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

SECTION 1. SHORT TITLE. This Act may be cited as the ``SAFE Transitional License Act''. SEC. 2. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS. (a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.) is amended by adding at the end the following: ``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS. ``(a) Temporary Authority To Originate Loans for Loan Originators Moving From a Depository Institution to a Non-Depository Institution.-- ``(1) In general.--Upon employment by a State-licensed mortgage company, an individual who is a registered loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the individual-- ``(A) has not had an application for a loan originator license denied, or had such a license revoked or suspended in any governmental jurisdiction; ``(B) has not been subject to or served with a cease and desist order in any governmental jurisdiction or as described in section 1514(c); ``(C) has not been convicted of a felony that would preclude licensure under the law of the application State; ``(D) has submitted an application to be a State- licensed loan originator in the application State; and ``(E) was registered in the Nationwide Mortgage Licensing System and Registry as a loan originator during the 12-month period preceding the date of submission of the information required under section 1505(a). ``(2) Period.--The period described in this paragraph shall begin on the date on which the individual submits the information required under section 1505(a) and shall end on the earliest of-- ``(A) the date on which the individual withdraws the application to be a State-licensed loan originator in the application State; ``(B) the date on which the application State denies, or issues a notice of intent to deny, the application; ``(C) the date on which the application State grants a State license; or ``(D) the date that is 120 days after the date on which the individual submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete. ``(b) Temporary Authority To Originate Loans for State-Licensed Loan Originators Moving Interstate.-- ``(1) In general.--A State-licensed loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the State-licensed loan originator-- ``(A) meets the requirements of subparagraphs (A), (B), (C), and (D) of subsection (a)(1); ``(B) is employed by a State-licensed mortgage company in the application State; and ``(C) was licensed in a State that is not the application State during the 30-day period preceding the date of submission of the information required under section 1505(a) in connection with the application submitted to the application State. ``(2) Period.--The period described in this paragraph shall begin on the date on which the State-licensed loan originator submits the information required under section 1505(a) in connection with the application submitted to the application State and end on the earliest of-- ``(A) the date on which the State-licensed loan originator withdraws the application to be a State- licensed loan originator in the application State; ``(B) the date on which the application State denies, or issues a notice of intent to deny, the application; ``(C) the date on which the application State grants a State license; or ``(D) the date that is 120 days after the date on which the State-licensed loan originator submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete. ``(c) Applicability.-- ``(1) Employer of loan originators.--Any person employing an individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State. ``(2) Engaging in mortgage loan activities.--Any individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section and who engages in residential mortgage loan origination activities shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State. ``(d) Definitions.--In this section, the following definitions shall apply: ``(1) Application state.--The term `application State' means a State in which a registered loan originator or a State- licensed loan originator seeks to be licensed. ``(2) State-licensed mortgage company.--The term `State- licensed mortgage company' means an entity licensed or registered under the law of any State to engage in residential mortgage loan origination and processing activities.''. (b) Table of Contents Amendment.--The table of contents in section 1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501 note) is amended by inserting after the item relating to section 1517 the following: ``Sec. 1518. Employment transition of loan originators.''. (c) Effective Date.--This section and the amendments made by this section shall take effect on the date that is 18 months after the date of enactment of this Act.

SAFE Transitional License Act This bill amends the S.A.F.E. Mortgage Licensing Act of 2008 to temporarily allow loan originators that meet specified requirements to continue to originate loans after moving: (1) from one state to another, or (2) from a depository institution to a non-depository institution.

[ 2, 0, 3603, 10885, 5428, 24176, 28515, 1783, 9, 2266, 111, 1918, 8845, 5, 208, 4, 250, 4, 597, 4, 717, 4, 18574, 24154, 21591, 1783, 7, 35, 36, 134, 43, 2703, 10, 331, 12, 26829, 2541, 9813, 2630, 7, 33, 4667, 3446, 7, 1760, 2...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Weekends Without Hunger Act''. SEC. 2. WEEKENDS AND HOLIDAYS WITHOUT HUNGER. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(j) Weekends and Holidays Without Hunger.-- ``(1) Definitions.--In this subsection: ``(A) At-risk school child.--The term `at-risk school child' has the meaning given the term in section 17(r)(1). ``(B) Eligible institution.-- ``(i) In general.--The term `eligible institution' means a public or private nonprofit institution that is determined by the Secretary to be able to meet safe food storage, handling, and delivery standards established by the Secretary. ``(ii) Inclusions.--The term `eligible institution' includes-- ``(I) an elementary or secondary school or school food service authority; ``(II) a food bank or food pantry; ``(III) a homeless shelter; and ``(IV) such other type of emergency feeding agency as is approved by the Secretary. ``(2) Establishment.--Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall establish a program under which the Secretary shall provide commodities, on a competitive basis, to eligible institutions to provide nutritious food to at-risk children on weekends and during extended school holidays during the school year. ``(3) Eligibility.-- ``(A) In general.--To be eligible to receive commodities under this subsection, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine. ``(B) Plan.--An application under subparagraph (A) shall include the plan of the eligible institution for the distribution of nutritious foods to at-risk school children, including-- ``(i) methods of food service delivery to at-risk school children; ``(ii) assurances that children receiving foods under the project will not be publicly separated or overtly identified; ``(iii) lists of the types of food to be provided under the project and provisions to ensure food quality and safety; ``(iv) information on the number of at-risk school children to be served and the per-child cost of providing the children with food; and ``(v) such other information as the Secretary determines to be necessary to assist the Secretary in evaluating projects that receive commodities under this subsection. ``(4) Priority.--In selecting applications under this subsection, the Secretary shall give priority to eligible institutions that-- ``(A) have on-going programs and experience serving populations with significant proportions of at-risk school children; ``(B) have a good record of experience in food delivery and food safety systems; ``(C) maintain high quality control, accountability, and recordkeeping standards; ``(D) provide children with readily consumable food of high nutrient content and quality; ``(E) demonstrate cost efficiencies and the potential for obtaining supplemental funding from non- Federal sources to carry out projects; and ``(F) demonstrate the ability to continue projects for the full approved term of the pilot project period. ``(5) Guidelines.-- ``(A) In general.--The Secretary shall issue guidelines containing the criteria for projects to receive commodities under this section. ``(B) Inclusions.--The guidelines shall, to the maximum extent practicable within the funds available and applications submitted, take into account-- ``(i) geographical variations in project locations to include qualifying projects in rural, urban, and suburban areas with high proportions of families with at-risk school children; ``(ii) different types of projects that offer nutritious foods on weekends and during school holidays to at-risk school children; and ``(iii) institutional capacity to collect, maintain, and provide statistically valid information necessary for the Secretary-- ``(I) to analyze and evaluate the results of the pilot project; and ``(II) to make recommendations to Congress. ``(6) Evaluation.-- ``(A) Interim evaluation.--Not later than November 30, 2013, the Secretary shall complete an interim evaluation of the pilot program carried out under this subsection. ``(B) Final report.--Not later than December 31, 2015, the Secretary shall submit to Congress a final report that contains-- ``(i) an evaluation of the pilot program carried out under this subsection; and ``(ii) any recommendations of the Secretary for legislative action. ``(7) Funding.-- ``(A) Authorization of appropriations.--There is authorized to be appropriated to carry out this section such sums as are necessary, to remain available until expended. ``(B) Availability of funds.--Not more than 3 percent of the funds made available under subparagraph (A) may be used by the Secretary for expenses associated with review of the operations and evaluation of the projects carried out under this subsection.''. Passed the House of Representatives December 8, 2010. Attest: LORRAINE C. MILLER, Clerk.

Weekends Without Hunger Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture, subject to the availability of appropriations, to implement a pilot program providing commodities, on a competitive basis, to nonprofits for the provision of nutritious food to at-risk school children on weekends and during extended school holidays during the school year. (At-risk school children are those who participate in the school lunch program and reside in an area served by a school in which at least 50% of the students receive free or reduced price meals under the school lunch or breakfast programs.) Includes elementary and secondary schools, school food authorities, food banks or pantries, homeless shelters, and other Secretary-approved emergency feeding agencies as eligible nonprofit recipients of such commodities. Requires commodity recipients to satisfy safe food storage, handling, and delivery standards established by the Secretary. Directs the Secretary to: (1) complete an interim evaluation of the pilot program by November 30, 2013; and (2) submit a final report to Congress by December 31, 2015, that contains an evaluation of such program and any recommendations the Secretary may have for legislative action. Authorizes appropriations for the pilot program.

[ 2, 0, 49134, 5, 1863, 9, 3061, 7, 35, 36, 134, 43, 680, 5, 563, 9, 5, 4973, 6786, 13, 5, 3854, 9, 30426, 6592, 7, 23, 12, 10848, 334, 408, 4, 178, 36, 176, 43, 146, 4664, 7, 5, 1863, 7, 35, 111, 36, 134, 238, 36, 176, ...

SECTION 1. MODIFICATIONS TO RULES FOR FRACTIONAL GIFTS. (a) Income Tax.-- (1) Additional requirements for deduction.--Paragraph (1) of section 170(o) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Denial of deduction in certain cases.-- ``(A) In general.--No deduction shall be allowed for a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property unless-- ``(i) all interests in the property are held immediately before such contribution by-- ``(I) the taxpayer, or ``(II) the taxpayer and the donee, ``(ii) in the case of an initial fractional contribution, such contribution is an undivided portion of not less than 10 percent of all interests in the property, ``(iii) in the case of an initial fractional contribution, the contribution is made pursuant to a written binding contract which requires the donor-- ``(I) to contribute not less than 20 percent of all interests in the property on or before the date that is 11 years after the date of the initial fractional contribution, and ``(II) to contribute all of the interests in such property to the donee (or if such donee is no longer in existence, to any person described in subsection (c)) on or before the earlier of the date of the death of the donor or the date which is 20 years after the date of the initial fractional contribution, and ``(iv) if the value of the tangible personal property with respect to which the undivided portion of the taxpayer's entire interest relates is greater than $1,000,000 (or such greater amount as determined by the Secretary), the taxpayer attaches to the return for the taxable year in which such contribution is made a statement of value obtained from the Internal Revenue Service. ``(B) Exceptions.--The Secretary may, by regulation, provide for exceptions to subparagraph (A)(i) in cases where all persons who hold an interest in the property make proportional contributions of an undivided portion of the entire interest held by such persons. Such regulations may modify the requirements of clauses (ii) and (iii) of subparagraph (A) to the extent necessary to carry out the purposes of this subparagraph.''. (2) Valuation of subsequent gifts.--Paragraph (2) of section 170(o) of such Code is amended to read as follows: ``(2) Valuation of subsequent gifts.--In the case of any additional contribution, the fair market value of such contribution shall be determined by multiplying-- ``(A) the fair market value of all of the donor's interest in the property immediately before the additional contribution, and ``(B) the interest in the property (expressed as a percentage) contributed in such additional contribution.''. (3) Recapture of deduction.--Paragraph (3) of section 170(o) of such Code is amended-- (A) by redesignating subparagraph (B) as subparagraph (C), and (B) by striking subparagraph (A) and inserting the following: ``(A) Recapture.--The Secretary shall provide for the recapture of the amount of any deduction allowed under this section (plus interest) with respect to any contribution of an undivided portion of a taxpayer's entire interest in tangible personal property-- ``(i) in any case in which the donor fails to meet the requirements described in paragraph (1)(A)(iii), and ``(ii) in any case where such property is not in the physical possession of the donee and used in a use which is related to a purpose or function constituting the basis for the donee organization's exemption under section 501 during any applicable period for a period of time which bears substantially the same ratio to 5 years as-- ``(I) the percentage of the undivided interest of the donee in the property (determined on the day after such contribution was made), bears to ``(II) 100 percent. ``(B) Applicable period.--For purposes of subparagraph (A), the applicable period means-- ``(i) the 5-year period beginning on the date of the later of the initial fractional contribution, and ``(ii) each subsequent 5-year period occurring during the 20-year period described in paragraph (1)(A)(iii)(II).''. (b) Estate Tax.--Paragraph (1) of section 2055(g) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Valuation of subsequent gifts.--In the case of any additional contribution, the fair market value of such contribution shall be determined by multiplying-- ``(A) the fair market value of all of the donor's interest in the property immediately before the additional contribution, and ``(B) the interest in the property (expressed as a percentage) contributed in such additional contribution.''. (c) Gift Tax.-- (1) Additional requirements for deduction.--Paragraph (1) of section 2522(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Denial of deduction in certain cases.-- ``(A) In general.--No deduction shall be allowed for a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property unless-- ``(i) all interests in the property are held immediately before such contribution by-- ``(I) the taxpayer, or ``(II) the taxpayer and the donee, ``(ii) in the case of an initial fractional contribution, such contribution is an undivided portion of not less than 10 percent of all interests in the property, ``(iii) in the case of an initial fractional contribution, the contribution is made pursuant to a written binding contract which requires the donor-- ``(I) to contribute not less than 20 percent of all interests in the property on or before the date that is 11 years after the date of the initial fractional contribution, and ``(II) to contribute all of the interests in such property to the donee (or if such donee is no longer in existence, to any person described in section 170(c)) on or before the earlier of the date of the death of the donor or the date which is 20 years after the date of the initial fractional contribution, and ``(iv) if the value of the tangible personal property with respect to which the undivided portion of the taxpayer's entire interest relates is greater than $1,000,000 (or such greater amount as determined by the Secretary), the taxpayer attaches to the return for the taxable year in which such contribution is made a statement of value obtained from the Internal Revenue Service. ``(B) Exceptions.--The Secretary may, by regulation, provide for exceptions to subparagraph (A)(i) in cases where all persons who hold an interest in the property make proportional contributions of an undivided portion of the entire interest held by such persons. Such regulations may modify the requirements of clauses (ii) and (iii) of subparagraph (A) to the extent necessary to carry out the purposes of this subparagraph.''. (2) Valuation of subsequent gifts.--Paragraph (2) of section 2522(e) of such Code is amended to read as follows: ``(2) Valuation of subsequent gifts.--In the case of any additional contribution, the fair market value of such contribution shall be determined by multiplying-- ``(A) the fair market value of all of the donor's interest in the property immediately before the additional contribution, and ``(B) the interest in the property (expressed as a percentage) contributed in such additional contribution.''. (3) Recapture of deduction.--Paragraph (3) of section 2522(e) of such Code is amended-- (A) by redesignating subparagraph (B) as subparagraph (C), and (B) by striking subparagraph (A) and inserting the following: ``(A) Recapture.--The Secretary shall provide for the recapture of the amount of any deduction allowed under this section (plus interest) with respect to any contribution of an undivided portion of a taxpayer's entire interest in tangible personal property-- ``(i) in any case in which the donor fails to meet the requirements described in paragraph (1)(A)(iii), and ``(ii) in any case where such property is not in the physical possession of the donee and used in a use which is related to a purpose or function constituting the basis for the donee organization's exemption under section 501 during any applicable period for a period of time which bears substantially the same ratio to 5 years as-- ``(I) the percentage of the undivided interest of the donee in the property (determined on the day after such contribution was made), bears to ``(II) 100 percent. ``(B) Applicable period.--For purposes of subparagraph (A), the applicable period means-- ``(i) the 5-year period beginning on the date of the later of the initial fractional contribution, and ``(ii) each subsequent 5-year period occurring during the 20-year period described in paragraph (1)(A)(iii)(II).''. (d) Return Requirement.--Section 6033 of the Internal Revenue Code of 1986 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Additional Provisions Relating to Organizations Described in Section 170(c).--Every organization described in section 170(c) shall, on any return required under subsection (a), list each charitable contribution received by the organization during the period covered by the return which represents a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property and provide such other information with respect to such contribution as required by the Secretary.''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to contributions, bequests, and gifts made after the date of the enactment of this Act. (2) Return requirement.--The amendments made by subsection (d) shall apply to returns for taxable years ending after the date of the enactment of this Act. (f) Transition Rule.--In the case of any additional contribution (as defined in section 170(o)(4) of the Internal Revenue Code of 1986) with respect to an initial fractional contribution (as defined in such section) made after August 17, 2006, and before the date of the enactment of this Act-- (1) except for purposes of determining the fair market value of such contribution under sections 170(o)(2), 2055(g)(1), and 2522(e)(2) of the Internal Revenue Code of 1986 (as such sections were amended by this Act), such contribution shall be treated as an initial fractional contribution (as so defined) subject to the amendments made by this section, and (2) sections 170(o)(3)(A)(i) and 2522(e)(3)(A)(i) of such Code (as in effect before the date of the enactment of this Act) shall not apply with respect to any prior contribution of an undivided portion of the taxpayer's interest in the property.

Amends Internal Revenue Code provisions relating to the tax deduction for donations of fractional interests in tangible personal property to: (1) permit donors to claim an increased deduction based upon the market value of subsequent gifts of fractional interests, (2) extend to 20 years the period in which donors of fractional interests must contribute their entire interest in donated property, and (3) require donors of fractional interests greater than $1 million to attach a statement of value obtained from the Internal Revenue Service (IRS) to their tax returns.

[ 2, 0, 49134, 5, 11827, 7, 35, 36, 134, 43, 146, 10, 5883, 9, 41, 2432, 1879, 8598, 4745, 9, 10, 1437, 49820, 1437, 1437, 49190, 21402, 7471, 1437, 1437, 1437, 36440, 28784, 1437, 1437, 2537, 1437, 1437, 36, 134, 238, 8, 36, 176, ...

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Acquisition Savings Reform Act of 2011''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Use of reverse auction methods. Sec. 4. Federal Strategic Sourcing Initiative. Sec. 5. Savings through leveraging the Federal Government's purchasing power. Sec. 6. Governmentwide contract vehicles. Sec. 7. Streamlining of contract closeouts. Sec. 8. Affordability as a requirement for certain acquisition plans. Sec. 9. Cost efficiency objectives for service contracts. Sec. 10. Establishing governmentwide acquisition savings criteria. Sec. 11. Office of Management and Budget savings requirements. Sec. 12. Expedited payment to small business. SEC. 2. DEFINITIONS. In this Act: (1) Approved business case.--The term ``approved business case'' means a business case approved by the senior procurement executive of an executive agency. (2) Acquisition.--The term ``acquisition'' has the meaning given the term in section 131 of title 41, United States Code. (3) Commercial item.--The term ``commercial item'' has the meaning given the term in section 103 of title 41, United States Code. (4) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. (5) Federal acquisition regulation.--The term ``Federal Acquisition Regulation'' means the Federal Acquisition Regulation maintained under section 1303(a)(1) of title 41, United States Code. (6) Federal acquisition regulatory council.--The term ``Federal Acquisition Regulatory Council'' means the Federal Acquisition Regulatory Council established under section 1302(a) of title 41, United States Code. (7) Federal strategic sourcing vehicles (fssvs).--The term ``Federal Strategic Sourcing Vehicles'' means a kind of governmentwide interagency acquisition contract or agreement designated by the Office of Management and Budget to leverage the Federal Government's buying power and save taxpayers money. (8) Interagency contract.--The term ``interagency contract''-- (A) includes-- (i) governmentwide acquisition contracts as defined in Federal Acquisition Regulation part 2.101; (ii) multi-agency contracts as defined in Federal Acquisition Regulation part 2.101; (iii) Federal Supply Schedule contracts; and (iv) franchise funds; and (B) does not include contracts entered into under the authority of section 1535 of title 31, United States Code. (9) Procurement.--The term ``procurement'' has the meaning given the term in section 111 of title 41, United States Code. SEC. 3. USE OF REVERSE AUCTION METHODS. Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require the heads of executive agencies, to the extent possible, to use online reverse auction, or an equivalent method, in the procurement of commercial items above the simplified acquisition threshold whenever doing so would be expected to result in savings to the agencies. The regulatory guidance shall address the circumstances in which use of reverse auctions is appropriate, and shall direct agencies, in deciding whether to use auctions or an equivalent method, to consider the dollar volume of the acquisition and potential to streamline the procurement for the agency and vendors. SEC. 4. FEDERAL STRATEGIC SOURCING INITIATIVE. (a) Consideration in Acquisition Planning Process.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require the consideration of Federal Strategic Sourcing Vehicles in the acquisition planning process, by including a listing of Federal Strategic Sourcing Vehicles in the ``Priorities for use of Government supply sources'' for Supplies and Services. The Office of Management and Budget shall maintain a website with the current list of Federal Strategic Sourcing Vehicles. The Supplies priority shall be after the priority for wholesale supply services. The Services priority shall be after services which are on the Procurement List maintained by the Committee for Purchase From People Who are Blind or Severely Disabled. The Federal Acquisition Regulation shall be amended to authorize purchases from other than from Federal Strategic Sourcing Vehicles, provided that consideration is given to its use in the acquisition planning process. The plan will be documented to acknowledge why usage of other than Federal Strategic Sourcing Vehicles is warranted. The acknowledgment shall indicate that such action is judged to be in the best interest of the Federal Government in terms of the combination quality, timeliness, and cost that best meets the requirement. Cost comparisons shall include the administrative cost of the acquisition. Unusual and compelling urgency as prescribed in the Federal Acquisition Regulation shall also be an authorized reason from deviating from the Federal Strategic Sourcing Vehicles. (b) Maximization of Small Business and Other Socioeconomic Categories in Federal Strategic Sourcing Vehicles.--The Administrator for Federal Procurement Policy shall issue policy maximizing the participation of small business and other socioeconomic categories such as service-disabled veteran-owned small business in these Federal Strategic Sourcing Vehicles. Agencies shall also be credited towards their small business goals when awarding to small business Federal Strategic Sourcing Vehicle contract holders. (c) Identification of Designated Federal Strategic Source Vehicles.--The Office of Management and Budget shall identify on its website a list of all Federal Strategic Source Vehicle contracts and agreements and awardees. (d) Inclusion of Information Technology Purchases and Services in Initiative.-- (1) Data collection.--The Director of the Office of Management and Budget shall prescribe regulations requiring Chief Information Officers and Chief Acquisition Officers of executive agencies to develop and gather such data on information technology purchases and service acquisitions by North American Industrial Classification codes. (2) Annual report.--The regulations prescribed under this subsection shall require the head of each executive agency to submit to the Director of Office of Management and Budget an annual report through fiscal year 2016 including the data collected under paragraph (1) and a plan for the strategic sourcing of information technology purchases and common commercial services. The plan shall include specific milestones, measurable savings, and evaluation criteria. (e) Reporting.--The head of each executive agency shall submit to the Director of the Office of Management and Budget an annual report for each of fiscal years 2013 through 2016, estimating the amount of savings achieved through the usage of Federal Strategic Sourcing Vehicles and through other measurable acquisition savings methods approved by the Administrator for Federal Procurement Policy. The report shall also specify by each Federal Strategic Sourcing Vehicle commodity what guidance the agency has issued to employees instructing them to procure goods or services through the Federal Strategic Sourcing Vehicle. If the agency has not issued such guidance to their employees, the agency shall submit an explanation. SEC. 5. SAVINGS THROUGH LEVERAGING THE FEDERAL GOVERNMENT'S PURCHASING POWER. Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall develop a plan to achieve not less than $1,000,000,000 in measurable savings through Federal Strategic Sourcing Vehicles for fiscal years 2013 through 2016. The plan shall include an annual scorecard measuring the success of each executive agency in achieving savings. SEC. 6. GOVERNMENTWIDE CONTRACT VEHICLES. Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that-- (1) where an agency is unable to satisfy the requirements from a mandatory source, agencies are strongly encouraged to utilize Federal Supply Schedules, governmentwide acquisition contracts, multi-agency contracts, and any other procurement instruments intended for use by multiple agencies, including blanket purchase agreements (BPAs) under Federal Supply Schedule contracts absent a written justification that the governmentwide contract is not in the best interest of the Federal Government; (2) agencies shall promote acquisition strategies utilizing these vehicles to maximize participation of small businesses and other socioeconomic categories, including set-asides of acquisitions under these vehicles; and (3) contracting officers shall be encouraged by agency guidance to maximize competition under these vehicles to the maximum amount practicable with the goal of achieving the best value to the Federal Government. SEC. 7. STREAMLINING OF CONTRACT CLOSEOUTS. (a) Authority To Waive Contract Closeout Audits.-- (1) Authority.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide contracting officers the authority to waive contract closeout audits above the simplified acquisition purchase threshold based on risk assessments. Factors upon which an assessment of low risk may include time and material contracts, low dollar cost type contracts, and contractors with approved business systems, strong internal controls, and good past performance ratings. (2) Guidance.--Not later than 270 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, in collaboration with the Director of the Defense Procurement and Acquisition Policy, shall issue guidance for assisting contracting officials in determining when waivers of contract closeout audits pursuant to paragraph (1) are appropriate. (3) Use of abilityone program.--Where practicable, and in accordance with the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.) as administered by the Committee For Purchase From People Who Are Blind or Severely Disabled, utilize the AbilityOne Program to accomplish non-inherently governmental tasks associated with contract or grant close-out in those cases where a Federal agency utilizes contractor support for close- out functions. (b) Firm-Fixed Contracts.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that, on firm-fixed contracts-- (1) contractors shall submit a final invoice within 60 days of Federal Government acceptance or relinquish payment unless exempted by the contracting officer; (2) the contracting officer may-- (A) close a contract without a final invoice if the amount due is less than $1,000 and less than 10 percent of the contract value; and (B) unilaterally deobligate any unliquidated obligations remaining on the contract; and (3) such contracts may be closed with missing contract documentation if no additional product or service will be received by the Federal Government and there are no outstanding administrative actions. (c) Authority To Write Off Unreconciled Balances for Low-Risk Contracts.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide contracting officers, with approval one level above the contracting officer concerned, the authority to write off unreconciled balances on low-risk contracts in cases in which-- (1) all administrative actions are complete, including final payment to the contractor unless exempted under subsection (b)(1); and (2) a written notice of the action has been sent to the payment office responsible for the contract. (d) Authority To Grant Exemptions.--The regulations promulgated under this section shall permit the head of contracting activity to grant exemptions to the requirements under this section, with the exemptions included in the contract file. (e) Contracting Officer Defined.--In this section, the term ``contracting officer'' includes procuring and administrative contracting officers. SEC. 8. AFFORDABILITY AS A REQUIREMENT FOR CERTAIN ACQUISITION PLANS. (a) In General.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require heads of executive agencies to mandate that affordability be included as a requirement for major systems, research and development, construction and architect- engineering acquisitions prior to the approval of any acquisition plan exceeding $100,000,000. (b) Affordability Defined.--In this section, the term ``affordability'' refers to conducting an acquisition program at a cost constrained by the maximum resources that an executive agency can allocate for a particular capability. SEC. 9. COST EFFICIENCY OBJECTIVES FOR SERVICE CONTRACTS. Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require service contracts valued at more than $100,000,000 include provisions to achieve productivity improvements and cost efficiencies. The regulation shall permit the head of contracting activity to grant exceptions to this requirement which shall be included in the contract file. SEC. 10. ESTABLISHING GOVERNMENTWIDE ACQUISITION SAVINGS CRITERIA. The Administrator for Federal Procurement Policy, in collaboration with the Director of the Defense Procurement and Acquisition Policy, shall establish at least one year from enactment a methodology to track and monitor progress made by executive agencies in achieving measurable acquisition savings. Measurable acquisition savings should include price reductions and cost savings through reduced acquisition costs such as administrative costs. SEC. 11. OFFICE OF MANAGEMENT AND BUDGET SAVINGS REQUIREMENTS. (a) Plan for Reduced Use of Time and Materials Contracts.--Not later than 270 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, in coordination with the Administrator of General Services and the Secretary of Defense, shall develop a plan for reducing the use of time and materials and labor hour contracts, including for orders under indefinite delivery/ indefinite quantity contracts. (b) Report on Spending on Management Support Service Contracts.-- Not later than one year after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, in collaboration with the Director of the Defense Procurement and Acquisition Policy, shall submit to Congress a report on reduced spending on management support service contracts. SEC. 12. EXPEDITED PAYMENT TO SMALL BUSINESS. Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to reflect that governmentwide policy is to assist small business concerns by paying them as quickly as possible after invoices and all proper documentation, including acceptance, are received and before normal payment due dates established in the contract.

Acquisition Savings Reform Act of 2011 - Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation (FAR) to revise certain federal acquisition practices and procedures, including by: (1) requiring executive agency heads to use online reverse auction, or an equivalent method, in the procurement of commercial items above the simplified acquisition threshold; (2) requiring the consideration of Federal Strategic Sourcing Vehicles (defined as a kind of government-wide interagency acquisition contract or agreement to leverage the federal government's buying power) in the acquisition planning process; (3) authorizing contracting officers to waive contract closeout audits above the simplified acquisition purchase threshold based on risk assessments and to write off unreconciled balances on low risk contracts; (4) requiring executive agency heads to mandate that affordability be included as a requirement for major systems, research and development, and construction and architect-engineering acquisitions, prior to the approval of any acquisition plan exceeding $100 million; (5) requiring service contracts valued at more than $100 million to include provisions to achieve productivity improvements and cost efficiencies; and (6) assisting small businesses by paying their invoices as quickly as possible and before normal payment due dates established by contract. Requires the Administrator for Federal Procurement Policy to develop a plan for reducing the use of time and materials and labor hour contracts. Requires the Director of the Office of Management and Budget (OMB) to: (1) identify on the OMB website a list of all Federal Strategic Source Vehicle contracts and agreements and awardees, and (2) develop a plan to achieve not less than $1 billion in measurable savings through Federal Strategic Sourcing Vehicles for FY2013-FY2016.

[ 2, 0, 49134, 5, 19552, 9, 5, 1853, 28912, 18193, 1080, 36, 597, 2562, 500, 43, 7, 35, 36, 134, 43, 2179, 10, 563, 13, 4881, 5, 304, 9, 86, 8, 3183, 8, 4178, 1437, 50127, 4, 36, 176, 43, 5242, 41, 1013, 1471, 6940, 14978, 5, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees' Compensation Reform Act of 2011''. SEC. 2. FEDERAL WORKERS COMPENSATION REFORMS FOR RETIREMENT ELIGIBLE EMPLOYEES. (a) Transition to Retirement.-- (1) In general.--Chapter 81 of title 5, United States Code, is amended by inserting after section 8106 the following: ``Sec. 8106a. Transition to retirement ``(a) Definitions.--In this section-- ``(1) the term `covered employee' means an employee who-- ``(A) is paid compensation under section 8105 or 8106; and ``(B) on or after attaining retirement age is eligible for an annuity under chapter 83 or 84 (other than a survivor annuity); and ``(2) the term `retirement age' has the meaning given under section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)). ``(b) Notwithstanding any other provision of this chapter, the payment of compensation under section 8105 or 8106 to a covered employee shall terminate on the date that the covered employee-- ``(1) attains retirement age and is eligible for an annuity under chapter 83 or 84 (other than a survivor annuity); or ``(2) after attaining retirement age becomes eligible for an annuity under chapter 83 or 84 (other than a survivor annuity). ``(c) Not later than 1 year before the date that a covered employee attains retirement age or subsequently becomes eligible for an annuity under chapter 83 or 84 (other than a survivor annuity), the Secretary of Labor shall provide notice of this section to-- ``(1) the covered employee; ``(2) the employing agency of that covered employee; and ``(3) the Office of Personnel Management. ``(d) The employing agency of a covered employee shall file an application for an annuity with the Office of Personnel Management in accordance with section 8352 or 8471.''. (2) Technical and conforming amendment.--The table of sections for chapter 81 of title 5, United States Code, is amended by inserting after the item relating to section 8106 the following: ``Sec. 8106a. Transition to retirement.''. (b) Filing of Applications.-- (1) Civil service retirement system.-- (A) In general.--Chapter 83 of title 5, United States Code, is amended by inserting after section 8351 the following: ``Sec. 8352. Employees transitioning from workers compensation ``(a) Definition.--In this section, the term `covered employee' means an employee who is a covered employee as defined under section 8106a(a)(1) and is eligible for an annuity under this chapter. ``(b) Applications.--Not later than 1 year before the date of the termination of payments of compensation under section 8106a(b) to a covered employee who is eligible for an annuity under this chapter, the employing agency of that covered employee shall file an application for an annuity for that covered employee under this chapter with the Office of Personnel Management. ``(c) Regulations.--The Office of Personnel Management shall prescribe regulations to carry out this section.''. (B) Technical and conforming amendment.--The table of sections for chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8351 the following: ``Sec. 8352. Employees transitioning from workers compensation.''. (2) Federal employees retirement system.-- (A) In general.--Chapter 84 of title 5, United States Code, is amended by inserting after section 8470 the following: ``Sec. 8471. Employees transitioning from workers compensation ``(a) Definition.--In this section, the term `covered employee' means an employee who is a covered employee as defined under section 8106a(a)(1) and is eligible for an annuity under this chapter. ``(b) Applications.--Not later than 1 year before the date of the termination of payments of compensation under section 8106a(b) to a covered employee who is eligible for an annuity under this chapter, the employing agency of that covered employee shall file an application for an annuity for that covered employee under this chapter with the Office of Personnel Management. ``(c) Regulations.--The Office of Personnel Management shall prescribe regulations to carry out this section.''. (B) Technical and conforming amendment.--The table of sections for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8456 the following: ``Sec. 8471. Employees transitioning from workers compensation.''. SEC. 3. REGULATIONS. Not later than 180 days after the date of enactment of this Act, the Secretary of Labor, after consultation with the Director of the Office of Personnel Management, shall prescribe regulations to carry out this Act. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided under subsection (b), this Act (including the amendments made by this Act) shall take effect on the date of enactment of this Act. (b) Termination of Compensation.--Section 8106a(b) of title 5, United States Code, (as added by section 2 of this Act) shall take effect 1 year after the date regulations are prescribed under section 3.

Federal Employees' Compensation Reform Act of 2011 - Requires federal employees, including postal employees, who are receiving total or partial disability benefits under the Federal Employees Compensation Act (FECA) to convert to the federal retirement system when such employees reach retirement age as defined by the Social Security Act and are otherwise eligible for an annuity under the the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS).

[ 2, 0, 33509, 13479, 35018, 12287, 1783, 9, 1466, 111, 1918, 8845, 5, 1853, 10586, 35018, 1783, 9, 1824, 7, 2703, 5, 21819, 1218, 9, 10, 2913, 3200, 7, 2870, 41, 2502, 13, 1437, 50136, 260, 9915, 15147, 13, 14, 2913, 3200, 223, 42,...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Challenge Demonstration Project Act of 2007''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) adapt the lessons of foreign aid to underdeveloped economies, such as the experience of the Millennium Challenge Corporation, to the provision of Federal economic development assistance to similarly situated remote Native American communities; (2) provide Federal economic development assistance for Native communities through the Native American Challenge Demonstration Project; (3) administer Federal economic development assistance in a manner that promotes economic growth and the elimination of poverty and strengthens good governance, entrepreneurship, and investment in Native communities; (4) improve the effectiveness of Federal economic development assistance by encouraging the integration and coordination of such assistance in Native American communities; (5) promote sustainable economic growth and poverty reduction policies in Native American communities in a manner that promotes self-determination and self-sufficiency among remote Native American communities while preserving their cultural values; and (6) establish a demonstration project which, if successful, may be broadly applied to other Native American communities in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term `` eligible entity'' means-- (A) the Association of Village Council Presidents, the Bristol Bay Native Association, and the Alaska Federation of Natives applying jointly; (B) in the State of Hawaii, a consortia of local Native Hawaiian community organizations to be determined by the Secretary in consultation with the Secretary of Interior and the Office of Hawaiian Affairs; and (C) in the contiguous states, up to three organizations to be determined by the Secretary in consultation with the Secretary of the Interior, which organizations may be Indian tribes, consortia of Indian tribes, or nongovernmental entities authorized by one or more Indian tribes. (2) Compact.--The term ``compact'' means a binding agreement with the United States pursuant to this Act. (3) Economic development strategy of the eligible entity.-- The term ``economic development strategy of the eligible entity'' means a strategy written by the eligible entity and designed to achieve sustainable economic growth and reduce poverty over a defined period, developed in consultation with public and private sector entities as appropriate to the geographic area and intended beneficiaries of the compact. (4) Indian tribe.--The term ``Indian tribe'' shall have the meaning given the term in section 4(e) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450 et seq.). (5) Renewal.--The term ``renewal'' means the negotiated extension of a compact. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce, Office of the Secretary. SEC. 4. NATIVE AMERICAN MILLENNIUM CHALLENGE DEMONSTRATION PROJECT. (a) Establishment.--The Secretary shall establish and implement a demonstration project in the Department of Commerce. (b) Authorization of Assistance.--The Secretary may provide assistance under this section to an eligible entity that enters a compact with the United States pursuant to this Act. (c) Form of Assistance.--Assistance under this section-- (1) shall be provided in the form of funding agreements established by the compacts; (2) may not be provided in the form of loans; and (3) may not be used for gaming activities pursuant to the Indian Gaming Regulatory Act (25 USC 2701 et seq.). (d) Coordination.-- (1) In general.--The provision of assistance under this section shall be coordinated with other Federal economic development assistance programs for Native Americans. (2) Integrated funding.--The Secretary, in cooperation with other Secretaries as appropriate, shall, upon execution of a compact with an eligible entity, authorize the eligible entity to coordinate its federally funded economic development assistance programs in a manner that integrates the program services into a single, coordinated program. (3) Agencies and departments.--The Federal agencies and departments administering economic development assistance programs for Native Americans are the following: (A) Department of Agriculture. (B) Department of Commerce. (C) Department of Energy. (D) Department of Health and Human Services. (E) Department of Housing and Urban Development. (F) Department of the Interior. (G) Small Business Administration. (H) Such other Federal agencies and instrumentalities as the Secretary determines appropriate. (e) Programs Affected.--The programs that may be integrated pursuant to this Act shall include any program under which an Indian tribe is eligible for receipt of funds under a statutory or administrative formula for economic development purposes. (f) Waiver Authority.--Upon receipt of the executed compact, the Secretary shall consult with the eligible entity and the Secretary of each Federal agency or department providing funds to be used to implement the compact in order to identify any waivers of statutory requirements or applicable regulations, policies, or procedures necessary to enable the eligible entity to implement its compact. SEC. 5. NATIVE AMERICAN CHALLENGE COMPACTS. (a) Compacts.--The Secretary shall develop and recommend procedures for considering proposals for compacts submitted by eligible entities. The Secretary may provide assistance to an eligible entity only if the eligible entity enters into an agreement with the United States, to be known as a ``Native American Challenge Compact'', that establishes a multi-year plan for achieving development objectives in furtherance of the purposes of this Act. (b) Eligible Entities-Criteria for Selection.--The Secretary shall develop an application process and criteria for selecting the eligible entities, taking into account-- (1) the purposes of this Act; (2) the economic development strategy of the eligible entity; (3) the remoteness of the reservation or community to be served; (4) its general economic status; (5) poverty rates; and (6) the capacity of the applicant. (c) Assistance for Development of a Compact.--To the extent that funds have been appropriated in advance and are available for this section, the Secretary may enter into contracts with or make grants to any eligible entity for the purposes of facilitating the development and implementation of a compact between the United States and the eligible entity. (d) Duration and Extension.--The term of an initial compact may not exceed five years. An eligible entity and the United States may enter into one or more subsequent compacts in accordance with the requirements of this Act. If a compact is nearing its expiration or has expired, the eligible entity and the United States may renegotiate or extend the compact for as many periods as the parties agree, with each period not exceeding 10 years. (e) Application.--The Secretary shall develop and recommend procedures for considering proposals for compacts submitted by eligible entities. (f) Elements.--In furtherance of the economic development strategy of the eligible entity, the compact shall contain-- (1) a description of the specific objectives for sustainable economic development and the reduction of poverty that the eligible entity and the United States expect to achieve during the term of the compact; (2) a description of the respective roles and responsibilities of the eligible entity and the United States in the achievement of such objectives; (3) a list and description of regular benchmarks to measure progress toward achieving such objectives; (4) an identification of the intended beneficiaries, disaggregated by income level, gender, and age, to the maximum extent practical; and (5) a multi-year financial plan to guide the implementation of the compact, including the estimated level of funding and other contributions by the United States and the eligible entity, proposed mechanisms to execute the plan, and periodic assessments to determine whether the requirements of subparagraphs (1) through (4) are being met. (g) Suspension and Termination of Assistance.-- (1) In general.--The Secretary may suspend or terminate assistance in whole or in part for an entity that has entered a compact with the United States if the Secretary determines that-- (A) the entity has failed to adhere to its responsibilities under the compact, or (B) the entity has engaged in a pattern of actions inconsistent with the purposes of this Act. (h) Reinstatement.--The Secretary may reinstate assistance for an entity only if the Secretary determines that the entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under subsection (f). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2008 through 2012. Any funds authorized but not appropriated may be appropriated in subsequent fiscal years, provided that the cumulative level of funds authorized to be appropriated for Fiscal Year 2008 through 2012 shall not exceed $100,000,000. Sums appropriated under this section shall remain available until expended. (b) Administrative Funds.--Of the funds made available by this Act, no more than 5 percent may be used by the Secretary for administrative expenses and program oversight. SEC. 7. PROGRAM ASSESSMENTS AND REPORTS. (a) Reports of Eligible Entities.--Not later than March 15, 2008, and annually thereafter, each the eligible entity shall prepare and submit to the Secretary a written report regarding the assistance provided under this Act during the previous fiscal year. (b) Report Contents.--A report required under subsection (a) shall include the following: (1) The amount of obligations and expenditures for assistance provided during the prior fiscal year. (2) A description of the programs and activities conducted by the entity in furtherance of its economic development strategy and the purposes of this Act. (3) An assessment of the effectiveness of the assistance provided and progress made by the entity toward achieving its economic development strategy and the purposes of this Act. (4) Other information the eligible entity considers relevant considering the purposes of this Act. (c) Transmittal to Congress.--Not later than May 15, 2008, and annually thereafter, the Secretary shall transmit reports required under subsection (a), with such other information the Secretary considers relevant, to the Committee on Energy and Commerce and the Committee on Natural Resources in the House of Representatives, and the Committee on Indian Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Energy and Natural Resources in the Senate.

Native American Challenge Demonstration Project Act of 2007 - Directs the Secretary of Commerce to establish and implement the Native American Challenge Demonstration Project through which federal economic development assistance may be provided for certain Native American communities. Authorizes the Secretary to provide such assistance to eligible entities that enter into Native American Challenge Compacts with the United States pursuant to this Act. Requires that Compacts establish a multi-year plan for achieving development objectives in furthering the purposes of this Act, including to adapt the lessons of foreign aid to underdeveloped economies to the provision of federal economic development assistance to similarly situated remote Native American communities.

[ 2, 0, 49134, 5, 1863, 7, 35, 36, 134, 43, 2179, 8, 5940, 6196, 13, 13684, 14199, 13, 215, 3485, 4, 36, 176, 43, 5242, 8, 5731, 10, 12549, 4, 178, 36, 246, 43, 694, 3485, 7, 41, 4973, 10014, 129, 114, 5, 10014, 34, 7646, 10, ...

That this Act may be cited as the ``Line-Item Rescission Act of 1993''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Transmittal of Special Message.--The President may, on the same calendar day the President approves any appropriation bill, transmit to both Houses of the Congress, for consideration in accordance with this section, one or more special messages proposing to rescind all or part of any item of budget authority provided in the appropriation bill. ``(b) Contents of Special Message.-- ``(1) No special message may be considered in accordance with this section if the special message proposes to rescind more than one item of budget authority. ``(2) Each special message transmitted under subsection (a) shall specify, with respect to the item of budget authority (or part thereof) proposed by the message to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(3) Each special message transmitted under subsection (a) shall be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. ``(c) Procedures.-- ``(1)(A) On the day on which a special message proposing to rescind an item of budget authority is transmitted to the House of Representatives and the Senate under subsection (a), the draft bill or joint resolution accompanying such special message shall be introduced (by request) by the majority leader of the House of the Congress in which the appropriation Act providing the budget authority originated. If such House is not in session on the day on which a special message is transmitted, the draft bill or joint resolution shall be introduced in such House, as provided in the preceding sentence, on the first day thereafter on which such House is in session. ``(B) A draft bill or joint resolution introduced in the House of Representatives or the Senate pursuant to subparagraph (A) shall be referred to the Committee on Appropriations of such House. The committee shall report the bill or joint resolution without substantive revision (and with or without recommendation) not later than 20 calendar days of continuous session of the Congress after the date on which the bill or joint resolution is introduced. A committee failing to report a bill or joint resolution within the 20-day period referred to in the preceding sentence shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. ``(C) A vote on final passage of a bill or joint resolution introduced in a House of the Congress pursuant to subparagraph (A) shall be taken on or before the close of the 30th calendar day of continuous session of the Congress after the date of the introduction of the bill or joint resolution in such House. If the bill or joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the bill or joint resolution to be engrossed, certified, and transmitted to the other House of the Congress on the same calendar day on which the bill or joint resolution is agreed to. ``(2)(A) A bill or joint resolution transmitted to the House of Representatives or the Senate pursuant to subparagraph (C) of paragraph (1) shall be referred to the Committee on Appropriations of such House. The committee shall report the bill or joint resolution without substantive revision (and with or without recommendation) not later than 20 calendar days of continuous session of the Congress after the bill or joint resolution is transmitted to such House. A committee failing to report the bill or joint resolution within the 20-day period referred to in the preceding sentence shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill or joint resolution transmitted to a House of the Congress pursuant to subparagraph (C) of paragraph (1) shall be taken on or before the close of the 30th calendar day of continuous session of the Congress after the date on which the bill or joint resolution is transmitted to such House. If the bill or joint resolution is agreed to in such House, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the engrossed bill or joint resolution to be returned to the House in which the bill or joint resolution originated, together with a statement of the action taken by the House acting under this paragraph. ``(3)(A) A motion in the House of Representatives to proceed to the consideration of a bill or joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill or joint resolution under this section shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill or joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill or joint resolution under this section or to move to reconsider the vote by which the bill or joint resolution is agreed to or disagreed to. ``(C) Motions to postpone, made in the House of Representatives with respect to the consideration of a bill or joint resolution under this section, and motions to proceed to the consideration of other business, shall be decided without debate. ``(D) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill or joint resolution under this section shall be decided without debate. ``(E) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill or joint resolution under this section shall be governed by the Rules of the House of Representatives applicable to other bills and joint resolutions in similar circumstances. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill or joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill or joint resolution under this section, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill or joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or joint resolution, except that in the event the manager of the bill or joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill or joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill or joint resolution under this section is not debatable. A motion to recommit a bill or joint resolution under this section is not in order. ``(d) Amendments Prohibited.--No amendment to a bill or joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent. ``(e) Requirement to Make Available for Obligation.--Any item of budget authority proposed to be rescinded in a special message transmitted to the Congress in accordance with subsection (a) shall be made available for obligation unless, not more than 60 days after the transmittal of the special message, both Houses of the Congress have agreed to the bill or joint resolution accompanying such special message. ``(f) Definitions.--For purposes of this section, the term-- ``(1) `item' means any numerically expressed amount of budget authority set forth in an appropriation bill; ``(2) `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(3) `appropriation Act' means any appropriation bill that has been approved by the President and become law.''. (b) Conforming Amendments.-- (1) Section 1011(5) of the Congressional Budget and Impoundment Control Act of 1974 is amended-- (A) by striking out ``1012, and'' and inserting in lieu thereof ``1012, the 20-day periods referred to in paragraphs (1)(B) and (2)(A) of section 1013(c), the 60-day period referred to in section 1013(e) and''; (B) by striking out ``1012 during'' and inserting in lieu thereof ``1012 or 1013 during''; (C) by striking out ``of 45'' and inserting in lieu thereof ``of the applicable number of''; and (D) by striking out ``45-day period referred to in paragraph (3) of this section and in section 1012'' and inserting in lieu thereof ``period or periods of time applicable under such section''. (2)(A) Section 1011 of such Act is further amended-- (i) in paragraph (4) by striking out ``1013'' and inserting in lieu thereof ``1014''; and (ii) in paragraph (5)-- (I) by striking out ``1016'' and inserting in lieu thereof ``1017''; and (II) by striking out ``1017(b)(1)'' and inserting in lieu thereof ``1018(b)(1)''. (B) Section 1012 of such Act is amended-- (i) by striking out ``1012 or 1013'' each place it appears and inserting in lieu thereof ``1012, 1013, or 1014''; (ii) in subsection (b)(1) by striking out ``1012'' and inserting in lieu thereof ``1012 or 1013''; (iii) in subsection (b)(2) by striking out ``1013'' and inserting in lieu thereof ``1014''; and (iv) in subsection (e)(2)-- (I) by striking out ``and'' at the end of subparagraph (A), (II) by redesignating subparagraph (B) as subparagraph (C), (III) by striking out ``1013'' in subparagraph (C) (as so redesignated), and (IV) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (C) Section 1015 of such Act is amended by striking out ``1012 or 1013'' each place it appears and inserting in lieu thereof ``1012, 1013, or 1014''. (D) Section 1016 of such Act is amended by striking out ``or 1013(b)'' and inserting in lieu thereof ``, 1013(e), or 1014(b)''. (E) Section 1012(b) of such Act is amended by adding at the end thereof the following new sentence: ``The preceding sentence shall not apply to any item of budget authority proposed by the President to be rescinded under this section that the President has also proposed to rescind under section 1013 and with respect to which the 60-day period referred to in subsection (e) of such section has not expired.''. (3) The table of sections for subpart B of title X of the Congressional Budget and Impoundment Control Act of 1974 is amended-- (A) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (B) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. SEC. 3. APPLICATION. The amendments made by this section shall apply to items of budget authority (as defined in subsection (f)(1) of section 1013 of the Congressional Budget and Impoundment Control Act of 1974, as added by section 2 of this Act) provided by appropriation Acts (as defined in subsection (f)(3) of such section) that become law after the date of the enactment of this Act.

Line-Item Rescission Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted on the same calendar day the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal. Requires the item of budget authority proposed to be rescinded to be made available for obligation unless both Houses adopt the bill rescinding such item within 60 days.

[ 2, 0, 33038, 29, 5, 270, 7, 35, 36, 134, 43, 1701, 5, 1087, 50, 2660, 3547, 7, 28, 21961, 196, 223, 42, 1783, 4, 178, 36, 176, 43, 146, 24, 577, 7, 5, 1112, 13, 6077, 4, 46233, 5, 1112, 7, 1701, 10, 1087, 14, 16, 21961, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Medical Access Raising Test Scores Health Act'', or the ``SMARTS Health Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Journal of the American Medical Association reports that protecting children's health requires two key elements, which are (A) that a caring adult is engaged in the life of the child, and (B) that there is a connection between the child and his or her school. (2) Schools offer the most natural community setting in which individuals live, work, and play. Schools are a respected element of community infrastructure and are recognized as the most valuable element in creating connection and support for children, families, and communities. (3) Primary care and behavioral health services are among the most important elements of a comprehensive approach to promoting health and education and preventing illness in children and youth. (4) School safety and violence prevention are critical to the well-being of each student, and early intervention and mental health care significantly reduce school discipline problems. (5) Good health is a prerequisite for optimal learning, and schools can help students achieve academic success by participating in efforts that promote good health, including access to regular medical and mental health care. (6) Children are experiencing increasing rates of behavioral and physical illness, such as attention deficit hyperactivity disorder (ADHD) and asthma and diabetes, and are experiencing increasing rates of obesity that portend increasing rates of diabetes, heart disease, and cancer later in life. (7) In order to be effective, new strategies for prevention must be built on community-based, community-designed, and community-implemented strategies. (8) Effective behavioral and physical health services can be provided in a school-based setting in such a way as to prevent later disease. (9) Schools are ideal settings in which to provide care for children, especially those who would otherwise have inadequate access to health services. Limited access contributes directly to the growing rates of disease among children. Prevention strategies should be joined with treatment to develop an understanding of what types of prevention can reduce rates of illness, and therefore the need for treatment. Higher rates of disease, even with adequate access to health services, portend loss of vitality and higher complications from disease. (10) School-based health programs should focus on improving behavioral and physical health, including with respect to obesity. (11) By reducing the incidence of disease, effective community-based prevention programs (whether through school- based approaches or otherwise) result in significant savings to the Federal Government and to the States by reducing expenditures in Federal and State health services programs. Such savings should be dedicated to further prevention efforts, which in turn will result in further savings. Savings that result from prevention programs should not be redirected to unrelated purposes, and prevention programs that achieve savings should not be penalized by having their funding levels reduced. SEC. 3. DEMONSTRATION GRANTS FOR EXPANSION OF SCHOOL-BASED HEALTH PROGRAMS. (a) In General.-- (1) Program of grants.--The Secretary of Health and Human Services may make demonstration grants to eligible entities for the purpose of expanding school-based health programs that are operated by such entities. (2) Consultation.--The Secretary shall coordinate the program under this section with the program under title XIX of the Social Security Act (relating to Medicaid); the program under title XXI of such Act (relating to the State children's health insurance program); programs of the Substance Abuse and Mental Health Services Administration; programs of the Health Resources and Services Administration; programs of the Centers for Disease Control and Prevention; programs of the Agency for Healthcare Research and Quality; programs of the National Institutes of Health; and the National Center on Minority Health and Health Disparities. (b) Eligible Entities.--An entity is an eligible entity for purposes of this Act if-- (1) the entity is a public or nonprofit private institution of higher education or a local educational agency; (2) the entity operates a school-based health program; (3) the health services provided by such program include preventive health services and behavioral health services, including with respect to nutrition, physical activity, and otherwise preventing or treating obesity; and (4) such program is carried out in coordination with public and nonprofit private entities in the community involved that provide health, education, or social services to children. (c) Certain Programs.--Grants under subsection (a) shall be made only to the following entities (subject to the submission of an application in accordance with subsection (d) demonstrating status as an eligible entity), and for the following purposes: (1) To the University of Maryland for expanding the school- based health program operated by such University in the vicinity of Baltimore, in the State of Maryland. (2) To the local educational agency that operates a school- based health program in an independent school district in the vicinity of Dallas, in the State of Texas, for expanding such program. (3) To the University of New Mexico for expanding the school-based health program operated by such University in the State of New Mexico. (4) To the University of California, Los Angeles, for expanding the school-based health program operated by such University in the vicinity of Los Angeles, in the State of California. (5) To the Child Study Center Outpatient Clinic, Yale University, for expanding the school-based health program operated by such Center in the vicinity of New Haven, in the State of Connecticut. (6) To the University of Illinois at Chicago, for expanding the school-based health program operated by such University in the vicinity of Chicago, in the State of Illinois. (d) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the secretary determines to be necessary to carry out this section. (e) Outcome Goals.--In making a grant under subsection (a) for a school-based health program, the Secretary shall establish goals for the program in terms of health outcomes for the children served by the program. Such goals shall be based on the objectives established by the Secretary as part of the initiative known as Healthy People 2010, or on other measures determined by the Secretary to be appropriate. (f) Evaluations; Report.-- (1) Evaluations.--The Secretary, directly or through grants or contracts, shall provide for evaluations of the school-based programs for which grants under subsection (a) are made. Such evaluations shall determine whether the programs have met the applicable goals under subsection (e), and shall determine the extent to which the programs have increased the access of the children involved to health services, have enhanced the overall health status of the children, and have reduced disease rates. (2) Report.--Not later than December 31, 2004, the Secretary shall submit to the Congress a report that describes the findings made through evaluations under paragraph (1) and that provides the recommendations of the Secretary for a comprehensive national program to provide grants for the establishment and operation of school-based health programs, including a recommendation on the amount of funds that should be made available for the comprehensive national program, taking into account the savings that can be achieved in Federal and State health services programs by reducing the incidence of disease in the populations served by the program. (g) Definitions.-- (1) The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965. (2) The term ``local educational agency'' has the meaning given such term in section 9101(26) of the Elementary and Secondary Education Act of 1965. (3) The term ``Secretary'' means the Secretary of Health and Human Services. (h) 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 2003 through 2008.

Student Medical Access Raising Test Scores Health Act - SMARTS Health Act - Authorizes the Secretary of Health and Human Services to make demonstration grants to expand school-based health programs.Directs the Secretary to coordinate such grants program with other specified health programs.Limits the making of such grants to the following eligible entities, for expansion of the following school-based health programs: (1) the University of Maryland, for its program in the Baltimore, Maryland, vicinity; (2) the local educational agency for its program in an independent school district in the Dallas, Texas, vicinity; (3) the University of New Mexico for its program in New Mexico; (4) the University of California, Los Angeles, for its program in the Los Angeles, California, vicinity; (5) the Child Study Center Outpatient Clinic, Yale University, for its program in the New Haven, Connecticut, vicinity; and (6) the University of Illinois at Chicago, for its program in the Chicago, Illinois, vicinity.Directs the Secretary, in making such a grant, to establish goals for the program in terms of health outcomes for the children served.

[ 2, 0, 43541, 3067, 8076, 4833, 3009, 4500, 111, 46233, 5, 1863, 9, 1309, 8, 3861, 1820, 36, 725, 6391, 43, 7, 146, 9961, 7752, 7, 4973, 8866, 13, 5222, 334, 12, 805, 474, 1767, 14, 32, 1437, 50136, 6, 1437, 1437, 1437, 6, 50, ...

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Eliminating Health Disparities Act of 2017''. SEC. 2. HEALTH DISPARITIES ELIMINATION STATE PLAN OPTION. Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by adding at the end the following: ``SEC. 1947. HEALTH DISPARITIES ELIMINATION PROGRAM STATE PLAN OPTION. ``(a) In General.--Notwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(B) (relating to comparability), and any other provision of this title that the Secretary determines is necessary to waive in order to implement this section, beginning fiscal year 2018, a State, at its option as a State plan amendment, may establish a Health Disparities Elimination Program for purposes of reducing health disparities among targeted populations in communities served by qualified community health systems under which the State provides incentive payments to qualified community health systems for initiatives approved under subsection (c), if the State meets the requirements specified in subsection (c). ``(b) State Plan Amendment.--Each State seeking a State plan amendment under this section shall submit such amendment to the Secretary for approval. The Secretary shall approve any such amendment that meets the requirements of subsection (c) and includes-- ``(1) State goals for reducing health disparities through the Health Disparities Elimination Program to be established by the State; ``(2) any requirements for the development and approval of action plans described in subsection (c)(1); ``(3) eligibility criteria for any qualified community health system seeking to establish a health disparities elimination initiative (in this section referred to as an `initiative') pursuant to this section; ``(4) the methodology for determining the amount of incentive payments to be made to a qualified community health system through an initiative, based on the size of the target population to be served through the initiative and the potential of the initiative for reducing health disparities; and ``(5) the period during which initiatives may be implemented, in accordance with subsection (c)(3). ``(c) State Requirements.--The requirements specified in this subsection with respect to a State are the following: ``(1) Health system action plan.--The State shall require that a qualified community health system submit an action plan for an initiative to the State agency with responsibility for administering the State plan under this title for approval that identifies-- ``(A) the target population or populations to be served by the initiative; ``(B) specific, evidence-based projects that the system will undertake through the initiative to reduce health disparities for such population or populations; ``(C) targets and benchmarks associated with such projects that must be met in order to receive incentive payments pursuant to this section; ``(D) measures for evaluating the effectiveness of the initiative in reducing health disparities with respect to the goals established by the State pursuant to subsection (b)(1); and ``(E) the amount of any proposed initial incentive payments to be made pursuant to this section to support startup costs of the initiative. ``(2) Priority in selection of health systems for participation.--In selecting qualified community health systems to establish an initiative under a State plan amendment approved under this section, the State shall give priority to health systems-- ``(A) that have submitted action plans (under paragraph (1)) that include the use of evidence-based interventions shown to reduce or eliminate health disparities; ``(B) that demonstrate the potential to have a high impact in the elimination of health disparities, improved health care access, improved health outcomes, or health care savings compared to the total incentive funding requested; ``(C) that have prior experience working on projects with the goal of reducing health disparities; ``(D) that demonstrate long-term commitment to providing health services to the target population or populations; and ``(E) with a demonstrated need for additional financial resources in order to strengthen and advance existing efforts of the health system to reduce health disparities. ``(3) Duration of action plan.-- ``(A) In general.--The State may not approve an action plan submitted under paragraph (1) for a period exceeding 5 years. ``(B) Report.--At the end of any such period, the State shall require each participating qualified community health system to submit a report to the State describing the effectiveness of its initiative using the measures described in paragraph (1)(D). ``(C) Extension.--A State may extend the initiative of such health system upon approval of a new action plan to extend, improve, or expand the initiative, if the State determines that the initiative has proved effective, taking into account the report submitted under subparagraph (B). ``(d) State Report and Evaluation.-- ``(1) In general.--A State with a State plan amendment approved under this section shall submit to the Secretary, in a time and manner to be specified by the Secretary-- ``(A) an annual report on the progress of the Health Disparities Elimination Program of the State towards meeting the goals of the State described under subsection (b)(1); and ``(B) not less than once every 5 years, an evaluation of the effectiveness of the Health Disparities Elimination Program of the State. ``(2) Contents.--The evaluation described in paragraph (1)(B) shall include-- ``(A) an assessment of the effectiveness of initiatives receiving incentive payments pursuant to this section during the period covered by the report in meeting the goals of the State described under subsection (b)(1); and ``(B) a description of the activities of such initiatives. ``(3) Publication.--The Secretary shall publish on the public Web site of the Centers for Medicare & Medicaid Services each evaluation submitted under paragraph (1)(B). ``(e) Funding.-- ``(1) State funding.-- ``(A) In general.--For the purpose of making allocations to States under subparagraph (C), there is appropriated for fiscal year 2018 and each subsequent fiscal year, out of any money in the Treasury not otherwise appropriated, an amount equal to one half of one percent of the total of the Federal share of expenditures with respect to all State plans under this title in the most recent fiscal year for which complete expenditure data is available. ``(B) Incentive payment fund.--The Secretary shall deposit all funds appropriated under subparagraph (A) into an incentive payment fund. Such funds shall remain available until expended. ``(C) Allocation among states.--Of the total amount appropriated for this section for a fiscal year, the Secretary shall, except as provided in subparagraph (D), allocate for such fiscal year to each State an amount in proportion to the ratio of-- ``(i) the State's total expenditures under the State plan under this title in the most recent fiscal year for which complete expenditure data is available; to ``(ii) the sum of all States' total expenditures under all State plans under this title in the fiscal year described in clause (i). ``(D) Funds not used by the state.--If the Secretary determines, on the basis of information available on the first day of a fiscal year, that any allocation under subparagraph (C) to a State for such fiscal year will not be required because a State does not have a State plan amendment approved under subsection (b) for such fiscal year, then such State's allocation shall be treated as an unused allocation for such fiscal year and re-allocated in accordance with subparagraph (E)(i). ``(E) Qualifying states.-- ``(i) Re-allocation to qualifying states.-- In addition to the allocation available to a State under subparagraph (C), the Secretary shall allocate to each qualifying State for a fiscal year, out of the sum of unused allocations, as described in subparagraph (D), for such fiscal year, an amount in proportion to the ratio of-- ``(I) each such State's total expenditures under the State plan under this title in the most recent fiscal year for which complete expenditure data is available; to ``(II) the sum of all such States' total expenditures under all State plans of such States under this title in the fiscal year described in subclause (I). ``(ii) Availability of funds.--Allocations made to a qualifying State under clause (i) and subparagraph (C) shall remain available until expended. ``(iii) Definitions.--In this section, the term `qualifying State' means a State with a State plan amendment approved under this section that-- ``(I) has in effect an agreement with one or more qualified community health system initiatives; and ``(II) in any fiscal year other than the first fiscal year for which such State receives an allocation under subparagraph (C) that is not re- allocated under subparagraph (D), has a Health Disparities Elimination Program established under this section that, as determined by the Secretary, has made measurable progress towards meeting the State's goals, as described under subsection (b)(1), based on reports and evaluations submitted under subsection (d). ``(2) Payments.-- ``(A) In general.--Subject to the provisions of this section, the Secretary shall pay to each State with a State plan amendment approved under this section, from its allocation under paragraph (1)(C) and, in the case of a qualifying State, from its allocation under paragraph (1)(E)(i), an amount for each quarter equal to 90 percent of the sum expended by the State in such quarter for incentive payments made to qualified community health systems for initiatives approved pursuant to this section. ``(B) Status of incentive payments.--Incentive payments made under a State plan amendment approved under this section shall not be considered payment for health care items or services and shall not count towards any limit with respect to the maximum amount of payments that may be made to a provider under the State plan under this title (or under a waiver of such plan). ``(f) Definitions.--In this section: ``(1) The term `health disparity' means a disparity in care provided to a health disparity population, as defined in section 903(d) of the Public Health Service Act (42 U.S.C. 299a-1(d)). ``(2) The term `qualified community health system' means-- ``(A) a hospital described in a report submitted under section 1900(b)(6)(B)(ii)(III); or ``(B) an affiliated group of health care providers anchored by such hospital. ``(3) The term `State' means each of the several States and the District of Columbia. ``(4) The term `target population' means a population of individuals that has empirically experienced disparities in health care access and quality and shall not be limited by source of coverage or lack thereof.''.

Eliminating Health Disparities Act of 2017 This bill amends title XIX (Medicaid) of the Social Security Act to allow a state to establish a Health Disparities Elimination Program, through which the state shall provide incentive payments to qualified community health systems (i.e., hospitals or affiliated groups of health care providers) for approved initiatives to reduce health disparities. In selecting qualified community health systems for participation, a state shall give priority to those that: (1) have included, in their required action plans, the use of evidence-based interventions; (2) have had relevant prior experience; and (3) demonstrate a long-term commitment to serving the target populations, a need for additional financial resources, and the potential for high impact relative to the amount of funding requested. Federal funding for program support shall be allocated based on each state's share of total federal Medicaid expenditures.

[ 2, 0, 717, 10839, 15647, 1309, 6310, 5489, 2192, 1437, 50136, 26880, 9, 193, 111, 46233, 5, 1863, 9, 1309, 8, 3861, 1820, 7, 35, 36, 134, 43, 7244, 10, 194, 563, 8322, 7, 5, 3574, 2010, 1783, 36, 104, 3603, 43, 7, 1888, 474, 2...

SECTION 1. SAVINGS FROM STATE AUTHORIZED PUBLIC ENTITY HEALTH BENEFITS POOLS. The Patient Protection and Affordable Care Act (Public Law 111-148) is amended by inserting after section 1332 (42 U.S.C. 18052) the following new section (and inserting a corresponding item in the table of contents of the Act): ``SEC. 1332A. SAVINGS FROM STATE AUTHORIZED PUBLIC ENTITY BENEFITS POOLS. ``(a) Application.-- ``(1) In general.--A State authorized public entity health benefits pool (in this section referred to as a `pool') may apply to the Secretary for a pass through of funding described in subsection (b) with respect to health care benefits provided through that pool for coverage years beginning on or after January 1, 2014. ``(2) Approval of application.--The Secretary shall approve such an application of a pool if the Secretary determines that health care benefits provided through the pool-- ``(A) will provide coverage that is at least as comprehensive as the coverage defined in section 1302(b); ``(B) will provide coverage and cost sharing protections against excessive out-of-pocket spending that are at least as affordable as the provisions of this title would provide; and ``(C) will result in cost savings to the Federal Government because the cost of providing health care benefits to individuals through the pool will be less than the cost of providing health care benefits to such individuals had they become participants in a qualified health plan offered through an Exchange, and so the payment amount under subsection (b) will be less than the total of premium tax credits, cost-sharing reductions, or small business credits that would otherwise be required if individuals and small employers in the pool were instead participants in an Exchange. ``(3) Consideration.--Not later than 90 days after the date of the enactment of this section, the Secretary shall promulgate regulations relating to pass through of funding under this section. The Secretary shall begin accepting applications under this section no later than 180 days after such date of enactment. ``(4) Additional consequences of approval.--An individual receiving health care benefits through such a pool for which such an application is approved under this section shall be treated, for purposes of section 5000A of the Internal Revenue Code of 1986, as being covered under minimum essential coverage described in subsection (f)(1)(E) of such section. ``(b) Pass Through of Funding.-- ``(1) In general.--With respect to a pool application under subsection (a)(1), under which individuals and small employers in the pool would not qualify for the premium tax credits, cost-sharing reductions, or small business credits under sections 36B or 45R of the Internal Revenue Code of 1986 for which they would otherwise be eligible if they had entered an Exchange, the Secretary shall provide for an alternative means by which an aggregate amount determined under paragraph (2) shall be paid to the pool for purposes of implementing the application. ``(2) Payment determination.--The amount to be paid under paragraph (1) shall be determined-- ``(A) based on the sum of premium tax credits, cost-sharing reductions, and small business credits under sections 36B or 45R of the Internal Revenue Code of 1986 that would have been provided with respect to individuals in the pool had the health care benefits provided by the pool been a qualified health plan offered in an Exchange, but taking into account the lower cost of providing health care benefits to individuals through the pool; and ``(B) annually by the Secretary, taking into consideration the experience of individuals and small employers participating in Exchanges. ``(c) Timely Determination by Secretary.--The Secretary shall make a determination under subsection (a)(1) with respect to the application of a pool not later than 180 days after the date of receipt of such application, and shall notify the pool involved of such determination. ``(d) Definitions.--In this section: ``(1) The term `public entity' means a county, municipality, special district, school district, junior college district, housing authority, or other political subdivision or public entity defined under State law. ``(2) The term `State authorized public entity health benefits pool' means a risk pool authorized or permitted by State statute or otherwise regulated by a State agency under which-- ``(A) a public entity or group of public entities, directly or through a pool, provide health care benefits primarily for public entity officials, employees, and retirees and their dependents; and officials, employees, and retirees and dependents of affiliated service contractors of such public entities; and ``(B) such pool may provide health care benefits from the assets of the pool or its member public entities through any combination of self-funded arrangements or fully insured products. ``(3) The term `affiliated service contractor' means an organization that provides governmental or quasi-governmental services on behalf of a public entity when such contractor is eligible to obtain health care benefits through a state authorized public entity health benefits pool for its officials, employees, retirees and their dependents.''.

Amends the Patient Protection and Affordable Care Act (PPACA) to allow a state-authorized public entity benefits pool to apply to the Secretary of Health and Human Services (HHS) for pass-through funding with respect to health care benefits provided through the pool for coverage years beginning on or after January 1, 2014. Requires the Secretary to approve such a pool if the health care benefits provided through it will: (1) provide at least the essential health benefits, (2) provide coverage and cost-sharing protections against excessive out-of-pocket spending that are at least as affordable as the health insurance requirements of PPACA would provide, and (3) result in cost savings to the federal government because the cost of coverage through the pool is less than the cost of coverage through an exchange. Treats an individual covered under such a plan as having minimum essential coverage for purposes of the Internal Revenue Code. Requires the Secretary to provide for an alternative means by which an aggregate amount shall be paid to the pool annually based on the premium tax credits, cost-sharing reductions, and small business credits that would have been provided to an exchange plan. Gives the Secretary 180 days to make a determination on an application under this Act.

[ 2, 0, 49134, 5, 1863, 9, 1309, 8, 3861, 1820, 36, 725, 6391, 43, 7, 146, 10, 1323, 149, 9, 1435, 13, 10, 3716, 9, 474, 575, 1795, 13, 2172, 8, 650, 6334, 4, 46233, 5, 1863, 7, 694, 13, 41, 3626, 839, 1437, 7, 35, 36, 134, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Mammal Rescue Assistance Act of 1999''. SEC. 2. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. (a) In General.--Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371 et seq.) is amended-- (1) by redesignating sections 408 and 409 as sections 409 and 410, respectively; and (2) by inserting after section 407 the following: ``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. ``(a) In General.--(1) Subject to the availability of appropriations, the Secretary shall conduct a grant program to be known as the John H. Prescott Marine Mammal Rescue Assistance Grant Program, to provide grants to eligible stranding network participants for the recovery or treatment of marine mammals, the collection of data from living or dead marine mammals for scientific research regarding marine mammal health, and facility operation costs that are directly related to those purposes. ``(2)(A) The Secretary shall ensure that, to the greatest extent practicable, funds provided as grants under this subsection are distributed equitably among the designated stranding regions. ``(B) In determining priorities among such regions, the Secretary may consider-- ``(i) any episodic stranding or any mortality event other than an event described in section 410(6), that occurred in any region in the preceding year; and ``(ii) data regarding average annual strandings and mortality events per region. ``(b) Application.--To receive a grant under this section, a stranding network participant shall submit an application in such form and manner as the Secretary may prescribe. ``(c) Advisory Group.-- ``(1) In general.--The Secretary, in consultation with the Marine Mammal Commission, shall establish an advisory group in accordance with this subsection to advise the Secretary regarding the implementation of this section, including the award of grants under this section. ``(2) Membership.--The advisory group shall consist of a representative from each of the designated stranding regions and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science regarding stranded marine mammals. ``(3) Public participation.-- ``(A) Meetings.--The advisory group shall-- ``(i) ensure that each meeting of the advisory group is open to the public; and ``(ii) provide, at each meeting of the advisory group, an opportunity for interested persons to present oral or written statements concerning items on the agenda for the meeting. ``(B) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group. ``(C) Minutes.--The Secretary shall keep and make available to the public minutes of each meeting of the advisory group. ``(4) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the establishment and activities of an advisory group in accordance with this subsection. ``(d) Limitation.--The amount of a grant under this section shall not exceed $100,000. ``(e) Matching Requirement.-- ``(1) In general.--The non-Federal share of the costs of an activity conducted with a grant under this section shall be 25 percent of such costs. ``(2) In-kind contributions.--The Secretary may apply to the non-Federal share of an activity conducted with a grant under this section the amount of funds, and the fair market value of property and services, provided by non-Federal sources and used for the activity. ``(f) Administrative Expenses.--Of amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent to pay the administrative expenses necessary to carry out this section. ``(g) Definitions.--In this section: ``(1) Designated stranding region.--The term `designated stranding region' means a geographic region designated by the Secretary for purposes of administration of this title. ``(2) Secretary.--The term `Secretary' has the meaning given that term in section 3(12)(A). ``(h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2001 through 2003, to remain available until expended.''. (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting ``(other than section 408)'' after ``title IV''. (c) Clerical Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended by striking the items relating to sections 408 and 409 and inserting the following: ``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant Program. ``Sec. 409. Authorization of appropriations. ``Sec. 410. Definitions.''. Passed the House of Representatives September 27, 1999. Attest: JEFF TRANDAHL, Clerk.

Marine Mammal Rescue Assistance Act of 1999 - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program to provide assistance to eligible stranding network participants for: (1) marine mammal rescue and treatment; (2) data collection from living or dead marine mammals; and (3) facilities operation. Directs the Secretary to establish a related advisory group. Caps grants at $100,000. Require s a 25 percent non-Federal matching amount, which may be in-kind contributions. Authorizes FY 2001 through 2003 appropriations.

[ 2, 0, 10169, 833, 29838, 337, 8801, 19418, 1783, 9, 1437, 49820, 10172, 10172, 12, 44733, 36, 1549, 121, 4, 104, 4, 347, 4, 508, 5339, 4400, 48652, 1592, 111, 1918, 8845, 5, 6144, 29838, 337, 5922, 1783, 7, 2703, 5, 1863, 9, 5, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Caregiver Support and Protection Act of 1996''. SEC. 2. COVERAGE OF RESPITE CARE SERVICES UNDER MEDICARE. (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (N); (2) by striking ``and'' at the end of subparagraph (O); and (3) by inserting after subparagraph (O) the following new subparagraph: ``(P) respite care services (as defined in subsection (oo)); and''. (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Respite Care Services ``(oo)(1)(A) Subject to subparagraph (C), the term `respite care services' means any of the services described in subparagraph (B) which are furnished to an eligible individual (as described in paragraph (2)) for the support of a caregiver described in paragraph (2) at the individual's home or in the community on a short-term, intermittent, or emergency basis by an individual or entity who meets such standards as the Secretary may establish. ``(B) The services described in this subparagraph are as follows: ``(i) Companion services. ``(ii) Homemaker services. ``(iii) Personal assistance. ``(iv) Community day services. ``(v) Temporary care in an accredited or licensed residential facility. ``(C) In establishing standards pursuant to subparagraph (A) for individuals and entities providing respite care services, the Secretary shall consult with organizations representing providers of the services described in such paragraph and organizations representing individuals who typically receive such services. ``(D) The term `respite care services' does not include any services furnished to an individual during a 12-month period after the individual has been furnished 120 hours of such services during such period. ``(2) An `eligible individual' described in this paragraph is an individual with functional limitations (as described in paragraph (3)) who is dependent on a daily basis on a caregiver who-- ``(A) has primary responsibility for providing care to the individual; ``(B) does not receive financial remuneration for providing such care; and ``(C) has provided such care for a period of not less than 3 consecutive months. ``(3)(A) In paragraph (2), an `individual with functional limitations' is an individual who is certified (in accordance with such criteria as the Secretary may establish consistent with subparagraph (C)) as-- ``(i) being unable to perform without substantial assistance from another individual (including assistance involving verbal reminding or physical cueing) at least 2 of the activities of daily living described in subparagraph (B) for a period of at least 90 days due to a loss of functional capacity or to cognitive or other mental impairment; ``(ii) requiring substantial supervision to protect the individual from threats to the individual's health or safety due to substantial cognitive or other mental impairment; or ``(iii) having a level of disability similar (as determined by the Secretary) to the level of disability described in clause (i) or (ii). ``(B) The activities of daily living described in this subparagraph are as follows: ``(i) Eating. ``(ii) Toileting. ``(iii) Transferring. ``(iv) Bathing. ``(v) Dressing. ``(vi) Continence. ``(C) In establishing criteria pursuant to subparagraph (A) for the certification of individuals with functional limitations, the Secretary may not require that such certification be performed only by a physician.''. (c) Payment on Hourly Basis.--Section 1833 of such Act (42 U.S.C. 1395l) is amended by inserting after subsection (o) the following new subsection: ``(p) Payment for respite care services shall be paid on the basis of an hour of such services provided.''. (d) Conforming Amendment.--Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-- (1) by striking ``or'' at the end of paragraph (14); (2) by striking the period at the end of paragraph (15) and inserting ``; or''; and (3) by inserting after paragraph (15) the following new paragraph: ``(16) in the case of respite care services, which are furnished to an individual during a 12-month period after the individual has been furnished 120 hours of such services during such period.''. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 1997. SEC. 3. TREATMENT OF LONG-TERM CARE SERVICES AS MEDICAL CARE. (a) General Rule.--Paragraph (1) of section 213(d) (defining medical care) is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(D) for qualified long-term care services (as defined in subsection (f)).'' (b) Definition of Qualified Long-Term Care Services.--Section 213 of such Code is amended by adding at the end the following new subsection: ``(f) Qualified Long-Term Care Services.--For purposes of this section-- ``(1) In general.--The term `qualified long-term care services' means necessary diagnostic, preventive, therapeutic, curing, treating, mitigating, and rehabilitative services, and maintenance or personal care services, which-- ``(A) are required by a chronically ill individual, and ``(B) are provided pursuant to a plan of care prescribed by a licensed health care practitioner. ``(2) Chronically ill individual.-- ``(A) In general.--The term `chronically ill individual' means any individual who has been certified by a licensed health care practitioner as-- ``(i) being unable to perform (without substantial assistance from another individual) at least 2 activities of daily living for a period of at least 90 days due to a loss of functional capacity or to cognitive impairment, ``(ii) requiring substantial supervision to protect such individual from threats to health or safety due to substantial cognitive impairment, or ``(iii) having a level of disability similar (as determined by the Secretary in consultation with the Secretary of Health and Human Services) to the level of disability described in clause (i) or (ii). Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the preceding 12-month period a licensed health care practitioner has certified that such individual meets such requirements. ``(B) Activities of daily living.--For purposes of subparagraph (A), each of the following is an activity of daily living: ``(i) Eating. ``(ii) Toileting. ``(iii) Transferring. ``(iv) Bathing. ``(v) Dressing. ``(vi) Continence. ``(C) Substantial assistance.--For purposes of subparagraph (A)(i), the term `substantial assistance' includes verbal reminding or physical cuing. ``(3) Maintenance or personal care services.--The term `maintenance or personal care services' means any care the primary purpose of which is the provision of needed assistance with any of the disabilities as a result of which the individual is a chronically ill individual (including the protection from threats to health and safety due to severe cognitive impairment). ``(4) Licensed health care practitioner.--The term `licensed health care practitioner' means any physician (as defined in section 1861(r)(1) of the Social Security Act) and any registered professional nurse, licensed social worker, or other individual who meets such requirements as may be prescribed by the Secretary.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Family Caregiver Support and Protection Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of respite care services, paid for on an hourly basis, under Medicare part B (Supplementary Medical Insurance). Amends the Internal Revenue Code to treat qualified long-term care services as deductible medical care expenses.

[ 2, 0, 27818, 3800, 571, 8538, 7737, 8, 1437, 50136, 41377, 20970, 1783, 9, 8008, 111, 1918, 8845, 5, 3574, 2010, 1783, 7, 694, 13, 35, 36, 134, 43, 5, 6397, 9, 956, 3485, 7, 10, 37913, 4812, 1736, 4, 178, 36, 176, 43, 5, 7404,...

SECTION 1. SHORT TITLE. This Act may be cited as the ``High Performance Schools Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) American K-12 schools spend over $6 billion annually on energy costs which is more than is spent on books and computers combined. (2) Educators teach and students learn best in an environment that is comfortable, healthy, naturally lit where possible, and in good repair and studies have indicated that student achievement is greater and attendance higher when those conditions are met. (3) Over half of our nation's K-12 schools are more than 40 years old and in need of renovation to reach such standard of efficiency and comfort and 6,000 new schools will be required over the next 10 years to accommodate the growing number of students. (4) Inadequate ventilation in school buildings, poor lighting and acoustical quality, and uncomfortable temperatures can diminish students' capacity to concentrate and excel. (5) Inefficient use of water, either in consumption or from poorly maintained systems, is prevalent in older schools. (6) Using a whole building approach in the design of new schools and the renovation of existing schools--considering how materials, systems, and products connect and overlap and also how a school is integrated on its site and within the surrounding community--will result in high performance school buildings. (7) Adoption of whole building concepts has been shown to result in dramatic improvements in student and teacher performance. (8) Adopting a whole building approach usually results in a lower life-cycle cost for the school building than for a conventionally designed and built building. (9) Systematic use of energy conservation in school construction and renovation projects can save at least one quarter of current energy costs, leaving more money for teachers and educational materials. (10) The use of renewable energy sources such as daylighting, passive solar heating, photovoltaics, wind, geothermal, hydropower, and biomass power in a building already designed to be low-energy can help meet the building's energy needs without added emissions. (11) Using environmentally preferable products and providing for adequate supplies of fresh air will improve indoor air quality and provide healthful school buildings. (12) Most school districts do not have the knowledge of cutting-edge design and technologies to implement optimum efficiency into new school construction or into school renovations. (13) Congress is currently considering legislation that will help school districts build new schools and renovate existing schools. (b) Purpose.--It is the purpose of this Act to assist school districts in the production of high performance elementary and secondary school buildings that are healthful, productive, energy efficient, and environmentally sound. SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION. (a) Establishment.--There is established in the Department of Education the High Performance Schools Program (hereafter in this Act referred to as the ``Program''). (b) In General.--The Secretary of Education may, through the Program, make grants-- (1) to be provided to school districts to implement the purpose of this Act; (2) to administer the program of assistance to school districts pursuant to this Act; and (3) to promote participation by school districts in the program established by this Act. (c) Grants to Assist School Districts.--Grants under subsection (b)(1) shall be used to achieve energy efficiency performance not less than 30 percent beyond the levels prescribed in the 1998 International Energy Conservation Code as it is in effect for new construction and existing buildings. Grants under such subsection shall be made to school districts that-- (1) have demonstrated a need for such grants in order to respond appropriately to increasing elementary and secondary school enrollments or to make major investments in renovation of school facilities; (2) have demonstrated that the districts do not have adequate funds to respond appropriately to such enrollments or achieve such investments without assistance; and (3) have made a commitment to use the grant funds to develop high performance school buildings in accordance with the plan developed and approved pursuant to subsection (e)(1). (d) Other Grants.-- (1) Grants for administration.--Grants under subsection (b)(2) shall be used to evaluate compliance by school districts with requirements of this Act and in addition may be used for-- (A) distributing information and materials to clearly define and promote the development of high performance school buildings for both new and existing facilities; (B) organizing and conducting programs for school board members, school district personnel, architects, engineers, and others to advance the concepts of high performance school buildings; (C) obtaining technical services and assistance in planning and designing high performance school buildings; and (D) collecting and monitoring data and information pertaining to the high performance school building projects. (2) Grants to promote participation.--Grants under subsection (b)(3) may be used for promotional and marketing activities, including facilitating private and public financing, promoting the use of energy service companies, working with school administrations, students, and communities, and coordinating public benefit programs. (e) Implementation.-- (1) Plans.--Grants under subsection (b) shall be provided only to school districts that, in consultation with State offices of energy and education, have developed plans that the State agency designated by the Governor of the State determines to be feasible and appropriate in order to the achieve the purposes for which such grants were made. (2) Supplementing grant funds.--The State agency referred to in paragraph (1) shall encourage qualifying school districts to supplement their grant funds with funds from other sources in the implementation of their plans. SEC. 4. ALLOCATION OF FUNDS. (a) Governors.--Except as provided in subsection (c), funds appropriated for the implementation of this Act shall be provided to the Governors of the States. Each Governor shall determine the appropriate State agency to administer the program of assistance to school districts under this Act. (b) Purposes.--Except as provided in subsection (c), funds appropriated under section 5 shall be allocated as follows: (1) Seventy percent shall be used to make grants under section 3(b)(1). (2) Fifteen percent shall be used to make grants under section 3(b)(2). (3) Fifteen percent shall be used to make grants under section 3(b)(3). (c) Other Funds.--The Secretary of Education may, through the Program established under section 3(a), retain an amount, not to exceed $300,000 per year, to assist State agencies designated by the Governor in coordinating and implementing such Program. Such funds may be used to develop reference materials to further define the principles and criteria to achieve high performance school buildings. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. For grants under section 3(b) there are authorized to be appropriated $200,000,000 for fiscal year 2001, $210,000,000 for fiscal year 2002, $220,000,000 for fiscal year 2003, $230,000,000 for fiscal year 2004, and such sums as may be necessary for each of the subsequent 6 fiscal years. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Elementary and secondary school.--The term ``elementary school'' and ``secondary school'' shall have the same meaning given such terms in paragraphs (14) and (25) of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(14),(25)). (2) High performance school building.--The term ``high performance school building'' refers to a school building which, in its design, construction, operation, and maintenance maximizes use of renewable energy and energy conservation practices, is cost-effective on a life-cycle basis, uses affordable, environmentally preferable, durable materials, enhances indoor environmental quality, protects and conserves water, and optimizes site potential. (3) Renewable energy.--The term ``renewable energy'' means energy produced by solar, wind, geothermal, hydropower, and biomass power.

(Sec. 3) Authorizes the Secretary of Education to make grants, through the Program, for: (1) assisting school districts to implement this Act's purpose; (2) administering the program of assistance to school districts under this Act; and (3) promoting participation by school districts in the Program. Requires grants to assist school districts to be used to achieve energy efficiency performance not less than 30 percent beyond the levels prescribed in the 1998 International Energy Conservation Code as it is in effect for new construction and existing buildings. Requires such grants to be made to school districts that: (1) need to respond appropriately to increasing elementary and secondary school enrollments or to make major investments in renovation of school facilities; (2) do not have adequate funds to do so without such assistance; and (3) are committed to using grant funds to develop high performance school buildings in accordance with an approved plan. Requires grants for administration to be used to evaluate compliance by school districts with requirements of this Act. Allows such grants also to be used to: (1) distribute information and materials to define and promote development of high performance school buildings for new and existing facilities; (2) organize and conduct programs for school board members, school district personnel, architects, engineers, and others to advance the concepts of such buildings; (3) obtain technical services and assistance in planning and designing such buildings; and (4) collect and monitor data and information pertaining to such building projects. Allows grants to promote participation to be used for promotional and marketing activities, including facilitating private and public financing, promoting the use of energy service companies, working with school administrations, students, and communities, and coordinating public benefit programs. Allows grants under this Act to be provided only to school districts that have developed plans that the State agency designated by the Governor of the State determines to be feasible and appropriate. Requires such State agency to encourage qualifying school districts to supplement their grant funds with funds from other sources in the implementation of their plans. (Sec. 4) Requires funds appropriated for the implementation of this Act, with the exception of certain reserved funds, to be provided to the Governors of the States. Directs each Governor to determine the appropriate State agency to administer the program of assistance to school districts. Allocates such funds as follows: (1) 70 percent for grants to assist school districts; (2) 15 percent for grants for administration; and (3) 15 percent for grants to promote participation. Authorizes the Secretary of Education to retain, through the Program, a limited annual amount to assist State agencies designated by the Governor in coordinating and implementing such Program. Allows funds to be used to develop reference materials to further define the principles and criteria to achieve high performance school buildings. (Sec. 5) Authorizes appropriations.

[ 2, 0, 18522, 10193, 7101, 1783, 9, 1437, 50136, 1437, 1437, 1437, 36, 37446, 43, 111, 46233, 5, 1863, 9, 3061, 7, 146, 7752, 7, 334, 5117, 14, 33, 2226, 708, 7, 35, 36, 134, 43, 5731, 5, 1437, 50132, 48686, 1437, 1437, 2537, 143...

SECTION 1. PRE-DECISIONAL ADMINISTRATIVE REVIEW PROCESS FOR FOREST SERVICE ACTIONS IMPLEMENTING LAND AND RESOURCE MANAGEMENT PLANS. (a) Replacement of Current Administrative Appeals Process.--Section 322 of Public Law 102-381 (16 U.S.C. 1612 note) is amended by striking subsections (c), (d), and (e) and inserting the following new subsections: ``(c) Pre-Decisional Administrative Review Process for Certain Forest Service Actions.-- ``(1) Establishment as sole means for administrative review.--The Secretary shall establish by regulation a pre- decisional administrative review process that will serve as the sole means by which a person can seek administrative review regarding proposed actions referred to in subsection (a). ``(2) Review period.--The pre-decisional administrative review process for a proposed action referred to in subsection (a) shall occur during the period-- ``(A) beginning after the completion of the environmental assessment or environmental impact statement prepared for the action; and ``(B) ending not later than the date of the issuance of the final decision approving the action. ``(3) Eligibility.--To be eligible to participate in the pre-decisional administrative review process for a proposed action referred to in subsection (a), a person shall submit to the Secretary, during scoping or the public comment period for the draft environmental analysis for the action, specific written comments that relate to the proposed action. ``(4) Notice of proposed decision.--Following the conclusion of the pre-decisional administrative review process for a proposed action referred to in subsection (a), the Secretary shall provide notice of, and distribute, the proposed decision along with the final environmental assessment or environmental impact statement. ``(d) Emergency Situations.-- ``(1) Exemption from pre-decisional administrative review process.--Subject to paragraphs (2) and (3), if the Chief of the Forest Service determines that an emergency situation exists for which immediate implementation of a proposed action referred to in subsection (a) is necessary, the proposed action shall not be subject the pre-decisional administrative review process in subsection (c). ``(2) Notice; post-decisional objection process.--In the case of an action exempted under paragraph (1), the Forest Service shall-- ``(A) provide notice of the final decision for the proposed action; and ``(B) provide for an expedited post-decisional review process. ``(3) Implementation.--The Forest Service may implement an action exempted under paragraph (1) immediately after notice is provided under paragraph (2)(A) and continue such implementation during the post-decisional administrative review process. ``(e) Efforts To Expedite Judicial Review.--Subsections (b) and (c)(3) of section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516) shall apply with respect to-- ``(1) the judicial review of an action challenging an action referred to in subsection (a); and ``(2) any request for an injunction regarding such an action. ``(f) Relationship to Other Authorities.--This section does not apply to-- ``(1) an authorized hazardous fuel reduction project under title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.), which has its own special administrative review process under section 105 of such Act (16 U.S.C. 6515); and ``(2) a proposed action referred to in subsection (a) for which a categorically exclusion is provided. ``(g) Short Title.--This section may be cited as the `Forest Service Administrative Review Act'.''. (b) Technical Corrections.--Section 322 of Public Law 102-381 (16 U.S.C. 1612 note) is further amended-- (1) in subsection (a), by striking ``(16 U.S.C. 1601 et seq.)'' and inserting ``(16 U.S.C. 1600 et seq.)''; and (2) in subsection (b)-- (A) by striking ``Secretary'' both places it appears and inserting ``Forest Service''; and (B) by striking the comma at the end of paragraph (1)(A). (c) Effective Date and Interim Process.-- (1) Effective date.--Subject to paragraph (3), the pre- decisional administrative review process required by subsection (c) of section 322 of Public Law 102-381 (16 U.S.C. 1612 note), as added by subsection (a), shall take effect upon the issuance of final regulations by the Secretary of Agriculture establishing the process. (2) Interim process.--Pending issuance of the final regulations, the Secretary shall apply-- (A) the regulations in part 215, title 36, Code of Federal Regulations that implement the notice and comment provisions in subsections (a) and (b) of section 322 of Public Law 102-381; and (B) the regulations in part 218, title 36, Code of Federal Regulations, to provide the pre-decisional administrative review process under subsection (c) of section 322 of Public Law 102-381, except that subsection (c)(5) of such section shall apply to require notice and distribution of proposed decisions. (3) Transition.--Upon issuance of the final regulations, the Secretary shall no longer apply the regulations in part 215, title 36, Code of Federal Regulations, that implement subsections (c), (d), and (e) of section 322 of Public Law 102- 381, as in effect on the day before the date of enactment of this Act, except with respect to a decision which was, or could have been, appealed under such part on the day before the date of the issuance of the final regulations.

Forest Service Administrative Review Act - Directs the Secretary of Agriculture (USDA), through the Forest Service, to establish a pre-decisional administrative review process that will serve as the sole means by which persons can seek an administrative review regarding proposed actions of the Forest Service concerning projects and activities that implement land and resource management plans developed under the Forest and Rangeland Renewable Resources Planning Act of 1974. Sets forth requirements for the pre-decisional administrative review process concerning the occurrence of the review period, eligibility of a participant in the process, and notice of the proposed decision. Exempts from such process an emergency situation that exists for which immediate implementation of a proposed action is necessary. Applies certain judicial review provisions of the Healthy Forests Restoration Act of 2003 with respect to: (1) the judicial review of an action challenging a proposed action under this Act, and (2) any request for an injunction regarding such an action. Makes this Act non-applicable to: (1) an authorized hazardous fuel reduction project under such Act that has its own special administrative review process, and (2) a proposed action under this Act for which a categorical exclusion is provided.

[ 2, 0, 49134, 5, 1863, 9, 8004, 7, 5242, 30, 5746, 10, 1198, 12, 11127, 10699, 337, 6833, 1551, 609, 14, 40, 1807, 25, 5, 6922, 839, 30, 61, 10, 621, 64, 2639, 6833, 1551, 9, 215, 2163, 4, 46233, 5, 1863, 7, 35, 36, 134, 43, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Political Broadcasting Access Act of 1993''. SEC. 2. ALLOCATION TO POLITICAL PARTIES OF FREE BROADCAST TIME FOR POLITICAL ADVERTISING. (a) Condition of License Renewal.--Section 309(h) of the Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting before the period at the end thereof the following: ``; and (4) every broadcast station license issued under this Act shall be subject to the free broadcast time obligations imposed by section 315(c)''. (b) Free-Time Obligations.--Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c)(1) Each license for a broadcasting station shall annually make available free broadcast time for political advertising in accordance with the requirements of this subsection. The Commission shall not renew the license of any licensee who substantially fails or refuses to comply with the requirements of this subsection, but such licensee shall not be subject to any other sanction or remedy for such failure or refusal. ``(2) A licensee subject to this subsection shall allot free broadcast time to each qualified political party in accordance with the following standards: ``(A) Such licensee shall allot an equal amount, but not less than 2 hours, of free broadcast time annually to-- ``(i) the national organization of each qualified political party; and ``(ii) the State organization of each qualified political party of the State within which the preponderance of the station's audience resides. ``(B) The 2 or more hours of free broadcast time allotted to any organization under subparagraph (A) shall be composed of units of varying lengths of not more than 5 minutes nor less than 10 seconds, as determined by negotiation between such organization and the licensee. ``(C) The broadcast time allotted by any licensee shall be allotted so that-- ``(i) at least one-half is broadcast during the hours of 7 to 10 p.m. on weekdays; ``(ii) during any even numbered year, at least two- thirds is broadcast during the two months immediately preceding election day and at least one-half is broadcast during the three weeks immediately preceding election day; ``(iii) each national organization of a qualified political party is allotted free broadcast time that is comparable, by time of day and day of week, to the time allotted to other such national organizations, and each State organization of a qualified political party is allotted free broadcast time that is comparable, by time of day and day of week, to the time allotted to other such State organizations. ``(3) A political party shall be treated as a qualified political party for purposes of paragraph (2)(A) if the candidate for President of such party in the most recent presidential election received more than 5 percent of the total number of votes cast by individuals for that office, except that, in the case of any political party whose candidate (as described in subparagraph (A) or (B)) received less than 33\1/3\ percent of such total votes, the amount of free broadcast time required to be allotted under clause (i) or (ii) of paragraph (2)(A) shall be reduced by 0.4 hours for each percent of such vote received that is less than 33\1/3\ percent. ``(4) A licensee allots free broadcast time as required by this subsection by broadcasting the statements, presentations, announcements, or other sounds or visual images requested to be broadcast by a political organization without remuneration or compensation in any form, whether by public or private funds, tax deduction or credit, or otherwise. ``(5) Nothing in this subsection, and no use of free broadcast time allotted under this subsection, shall be construed to restrict or otherwise affect the purchase of advertising time under subsection (b) of this section.''. SEC. 3. FREE CABLE TIME. Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) A cable operator shall annually make available free cable time for political advertising in accordance with the requirements of regulations prescribed by the Commission. Such regulations shall, to the extent practicable, require each such cable operator to provide such free cable time in the same amounts and manner, to the same eligible political organizations, and subject to the same conditions as free broadcast time is required to be provided by broadcast station licensees under section 315(c) of this Act. No franchise authority shall renew the franchise of any cable operator that fails to comply with such regulations, but such operator shall not be subject to any other sanction or remedy for such failure or refusal.''.

Political Broadcasting Access Act of 1993 - Amends the Communications Act of 1934 to require each licensee for a broadcasting station to make available annually free broadcast time for political advertising. Provides standards for time allotment, including total time to be allotted, the length of each unit of such free time, and the hours of the day and the time of the year in which such free time must be allowed. Requires national political parties meeting certain minimum qualifying standards to be treated equally for purposes of such allotment. Provides that nothing in this Act shall restrict a candidate's or party's right to purchase other broadcast time on such station. Requires a cable operator to make available annually free cable time for political advertising under similar requirements. Prohibits the renewal of a franchise of any cable operator that fails to comply with such requirements.

[ 2, 0, 39548, 13610, 8076, 1783, 9, 1437, 50127, 41655, 111, 1918, 8845, 5, 6076, 1783, 7, 2703, 10, 43833, 7, 6333, 29887, 481, 2308, 86, 7, 349, 6048, 559, 537, 4, 46233, 10, 43833, 9, 10, 16687, 1992, 7, 35, 36, 134, 43, 146, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antiboycott Act''. SEC. 2. ANTIBOYCOTT PROVISIONS. (a) Findings.--The Congress finds that-- (1) the Arab League boycott of Israel, and the secondary boycott of United States firms that have commercial ties with Israel, are an impediment to investment, trade, economic development, and peace in the Middle East and North Africa; (2) it is in the common interest of the people of Israel and the Arab states that the Arab League boycott be terminated, that the Central Office for the Boycott of Israel be closed, and that Arab League states normalize relations with their neighbor Israel; and (3) the President, the Secretary of State, and the Secretary of Commerce should continue to vigorously oppose the Arab League boycott of Israel and use the authorities enacted into law by Congress to take concrete steps to seek an end to the Arab League boycott. (b) Policy.--It is the policy of the United States-- (1) to oppose restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries friendly to the United States or against any United States person; (2) to encourage and, in specified cases, require United States persons engaged in the export of goods or technology or other information to refuse to take actions, including furnishing information or entering into or implementing agreements, which have the effect of furthering or supporting the restrictive trade practices or boycotts fostered or imposed by any foreign country against a country friendly to the United States or against any United States person; and (3) to foster international cooperation and the development of international rules and institutions to assure reasonable access to world supplies. (c) Prohibitions and Exceptions.-- (1) Prohibitions.--In order to carry out the purposes set forth in subsection (b), the Secretary of Commerce (in this Act referred to as the ``Secretary'') shall issue regulations prohibiting any United States person, with respect to that person's activities in the interstate or foreign commerce of the United States, from taking or knowingly agreeing to take any of the following actions with intent to comply with, further, or support any boycott fostered or imposed by a foreign country against a country that is friendly to the United States and is not itself the object of any form of boycott pursuant to United States law or regulation: (A) Refusing, or requiring any other person to refuse, to do business with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, pursuant to an agreement with, or requirement of, or a request from or on behalf of the boycotting country. The mere absence of a business relationship with or in the boycotted country with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, does not indicate the existence of the intent required to establish a violation of regulations issued to carry out this subparagraph. (B) Refusing, or requiring any other person to refuse, to employ or otherwise discriminate against any United States person on the basis of the race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person. (C) Furnishing information with respect to the race, religion, sex, or national origin of any United States person or of any owner, officer, director, or employee of such person. (D) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person which is known or believed to be restricted from having any business relationship with or in the boycotting country. Nothing in this subparagraph shall prohibit the furnishing of normal business information in a commercial context as defined by the Secretary. (E) Furnishing information about whether any person is a member of, has made a contribution to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization that supports the boycotted country. (F) Paying, honoring, confirming, or otherwise implementing a letter of credit that contains any condition or requirement the compliance with which is prohibited by regulations issued pursuant to this paragraph, and no United States person shall, as a result of the application of this paragraph, be obligated to pay or otherwise honor or implement such letter of credit. (2) Exceptions.--Regulations issued pursuant to paragraph (1) may provide exceptions for-- (A) compliance, or agreement to comply, with requirements-- (i) prohibiting the import of items from the boycotted country or items produced or provided, by any business concern organized under the laws of the boycotted country or by nationals or residents of the boycotted country; or (ii) prohibiting the shipment of items to the boycotting country on a carrier of the boycotted country or by a route other than that prescribed by the boycotting country or the recipient of the shipment; (B) compliance, or agreement to comply, with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment, or the name of the provider of other services, except that, for purposes of applying any exception under this subparagraph, no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipment as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation; (C) compliance, or agreement to comply, in the normal course of business with the unilateral and specific selection by a boycotting country, or a national or resident thereof, of carriers, insurers, suppliers of services to be performed within the boycotting country, or specific items which, in the normal course of business, are identifiable by source when imported into the boycotting country; (D) compliance, or agreement to comply, with export requirements of the boycotting country relating to shipment or transshipment of exports to the boycotted country, to any business concern of or organized under the laws of the boycotted country, or to any national or resident of the boycotted country; (E) compliance by an individual, or agreement by an individual to comply, with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and (F) compliance by a United States person resident in a foreign country, or agreement by such a person to comply, with the laws of the country with respect to the person's activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of the foreign country governing imports into such country of trademarked, trade-named, or similarly specifically identifiable products, or components of products for such person's own use, including the performance of contractual services within that country. (3) Limitation on exceptions.--Regulations issued pursuant to paragraphs (2)(C) and (2)(F) shall not provide exceptions from paragraphs (1)(B) and (1)(C). (4) Antitrust and civil rights laws not affected.--Nothing in this subsection may be construed to supersede or limit the operation of the antitrust or civil rights laws of the United States. (5) Evasion.--This section applies to any transaction or activity undertaken by or through a United States person or any other person with intent to evade the provisions of this section or the regulations issued pursuant to this subsection. The regulations issued pursuant to this section shall expressly provide that the exceptions set forth in paragraph (2) do not permit activities or agreements (expressed or implied by a course of conduct, including a pattern of responses) otherwise prohibited, which are not within the intent of such exceptions. (d) Reports.-- (1) In general.--Regulations issued under this section shall require that any United States person receiving a request to furnish information, enter into or implement an agreement, or take any other action referred to in subsection (c) shall report that request to the Secretary, together with any other information concerning the request that the Secretary determines appropriate. The person shall also submit to the Secretary a statement regarding whether the person intends to comply, and whether the person has complied, with the request. (2) Public availability of reports.--Any report filed pursuant to this subsection shall be made available promptly for public inspection and copying, except that information regarding the quantity, description, and value of any item to which such report relates may be kept confidential if the Secretary determines that disclosure of that information would place the United States person involved at a competitive disadvantage. (3) Summaries to secretary of state.--The Secretary shall periodically transmit summaries of the information contained in the reports filed pursuant to this subsection to the Secretary of State for such action as the Secretary of State, in consultation with the Secretary, considers appropriate to carry out the purposes set forth in subsection (b). (e) Preemption.--The provisions of this section and the regulations issued under this section shall preempt any law, rule, or regulation that-- (1) is a law, rule, or regulation of any of the several States or the District of Columbia, or any of the territories or possessions of the United States, or of any governmental subdivision thereof; and (2) pertains to participation in, compliance with, implementation of, or the furnishing of information regarding restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries. (f) Penalties.-- (1) Unlawful acts.--It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of this section or of any regulation or order issued under this section. (2) Criminal penalty.--A person who, with knowledge or intent, commits, attempts to commit, or conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (c) shall, upon conviction, be fined not more than $1,000,000, or, if a natural person, be imprisoned for not more than 20 years, or both. (3) Civil penalties.-- (A) Authority.--The President may impose the following civil penalties on a person for each violation by that person of this section or any regulation or order issued under this section, for each violation: (i) A fine of not more than $250,000. (ii) A prohibition on the person's ability to export any goods, technology, or services, whether or not a license has been issued previously to authorize such an export. (B) Procedures.--Any civil penalty under this subsection may be imposed only after notice and opportunity for an agency hearing on the record in accordance with sections 554 through 557 of title 5, United States Code, and shall be subject to judicial review in accordance with chapter 7 of such title. (C) Standards for levels of civil penalty.--The President may by regulation provide standards for establishing levels of civil penalty under this paragraph based upon the seriousness of the violation, the culpability of the violator, and the violator's record of cooperation with the Government in disclosing the violation. (g) Annual Report.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the President shall report to the Congress on the implementation and enforcement of this section and on additional steps taken by the United States to bring about the termination of the Arab League boycott of Israel and to encourage Arab League states to normalize their relations with Israel. (h) Definition.--In this section, the term ``United States person''-- (1) means-- (A) any United States resident or national; (B) any domestic concern (including any permanent domestic establishment of any foreign concern); and (C) any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern, as determined under regulations of the President; but (2) does not include an individual resident outside the United States who is employed by a person other than a person described in paragraph (1).

Antiboycott Act - States that: (1) the Arab League boycott of Israel and the secondary boycott of U.S. firms that have commercial ties with Israel are an impediment to economic development and peace in the Middle East and North Africa; and (2) the President, the Secretary of State, and the Secretary of Commerce should seek an end to the Arab League boycott of Israel. Directs the Secretary of Commerce to issue regulations prohibiting, with specified exceptions, any U.S. person from taking specified actions that support any boycott imposed by a foreign country against a country that is friendly to the United States and is not itself the object of any form of boycott pursuant to United States law or regulation. Sets forth criminal and civil penalties for violations of such regulations.

[ 2, 0, 33038, 29, 5, 270, 7, 35, 36, 134, 43, 18262, 143, 315, 532, 621, 31, 6051, 11, 6, 50, 1976, 3485, 7, 6, 10, 13978, 9, 6, 143, 1093, 247, 14, 34, 6, 50, 34, 6, 10, 265, 1437, 49820, 7471, 21402, 1437, 1437, 1437, 479...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bioweapons Control and Tracking Act of 2001''. SEC. 2. REGULATION OF BIOLOGICAL AGENTS AND TOXINS. (a) Biological Agents Provisions of the Antiterrorism and Effective Death Penalty Act of 1996; Codification in the Public Health Service Act, With Amendments.-- (1) Public health service act.--Subpart 1 of part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by inserting after section 351 the following: ``SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS AND TOXINS. ``(a) Regulatory Control of Biological Agents and Toxins.-- ``(1) List of biological agents and toxins.-- ``(A) In general.--The Secretary shall by regulation establish and maintain a list of each biological agent and each toxin that has the potential to pose a severe threat to public health and safety. ``(B) Criteria.--In determining whether to include an agent or toxin on the list under subparagraph (A), the Secretary shall-- ``(i) consider-- ``(I) the effect on human health of exposure to the agent or toxin; ``(II) the degree of contagiousness of the agent or toxin and the methods by which the agent or toxin is transferred to humans; ``(III) the availability and effectiveness of immunizations to prevent and treatments for any illness resulting from infection by the agent or toxin; and ``(IV) any other criteria that the Secretary considers appropriate; and ``(ii) consult with appropriate Federal departments and agencies, and with scientific experts representing appropriate professional groups. ``(2) Biennial review.--The Secretary shall review the list under paragraph (1) biennially, or more often, and republish the list as necessary to incorporate revisions to protect the public health and safety. ``(b) Regulation of Possession, Use, and Transfer of Listed Biological Agents and Toxins.--The Secretary shall by regulation provide for-- ``(1) the establishment and enforcement of safety standards and procedures for the possession, use and transfer of biological agents and toxins listed pursuant to subsection (a)(1), including measures to ensure-- ``(A) proper training and appropriate skills to handle such agents and toxins; and ``(B) proper laboratory facilities to contain and dispose of such agents and toxins; ``(2) the establishment and enforcement of safeguards and security standards and procedures to prevent access to such agents and toxins for use in domestic or international terrorism or for any other criminal purpose; ``(3) the establishment of procedures to protect the public safety in the event of a violation of the safety procedures established under paragraph (1) or the safeguards established under paragraph (2); and ``(4) appropriate availability of biological agents and toxins for research, education, and other legitimate purposes. ``(c) Registration and Traceability Mechanisms; Database.-- Regulations under subsection (b) shall require registration of the possession, use, and transfer of biological agents and toxins listed pursuant to subsection (a)(1), and such registration shall include information available to the registered persons regarding the characterization of such biological agents and toxins to facilitate their identification and traceability. The Secretary shall maintain a national database of the location of such agents and toxins, with their characterizations. ``(d) Security and Safeguards.-- ``(1) In general.--In carrying out paragraphs (2) and (3) of subsection (b), the Secretary shall establish appropriate security requirements for persons possessing, using, or transferring biological agents and toxins listed pursuant to subsection (a)(1), and shall ensure compliance with such requirements as a condition of registration under regulations issued under subsection (c). In developing such requirements the Secretary shall consult with the Attorney General and appropriate security experts. ``(2) Restricted persons.--Regulations issued under subsection (b) shall include provisions-- ``(A) to restrict access to biological agents and toxins listed pursuant to subsection (a)(1) only to those individuals who need to handle or use such agents or toxins; and ``(B) to provide for prompt screening of such persons using criminal, immigration, and national security databases available to the Federal Government to identify persons who are restricted persons, as defined in section 175b of title 18, United States Code. ``(e) Inspections.--The Secretary shall have the authority to inspect persons subject to regulations under subsection (b) to ensure their compliance with such regulations. ``(f) Exemptions.--The Secretary may establish exemptions from the applicability of provisions of regulations under subsection (b) if the Secretary determines that the exemptions are consistent with protecting the public health and safety. Any exemption from registration under subsection (c) shall be based on transience of possession or on the lack of utility of the agent or toxin for use as a weapon, and shall be consistent with maintaining a complete database under such subsection (c). ``(g) Disclosure of Information.-- ``(1) In general.--Any information in the possession of any Federal agency that identifies a person, or the geographic location of a person, who is registered pursuant to regulations under this section (including regulations promulgated before the effective date of this subsection), and any site-specific information relating to the type, quantity, or identity of a biological agent or toxin listed pursuant to subsection (a)(1) or the site-specific security mechanisms in place to protect such agents and toxins, shall not be disclosed under section 552(a) of title 5, United States Code. ``(2) Disclosures for public health and safety; congress.-- Nothing in this section may be construed as preventing the head of any Federal agency-- ``(A) from making disclosures of information described in paragraph (1) for purposes of protecting the public health and safety; or ``(B) from making disclosures of such information to any committee or subcommittee of Congress with appropriate jurisdiction upon request. ``(h) Civil Penalty.--In addition to any other penalties that may apply under law, any person who violates any provision of regulations under subsection (b) shall be subject to the United States for a civil penalty in an amount not exceeding $250,000 in the case of an individual and $500,000 in the case of any other person. ``(i) Definitions.--For purposes of this section, the terms `biological agent' and `toxin' have the meanings given such terms in section 178 of title 18, United States Code.''. (2) Relation to other laws.-- (A) Rule of construction.--Regulations promulgated by the Secretary of Health and Human Services under section 511 of the Antiterrorism and Effective Death Penalty Act of 1998 are deemed to have been promulgated under section 351A of the Public Health Service Act, as added by paragraph (1) of this subsection. Such regulations, including the list under subsection (d)(1) of such section 511, that were in effect on the day before the date of the enactment of this Act remain in effect until modified by the Secretary. (B) Conforming amendment.--Subsections (d), (e), (f), and (g) of section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 262 note) are repealed. (3) Regulations regarding registration.-- (A) Date certain for promulgation; effective date regarding criminal and civil penalties.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate an interim final rule for carrying out section 351A(c) of the Public Health Service Act, as added by paragraph (1) of this subsection. Such interim final rule takes effect 60 days after the date on which such rule is promulgated for purposes of-- (i) section 175B (b) and (c) of title 18, United States Code (relating to criminal penalties, as added by subsection (b) of this section; and (ii) section 351(h) of the Public Health Service Act (relating to civil penalties). (B) Submission of registration applications.--A person who, as of the date of the interim final rule promulgated under subparagraph (A), is in possession of a biological agent or toxin listed pursuant to section 351A(a) of the Public Health Service Act, as added by paragraph (1) of this subsection, shall in accordance with such interim final rule, submit an application for a registration to possess such agent or toxin not later than 30 days after the date on which such rule is promulgated. (4) Effective date regarding disclosure of information.-- Subsection (g) of section 351A of the Public Health Service Act, as added by paragraph (1) of this subsection, is deemed to have taken effect on the effective date of the Antiterrorism and Effective Death Penalty Act of 1996. (b) Select Agents.-- (1) In general.--Section 175b of title 18, United States Code, as added by section 817 of Public Law 107-56, is amended-- (A) by striking ``(a)'' and inserting ``(a)(1)''; (B) by transferring subsection (c) from the current placement of the subsection and inserting the subsection before subsection (b). (C) by striking ``(c)'' and inserting ``(2)''; (D) by redesignating subsection (b) as subsection (d); and (E) by inserting before subsection (d) as so redesignated) the following subsections: ``(b) Unregistered for Possession or Transfer.--Whoever knowingly possesses or transfers a select agent for which such person has not obtained a registration required by a regulation issued under section 351A(c) of the Public Health Service Act shall be fined under this title, or imprisoned for not more than 5 years, or both. ``(c) Transfer to Unregistered Person.--Whoever knowingly transfers a select agent to a person who has not obtained a registration required by a regulation issued under subsection (c) of section 351A of the Public Health Service Act shall be fined under this tile, or imprisoned for not more than 5 years, or both.''. (c) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services, after consultation with other appropriate Federal agencies, shall submit to Congress a report that-- (1) describes the extent to which there has been compliance by governmental and private entities with applicable regulations under section 351A of the Public Health Service Act (as added by subsection (a)(1)); (2) describes the actions taken by the date of the report and future plans of the Secretary for updating the list of biological agents and toxins under such section 351A; (3) describes the actions taken by the date of the report and future plans of the Secretary for determining compliance with regulations under such section 351A and for taking appropriate enforcement actions; and (4) provides any recommendations of the Secretary for administrative or legislative initiatives regarding such section 351A.

Bioweapons Control and Tracking Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) establish and maintain a list of each biological agent and each toxin with potential to severely threaten public health and safety; (2) promulgate regulations establishing safety and security standards, procedures, restricted access, and registration requirements for listed agents and toxins, including traceability mechanisms; and (3) establish exemptions consistent with public safety. Imposes civil penalties for violations of these requirements.

[ 2, 0, 49134, 5, 1863, 9, 1309, 8, 3861, 1820, 36, 725, 6391, 43, 7, 35, 36, 134, 43, 5242, 8, 3014, 10, 889, 9, 12243, 3525, 8, 30015, 4, 36, 176, 43, 146, 21357, 9, 215, 335, 4, 178, 36, 246, 43, 1306, 6265, 19, 215, 3478...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Security in Mortgage Registration Act of 2010''. SEC. 2. PROHIBITION ON GUARANTEEING MERS MORTGAGES. (a) Fannie Mae and Freddie Mac.-- (1) Fannie mae.--Section 302(b) of the National Housing Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: ``(6)(A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010, the corporation may not purchase, acquire, newly lend on the security of, newly invest in securities consisting of, or otherwise newly deal in any MERS mortgage or mortgages. ``(B) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned, guaranteed, or securitized by the corporation. Not later than the expiration of such period, the corporation shall require that all mortgage loans owned, guaranteed, or securitized at such time by the corporation and on which MERS is the named mortgagee or mortgagee of record shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the corporation. The corporation shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. ``(C)(i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010. ``(ii) In the case of any mortgage owned, guaranteed, or securitized by the corporation for which the servicer, holder, or creditor has demonstrated to the corporation, in accordance with standards established by the Director of the Federal Housing Finance Agency, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the corporation, in accordance with standards established by the Director, but in no case has a duration longer than 12 months. ``(D) Not later than the expiration of the 6-month period referred to in subparagraph (C)(i), the corporation shall submit a report detailing its compliance with subparagraph (B) to the Congress, the Director of the Federal Housing Finance Agency, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). ``(E) For purposes of this paragraph, the following definitions shall apply: ``(i) The term `MERS' means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. ``(ii) The term `MERS mortgage' means any mortgage-- ``(I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; ``(II) that is, or was at any time, assigned to or recorded in the MERS; or ``(III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage.''. (2) Freddie mac.--Section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the following new paragraph: ``(6)(A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010, the Corporation may not purchase, acquire, newly lend on the security of, newly invest in securities consisting of, or otherwise newly deal in any MERS mortgage or mortgages. ``(B) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned, guaranteed, or securitized by the Corporation. Not later than the expiration of such period, the Corporation shall require that all mortgage loans owned, guaranteed, or securitized at such time by the Corporation and on which MERS is the named mortgagee or mortgagee of record shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the Corporation. The Corporation shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. ``(C)(i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010. ``(ii) In the case of any mortgage owned, guaranteed, or securitized by the Corporation for which the servicer, holder, or creditor has demonstrated to the Corporation, in accordance with standards established by the Director of the Federal Housing Finance Agency, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the Corporation, in accordance with standards established by the Director, but in no case has a duration longer than 12 months. ``(D) Not later than the expiration of the 6-month period referred to in subparagraph (C)(i), the Corporation shall submit a report detailing its compliance with subparagraph (B) to the Congress, the Director of the Federal Housing Finance Agency, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). ``(E) For purposes of this paragraph, the following definitions shall apply: ``(i) The term `MERS' means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. ``(ii) The term `MERS mortgage' means any mortgage-- ``(I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; ``(II) that is, or was at any time, assigned to or recorded in the MERS; or ``(III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage.''. (3) Regulations.--Not later than the expiration of the 90- day period beginning on the date of the enactment of this Act, the Director of the Federal Housing Finance Agency shall issue any regulations necessary to carry out the amendments made by paragraphs (1) and (2). In issuing such regulations, the Director shall consult and coordinate with the Secretary of Housing and Urban Development to ensure that the regulations issued by the Director and the regulations issued by the Secretary pursuant to subsection (b)(2) of this section are uniform and consistent to maximum extent possible. (b) Ginnie Mae.-- (1) Prohibition.--Section 302(c) of the National Housing Act (12 U.S.C. 1717(c)) is amended by adding at the end the following new paragraph: ``(6)(A) After the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010, the Association may not newly guarantee the payment of principal of or interest on any trust certificate or other security based or backed by a trust or pool that contains, or purchase or acquire, any MERS mortgage. ``(B)(i) After the expiration of the period under subparagraph (C), MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned or held by the Association or on any mortgage contained in a pool backing or on which is based any trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association. ``(ii) Not later than the expiration of such period, the Association shall require that all mortgage loans that are owned or held at such time by the Association, or that at such time are contained in a trust or pool backing or on which is based a trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association, and on which MERS is the named mortgagee or mortgagee of record, shall be assigned to the servicer, holder, or creditor, as defined by the guidelines of the Association. The Association shall not reimburse the servicer, holder, or creditor for any expense incurred in the carrying out or recording such an assignment. ``(C)(i) Except as provided in clause (ii), the period under this subparagraph is the 6-month period beginning on the date of the enactment of the Transparency and Security in Mortgage Registration Act of 2010. ``(ii) In the case of any mortgage owned or held by the Association, or contained in a trust or pool backing or on which is based a trust certificate or other security the payment of principal of or interest on which is guaranteed by the Association, for which the servicer, holder, or creditor has demonstrated to the Association, in accordance with standards established by the Secretary, that compliance with subparagraph (B) by the expiration of such 6-month period will cause a severe threat to the continued financial viability of such entity, the period under this subparagraph shall be the period that begins on such date of enactment and has such duration as determined by the Association, in accordance with standards established by the Secretary, but in no case has a duration longer than 12 months. ``(D) Not later than the expiration of the 6-month period described in subparagraph (C)(i), the Association submit a report detailing its compliance with subparagraph (B) to the Congress, the Secretary, the Financial Stability Oversight Council, and the Director of the Bureau of Consumer Financial Protection of the Federal Reserve System, which shall describe any extensions of the period for compliance with subparagraph (B) granted pursuant to subparagraph (C). ``(E) For purposes of this paragraph, the following definitions shall apply: ``(i) The term `MERS' means the Mortgage Electronic Registration Systems, Inc., or any successor entity of such corporation. ``(ii) The term `MERS mortgage' means any mortgage-- ``(I) for which the MERS is, or was at any time, the original or nominal mortgagee or mortgagee of record under the mortgage; ``(II) that is, or was at any time, assigned to or recorded in the MERS; or ``(III) for which the MERS is, or was at any time, acting as nominee in the county land records for the lender or servicer of the mortgage.''. (2) Regulations.--Not later than the expiration of the 90- day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue any regulations necessary to carry out the amendments made by paragraphs (1) and (2). In issuing such regulations, the Secretary shall consult and coordinate with the Director of the Federal Housing Finance Agency to ensure that the regulations issued by the Secretary and the regulations issued by the Director pursuant to subsection (a)(3) of this section are uniform and consistent to maximum extent possible SEC. 3. HUD STUDY. (a) Study.--The Secretary of Housing and Urban Development, in consultation with the Comptroller General of the United States, shall conduct a study to analyze and determine-- (1) the impacts of the lack of electronic records and uniform standards found in local land title recordation systems currently used in the various States; (2) any progress States have made in developing electronic land title recordation systems for their localities that contain uniform standards, and any findings and conclusions and best practices resulting from such development; (3) the current oversight role of the Federal Government in the transfer and recordation of land titles; (4) opportunities, and the feasibility of such opportunities, that may be present to leverage progress made by some States and localities to create an electronic land title recordation system, including through-- (A) a system that would maintain all previous records of the land-property without invalidating, interfering with, or preempting State real property law governing the transfer and perfection of land title; and (B) further actions by the States or by the Federal Government, or coordinated actions of both; and (5) the feasibility of creating a Federal land title recordation system for property transfers that would maintain all previous records of the land-property without invalidating, interfering with, or preempting State real property law governing the transfer and perfection of land title. (b) Report.--Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development, in consultation with the Comptroller General of the United States, shall submit to the Congress a report on the results and findings of the study conducted under this section.

Transparency and Security in Mortgage Registration Act of 2010 - Amends the National Housing Act to prohibit the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) from purchasing, acquiring, newly lending on the security of, newly investing in securities consisting of, or otherwise newly dealing in any Mortgage Electronic Registration System, Inc. (MERS) mortgage or mortgages. Prohibits the Government National Mortgage Association (Ginnie Mae) from newly guaranteeing the payment of principal of or interest on any trust certificate or other security based or backed by a trust or pool that contains, or purchase or acquire, any MERS mortgage. Directs Fannie Mae, Freddie Mac, and Ginnie Mae to require all their current MERS mortgages to be assigned to the proper servicer, holder, or creditor. Directs the Secretary of Housing and Urban Development (HUD) to study and report to Congress to analyze and determine: (1) the impacts of the lack of electronic records and uniform standards found in local land title recordation systems currently used in the various states; (2) any progress states have made in developing electronic land title recordation systems containing uniform standards; (3) the current oversight role of the federal government in the transfer and recordation of land titles; and (4) the feasibility of creating a federal land title recordation system for property transfers that would maintain all previous records of the land-property without invalidating, interfering with, or preempting state real property law governing the transfer and perfection of land title.

[ 2, 0, 19163, 24470, 8, 2010, 11, 18574, 15490, 1783, 9, 1824, 111, 1918, 8845, 5, 1853, 2193, 18934, 1783, 7, 2703, 14, 70, 5501, 2973, 2164, 6, 8045, 6, 50, 15636, 710, 37174, 30, 5, 2824, 8, 15, 61, 256, 4322, 16, 5, 1440, 5...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technological Resource to Assist Criminal Enforcement (TRACE) Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to increase public safety by assisting law enforcement in solving more gun-related crimes and offering prosecutors evidence to link felons to gun crimes through ballistics technology; (2) to provide for ballistics testing of all new firearms for sale to assist in the identification of firearms used in crimes; (3) to require ballistics testing of all firearms in custody of Federal agencies to assist in the identification of firearms used in crimes; and (4) to add ballistics testing to existing firearms enforcement programs. SEC. 3. DEFINITION OF BALLISTICS. Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) The term `ballistics' means a comparative analysis of fired bullets and cartridge casings to identify the firearm from which bullets and cartridge casings were discharged, through identification of the unique markings that each firearm imprints on bullets and cartridge casings.''. SEC. 4. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS. (a) Amendment.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m)(1) In addition to the other licensing requirements under this section, a licensed manufacturer or licensed importer shall-- ``(A) test fire firearms manufactured or imported by such licensees as specified by the Attorney General by regulation; ``(B) prepare ballistics images of the fired bullet and cartridge casings from the test fire; ``(C) make the records available to the Attorney General for entry in a computerized database; and ``(D) store the fired bullet and cartridge casings in such a manner and for such a period as specified by the Attorney General by regulation. ``(2) Nothing in this subsection creates a cause of action against any Federal firearms licensee or any other person for any civil liability except for imposition of a civil penalty under this section. ``(3)(A) The Attorney General shall assist firearm manufacturers and importers in complying with paragraph (1) by-- ``(i) acquiring, installing, and upgrading ballistics equipment and bullet and cartridge casing recovery equipment to be placed at or near the sites of licensed manufacturers and importers; ``(ii) hiring or designating sufficient personnel to develop and maintain a database of ballistics images of fired bullets and cartridge casings, research, and evaluation; ``(iii) providing education about the role of ballistics as part of a comprehensive firearm crime reduction strategy; ``(iv) providing for the coordination among Federal, State, and local law enforcement and regulatory agencies and the firearm industry to curb firearm-related crime and illegal firearm trafficking; and ``(v) taking other necessary steps to make ballistics testing effective. ``(B) The Attorney General shall-- ``(i) establish a computer system through which State and local law enforcement agencies can promptly access the ballistics records stored under this subsection, as soon as such a capability is available; and ``(ii) require training for all ballistics examiners. ``(4) The Attorney General shall conduct mandatory ballistics testing of all firearms obtained or in the possession of their respective agencies. ``(5) Not later than 3 years after the date of enactment of this subsection, and annually thereafter, the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report regarding the implementation of this section, including-- ``(A) the number of Federal and State criminal investigations, arrests, indictments, and prosecutions of all cases in which access to ballistics records, provided under the system established under this section and under similar systems operated by any State, served as a valuable investigative tool in the prosecution of gun crimes; ``(B) the extent to which ballistics records are accessible across jurisdictions; and ``(C) a statistical evaluation of the test programs conducted pursuant to paragraph (4). ``(6) There are authorized to be appropriated to the Department of Justice $20,000,000 for each of the fiscal years 2004 through 2007, to carry out this subsection, to be used to-- ``(A) install ballistics equipment and bullet and cartridge casing recovery equipment; ``(B) establish sites for ballistics testing; ``(C) pay salaries and expenses of necessary personnel; and ``(D) conduct related research and evaluation.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraphs (2) and (3), the amendment made by subsection (a) shall take effect on the date on which the Attorney General, in consultation with the Board of the National Integrated Ballistics Information Network, certifies that the ballistics system used by the Department of Justice is sufficiently developed to support mandatory ballistics testing of new firearms. (2) Ballistics testing.--Section 923(m)(1) of title 18, United States Code, as added by subsection (a), shall take effect 2 years after the date of enactment of this Act. (3) Effective on date of enactment.--Section 923(m)(4) of title 18, United States Code, as added by subsection (a), shall take effect on the date of enactment of this Act. SEC. 5. PRIVACY RIGHTS OF LAW-ABIDING CITIZENS. Ballistics information of individual guns in any form or database established by this Act may not be used for prosecutorial purposes unless law enforcement officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation of that crime.

Technological Resource to Assist Criminal Enforcement (TRACE) Act - Amends the Brady Handgun Violence Prevention Act to require a licensed manufacturer or importer of firearms to: (1) test fire manufactured or imported firearms as specified by the Attorney General; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Attorney General for entry into a computerized database; and (4) store the fired bullet and cartridge casings.Directs the Attorney General to assist firearm manufacturers and importers in complying with these requirements by: (1) acquiring, installing, and upgrading ballistics equipment and bullet and cartridge casing recovery equipment; (2) hiring or designating sufficient personnel to develop and maintain a ballistics database; (3) providing education about the role of ballistics; and (4) providing for the coordination among law enforcement, regulatory agencies, and the firearm industry to curb firearm-related crime and illegal firearm trafficking.Requires the Attorney General to: (1) establish a computer system through which State and local law enforcement agencies can promptly access ballistics records; (2) require training for all ballistics examiners; (3) conduct mandatory ballistics testing of all firearms obtained by or in the possession of the Department of Justice; and (4) report to Congress on the implementation of this Act.Prohibits the use of ballistics information of individual guns for prosecutorial purposes unless officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation.

[ 2, 0, 49134, 5, 2745, 1292, 7, 35, 36, 134, 43, 5242, 10, 3034, 467, 149, 61, 331, 8, 1437, 49820, 10172, 18164, 45160, 488, 2251, 2244, 64, 16878, 899, 5, 1011, 16307, 2189, 9, 70, 92, 9855, 4756, 50, 11, 5, 3328, 9, 49, 1437...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Peer Support Communities of Recovery Act''. SEC. 2. BUILDING COMMUNITIES OF RECOVERY. Section 547 of the Public Health Service Act (42 U.S.C. 290ee-2) is amended-- (1) in subsection (a)-- (A) in the heading, by striking ``Definition'' and inserting ``Definitions''; (B) in the matter preceding paragraph (1), by striking ``In this section, the term `recovery community organization' means an independent nonprofit organization that--'' and inserting ``In this section:''; (C) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs (as so redesignated) 2 ems to the right; (D) by inserting before subparagraph (A) (as so redesignated) the following: ``(1) Recovery community organization.--The term `recovery community organization' means an independent nonprofit organization that--''; and (E) by adding at the end the following: ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a national nonprofit entity focused on substance use disorder with a network of local affiliates and partners that are geographically and organizationally diverse; or ``(B) a nonprofit organization-- ``(i) focused on substance use disorder; ``(ii) established by individuals in personal or family recovery; and ``(iii) serving prevention, treatment, recovery, payor, faith-based, and criminal justice stakeholders in the implementation of local addiction and recovery initiatives.''; (2) in subsection (b)-- (A) by striking ``The Secretary shall award grants to recovery community organizations'' and inserting ``The Secretary-- ``(1) shall award grants to recovery community organizations''; (B) by striking ``services.'' and inserting ``services and allow such organizations to use such grant funds to carry out the activities described in subparagraphs (A) through (C) of subsection (c)(2); and''; and (C) by adding at the end the following: ``(2) may award grants to eligible entities for purposes of establishing regional technical assistance centers, in accordance with subsection (c)(2)(D).''; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)-- (A) in paragraph (1), by striking ``shall be used'' and inserting ``to a recovery community organization shall be used''; (B) in paragraph (2)-- (i) in subparagraph (A), in the matter preceding clause (i), by inserting before ``build'' the following: ``in the case of a grant awarded to a recovery community organization,''; (ii) in subparagraph (B)-- (I) by inserting before ``reduce'' the following: ``in the case of a grant awarded to a recovery community organization,''; and (II) by striking ``and'' at the end; (iii) in subparagraph (C)-- (I) by inserting before ``conduct'' the following: ``in the case of a grant awarded to a recovery community organization,''; and (II) by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(D) in the case of a grant awarded to an eligible entity, provide for the establishment of regional technical assistance centers to provide regional technical assistance for the following: ``(i) Implementation of regionally driven, peer-delivered addiction recovery support services before, during, after, or in conjunction with addiction treatment. ``(ii) Establishment of recovery community organizations. ``(iii) Establishment of recovery community centers.''; and (6) in subsection (d) (as so redesignated), by inserting before the period the following: ``, and $15,000,000 for each of fiscal years 2019 through 2023''. Passed the House of Representatives June 12, 2018. Attest: KAREN L. HAAS, Clerk.

Peer Support Communities of Recovery Act This bill amends the Public Health Service Act to allow the Substance Abuse and Mental Health Services Administration to award grants to nonprofits that focus on substance use disorder to establish regional technical assistance centers to provide assistance regarding implementation of peer-delivered addiction recovery support services, establishment of recovery community organizations and centers, and overdose reversal medication.

[ 2, 0, 23029, 254, 7737, 19818, 9, 16505, 1437, 46303, 36440, 30529, 1783, 111, 1918, 8845, 5, 1909, 1309, 1841, 1783, 7, 35, 36, 134, 43, 2354, 7752, 7, 2752, 435, 1437, 1437, 1437, 49190, 711, 711, 29, 1437, 1437, 36440, 30529, 143...

SECTION 1. TEMPORARY DUTY SUSPENSIONS ON CERTAIN HIV DRUG SUBSTANCES. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.32.14 (S)-N-tert-butyl- 1,2,3,4- tetrahydro-3- isoquinoline carboxamide (CAS No. 149182- 72-9)(provided for in subheading 2933.40.60).... Free No change No change On or before 6/ 30/99 9902.32.16 (S)-N-tert-butyl- 1,2,3,4- tetrahydro-3- isoquinoline carboxamide hydrochloride salt (CAS No. 149057-17-0)(pr ovided for in subheading 2933.40.60).... Free No change No change On or before 6/ 30/99 9902.32.18 (S)-N-tert-butyl- 1,2,3,4- tetrahydro-3- isoquinoline carboxamide sulfate salt (CAS No. 186537- 30-4)(provided for in subheading 2933.40.60).... Free No change No change On or before 6/ 30/99 9902.32.20 (3S)-1,2,3,4- tetrahydroisoqu inoline-3- carboxylic acid (CAS No. 74163- 81-8)(provided for in subheading 2933.40.60).... Free No change No change On or before 6/ 30/99 '' (b) Effective Date.--The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or 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 June 30, 1999, the duty on certain drug substances used as HIV antiviral drugs: (1) (S)-N-tert-butyl-1,2,3,4-tetrahydro- 3-isoquinoline carboxamide; (2) (S)-N-tert-butyl-1,2,3,4-tetrahydro-3- isoquinoline carboxamide hydrochloride salt; (3) (S)-N-tert-butyl- 1,2,3,4- tetrahydro-3-isoquinoline carboxamide sulfate salt; and (4) (3S)-1,2,3,4-tetrahydroisoquinoline-3-carboxylic acid.

[ 2, 0, 10127, 8845, 5, 25253, 1538, 1437, 36440, 28784, 12, 42183, 4822, 22557, 9, 5, 315, 532, 7, 680, 35, 36, 134, 43, 5, 1437, 1437, 36440, 42593, 12, 565, 415, 9772, 9611, 1001, 12, 134, 6, 176, 6, 246, 6, 306, 6, 245, 6, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Export Support Act of 2010''. SEC. 2. EXPORT LICENSING COMPLIANCE ASSISTANCE BY COMMERCIAL SERVICE DISTRICT OFFICES. Section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721) is amended-- (1) in subsection (b)-- (A) in paragraph (8), by striking ``; and'' and inserting a semicolon; (B) in paragraph (9), by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(10) providing small businesses and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing requirements.''; and (2) in subsection (c)(3)-- (A) by inserting ``(A)'' before ``The Secretary shall''; and (B) by adding at the end the following new subparagraphs: ``(B) The Secretary shall assign export licensing compliance specialists to at least 20 district offices (or, at any time when there are 20 or fewer such offices, to all such offices). Such export licensing compliance specialists shall provide small businesses and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing requirements. ``(C) In determining whether to assign an export licensing compliance specialist to a district office under subparagraph (B), the Secretary shall take into account the need for such assistance of the small businesses and medium-sized businesses in the region served by the office. In assessing such need, the Secretary shall consider such indicators of the small business and medium-sized business industrial base in the region as the Secretary considers appropriate, including the number of small businesses and medium-sized businesses in the region that have been issued export licenses.''. SEC. 3. ANNUAL REVIEWS OF COMMERCIAL SERVICE DISTRICT OFFICE STAFFING. (a) In General.--Not later than 60 days after the end of each fiscal year that ends after the date of the enactment of this Act, the Secretary of Commerce shall complete a review, with respect to such fiscal year, of the level of staffing at each district office of the United States and Foreign Commercial Service established under section 2301(c)(3)(A) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(c)(3)(A)) to determine, for the fiscal year that begins after the date of the completion of the review, the level of staffing at each office that will enable such office to effectively serve small businesses and medium-sized businesses. (b) Elements of Review.--A review under subsection (a) shall include with respect to each district office-- (1) a determination of the number of staff employed in the office during the fiscal year in which the review is completed and during each of the preceding 9 fiscal years; (2) a determination of the need of small businesses and medium-sized businesses in the region served by the office for the services and assistance described in section 2301(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)), as indicated by factors including-- (A) the volume of requests made by small businesses and medium-sized businesses to the office for such services and assistance; (B) the number of small businesses and medium-sized businesses in the region that have been issued export licenses; and (C) such other indicators of the small business and medium-sized business industrial base in the region as the Secretary considers appropriate; (3) an assessment of the overall performance of the office in providing such services and assistance to small businesses and medium-sized businesses; (4) an assessment of whether any changes should be made in the number of staff employed in the office for the fiscal year that begins after the date of the completion of the review, including whether, based on the determination under paragraph (2), an export licensing compliance specialist should be assigned (or continue to be assigned) to the office under section 2301(c)(3)(B) of such Act (15 U.S.C. 4721(c)(3)(B)); (5) an assessment of whether any changes in funding for the office for such fiscal year will be necessary to implement any changes identified under paragraph (4); and (6) such other elements as the Secretary considers appropriate. (c) Inclusion in President's Budget Submission to Congress.-- (1) Submission by secretary to president.--For each fiscal year with respect to which a review is completed under subsection (a), the Secretary shall prepare a report on the review and shall include the report in the submission to the President of materials relating to the budget of the Department of Commerce for the fiscal year that begins after the date of the completion of the review. The Secretary shall include in the report a statement that-- (A) assesses the consistency of any budgetary requests made by the Secretary in the submission with the conclusions in the review regarding appropriate levels of staffing and funding; and (B) justifies any inconsistencies between the requests and the conclusions. (2) Submission by president to congress.--The President shall include the report submitted under paragraph (1) in the budget of the United States Government submitted to Congress under section 1105(a) of title 31, United States Code, for the fiscal year that begins after the date of the submission of the report to the President by the Secretary. The President shall attach to the report an addendum that-- (A) assesses the consistency of the budget with the conclusions in the review regarding appropriate levels of staffing and funding; and (B) justifies any inconsistencies between the budget and the conclusions. SEC. 4. DESIGNATION OF EXPORT LICENSING COORDINATORS. (a) In General.--Each official described in subsection (c) shall designate an export licensing coordinator for the department or agency of the official. The export licensing coordinator for a department or agency shall be an individual who exercises significant decisionmaking authority in the department or agency. (b) Duties.--The export licensing coordinator designated for a department or agency under subsection (a) shall devise, encourage, and coordinate activities by the department or agency that provide small businesses and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing requirements. (c) Officials Described.--The officials described in this subsection are the following: (1) The Secretary of Commerce. (2) The Secretary of Defense. (3) The Secretary of State. (4) The Secretary of the Treasury. (5) The Administrator of the Small Business Administration. SEC. 5. INTERAGENCY TASK FORCE ON EXPORT CONTROL ASSISTANCE AND RELIEF FOR SMALL AND MEDIUM-SIZED BUSINESSES. (a) Establishment.--There is established in the Department of Commerce an Interagency Task Force on Export Control Assistance and Relief for Small and Medium-Sized Businesses (in this section referred to as the ``Task Force''). (b) Duties of Task Force.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Task Force shall submit to Congress a report containing-- (A) recommendations for improving the support, training, education, and compliance assistance regarding export licensing requirements provided to small businesses and medium-sized businesses by the Federal Government, including recommendations regarding any increases in the amount or changes in the allocation of resources for such support, training, education, and compliance assistance; (B) recommendations for changes to such requirements to improve opportunities for small businesses and medium-sized businesses to export goods and services from the United States; and (C) such other recommendations as the Task Force considers appropriate. (2) Input from businesses.--The Task Force shall consult with small businesses and medium-sized businesses in preparing the report required by paragraph (1). (c) Membership.-- (1) In general.--The Task Force shall be composed of the officials described in section 4(c). (2) Compensation.--A member of the Task Force may not receive pay, allowances, or benefits by reason of service on the Task Force in addition to pay, allowances, or benefits by reason of service as an officer of the United States in the capacity listed in section 4(c) in which the member serves. (3) Chairperson.--The Chairperson of the Task Force shall be elected by the members. (4) Quorum.--Three members of the Task Force shall constitute a quorum, but a lesser number may hold hearings. (d) Administrative and Support Services.--Upon the request of the Chairperson, the Secretary of Commerce shall provide to the Task Force, without reimbursement, such administrative and support services, including details of personnel, as may be necessary to enable the Task Force to carry out its duties under this section. SEC. 6. DEFINITIONS. (a) Small Business Defined.--In this Act, the term ``small business'' means a small business concern, as defined under section 3 of the Small Business Act (15 U.S.C. 632). (b) Additional Definition for Sections 4 and 5.--In sections 4 and 5, the term ``export licensing requirements'' includes export licensing requirements under section 38 of the Arms Export Control Act (22 U.S.C. 2778).

Small Business Export Support Act of 2010 - Amends the Export Enhancement Act of 1988 to require the Secretary of Commerce to assign export licensing compliance specialists to at least 20 United States and Foreign Commercial Service district offices to provide small and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing, including arms export licensing, requirements. Directs the Secretary to review and report to the President annually on the level of staffing at each such district office in order to determine the level that will enable it to serve such businesses effectively. Requires each of the Secretaries of Commerce, of Defense (DOD), of State, and of the Treasury, as well as the Administrator of the Small Business Administration (SBA), to designate an export licensing coordinator who exercises significant decisionmaking authority in the respective department or agency. Requires the coordinator to devise, encourage, and coordinate department or agency activities providing small and medium-sized businesses with export licensing assistance under this Act. Establishes in the Department of Commerce an Interagency Task Force on Export Control Assistance and Relief for Small and Medium-Sized Businesses to report annually to Congress its recommendations for improving such assistance.

[ 2, 0, 49134, 5, 1863, 9, 5669, 7, 35, 36, 134, 43, 5242, 10, 12927, 3177, 15, 21916, 6007, 19418, 8, 1437, 50136, 1437, 2537, 1437, 1437, 1437, 2537, 36, 495, 43, 694, 650, 1252, 8, 4761, 12, 8407, 1252, 19, 323, 6, 1058, 6, 1...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Truth and Accountability in Campaign Communications Act of 2001''. SEC. 2. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following: ``(e) Additional Statements on Electioneering Communications.-- ``(1) Statement required.--Every person who makes a disbursement for electioneering communications in an aggregate amount in excess of $10,000 during any calendar year shall, within 24 hours of each disclosure date, file with the Commission a statement containing the information described in paragraph (2). ``(2) Contents of statement.--Each statement required to be filed under this subsection shall be made under penalty of perjury and shall contain the following information: ``(A) The identification of-- ``(i) the person making the disbursement; ``(ii) any entity sharing or exercising direction or control over the activities of such person; and ``(iii) the custodian of the books and accounts of the person making the disbursement. ``(B) The State of incorporation and the principal place of business of the person making the disbursement. ``(C) The amount of each disbursement during the period covered by the statement and the identification of the person to whom the disbursement was made. ``(D) The elections to which the electioneering communications pertain and the names (if known) of the candidates identified or to be identified. ``(E) If the disbursements were paid out of a segregated account to which only individuals could contribute, the names and addresses of all contributors who contributed an aggregate amount of $500 or more to that account during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. ``(F) If the disbursements were paid out of funds not described in subparagraph (E), the names and addresses of all contributors who contributed an aggregate amount of $500 or more to the organization or any related entity during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. ``(G) Whether or not any electioneering communication is made in coordination, cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee, any political party or committee, or any agent of the candidate, political party, or committee and if so, the identification of any candidate, party, committee, or agent involved. ``(3) Electioneering communication defined.--For purposes of this subsection-- ``(A) In general.--The term `electioneering communication' means any broadcast from a television or radio broadcast station that-- ``(i) refers to a clearly identified candidate for Federal office; ``(ii) is made (or scheduled to be made) within-- ``(I) 60 days before a general, special, or runoff election for such Federal office; or ``(II) 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for such Federal office; and ``(iii) is broadcast from a television or radio broadcast station whose audience includes the electorate for such election, convention, or caucus. ``(B) Exceptions.--Such term shall not include-- ``(i) communications appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless such facilities are owned or controlled by any political party, political committee, or candidate; or ``(ii) communications which constitute expenditures or independent expenditures under this Act. ``(4) Disclosure date defined.--For purposes of this subsection, the term `disclosure date' means-- ``(A) the first date during any calendar year by which a person has made disbursements for electioneering communications aggregating in excess of $10,000; and ``(B) any other date during such calendar year by which a person has made disbursements for electioneering communications aggregating in excess of $10,000 since the most recent disclosure date for such calendar year. ``(5) Contracts to disburse.--For purposes of this subsection, a person shall be treated as having made a disbursement if the person has contracted to make the disbursement. ``(6) Coordination with other requirements.--Any requirement to report under this subsection shall be in addition to any other reporting requirement under this Act.''. SEC. 3. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS. Section 315(a)(7)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(7)(B)) is amended by inserting after clause (ii) the following: ``(iii) if-- ``(I) any person makes, or contracts to make, any payment for any electioneering communication (as defined in section 304(e)(3)); and ``(II) such payment is coordinated with a candidate for Federal office or an authorized committee of such candidate, a Federal, State, or local political party or committee thereof, or an agent or official of any such candidate, party, or committee, such payment or contracting shall be treated as a contribution to such candidate and as an expenditure by such candidate; and''. SEC. 4. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS FOR ELECTIONEERING COMMUNICATIONS. (a) In General.--Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``or for any applicable electioneering communication'' before ``, but shall not include''. (b) Applicable Electioneering Communication.--Section 316 of such Act is amended by adding at the end the following: ``(c) Rules Relating to Electioneering Communications.-- ``(1) Applicable electioneering communication.--For purposes of this section, the term `applicable electioneering communication' means an electioneering communication (as defined in section 304(e)(3)) that is made by-- ``(A) any entity to which subsection (a) applies other than a section 501(c)(4) organization; or ``(B) a section 501(c)(4) organization if such communication is paid for using amounts derived from the conduct of a trade or business or from an entity described in subparagraph (A). ``(2) Special operating rules.--For purposes of paragraph (1), the following rules shall apply: ``(A) An electioneering communication shall be treated as made by an entity described in paragraph (1)(A) if-- ``(i) the entity described in paragraph (1)(A) directly or indirectly disburses any amount for any of the costs of the communication; or ``(ii) any amount is disbursed for the communication by a corporation or organization or a State or local political party or committee thereof that receives anything of value from the entity described in paragraph (1)(A), except that this clause shall not apply to any communication the costs of which are defrayed entirely out of a segregated account to which only individuals can contribute. ``(B) A section 501(c)(4) organization that derives amounts from business activities or from any entity described in paragraph (1)(A) shall be considered to have paid for any communication out of such amounts unless such organization paid for the communication out of a segregated account to which only individuals can contribute. ``(3) Definitions and rules.--For purposes of this subsection-- ``(A) the term `section 501(c)(4) organization' means-- ``(i) an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or ``(ii) an organization which has submitted an application to the Internal Revenue Service for determination of its status as an organization described in clause (i); and ``(B) a person shall be treated as having made a disbursement if the person has contracted to make the disbursement. ``(4) Coordination with internal revenue code.--Nothing in this subsection shall be construed to authorize an organization exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 from carrying out any activity which is prohibited under such Code.''.

Advancing Truth and Accountability in Campaign Communications Act of 2001 - Amends the Federal Election Campaign Act of 1971 to require the filing of a report with the Commissioner of the Federal Election Commission within 24 hours of each date during a calendar year (disclosure date) on which disbursements for electioneering communications exceed an aggregate of $10,000. Defines "electioneering communications" as certain communications broadcast from either a television or radio station that refer to a clearly identified candidate for Federal office.Provides that if any person makes, or contracts to make, any payment for any electioneering communication, and such payment is coordinated with a candidate for Federal office or an authorized committee of such candidate, a Federal, State, or local political party or committee thereof, or an agent or official of any such candidate, party, or committee, then such payment or contracting shall be treated as a contribution to and an expenditure by such candidate.Prohibits, in general, corporate and labor disbursements for applicable electioneering communications.

[ 2, 0, 41245, 7710, 16945, 8, 23572, 1437, 2537, 11, 11068, 6076, 1783, 9, 5155, 111, 1918, 8845, 5, 1853, 7713, 11068, 1783, 9, 16344, 7, 1157, 13, 35, 36, 134, 43, 5, 2982, 30564, 1757, 9, 68, 698, 6, 151, 7, 10, 1984, 13, 18...

SECTION 1. DEFINITION OF INDIAN STUDENT COUNT. Section 117(h) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2327(h)) is amended by striking paragraph (2) and inserting the following: ``(2) Indian student count.-- ``(A) In general.--The term `Indian student count' means a number equal to the total number of Indian students enrolled in each tribally-controlled postsecondary vocational and technical institution, as determined in accordance with subparagraph (B). ``(B) Determination.-- ``(i) Enrollment.--For each academic year, the Indian student count shall be determined on the basis of the enrollments of Indian students as in effect at the conclusion of-- ``(I) in the case of the fall term, the third week of the fall term; and ``(II) in the case of the spring term, the third week of the spring term. ``(ii) Calculation.--For each academic year, the Indian student count for a tribally- controlled postsecondary vocational and technical institution shall be the quotient obtained by dividing-- ``(I) the sum of the credit-hours of all Indian students enrolled in the tribally-controlled postsecondary vocational and technical institution (as determined under clause (i)); by ``(II) 12. ``(iii) Summer term.--Any credit earned in a class offered during a summer term shall be counted in the determination of the Indian student count for the succeeding fall term. ``(iv) Students without secondary school degrees.-- ``(I) In general.--A credit earned at a tribally-controlled postsecondary vocational and technical institution by any Indian student that has not obtained a secondary school degree (or the recognized equivalent of such a degree) shall be counted toward the determination of the Indian student count if the institution at which the student is enrolled has established criteria for the admission of the student on the basis of the ability of the student to benefit from the education or training of the institution. ``(II) Presumption.--The institution shall be presumed to have established the criteria described in subclause (I) if the admission procedures for the institution include counseling or testing that measures the aptitude of a student to successfully complete a course in which the student is enrolled. ``(III) Credits toward secondary school degree.--No credit earned by an Indian student for the purpose of obtaining a secondary school degree (or the recognized equivalent of such a degree) shall be counted toward the determination of the Indian student count under this clause. ``(v) Continuing education programs.--Any credit earned by an Indian student in a continuing education program of a tribally- controlled postsecondary vocational and technical institution shall be included in the determination of the sum of all credit hours of the student if the credit is converted to a credit-hour basis in accordance with the system of the institution for providing credit for participation in the program.''.

Amends the Carl D. Perkins Vocational and Technical Education Act of 1998 with respect to grants to tribally controlled postsecondary vocational and technical institutions that are not receiving federal support under the Tribally Controlled College or University Assistance Act of 1978 or the Navajo Community College Act to provide basic support for the education and training of Indian students. Revises the definition of "Indian student count" (essential to the formula for the determination of grant amounts).

[ 2, 0, 10127, 8845, 5, 6832, 211, 4, 16615, 36413, 5033, 8, 12920, 1437, 36440, 30529, 39594, 1783, 9, 6708, 7, 1157, 13, 5, 1362, 1294, 3212, 7, 28, 3030, 15, 5, 1453, 9, 5, 1362, 9067, 12440, 4, 46233, 5, 1362, 1362, 1294, 7, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Sexual Assault Crimes Revision Act of 2004''. SEC. 2. MILITARY SEXUAL ABUSE. (a) Sexual Abuse.--Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended to read as follows: ``Sec. 920. Art. 120. Sexual abuse ``(a) Any person subject to this chapter who knowingly-- ``(1) causes another person to engage in a sexual act by using force against that other person; ``(2) causes another person to engage in a sexual act by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; ``(3) renders another person unconscious and thereby engages in a sexual act with that other person; or ``(4) administers to another person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance and thereby-- ``(A) substantially impairs the ability of that other person to appraise or control conduct; and ``(B) engages in a sexual act with that other person; is guilty of aggravated sexual abuse and shall be punished as a court- martial may direct. ``(b) Any person subject to this chapter who knowingly engages in a sexual act with another person who has not attained the age of twelve years is guilty of aggravated sexual abuse of a child and shall be punished as a court-martial may direct. In a prosecution under this subsection, it need not be proven that the accused knew that the other person engaging in the sexual act had not attained the age of twelve years. ``(c) Any person subject to this chapter who knowingly-- ``(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); or ``(2) engages in a sexual act with another person if that other person is-- ``(A) incapable of appraising the nature of the conduct; or ``(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual abuse and shall be punished as a court-martial may direct. ``(d)(1) Any person subject to this chapter who knowingly engages in a sexual act with another person who-- ``(A) has attained the age of twelve years but has not attained the age of sixteen years; and ``(B) is not that person's spouse; is guilty of sexual abuse of a minor and shall be punished as a court- martial may direct. ``(2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act. ``(3) In a prosecution under this subsection, it is an affirmative defense that the accused reasonably believed that the other person had attained the age of sixteen years. The accused has the burden of proving a defense under this paragraph by a preponderance of the evidence. ``(e) Any person subject to this chapter who knowingly engages in a sexual act with another person who is-- ``(1) in official detention or confinement; ``(2) under the custodial, supervisory, or disciplinary authority of the person so engaging; and ``(3) is not that person's spouse; is guilty of sexual abuse of a prisoner and shall be punished as a court-martial may direct. ``(f) In this section, the term `sexual act' means-- ``(1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; ``(2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; ``(3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or ``(4) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of sixteen years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.''. (b) Conforming Amendments.--(1) Paragraph (4) of section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended by striking ``rape,'' and inserting ``aggravated sexual abuse, aggravated sexual abuse of a child,''. (2) Subsection (b)(2)(B)(i) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), is amended by striking ``Rape or carnal knowledge'' and inserting ``Aggravated sexual abuse of a child or sexual abuse of a minor''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 47 of title 10, United States Code, is amended by striking the item relating to section 920 and inserting the following new item: ``920. Art. 120. Sexual abuse.''. (d) Effective Date.--The amendments made by this section shall take effect 6 months after the date of the enactment of this Act and apply with respect to offenses committed after such effective date. (e) Interim Maximum Punishments.--Until the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 920 of such title (article 120 of the Uniform Code of Military Justice), as amended by this section, may not exceed the following limits: (1) For aggravated sexual abuse or aggravated sexual abuse of a child, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole. (2) For sexual abuse or sexual abuse of a minor, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for twenty years. (3) For sexual abuse of a prisoner, such punishment may not exceed bad-conduct discharge, forfeiture of all pay and allowances, and confinement for one year. (f) No Preemption.--The prosecution or punishment of an accused for an offense under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), as amended by this section, does not preclude the prosecution or punishment of that accused for any other offense.

Military Sexual Assault Crimes Revision Act of 2004 - Amends the Uniform Code of Military Justice to define as the crime of aggravated sexual abuse engaging in a sexual act: (1) through the use of force; (2) by threatening or placing a person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (3) by rendering another person unconscious; (4) by administering to another person an impairing drug or intoxicant; or (5) with a person under 12 years of age whether or not the accused knew the person's age. Defines as the crime of sexual abuse engaging in a sexual act: (1) by threatening or placing a person in fear (other than in a manner that would constitute aggravated sexual abuse); (2) with a person who is incapable of either appraising the nature of the conduct or physically incapable of declining; or (3) with a person who is at least 12 but under 16 who is not the spouse of the accused whether or not the accused knew the person's age. Establishes as an affirmative defense the accused's reasonable belief that the person was at least 16. Defines sexual abuse of a prisoner as knowingly engaging in a sexual act with a person who is: (1) in official detention or confinement; (2) under the custodial, supervisory, or disciplinary authority of the accused; and (3) is not the accused's spouse. Makes the above crimes punishable by court-martial and sets forth interim maximum punishments for each.

[ 2, 0, 43441, 18600, 27143, 21203, 1437, 50136, 38494, 10699, 1783, 9, 4482, 111, 1918, 8845, 5, 39555, 8302, 9, 10005, 1659, 7, 35, 36, 134, 43, 18262, 5, 6914, 50, 8653, 9, 41, 1238, 13, 10, 1437, 50136, 28744, 1760, 19, 277, 621...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conservation Security Act of 1999''. SEC. 2. CONSERVATION SECURITY PROGRAM. Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.) is amended by adding at the end the following: ``CHAPTER 6--CONSERVATION SECURITY PROGRAM ``SEC. 1240P. CONSERVATION SECURITY PROGRAM. ``(a) In General.--The Secretary shall establish a conservation security program through the use of contracts to assist owners and operators of farms and ranches to promote-- ``(1) conservation of soil, water, and related resources; ``(2) water quality protection and improvement; ``(3) air quality protection and improvement; ``(4) wetland restoration, protection, and creation; ``(5) wildlife habitat development and protection; and ``(6) any similar conservation purpose. ``(b) Eligibility.-- ``(1) In general.--To be eligible to participate in the conservation security program, an owner or operator shall-- ``(A) submit a resource security plan or a livestock nutrient management plan to the Secretary, and obtain the approval of the Secretary for the plan, in accordance with subsection (c); and ``(B) enter into a contract with the Secretary that requires compliance with the plan in accordance with subsection (e). ``(2) Limitation.--An owner or operator shall not be eligible to enter into a contract specifying compliance with a livestock nutrient management plan if the total number of animals raised by the owner or operator exceeds 1,000 animal units, as defined by the Secretary. ``(c) Plans.-- ``(1) Resource security plans.--A resource security plan shall-- ``(A) identify the resources to be secured by the plan; ``(B) describe the class of conservation practices under subsection (d) to be implemented and maintained on the land subject to the contract during the contract period; ``(C) contain a schedule for the implementation and maintenance of the class of conservation practices described in the plan; ``(D) comply with the highly erodible land and wetland conservation requirements of subtitles B and C; and ``(E) contain such other terms as the Secretary may require. ``(2) Livestock nutrient management plans.--A livestock nutrient management plan shall-- ``(A) contain a plan for managing the manure and other organic byproducts produced on the farming or ranching operation of an owner or operator in a manner that protects air, water, and soil quality; and ``(B) contain such other terms as the Secretary may require. ``(3) State and local conservation priorities.--To the maximum extent practicable and in a manner that is consistent with the conservation security program, resource security plans and livestock nutrient management plans shall address the conservation priorities established by the State and locality in which the farming or ranching operation is located. ``(d) Conservation Practices Under Resource Security Plans.-- ``(1) In general.--The Secretary shall establish 3 classes of conservation practices that are eligible for payment under a contract entered into under this section to carry out a resource security plan. ``(2) Inclusion of certain practices.--The Secretary shall include in 1 of the classes of conservation practices-- ``(A) each environmental or conservation practice that is included in the National Handbook of Conservation Practices of the Natural Resources Conservation Service; and ``(B) any other conservation practice the Secretary determines is appropriate. ``(3) Classes.--To carry out this subsection, the Secretary shall establish the following 3 classes of conservation practices (as appropriate for the farm or ranch operation of an owner or operator): ``(A) Class i.--Class I conservation practices shall include-- ``(i) residue management; ``(ii) nutrient management; and ``(iii) environmentally sound grazing. ``(B) Class ii.--Class II conservation practices shall include-- ``(i) Class I conservation practices; ``(ii) comprehensive nutrient management; ``(iii) pesticide management; ``(iv) partial field conservation practices (including windbreaks, grass waterways, shelter belts, filter strips and riparian buffers); and ``(v) intensive grazing and wildlife habitat measures. ``(C) Class iii.--Class III conservation practices shall include-- ``(i) Class I and Class II conservation practices; and ``(ii) such additional conservation practices as are necessary to implement and maintain a total resource management plan that addresses the long-term sustainability of the natural resource base of a farm or ranch operation. ``(e) Contracts.-- ``(1) In general.--On approval of a resource security plan or a livestock nutrient management plan of an owner or operator, the Secretary shall enter into a contract with the owner or operator that specifies-- ``(A) the land subject to the contract; ``(B) in the case of a resource security plan, the class of conservation practices under subsection (d) that will be carried out on the land; and ``(C) in the case of a livestock nutrient management plan, the livestock facilities that are covered by the contract. ``(2) Duration.--Subject to paragraphs (3) and (4), the contract shall be for a term of not less than 3 years nor more than 5 years. ``(3) Revision.--The Secretary may require an owner or operator to modify a resource security plan or livestock nutrient management plan before the expiration of the plan if the Secretary determines that a change made to the size, management, or any other aspect of the farming or ranching operation of the owner or operator would, without the modification, interfere with the conservation security program. ``(4) Renewal.--The contract of the owner or operator may be renewed for successive 5-year periods, at the option of the owner or operator, if-- ``(A) the owner or operator agrees to any modification of the applicable resource security plan or the livestock nutrient management plan that the Secretary determines is necessary to carry out the conservation security program; and ``(B) the Secretary determines that the owner or operator has complied with-- ``(i) the terms and conditions of the applicable resource security plan or a livestock nutrient management plan of the owner or operator; and ``(ii) the terms and conditions of the contract. ``(f) Duties of Owners and Operators.--Under a contract entered into under subsection (e), during the term of the contract, an owner or operator of a farm or ranch shall agree-- ``(1) to implement the applicable resource security plan or livestock nutrient management plan approved by the Secretary; ``(2) to keep such records as the Secretary may require for purposes of evaluation of the implementation of the plan; ``(3) not to engage in any activity that would defeat the purposes of the conservation security program; and ``(4) to forgo incentive payments, rental payments, or easement payments under any other conservation program administered by the Secretary for land subject to the contract, except that the owner or operator shall not otherwise become ineligible for participation in and receipt of cost-share payments under any other conservation program as a result of payments received under this section. ``(g) Duties of Secretary.-- ``(1) Resource security plans.-- ``(A) In general.--Under a contract entered into by an owner or operator under this section to carry out a resource security plan, subject to subparagraph (B), the Secretary shall, for a period of years not in excess of the term of the contract, make an annual rental payment to the owner or operator in an amount equal to-- ``(i) 10 percent of the average county rental rate for the same type of land enrolled under the contract that will be maintained using Class I conservation practices described in subsection (d)(3)(A); ``(ii) 20 percent of the average county rental rate for the same type of land enrolled under the contract that will be maintained using Class II conservation practices described in subsection (d)(3)(B); and ``(iii) 40 percent of the average county rental rate for the same type of land enrolled under the contract that will be maintained using Class III conservation practices described in subsection (d)(3)(C). ``(2) Livestock nutrient management plans.--Under a contract entered into by an owner or operator under this section to carry out a livestock nutrient management plan, the Secretary shall, for a period of years not in excess of the term of the contract, make an annual rental payment to the owner or operator in an amount equal to the product obtained by multiplying-- ``(A) 10 percent of the simple average price received by owners and operators for each type of livestock covered by the plan during the 5 marketing years immediately preceding the year covered by the annual payment; by ``(B) the number of that type of livestock raised by the owner or operator during the year covered by the annual payment. ``(3) Limitation on payments.--The total amount of payments paid to an owner or operator under paragraphs (1) and (2) shall not exceed $50,000 for any fiscal year. ``(4) Technical assistance.--The Secretary shall use not less than 15 percent, nor more than 20 percent, of the funds that are made available to carry out this section for a fiscal year to provide technical assistance to owners and operators entering into contracts under this section. ``(5) Other payments.--Except as otherwise provided in this section, payments received by an owner or operator under this subsection shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under-- ``(A) this Act; ``(B) the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-127), including the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.); ``(C) the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624); or ``(D) the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).''. SEC. 3. EFFECTIVE DATE. (a) In General.--This Act and the amendment made by this Act take effect on October 1, 1999. (b) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this Act and the amendment made by this Act.

Requires a participant to submit a resource security plan or a livestock nutrient management plan. (Limits the size of eligible livestock operations.) Sets forth three classes of resource security plan conservation practices, and bases rental payments upon classes implemented by the participant. Bases livestock nutrient management plan payments on the price and number of livestock covered by the contract.

[ 2, 0, 24514, 26481, 2010, 1783, 9, 6193, 111, 46233, 5, 1863, 9, 8004, 7, 5242, 10, 8360, 1437, 49820, 7471, 21402, 1437, 1437, 1437, 2537, 1437, 1437, 36, 495, 3293, 43, 5799, 573, 563, 4, 46233, 5, 1945, 50, 5364, 9, 10, 3380, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Employment and Training Improvement Act of 1997''. SEC. 2. PLAN REVIEW. The third sentence of section 7 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3406) is amended by striking ``shall have the authority to waive any'' and inserting ``shall waive any statutory requirement,''. SEC. 3. PLAN APPROVAL. Section 8 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3407) is amended-- (1) in the first sentence, by inserting before the period at the end the following: ``(including any request for a waiver that is made as part of the plan submitted by the tribal government)''; and (2) in the second sentence, by inserting before the period at the end the following: ``, including reconsidering the disapproval of any waiver requested by the Indian tribe''. SEC. 4. JOB CREATION ACTIVITIES. Section 9 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3408) is amended-- (1) by inserting ``(a) In General.--'' before ``The plan submitted''; and (2) by adding at the end the following: ``(b) Employment Opportunities.-- ``(1) In general.--Notwithstanding any other provision of law, including any requirement of a program that is integrated under a plan under this Act, a tribal government may use a percentage of the funds made available under this Act (as determined under paragraph (2)) for the creation of employment opportunities, including providing private sector training placement under section 10. ``(2) Determination of percentage.--The percentage of funds that a tribal government may use under this subsection is the greater of-- ``(A) the rate of unemployment in the area subject to the jurisdiction of the tribal government; or ``(B) 10 percent.''. SEC. 5. FEDERAL RESPONSIBILITIES. (a) In General.--Section 11(a) of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3410(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``Bureau of Indian Affairs'' and inserting ``Office of Self- Governance of the Department of the Interior''; (2) in paragraph (4), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(5) ensuring an orderly transition with respect to the administration of the programs integrated under the project in such manner as to eliminate any potential adverse effects of the project on any Indian tribe that-- ``(A) has entered into a self-determination contract (as that term is defined in section 4(j) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(j))); or ``(B) receives funding under this Act.''. (b) Personnel.--In carrying out the amendment made by subsection (a)(1), the Secretary of the Interior shall transfer from the Bureau of Indian Affairs to the Office of Self-Governance of the Department of the Interior such personnel and resources as the Secretary determines to be appropriate. SEC. 6. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE INDIAN ECONOMIC DEVELOPMENT PROGRAMS. Section 18 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3417) is amended-- (1) by striking the section heading and inserting the following: ``SEC. 18. ASSIGNMENT OF FEDERAL PERSONNEL TO INDIAN ECONOMIC DEVELOPMENT PROGRAMS.''; and (2) by inserting ``or Indian tribe'' after ``State'' each place it appears. SEC. 7. CONSOLIDATED ADVISORY COMMITTEES. The Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.) is amended by adding at the end the following: ``SEC. 19. CONSOLIDATED ADVISORY COMMITTEE. ``(a) In General.--The head of each Federal agency specified in section 4 that otherwise has jurisdiction over a program that is integrated under this Act (in accordance with a plan under section 6) shall permit a tribal government that carries out that plan to establish a consolidated advisory committee to carry out the duties of each advisory committee that would otherwise be required under applicable law (including any council or commission relating to private industry) to carry out the programs integrated under the plan. ``(b) Waivers.--As necessary to carry out paragraph (1), each agency head referred to in that paragraph shall waive any statutory requirement, regulation, or policy requiring the establishment of an advisory committee (including any advisory commission or council).''. SEC. 8. ALASKA REGIONAL CONSORTIA. The Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.), as amended by section 7 of this Act, is further amended by adding at the end the following: ``SEC. 20. ALASKA REGIONAL CONSORTIA. ``(a) In General.--Notwithstanding any other provision of law, subject to subsection (b), the Secretary shall permit a regional consortium of Alaska Native villages or regional or village corporations (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) to carry out a project under a plan that meets the requirements of this Act through a resolution adopted by the governing body of each such entity. ``(b) Withdrawal.--Nothing in subsection (a) is intended to prohibit an Alaska Native village or regional or village corporation from withdrawing from participation in any portion of a program conducted pursuant to that subsection at any time after the plan for the program is implemented.''.

Indian Employment and Training Improvement Act of 1997 - Amends the Indian Employment, Training and Related Services Demonstration Act of 1992 to, among other things: (1) allow Indian tribal governments to use a specified percentage of the funds made available under the Act for the creation of employment opportunities, including providing private sector training placement; (2) transfer lead agency responsibility for demonstration projects from the Bureau of Indian Affairs to the Office of Self-Governance of the Department of the Interior; and (3) revise the requirement regarding the assignment of Federal personnel to State Indian economic development programs to provide for Federal personnel assignments to Indian tribes with such programs. Sets forth requirements concerning: (1) Indian tribal government consolidated advisory committees; and (2) Alaska regional consortia.

[ 2, 0, 49134, 5, 1863, 9, 5, 8867, 7, 2937, 31, 5, 4750, 9, 1362, 4702, 7, 5, 1387, 9, 12156, 12, 22469, 2389, 9, 5, 641, 9, 8867, 215, 3775, 8, 1915, 25, 5, 1863, 23483, 3901, 4, 46233, 5, 1863, 7, 35, 36, 134, 43, 27673, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Remediation Waste Act''. SEC. 2. REMEDIATION WASTE MANAGEMENT. (a) In General.--Section 3004 of the Solid Waste Disposal Act is amended by adding the following new subsection at the end thereof: ``(z) Remediation Waste Management.-- ``(1) Definition.--As used in this subsection, the term `remediation waste' means all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments) and debris that contain listed hazardous wastes or that themselves exhibit a hazardous characteristic and are managed for implementing cleanup. ``(2) Coverage of subsection.--Nothing in this subsection shall apply to any solid waste that is not regulated under other provisions of this subtitle. ``(3) Alternative requirements.--As provided in this subsection the Administrator may provide alternative requirements for management of remediation waste in lieu of restrictions under this section or subsections (a) through (e) of section 3005 where appropriate. Such alternative requirements shall be protective of human health and the environment and shall, to the extent feasible, remove disincentives to remediation, streamline regulation, and achieve greater flexibility for State remediation programs. The Administrator may not use the authority of this paragraph to remove or diminish any existing waiver, variance, or exemption from otherwise applicable restrictions on the management of remediation waste. ``(4) EPA rules.--The rules promulgated by the Administrator on November 30, 1998 (63 FR 65874) and on February 16, 1993 (58 FR 8658), as modified on November 30, 1998, shall be deemed to satisfy the requirements of paragraph (3) of this subsection and shall remain in effect unless the Administrator takes action under this subsection to modify such rules. The Administrator shall not publish any proposal to modify the rules referred to in this paragraph before submitting a Report to Congress identifying problems associated with the implementation of such rules. Any such report shall be prepared in consultation with State Governors and after notice and opportunity for public comment on a draft report. ``(5) Land disposal.--Notwithstanding any other provision of this subtitle or any rules adopted pursuant to this subtitle, placement of remediation waste in temporary units, staging piles, or corrective action management units designated under Federal or State authorities shall not be deemed to be engaging in land disposal (as defined in section 3004(k)) and shall not be subject to requirements under section 3004(d), (e), (f), (g), (m), (o)(1)(A), or (o)(2) through (7). ``(6) Additional flexibility and clarification.-- Notwithstanding the rules referred to in paragraph (4), and where appropriate and protective of human health and the environment-- ``(A) temporary units and staging piles may also be designated at another location owned or operated by a person engaged in remediation at the first location to facilitate consolidated management of wastes; ``(B) corrective action management units at one remediation waste management site may be designated to receive remediation waste from another remediation waste management site; and ``(C) a staging pile may be designated and allow for mixing or blending for the primary purposes of consolidation or enhancement of subsequent waste management. ``(7) Authorization for remediation waste management activities.-- ``(A) Authorization mechanisms.--Notwithstanding any other provision of this subtitle, remediation waste management units or activities may be authorized through permits, interim status, orders, or other authorization available under this subtitle, subject to the applicable requirements of this subtitle. Where other provisions of Federal or State law waive the requirement for permits or interim status, remediation waste management activities or units are authorized under this paragraph. ``(B) Effect of authorization.--No authorization, application for authorization, or activity authorized under this paragraph for remediation waste management shall itself subject a person to the requirements of section 3004(u), 3004(v) or section 3008(h).''. (b) Alternative State Remediation Waste Programs.--Section 3006 of the Solid Waste Disposal Act is amended by adding the following at the end thereof: ``(i) Alternative State Remediation Waste Programs.-- ``(1) State submission.-- ``(A) Submission.--(i) At any time after the enactment of this subsection, a State or State agency may administer and enforce a program for management of remediation waste pursuant to a program authorized under subsection (b) or (c) or under a program authorized under this subsection. ``(ii) A State or State agency may submit to the Administrator a demonstration, supported by such documentation as the State considers to be appropriate, that the State has an effective State program for the management of remediation wastes under this subsection which includes each of the following: ``(I) Statutory and regulatory authority to control the management of remediation wastes from generation to disposal in a manner that protects human health and the environment. ``(II) Resources in place to administer and enforce those authorities. ``(III) Procedures to ensure public notice and opportunity for comment as appropriate. ``(B) Determination of approval.-- ``(i) In general.--Not later than 12 months after the date on which a State submits to the Administrator a demonstration under subparagraph (A), after public notice and opportunity for comment, the Administrator shall issue to the State and publish in the Federal Register a determination that-- ``(I) the demonstration meets all of the criteria in subparagraph (A), and the State program is finally authorized under this subsection; or ``(II) the demonstration fails to meet one or more of the criteria stated in subparagraph (A), stating with particularity the elements of the State program that are considered to be deficient. ``(ii) Untimely review.--If the Administrator does not issue a determination under clause (i) within 18 months after the date on which a State submits to the Administrator a demonstration under subparagraph (A), the demonstration shall be considered to meet all of the criteria stated in subparagraph (A), and the State program shall be treated as finally authorized under this subsection. ``(2) Effect of authorization of state program.--Upon authorization of a State remediation waste management program under this subsection, such State may to carry out such program in lieu of the Federal program under this subtitle in such State unless such authorization is withdrawn as provided in subsection (e).''.

Brownfields Remediation Waste Act - Amends the Solid Waste Disposal Act (the Act) to authorize the Administrator of the Environmental Protection Agency to provide alternative requirements for management of remediation waste in lieu of restrictions under the Act or this Act. Defines "remediation waste" as all solid and hazardous wastes and all media and debris that contain listed hazardous wastes or that themselves exhibit a hazardous characteristic and are managed for implementing cleanup. Provides that such requirements shall be protective of health and the environment and remove disincentives to remediation, streamline regulation, and achieve greater flexibility for State remediation programs. Deems specified rules regarding hazardous remediation waste management promulgated by the Administrator on November 30, 1998, to be alternative requirements and to remain in effect unless the Administrator takes action to modify such rules. Prohibits the Administrator from publishing any proposal to modify such rules before reporting to Congress on problems associated with their implementation. Provides that placement of remediation waste in temporary units, staging piles, or corrective action management units designated under Federal or State authorities shall not be deemed to be engaging in land disposal and shall not be subject to specified requirements under the Act regarding hazardous waste management. Authorizes, notwithstanding the rules of November 30, 1998, and where protective of health and environment, the designation of: (1) temporary units and staging piles at another location owned or operated by a person engaged in remediation at the first location to facilitate consolidated waste management; (2) corrective action management units at one remediation waste management site to receive remediation waste from another such site; and (3) a staging pile to allow for mixing or blending for the primary purposes of subsequent waste consolidation or enhancement. Allows remediation waste management units or activities to be authorized through permits, interim status, orders, or other authorization available under the Act. Permits States to administer and enforce remediation waste management programs pursuant to programs authorized under the Act or this Act. Sets forth required elements of such programs. Authorizes States with approved programs to carry out such programs in lieu of the Federal program.

[ 2, 0, 24057, 21346, 8022, 196, 16546, 19916, 1783, 111, 1918, 8845, 5, 19324, 19916, 6310, 30999, 1783, 7, 2703, 5, 19552, 9, 5, 6982, 5922, 3131, 36, 29485, 43, 7, 694, 3626, 22104, 16546, 3844, 1052, 3471, 4, 46233, 5, 19552, 7, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Drug Amendments of 1994''. SEC. 2. UNAPPROVED USES (a) General Rule.--Section 512(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(a)) is amended by adding the following new paragraphs at the end: ``(4)(A) Except as provided in subparagraph (B), if an approval of an application filed under subsection (b) is in effect with respect to a particular use or intended use of a new animal drug, the drug shall not be deemed unsafe for the purposes of paragraph (1) and shall be exempt from the requirements of section 502(f) with respect to a different use or intended use of the drug, other than a use in or on animal feed, if such use or intended use-- ``(i) is by or on the lawful written or oral order of a licensed veterinarian within the context of a veterinarian-client-patient relationship, as defined by the Secretary; and ``(ii) is in compliance with regulations promulgated by the Secretary that establish the conditions for such different use or intended use. Regulations under clause (ii) may prohibit particular uses of an animal drug and shall not permit such different use of an animal drug if the labeling of another animal drug which contains the same active ingredient and which is in the same dosage form and concentration provides for such different use. ``(B) If the Secretary finds that there is a reasonable probability that a use of an animal drug authorized under subparagraph (A) may present a risk to the public health, the Secretary may-- ``(i) establish a safe level for a residue of an animal drug when it is used for such different use authorized by subparagraph (A); and ``(ii) require the development of a practical, analytical method for the detection of residues of the drug above the safe level established under clause (i). The use of an animal drug which results in residues exceeding a safe level established under clause (i) shall be considered an unsafe use of such drug under paragraph (1). Safe levels may be established under clause (i) either by regulation or order. ``(C) The Secretary may by general regulation provide access to the records of veterinarians to ascertain any use or intended use authorized under subparagraph (A) that the Secretary has determined may present a risk to the public health. ``(D) If the Secretary finds, after affording an opportunity for public comment, that a use of an animal drug authorized under subparagraph (A) presents a risk to the public health or that an analytical method required under subparagraph (B) has not been developed and submitted to the Secretary, the Secretary may, by order, prohibit any such use. ``(5) If the approval of an application filed under section 505 is in effect, the drug under such application shall not be deemed unsafe for purposes of paragraph (1) and shall be exempt from the requirements of section 502(f) with respect to a use or intended use of the drug in animals if such use or intended use-- ``(A) is by or on the lawful written or oral order of a licensed veterinarian within the context of a veterinarian-client-patient relationship, as defined by the Secretary; and ``(B) is in compliance with regulations promulgated by the Secretary that establish the conditions for the use or intended use of the drug in animals.''. (b) Other Amendments.-- (1) Section 301.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended-- (A) in paragraph (e), by inserting ``512(a)(4)(C),'' before ``512(j)'', (B) by adding at the end the following: ``(u) The violation of section 512(a)(4)(A), 512(a)(4)(D), or 512(a)(5).''. (2) Section 512(e).--Section 512(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(e) is amended in subparagraph (A), by inserting before the semicolon the following: ``or the condition of use authorized under subsection (a)(4)(A)''. (3) Section 512(l).--Section 512(l)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(l)(1)) is amended by inserting after ``relating to experience'' the following: ``, including experience with uses authorized under subsection (a)(4)(A),''. (c) Regulations.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to implement paragraphs (4)(A) and (5) of section 512(a) of the Federal Food, Drug, and Cosmetic Act (as amended by subsection (a)). (d) Effective Date.--The amendments made by this section shall take effect upon the adoption of final regulations under subsection (c).

Animal Drug Amendments of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to permit the extra-label use of drugs in animals if an approval of an application is in effect with respect to a particular use or intended use of a new animal drug and such use is upon the order of a licensed veterinarian within the context of a veterinarian-client-patient relationship and is in compliance with regulations that establish the conditions for such use. Authorizes the Secretary of Health and Human Services, if the Secretary finds that there is a reasonable probability that such use may present a risk to the public health, to establish a safe level for a residue of an animal drug when used for such different use and require the development of a practical, analytical method for the detection of residues of the drug above the safe level established. Prohibits such use if it results in residues exceeding the safe level.

[ 2, 0, 42820, 8006, 44075, 9, 8148, 111, 1918, 8845, 5, 1853, 3652, 6, 8006, 6, 8, 1437, 43549, 1783, 36, 597, 3134, 43, 7, 18262, 5, 304, 9, 41, 3477, 1262, 61, 775, 11, 44701, 17976, 10, 17966, 1522, 672, 2885, 30, 5, 1863, 4...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Displaced Aircraft Manufacturers Workers Relief Act of 2001''. SEC. 2. DEFINITIONS. In this Act: (1) Affected area.--The term ``affected area'' means an area that the Secretary determines has a substantial number of eligible employees. (2) COBRA continuation coverage.--The term ``COBRA continuation coverage'' means coverage under a group health plan provided by an employer pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, or section 8905a of title 5, United States Code. (3) Eligible employee.--The term ``eligible employee'' means an individual who has become totally or partially separated, or is threatened to become totally or partially separated, from employment with an aircraft manufacturer as a consequence of-- (A) reductions in production as a result of a terrorist action or security measure, as determined by the Secretary; or (B) a closure of an airport in the United States as a result of a terrorist action or security measure, as determined by the Secretary. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) Terrorist action or security measure.--The term ``terrorist action or security measure'' means a terrorist attack on the United States on September 11, 2001, or a security measure taken in response to the attack. (6) Other terms.--The terms defined in section 247 of the Trade Act of 1974 shall apply in this Act. SEC. 3. PETITIONS AND DETERMINATIONS. (a) Petitions.--A petition for a certification of eligibility to apply for adjustment assistance under this Act may be filed with the Secretary by a group of workers or by their certified or recognized union or other duly authorized representative. The Secretary shall comply with the notice and hearing requirements of section 221 of the Trade Act of 1974 with respect to the petition. (b) Certification.--The Secretary shall certify a group of workers as eligible to apply for adjustment assistance under this Act if the Secretary determines that a significant number or proportion of the workers in such workers' firm or an appropriate subdivision of the firm are eligible employees. (c) Determinations.--As soon as possible after the date on which a petition is filed under subsection (a), but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of subsection (b) and shall issue a certification of eligibility to apply for adjustment assistance under this Act covering workers in any group that meets such requirements. The Secretary shall issue and terminate such certifications in accordance with section 223 of the Trade Act of 1974. (d) Information.--The Secretary shall provide the information, assistance, and notice described in section 225 of the Trade Act of 1974 with respect to certifications made under subsection (b), and agreements entered into and benefits available under this Act. SEC. 4. PROGRAM BENEFITS. (a) Determinations.--The Secretary shall determine, with respect to an eligible employee covered by a certification issued by the Secretary under section 3, whether-- (1) the employee is unlikely to return to the industry involved; (2) the employee is likely to return to that industry, but unlikely to return to the employee's previous occupation in the industry; or (3) the employee is likely to return to that occupation. (b) Different Industry or Occupation.--If the Secretary determines that an eligible employee described in subsection (a) meets the requirements of paragraph (1) or (2) of subsection (a) and engages in appropriate job search activities, and that the employee and any training approved by the Secretary for the employee meet the requirements of paragraphs (1) and (3) of section 236(a) of the Trade Act of 1974, the employee shall be provided, in the same manner and to the same extent as an employee covered under a certification under subchapter A of chapter 2 of title II of the Trade Act of 1974, 1 or more of the following: (1) Employment services described in section 235 of the Trade Act of 1974 (including, in the case of an eligible employee in an affected area, employment services provided through programs developed and conducted through partnerships between public agencies, employers, and labor organizations). (2) Training that consists of-- (A) training (including supplemental assistance) described in section 236 of the Trade Act of 1974, notwithstanding the provisions of section 236(a)(2) of such Act; (B) training for a position requiring different technical skill than the original position; or (C) in the case of an eligible employee in an affected area, training provided through programs developed and conducted through partnerships between public agencies, employers, and labor organizations. (3) Readjustment allowances described in sections 231 through 234 of the Trade Act of 1974, except that-- (A) an eligible employee is not required to enroll in training to receive such an allowance; (B) the reference in section 233(a)(1) of the Trade Act of 1974 to ``52'' shall be considered to be a reference to ``78''; and (C) no employee shall receive additional weeks of assistance under section 233(a)(3) of such Act. (4) Job search allowances described in section 237 of the Trade Act of 1974. (c) Same Industry and Occupation.--If the Secretary determines that an eligible employee described in subsection (a) meets the requirements of subsection (a)(3), the employee shall be provided, in the same manner and to the same extent as an employee covered under a certification under subchapter A of chapter 2 of title II of the Trade Act of 1974, 1 or more of the following: (1) Employment services described in section 235 of the Trade Act of 1974 (including, in the case of an eligible employee in an affected area, employment services provided through programs developed and conducted through partnerships between public agencies, employers, and labor organizations). (2) Readjustment allowances described in sections 231 through 234 of the Trade Act of 1974, except that-- (A) an eligible employee is not required to enroll in training to receive such an allowance; (B) the reference in section 233(a)(1) of the Trade Act of 1974 to ``52'' shall be considered to be a reference to ``78''; and (C) no employee shall receive additional weeks of assistance under section 233(a)(3) of such Act. (d) Employees Not Eligible for Unemployment Insurance.--An eligible employee who is totally separated from employment in a State who does not meet the requirements of paragraphs (2) through (4) of section 231(a) of the Trade Act of 1974 shall be provided only an allowance, for a period of 26 weeks, in the amount of the average weekly benefit received by an individual in the State under the State unemployment insurance program during the most recent 52-week period for which data are available. (e) COBRA Continuation Coverage.--In the case of an individual who is eligible for benefits under subsection (b) or (c), the Secretary shall provide for payment of premiums for COBRA continuation coverage with respect to such individual. Such payment may be made through appropriate direct payment arrangements with the group health plan or health insurance issuer involved. The Secretary may require documentation of election of benefits or proof of premium payment. (f) Optional Temporary Medicaid Coverage for Uninsured Eligible Employees.-- (1) In general.--Notwithstanding any other provision of law, a State may elect to provide, under its medicaid program under title XIX of the Social Security Act, medical assistance in the case of an individual who is eligible for benefits under subsection (b) or (c), who is not eligible for COBRA continuation coverage, and who is uninsured. For purposes of this subsection, an individual is considered to be uninsured if the individual is not covered under a group health plan, health insurance coverage, or under such program or a program under title XVIII or XXI of such Act. (2) Limitation to 18 months of coverage.--Assistance under this subsection shall end with respect to an individual on the earlier of-- (A) the date the individual is no longer uninsured; or (B) 18 months after the date the individual is first determined to be eligible for medical assistance under this subsection. (3) Special rules.--In the case of medical assistance provided under this subsection-- (A) the Federal medical assistance percentage under section 1905(b) of the Social Security Act shall be 100 percent; (B) a State may elect to disregard any income, asset, or resource limitation imposed under the State medicaid plan or under title XIX of such Act; (C) such medical assistance shall not be provided for periods before the date the individual is determined eligible for such assistance; (D) a State may elect to make eligible for such assistance a dependent spouse or children of an individual eligible for medical assistance under paragraph (1), if such spouse or children are uninsured; and (E) individuals eligible for medical assistance under this subsection shall be deemed to be described in the list of individuals described in the matter preceding paragraph (1) of section 1905(a) of such Act. SEC. 5. ADMINISTRATION. The provisions of subchapter C of chapter 2 of title II of the Trade Act of 1974 shall apply to the administration of the program under this Act in the same manner and to the same extent as such provisions apply to the administration of the program under subchapters A and B of chapter 2 of title II of the Trade Act of 1974, except that-- (1) the agreement between the Secretary and the States described in section 239 of the Trade Act of 1974 shall specify the procedures that will be used to carry out the certification process under section 3, the procedures for providing relevant data by the Secretary to assist the States in making preliminary findings under section 3, and the adjustment assistance described in section 4; (2) the provisions of such subchapter C relating to training shall not be applicable under this Act; and (3) the provisions of such subchapter shall apply to COBRA continuation coverage under section 4(e) to the extent specified by the Secretary. SEC. 6. REGULATIONS. The Secretary-- (1) may issue interim regulations to carry out this Act, notwithstanding chapters 5 and 7 of title 5, United States Code; and (2) shall issue final regulations to carry out this Act in accordance with such chapters. SEC. 7. APPLICATION AND CONSTRUCTION. (a) Application.--For purposes of applying provisions of chapter 2 of title II of the Trade Act of 1974 under this Act, references in such chapter-- (1) to a worker shall be considered to be references to an eligible employee; (2) to a benefit shall be considered to be references to the corresponding benefit provided under this subsection to an eligible employee; and (3) to a provision of chapter 2 of title II of the Trade Act of 1974 shall be considered to be references to the corresponding provision of this Act. (b) Construction.-- (1) No impact on trade adjustment assistance.--Nothing in this Act shall be construed to modify or affect title II of the Trade Act of 1974. (2) No impact on existing agreements and benefits.--Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any collective bargaining agreement or any employment benefit program or plan.

Displaced Aircraft Manufacturers Workers Relief Act of 2001 - Authorizes certain groups of workers who have become totally or partially separated (or who are threatened with total or partial separation) from employment with an aircraft manufacturer as a result of reductions in production or closure of an airport due to a terrorist action or security measures to petition the Secretary of Labor for a certification of eligibility to apply for adjustment assistance (similar to trade adjustment assistance under the Trade Act of 1974). Provides certain benefits (employment services, job training, and readjustment allowances) to eligible workers meeting certain eligibility requirements.Provides eligible workers who do not meet certain requirements for State unemployment compensation with a limited readjustment allowance under this Act.Provides for payment of premiums for COBRA health care continuation coverage of eligible workers. Authorizes a State to elect to provide medical assistance under its Medicaid program under title XIX of the Social Security Act for eligible workers who are not eligible for COBRA health care continuation coverage, and who are uninsured.

[ 2, 0, 26402, 12459, 25221, 13370, 10368, 1437, 50136, 12, 21461, 268, 21164, 1783, 9, 5155, 111, 46233, 5, 1863, 9, 6338, 7, 33446, 10, 333, 9, 1138, 1437, 50132, 12, 32198, 5421, 54, 32, 45, 4973, 13, 215, 3485, 223, 5, 4466, 178...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Gang Activity Act of 2004''. SEC. 2. AMENDMENT TO TITLE 18. Section 922(g) of title 18, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' after the semicolon; (2) in paragraph (9), by striking the comma at the end and inserting ``; or''; and (3) by adding after paragraph (9) the following: ``(10) who participates in a criminal street gang as described in subsection (z);''. SEC. 3. CRIMINAL STREET GANGS. Section 922 of title 18, United States Code, is amended by adding at the end thereof the following: ``(z) As used in subsection (g)(10): ``(1) The term `criminal street gang' means a formal or informal group, club, organization, or association of 3 or more individuals, who act in concert, or agree to act in concert, with a purpose that any of these persons alone, or in any combination, commit or will commit, 2 or more predicate gang crimes, 1 of which occurs after the date of enactment of this subsection and the last of which occurs not later than 10 years (excluding any period of imprisonment) after the commission of a prior predicate gang crime, provided that the activities of the criminal street gang affect interstate or foreign commerce. ``(2) The term `predicate gang crime' means-- ``(A) any act or threat, or attempted act or threat, which is chargeable under Federal or State law and punishable by imprisonment for more than 1 year, involving murder, attempted murder, manslaughter, gambling, kidnapping, robbery, extortion, arson, obstruction of justice, tampering with or retaliating against a witness, victim, or informant, burglary, sexual assault, carjacking, or manufacturing, importing, distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemicals (as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(B) any act punishable by imprisonment for more than 1 year under section 844 (relating to explosive materials), section 922(g)(1) (where the underlying conviction is a serious violent felony (as defined in section 3559(c)(2)(F) of this title) or is a serious drug offense (as defined in section 942(e)(2)(A) of this title), or subsection (a)(2), (b), (c), (g), or (h) of section 924 (relating to receipt, possession, and transfer of firearms), sections 1028 and 1029 (relating to fraud and related activity in connection with identification documents or access devices), section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations), section 1512 (relating to tampering with a witness, victim, or informant), or section 1513 (relating to retaliating against a witness, victim, or informant), section 1951 (relating to interference with commerce, robbery or extortion), section 1952 (relating to racketeering), section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire), sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property); or ``(C) any act involving the Immigration and Nationality Act, section 274 (relating to brining in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose). ``(3) The term `State' means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(4) The term `participates in a criminal street gang' means-- ``(A) to participate in a criminal street gang by committing, or conspiring or attempting to commit, 2 or more predicate gang crimes-- ``(i) in furtherance or in aid of the activities of a criminal street gang; or ``(ii) for the purpose of gaining entrance to or maintaining or increasing position in such a gang; or ``(B) to employ, use, command, counsel, persuade, induce, entice, or coerce any individual to commit, cause to commit, or facilitate the commission of, a predicate gang crime-- ``(i) in furtherance or in aid of the activities of a criminal street gang; or ``(ii) for the purpose of gaining entrance to or maintaining or increasing position in such a gang.''.

Criminal Gang Activity Act of 2004 - Amends the Brady Handgun Violence Prevention Act to prohibit anyone who participates in a criminal street gang from possessing firearms or ammunition. Defines such participation as committing, or conspiring or attempting to commit, two or more predicate gang crimes, or inducing or facilitating the commission of a predicate gang crime, in furtherance of gang activities or for the purpose of gang membership or position.

[ 2, 0, 347, 38830, 13474, 26313, 1783, 9, 1437, 36440, 28784, 34972, 111, 1918, 8845, 5, 315, 532, 10203, 8302, 7, 1157, 10, 621, 7, 4064, 11, 10, 1837, 2014, 5188, 30, 35, 36, 134, 43, 6051, 11, 10, 4828, 50, 1437, 44656, 196, 1...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Colorado River Multi-Species Conservation Program Act''. SEC. 2. DEFINITIONS. In this Act: (1) Lower colorado river multi-species conservation program.--The term ``Lower Colorado River Multi-Species Conservation Program'' or ``LCR MSCP'' means the cooperative effort on the Lower Colorado River between Federal and non- Federal entities in Arizona, California, and Nevada approved by the Secretary of the Interior on April 2, 2005. (2) Lower colorado river.--The term ``Lower Colorado River'' means the Colorado River from Lake Mead to the Southerly International Boundary with Mexico, including its historic floodplain and its mainstem reservoirs to their full pool elevations. (3) Program documents.--The term ``Program Documents'' means the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact Statement/Environmental Impact Report, Funding and Management Agreement, Implementing Agreement, and Section 10(a)(1)(B) Permit issued and, as applicable, executed in connection with the LCR MSCP. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means each of the States of Arizona, California, and Nevada. (6) Steering committee.--The term ``Steering Committee'' means the LCR MSCP steering committee established pursuant to the Program Documents. SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING. (a) Implementation.--The Secretary shall manage and implement the LCR MSCP in accordance with the Program Documents. (b) Water Accounting.--The Secretary is authorized and directed to enter into an agreement with the States providing for the use of water from the Lower Colorado River for habitat creation and maintenance in accordance with the Program Documents. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary such sums as may be necessary to meet the obligations of the Secretary under the Program Documents, to remain available until expended. (b) Investments.--The Secretary is authorized to invest with the Secretary of the Treasury such portions of appropriations, and any non- Federal contributions made pursuant to the Program Documents, as are not, in the judgment of the Secretary, required to meet current expenditures. Such investments shall be made only in interest-bearing obligations of the United States. Funds invested under this subsection and interest on those funds shall be available to the Secretary to meet the obligations of the Secretary under the Program Documents. (c) Non-Reimbursable and Non-Returnable.--All amounts appropriated to and expended by the Secretary for the LCR MSCP shall be non- reimbursable and non-returnable. SEC. 5. APPLICABLE LAW, CONTINUITY OF PROGRAM, ENFORCEABILITY OF PROGRAM DOCUMENTS. (a) In General.--Nothing in this Act shall impair any right to the delivery or beneficial consumptive use of Colorado River water under any compact, treaty, law, decree, or contract in effect on the date of enactment of this Act. (b) Continuity of Program Documents.--No future act of Congress relating to Public Law 93-205 (16 U.S.C. 1531 et seq.) shall have the effect of modifying the Program Documents unless expressly made applicable to the LCR MSCP. (c) Enforceability of Program Documents.--Any party to any agreement entered into with the United States or any agency thereof pursuant to the LCR MSCP may commence a civil action in United States district court to enforce the agreement or to declare the rights and obligations of the parties under the Program Documents. The district court shall have jurisdiction of such actions and may issue such orders, judgments, and decrees as are consistent with the court's exercise of jurisdiction under this section. The United States or any agency thereof may be named as a defendant in such actions. The sovereign immunity of the United States is waived for purposes of actions commenced pursuant to this section. Nothing in this section waives the sovereign immunity of the United States to claims for money damages, monetary compensation, the provision of indemnity, or any claim seeking money from the United States. Any suit pursuant to this section may be brought in any United States district court in the State in which any non-Federal party to the suit is situated. (d) Applicable Law.--Nothing in this Act affects the enforceability of the requirement that the Program Documents comply with existing law as of April 2, 2005, except that the Steering Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

Lower Colorado River Multi-Species Conservation Program Act - Directs the Secretary of the Interior to manage and implement the Lower Colorado River Multi-Species Conservation Program, and to enter into an agreement with Arizona, California, and Nevada providing for the use of water from the Lower Colorado River for habitat creation and maintenance, in accordance with the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact Statement/Environmental Impact Report, Funding and Management Agreement, Implementing Agreement (Agreement). Permits any party to an agreement entered into with the United States pursuant to the Program to commence a civil action in U.S. district court to enforce the agreement or to declare the rights and obligations of the parties under the program documents. Grants the district court jurisdiction over any such action.

[ 2, 0, 44620, 16858, 2102, 1995, 19268, 12, 29235, 32510, 12978, 4928, 1783, 111, 46233, 5, 1863, 9, 5, 8867, 7, 35, 36, 134, 43, 23209, 5, 4928, 32682, 3867, 28706, 156, 1437, 49820, 3340, 5895, 868, 7, 5, 226, 9822, 256, 48091, 4...

SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``Home Lead Safety Tax Credit Act of 2003''. (b) Findings.--Congress finds that: (1) Of the 98,000,000 housing units in the United States, 38,000,000 have lead-based paint. (2) Of the 38,000,000 housing units with lead-based paint, 25,000,000 pose a hazard, as defined by Environmental Protection Agency and Department of Housing and Urban Development standards, due to conditions such as peeling paint and settled dust on floors and windowsills that contain lead at levels above Federal safety standards. (3) Though the number of children in the United States ages 1 through 5 with blood levels higher than the Centers for Disease Control action level of 10 micrograms per deciliter has declined to 300,000, lead poisoning remains a serious, entirely preventable threat to a child's intelligence, behavior, and learning. (4) The Secretary of Health and Human Services has established a national goal of ending childhood lead poisoning by 2010. (5) Current Federal lead abatement programs, such as the Lead Hazard Control Grant Program of the Department of Housing and Urban Development, only have resources sufficient to make approximately 7,000 homes lead-safe each year. In many cases, when State and local public health departments identify a lead- poisoned child, resources are insufficient to reduce or eliminate the hazards. (6) Approximately 15 percent of children are lead-poisoned by home renovation projects performed by remodelers who fail to follow basic safeguards to control lead dust. (7) Old windows typically pose significant risks because wood trim is more likely to be painted with lead-based paint, moisture causes paint to deteriorate, and friction generates lead dust. The replacement of old windows that contain lead based paint significantly reduces lead poisoning hazards in addition to producing significant energy savings. (c) Purpose.--The purpose of this section is to encourage the safe removal of lead hazards from homes and thereby decrease the number of children who suffer reduced intelligence, learning difficulties, behavioral problems, and other health consequences due to lead- poisoning. SEC. 2. LEAD ABATEMENT TAX CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. HOME LEAD ABATEMENT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter an amount equal to 50 percent of the abatement cost paid or incurred by the taxpayer during the taxable year for each eligible dwelling unit of the taxpayer. ``(b) Limitation.--The amount of the credit allowed under subsection (a) for any eligible dwelling unit shall not exceed-- ``(1) $1,500, over ``(2) the aggregate cost taken into account under subsection (a) with respect to such unit for all preceding taxable years. ``(c) Definitions and Special Rules.--For purposes of this section: ``(1) Abatement cost.-- ``(A) In general.--The term `abatement cost' means, with respect to any eligible dwelling unit-- ``(i) the cost for a certified risk assessor to conduct an assessment to determine the presence of a lead-based paint hazard, ``(ii) the cost for a certified lead abatement supervisor to perform the removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of soil when lead-based paint hazards are present in such paint, dust, or soil, ``(iii) the cost for a certified lead abatement supervisor to perform all preparation, cleanup, disposal, and postabatement clearance testing activities associated with the activities described in clause (ii), and ``(iv) costs incurred by or on behalf of any occupant of such dwelling unit for any relocation which is necessary to achieve occupant protection (as defined under section 1345 of title 24, Code of Federal Regulations). ``(B) Limitation.--The term `abatement cost' does not include any cost to the extent such cost is funded by any grant, contract, or otherwise by another person (or any governmental agency). ``(2) Eligible dwelling unit.-- ``(A) In general.--The term `eligible dwelling unit' means any dwelling unit-- ``(i) placed in service before 1978, ``(ii) located in the United States, and ``(iii) determined by a certified risk assessor to have a lead-based paint hazard. ``(B) Dwelling unit.--The term `dwelling unit' has the meaning given such term by section 280A(f)(1). ``(3) Lead-based paint hazard.--The term `lead-based paint hazard' has the meaning given such term under part 745 of title 40, Code of Federal Regulations. ``(4) Certified lead abatement supervisor.--The term `certified lead abatement supervisor' means an individual certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(5) Certified inspector.--The term `certified inspector' means an inspector certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(6) Certified risk assessor.--The term `certified risk assessor' means a risk assessor certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(7) Documentation required for credit allowance.--No credit shall be allowed under subsection (a) with respect to any eligible dwelling unit unless-- ``(A) after lead abatement is complete, a certified inspector or certified risk assessor provides written documentation to the taxpayer that includes-- ``(i) a certification that the postabatement procedures (as defined by section 745.227 of title 40, Code of Federal Regulations) have been performed and that the unit does not contain lead dust hazards (as defined by section 745.227(e)(8)(viii) of title 40, Code of Federal Regulations), and ``(ii) documentation showing that the lead abatement meets the requirements of this section, and ``(B) the taxpayer files with the appropriate State agency-- ``(i) the documentation described in subparagraph (A), ``(ii) a receipt from the certified risk assessor documenting the costs of determining the presence of a lead-based paint hazard, ``(iii) a receipt from the certified lead abatement supervisor documenting the abatement cost (other than the costs described in paragraph (1)(A)(i)), and ``(iv) a statement indicating the age of the dwelling unit. ``(8) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(d) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under subpart A and sections 27, 29, 30, and 30A for the taxable year. ``(e) Carryforward Allowed.-- ``(1) In general.--If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (referred to as the `unused credit year' in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. ``(2) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1).''. (b) Conforming Amendments.-- (1) Section 1016(a) is amended by striking ``and'' in paragraph (27), by striking the period and inserting ``, and'' in paragraph (28), and by inserting at the end the following new paragraph: ``(29) in the case of an eligible dwelling unit with respect to which a credit for lead abatement was allowed under section 30B, to the extent provided in section 30B(c)(8).''. (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Home lead abatement.''. (c) Effective Date.--The amendments made by this section shall apply to abatement costs incurred after December 31, 2003, in taxable years ending after that date.

Home Lead Safety Tax Credit Act of 2003 - Amends the Internal Revenue Code to provide owners of residential properties built in the United States before 1978 with a tax credit for lead-based paint abatement costs performed by a certified lead abatement contractor (50 percent of the cost of the abatement, not to exceed $1,500 per dwelling unit).

[ 2, 0, 49134, 5, 11827, 7, 35, 36, 134, 43, 694, 10, 9785, 810, 1437, 44656, 1437, 1437, 1437, 2537, 1437, 1437, 50141, 1437, 1437, 479, 36, 176, 43, 694, 1982, 335, 7, 5, 11827, 4, 178, 36, 246, 43, 694, 5, 11827, 19, 10, 1092...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Now Tax Cut Act of 2010''. SEC. 2. PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED WORKERS. (a) In General.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Exemption for Certain Individuals Hired in 2010.-- ``(1) In general.--Subsection (a) shall not apply to wages paid by a qualified employer with respect to employment during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2010, of any qualified individual for services performed-- ``(A) in a trade or business of such qualified employer, or ``(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501. ``(2) Qualified employer.--For purposes of this subsection, the term `qualified employer' means any employer other than the United States, any State, any local government, or any instrumentality of the foregoing. ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after February 3, 2010, and before January 1, 2011, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment, ``(C) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(D) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (b) Coordination With Work Opportunity Credit.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Coordination with payroll tax forgiveness.--The term `wages' shall not include any amount paid or incurred to a qualified individual (as defined in section 3111(d)(3)) during the 1-year period beginning on the hiring date of such individual by a qualified employer (as defined in section 3111(d)) unless such qualified employer makes an election not to have section 3111(d) apply.''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Effective Date.--The amendments made by this section shall apply to wages paid after the date of the enactment of this Act. SEC. 3. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED INDIVIDUALS IN 2010. (a) In General.--In the case of any taxable year ending after the date of the enactment of this Act, the current year business credit determined under section 38(b) of the Internal Revenue Code of 1986 for such taxable year shall be increased by an amount equal to the product of-- (1) $1,000, and (2) the number of retained workers with respect to which subsection (b)(2) is first satisfied during such taxable year. (b) Retained Worker.--For purposes of this section, the term ``retained worker'' means any qualified individual (as defined in section 3111(d)(3) of the Internal Revenue Code of 1986)-- (1) who was employed by the taxpayer on any date during the taxable year, (2) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, and (3) whose wages for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period.

Hire Now Tax Cut Act of 2010 - Amends the Internal Revenue Code to: (1) exempt for-profit and nonprofit employers from social security taxes in 2010 for new employees who are hired after February 3, 2010, and before January 1, 2011, and who certify that they have not worked more than 40 hours during the last 60 days; and (2) allow an increase in the general business tax credit for the retention of such employees for at least one year at specified wage levels. Appropriates to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under title II of the Social Security Act amounts necessary to cover any reduction in revenues resulting from the tax exemptions provided by this Act.

[ 2, 0, 725, 1885, 978, 6394, 13621, 1783, 9, 1824, 111, 1918, 8845, 5, 18387, 5833, 8302, 7, 694, 13, 10, 780, 629, 1361, 13, 1402, 2172, 54, 35, 36, 134, 43, 1642, 4042, 19, 10, 6048, 8850, 8, 36, 176, 43, 555, 10, 6048, 3200,...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Supply Chain Management and Transparency Act of 2014''. SEC. 2. SOFTWARE, FIRMWARE, OR PRODUCT WITH KNOWN SECURITY VULNERABILITIES OR DEFECTS. (a) OMB Guidelines Required.-- (1) Clauses required in software, firmware, or product contracts for software, firmware, or product created with a binary component.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and any other intelligence or national security agency the Director determines to be necessary, shall issue guidelines for each agency that require including the following clauses in any contract for the acquisition of software, firmware, or product that contains a binary component: (A) Component list.--A clause that requires the inclusion of a comprehensive and confidentially supplied list, or a bill of materials, of each binary component of the software, firmware, or product that is used in the software, firmware, or product. (B) Verification required.--A clause that requires the contractor providing the software, firmware, or product-- (i) to verify that the software, firmware, or product does not contain any known security vulnerabilities or defects that are listed in the National Institute of Standards and Technology National Vulnerability Database and any additional database selected by the Director of the Office of Management and Budget (that is credible and similar to the National Vulnerability Database) that tracks security vulnerabilities and defects in a binary component, and that is necessary to capture a wider list of binary components (with known security vulnerabilities or defects and for which a less vulnerable alternative is available); and (ii) to notify the purchasing agency of any known security vulnerabilities or defects discovered through the verification required under clause (i). (C) Waiver.--A clause that requires-- (i) a contractor to submit a written application, and obtain a waiver, for each binary component that is known to be vulnerable from the head of the purchasing agency; and (ii) if the head of the purchasing agency approves the waiver, such head shall provide the contractor with a written statement that the agency accepts all of the risk associated with the use of such binary component. (D) Updates.--A clause that requires such software, firmware, or product to be written or designed in a manner that allows for any future security vulnerability or defect in any part of the software, firmware, or product to be easily patched, updated, or replaced to fix the vulnerability or defect in the software, firmware, or product. (E) Timely repair.--A clause that requires the contractor to provide a repair in a timely manner with regard to any new security vulnerability discovered through any of the databases described in subparagraph (B). (2) Disclosure of security vulnerability or defect.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidelines for each agency with respect to any software, firmware, or product in use by the United States Government that contains a binary component that requires each agency to have a process-- (A) to replace any currently known vulnerable binary component; and (B) to remove and repair any new vulnerable binary component after such component becomes known pursuant to paragraph (1)(B). (3) Agency guidelines.-- (A) Software, firmware, or product that can not be fixed or patched.--Not later than 220 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidelines for each agency with respect to any software, firmware, or product that contains a known vulnerable binary component-- (i) that can not be fixed, patched, or updated; and (ii) that requires such component, to migrate to patchable, repairable, and fixable products. (B) Inventory of existing software, firmware, or product with a known vulnerable binary component.--Not later than 20 months after the date of the enactment of this Act, the Director of the Office of Budget of Management shall instruct each agency to provide the relevant office in the Department of Homeland Security with a list of each known vulnerable binary in any software, firmware or product in use by each agency. (C) Analysis of project integrity and annual report.--Not later than twelve months after all lists described in subparagraph (B) are provided to the Department of Homeland Security, the Secretary of Homeland Security shall issue an annual confidential report describing the security vulnerabilities of the projects that created any known vulnerable binary component in any list described in subparagraph (B) and through the verification required under paragraph (1)(B). The report shall assess the integrity of binary component suppliers for the incidence of security vulnerabilities, the severity, the mean time to remediate such vulnerabilities that can be applied to assess the security of binary projects and suppliers, for use by other agencies. (b) Report on Removal of Binary Component With Known Security Vulnerability or Defect.--Not later than 30 months after the date of the enactment of this Act, the head of each agency shall submit to each relevant Committee of jurisdiction in the House of Representatives and the Senate a report on the completion of the removal of each binary component with known security vulnerabilities or defects in the agency and shall include a classified version of this report for the Permanent Select Committee on Intelligence and the Committees on Armed Services, Foreign Affairs, and Homeland Security of the House of Representatives and the Select Committee on Intelligence and the Committees on Armed Services, Foreign Affairs, and Homeland Security and Governmental Affairs of the Senate. The report shall also detail the policies, procedures, and processes by which a newly discovered vulnerable binary component is replaced in software, firmware, and products in use by the United States Government. (c) Other Entities of the United States Government.--Any other entity of the United States Government-- (1) shall replace any vulnerable binary component with another less vulnerable alternative in any software, firmware, or product in use by the entity; and (2) shall begin such replacement process with critical systems. (d) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term in section 551(1) of title 5, United States Code. (2) Binary component.--The term ``binary component'' means a third party or open source component.

Cyber Supply Chain Management and Transparency Act of 2014 - Requires the Office of Management and Budget (OMB) to issue guidelines for agencies that contract to acquire software, firmware, or products containing a third party or open source binary component. Requires binary component contracts to include clauses requiring: a confidentially supplied list, or a bill of materials, of each binary component that is used in the software, firmware, or product; the contractor to verify that products do not contain known security vulnerabilities and to notify the purchasing agency of any known vulnerabilities or defects; the contractor to obtain a waiver from the purchasing agency for components known to be vulnerable; an agency approving a vulnerability waiver to accept all risk associated with component use; product designs to allow fixes with patches, updates, or replacements; and the contractor to provide timely repairs for discovered vulnerabilities. Directs the OMB to issue guidance requiring agencies: (1) to replace components with currently known vulnerabilities and to remove or repair any new vulnerable components that become known; and (2) to migrate to patchable, repairable, and fixable products. Requires agencies to provide the Department of Homeland Security (DHS) with a list of each known vulnerable component in any product in use by the agencies. Directs DHS to issue an annual confidential report describing the security vulnerabilities of projects that created any known vulnerable component. Requires the report to assess the integrity of component suppliers for the incidence of security vulnerabilities for use by other agencies. Requires agencies, within 30 months after enactment of this Act, to report to Congress regarding the completion of the removal of each known vulnerable or defective component. Directs other entities of the U.S. government to replace vulnerable components with less vulnerable alternatives.

[ 2, 0, 25826, 1943, 13612, 18610, 1753, 8, 1437, 50136, 19163, 24470, 1783, 9, 777, 111, 46233, 5, 1678, 9, 5, 1387, 9, 5, 12412, 1292, 36, 7111, 534, 43, 7, 6471, 7, 5, 384, 8651, 10, 266, 15, 5, 5687, 9, 5, 7129, 9, 349, 32...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wall Street Fair Share Act''. SEC. 2. TRANSACTION TAX. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Securities Transactions ``Sec. 4475. Tax on securities transactions. ``SEC. 4475. TAX ON SECURITIES TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed a tax on each covered transaction with respect to any security. ``(b) Rate of Tax.-- ``(1) Security.-- ``(A) In general.--Except as otherwise provided in this subsection, the rate of such tax shall be equal to 0.25 percent of the fair market value of the security. ``(B) Derivatives.--In the case of a security described in subsection (d)(1)(D), the rate of such tax shall be equal to 0.25 percent of the fair market value of the underlying property with respect to, or the notional principal amount of, the derivative financial instrument involved in such transaction. ``(C) Short-term debt instruments.--In the case of a covered transaction with respect to a security described in subsection (d)(1)(C) which has a fixed maturity date not more than 1 year from the date of issue, the rate of such tax shall be equal to 0.02 percent of the fair market value of such security. ``(2) Hedging transaction.--In the case of any covered transaction which is a hedging transaction (within the meaning of section 1221(a)(7)), subparagraphs (A) and (B) of paragraph (1) shall each be applied by substituting `0.02 percent' for `0.25 percent'. ``(c) Covered Transaction.--For purposes of this section, the term `covered transaction' means-- ``(1) except as provided in paragraph (2), any purchase if-- ``(A) such purchase occurs on a trading facility located in the United States, or ``(B) the purchaser or seller is a United States person, or ``(2) any transaction with respect to a security described in subsection (d)(1)(D), if any party with rights under such security is a United States person or if such transaction is facilitated by a United States person, including a trading facility located in the United States or a broker. ``(d) Security and Other Definitions.--For purposes of this section-- ``(1) In general.--The term `security' means-- ``(A) any share of stock in a corporation, ``(B) any partnership or beneficial ownership interest in a widely held or publicly traded partnership or trust, ``(C) any note, bond, debenture, or other evidence of indebtedness issued by a nongovernmental entity the beneficial ownership of which is traded on an established market, or ``(D) any evidence of an interest in, or a derivative financial instrument in-- ``(i) any security described in subparagraph (A), (B), or (C), ``(ii) any specified index, or ``(iii) any other note, bond, or debenture issued by a nongovernmental entity. ``(2) Derivative financial instrument.--The term `derivative financial instrument' means any option, forward contract, short position, notional principal contract, credit default swap, or any similar financial instrument. ``(3) Specified index.--The term `specified index' means any 1 or more of any combination of-- ``(A) a fixed rate, price, or amount, or ``(B) a variable rate, price, or amount, which is based on any current objectively determinable information which is not within the control of any of the parties to the contract or instrument and is not unique to any of the parties' circumstances. ``(e) Exceptions to Imposition of Tax.-- ``(1) Exception for initial issues.--No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (d)(1). ``(2) Exception for retirement accounts, etc.--No tax shall be imposed under subsection (a) on any covered transaction with respect to any security which is held in any plan, account, or arrangement described in section 220, 223, 401(a), 403(a), 403(b), 408, 408A, 529, or 530 (including assets held in a segregated asset account described in section 817 as part of any such plan, account, or arrangement). ``(3) Exception for certain mutual fund transactions.--No tax shall be imposed under subsection (a) on any covered transaction-- ``(A) with respect to the purchase of any interest in a regulated investment company (as defined in section 851) which issues only stock which is redeemable on the demand of the stock holder, ``(B) by a regulated investment company (as so defined) which is 100 percent owned by 1 or more plans, accounts, or arrangements described in paragraph (2), and ``(C) to the extent such tax is properly allocable to any class of shares of a regulated investment company (as so defined) which is 100 percent owned by 1 or more plans, accounts, or arrangements described in paragraph (2). ``(f) By Whom Paid.-- ``(1) In general.--The tax imposed by this section shall be paid by-- ``(A) in the case of a transaction which occurs on a trading facility located in the United States, such trading facility, ``(B) in the case of a transaction not described in subparagraph (A) which is executed by a broker, such broker, ``(C) in the case of a transaction not described in subparagraph (A) or (B), with respect to a security described in section (d)(1)(D), the party identified by the Secretary, or ``(D) in any other case, the purchaser with respect to the transaction. ``(2) Withholding if purchaser is not a united states person.--See section 1447 for withholding by seller if purchaser is a foreign person. ``(g) Administration.--The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. ``(h) Guidance; Regulations.--The Secretary shall-- ``(1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and ``(2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions or the improper allocation of taxes to classes of shares described in subsection (e)(3)(C).''. (b) Credit for First $100,000 of Stock Transactions Per Year.-- Subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 36A the following new section: ``SEC. 36B. CREDIT FOR SECURITIES TRANSACTION TAXES. ``(a) Allowance of Credit.--In the case of any individual who is a purchaser with respect to a covered transaction, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) the aggregate amount of tax imposed under section 4475 on covered transactions during the taxable year with respect to which the taxpayer is the purchaser, or ``(2) $250 ($125 in the case of a married individual filing a separate return). ``(b) Definitions.--For purposes of this section, any term used in this section which is also used in section 4475 shall have the same meaning as when used in section 4475.''. (c) Withholding.--Subchapter A of chapter 3 of such Code is amended by adding at the end the following new section: ``SEC. 1447. WITHHOLDING ON SECURITIES TRANSACTIONS. ``(a) In General.--In the case of any outbound securities transaction, except as provided in subsection (b), the transferor shall deduct and withhold a tax equal to the tax imposed under section 4475 with respect to such transaction. ``(b) Derivatives.--In the case of any outbound securities transaction with respect to a security described in section 4475(d)(1)(D), the party identified by the Secretary shall so deduct and withhold. ``(c) Outbound Securities Transaction.--For purposes of this section, the term `outbound securities transaction' means any covered transaction to which section 4475(a) applies if-- ``(1) such transaction does not occur on a trading facility located in the United States, and ``(2) the purchaser with respect to such transaction in not a United States person.''. (d) Conforming Amendments.-- (1) Section 6211(b)(4)(A) of such Code is amended by inserting ``36B,'' after ``36A,''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36B,'' after ``36A,''. (e) Clerical Amendments.-- (1) The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter B the following new item: ``Subchapter C. Tax on securities transactions.''. (2) The table of sections for subchapter A of chapter 3 of such Code is amended by adding at the end the following new item: ``Sec. 1447. Withholding on securities transactions.''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36A the following new item: ``Sec. 36B. Credit for securities transaction taxes.''. (f) Effective Date.--The amendments made by this section shall apply to transactions occurring after December 31, 2010.

Wall Street Fair Share Act - Amends the Internal Revenue Code to impose an excise tax on securities trading facilities, brokers, and purchasers for certain securities transactions. Sets such tax at .25% of the fair market value of the security traded. Defines "security" to include stock in a corporation, partnership interests, debt instruments, or interests in certain derivative financial instruments. Exempts from such tax an initial issue of securities, transactions in certain retirement, education, and health savings accounts, and transactions in mutual funds. Allows the purchaser of securities a credit against the excise tax for the lesser of the tax incurred or $250 ($500 for married couples filing joint tax returns). Requires withholding of excise tax amounts by the transferor of securities subject to the tax.

[ 2, 0, 49634, 10, 629, 15, 143, 2913, 2676, 19, 2098, 7, 10, 573, 4, 46729, 10, 629, 9, 68, 134, 6, 151, 50, 55, 15, 215, 2676, 4, 46233, 10, 17966, 1965, 7, 28, 17966, 4, 46233, 5, 629, 7, 28, 1199, 30, 5, 537, 2006, 30, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant and Toddler Care Improvement Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The brain undergoes its most dramatic development during a child's first 3 years of life, with 700 new neurological connections being formed every second based on early experience. During this time, the brain's foundational capacities for thinking, language, emotion, and self-regulation are formed. (2) Economic deprivation can also affect the development of the brain and impair all aspects of development. Children in families below the poverty line are at risk for prolonged ``toxic'' stress, which can change the shape of the brain's structure. Twenty-five percent of children younger than 3 years of age live in families with incomes below the poverty level. (3) Child care is second only to the family setting as the place in which early development takes place for many infants and toddlers. Sixty-one percent of mothers with children younger than 3 years of age are in the labor force and over 6,000,000 children younger than 3 years of age are cared for by someone other than their parents for some part or all of the day. Therefore, the relationship between the child and the child care provider often plays a significant role in child development. (4) Research shows that high-quality child care can mitigate some of the effects of adverse experiences caused by poverty and that low-income children can benefit particularly well from high-quality child care. Yet, at-risk children younger than 3 years of age often receive low-quality child care that can lead to poor developmental outcomes. (5) High-quality child care has been shown to promote positive cognitive, language, and social and emotional development, and contribute to academic success. High-quality child care can also help improve a child's communication skills, cognitive skills, behavioral skills, math and language assessment scores, and verbal intelligence. (6) Providing training and technical assistance to family child care providers who are infant and toddler care providers, through family child care networks, has been shown to improve the quality of caregivers. (7) Twenty-seven States use infant and toddler specialist networks as the structure for providing training and technical assistance, using research-based training and techniques such as mentoring and on-site coaching, to all types of providers of child care for infants or toddlers. (8) Preparation for early childhood educators often does not include training specific to infants and toddlers. Only 21 States have infant and toddler credential requirements that define the particular knowledge and skills needed to work with children younger than 3 years of age. (9) Infants and toddlers have unique needs that differ from those of older children in areas such as health and safety, interaction with teachers and caregivers, and learning, yet not all States recognize those differences in licensing regulations or in their Quality Rating and Improvement Systems. Just 20 States have infant and toddler quality indicators in their Quality Rating and Improvement Systems and only 3 States have separate categories of child care regulations related to infants and toddlers. (b) Purpose.--The purpose of this Act is to improve the overall quality of child care programs serving infants or toddlers. SEC. 3. HIGH-QUALITY INFANT AND TODDLER CARE PROGRAM. The Child Care and Development Block Grant Act of 1990 is amended by inserting after section 658G (42 U.S.C. 9858e) the following: ``SEC. 658H. HIGH-QUALITY INFANT AND TODDLER CARE PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible infant or toddler care provider.--The term `eligible infant or toddler care provider' means an eligible child care provider, consistent with section 658P, who provides care to an infant or toddler. ``(2) Infant or toddler.--The term `infant or toddler' means an individual under 3 years of age. ``(3) Infant or toddler with a developmental delay or disability.-- ``(A) In general.--The term `infant or toddler with a developmental delay or disability' has the meaning given the term `infant or toddler with a disability' in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432). ``(B) Plural form.--The term `infants and toddlers with developmental delays or disabilities' means more than 1 infant or toddler with a developmental delay or disability. ``(4) Limited english proficient.--The term `limited English proficient' has the meaning given the term in section 637 of the Head Start Act (42 U.S.C. 9832). ``(5) Low-income community.--The term `low-income community' shall be defined by the Secretary. ``(6) Low-income family.--The term `low-income family' means a family with a family income described in section 658P(4)(B). ``(b) Grants.-- ``(1) In general.--The Secretary shall make grants to eligible States, from allotments described in paragraph (2), to enable the States to improve the quality of care for infants and toddlers. ``(2) Allotments.-- ``(A) Amounts reserved.-- ``(i) Territories and possessions.--The Secretary shall reserve an amount not to exceed 0.5 percent of the amount appropriated under this section for each fiscal year for payments to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs. ``(ii) Indian tribes.--The Secretary shall reserve not less than 1 percent, and not more than 2 percent, of the amount appropriated under this section for each fiscal year for payments to Indian tribes and tribal organizations with applications approved under section 658O(c). ``(B) Allotments to states.--After making reservations under subparagraph (A), the Secretary shall use the remainder of the amount appropriated under this section for a fiscal year to allot to each State an amount that bears the same relationship to that remainder as the amount allotted to the State under section 658O for that fiscal year bears to the amount allotted to all States under section 658O for that fiscal year. ``(C) State.--In this paragraph, the term `State' does not include Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands. ``(c) Amendment to State Plans.--A State that receives a grant under this section shall include in the State's plan under section 658E, a description of how the State will use funds provided under this section to improve the quality of infant and toddler care. ``(d) Use of Funds.-- ``(1) In general.--A State that receives a grant under this section shall use the funds made available through the grant to carry out 1 or more of the activities described in paragraphs (2) through (7). ``(2) Increasing high-quality infant and toddler care.-- ``(A) In general.--A State may use the funds described in paragraph (1) to make grants to eligible entities to be resources for eligible infant and toddler care providers, to improve the quality of early care and development services provided to infants and toddlers in the community from low-income families and to help such providers serving low-income families improve their capacity to offer high-quality care to such families. ``(B) Eligible entity.--To be eligible to receive a grant under this paragraph, an entity shall be an eligible child care provider that-- ``(i) serves infants and toddlers from low- income families; and ``(ii)(I) is ranked at the top level of the State's Quality Rating and Improvement System or similar rating system or accredited by a national accrediting body recognized, before the date of enactment of the Infant and Toddler Care Improvement Act, for high-quality program standards that are valid and reliable; or ``(II) is an Early Head Start agency under section 645A of the Head Start Act (42 U.S.C. 9840a) that is in full compliance with the performance standards applicable to such an agency under the Head Start Act (42 U.S.C. 9831 et seq.). ``(C) Priority.--In making grants under this paragraph, a State-- ``(i) shall give priority to entities that will serve significant populations of low- income families; and ``(ii) may give priority to entities that-- ``(I) are located in low-income communities; ``(II) will serve communities with significant populations of families with limited English proficiency; or ``(III) will increase the ability of caregivers to provide appropriate services and coordinate activities with State and local systems providing services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.) for children with developmental delays or disabilities, including such children in the child welfare system of the State. ``(3) Staffed family child care networks or systems.-- ``(A) In general.--A State may use the funds described in paragraph (1) to make grants to organizations with expertise in providing child care and related technical assistance, to establish and operate staffed family child care networks or systems that offer, to family child care providers who are eligible infant and toddler care providers, technical assistance, training, administrative support, or direct services including monitoring visits to providers. ``(B) Priority.--In making grants under this paragraph, a State-- ``(i) shall give priority to organizations described in paragraph (2)(C)(i); and ``(ii) may give priority to organizations that have 1 or more of the 3 characteristics described in paragraph (2)(C)(ii). ``(4) Statewide network of infant and toddler specialists.-- ``(A) In general.--A State may use the funds described in paragraph (1) to support, or to make a grant to an organization with expertise in providing child care technical assistance to support, a statewide network of specialists who are eligible infant and toddler care providers, that shall-- ``(i) provide individual or group training and intensive consultation services to eligible infant and toddler care providers, including relative caregivers, on strategies to improve the quality of care for infants and toddlers; and ``(ii) assist eligible infant and toddler care providers in coordinating activities with other offices responsible for child care, including Early Head Start programs and Head Start programs carried out under the Head Start Act (42 U.S.C. 9831 et seq.). ``(B) Priority.--In delivering services or making grants under this paragraph, a State-- ``(i) shall give priority to networks that deliver support to providers described in paragraph (2)(C)(i); and ``(ii) may give priority to networks that deliver support to providers that have 1 or more of the 3 characteristics described in paragraph (2)(C)(ii). ``(5) State workforce quality initiatives.-- ``(A) In general.--A State may use the funds described in paragraph (1) to support initiatives to improve the quality of the workforce of eligible infant and toddler care providers, such as-- ``(i) providing relevant training, professional development, or mentoring to eligible infant and toddler care providers, including linking the training, development, or mentoring to career pathways for eligible infant and toddler care providers; ``(ii) providing scholarships or other financial support to eligible infant and toddler care providers to advance their education and training; ``(iii) coordinating activities with the State's higher education system to expand the availability and quality of coursework for infant and toddler care providers, including developing career pathways for eligible infant and toddler care providers; or ``(iv) improving the State credentialing of eligible infant and toddler care providers. ``(6) Systems quality.--A State may use the funds described in paragraph (1) to-- ``(A) develop infant and toddler components for the State's Quality Rating and Improvement System or similar rating system, child care licensing regulations, or voluntary early learning guidelines; ``(B) improve the ability of parents to obtain information about high-quality infant and toddler care; or ``(C) assist eligible infant and toddler care providers seeking to improve the quality of their infant and toddler care by increasing their ranking on the State's Quality Rating and Improvement System or similar rating system, meeting performance standards applicable to an Early Head Start agency under the Head Start Act (42 U.S.C. 9831 et seq.), or becoming accredited by a national accrediting body described in paragraph (2)(B)(ii). ``(7) Other high-quality initiatives.--A State may use the funds described in paragraph (1) to carry out other activities determined by the State to improve the quality of infant and toddler care provided in the State and for which there is evidence that the activities will lead to improved infant and toddler safety, infant and toddler development, or infant and toddler well-being. ``(e) Reporting.--A State that receives a grant under subsection (b) shall submit in the State's annual reports required under section 658K(a)(2), information on how the State is using the funding provided under subsection (b) to improve the quality of infant and toddler care and the effect such funding is having on the quality of infant and toddler care in the State. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2013 and each subsequent fiscal year.''. SEC. 4. CONFORMING AMENDMENTS. (a) Authorization.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended by inserting ``(other than section 658H)'' after ``subchapter''. (b) Allotment.--Section 658O(a)(1) of such Act (42 U.S.C. 9858m(a)(1)) is amended by striking ``this subchapter'' and inserting ``section 658B''.

Infant and Toddler Care Improvement Act - Amends the Child Care and Development Block Grant Act of 1990 to direct the Secretary of Health and Human Services (HHS) to make grants to enable eligible states (including Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands) to improve the quality of care for infants and toddlers, especially those from low-income families. Authorizes the use of grant funds to: (1) make grants to organizations with pertinent expertise to establish and operate staffed family child care networks or systems that offer family child care providers technical assistance, training, administrative support, or direct services; (2) support a statewide network of infant and toddler care specialists; and (3) support initiatives to improve the quality of the provider workforce. Allows the use of such funds also to: (1) develop infant and toddler components for the State's Quality Rating and Improvement System or a similar rating system, child care licensing regulations, or voluntary early learning guidelines; (2) improve the ability of parents to obtain information about high-quality infant and toddler care; or (3) assist eligible infant and toddler care providers seeking to increase their ranking on the State's Quality Rating and Improvement System or similar rating system, meet performance standards applicable to an Early Head Start agency, or become accredited by a national accrediting body.

[ 2, 0, 31288, 927, 8, 6540, 1371, 3800, 26657, 1783, 9, 4525, 111, 1918, 8845, 5, 7442, 3800, 8, 2717, 1783, 7, 35, 36, 134, 43, 146, 7752, 7, 4973, 12099, 8, 16290, 575, 4898, 6, 36, 176, 43, 694, 3485, 7, 49, 1232, 6, 8, 36...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Democracy and Human Rights in Zimbabwe Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) When Zimbabwe achieved independence in 1980, its economic and democratic prospects were bright and President Robert Mugabe was hailed as a liberator. However, 27 years later, the economy of Zimbabwe has collapsed as income per capita has fallen below the 1953 level and President Mugabe's Zimbabwe African National Union-Patriotic Front (ZANU-PF) government has increasingly and systematically exercised repression of political opposition and engaged in violations of human rights. (2) The Department of State's 2006 Country Report on Human Rights Practices states that Zimbabwe's 2002 presidential election and 2005 parliamentary elections were neither free nor fair, and reports that President Mugabe's government interfered with the campaign activities of the opposition, intimidated voters, and distributed food in a partisan manner. (3) The Department of State Report also finds that the Government of Zimbabwe continues to-- (A) restrict freedom of assembly, movement, and association; (B) forcibly evict civilians from their land; and (C) harass and abuse members of the opposition, the media, the religious community, civil society, and organized labor. (4) According to the Freedom House Freedom in the World 2007 report, ``In 2006, Zimbabwe suffered from a further deterioration of political rights and civil liberties amid a near-total collapse of the country's economy.''. (5) Zimbabwe is a member of the United Nations, the African Union, the Southern African Development Community, the African Development Bank, the International Monetary Fund, and the World Trade Organization, and a party to the Universal Declaration of Human Rights, the African Charter on Human and Peoples' Rights, and the International Covenant on Civil and Political Rights. (6) Section 2 of the Zimbabwe Democracy and Economic Recovery Act of 2001 (Public Law 107-99; 22 U.S.C. 2151 note) states, ``It is the policy of the United States to support the people of Zimbabwe in their struggle to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law.''. (7) In 2002 and 2003, the United States imposed financial and immigration sanctions targeted against selected individuals, a ban on the transfer of defense items and services, and a suspension of nonhumanitarian government-to- government assistance, although the United States remains one of the leading providers of humanitarian assistance to the people of Zimbabwe. (8) The United Nations, the European Union, the United States, human rights organizations, and many others have condemned the security forces of Zimbabwe for the beating, detention, and arrest of opposition and civil society members attending a prayer meeting on March 11, 2007. (9) In March 2007, the heads of state of the Southern African Development Community announced that the President of South Africa, Thabo Mbeki, will mediate between President Mugabe and the opposition Movement for Democratic Change in advance of the 2008 presidential election, but failed to condemn the Government of Zimbabwe for its human rights abuses and restriction of democratic space. (10) On March 30, 2007, it was announced that the ZANU-PF central committee had chosen President Mugabe as the party's candidate for the 2008 election and that the parliamentary elections will also be held in 2008, instead of 2010. (11) A Human Rights Watch report released in May 2007 concluded, ``Arbitrary arrests, detentions, and brutal beatings by police and security forces skyrocketed in March and April, and continue unabated. . . . The Zimbabwean government is violating the human rights of its citizens with impunity.''. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to support the people of Zimbabwe in their efforts to promote democracy and respect for human rights in Zimbabwe; and (2) to call on President Mugabe to immediately restore democracy and human rights in Zimbabwe. SEC. 4. SENSE OF CONGRESS ON THE CRISIS IN ZIMBABWE. The following is the sense of Congress: (1) The United States welcomes and commends the announcement by the Southern African Development Community that the President of South Africa, Thabo Mbeki, will lead negotiations between the ruling and opposition parties in Zimbabwe to resolve the political and humanitarian crisis in a way that reflects the will of the people of Zimbabwe and respects international standards. (2) The creation of a level playing field for those who want to participate in the political process in Zimbabwe and the encouragement of transparency in the political process should be priority objectives in the negotiations. (3) All preparations should be made to hold free, fair, and peaceful elections in accordance with international standards, such as the Southern African Development Community Parliamentary Forum Election Norms and Guidelines. (4) Cooperation between the United States, regional players in Africa, and the wider international community is an important component of a proactive strategy to support democratic rule and respect for human rights in Zimbabwe. (5) Normalized relations with the Government of Zimbabwe are desirable, but until the Government of Zimbabwe promotes democracy and the rule of law, the United States will continue to isolate the Government of Zimbabwe and expand financial and travel sanctions targeted against those responsible for repressing the people of Zimbabwe. (6) The United States Permanent Representative to the United Nations should use the voice and vote of the United States in the United Nations Security Council to emphasize the threat to international peace and security posed by the Government of Zimbabwe. SEC. 5. BRIEFING. (a) In General.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of State shall provide to Congress a briefing on the strategy of the United States for engagement with Zimbabwe. (b) Content.--The briefing required by subsection (a) shall include the following: (1) The details of a comprehensive policy of the United States to support the people of Zimbabwe in their efforts to promote democratic rule and respect for human rights in Zimbabwe, including support for free, fair and peaceful elections. (2) An assessment of the resources necessary to most effectively enable Zimbabwe to return peacefully to a state of democratic governance, with respect for human rights and the rule of law. (3) A diplomatic strategy for engaging and encouraging regional partners in Africa to help facilitate the transition of Zimbabwe to democracy. (4) A review of policy options in the event of further deterioration of the situation in Zimbabwe. (5) A review of policy options in the event of an improvement in the situation in Zimbabwe. (6) Indicators of progress toward democracy and respect for human rights that would allow for the removal of targeted bilateral sanctions on Zimbabwe and strengthened relations with the Government of Zimbabwe. (c) Consultation.--The Secretary of State shall, to the extent possible, develop the strategy described in subsection (a) in consultation with-- (1) the United Nations; (2) the African Union; (3) the Southern African Development Community; (4) other multilateral organizations; and (5) interested States. (d) Sunset.--The requirements of this section shall cease to be effective after the date that is 3 years after the date of the enactment of this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Notwithstanding any other provision of law, there are authorized to be appropriated up to $10,000,000 for the purpose described in subsection (b). (b) Purpose.--The purpose described in this subsection is to support democracy and governance activities in Zimbabwe consistent with the provisions of the Zimbabwe Democracy and Economic Recovery Act of 2001 (Public Law 107-99; 22 U.S.C. 2151 note), including through-- (1) support for free, fair, and peaceful national elections in accordance with international standards; (2) support for the capacity of civil society to create nonviolent political space in Zimbabwe; and (3) support for programs to defend and protect the human rights of the people of Zimbabwe.

Support for Democracy and Human Rights in Zimbabwe Act of 2007 - States that is U.S. policy to: (1) support the people of Zimbabwe in their efforts to promote democracy and respect for human rights in Zimbabwe; and (2) call on President Mugabe to restore democracy and human rights in Zimbabwe. Expresses the sense of Congress that: (1) the United States welcomes the Southern African Development Community's announcement that the President of South Africa, Thabo Mbeki, will lead negotiations between the ruling and opposition parties in Zimbabwe; (2) preparations should be made to hold free elections in accordance with international standards; (3) cooperation among the United States, regional players in Africa, and the international community is an important component of a proactive strategy to support democratic rule and respect for human rights in Zimbabwe; (4) normalized relations with the government of Zimbabwe are desirable but until the government of Zimbabwe promotes democracy and the rule of law the United States will continue to isolate the government of Zimbabwe and expand financial and travel sanctions against those responsible for repressing Zimbabwe's people; and (5) the United States should use its influence in the U.N. Security Council to emphasize the threat to international peace posed by the government of Zimbabwe. Directs the Secretary of State to provide Congress with quarterly briefings on U.S. strategy for engagement with Zimbabwe. (Terminates such requirement three years after the date of the enactment of this Act.) Authorizes appropriations to support democracy and governance activities in Zimbabwe, including support for: (1) free and peaceful national elections; (2) creation of nonviolent political space; and (3) human rights programs.

[ 2, 0, 38873, 13, 17639, 8, 3861, 1437, 50136, 500, 6183, 11, 4637, 1783, 9, 3010, 111, 46233, 5, 1863, 9, 331, 7, 35, 36, 134, 43, 2179, 10, 1860, 13, 7580, 8, 5513, 1437, 50136, 1437, 1437, 1437, 2537, 1437, 1437, 50141, 2174, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Slate for Kids Online Act of 2018''. SEC. 2. ENHANCING THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998. (a) Definitions.--Section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended by adding at the end the following: ``(13) Delete.--The term `delete' means to remove personal information such that the information is not maintained in retrievable form and cannot be retrieved in the normal course of business.''. (b) Regulation of Unfair and Deceptive Acts and Practices in Connection With the Collection and Use of Personal Information From and About Children on the Internet.--Section 1303 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6502) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Failure to delete.--It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to fail to delete personal information collected from or about a child if a request for deletion is made pursuant to regulations prescribed under subsection (e).''; and (2) by adding at the end the following: ``(e) Right of an Individual To Delete Personal Information Collected When the Person Was a Child.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Commission shall promulgate under section 553 of title 5, United States Code, regulations that require the operator of any website or online service directed to children, or any operator that has actual knowledge that it has collected personal information from a child or maintains such personal information-- ``(A) to provide notice on the website of how an individual over the age of 13, or a legal guardian of an individual over the age of 13 acting with the knowledge and consent of the individual, can request that the operator delete all personal information in the possession of the operator that was collected from or about the individual when the individual was a child notwithstanding any parental consent that may have been provided when the individual was a child; ``(B) to promptly delete all personal information in the possession of the operator that was collected from or about an individual when the individual was a child when such deletion is requested by an individual over the age of 13 or by the legal guardian of such individual acting with the knowledge and consent of the individual, notwithstanding any parental consent that may have been provided when the individual was a child; ``(C) to provide written confirmation of deletion, after the deletion has occurred, to an individual or legal guardian of such individual who has requested such deletion pursuant to this subsection; and ``(D) to except from deletion personal information collected from or about a child-- ``(i) only to the extent that the personal information is necessary-- ``(I) to respond to judicial process; or ``(II) to the extent permitted under any other provision of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety; and ``(ii) if the operator retain such excepted personal information for only as long as reasonably necessary to fulfill the purpose for which the information has been excepted and that the excepted information not be used, disseminated or maintained in a form retrievable to anyone except for the purposes specified in this subparagraph.''. (c) Safe Harbors.--Section 1304 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6503) is amended-- (1) in subsection (a), by striking ``section 1303(b)'' and inserting ``subsections (b) and (e) of section 1303''; and (2) in subsection (b)(1), by striking ``subsection (b)'' and inserting ``subsections (b) and (e)''. (d) Actions by States.--Section 1305(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6504(a)(1)) is amended by striking ``1303(b)'' and inserting ``subsection (b) or (e) of section 1303''.

Clean Slate for Kids Online Act of 2018 This bill amends the Children's Online Privacy Protection Act of 1998 to require the operator of any website or online service directed to children: to provide notice on the website about how an individual over age 13, or the guardian of an individual over 13, can request the deletion of all personal information in the operator's possession collected when the individual was a child; to promptly delete, upon request, all personal information in the operator's possession that was collected from or about the individual when the individual was a child; and to provide written confirmation of deletion. "Delete" means to remove personal information such that the information is not maintained in retrievable form and cannot be retrieved in the normal course of business. The bill allows a limited exception to the deletion requirement if the personal information collected from or about a child is necessary to respond to judicial process or to provide information to law enforcement agencies.

[ 2, 0, 40827, 27871, 13, 9151, 5855, 1783, 9, 1437, 36440, 30529, 2464, 111, 1918, 8845, 5, 4278, 18, 5855, 17005, 1783, 9, 6708, 7, 2703, 5, 5364, 9, 143, 998, 50, 804, 544, 3660, 7, 408, 6, 50, 143, 5364, 14, 34, 3031, 2655, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteed Paid Vacation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible employee.--The term ``eligible employee'' means an employee who-- (A) has been employed for not less than 1 year by the employer providing the paid vacation time under section 3; and (B) through such employment, has provided not less than 1,250 hours of service to such employer during the previous year. (2) Employee.--The term ``employee'' means an individual who is-- (A)(i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not covered under subparagraph (E), including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer who employs not less than 15 employees at any time during a calendar year and is described in clauses (i)(I) and (ii) of paragraph (3)(A); or (ii) an employee of the Government Accountability Office; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; or (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code. (3) Employer.-- (A) In general.--The term ``employer'' means a person who employs not less than 15 employees at any time during a calender year and is-- (i)(I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) is engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer.-- (i) In general.--In subparagraph (A)(i)(I), the term ``covered employer''-- (I) means any person engaged in commerce or in any industry or activity affecting commerce; (II) includes-- (aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) includes any ``public agency'', as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)); and (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency.--For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions.--For purposes of this subparagraph: (I) Commerce.--The terms ``commerce'' and ``industry or activity affecting commerce'' mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include ``commerce'' and any ``industry affecting commerce'', as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)). (II) Employee.--The term ``employee'' has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)). (III) Person.--The term ``person'' has the same meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(a)). (C) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (4) Paid vacation time.--The term ``paid vacation time'' means an increment of compensated leave to which an eligible employee is entitled under section 3 to use during an absence from employment, in accordance with the provisions of such section. For purposes of this paragraph and section 3, any sick leave, family leave, or leave otherwise required by law (other than this Act) shall not be treated as or counted towards leave to which an eligible employee is entitled under section 3. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 3. GUARANTEED PAID VACATION TIME. (a) In General.--Beginning 1 year after the date of enactment of this Act, an eligible employee of an employer shall be entitled to not less than 10 days of paid vacation time during each 12-month period to be used on consecutive or nonconsecutive days. (b) Limitation on Carryover.--Any paid vacation time that is not used during the applicable 12-month period shall not carry over to a subsequent 12-month period. (c) Written Notice.--Not later than 15 days prior to the date on which an eligible employee is to begin to use any paid vacation time, the eligible employee shall provide the employer with written notice of the intention to use such paid vacation time, including an indication of the dates on which such paid vacation time are to begin and end. (d) Compensation.-- (1) Rate of compensation.-- (A) In general.--Subject to subparagraph (B), an eligible employee using paid vacation time shall be compensated at the rate at which such eligible employee would be compensated if not using paid vacation time. (B) Tipped employees.--An eligible employee who is a tipped employee using paid vacation time shall be compensated at the rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)). (2) Employment benefits.-- (A) In general.--Any employment benefits offered to an eligible employee, when such eligible employee is not using paid vacation time, shall continue to be offered to such eligible employee when such eligible employee is using paid vacation time. Such continued employment benefits shall be offered at the same level and under the same conditions as employment benefits offered to such eligible employee when such eligible employee is not using paid vacation time. (B) Cost contributions.--If the employer requires an eligible employee to contribute to the cost of the benefits described in subparagraph (A), the employer may require that such eligible employee contribute to such cost during the use of paid vacation time at the same rate as the rate at which such eligible employee would otherwise be required to contribute if not using paid vacation time. (C) Restoration to position.--Any eligible employee who uses paid vacation time shall be entitled, on return from using such paid vacation time, to be restored by the employer to the position of employment held by such eligible employee when such paid vacation time commenced. (e) Employers With Existing Policies.--Any employer with a paid leave policy who provides an amount of paid leave that is sufficient to meet the requirements of this section and that may be used under the same conditions as the conditions described in this section shall not be required to provide an eligible employee with additional paid vacation time under this section. (f) Enforcement.-- (1) Employees covered by the fair labor standards act of 1938 and other employees.-- (A) Definition.--In this paragraph-- (i) the term ``eligible employee'' means an eligible employee who is an employee described in subparagraph (A) or (B) of section 2(2); and (ii) the term ``employer'' means an employer who employs not less than 15 employees at any time during a calendar year and is described in subclause (I) or (II) of section 2(3)(A)(i). (B) Secretary of labor.--With respect to an eligible employee and an employer and notwithstanding section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213), the Secretary shall receive, investigate, attempt to resolve, and enforce a complaint of a violation of this Act in the same manner that the Secretary receives, investigates, attempts to resolve, and enforces a complaint of a violation of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207). An employer's liability for a violation under this Act shall be, as the case may be-- (i) the amount of unpaid vacation time owed to such employee under this section, and an additional equal amount as liquidated damages; or (ii) compensation in accordance with subsection (d) for any uncompensated unpaid vacation time used by the eligible employee, and an additional equal amount as liquidated damages. (C) Government accountability office.-- Notwithstanding any other provision of this paragraph, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary under this paragraph shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (2) Employees covered by congressional accountability act of 1995.--The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this Act against an eligible employee who is an employee described in section 2(2)(C). (3) Employees covered by chapter 5 of title 3, united states code.--The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an eligible employee who is an employee described in section 2(2)(D). (4) Employees covered by chapter 63 of title 5, united states code.--The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an eligible employee who is an employee described in section 2(2)(E). SEC. 4. PUBLIC AWARENESS CAMPAIGN BY THE DEPARTMENT OF LABOR. (a) In General.--The Secretary is authorized to conduct a public awareness campaign, through the Internet and other media, to inform the public of an eligible employee's entitlement to paid vacation time under this Act. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out subsection (a).

Guaranteed Paid Vacation Act This bill amends the Fair Labor Standards Act to require specified employers (including certain federal and state employers) who employ at least 15 employees at any time during a calendar year to provide each eligible employee at least 10 days of paid vacation time during each 12-month period, to be used on consecutive or nonconsecutive days. An employee is eligible for paid vacation time only if he or she has been employed by the employer for at least one year and has worked at least 1,250 hours for that employer during the previous year. The employee must give the employer at least 15 days' prior notice of his or her intent to take paid vacation, including the dates it will begin and end. The Department of Labor shall conduct a public awareness campaign, through the Internet and other media, to inform the public of an eligible employee's entitlement to paid vacation time under the Act.

[ 2, 0, 14484, 19112, 10247, 37493, 20271, 1258, 1783, 111, 46233, 41, 8850, 7, 35, 36, 134, 43, 694, 41, 30401, 9, 1199, 7196, 86, 7, 41, 4973, 3200, 4, 36, 176, 43, 694, 10, 17966, 1280, 9, 4660, 7, 215, 3200, 4, 178, 36, 246,...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Readjustment Counseling Service Amendments of 1993''. SEC. 2. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 7305 of title 38, United States Code, is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph (7): ``(7) A Readjustment Counseling Service.''. (b) Organization.--The Readjustment Counseling Service shall have the organizational structure and administrative structure of that service as such structures were in existence on January 1, 1993. (c) Revision of Organizational Structure.--(1) The Secretary of Veterans Affairs may not alter or revise the organizational structure or the administrative structure of the Readjustment Counseling Service until-- (A) the Secretary has submitted to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing a full and complete statement of the proposed alteration or revision; and (B) a period of 60 days has elapsed after the date on which the report is received by the committees. (2) In the computation of the 60-day period under paragraph (1)(B), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 calendar days to a day certain. (d) Budget Information Relating to the Service.--Each budget submitted to the Congress by the President under section 1105 of title 31, United States Code, shall set forth the amount requested in the budget for the operation of the Readjustment Counseling Service in the fiscal year covered by the budget and shall set forth separately the amount requested for administrative oversight of the activities of the service (including the amount requested for funding of the Advisory Committee on Veteran Readjustment Counseling). SEC. 3. DIRECTOR OF THE READJUSTMENT COUNSELING SERVICE. (a) Director.--Section 7306(b) of title 38, United States Code, is amended-- (1) by striking out ``and'' at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following: ``(4) one shall be a person who (A)(i) is a qualified psychiatrist, (ii) is a qualified psychologist holding a diploma as a doctorate in clinical or counseling psychology from an authority approved by the American Psychological Association and has successfully undergone an internship approved by that association, (iii) is a qualified holder of a master in social work degree, or (iv) is a registered nurse holding a master of science in nursing degree in psychiatric nursing or any other mental-health related degree approved by the Secretary, and (B) has at least 3 years of clinical experience and 2 years of administrative experience in the Readjustment Counseling Service or other comparable mental health care counseling service (as determined by the Secretary), who shall be the director of the Readjustment Counseling Service.''. (b) Organizational Requirement.--The Director of the Readjustment Counseling Service shall report to the Under Secretary for Health through the Associate Deputy Under Secretary for Health for Clinical Programs. SEC. 4. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND CERTAIN RELATED COUNSELING SERVICES. (a) Readjustment Counseling.--(1) Subsection (a) of section 1712A of title 38, United States Code, is amended to read as follows: ``(a) Upon the request of any veteran, the Secretary shall, within the limits of Department facilities, furnish counseling to such veteran to assist such veteran in readjusting to civilian life. Such counseling shall include a general mental and psychological assessment to ascertain whether such veteran has mental or psychological problems associated with readjustment to civilian life.''. (2) Subsection (c) of such section is repealed. (b) Other Counseling.--Such section is further amended by inserting after subsection (b) the following new subsection (c): ``(c) The Secretary may provide the counseling services described in section 1701(6)(B)(ii) of this title to the surviving parents, spouse, and children of any member of the Armed Forces who dies while serving on active duty or from a condition (as determined by the Secretary) incurred in or aggravated by such service.''. (c) Authority To Contract for Counseling Services.--Subsection (e) of such section is amended by striking out ``subsections (a) and (b)'' each place it appears and inserting in lieu thereof ``subsections (a), (b), and (c)''. SEC. 5. CONFIDENTIALITY OF PATIENT RECORDS IN THE READJUSTMENT COUNSELING SERVICE. (a) In General.--Notwithstanding any other provision of law, the records of the identity, diagnosis, prognosis, or treatment of any patient or subject of the Readjustment Counseling Service of the Department of Veterans Affairs, or of any patient or subject provided readjustment counseling services under a contract with the Department, may be disclosed only as follows: (1) By written consent of the patient or subject, only for the purpose for which such consent is granted. (2) To medical personnel to the extent necessary to meet a bona fide medical emergency. (3) To personnel of the Department other than personnel of the service, if such disclosure is determined by an appropriate member of the service to be necessary to avert an imminent danger to the patient or subject, or to another person. (4) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor (with such cause to be determined according to the elements set forth in section 7332(b)(2)(D) of title 38, United States Code). (b) Fines.--Any person who violates a provision of subsection (a) shall be fined in accordance with subsections (f) and (g) of section 7332 of title 38, United States Code. SEC. 6. ADVISORY COMMITTEE ON THE READJUSTMENT OF VETERANS. (a) In General.--(1) Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1712B the following: ``Sec. 1712C. Advisory Committee on Veteran Readjustment Counseling ``(a)(1) There is in the Department the Advisory Committee on Veteran Readjustment Counseling (hereinafter in this section referred to as the `Committee'). ``(2) The Committee shall consist of 18 members-- ``(A) the members of the Committee shall be appointed by the Secretary and shall include individuals who are recognized authorities in fields pertinent to the social, psychological, economic, or educational readjustment of veterans. An officer or employee of the United States may not be appointed as a member of the Committee under this paragraph; ``(B) at least 12 of whom are veterans of the Vietnam era or other period of war; and ``(C) who have experience with the provision of veterans benefits and services by the Department. ``(3) The Secretary shall seek to ensure that members appointed to the Committee include persons from a wide variety of geographic areas and ethnic backgrounds, persons from veterans service organizations, minorities, and women. ``(4) The Secretary shall determine the terms of service and pay and allowances of the members of the Committee, except that a term of service may not exceed two years. The Secretary may reappoint any member for additional terms of service. ``(b)(1) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the provision by the Department of benefits and services to veterans in order to assist veterans in the readjustment to civilian life. ``(2)(A) In providing advice to the Secretary under this subsection, the Committee shall-- ``(i) assemble and review information relating to the needs of veterans in readjusting to civilian life; ``(ii) provide information relating to the nature and character of psychological problems arising from military service; ``(iii) provide an on-going assessment of the effectiveness of the policies, organizational structures, and services of the Department in assisting veterans in readjusting to civilian life; and ``(iv) provide on-going advice on the most appropriate means of responding to the readjustment needs of future veterans. ``(B) In carrying out its duties under subparagraph (A), the Committee shall take into special account veterans of the Vietnam era, and the readjustment needs of such veterans. ``(c)(1) Not later than March 31 of each year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that relate to the readjustment of veterans to civilian life. Each such report shall include-- ``(A) an assessment of the needs of veterans with respect to readjustment to civilian life; ``(B) a review of the programs and activities of the Department designed to meet such needs; and ``(C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate. ``(2) Not later than 90 days after the receipt of each report under paragraph (1), the Secretary shall transmit to the Committees on Veterans' Affairs of the Senate and House of Representatives a copy of the report, together with any comments and recommendations concerning the report that the Secretary considers appropriate. ``(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate. ``(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to that section. ``(d)(1) Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Committee under this section. ``(2) Section 14 of such Act shall not apply to the Committee.''. (2) The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1712B the following: ``1712C. Advisory Committee on Veteran Readjustment Counseling.''. (b) Original Members.--(1) Notwithstanding subsection (a)(2) of section 1712C(a)(2) of such title (as added by subsection (a)), the members of the Advisory Committee on the Readjustment of Vietnam and Other War Veterans on the date of the enactment of this Act shall be the original members of the advisory committee recognized under such section. (2) The original members shall so serve until the Secretary of Veterans Affairs carries out appointments under such subsection (a)(2). The Secretary shall carry out such appointments as soon after such date as is practicable. The Secretary may make such appointments from among such original members. SEC. 7. PLAN FOR EXPANSION OF VIETNAM VETERAN RESOURCE CENTER PILOT PROGRAM. (a) Requirement.--(1) The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a plan for the expansion of the Vietnam Veteran Resource Center program established pursuant to the amendment made by section 105 of the Veterans' Administration Health-Care Amendments of 1985 (Public Law 99-166; 99 Stat. 944). The plan shall include a schedule for the implementation of the program at or through all Department of Veterans Affairs readjustment counseling centers. (2) The Secretary shall submit the plan not later than 4 months after the date of the enactment of this Act. (b) Definition.--In this section, the term ``Department of Veterans Affairs readjustment counseling centers'' has the same meaning given the term ``center'' in section 1712A(i)(1) of title 38, United States Code. SEC. 8. VETERAN CENTER HEALTH-CARE PILOT PROGRAM. (a) Program.--(1) Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 1720E. Veteran center health-care pilot program ``(a) The Secretary shall carry out a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers. The Secretary shall carry out the pilot program in accordance with this section. ``(b)(1) In carrying out the pilot program, the Secretary shall-- ``(A) identify not less than 12 or more than 15 readjustment counseling centers at which to provide health- related services under the pilot program; and ``(B) provide such services to eligible veterans at such centers in accordance with paragraph (2). ``(2)(A) The Secretary shall provide health-related services under the pilot program as follows: ``(i) At five or more readjustment counseling centers identified under paragraph (1)(A), by providing not less than 20 hours per week of basic ambulatory services and health-care screening through qualified personnel. ``(ii) At five or more such centers, by providing not less than 40 hours per week of full-range ambulatory services through qualified personnel. ``(iii) At two or more such centers, by providing not less than 120 hours per week of physician services through qualified personnel. ``(B) In determining the location of the readjustment counseling centers at which to provide health-related services under the pilot program, the Secretary shall select centers that are located in a variety of geographic areas and that serve veterans of a variety of economic, social, and ethnic backgrounds. ``(c)(1) The Secretary shall commence the provision of health- related services at readjustment counseling centers under this section not later than six months after the date of the enactment of the Readjustment Counseling Service Amendments of 1993. ``(2) The pilot program shall terminate two years after the date on which the Secretary commences the provision of services under paragraph (1). ``(d) For the purposes of this section-- ``(1) the term `Department general health-care facility' has the meaning given such term in section 1712A(i)(2) of this title; ``(2) the term `eligible veteran' means any veteran eligible for outpatient services under paragraph (1), (2), or (3) of section 1712(a) of this title; and ``(3) the term `readjustment counseling center' has the same meaning given the term `center' in section 1712A(i)(1) of this title.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720D the following: ``1720E. Veteran center health-care pilot program.''. (b) Report.--(1) The Secretary of Veterans Affairs shall submit to Congress a report on the veteran center health-care pilot program established under section 1720E of title 38, United States Code (as added by subsection (a)). The report shall include the following: (A) A description of the program, including information on-- (i) the number of veterans provided health-related services under the program; (ii) the number of such veterans referred to Department of Veterans Affairs general health-care facilities in order to provide health care services to such veterans; and (iii) the cost to the Department of the program. (B) An analysis of the effectiveness of the health-related services provided to veterans under the program. (C) The recommendations of the Secretary for means of improving the program, and an estimate of the cost to the Department of implementing such recommendations. (D) Such other information as the Secretary considers appropriate. (2) The Secretary shall submit the report not later than three months after the termination of the pilot program. HR 3096 IH----2

Readjustment Counseling Service Amendments of 1993 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until he or she has notified specified congressional committees and 60 days have elapsed since such notification. Requires RCS budget information to be included annually in the President's budget submitted to the Congress. Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service. Makes such a qualified person the director of RCS. Directs the Secretary, upon the request of any veteran (currently, only veterans discharged or released from active duty but not otherwise eligible for such counseling), to furnish counseling in readjusting to civilian life. Allows the provision of counseling to survivors of members of the armed forces who die while serving on active duty or from a condition incurred or aggravated by military service. Provides for the confidentiality of the records of any patient of RCS, permitting disclosure only in specific limited circumstances. Establishes in the Department the Advisory Committee on Veteran Readjustment Counseling to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires specified reports from the Advisory Committee and the Secretary. Directs the Secretary to report to specified congressional committees a plan for the expansion of the Vietnam Veteran Resource Center program as established under prior law. Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers.

[ 2, 0, 42779, 7396, 5, 1863, 9, 8815, 4702, 36, 9788, 43, 7, 35, 36, 134, 43, 5242, 10, 1163, 8987, 1757, 11872, 154, 1841, 11, 5, 11790, 4, 178, 36, 176, 43, 694, 41, 15, 12, 12891, 4990, 9, 5, 782, 9, 4823, 19, 2098, 7, 5...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear and Terrorism Threat Reduction Act of 2002''. SEC. 2. ENHANCING THREAT REDUCTION. (a) Statement of Policy.-- (1) It is the policy of the United States to work cooperatively with the Russian Federation in order to prevent the diversion of weapons of mass destruction and materials relating thereto, including nuclear, biological, and chemical weapons, as well as the scientific and technical expertise necessary to design and build weapons of mass destruction. (2) With respect to enhancing threat reduction, there should be three primary objectives, as stated in the President's review of 30 different United States-Russia cooperative programs, as follows: (A) To ensure that existing United States cooperative non-proliferation programs with the Russian Federation are focused on priority threat reduction and non-proliferation goals, and are conducted as efficiently and effectively as possible. (B) To examine what new initiatives might be undertaken to further United States threat reduction and non-proliferation goals. (C) To consider organizational and procedural changes designed to ensure a consistent and coordinated United States Government approach to cooperative programs with the Russian Federation on the reduction of weapons of mass destruction and prevention of their proliferation. (3) The goal of United States programs to assist the Russian Federation should be to have them work well, be focused on priority tasks, and be well managed. (4) In order to further cooperative efforts, the following key programs should be expanded: (A) The Department of Energy Material Protection, Control and Accounting (MPC&A) program to assist the Russian Federation secure and consolidate weapons-grade nuclear material. (B) The Department of Energy Warhead and Fissile Material Transparency Program. (C) The International Science and Technology Center (ISTC). (D) The Redirection of Biotechnical Scientists program. (E) The Department of Defense Cooperative Threat Reduction project to construct a chemical weapons destruction facility at Shchuch'ye, Russia, to enable its earliest completion at no increased expense. (5) Other programs should be adjusted, refocused, or reexamined, including-- (A) approaches to the current plutonium disposition program in the Russian Federation, in order to make the program less costly and more effective; (B) the project to end production by the Russian Federation of weapons-grade plutonium, in order to transfer the project from the Department of Defense to the Department of Energy; (C) consolidation of the Department of Energy's Nuclear Cities Initiative (NCI) with the Initiative for Proliferation Prevention (IPP), with a focus on projects to assist the Russian Federation in reduction of its nuclear warheads complex; and (D) acceleration of the Department of Energy's Second Line of Defense program to assist the Russian Federation install nuclear detection equipment at border posts. (b) Increased Funding of Certain Key Programs.--In order to guarantee that the United States-Russia non-proliferation and threat reduction efforts operate as efficiently as possible, certain key programs should receive additional funding above current levels, including-- (1) the United States-Russia Highly Enriched Uranium Purchase Agreement; (2) the Second Line of Defense program; (3) the Initiatives for Proliferation Prevention; (4) the Fissile Materials Disposition program; (5) the Redirection of Biotechnical Scientists program; (6) the Department of Energy Material Protection, Control, and Accounting (MPC&A) program; (7) the International Science and Technology Center; and (8) the Warhead and Fissile Material Transparency program. (c) Report.--Not later than six months after the date of enactment of this Act, the President shall submit to Congress a report containing recommendations on how to enhance the implementation of United States- Russia non-proliferation and threat reduction programs, which shall include-- (1) recommendations on how to improve and streamline the contracting and procurement practices of those programs; and (2) a listing of impediments to the efficient and effective implementation of those programs. SEC. 3. COMPREHENSIVE INVENTORIES AND DATA EXCHANGES BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION ON WEAPONS-GRADE MATERIAL AND NUCLEAR WEAPONS. (a) Findings.--Congress finds that inventories of weapons-grade material and warheads should be tracked in order, among other things-- (1) to make it more likely that the Russian Federation can fully account for its entire inventory of weapons-grade material and assembled weapons; and (2) to make it more likely that the sources of any material or weapons possessed or used by any foreign state or terrorist organization can be identified. (b) Statement of Policy.--It is the policy of the United States to establish jointly with the Russian Federation comprehensive inventories and data exchanges of Russian and United States weapons-grade material and assembled warheads, with particular attention to tactical, or ``nonstrategic'' warheads, one of the most likely weapons a terrorist organization or terrorist state would attempt to acquire, and with particular attention focused on weapons that have been removed from deployment. (c) Assistance in Developing Comprehensive Inventories.-- Notwithstanding any other provision of law, the United States Government shall work with the Russian Federation to develop comprehensive inventories of Russian weapons-grade plutonium and highly enriched uranium programs and assembled warheads, with special attention to be focused on tactical warheads and warheads that have been removed from deployment. (d) Data Exchanges.--As part of this process, to the maximum extent practicable, without jeopardizing United States national security interests, the United States is authorized to enter into ongoing data exchanges with the Russian Federation on categories of material and weapons described in subsection (c). (e) Report.--Not later than six months after the date of enactment of this Act, and annually thereafter until a comprehensive inventory is created and the information collected from the inventory exchanged between the governments of the United States and the Russian Federation, the President shall submit to Congress a report, in both an unclassified and classified form as necessary, describing the progress that has been made toward that objective. SEC. 4. COMMISSION TO ASSESS THE TRANSITION FROM MUTUALLY ASSURED DESTRUCTION (MAD) TO MUTUALLY ASSURED SECURITY (MAS). (a) Statement of Policy.--With the end of the Cold War more than a decade ago, with the United States and the Russian Federation fighting together against global terrorism, and with the Presidents of the United States and the Russian Federation agreeing to establish ``a new strategic framework to ensure the mutual security of the United States and Russia, and the world community'', the United States and the Russian Federation should increase significantly their efforts to put dangerous and unnecessary elements of the Cold War to rest. (b) Establishment.--In order to assist with the policy expressed in subsection (a), the President is authorized to conclude an agreement with the Russian Federation for the establishment of a Joint United States-Russia Commission to Assess the Transition from Mutual Assured Destruction (MAD) to Mutual Assured Security (MAS) (in this section referred to as the ``Commission''). (c) Composition.--The United States delegation of the Commission shall consist of 13 members appointed by the President, as follows: (1) Three members, after consultation with the Speaker of the House of Representatives. (2) Three members, after consultation with the Majority Leader of the Senate. (3) Two members, after consultation with the Minority Leader of the House of Representatives. (4) Two members, after consultation with the Minority Leader of the Senate. (5) Two members as the President may determine. (d) Qualifications.--The United States members of the Commission shall be appointed from among private United States citizens with knowledge and expertise in United States-Russia strategic stability issues. (e) Chair.--The chair of the Commission should be chosen by consensus from among the members of the Commission. (f) Russian Commission.--The President should make every effort to encourage the Government of the Russian Federation to appoint a Russian Federation delegation of the Commission that would jointly meet and discuss the issues described in subsection (g). (g) Duties of the Commission.--The duties of the Commission should include consideration of how-- (1) to ensure that the reduction of strategic nuclear weapons announced by the United States and the Russian Federation in November 2001 take effect in a rapid, safe, verifiable and irreversible manner; (2) to preserve and enhance START I monitoring and verification mechanisms; (3) to develop additional monitoring and verification mechanisms; (4) to preserve the benefits of the unratified START II agreement, especially those measures that affect strategic stability; (5) to ensure the safety of warheads removed from deployment; (6) to safely and verifiably dismantle warheads in excess of the ceiling established by the President Bush at the November 2001 United States-Russia summit; (7) to begin a new high-level dialogue to discuss United States and Russian Federation proposals for a global and theater level missile defense systems; (8) to extend presidential decision-making time as it relates to nuclear weapons operations; (9) to improve Russian-American cooperative efforts to enhance strategic early warning, including but not limited to the Joint Data Exchange Center and the Russian-American Observation Satellite; and (10) to increase cooperation between the United States and the Russian Federation on the programs and activities described in sections 2 and 3. (e) Cooperation.--In carrying out its duties, the Commission should receive the full and timely cooperation of United States Government officials, including providing the Commission with analyses, briefings, and other information necessary for the fulfillment of its responsibilities. (f) Report.--The Commission shall, not later than six months after the date of its first meeting, submit to Congress an interim report on its findings and, not later than six months after submission of the interim report, submit to Congress a final report containing its conclusions.

Nuclear and Terrorism Threat Reduction Act of 2002 - States the policy of the United States to work cooperatively with the Russian Federation in order to prevent the diversion of weapons of mass destruction and related materials, including nuclear, biological, and chemical weapons, as well as scientific and technical expertise necessary to design and build weapons of mass destruction.Requires the U.S. Government to work with the Russian Federation to develop comprehensive inventories of Russian weapons-grade material and warheads.Authorizes the President to conclude an agreement with the Russian Federation for the establishment of a joint United States-Russia Commission to Assess the Transition from Mutual Assured Destruction to Mutual Assured Security.

[ 2, 0, 487, 13886, 8, 28294, 20324, 1437, 50136, 15638, 27345, 1783, 9, 5241, 111, 46233, 5, 270, 7, 35, 36, 134, 43, 5242, 13521, 19, 5, 1083, 6692, 5145, 11022, 9023, 9, 2398, 12, 8425, 39501, 8, 2200, 1437, 50136, 282, 37448, 21...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Chronic Care Practice Research Network Act of 2007''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Two-thirds of all Medicare spending involves beneficiaries living with 5 or more chronic conditions. (2) Eighty-four percent of people ages 65 to 70 live with at least one of the following chronic conditions: hypertension, heart disease or heart attack, cancer, diabetes, arthritis, or high cholesterol. (3) Medicare beneficiaries with chronic conditions are more likely to undergo duplicative tests, receive contradictory information from their healthcare providers, experience adverse responses to medications, and undergo hospital visits that could have been prevented. (4) Both traditional fee-for-service Medicare and Medicare Advantage are not currently configured to meet the unique needs of beneficiaries living with multiple chronic conditions. (5) Care for these patients is typically fragmented and delivered by multiple providers working at multiple sites. (6) Medicare has implemented a number of demonstration projects focused on ways to improve care for beneficiaries with multiple chronic conditions, yet there has been limited translation of evidence-based results to the wider chronic care community in a timely manner. (7) As the population of Medicare beneficiaries living with multiple chronic conditions continues to increase, the Centers for Medicare & Medicaid Services should seek more effective actions to test various care models, analyze the outcomes, and implement evidence-based best practices as soon as possible. (8) The United States Government should partner with qualified and experienced health care institutions already serving these beneficiaries to effectively and efficiently develop, evaluate, and translate improvements in coordinated care for them. Generating this information and supporting its translation into clinical practice will serve beneficiaries far more effectively. SEC. 3. MEDICARE CHRONIC CARE PRACTICE RESEARCH NETWORK TO DEVELOP AND APPLY IMPROVED PRACTICES IN COORDINATED CARE FOR MEDICARE BENEFICIARIES WITH MULTIPLE, CHRONIC CONDITIONS. (a) Establishment.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish in accordance with this section a Medicare Chronic Care Practice Research Network (in this section referred to as the ``Network''). (2) Duration.--The initial period of the Network shall be not less than five years. The Secretary may extend or make permanent the Network if the Network's performance demonstrates benefit to the Medicare program. (b) Purpose and Duties of Network.-- (1) Purpose.--The purpose of the Network is to enable highly qualified providers, including providers participating in the Medicare Coordinated Care Demonstration under section 1807 of the Social Security Act (in this section referred to as the ``MCCD''), to form a stable and flexible research infrastructure that accelerates the development and deployment of evidence-based chronic care management practices for Medicare beneficiaries with multiple, chronic conditions. (2) Duties of the network.-- (A) In general.--The Network shall develop and evaluate evidence-based chronic care management practices for Medicare beneficiaries who have two or more chronic illnesses, with a focus on such beneficiaries who are provided benefits under the Medicare fee-for-service program and whose care is most costly. (B) Specific duties.--The Network shall-- (i) research, design, implement, test, and validate specific interventions designed to improve care management for Medicare beneficiaries with multiple chronic conditions; and (ii) provide a reproducible, reliable, and scalable framework to standardize and translate best practices for all Medicare beneficiaries. (3) Financial support.--The Network shall provide financial support in the following areas: (A) Collaboration.--Support of collaboration and networking, including conference calls, meetings, and other forms of communication between and among Network project sites, of publication of guidelines and findings, and of development and dissemination of information on proven, common care management practices. (B) Infrastructure.--Support of research and infrastructure for Network project sites, which may be based upon enrollment size and success of such sites in realizing targets and compliance with data submission requirements. (C) Patient recruitment and care management.-- Support of patient recruitment and care management at Network project sites for the delivery of specific services and ongoing testing of improvements to large patient panels. (D) Evaluation.--Support of internal and external evaluation activities, including evaluation activities conducted at individual Network project sites and the Network. (4) Establishment of target enrollment numbers.--The Secretary and the Network shall jointly develop, based on demographics and previous history, target enrollment numbers for each Network project site. (c) Board of Directors.-- (1) Membership.-- (A) In general.--The Network shall have a Board of Directors (in this section referred to as the ``Board'') composed of the following: (i) CMS administrator.--The Administrator of the Centers for Medicare & Medicaid Services, who shall serve as chairman of the Board and head of the Network. (ii) Ex officio members.-- (I) The Director of the Agency for Health Research and Quality. (II) The Director of the National Institute on Aging. (III) Representatives of other Federal health care and research agency officials, as selected by the Secretary. (iii) Appointed members.--Members appointed under subparagraph (B). (B) Appointed members.-- (i) Initial appointment.--The Secretary shall appoint at least 8 individuals to serve on the Board, including one individual representing each MCCD site. (ii) Additional members.--The Secretary may appoint additional members to the Board to the extent the Secretary determines, including individuals who represent Network project sites not otherwise represented under clause (i). (iii) Term.--The term of office of each member of the Board appointed under this subparagraph shall be five years. (C) Vacancy.--Any vacancy in the membership of the Board-- (i) shall not affect the power of the remaining members to execute the duties of the Board; and (ii) shall be filled by appointment by the Secretary. (2) Project evaluations.--The Board shall provide for both an internal and external evaluation of each Network project site. (3) Initial meeting.--Not later than 60 days after the date members are first appointed under paragraph (1)(B), the Secretary shall convene a meeting of the members of the Board to-- (A) initiate the Network; and (B) begin the planning phase of the Network. (d) Biennial Reports.-- (1) Congressional reports.--Beginning not later than 2 years after the date of the establishment of the Network, the Secretary shall submit to the appropriate committees of Congress biennial reports on the Network. Each report shall include at least the following: (A) A report on progress made toward developing an efficient and effective research infrastructure capable of robustly testing new interventions and models of care for chronically ill Medicare beneficiaries in a timely manner. (B) An evaluation of the overall quality, satisfaction, and cost effectiveness of interventions tested. (C) An evaluation of the capability of the Network to define and test specifications needed to deploy successful interventions on a large geographic or nationwide scale without loss of effectiveness. (D) A description of benefits to the Medicare program resulting from increased collaboration and partnership between Network sites. (E) Any other information regarding the Network that the Secretary determines to be appropriate. (2) Public reports on care models.--Every two years, the Network shall develop and the Secretary shall issue a public report of recommended practices and guidelines for chronic care that summarizes the care models the Network has found to be most effective in managing Medicare beneficiaries with multiple, chronic problems. (e) Waiver.--The Secretary shall waive such provisions of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) as may be necessary for the Network to conduct activities under this section. (f) Funding.--There are authorized to be appropriated from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in such proportions as the Secretary determines to be appropriate, $60,000,000. Such amount shall be available to carry out this section during a 5-fiscal-year period. (g) Definitions.--For purposes of this section: (1) Medicare program.--The term ``Medicare program'' means the programs under title XVIII of the Social Security Act. (2) Network project site.--The term ``Network project site'' means the site of a chronic care management program conducted under the authority of the Network.

Medicare Chronic Care Practice Research Network Act of 2007 - Directs the Secretary of Health and Human Services to establish a Medicare Chronic Care Practice Research Network to develop and evaluate evidence-based chronic care management for Medicare beneficiaries with multiple, chronic conditions, with a focus on beneficiaries under the Medicare fee-for-service program whose care is most costly.

[ 2, 0, 39096, 1322, 38207, 3800, 22084, 1437, 46303, 40321, 36440, 45627, 36, 39096, 1322, 43, 1624, 3658, 1783, 9, 3010, 111, 46233, 5, 1863, 9, 1309, 8, 3861, 1820, 36, 725, 6391, 43, 7, 35, 36, 134, 43, 5242, 10, 4375, 8, 9538, ...

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Higher Education Accrediting Agency Responsibility Act of 2002''. (b) References to Higher Education Act of 1965.--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 Higher Education Act of 1965. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Accrediting agencies were originally intended to provide voluntary, nongovernmental oversight of institutions of higher education. (2) However, Congress has allowed accreditors to become gatekeepers of more than $40,000,000,000 of Federal student aid funds due to such agencies role, enshrined in current Federal law, to help determine an institution's eligibility to participate in Federal student aid programs. (3) More effective and less costly mechanisms are already in place to protect students and parents, as no institution can receive Federal funds until the Department of Education certifies its financial and administrative capacity. Additionally, the amount of useful information publicly available about the quality of academic institutions has grown dramatically in recent years and now far exceeds the minimal amount conveyed by the accreditation system. (4) It is virtually unknown for an institution to be denied accreditation because of low educational values, despite growing public concern that American college graduates are lacking the skills necessary for participation in civic life. (5) The time and effort required of institutions of higher education to comply with the accreditation process imposes costs which must ultimately be borne by students and parents. (b) Purposes.--The purposes of this Act are as follows: (1) To refocus the purpose of accreditation on providing comparative information about the quality of institutions of higher education, rather than determining student aid eligibility, which should properly be the responsibility of the Department of Education. (2) To end the virtual monopoly that today's accrediting agencies enjoy, and require them to operate in a competitive environment like any other industry. SEC. 3. AMENDMENTS AND REPEALS. (a) Qualification of Institutions of Higher Education.--Section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) is amended-- (1) in subsection (a)-- (A) by adding ``and'' at the end of paragraph (3); (B) by striking ``; and'' at the end of paragraph (4) and inserting a period; and (C) by striking paragraph (5); and (2) by striking subsection (c). (b) Qualification of Proprietary Institutions of Higher Education.--Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended-- (1) by striking subparagraph (D); and (2) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. (c) National Advisory Committee on Institutional Quality and Integrity.--Section 114 (20 U.S.C. 1011c) is repealed. (d) Disclosures of Foreign Gifts.--Section 117(h)(4) (20 U.S.C. 1011f(h)(4)) is amended-- (1) by adding ``and'' at the end of subparagraph (A); and (2) by striking subparagraph (C). (e) Title III Eligible Institutions.--Section 312(b)(1) (20 U.S.C. 1058(b)(1)) is amended-- (1) by striking subparagraph (D); and (2) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. (f) Title III Definitions.--Section 322(2) (20 U.S.C. 1061(2)) is amended-- (1) by inserting ``and'' after ``1964'',''; and (2) by striking ``and that is accredited'' and all that follows through ``toward accreditation,''. (g) HBCU Capital Financing.--Section 342(5) (20 U.S.C. 1066a(5)) is amended-- (1) by adding ``and'' at the end of subparagraph (F); (2) by striking subparagraph (G); and (3) by redesignating subparagraph (H) as subparagraph (G). (h) Conforming Amendment.--Section 365 (20 U.S.C. 1067k) is amended-- (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) through (9) as paragraphs (1) through (8), respectively. (i) Distance Education Demonstration Programs.--Section 486(c)(2) (20 U.S.C. 1093(c)(2)) is amended-- (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively. (j) Program Participation Agreements.--Section 487 (20 U.S.C. 1094) is amended-- (1) in subsection (a)(3)-- (A) by adding ``and'' at the end of subparagraph (A); (B) by striking ``; and'' at the end of subparagraph (B) and inserting a period; and (C) by striking subparagraph (C); (2) in subsection (a)(15), by striking ``accrediting agencies,''; (3) in subsection (a)(21), by striking ``and accrediting agencies or associations''; and (4) in subsection (c)(5)-- (A) by inserting ``and'' after ``eligible lenders,''; and (B) by striking ``, and accrediting agencies or associations''. (k) Accrediting Agency Recognition.--Section 496 (20 U.S.C. 1099b) is repealed. (l) Eligibility and Certification Procedures.--Section 498 (20 U.S.C. 1099c) is amended-- (1) in subsection (a), by striking ``accreditation''; and (2) in subsection (b), by striking ``accreditation,'' each place it appears. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply be effective on September 1, 2002.

Higher Education Accrediting Agency Responsibility Act of 2002 - Amends the Higher Education Act of 1965 (HEA) to remove requirements that institutions of higher education (IHEs) be accredited or preaccredited by a nationally recognized accrediting agency or association in order to receive Federal funds under various HEA programs, including student aid under HEA title IV.Removes such accreditation requirements with respect to IHEs, proprietary IHEs, special institutional aid under HEA title III, historically Black college and university capital financing, distance education demonstration programs, and student assistance program participation agreements.Repeals provisions for: (1) the National Advisory Committee on Institutional Quality and Integrity; and (2) recognition of accrediting agencies or associations under HEA.

[ 2, 0, 10127, 8845, 5, 13620, 3061, 1783, 9, 18202, 7, 35, 36, 134, 43, 2703, 7678, 2050, 2838, 2244, 7, 28, 1437, 50136, 1437, 1437, 1437, 2537, 1437, 1437, 36, 176, 43, 25797, 4, 178, 36, 246, 43, 2703, 106, 7, 8096, 19, 5, 7...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Fairness for Seniors Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Manufacturers of prescription drugs engage in price discrimination practices that compel many older Americans to pay substantially more for prescription drugs than the drug manufacturers' most favored customers, such as health insurers, health maintenance organizations, and the Federal Government. (2) On average, older Americans who buy their own prescription drugs pay twice as much for prescription drugs as the drug manufacturers' most favored customers. In some cases, older Americans pay over 15 times more for prescription drugs than the most favored customers. (3) The discriminatory pricing by major drug manufacturers sustains their annual profits of $20,000,000,000, but causes financial hardship and impairs the health and well-being of millions of older Americans. More than one in eight older Americans are forced to choose between buying their food and buying their medicines. (4) Most federally funded health care programs, including Medicaid, the Veterans Health Administration, the Public Health Service, and the Indian Health Service, obtain prescription drugs for their beneficiaries at low prices. Medicare beneficiaries are denied this benefit and cannot obtain their prescription drugs at the favorable prices available to other federally funded health care programs. (5) It has been estimated that implementation of the policy set forth in this Act will reduce prescription prices for Medicare beneficiaries by more than 40 percent. (6) In addition to substantially lowering health care costs for older Americans, implementation of the policy set forth in this Act will significantly improve the health and well-being of older Americans and lower the costs to the Federal taxpayer of the Medicare program. (b) Purpose.--The purpose of this Act is to protect Medicare beneficiaries from discriminatory pricing by drug manufacturers and to make prescription drugs available to Medicare beneficiaries at substantially reduced prices, by allowing pharmacies to purchase drugs for Medicare beneficiaries at the substantially reduced price available under the Federal Supply Schedule. SEC. 3. MEDICARE BENEFICIARY DRUG BENEFIT CARD. The Secretary of Health and Human Services shall furnish to each Medicare beneficiary a drug benefit card that enables the beneficiary to purchase covered prescription drugs from participating pharmacies at reduced prices pursuant to section 4. SEC. 4. PARTICIPATING PHARMACIES. (a) Agreements to Participate.--Any qualified pharmacy may enter into an agreement with the Secretary that enables the pharmacy to sell covered outpatient drugs to holders of Medicare drug benefit cards at a reduced price, by authorizing the pharmacy to operate as a participating pharmacy under this Act. (b) Right of Participating Pharmacies To Obtain Drugs.--An agreement under this section shall entitle the participating pharmacy to purchase any covered outpatient drug that is listed on the Federal Supply Schedule of the General Services Administration at the participating pharmacy discount price for that drug determined under subsection (d). (c) Quantity of Drugs Purchased.--An agreement under this section shall permit the participating pharmacy to purchase under this Act as much of a covered outpatient drug as is sold by the pharmacy to holders of Medicare drug benefit cards. (d) Participating Pharmacy Discount Price.-- (1) In general.--The Secretary shall determine a participating pharmacy discount price for each covered outpatient drug. (2) Determination.--The participating pharmacy discount price for a covered outpatient drug shall be determined by adding-- (A) the price at which the drug is available to Federal agencies from the Federal Supply Schedule under section 8126 of title 38, United States Code; plus (B) an amount that reflects the administrative costs incurred by the Secretary in administering this Act. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer this Act in a manner that uses existing methods of obtaining and distributing drugs to the maximum extent possible, consistent with efficiency and cost effectiveness. (b) Regulations.--The Secretary shall issue such regulations as may be necessary to implement this Act. SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall report to the Congress regarding the effectiveness of this Act in-- (1) protecting Medicare beneficiaries from discriminatory pricing by drug manufacturers; and (2) making prescription drugs available to Medicare beneficiaries at substantially reduced prices. (b) Consultation.--In preparing such reports, the Secretary shall consult with public health experts, affected industries, organizations representing consumers and older Americans, and other interested persons. (c) Recommendations.--The Secretary shall include in such reports any recommendations they consider appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to Medicare beneficiaries. SEC. 7. DEFINITIONS. In this Act: (1) Covered outpatient drug.--The term ``covered outpatient drug'' has the meaning given that term in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)). (2) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, or both. (3) Medicare drug benefit card.--The term ``Medicare drug benefit card'' means such a card issued under section 3. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 8. EFFECTIVE DATE. The Secretary shall implement this Act as expeditiously as practicable and in a manner consistent with the obligations of the United States.

Prescription Drug Fairness for Seniors Act of 1998 - Directs the Secretary of Health and Human Services to furnish each Medicare beneficiary under title XVIII of the Social Security Act with a drug benefit card enabling the beneficiary to purchase covered outpatient prescription drugs listed on the Federal Supply Schedule from participating pharmacies at reduced prices.

[ 2, 0, 28917, 33112, 8006, 3896, 1825, 13, 1437, 50136, 24365, 10327, 1783, 9, 6708, 111, 46233, 5, 1863, 9, 1309, 8, 3861, 1820, 7, 35, 36, 134, 43, 3094, 10, 6051, 15288, 6720, 425, 13, 349, 2913, 30029, 1262, 4, 178, 36, 176, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Made in America Act of 2016''. SEC. 2. AMERICA STAR LABELS. (a) Establishment.--Not later than 2 years after the date of the enactment of this Act, the Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, to establish labels that a person may use as a voluntary means of indicating to consumers the extent to which products that such person introduces, delivers for introduction, sells, advertises, or offers for sale in commerce are of United States origin. Such labels shall be known as America Star labels. (b) Requirements for Labels.-- (1) In general.--The regulations required by subsection (a) shall establish 4 America Star labels, as follows: (A) A label that may be used for a product that satisfies the standard for an unqualified United States origin claim set forth by the Commission in the Enforcement Policy Statement. (B) A label that may be used for a product for which not less than 90 percent of the total cost of manufacturing the product is attributable to United States costs, as determined under the Enforcement Policy Statement. (C) A label that may be used for a product for which not less than 80 percent of the total cost of manufacturing the product is attributable to United States costs, as determined under the Enforcement Policy Statement. (D) A label that may be used for a product for which not less than 70 percent of the total cost of manufacturing the product is attributable to United States costs, as determined under the Enforcement Policy Statement. (2) Goals.--The America Star labels shall be designed to achieve the following goals: (A) Providing clarity for consumers about the extent to which products are manufactured in the United States. (B) Encouraging manufacturers to manufacture more products in the United States. (C) Highlighting the importance of domestic manufacturing for the economy of the United States. (3) Appearance and content; additional standards and requirements.--The regulations required by subsection (a) shall establish the visual appearance and content of the America Star labels, any standards (in addition to the standards described in paragraph (1)) that a product shall meet in order for a particular America Star label to be used for such product, and requirements for the permissible use of the America Star labels, as the Commission considers appropriate to achieve the goals described in paragraph (2) and to ensure that the labels-- (A) are consistent with public perceptions of the meaning of descriptions of the extent to which a product is of United States origin; and (B) are not used in a way that is unfair or deceptive, including, for a product that does not meet the standards for an America Star label, placing such label on such product, using such label in any marketing materials for such product, or in any other way representing that such product meets the standards of such label. (c) Use of Labels Voluntary.--The Commission may not require a person who makes a qualified or unqualified claim that a product is of United States origin to use an America Star label to make such claim. (d) Rule of Construction.--Nothing in this Act shall be construed to affect the standards of the Commission in effect on the day before the date of the enactment of this Act for a qualified or unqualified claim that a product is of United States origin. (e) Consultation.--In promulgating the regulations required by subsection (a), the Commission shall consult with-- (1) the Commissioner of United States Customs and Border Protection in order to ensure consistency with the country of origin labeling requirements under section 304 of the Tariff Act of 1930 (19 U.S.C. 1304); and (2) the United States Trade Representative in order to ensure consistency with the obligations of the United States under international trade agreements. (f) Enforcement.-- (1) Unfair or deceptive acts or practices.--A violation of a regulation promulgated under this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Commission shall enforce the regulations promulgated under 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. Any person who violates a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. SEC. 3. PREEMPTION OF CERTAIN STATE REQUIREMENTS. (a) Requirements More Stringent Than FTC Standards.--Section 320933 of the Violent Crime Control and Law Enforcement Act of 1994 (15 U.S.C. 45a) and any regulation promulgated by the Commission under such section shall supercede any provision of law of a State or a political subdivision of a State that imposes more stringent requirements relating to the extent to which any person may introduce, deliver for introduction, sell, advertise, or offer for sale in commerce a product with a ``Made in the U.S.A.'' or ``Made in America'' label, or the equivalent thereof, in order to represent that such product is in whole or substantial part of domestic origin. (b) Requirements Limiting Ability To Use America Star Labels.--The regulations promulgated under section 2 shall supercede any provision of law of a State or a political subdivision of a State relating to the extent to which any person introduces, delivers for introduction, sells, advertises, or offers for sale in commerce a product with a ``Made in the U.S.A.'' or ``Made in America'' label, or the equivalent thereof, in order to represent that such product is in whole or substantial part of domestic origin, to the extent that such provision would have the effect of limiting the ability of a person to use an America Star label with respect to a product in accordance with such regulations. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Enforcement policy statement.--The term ``Enforcement Policy Statement'' means the Enforcement Policy Statement on U.S. Origin Claims issued by the Commission in December 1998, or any successor guidance or regulation. (3) State.--The term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe.

Made in America Act of 2016 This bill directs the Federal Trade Commission (FTC) to establish labels that persons or businesses may use voluntarily to indicate to consumers the extent to which products introduced, delivered for introduction, sold, advertised, or offered for sale in commerce are of U.S. origin. The FTC must establish four categories of such labels, to be known as America Star labels, which may be used to designate products: (1) that satisfy the standard for an unqualified U.S. origin claim set forth by the FTC in the Enforcement Policy Statement on U.S. Origin Claims; or (2) for which not less than 90%, 80%, or 70% of the total cost of manufacturing is attributable to U.S. costs. The FTC must promulgate regulations for such labels and enforce such regulations under the Federal Trade Commission Act. The bill also preempts certain state law requirements relating to the use of "Made in the U.S.A." or "Made in America" labels. The preemption provisions provide for: (1) the Violent Crime Control and Law Enforcement Act of 1994 to supersede state laws that impose more stringent requirements, and (2) FTC regulations under this bill to supersede state laws.

[ 2, 0, 29709, 11, 730, 1783, 9, 336, 111, 46233, 5, 1463, 7, 35, 36, 134, 43, 5242, 204, 730, 2141, 14105, 4, 36, 176, 43, 5242, 10, 632, 2526, 13, 5, 304, 9, 215, 14105, 4, 178, 36, 246, 43, 1306, 14, 215, 14105, 32, 4292, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Trafficking Vessel Interdiction Act of 2008''. TITLE I--CRIMINAL PROHIBITION SEC. 101. FINDINGS AND DECLARATIONS. Congress finds and declares that operating or embarking in a submersible vessel or semi-submersible vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the security of the United States. SEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY. (a) In General.--Chapter 111 of title 18, United States Code, is amended by adding at the end the following new section: ``2285. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY. ``(a) Offense.--Whoever knowingly operates, or attempts or conspires to operate, by any means, or embarks in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to evade detection, shall be fined under this title, imprisoned not more than 15 years, or both. ``(b) Evidence of Intent To Evade Detection.--For purposes of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) of title 46 may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection. ``(c) Extraterritorial Jurisdiction.--There is extraterritorial Federal jurisdiction over an offense under this section, including an attempt or conspiracy to commit such an offense. ``(d) Claim of Nationality or Registry.--A claim of nationality or registry under this section includes only-- ``(1) possession on board the vessel and production of documents evidencing the vessel's nationality as provided in article 5 of the 1958 Convention on the High Seas; ``(2) flying its nation's ensign or flag; or ``(3) a verbal claim of nationality or registry by the master or individual in charge of the vessel. ``(e) Affirmative Defenses.-- ``(1) In general.--It is an affirmative defense to a prosecution for a violation of subsection (a), which the defendant has the burden to prove by a preponderance of the evidence, that the submersible vessel or semi-submersible vessel involved was, at the time of the offense-- ``(A) a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law; ``(B) classed by and designed in accordance with the rules of a classification society; ``(C) lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or ``(D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system. ``(2) Production of documents.--The affirmative defenses provided by this subsection are proved conclusively by the production of-- ``(A) government documents evidencing the vessel's nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas; ``(B) a certificate of classification issued by the vessel's classification society upon completion of relevant classification surveys and valid at the time of the offense; or ``(C) government documents evidencing licensure, regulation, or registration for commerce, research, or exploration. ``(f) Federal Activities Excepted.--Nothing in this section applies to lawfully authorized activities carried out by or at the direction of the United States Government. ``(g) Applicability of Other Provisions.--Sections 70504 and 70505 of title 46 apply to offenses under this section in the same manner as they apply to offenses under section 70503 of such title. ``(h) Definitions.--In this section, the terms `submersible vessel', `semi-submersible vessel', `vessel of the United States', and `vessel without nationality' have the meaning given those terms in section 70502 of title 46.''. (b) Clerical Amendment.--The chapter analysis for chapter 111 of title 18, United States Code, is amended by inserting after the item relating to section 2284 the following: ``2285. Operation of submersible vessel or semi-submersible vessel without nationality''. SEC. 103. SENTENCING GUIDELINES. (a) In General.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall promulgate sentencing guidelines (including policy statements) or amend existing sentencing guidelines (including policy statements) to provide adequate penalties for persons convicted of knowingly operating by any means or embarking in any submersible vessel or semi-submersible vessel in violation of section 2285 of title 18, United States Code. (b) Requirements.--In carrying out this section, the United States Sentencing Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offense described in section 2285 of title 18, United States Code, and the need for deterrence to prevent such offenses; (2) account for any aggravating or mitigating circumstances that might justify exceptions, including-- (A) the use of a submersible vessel or semi-submersible vessel described in section 2285 of title 18, United States Code, to facilitate other felonies; (B) the repeated use of a submersible vessel or semi- submersible vessel described in section 2285 of title 18, United States Code, to facilitate other felonies, including whether such use is part of an ongoing criminal organization or enterprise; (C) whether the use of such a vessel involves a pattern of continued and flagrant violations of section 2285 of title 18, United States Code; (D) whether the persons operating or embarking in a submersible vessel or semi-submersible vessel willfully caused, attempted to cause, or permitted the destruction or damage of such vessel or failed to heave to when directed by law enforcement officers; and (E) circumstances for which the sentencing guidelines (and policy statements) provide sentencing enhancements; (3) ensure reasonable consistency with other relevant directives, other sentencing guidelines and policy statements, and statutory provisions; (4) make any necessary and conforming changes to the sentencing guidelines and policy statements; and (5) ensure that the sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. TITLE II--CIVIL PROHIBITION SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY. (a) Finding and declaration.--Section 70501 of title 46, United States Code, is amended-- (1) by inserting ``(1)'' after ``that''; and (2) by striking ``States.'' and inserting ``States and (2) operating or embarking in a submersible vessel or semi-submersible vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the security of the United States.''. SEC. 202. OPERATION PROHIBITED. (a) In General.--Chapter 705 of title 46, United States Code, is amended by adding at the end thereof the following: ``70508. Operation of submersible vessel or semi-submersible vessel without nationality ``(a) In General.--An individual may not operate by any means or embark in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to evade detection. ``(b) Evidence of Intent To Evade Detection.--In any civil enforcement proceeding for a violation of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection. ``(c) Defenses.-- ``(1) In general.--It is a defense in any civil enforcement proceeding for a violation of subsection (a) that the submersible vessel or semi-submersible vessel involved was, at the time of the violation-- ``(A) a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law; ``(B) classed by and designed in accordance with the rules of a classification society; ``(C) lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or ``(D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system. ``(2) Production of documents.--The defenses provided by this subsection are proved conclusively by the production of-- ``(A) government documents evidencing the vessel's nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas; ``(B) a certificate of classification issued by the vessel's classification society upon completion of relevant classification surveys and valid at the time of the offense; or ``(C) government documents evidencing licensure, regulation, or registration for research or exploration. ``(d) Civil Penalty.--A person violating this section shall be liable to the United States for a civil penalty of not more than $1,000,000.'' (b) Conforming Amendments.-- (1) The chapter analysis for chapter 705 of title 46, United States Code, is amended by inserting after the item relating to section 70507 the following: ``70508. Operation of submersible vessel or semi-submersible vessel without nationality''. (2) Section 70504(b) of title 46, United States Code, is amended by inserting ``or 70508'' after ``70503''. (3) Section 70505 of title 46, United States Code, is amended by striking ``this title'' and inserting ``this title, or against whom a civil enforcement proceeding is brought under section 70508,''. SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED. Section 70502 of title 46, United States Code, is amended by adding at the end thereof the following: ``(f) Semi-submersible Vessel; Submersible Vessel.--In this chapter: ``(1) Semi-submersible vessel.--The term `semi-submersible vessel' means any watercraft constructed or adapted to be capable of operating with most of its hull and bulk under the surface of the water, including both manned and unmanned watercraft. ``(2) Submersible vessel.--The term `submersible vessel' means a vessel that is capable of operating completely below the surface of the water, including both manned and unmanned watercraft.''. 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 introduced. The expanded summary of the Senate passed version is repeated here.) Drug Trafficking Vessel Interdiction Act of 2008 - Title I: Criminal Prohibition - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating, attempting or conspiring to operate, or embarking in any submersible or semi-submersible vessel that is without nationality in, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to avoid detection. Grants extraterritorial federal jurisdiction over an offense under this Act. Specifies that a claim of nationality or registry under this Act includes only: (1) possession on board the vessel and production of documents evidencing the vessel's nationality as provided in the 1958 Convention on the High Seas; (2) flying its nation's ensign or flag; or (3) a verbal claim of nationality or registry by the person in charge of the vessel. Makes it an affirmative defense to a prosecution under this Act that a vessel operated at the time of a violation was: (1) a vessel of the Untied States or lawfully registered in a foreign nation; (2) classed by and designated in accordance with the rules of a classification society; (3) lawfully operated in a government regulated or licensed activity; or (4) equipped with and using an operable automatic identification system, vessel monitoring system, or a long range identification and tracking system. Specifies the documents required to conclusively prove an affirmative defense. Directs the U.S. Sentencing Commission to promulgate or amend sentencing guidelines to provide adequate penalties for violating the criminal prohibition imposed by this Act. Title II: Civil Prohibition - Imposes a civil penalty of up to $1 million for a violation of this Act. Allows the same defenses to a civil enforcement proceeding as for a criminal prosecution under this Act. Defines a "semi-submersible vessel" as any manned or unmanned watercraft constructed or adapted to operate with most of its hull and bulk under the surface of the water. Defines a "submersible vessel" as a manned or unmanned vessel capable of operating completely below the surface of the water.

[ 2, 0, 41533, 34083, 10176, 41553, 3870, 417, 26579, 1783, 9, 2266, 111, 1918, 8845, 1270, 4059, 6, 315, 532, 8302, 7, 35, 36, 134, 43, 18262, 5, 304, 9, 2849, 12822, 4748, 9190, 50, 4126, 12, 10936, 12822, 4748, 9048, 396, 26241, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stepping Up to STEM Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Technology and the Internet have transformed nearly every aspect of both the global economy and our daily lives. In a technology-rich world, no amount of memorizing information will make a student competitive in the global labor market. America needs an education system that supports students from all walks of life in becoming inquisitive, resourceful thinkers who use technology to pursue knowledge, collaborate across geographic and cultural boundaries, acquire new skills, and solve complex problems. (2) Equality and equity of access is more than access to the same hardware, software, and broadband connections. It includes access to the best digital learning resources and access to teachers who know how to orchestrate the use of these resources in ways that inspire students and produce better learning outcomes. (3) Technology by itself will not improve student outcomes. What is needed are carefully designed innovations that include not just technology but also good learning content, effective instructional strategies, supports for teachers and school systems figuring out how to use the new approach, and the capacity to collect, analyze and reflect on data that will show whether or not the innovation is having the intended effects. (4) Effective learning technology implementations addressing the challenging aspects of language arts, mathematics and science that all students are expected to master. This will require partnerships among education agencies, education researchers, and technology developers with the common goal of harnessing technology to provide opportunities for deeper learning to students who would not otherwise experience them. SEC. 3. OFFICE OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION WITHIN THE DEPARTMENT OF EDUCATION. (a) Assistant Secretary.--Section 202 of the Department of Education Organization Act (20 U.S.C. 3412) is amended in subsection (b)(1)-- (1) in subparagraph (E) by striking ``and'' at the end; (2) by redesignating subparagraph (F) as (G); and (3) by inserting after subparagraph (E) the following: ``(F) an Assistant Secretary for Science, Technology, Engineering, and Mathematics Education (in this Act referred to as the `Assistant Secretary for STEM Education'); and''. (b) Office.--Title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the end the following: ``SEC. 221. OFFICE OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION. ``(a) In General.--There shall be in the Department of Education an Office of Science, Technology, Engineering, and Mathematics Education (in this section referred to as the `Office of STEM Education'), to be administered by the Assistant Secretary for STEM Education appointed under section 202(b). ``(b) Responsibilities.--The Assistant Secretary of STEM Education, acting through the Office, shall serve as the principal advisor to the Secretary on matters affecting science, technology, engineering, and math education, and shall administer such functions representing STEM education, including the coordination of STEM activities and programs across Federal agencies. ``(c) Evaluation and Report.--The Assistant Secretary for STEM Education shall conduct an independent evaluation, through grant or by contract, of the STEM education programs administered by the Department, at least every 5 years, which shall include-- ``(1) conducting an assessment of STEM education activities within the Department by using the evaluations and reports of these programs to determine these programs' impact on-- ``(A) the quantity of students taking advanced placement in STEM areas and seeking STEM degrees; ``(B) the quantity of students exposed to STEM content in the hours outside of the regular school day; ``(C) student academic achievement in mathematics and science; and ``(D) the increased number of highly qualified STEM teachers, STEM content coaches, and STEM master educators; and ``(2) the preparation and submission of a report on the results of the evaluation described in paragraph (1) to the Committee on Health, Education, Labor, and Pensions and the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Education and the Workforce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives. ``(d) Authorization of Appropriations.--There are authorized to be appropriated $1,500,000 to carry out this section for fiscal year 2014 and such sums as may be necessary for each fiscal year thereafter.''. SEC. 4. ADVANCED RESEARCH PROJECTS AGENCY FOR EDUCATION. Title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.), as amended by section 2 of this Act, is further amended by adding at the end the following: ``SEC. 222. ADVANCED RESEARCH PROJECTS AGENCY FOR EDUCATION. ``(a) Establishment.--There shall be in the Department an Advanced Research Projects Agency for Education (referred to in this section as `ARPA-ED'). ``(b) Purposes.--ARPA-ED is established under this section for the purposes of pursuing breakthrough research and development in educational technology and providing the effective use of the technology to improve achievement for all students, by-- ``(1) integrating STEM related content areas including science, technology, computer science, engineering design, mathematics and computational thinking; ``(2) identifying and promoting revolutionary advances in fundamental and applied sciences and engineering that could be translated into new learning technologies; ``(3) developing novel learning technologies, and the enabling processes and contexts for effective use of those technologies; ``(4) developing, testing, and evaluating the impact and efficacy of those technologies; ``(5) developing educational technology innovations including data analytic tools that help State educational agencies and local educational agencies with reporting required under Federal accountability mandates; ``(6) accelerating transformational technological advances in areas in which the private sector, by itself, is not likely to accelerate such advances because of difficulties in implementation or adoption, or technical and market uncertainty; ``(7) coordinating activities with nongovernmental entities to demonstrate technologies and research applications to facilitate technology transfer; and ``(8) encouraging educational research using new technologies and the data produced by the technologies. ``(c) Coordination.-- ``(1) The Agency shall work closely and collaboratively between agencies in order to maximize the Federal effort and investment to the Project. ``(2) The Agency shall work with the National Science Foundation's Cyber Learning Program. ``(d) Authorities of Secretary.--The Secretary is authorized to-- ``(1) appoint a Director, who shall be responsible for carrying out the purposes of ARPA-ED, as described in subsection (b), and such additional functions as the Secretary may prescribe; ``(2) establish processes for the development and execution of projects and the solicitation of entities to carry out the projects in a manner that is-- ``(A) tailored to the purposes of ARPA-ED and not constrained by other Department-wide administrative requirements that could detract from achieving program results; and ``(B) designed to heighten transparency, and public- and private-sector involvement, to ensure that investments are made in the most promising areas; ``(3) award grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (in accordance with such regulations as the Secretary may establish regarding other transactions); ``(4) obtain independent, periodic, rigorous evaluations, as appropriate, of-- ``(A) the effectiveness of the processes ARPA-ED is using to achieve its purposes; and ``(B) the effectiveness of individual projects assisted by ARPA-ED, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of ongoing projects assisted by ARPA-ED for further investment or increased scale; and ``(5) disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), the regional educational laboratories system established under section 174 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564), or such other means as the Secretary determines to be appropriate, information on effective practices and technologies developed with ARPA-ED support. ``(e) Evaluation Funds.--The Secretary may use funds made available for ARPA-ED to pay the cost of the evaluations under subsection (c)(6). ``(f) Federal Advisory Committee Act.--Notwithstanding any other provision of law, any advisory committee convened by the Secretary to provide advice with respect to this section shall be exempt from the requirements of the Federal Advisory Committee Act (5 U.S.C. App.) and the definition of `employee' in section 2105 of title 5, United States Code, shall not be considered to include any appointee to such a committee. ``(g) Nonduplication.--To the maximum extent practicable, the Secretary shall ensure that grants, contracts, cooperative agreements, cash prizes, or other assistance or arrangements awarded or entered into pursuant to this section that are designed to carry out the purposes of ARPA-ED do not duplicate activities under programs carried out under Federal law other than this section by the Department or other Federal agencies.''. SEC. 5. STATE NETWORKS AND CONSORTIA ON SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION. (a) In General.--From amounts made available to carry out this section, the Secretary of Education shall make grants to eligible networks to expand STEM education. (b) Eligible Network Defined.--In this section, the term ``eligible network'' means a State-based STEM network or similar organization, which-- (1) may include the participation of State officials, educators, administrators, afterschool providers, out of school time educators, parents, industry leaders, philanthropists, and representatives from the STEM communities; (2) aims to increase student achievement and experiences in the STEM disciplines at the elementary schools and secondary schools in its State, and out of school programs and particularly for students with a high concentration of historically under represented students and at rural schools (within the meaning of part B of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6201 et seq.)); and (3) aims to increase the number of quality afterschool programs offering STEM learning opportunities, particularly for students from populations traditionally under-represented in the STEM fields. (c) Eligible Network Application.-- (1) In general.--An eligible network seeking a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Matching requirement.--In order to receive a grant under this section, an eligible network shall agree to provide, either directly or through private contributions, non-Federal matching funds equal to not less than 30 percent of the amount of the grant. (d) Uses of Funds.--Each eligible network receiving a grant under this section shall use the funds to carry out one or more of the following: (1) Testing, validating, sharing, and scaling up STEM education research, promising practices, and exemplary programs among members of the network and with other eligible networks receiving grants under this section. (2) Identifying points of weakness and strength among State STEM education efforts, prioritizing strategies for addressing problem areas, and communicating State needs to the Secretary. (3) Assisting in the implementation of rigorous career and college ready standards in STEM education for grades prekindergarten through grade 12 that reflect and take into consideration-- (A) career and college ready standards in STEM disciplines; (B) established international standards and 21st century skills that include critical thinking, problem solving, communication, collaboration, creativity, and innovation; (C) the needs of English language learners and special education students; and (D) the need to increase STEM literacy of prekindergarten through grade 12 students. (4) Assisting the development of innovative STEM assessments that measure interest, engagement, and content proficiency. (5) Supporting the implementation of STEM assessments that measure career and college ready standards. (6) Promoting and developing rigorous undergraduate pre- service teacher programs in institutions of higher education that emphasize STEM content with emphasis on the elementary educator. (7) Promoting and developing curriculum tools and professional development for STEM educators both in school and out of school. (8) Developing STEM career pathways that reflect the projected STEM workforce needs of the 21st century that may include mentoring programs and STEM professional outreach. (9) Developing STEM-related education and workforce training programs in secondary schools and community colleges to reflect the needs of the local community. (10) Developing systems for the implementation of expanded learning opportunities on school sites to enhance STEM education inside and outside of the classroom. (11) Promoting, supporting, and designing programs that develop STEM content coaches and master educators in order to strengthen core competencies of the classroom practitioner. (e) Evaluation and Report.--Not later than 2 years after receiving a grant under this section, each eligible network receiving such a grant shall-- (1) conduct periodic independent evaluations, by grant or by contract, of the eligible network's effectiveness at accomplishing the activities described in this section, which shall include an assessment of the impact of such activities on STEM teaching and learning; and (2) prepare and submit a report on the results of each evaluation described in paragraph (1) to the Secretary and make for dissemination to other STEM Networks. (f) Prohibitions.--In implementing this section, the Secretary may not-- (1) endorse, approve, or sanction any STEM curriculum designed for use in any elementary school, secondary school, or institution of higher education; or (2) engage in oversight, technical assistance, or activities that will require the adoption of a specific STEM program or instructional materials by a State, local educational agency, or school. (g) Total Amount of Grants.--The total amount of grants made under this section in any fiscal year may not exceed $20,000,000. (h) Definitions.--In this section: (1) The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) The term ``high concentration of low-income students'' has the meaning given such term in section 1707 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537). (3) The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) The term ``Secretary'' means the Secretary of Education. (5) The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of Northern Mariana Islands, American Samoa, and the United States Virgin Islands. (6) The term ``STEM'' means science, technology, engineering, and mathematics. (7) The term ``21st century readiness initiative'' means any initiative that-- (A) embeds core academic subjects with critical skills; and (B) is focused on ensuring that students are prepared for postsecondary education and careers, upon graduation from secondary school.

Stepping Up to STEM Act of 2013 - Amends the Department of Education Organization Act to establish the Office of Science, Technology, Engineering, and Mathematics (STEM) Education within the Department of Education to administer STEM education. Directs the Office of STEM Education to conduct an independent evaluation of the Department's STEM Education programs at least once every five years. Establishes an Advanced Research Projects Agency for Education (ARPA-ED) within the Department to pursue breakthrough research and development in educational technology and to facilitate the effective use of that technology to improve student achievement. Directs the Secretary of Education to award matching grants to state-based STEM networks or similar organizations of STEM stakeholders to increase students' achievement in the STEM disciplines in elementary and secondary schools and in out of school and afterschool programs. Includes among grant uses: testing, sharing, and scaling up STEM education research, promising practices, and exemplary programs; identifying state STEM education weaknesses and prioritizing strategies to address them; implementing rigorous career and college ready standards in STEM education; developing and implementing innovative STEM assessments that measure student progress toward those career and college ready standards; promoting and developing pre- and in-service STEM teacher training; developing STEM career pathways and workforce education and training programs that reflect 21st century workforce needs; facilitating the implementation of expanded STEM learning opportunities on school sites; and promoting, supporting, and designing programs that develop STEM content coaches and master educators in order to strengthen core competencies of the classroom practitioner. Requires grantees to conduct periodic independent evaluations of their effectiveness in accomplishing those activities. Prohibits the Secretary from: (1) endorsing or approving any STEM curriculum designed for use in an elementary school, secondary school, or institution of higher education; or (2) requiring a state, local educational agency, or school to adopt a specific STEM program or instructional materials.

[ 2, 0, 21426, 5435, 3105, 7, 19652, 1783, 9, 1014, 111, 1918, 8845, 5, 3061, 1783, 7, 2703, 5, 1863, 9, 3061, 7, 35, 36, 134, 43, 146, 7752, 7, 4973, 5984, 3353, 7, 5731, 8, 5731, 19652, 1265, 1767, 4, 178, 36, 176, 43, 5242, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accessing Medicare Therapies Act of 2013''. SEC. 2. COUNTING THE NEGOTIATED PRICE OF DRUGS PROVIDED FREE OR AT NOMINAL CHARGE UNDER COMPASSIONATE TREATMENT PROGRAMS TOWARDS INCURRED OUT-OF-POCKET COSTS. (a) In General.--Section 1860D-2(b)(4) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)) is amended-- (1) in subparagraph (C), by striking ``subparagraph (E)'' and inserting ``subparagraphs (E) and (F)''; and (2) by adding at the end the following new subparagraph: ``(F) Inclusion of negotiated price of drugs provided under compassionate treatment programs.-- ``(i) In general.--In applying subparagraph (A) with respect to an individual enrolled in a prescription drug plan, incurred costs shall include the negotiated price described in clause (ii) of a covered part D drug if-- ``(I) the drug is classified, for purposes of applying tiered copayments consistent with section 1860D- 2(b)(2)(B), in the highest copayment tier (such as a tier 4 for specialty brand-name drugs); ``(II) the drug is furnished to the individual free or at nominal charge under a compassionate treatment program (as defined in clause (iii)); and ``(III) the drug, if furnished other than through such program, is covered under the formulary of the plan or is available through exception or appeal. ``(ii) Negotiated price.--The negotiated price described in this clause, for a covered part D drug which is dispensed to an enrollee-- ``(I) by a pharmacy, is the negotiated price at such pharmacy; or ``(II) other than by a pharmacy, is the average negotiated price for the drug in the prescription drug plan in the zip code of the enrollee as of the date the drug is dispensed. ``(iii) Compassionate treatment program defined.--In this subparagraph, the term `compassionate treatment program' means, with respect to covered part D drugs, a program that-- ``(I) is administered by an entity described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from tax under section 501(a) of such Code; ``(II) takes title to the drugs and distributes the drugs to eligible part D individuals free or at nominal charge on the basis of the entity's assessment of financial need of such individuals; ``(III) does not distribute the drugs to an individual unless the individual's household income (as determined under section 36B of the Internal Revenue Code of 1986) is less than the maximum income level for the taxpayer in the household to be eligible for a refundable credit under such section; and ``(IV) meets such additional requirements as the Inspector General of the Department of Health and Human Services establishes, consistent with guidance and advisory opinions issued under section 1128D, to prevent fraud or abuse in the application of this subparagraph.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to drugs furnished in plan years beginning on or after January 1, 2014.

Accessing Medicare Therapies Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act, with respect to cost-sharing under a prescription drug plan, to require incurred costs to include the negotiated price of a covered part D drug if the drug is: (1) classified in the highest copayment tier; (2) furnished to the individual free or at nominal charge under a compassionate treatment program; and (3) covered under the formulary of the plan, if the drug is furnished other than through such a program, or is available through exception or appeal.

[ 2, 0, 35505, 154, 8999, 7135, 1115, 918, 1783, 9, 1437, 36440, 30529, 10684, 111, 1918, 8845, 5, 3574, 2010, 1783, 7, 35, 36, 134, 43, 2703, 10, 2913, 233, 211, 1262, 7, 28, 1199, 13, 30, 10, 2913, 4745, 9, 5, 1262, 563, 4, 36...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Act of 1999''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to identify those areas which are subject to the highest levels of toxic chemicals, through all media; (2) to require the collection of data on environmental health effects so that impacts on different individuals or groups can be understood; (3) to assess the health effects that may be caused by emissions in those areas of highest impact; (4) to ensure that groups or individuals residing within those areas of highest impact have the opportunity to participate in developing solutions to environmental and health problems confronting their community; (5) to promote technologies and practices that reduce or eliminate pollution; and (6) to promote the development and maintenance of parks and green open spaces in polluted communities. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Environmental Protection Agency. (2) Environmental high impact area.--The terms ``Environmental High Impact Area'' and ``EHIA'' mean the 20 counties or other geographic units that are designated pursuant to section 101. (3) Secretary.--The term ``Secretary'' means the Secretary of the Department of Health and Human Services. (4) Toxic chemicals.--The term ``toxic chemicals'' includes all substances as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; any hazardous waste listed or identified pursuant to the Solid Waste Disposal Act; any pollutant for which air quality standards have been issued pursuant to the Clean Air Act; any pollutant for which water quality standards have been issued pursuant to the Clean Water Act; any pollutant for which a national primary drinking water regulation has been issued pursuant to the Safe Drinking Water Act; all materials registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act; and all substances and chemicals subject to reporting obligations pursuant to the Emergency Planning and Community Right-to-Know Act. The Adminis- trator may add other substances as deemed appropriate. (5) Toxic chemical facilities.--The term ``toxic chemical facilities'' includes all facilities including Federal facilities subject to a permit, inspection or review, or registration requirement pursuant to the authority of the Solid Waste Disposal Act; the Clean Air Act; the Clean Water Act; the Federal Insecticide, Fungicide and Rodenticide Act; and the OSHA Hazard Communication Standard; as well as any facility subject to reporting obligations pursuant to the Emergency Planning and Community Right-to-Know Act. The Administrator shall have the authority to examine the level of toxic chemicals released into the environment by facilities not currently subject to Federal review, inspection, or reporting requirements if (A) a facility is believed to produce a high level of environmental pollution, and (B) the Administrator is petitioned by individuals or groups within such EHIA to conduct the review. TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS SEC. 101. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS. (a) Publication of Method.--Within 12 months after the enactment of this Act, the Administrator shall publish for public comment the method for selecting the EHIAs. (b) Determination of Impacted Areas.--Within 18 months after the date of enactment of this Act, the Administrator shall publish a list of 20 Environmental High Impact Areas that are either counties or other appropriate geographic units in which high levels of chemicals are present and in which the population is exposed to such chemicals. The Administrator shall also take into consideration any geographical areas suggested for review by the Agency for Toxic Substances and Disease Registry, the National Center for Environmental Health, the National Center for Health Statistics, other appropriate Federal agencies, and State and local health authorities. (c) Revision and Republication.--The Administrator shall revise and republish the list described in subsection (a) of this section not less than every 5 years, using data compiled for that 5-year period. (d) Compilation of List.--In selecting a methodology and compiling or revising the list of EHIAs, the Administrator shall-- (1) use the most recent data available; (2) take into account the relative toxicity of the toxic chemicals; (3) determine, with the best available data, the actual and potential exposures, and toxicity of the toxic chemicals present in each impacted area; (4) consider and utilize all appropriate data compiled pursuant to any environmental regulatory authority and other sources, including but not limited to available data on lead- based paint and the existence of pollutants from mobile sources; (5) distinguish between toxic chemicals which are (A) in a contained, controlled environment such as barrels, factories, warehouses, or lined landfills; and (B) released into the air, water, soil or groundwater of the area; and (6) take into account the impact of pollution in high population density areas. TITLE II--ENFORCEMENT INITIATIVES SEC. 201. MANDATORY INSPECTION. To assure that facilities with the highest potential for release of toxic chemicals into the environment are operating in compliance with all applicable environmental, health and safety standards, the Administrator, and the Assistant Secretary of the Occupational Safety and Health Administration shall conduct compliance inspections or reviews of all toxic chemical facilities in Environmental High Impact Areas subject to their respective jurisdictions within 1 year after the publication of each list of EHIAs under title I. TITLE III--COMMUNITY PARTICIPATION SEC. 301. TECHNICAL ASSISTANCE GRANTS. The Administrator shall make a technical assistance grant available to any individual or group of individuals in an EHIA. Such grants shall be used to seek guidance from independent experts for the purpose of improving understanding of environmental and health concerns related to designation as an EHIA. Not more than one grant may be made with respect to each EHIA, but the grant may be renewed to facilitate public participation where necessary. TITLE IV--IDENTIFICATION AND PREVENTION OF HEALTH IMPACTS SEC. 401. SECRETARIAL STUDY. Within 2 years after the publication of each list of EHIAs under title I, the Secretary shall issue for public comment a report identifying the methodology used and nature and extent, if any, of acute and chronic impacts on human health in EHIAs as compared to non- EHIAs, including impacts on subgroups within EHIAs. Such impacts shall include but not be limited to cancer, birth deformities, infant mortality rates, and respiratory diseases. The report shall be coordinated by the Administrator of the Agency for Toxic Substances and Disease Registry and shall involve the community being assessed. The ATSDR shall work closely with the Directors of the National Institute for Environmental Health Sciences, the National Center for Health Statistics, and other appropriate Federal agencies to coordinate the report, relying on the expertise of leading health and environmental scientists. The health assessment shall seek to-- (1) isolate the impacts of environmental pollution; (2) segregate the effects of other factors such as health care availability or substance abuse or diet; (3) evaluate the levels below which release of toxic chemicals, either individually or cumulatively, must be reduced to avoid adverse impacts on human health; and (4) determine the impacts of uncontrolled releases. In conducting health assessments, the Administrator of the Agency for Toxic Substances and Disease Registry and other Federal agencies shall consider: the differential sensitivities to exposures for vulnerable groups; the effects of low levels of a toxin over a period of time; cumulative and synergistic effects of multiple toxins; and methodological issues for studying exposures and diseases among small numbers of people, including units of measurement and analyses sensitive to disease clusters; and demographic information relevant for a determination of environmental justice concerns. As a result of the report in communities where the Administrator of the Agency for Toxic Substances Disease Registry has determined that adverse health impacts exist, the agency shall also make this information readily available to members of the community by providing information directly to the affected communities and tribal governments in the Environmental High Impact Areas. SEC. 402. MORATORIUM. If the report under section 401 finds significant adverse impacts of environmental pollution on human health in EHIAs, there shall be a moratorium on the siting or permitting of any new toxic chemical facility in any EHIA shown to emit toxic chemicals in quantities found to cause significant adverse impacts on human health. A new toxic chemical facility may be cited or permitted in such an EHIA during this period only if the Secretary and Administrator agree that-- (1) there will be no significant adverse impacts to human health; (2) the owner or operator of the facility demonstrates that the facility has developed a plan to maintain a comprehensive pollution prevention program; and (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. The moratorium shall continue in effect in such an EHIA until the Administrator determines, upon petition of any interested party, that the health-based levels identified pursuant to section 401(5) have been attained at the EHIA. TITLE V--HEALTH REMEDIES SEC. 501. HEALTH SCREENING AND TREATMENT GRANTS. Within 1 year after the Secretary's biennial health assessment is released, in EHIAs shown to have adverse health outcomes related to environmental exposures, the Secretary shall establish a grant program to make available to public and nonprofit private entities awards for the purposes of providing community-wide medical screening and diagnostic services for environmentally related illnesses. Treatment services shall be provided for community residents with environmentally related illnesses if they lack private or public health insurance, and shall continue as long as medically necessary. Following community screening, the Secretary shall initiate a review of medical services within EHIAs to determine if the area or population would qualify as ``medically underserved'' or a ``health professional shortage area''. TITLE VI--POLLUTION REDUCTION SEC. 601. POLLUTION REDUCTION AND PREVENTION GRANTS. In EHIAs where the Secretary has determined that adverse health outcomes are related to environmental exposures, the Administrator shall immediately take efforts to reduce pollution in the area. The Administrator shall first make available to States with EHIAs pollution reduction/prevention grants which will involve community representatives, public health experts, local business, and government officials located within the EHIA in developing effective pollution reduction strategies. If within 1 year, the Administrator determines that significant steps have not been made to reduce pollution and risk to human health, the Administrator may take regulatory steps to reduce pollution in the area. TITLE VII--PROMOTION OF GREEN SPACE SEC. 701. DEVELOPMENT OF PARKS OR RECREATIONAL AREAS. Within 1 year after the Secretary's biennial health assessment is released, the Secretary of the Interior shall establish a grant program to make available to local public or nonprofit private entities within EHIAs awards for the development of parks and recreational spaces, and provide guidance for promoting environmentally sound use of the land. TITLE VIII--FUNDING SEC. 801. FUNDING. There are authorized to be appropriated to carry out this Act such sums as may be necessary.

TABLE OF CONTENTS: Title I: Identification of Environmental High Impact Areas Title II: Enforcement Initiatives Title III: Community Participation Title IV: Identification and Prevention of Health Impacts Title V: Health Remedies Title VI: Pollution Reduction Title VII: Promotion of Green Space Title VIII: Funding Environmental Justice Act of 1999 - Title I: Identification of Environmental High Impact Areas - Requires the Administrator of the Environmental Protection Agency to publish a list of 20 Environmental High Impact Areas (EHIAs) that are either counties or other geographic units in which high levels of chemicals are present and in which the population is exposed to such chemicals. Provides for revision and republication of such list at least every five years. Title II: Enforcement Initiatives - Directs the Administrator and the Assistant Secretary of the Occupational Safety and Health Administration to conduct compliance inspections or reviews of all toxic chemical facilities in EHIAs within one year after the publication of each EHIA list under title I. Title III: Community Participation - Requires the Administrator to make technical assistance grants for individuals in EHIAs for purposes of seeking guidance from experts to improve understanding of environmental and health concerns related to designation as an EHIA. Title IV: Identification and Prevention of Health Impacts - Directs the Secretary of Health and Human Services to issue for public comment a report identifying the methodology used and nature and extent of acute and chronic impacts on human health in EHIAs as compared to non-EHIAs. (Sec. 402) Provides for a moratorium on the siting or permitting of any new toxic chemical facility in an EHIA shown to emit toxic chemicals in quantities causing significant adverse health impacts if the report finds significant adverse impacts of environmental pollution on human health in EHIAs. Permits such siting or permitting during a moratorium period only if the Secretary and Administrator agree that: (1) there will be no significant adverse health impacts; (2) the facility owner or operator demonstrates that the facility has a plan to maintain a comprehensive pollution prevention program; and (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. Title V: Health Remedies - Requires the Secretary to establish a grant program to make available to public and nonprofit private entities awards for providing community-wide medical screening and diagnostic services for environmentally related illnesses in EHIAs shown to have adverse health outcomes related to environmental exposures. Title VI: Pollution Reduction - Directs the Administrator, in EHIAs where the Secretary has determined that adverse health outcomes are related to environmental exposures, to take efforts immediately to reduce pollution. Requires the Administrator to make available pollution reduction and prevention grants to States with EHIAs for developing pollution reduction strategies. Authorizes the Administrator to take regulatory steps to reduce pollution if significant steps have not been made to reduce pollution and risk to human health in such areas. Title VII: Promotion of Green Space - Directs the Secretary of the Interior to establish a grant program to make available to local public or nonprofit private entities within EHIAs awards for the development of parks and recreational spaces and to provide guidance for promoting environmentally sound use of land. Title VIII: Funding - Authorizes appropriations.

[ 2, 0, 45311, 1659, 1783, 9, 6193, 111, 46233, 5, 19552, 9, 5, 6982, 1309, 4237, 36, 717, 725, 2889, 43, 7, 35, 36, 134, 43, 146, 577, 7, 400, 285, 50, 6651, 940, 8866, 4188, 13, 1437, 50136, 1437, 1437, 1437, 2537, 3039, 6631, ...

SECTION 1. FINDINGS. The Congress finds the following: (1) As a Member of Congress from the Tenth Congressional District of Texas, as Majority Leader of the U.S. Senate, Vice- President and President of the United States, Lyndon Baines Johnson's accomplishments in the fields of civil rights, education, and economic opportunity rank among the greatest achievements of the past half century. (2) As President, Lyndon Johnson proposed, championed, led to passage, and signed into law on August 6, 1965, the Voting Rights Act of 1965, which swept away barriers impeding millions of Americans from meaningful participation in American political life. (3) On July 30, 1965, President Johnson signed into law the Social Security Amendments Act of 1965, popularly known as Medicare, which has transformed the delivery of health care in the United States and which, along with Social Security, reduced the rate of poverty among the elderly from 28.5 percent in 1966 to 9.1 percent in 2012. (4) On July 2, 1964, President Johnson secured passage and signed into law the most sweeping civil rights legislation since Reconstruction, the Civil Rights Act of 1964, which prohibits discrimination in employment, education, and public accommodations based on race, color, religion, or national origin. (5) On November 8, 1965, President Johnson signed into law the Higher Education Act, which provided need-based financial aid to students in the form of scholarships, work-study grants, and loans, and thus made higher education more accessible to populations of persons who were previously unable to attend college because of economic circumstances. (6) On October 3, 1965, President Johnson signed into law the Immigration and Naturalization Act of 1965, which transformed the Nation's immigration system by abolishing the racially based quota system that had defined American immigration policy for four decades and replaced it with a policy whose central purpose was family reunification, with a preference for immigrants with specific skill sets. (7) According to Robert A. Caro, the preeminent biographer of Lyndon Baines Johnson, with the single exception of Lincoln, President Johnson was the greatest champion of the poor and underprivileged in the history of the Republic and was the President ``who wrote mercy and justice into the statute books by which America was governed''. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous award, on behalf of Congress, of a gold medal of appropriate design to Lyndon Baines Johnson in recognition of his contributions to the Nation, including passage of the landmark Voting Rights Act of 1965, the Social Security Amendments Act (Medicare) of 1965, the Civil Rights Act of 1964, the Higher Education Act of 1965, and the Immigration and Naturalization Act of 1965. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Lyndon Baines Johnson Library and Museum.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Lyndon Baines Johnson Library and Museum, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of the Congress that the Lyndon Baines Johnson Library and Museum should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with Lyndon Baines Johnson. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

This bill directs the Speaker of the House and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Lyndon Baines Johnson in recognition of his contributions to the nation, including passage of the Voting Rights Act of 1965, the Social Security Amendments Act (Medicare) of 1965, the Civil Rights Act of 1964, the Higher Education Act of 1965, and the Immigration and Naturalization Act of 1965. Requires such medal to be given to the Lyndon Baines Johnson Library and Museum following its award, where it will be available for display and research.

[ 2, 0, 6517, 36070, 19758, 293, 1436, 5672, 8, 4355, 4, 36, 134, 43, 20, 270, 18, 10893, 17823, 9, 4213, 405, 4, 36, 176, 43, 20, 1148, 5684, 5, 511, 35, 36, 246, 43, 270, 1436, 18, 15052, 11, 5, 5447, 9, 2366, 659, 6, 1437, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Security and Iran Sanctions Enforcement Act''. SEC. 2. RESTRICTION ON PARTICIPATION IN OFFSHORE OIL AND GAS LEASING. (a) Certification Requirement.--The Secretary of the Interior shall-- (1) include in each lease issued after the date of enactment of this Act that authorizes drilling for oil and gas on the Outer Continental Shelf a provision that requires that-- (A) the person that is the lessee to certify annually to the Secretary that the person does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note); and (B) authorizes the Secretary to cancel the lease if the person fails to make such a certification or makes such a certification that is false; and (2) upon determination by the Secretary, in consultation with the Secretary of State and the Secretary of the Treasury, that the person has failed to make a certification required under such provision or made such a certification that is false, shall cancel the lease. (b) Disclosure Requirement.--The Secretary of the Interior shall-- (1) include in each lease issued after the date of enactment of this Act that authorizes drilling for oil and gas on the Outer Continental Shelf a provision that-- (A) requires the person that is the lessee to disclose to the Secretary any participation by the person in any energy-related joint venture, investment, or partnership located outside Iran that involves-- (i) any person whose property and interests in property are blocked pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transacting with persons who commit, threaten to commit, or support terrorism); (ii) any person whose property and interests in property are blocked pursuant to Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking of property of weapons of mass destruction proliferators and their supporters); or (iii) any entity listed on appendix A to part 560 of title 31, Code of Federal Regulations (relating to the Iranian Transactions Regulations); and (B) authorizes the Secretary to cancel the lease if the person fails to make such a disclosure or makes such a disclosure that is false; and (2) upon determination by the Secretary, in consultation with the Secretary of State and the Secretary of the Treasury, that the person has failed to make a disclosure required under such provision or made such a disclosure that is false, shall cancel the lease. (c) Waiver.-- (1) In general.--The Secretary of the Interior may waive the requirement of subsection (a) or (b) (or both) on a case- by-case basis if the Secretary determines and certifies in writing to the appropriate congressional committees that it is in the national interest of the United States to do so. (2) Reporting requirement.--Not later than 120 days after the date of the enactment of this Act and semi-annually thereafter, the Secretary of the Interior shall submit to the appropriate congressional committees a report on waivers granted under paragraph (1). (d) Reporting Requirement.--The Secretary of the Interior shall promptly report to the appropriate congressional committees any cancellation of a lease under this section, including an explanation of the reasons for the cancellation. (e) Definitions.--In this section-- (1) the term ``appropriate congressional committees'' means-- (A) the Committee on Natural Resources and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Energy and Natural Resources and the Committee on Foreign Relations of the Senate; and (2) the term ``person'' has the meaning given such term in section 14(14) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note). SEC. 3. SUNSET. This Act shall terminate 30 days after the date on which the President certifies to Congress that the Government of Iran-- (1) has permanently ceased-- (A) providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; and (B) the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and missiles; and (2) poses no significant threat to United States national security, interests, or allies.

Gulf Security and Iran Sanctions Enforcement Act - Requires the Secretary of the Interior to include in each lease issued after enactment of this Act that authorizes oil and gas drilling on the Outer Continental Shelf a provision that requires: (1) the lessee to certify annually to the Secretary that it does not engage in any activity for which sanctions may be imposed under the Iran Sanctions Act of 1996; and (2) the Secretary to cancel the lease if the lessee fails to make such a certification or makes a false one. Requires such a lease also to require the lessee to disclose to the Secretary any participation in any energy-related joint venture, investment, or partnership located outside Iran that involves: (1) any person whose property and property interests are blocked pursuant to Executive Orders 13224 (for transacting business with persons who commit, threaten to commit, or support terrorism) or 13382 (because they are weapons of mass destruction proliferators or their supporters); or (2) any entity on a specified list relating to Iranian Transactions Regulations. Requires cancellation of any lease whose lessee has failed to make such a disclosure or makes a false disclosure. Allows a national interest waiver of these requirements.

[ 2, 0, 534, 19509, 2010, 8, 1603, 764, 16849, 1437, 46303, 30529, 16040, 46637, 1783, 111, 46233, 5, 1863, 9, 5, 8867, 7, 35, 36, 134, 43, 680, 11, 349, 7792, 1167, 71, 5, 1248, 9, 5, 39553, 9, 42, 1783, 10, 12930, 1552, 30, 5,...

SECTION 1. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS. (a) Requirement of Benchmarking and Disclosure for Leasing Buildings Without Energy Star Labels.--Section 435(b)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is amended-- (1) by striking ``paragraph (2)'' and inserting ``paragraph (1)''; and (2) by striking ``signing the contract,'' and all that follows through the period at the end and inserting the following: ``signing the contract, the following requirements are met: ``(A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems. ``(B)(i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces-- ``(I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and ``(II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. ``(ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph.''. (b) Study.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary of Energy, in collaboration with the Administrator of the Environmental Protection Agency, shall complete a study-- (A) on the impact of-- (i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers-- (i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with-- (I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions studios; (v) implementation practices, including disclosure methods and phase-in of compliance; (vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber attacks; and (vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings. (2) Submission to congress.--At the conclusion of the study, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the results of the study. (c) Creation and Maintenance of Database.-- (1) In general.--Not later than 18 months after the date of enactment of this Act and following opportunity for public notice and comment, the Secretary of Energy, in coordination with other relevant agencies, shall maintain, and if necessary create, a database for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including-- (A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure; (B) information on buildings that have disclosed energy ratings and certifications; and (C) energy-related information on buildings provided voluntarily by the owners of the buildings, only in an anonymous form unless the owner provides otherwise. (2) Complementary programs.--The database maintained pursuant to paragraph (1) shall complement and not duplicate the functions of the Environmental Protection Agency's Energy Star Portfolio Manager tool. (d) Input From Stakeholders.--The Secretary of Energy shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section. (e) Report.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the progress made in complying with this section.

This bill amends the Energy Independence and Security Act of 2007 to require a federal agency leasing space in a building without an Energy Star label to include in its lease provisions requirements that the space's energy efficiency be measured against a nationally-recognized benchmark. The agency must also meet certain energy consumption disclosure requirements. The Department of Energy (DOE) must study and report on: (1) the impact of state and local performance benchmarking and disclosure policies for commercial and multifamily buildings; (2) the impact of programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; and (3) the best practice policy approaches studied in those impact analyses that have resulted in the greatest improvements in building energy efficiency. DOE must maintain a database for storing and making available public energy-related information on commercial and multifamily buildings.

[ 2, 0, 49134, 5, 1863, 9, 2169, 7, 3014, 6, 8, 114, 2139, 6, 1045, 6, 10, 8503, 13, 5, 3508, 9, 25228, 8, 442, 1437, 36440, 43401, 1007, 12, 3368, 335, 15, 1861, 8, 26323, 32455, 3413, 6, 217, 35, 36, 134, 43, 414, 1286, 223,...

SECTION 1. SHORT TITLE. This Act may be cited as the ``DMZ War Veterans Recognition Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) the Korean War, which began in 1950 and ended when the Korean War Armistice was signed in 1953, is commonly known as the ``Forgotten War''; (2) a later war in Korea, known only to some veterans and their families as the ``Unknown War'' or the ``DMZ War'', occurred long after the Korean War Armistice was signed in 1953; (3) according to military documents, the leadership of North Korea issued a declaration of war against the United States in a speech in 1966, which read that ``U.S. imperialists should be dealt blows and their forces dispersed to the maximum in Asia. . . .''; (4) the 124th Special Forces unit of North Korea-- (A) was trained-- (i) to destroy the camps and civilians of the United States; (ii) to disrupt travel and communication between the Armed Forces; and (iii) to sabotage and assassinate the government officials of South Korea and the United States; and (B) repeatedly confronted the soldiers of the United States and the Republic of Korea when crossing through the Demilitarized Zone; (5) since the Armistice was signed, over 40,000 Armistice violations have occurred, many of which involved troops of the United States who were stationed in and around Korea; (6) some of those violations, like the capture of the USS Pueblo, caught the attention of the media, although most have not; (7) since the end of the Korean War, many soldiers of the United States have died or been wounded in Korea as a result of hostile fire; (8) some veterans of the Republic of Korea suffer from exposure to Agent Orange, which was used during a period that began in 1968 and ended in 1969 in and around the DMZ; (9) because the hazardous properties of Agent Orange last for at least 100 years, soldiers of the United States who later served in the Demilitarized Zone had been exposed to the chemical long after the Armed Forces stopped using it; (10) the military personnel of the United States who served in the Korean War during the period that began in 1966 and ended in 1969 received the Armed Forces Expeditionary Medal; and (11) a few of the soldiers who fought and died in the Korean War have been-- (A) nominated posthumously for the Congressional Medal of Honor; and (B) awarded-- (i) the Silver Star or Bronze Star for valor in combat; and (ii) the Purple Heart for being wounded in combat. SEC. 3. DEFINITIONS. (a) Plaque.--The term ``plaque'' means the plaque directed to be placed at the Korean War Veterans Memorial in Washington, D.C. under section 4(a). (b) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 4. PLACEMENT OF COMMEMORATIVE PLAQUE. Not later than November 11, 2009, the Secretary shall place on or near the grounds of the Korean War Veterans Memorial in Washington, D.C., a plaque to commemorate the sacrifices of those who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea, that contains the following inscription (in which the bracketed space shall include the date on which the plaque is placed): ``Dedicated to the soldiers of the United States and the Republic of Korea who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea. The efforts of those soldiers have enabled the Republic of Korea to develop into a successful and modern country. Since 1953, the Armed Forces of the United States experienced more than 40,000 `Armistice violation incidents.' Those incidents have caused the deaths of over 100 soldiers of the Armed Forces of the United States and the wounding of hundreds more from hostile fire in the Korean Peninsula and its surrounding waters. Unknown to most citizens, the soldiers of the United States and the Republic of Korea fought and won the `DMZ War' between November 1966 and December 1969. That war caused the majority of the Armistice casualties. We remember the service, sacrifice, and valor of all of those soldiers on this 40th anniversary of the start of the DMZ War. Their fellow soldiers and their families will never forget them. Let this Plaque aid their countries to remember them as well. Placed this day, [__________].''.

DMZ War Veterans Recognition Act of 2006 - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to place on or near the grounds of the Korean War Veterans Memorial in Washington, D.C., a plaque to commemorate the sacrifices of those who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea.

[ 2, 0, 25652, 1301, 1771, 8815, 23288, 7469, 1783, 9, 1437, 36440, 45627, 32701, 111, 1437, 1437, 1437, 152, 1783, 189, 28, 4418, 25, 5, 45518, 25652, 1301, 8815, 23288, 8237, 1783, 9, 111, 1437, 36440, 43401, 32701, 41667, 36, 134, 43...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeless Children's Immunization Assistance Act''. SEC. 2. EMERGENCY SHELTER GRANTS PROGRAM. (a) Definition.--Section 411 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11371) is amended by adding at the end the following new paragraph: ``(11) The term `child immunization' means immunization of children who have not attained the age of 6 years, in accordance with recommendations issued by the Surgeon General of the Public Health Service.''. (b) Eligible Activities.--Section 414(a) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11374(a)) is amended by adding at the end the following new paragraph: ``(5) The provision of services relating to child immunization, as follows: ``(A) Providing transportation for children occupying facilities assisted under this subtitle to locations where child immunization is available. ``(B) Providing information and counseling to families occupying such facilities regarding the benefits and availability of child immunization. ``(C) Providing child immunization for children occupying such facilities at the facility (subject to the limitations under paragraph (2)) or coordinating and arranging for child immunization at the facility. Any assistance used for the purposes under this paragraph shall be considered to have been used for activities under paragraph (2) for purposes of the limitation under paragraph (2)(B).''. (c) Requirements To Assist in Obtaining Child Immunizations.-- Section 415 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11375) is amended-- (1) in subsection (c)(3)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) in the case of children who have not attained the age of 6 years and occupy a facility assisted under this subtitle, immunizations (to the extent that such children have not been immunized in accordance with recommendations issued by the Surgeon General of the Public Health Service); and''; and (2) by adding at the end the following new subsection: ``(f) Determination of Immunization Record of Children Occupying Facilities.--For any child who has not attained the age of 6 and is occupying a facility assisted under this subtitle, not later than 60 days after such initial occupancy the recipient of such assistance shall-- ``(1) make reasonable efforts to obtain from the family of such child or the appropriate State or local health agency information sufficient to determine whether the child has been immunized in accordance with recommendations issued by the Surgeon General of the Public Health Service; and ``(2) for any child that has not been so immunized or for which insufficient information is available to determine whether the child has been so immunized, provide the family of the child with information regarding the benefits and availability of child immunization.''. SEC. 3. TRANSITIONAL HOUSING UNDER SUPPORTIVE HOUSING PROGRAM. (a) Definition.--Section 422 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11382) is amended-- (1) by redesignating paragraphs (2) through (14) as paragraphs (3) through (15), respectively; and (2) by inserting after paragraph (1) the following new paragraph: ``(2) The term `child immunization' means immunization of children who have not attained the age of 6 years, in accordance with recommendations issued by the Surgeon General of the Public Health Service.''. (b) Requirement To Assist in Obtaining Child Immunizations.-- Section 425 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11385) is amended-- (1) by striking subsection (b) and inserting the following new subsection: ``(b) Requirements.-- ``(1) In general.--Supportive services provided in connection with a project shall address the special needs of individuals (such as homeless persons with disabilities and homeless families with children) intended to be served by a project. ``(2) Determination of immunization record of children occupying transitional housing.--For any child who has not attained the age of 6 and is occupying a project that is transitional housing, not later than 60 days after such initial occupancy the recipient of such assistance shall-- ``(A) make reasonable efforts to obtain from the family of such child or the appropriate State or local health agency information sufficient to determine whether the child has been immunized in accordance with recommendations issued by the Surgeon General of the Public Health Service; and ``(B) for any child that has not been so immunized or for which insufficient information is available to determine whether the child has been so immunized, provide the family of the child with information regarding the benefits and availability of child immunization.''. (c) Eligible Services.--Section 425(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11385(c)) is amended by striking ``and (G)'' and inserting the following: ``(G) providing (i) transportation for children occupying projects that are supportive housing to locations where child immunization is available, (ii) information and counseling to families occupying such projects regarding the benefits and availability of child immunization, and (iii) child immunization for children occupying such projects at the project or coordinating and arranging for the provision of such services at the project, and (H)''. (d) Required Agreements.--Section 426(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11386(c)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: ``(7) in the case of any project that is supportive housing, to assist children who have not attained the age of 6 years and occupy the project to obtain immunizations (to the extent that such children have not been immunized in accordance with recommendations issued by the Surgeon General of the Public Health Service); and''.

Homeless Children's Immunization Assistance Act - Amends the Stewart B. McKinney Homeless Assistance Act to require operators of specified emergency shelters and transitional housing to determine the immunization status of children under the age of six years old occupying such housing.

[ 2, 0, 37778, 13802, 4278, 18, 29054, 1938, 1437, 50136, 26039, 32556, 1783, 111, 1918, 8845, 5, 6192, 163, 4, 15606, 2596, 25900, 19418, 1783, 7, 694, 13, 35, 36, 134, 43, 3485, 11, 5, 403, 9, 143, 920, 54, 34, 45, 32069, 5, 104...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cures Can Be Found Act of 2005''. SEC. 2. QUALIFIED STEM CELL CREDITS. (a) Personal Credit for Qualified Stem Cell Research, Storage, and Donation.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. QUALIFIED STEM CELL RESEARCH, STORAGE, AND DONATION CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter-- ``(1) an amount equal to the qualified stem cell research and storage contribution paid by the taxpayer during a taxable year, and ``(2) $2,000 for each qualified umbilical cord blood donation made by the taxpayer during a taxable year. ``(b) Qualified Stem Cell Research and Storage Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified stem cell research and storage contribution' means the amounts donated by the taxpayer to an eligible facility for the purpose of promoting qualified stem cell research or the storage of qualified stem cells. ``(2) Qualified stem cell.--For purposes of this section, the term `qualified stem cell' means a human stem cell obtained from a human placenta, umbilical cord blood, an organ or tissue of a living or deceased human being who has been born, or an organ or tissue of unborn human offspring who died of natural causes (such as spontaneous abortion). ``(3) Eligible facility.--The term `eligible facility' means a research institution or storage facility that does not engage in research relating to stem cells derived from human embryos and does not store stem cells derived from human embryos. ``(c) Qualified Umbilical Cord Blood Donation.--For purposes of this section, the term `qualified umbilical cord blood donation' means the donation by the taxpayer, on the occasion of the birth of a child of the taxpayer, of-- ``(1) the neonatal blood remaining in the placenta and umbilical cord after separation of the mother from the newborn baby, or ``(2) any other part of the umbilical cord. ``(d) Filing Requirements.-- ``(1) Married individuals.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a)(2) only if-- ``(A) the taxpayer and his spouse file a joint return for the taxable year, or ``(B) the taxpayer is the mother of the child referred to in subsection (c). ``(2) Individuals who are not married.--If the taxpayer is not married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer is the mother of the child referred to in subsection (c). ``(3) Marital status.--An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married.''. (b) Business Related Credit for Qualified Research and Storage.-- Subpart D of part IV of subchapter 1 of such Code is amended by inserting after section 45I the following new section: ``SEC. 45J. QUALIFIED STEM CELL RESEARCH AND STORAGE CREDITS. ``(a) General Rule.--For purposes of section 38-- ``(1) Qualified stem cell research credit.--The qualified stem cell research credit determined under this paragraph for any taxable year is equal to 100 percent of the expenses paid or incurred by the taxpayer during the taxable year that are directly related to qualified stem cell research. ``(2) Qualified stem cell storage credit.--The qualified stem cell storage credit determined under this paragraph for any taxable year is equal to-- ``(A) 50 percent of the expenses paid or incurred by the taxpayer during the taxable year to establish a storage facility for qualified stem cells, and ``(B) 20 percent of the expenses paid or incurred by the taxpayer during the taxable year to maintain the storage facility described in subparagraph (A). ``(b) Limitation.--With respect to a qualified stem cell storage facility for which an amount determined under subparagraph (A) of subsection (a)(2) has been allowed as a credit in a taxable year, the amount determined under such subparagraph with respect to such storage facility in a subsequent taxable year shall be zero. ``(c) Qualified Stem Cell.--For purposes of this section, the term `qualified stem cell' means a human stem cell obtained from a human placenta, umbilical cord blood, an organ or tissue of a living or deceased human being who has been born, or an organ or tissue of unborn human offspring who died of natural causes (such as spontaneous abortion).''. (c) Conforming Amendments.-- (1) Section 38(b) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following: ``(20) the qualified stem cell research and storage credits determined under section 45J(a).''. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Qualified stem cell research, storage, and donation credit.''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 45J. Qualified stem cell research and storage credits.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005.

Cures Can Be Found Act of 2005 - Amends the Internal Revenue Code to allow tax credits for donations: (1) to stem cell research or storage facilities; (2) of umbilical cord blood. Allows credits only for donations to facilities that do not engage in research on stem cells derived from human embryos. Allows a business tax credit for stem cell research and storage expenses.

[ 2, 0, 347, 4123, 2615, 1456, 11911, 1783, 9, 4013, 111, 1918, 8845, 5, 18387, 5833, 8302, 7, 1157, 10, 629, 1361, 13, 6048, 10114, 3551, 557, 8, 3521, 7, 28, 3112, 7, 26475, 107, 1786, 71, 719, 1105, 6, 4013, 4, 46233, 5, 11827,...

SECTION 1. FINDINGS. Congress finds that the conveyance of the Properties described in section 4(b) to the Lessees of those Properties for fair market value would have the beneficial results of-- (1) reducing Pick-Sloan project debt for the Canyon Ferry Unit; (2) providing a permanent source of funding for projects that develop and maintain public recreation, and that conserve and enhance fish and wildlife opportunities in the State of Montana; (3) eliminating Federal payments in lieu of taxes and associated management expenditures in connection with the Government's ownership of the Properties while increasing local tax revenues from the new owners; and (4) eliminating expensive and contentious disputes between the Secretary and leaseholders while ensuring that the Federal Government receives full and fair value for the acquisition of the Properties. SEC. 2. PURPOSE. The purpose of this Act is to establish terms and conditions under which the Secretary of the Interior shall, for fair market value, convey certain Properties around Canyon Ferry Reservoir, Montana, to the Lessees of those Properties. SEC. 3. DEFINITIONS. In this Act: (1) CFRA.--The term ``CFRA'' means the Canyon Ferry Recreation Association, Incorporated, a Montana corporation. (2) Lessee.--The term ``Lessee'' means the leaseholder of 1 of the Properties described in section 4(b) on the date of enactment of this Act and the leaseholder's heirs, executors, and assigns of their leasehold interest. (3) Property.--The term ``Property'' means any 1 of the cabin sites described in section 4(b). (4) Properties.--The term ``Properties'' means all 265 of the cabin sites (and related parcels) described in section 4(b). (5) Purchaser.--The term ``Purchaser'' means a person or entity, excluding CFRA, that purchases the 265 Properties under section 4. (6) Reservoir.--The term ``Reservoir'' means the Canyon Ferry Reservoir in the State of Montana. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Trust.--The term ``Trust'' means the Canyon Ferry Lake Trust described in section 6. SEC. 4. SALE OF PROPERTIES. (a) In General.--Subject to subsection (c) and notwithstanding any other provision of law, the Secretary shall sell at fair market value-- (1) all right, title, and interest of the United States in and to all (but not fewer than all) of the Properties described in subsection (b), subject to valid existing rights; and (2) easements for-- (A) vehicular access to each Property; (B) access to and the use of 1 dock per Property; and (C) access to and the use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the leases as of the date of this Act. (b) Description of Properties.-- (1) In general.--The Properties to be conveyed are-- (A) the 265 cabin sites of the Bureau of Reclamation located along the northern portion of the Reservoir in portions of sections 2, 11, 12, 13, 15, 22, 23, and 26, Township 10 North, Range 1 West; plus (B) any small parcels contiguous to the Properties (not including shoreline land needed to provide public access to the shoreline of the Reservoir) that the Secretary determines should be conveyed in order to eliminate inholdings and facilitate administration of surrounding land remaining in Federal ownership. (2) Acreage; legal description.--The acreage and legal description, including any related parcels determined by the Secretary under (b)(1)(B) of this section, of each Property shall be agreed on by the Secretary and CFRA. (c) Purchase Process.-- (1) In general.--The Secretary shall-- (A) solicit sealed bids for the Properties; (B) subject to paragraph (2), sell the Properties to the bidder that submits the highest bid above the minimum bid determined under paragraph (2); and (C) no bid shall be accepted for less than all of the Properties in one bundle. (2) Minimum bid.--Before accepting bids, the Secretary, in consultation with CFRA, shall establish a minimum bid based on an appraisal of the fair market value of the Properties, exclusive of the value of private improvements made by the leaseholders before the date of the conveyance by means of an appraisal conducted in conformance with the Uniform Standards of Professional Appraisal Practice. (3) Right of first refusal.--If the highest bidder is other than CFRA, CFRA shall have the right to match the highest bid and purchase the Properties at a price equal to the amount of that bid. (d) Terms of Conveyance.-- (1) Purchaser to extend option to purchase or to continue leasing. (A) In general.--The Purchaser shall give each leaseholder of record of a Property conveyed under this section an option to purchase the Property at fair market value as determined in subsection (c)(2). (B) Nonpurchasing lessees.-- (i) Right to continue lease.--A Lessee that is unable or unwilling to purchase a Property shall be permitted to continue to lease the Property for fair market value rent under the same terms and conditions as the existing leases, including the right to renew the term of the existing lease for 2 consecutive 5-year terms. (ii) Compensation for improvements.--If a Lessee declines to purchase a Property, the Purchaser shall compensate the Lessee for the fair market value, as determined pursuant to customary appraisal procedures, of all improvements made to the Property. The Lessee may sell the improvements to Purchaser at any time, but the sale shall be completed by the final termination of the lease, after all renewals as provided in clause (i). (2) Historical use.--The Purchaser shall honor the existing Property descriptions and historical use restrictions for the leaseholds. (3) CFRA purchases.--If CFRA should be the highest bidder, or match the highest bid, it may convey to the Trust in lieu of money, the title to any Property where the Lessee is unable or unwilling to purchase their Property. (A) Continuation of leases.-- (i) In general.--A Lessee that is unable or unwilling to purchase a leasehold shall be permitted to continue to lease the Property pursuant to the terms and conditions of the lease, existing on the date of enactment of this Act, from the Trust. (ii) Rental payments.--All rents received during the continuation of a lease under clause (i) shall be paid to the Trust. (iii) Limitation on right to transfer lease.--Subject to valid existing rights, a Lessee may not sell or otherwise assign or transfer the leasehold without purchasing the Property from the Trust and conveying the fee interest in the Property. (B) Conveyances by trust.--All conveyances by the Trust shall be a fair market value as determined by a new appraisal, but in no event may the Trust convey any Property to Lessee for an amount less than the value established for the leasehold by the appraisal conducted pursuant to subparagraph (c)(2). (e) Administrative Costs.--Any reasonable administrative cost incurred by the Secretary incident to the conveyance under subsection (a) shall be reimbursed by the Purchaser or CFRA. (f) Timing.--The Secretary shall make every effort to complete the conveyance under subsection (a) not later than 1 year after the date of enactment of this Act. (g) Closing.--Real estate closings to complete the conveyance under subsection (a) may be staggered to facilitate the conveyance as agreed to by the Secretary and the Purchaser or CFRA. (h) Conveyance to Lessee.--Where the Lessee will purchase the Property from the Purchaser or CFRA, the Lessee may request the Secretary to have the conveyance documents prepared in the Lessee's name or names in order to minimize the time and documents required to complete the closing for each Property. (i) Costs.--The Lessee shall reimburse CFRA for a proportionate share of the costs to CFRA in completing the transactions contemplated by this Act, including any interest charges. (j) Costs.--The Lessee shall reimburse the Trust for a proportionate share of the costs to the Trust in completing the transactions contemplated by this Act, including any interest charges. In addition, the lessee shall reimburse the Trust for all costs, including the new appraisal, associated with conveying the Property from the Trust to the Lessee. SEC. 5. AGREEMENT. (a) Requirement To Negotiate.--The Secretary, acting through the Bureau of Reclamation, shall negotiate an agreement with the Broadwater County, Montana, Board of Commissioners to transfer management of the Silo's and White Earth recreation areas. The Secretary shall grant an easement for an access road to these recreation areas. (b) Assessment of Need for Harbor.--Not later than 6 months after the date of the enactment of this Act, the Secretary, acting through the Bureau of Reclamation, shall assess the need for creating a harbor adjacent to the eastern shore of the south half of the Reservoir. SEC. 6. USE OF PROCEEDS. (a) In General.--Proceeds of conveyances under this Act shall be available as follows: (1) 10 percent of the proceeds shall be applied by the Secretary of the Treasury to reduce the outstanding debt for the Pick-Sloan project at Canyon Ferry Reservoir. (2) 45 percent of the proceeds shall be deposited into a separate account in the Treasury and shall be available to the Secretary, subject to appropriations, for purchasing land or conservation easements in the State of Montana. (3) 45 percent of the proceeds shall be available without further appropriation to the Canyon Ferry Lake Trust established under subsection (b) for the purposes of enhancing recreation, fisheries, and conservation in and around the Reservoir. (b) In lieu of a cash contribution to the Trust under section 6(a)(3), CFRA may convey to the Trust the fee title for any Property not purchased by the Lessee. The value of each Property contribution under this paragraph shall be the fair market value of the Property under section 4 of this Act. (c) Canyon Ferry Lake Trust.--(1) There shall be established an entity to be known as the Canyon Ferry Lake Trust, the corpus of which shall initially include, at a minimum, the following funds: (A) One-third of amounts received by the Trust under (6)(a)(3) shall be made available by the Trust to Broadwater County, Montana, to improve access in the Broadwater County portion of the Reservoir. (B) Two-thirds of amounts received by the Trust under (6)(a)(3) shall be deposited into a permanent endowment that may be used in the following manner: (i) Fisheries improvement. (ii) Improvement of campgrounds. (iii) Lakeshore conservation, conservation easements, and public access to Canyon Ferry Reservoir and the watershed of the Missouri River from Canyon Ferry Dam to the confluence of the Madison, Jefferson, and Gallatin Rivers. (2) The Canyon Ferry Lake Trust shall be advised by a board composed of representatives from the following: (A) One appointee for the County Commission of Broadwater County, Montana. (B) One appointee for the County Commission of Lewis and Clark County, Montana. (C) One local agricultural landowner, as agreed to by Lewis and Clark and Broadwater County Commissions, Montana. (D) One representative of a local hunting organization, as agreed to by the Lewis and Clark and Broadwater County Commissions, Montana. (E) One representative of a fisheries conservation organization, as agreed to by Lewis and Clark and Broadwater Counties, Montana. (F) One representative appointed by the Commissioner of the Bureau of Reclamation or his or her designee. (G) One representative appointed by The Director of the Montana Fish, Wildlife and Parks Department or his designee.

Directs the Secretary of the Interior to sell at fair market value 265 cabin sites and related appurtenances around the Canyon Ferry Reservoir, Montana. Requires: (1) a sealed bidding process for such sale; (2) a required minimum bid to be met; and (3) the Canyon Ferry Recreation Association to have the right to match the highest bid offered for such properties. Outlines other conveyance terms, including: (1) allowing individual cabin leaseholders who cannot purchase their site to continue to lease such site for two consecutive five-year periods; and (2) directing the Secretary to complete the conveyance within one year after enactment of this Act. Directs the Secretary to: (1) negotiate an agreement with the Broadwater County, Montana, Board of Supervisors to transfer management of the Silo's and White Earth recreation areas; and (2) assess the need for creating a harbor adjacent to the eastern shore of the south half of the Reservoir. Establishes the Canyon Ferry Lake Trust for the deposit and use of funds for various improvements to the Reservoir and Canyon Ferry area.

[ 2, 0, 49134, 5, 226, 39941, 7, 35, 36, 134, 43, 3264, 5, 1609, 2311, 13, 5, 13094, 1602, 11, 42, 1783, 4, 178, 36, 176, 43, 3264, 10, 3527, 2311, 9, 68, 134, 6, 151, 13, 349, 10491, 25649, 223, 42, 1783, 6, 217, 143, 773, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Incentives to Educate American Children (I Teach) Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) An estimated 2,000,000 new teachers will be needed over the next decade. (2) Under the No Child Left Behind Act of 2001, States must recruit qualified teachers by 2006, yet schools in rural areas and public schools with high poverty have trouble attracting and retaining teachers. (3) Fourteen percent of America's school children attend rural schools, and according to the Rural School and Community Trust 2000 report, ``Why Rural Matters'', rural education is crucial or very important to overall education performance in 25 States, so recruitment and retention of teachers is essential. (4) A 2000 study by the Education Trust reports that high poverty schools are twice as likely not to have teachers certified in their fields than other schools, which highlights that high poverty schools will need special help to meet the goals of No Child Left Behind Act of 2001. (5) The National Board for Professional Teaching Standards was founded in 1987, as a follow up to the landmark 1983 report, ``A Nation at Risk'', by the Carnegie Task Force on Teaching. The National Board for Professional Teaching Standards is an independent, nonprofit, and nonpartisan organization the mission of which is to establish high and rigorous standards for what accomplished teachers should know and be able to do. (6) Over 16,000 teachers from all 50 States and the District of Columbia have completed certification by the National Board for Professional Teaching Standards, which certification is a rigorous assessment process for teachers. (7) Recent data from the Accomplished Teaching Validation Study have demonstrated that teachers who are certified by the National Board for Professional Teaching Standards significantly outperform their peers who are not National Board certified on 11 of 13 key measures of teaching expertise. (8) Teacher salaries have remained stagnant over the past decade, according to a study by the National Education Association, and \2/3\ of the States do not meet the national average of $40,582 for teacher salaries. (b) Purposes.--The purposes of this Act are as follows: (1) To encourage teachers, through a refundable tax credit, to work in public elementary and secondary schools located in rural areas or schools with high poverty. (2) To provide an additional tax credit to teachers who achieve certification from the National Board for Professional Teaching Standards in order to recruit and retain highly qualified teachers in public elementary and secondary schools. SEC. 3. REFUNDABLE TAX CREDIT FOR INDIVIDUALS TEACHING IN ELEMENTARY AND SECONDARY SCHOOLS LOCATED IN HIGH POVERTY OR RURAL AREAS AND CERTIFIED TEACHERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. TAX CREDIT FOR INDIVIDUALS TEACHING IN ELEMENTARY AND SECONDARY SCHOOLS LOCATED IN HIGH POVERTY OR RURAL AREAS AND CERTIFIED TEACHERS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable amount for the eligible academic year ending during such taxable year. ``(b) Applicable Amount.--For purposes of this section-- ``(1) Teachers in schools in rural areas or schools with high poverty.-- ``(A) In general.--In the case of an eligible teacher who performs services in a public kindergarten or a public elementary or secondary school described in subparagraph (B) during the eligible academic year, the applicable amount is $1,000. ``(B) School described.--A public kindergarten or a public elementary or secondary school is described in this subparagraph if-- ``(i) at least 75 percent of the students attending such kindergarten or school receive free or reduced-cost lunches under the school lunch program established under the National School Lunch Act, or ``(ii) such kindergarten or school has a School Locale Code of 7 or 8, as determined by the Secretary of Education. ``(2) Certified teachers.--In the case of an eligible teacher who is certified by the National Board for Professional Teaching Standards for the eligible academic year, the applicable amount is $1,000. ``(3) Certified teachers in schools in rural areas or schools with high poverty.--In the case of an eligible teacher described in paragraphs (1) and (2), the applicable amount is $2,000. ``(c) Eligible Teacher.--For purposes of this section, the term `eligible teacher' means, for any eligible academic year, an individual who is a kindergarten through grade 12 classroom teacher or instructor in a public kindergarten or a public elementary or secondary school on a full-time basis for such eligible academic year. ``(d) Additional Definitions.--For purposes of this section-- ``(1) Elementary and secondary schools.--The terms `elementary school' and `secondary school' have the respective meanings given such terms by section 9101 of the Elementary and Secondary Education Act of 1965. ``(2) Eligible academic year.--The term `eligible academic year' means any academic year ending in a taxable year beginning after December 31, 2002.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 35 and inserting the following new items: ``Sec. 35. Tax credit for individuals teaching in elementary and secondary schools located in high poverty or rural areas and certified teachers. ``Sec. 36. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to academic years ending in taxable years beginning after December 31, 2002.

Incentives to Educate American Children (I Teach) Act of 2002 - Amends the Internal Revenue Code to permit a tax credit of $1,000 for: (1) teachers in public elementary or secondary schools or public kindergartens in rural areas or areas with high poverty; and (2) teachers certified by the National Board for Professional Teaching Standards. Grants a credit of $2,000 for a teacher meeting both criteria.

[ 2, 0, 1121, 6342, 3699, 7, 25823, 877, 470, 1437, 50136, 31008, 36, 100, 38214, 43, 1783, 9, 5241, 111, 1918, 8845, 5, 18387, 5833, 8302, 9, 11265, 7, 694, 13, 10, 629, 1361, 13, 2948, 54, 32, 9785, 30, 5, 496, 1785, 13, 12221, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Hardship Relief Act''. SEC. 2. HARDSHIP EXEMPTION TO EMPLOYER HEALTH INSURANCE MANDATE FOR SMALL BUSINESSES. (a) In General.--Section 4980H of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Hardship Exemption for Small Businesses.-- ``(1) In general.--Subsections (a) and (b) shall not apply to any small business for any month if such small business is experiencing a hardship with respect to the calendar year in which such month begins. ``(2) Hardship.--A small business shall be treated for purposes of this subsection as experiencing a hardship for any calendar year if such business demonstrates to the satisfaction of the Secretary that such business-- ``(A) missed two or more consecutive loan payments during such year, ``(B) is a debtor in a title 11 case (as defined in section 108(d)(2)) the pendency of which includes any portion of such year, ``(C) received a notice from a utility during such year that such utility is preparing to stop providing services to such business by reason of nonpayment of amounts owed for utility service, ``(D) received a notice of eviction of foreclosure during such year, ``(E) experienced a fire, flood, other natural or human-caused disaster that resulted in substantial damage to property of the business during such year, or ``(F) experiences such other hardship during such year as the Secretary may determine for purposes of this subsection. ``(3) Limitation to 5 years of exemptions.--Paragraph (1) shall not apply to any small business for any calendar year if such paragraph has applied to such small business for any 5 previous calendar years. ``(4) Small business.--For purposes of this subsection-- ``(A) In general.--The term `small business' means, with respect to any calendar year, an employer who employed an average of not more than 100 full-time employees on business days during the preceding calendar year. ``(B) Application of certain rules for determining employer size; treatment of full-time equivalents as full-time employees.--Rules similar to the rules of subparagraphs (C) and (E) of subsection (c)(2) shall apply for purposes of this subsection.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to months beginning after the date of the enactment of this Act. (c) Hardship Exemption Not To Be Used as Sole Criteria for Audit.-- Notwithstanding any other provision of law, whether the hardship exemption provided under section 4980H of the Internal Revenue Code of 1986 (as added by this section) applies with respect to a taxpayer shall not be taken into account by the Internal Revenue Service as the sole factor in determining whether to audit such taxpayer. (d) Treasury Study on Additional Indications of Business Hardship.-- (1) Study.--The Secretary of the Treasury shall conduct a study regarding the additional hardships which would be appropriate to add to the list of hardships in paragraph (2) of section 4980H(e) of the Internal Revenue Code of 1986 (as added by this section), consistent with the purposes of such section. (2) Determination of additional hardships.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall, with respect to any hardship which the Secretary determines should be added to such list of hardships, add such hardship to such list by making the determination described in subparagraph (F) of such section. (3) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall provide a written report to Congress with respect to the study conducted under paragraph (1). Such report shall include a description of each hardship considered for inclusion in such list of hardships, whether the Secretary made the determination to include such hardship in such list, and the reasons that such hardship was or was not so included, as the case may be. (4) References to secretary of the treasury.--Any reference in this subsection to the Secretary of the Treasury shall include a reference to any designee of such Secretary.

Small Business Hardship Relief Act - Amends the Internal Revenue Code to exempt from the employer mandate to provide minimum essential health care coverage for its employees a small business (i.e., an employer of not more than 100 full-time employees) experiencing a hardship. Defines "hardship" to include situations in which a small business has missed two or more consecutive loan payments, is a debtor in a Chapter 11 (reorganization) bankruptcy proceeding, has received a notice of termination of utility services or a notice of eviction, has experienced a fire, flood, or other disaster, or has experienced another hardships as determined by the Secretary of the Treasury. Directs the Secretary to conduct a study to identify additional hardships appropriate for granting an hardship exemption. Prohibits the Internal Revenue Service (IRS) from taking into account the applicability of a hardship exemption to a small business as the sole factor in determining whether to audit such business.

[ 2, 0, 34647, 2090, 289, 5954, 4128, 21164, 1783, 111, 1918, 8845, 5, 18387, 5833, 8302, 7, 35, 36, 134, 43, 1157, 10, 650, 265, 7, 28, 3032, 25, 10, 32901, 11, 10, 1270, 365, 403, 36, 281, 6533, 11, 5, 1270, 365, 43, 114, 215,...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bias Crimes Compensation Act of 1993''. SEC. 2. CIVIL RIGHTS. (a) Findings.--The Congress finds that-- (1) bias-motivated crimes of violence constitute crimes in violation of the victim's right to be free from discrimination on the basis of actual or perceived race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability; (2) State and Federal criminal laws do not adequately protect against the bias element of bias-motivated crimes of violence, which separates these crimes from acts of random violence, nor do those laws adequately provide victims of bias- motivated crimes of violence the opportunity to vindicate their interests; (3) existing bias and discrimination in the criminal justice system often deprive victims of bias-motivated crimes of violence of equal protection of the laws and the redress to which they are entitled; (4) bias-motivated crimes of violence have a substantial adverse effect on interstate commerce, by deterring potential victims from traveling interstate, from engaging in employment in interstate business, and from transacting with business, and in places involved, in interstate commerce; (5) bias-motivated crimes of violence have a substantial adverse effect on interstate commerce, by diminishing national productivity, increasing medical and other costs, and decreasing the supply of and the demand for interstate products; (6) a Federal civil rights claim, as created in this section, is necessary to guarantee equal protection of the laws and to reduce the substantial adverse effects of bias-motivated crimes of violence on interstate commerce; and (7) victims of bias-motivated crimes of violence have a right to equal protection of the laws, including a system of justice that is unaffected by bias or discrimination and that, at every relevant stage, treats such crimes as seriously as other violent crimes. (b) Right.--All individuals within the United States, and the special maritime and territorial jurisdiction of the United States, shall have the right to be free from bias-motivated crimes of violence. (c) Claim.--Any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives an individual of the right secured by subsection (b) shall be liable to the individual injured, in a civil action in any court of competent jurisdiction, for compensatory damages of not less than $100,000, punitive damages, injunctive relief, declaratory relief, or any combination thereof. (d) Limitation, Procedure, and Rule of Construction.-- (1) Limitation.--Nothing in this section entitles an individual to a claim under subsection (c) for random acts of violence unrelated to bias or for acts that cannot be demonstrated, by a preponderance of the evidence, to be bias- motivated crimes of violence. (2) No prior criminal action.--Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the necessary elements of a claim under subsection (c). (3) Concurrent jurisdiction.--The Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this section. (4) Rule of construction.--Neither section 1367 of title 28 of the United States Code nor subsection (c) of this section shall be construed, by reason of a claim arising under such subsection, to confer on the courts of the United States supplemental jurisdiction of any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree. (e) Definitions.--For purposes of this section-- (1) the term ``bias-motivated'' means committed because of, on the basis of, and due to (at least in part) an animus based on, actual or perceived race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability of the victim; (2) the term ``crime of violence'' means-- (A) an act or series of acts that would constitute State or Federal offense of a kind described in section 16 of title 18, United States Code, and punishable by a maximum term of imprisonment exceeding one year, but excludes an offense against property that presents no serious risk of physical or mental disability injury to an individual; or (B) one or more actions that would constitute such offense but for the relationship between the person who takes such actions and the individual against whom such actions are taken; whether or not such offense or such actions result in criminal charges, prosecution, or conviction and whether or not such actions were taken within the United States or the special maritime and territorial jurisdiction of the United States; (3) the term ``disability'' has the meaning given it in section 3(2) of the Americans With Disabilities Act of 1990 (42 U.S.C. 12102(2)); and (4) the term ``special maritime and territorial jurisdiction of the United States'' has the meaning given such term in section 7 of title 18, United States Code. (f) Limitation on Removal.--Section 1445 of title 28, United States Code, is amended by adding at the end the following: ``(d) A civil action in any State court arising under section 2 of the Bias Crimes Compensation Act of 1993 may not be removed to any district court of the United States.''. (g) Authority To Award Attorney's Fee.--Section 722(b) of the Revised Statutes of the United States (42 U.S.C. 1988(b)) is amended by inserting ``section 2 of the Bias Crimes Compensation Act of 1993,'' after ``Public Law 92-318,''.

Bias Crimes Compensation Act of 1993 - States that all U.S. individuals shall have the right to be free from bias-motivated crimes of violence (crimes arising from differences in race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability). Creates a Federal civil rights claim against anyone who deprives an individual of such right, with compensatory and punitive damages, and injunctive or declaratory relief. Provides limitations, procedures, and rules of construction, including the limitation that random acts of violence, as opposed to bias-motivated acts, shall not be a basis for such a claim.

[ 2, 0, 387, 5003, 21203, 35018, 1783, 9, 1437, 36440, 30529, 41655, 111, 1918, 8845, 5, 315, 532, 8302, 7, 35, 36, 134, 43, 2703, 10, 2052, 1837, 3674, 6, 6914, 6, 50, 6866, 1437, 13, 10, 4157, 1846, 6, 8, 36, 176, 43, 5242, 5,...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rebuild American Manufacturing Act of 2013''. SEC. 2. NATIONAL MANUFACTURING STRATEGY. (a) Strategy Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall develop a comprehensive national manufacturing strategy. (2) Biennial revisions.--Not less frequently than once every 2 years after the date on which the President completes the strategy required by paragraph (1), the President shall revise such strategy. (b) Goals of Strategy.--The President shall include in the national manufacturing strategy required by subsection (a) short- and long-term goals for United States manufacturing, including goals-- (1) to increase the aggregate number of manufacturing jobs in the United States so that such number is not less than 20 percent of the sum of all nonfarm jobs in the United States; (2) to identify emerging technologies to strengthen the competitiveness of United States manufacturing in the global marketplace; and (3) to strengthen the manufacturing sectors of the United States in which the United States is most competitive in the global economy. (c) Information Required.--The national manufacturing strategy required by subsection (a) shall include the following: (1) A survey of all persons with headquarters in the United States that maintain manufacturing facilities outside of the United States to identify-- (A) the categories of products manufactured at such facilities; and (B) the number of manufacturing jobs located at such facilities. (2) A survey of all Federal agencies that provide assistance to United States manufacturers, including the following: (A) The Department of Commerce. (B) The Department of Defense. (C) The Department of Energy. (D) The Department of Labor. (E) The Department of the Treasury. (F) The Small Business Administration. (G) The Office of Management and Budget. (H) The Office of Science and Technology Policy. (I) The Office of the United States Trade Representative. (J) The National Science Foundation. (K) Such other Federal agencies as the President considers appropriate. (3) A survey of manufacturing goods produced in the United States and where such goods are produced. (4) The number of people in the United States employed by manufacturers operating in the United States. (5) An evaluation of the global competitiveness of United States manufacturing, including the following: (A) A comparison of the manufacturing policies and strategies of the United States with the policies and strategies of other countries, including the countries that are the top 5 trading partners of the United States. (B) A comparison of the productivity of each sector of the manufacturing industry in the United States with comparable sectors of manufacturing industries in other countries. (d) Recommendations.--The President shall include in the national manufacturing strategy required by subsection (a) recommendations for achieving the goals included in the strategy pursuant to subsection (b). Such recommendations may include proposals as follows: (1) Actions to be taken by the President, Congress, State, local, and territorial governments, the private sector, universities, industry associations, and other stakeholders. (2) Ways to improve Government policies, coordination among entities developing such policies, and Government interaction with the manufacturing sector, including interagency communications regarding the effects of proposed or active Government regulations or other executive actions on the United States manufacturing sector and its workforce. (3) How each Federal agency surveyed under subsection (c)(2) can best support the national manufacturing strategy required by subsection (a). (4) Adoption of strategies that have been implemented by other countries and proven successful. (e) Submittal of Strategy.--Not later than 180 days after the date of the enactment of this Act and each time the President revises under paragraph (2) of subsection (a) the strategy required by paragraph (1) of such subsection, the President shall submit to Congress such strategy.

Rebuild American Manufacturing Act of 2013 - Directs the President to develop a comprehensive national manufacturing strategy. Requires to be included in such strategy: (1) short- and long-term goals for U.S. manufacturing, (2) a survey of all persons with headquarters in the United States that maintain manufacturing facilities outside the United States, (3) a survey of all federal agencies that provide assistance to U.S. manufacturers, (4) a survey of manufacturing goods produced in the United States and where such goods are produced, (5) the number of people in the United States employed by manufacturers operating in the United States, and (6) an evaluation of the global competitiveness of U.S. manufacturing. Directs the President to: (1) include in such strategy recommendations for achieving its goals, and (2) report to Congress on such strategy and any revisions thereto.

[ 2, 0, 41008, 46002, 470, 12047, 1783, 1437, 39550, 36, 134, 43, 20, 270, 5658, 2179, 10, 632, 3021, 1860, 13, 5, 315, 532, 4, 36, 176, 43, 83, 2658, 9, 70, 5151, 19, 4351, 11, 5, 315, 1437, 49820, 7471, 1437, 1437, 1437, 49190, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy America Commission Act of 2003''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Healthy America Commission'' (in this Act referred to as the ``Commission'') . SEC. 3. DUTIES OF COMMISSION. The Commission shall conduct a study and, under section 6(b), submit a report on the following: (1) The total predicted societal costs of preventable diseases in the United States, disagreggated by the incidence and societal costs of each such disease. (2) The Federal Government's share of paying for the total predicted societal costs of preventable diseases in the United States during, at a minimum, the next 20 years. (3) The impact of preventable disease on society relative to the quality and affordability of health care. (4) The estimated costs and likely long-term savings resulting from a long-term disease prevention program, taking into consideration a series of scenarios regarding the program's scope and effectiveness. (5) Economic and other incentives throughout society for encouraging behavioral changes and personal responsibility. (6) Cost-benefit ratios for a broad series of disease prevention initiatives, including how far-reaching each initiative would be. (7) Target goals against which the Nation's progress under a long-term disease prevention program may be measured based on biannual achievement evaluations. (8) Procedures for monitoring the Nation's progress under a long-term disease prevention program and changes that may need to be made as the program proceeds. (9) Whether a series of pilot demonstration programs of various intensities should be undertaken before initiating a full-scale, comprehensive long-term disease prevention program for the Nation. (10) The efficiency of existing disease prevention programs and any corresponding need for expanded efforts. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members, appointed by the President in consultation with the Speaker and the minority leader of the House of Representatives and the majority leader and the minority leader of the Senate. (b) Terms.--Each member of the Commission shall serve for the life of the Commission. (c) Vacancies.--Any vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made. (d) Pay.--Each member of the Commission shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (e) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The President shall designate the Chairperson of the Commission from among the 11 members of the Commission. (g) Experts and Consultants.--The Commission may procure temporary and intermittent services, which may include the services of the Rand Corporation, under section 3109(b) of title 5, United States Code. (h) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. SEC. 5. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (d) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Gifts, Bequests, and Devises.--To the extent or in the amounts provided in advance in appropriations Acts, the Commission may accept, use, and dispose of gifts, bequests, and devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. SEC. 6. REPORTS. (a) Interim Report.--Not later than 12 months after the date of the enactment of this Act, the Commission shall submit to the Congress, the President, and the Secretary of Health and Human Services an interim report that contains such information as the Commission considers appropriate. (b) Final Report.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit a final report to the Congress, the President, and the Secretary of Health and Human Services that contains a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative action as the Commission considers appropriate. SEC. 7. TERMINATION. The Commission shall terminate 90 days after submitting its final report under section 6(b). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $7,000,000 for the period of fiscal years 2005 through 2007.

Healthy America Commission Act of 2003 - Establishes the Healthy America Commission to study and report on the societal costs of preventable disease, including: (1) costs to the Federal government and health care system; (2) incentives for behavioral change; and (3) a cost-benefit analysis for a broad series of disease prevention initiatives.

[ 2, 0, 49134, 5, 1463, 7, 2883, 10, 892, 8, 6, 223, 1402, 1274, 6, 1437, 45533, 10, 266, 15, 5, 511, 35, 36, 134, 43, 20, 746, 6126, 24032, 1042, 9, 2097, 868, 1437, 49820, 7471, 1437, 1437, 1437, 36, 134, 238, 5, 24971, 1437, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chacoan Outliers Protection Act of 1993''. SEC. 2. CONFORMING AMENDMENT. (a) Section 501 of Public Law 96-550 (16 U.S.C. 410ii) is amended in the title by striking ``Congressional findings'' and inserting in lieu thereof ``Congressional findings and purpose''. (b) Section 501(b) of Public Law 96-550 (16 U.S.C. 410ii(b)) is amended by striking ``San Juan Basin;'' and inserting in lieu thereof, ``San Juan Basin and surrounding areas;''. SEC. 3. ADDITIONS TO CHACO ARCHEOLOGICAL PROTECTION SITES. Subsection 502(b) of Public Law 96-550 (16 U.S.C. 410ii-1(b)) is amended to read as follows: ``(b)(1) Thirty-nine outlying sites as generally depicted on a map entitled ``Chaco Culture Archeological Protection Sites'', numbered 310/80,033-B and dated September 1991, are hereby designated as `Chaco Culture Archeological Protection Sites'. The thirty-nine archeological protection sites totaling approximately 14,372 acres identified as follows: Name: Acres Allentown.............................................. 380 Andrews Ranch.......................................... 950 Bee Burrow............................................. 480 Bisa'ani............................................... 131 Casa del Rio........................................... 40 Casamero............................................... 160 Chimney Rock........................................... 3,160 Coolidge............................................... 450 Dalton Pass............................................ 135 Dittert................................................ 480 Great Bend............................................. 26 Greenlee Ruin.......................................... 60 Grey Hill Spring....................................... 23 Guadalupe.............................................. 115 Halfway House.......................................... 40 Haystack............................................... 565 Hogback................................................ 453 Indian Creek........................................... 100 Jacques................................................ 66 Kin Nizhoni............................................ 726 Lake Valley............................................ 30 Manuelito-Atsee Nitsaa................................. 60 Manuelito-Kin Hochoi................................... 116 Muddy Water............................................ 1,090 Navajo Springs......................................... 260 Newcomb................................................ 50 Peach Springs.......................................... 1,046 Pierre's Site.......................................... 440 Raton Well............................................. 23 Salmon Ruin............................................ 5 San Mateo.............................................. 61 Sanostee............................................... 1,565 Section 8.............................................. 10 Skunk Springs/Crumbled House........................... 533 Standing Rock.......................................... 348 Toh-la-kai............................................. 10 Twin Angeles........................................... 40 Upper Kin Klizhin...................................... 60. ``(2) The map referred to in paragraph (1) shall be kept on file and available for public inspection in the appropriate offices of the National Park Service, the office of the State Director of the Bureau of Land Management located in Santa Fe, New Mexico, the office of the Area Director of the Bureau of Indian Affairs located in Window Rock, Arizona, and the offices of the Arizona and New Mexico State Historic Preservation Officers.''. SEC. 4. ASSISTANCE TO THE NAVAJO NATION. Section 506 of Public Law 96-550 (16 U.S.C. 410ii-5) is amended by adding the following new subsection at the end thereof: ``(f) The Secretary is authorized to assist the Navajo Nation in the protection and management of those Chaco Culture Archeological Protection Sites located on lands under the jurisdiction of the Navajo Nation through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act (Public Law 93-638), as amended, to assist the Navajo Nation in site planning, resource protection, interpretation, resource management actions, and such other purposes as may be identified in such grant, contract, or cooperative agreement.''. Passed the Senate July 21 (legislative day, June 30), 1993. Attest: WALTER J. STEWART, Secretary.

Chacoan Outliers Protection Act of 1993 - Designates seven new outlying areas as Chaco Culture Archaeological Protection Sites associated with Chacoan Anasazi Indian culture in the San Juan Basin and surrounding areas of New Mexico and Colorado. Expands the boundaries and removes or reduces the acreage of certain existing Sites. Authorizes the Secretary of the Interior to assist the Navajo Nation in the protection and management of such Sites located on lands of the Navajos through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act.

[ 2, 0, 4771, 12921, 11886, 45640, 9779, 5922, 1783, 9, 1437, 36440, 30529, 41655, 111, 1918, 8845, 5, 1909, 2589, 7, 29080, 5, 1863, 9, 5, 8867, 7, 3991, 5, 29165, 5857, 11, 1082, 1884, 6, 3039, 2591, 6, 13794, 6, 5799, 1052, 2163,...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emigrant Wilderness Historical Use Preservation Act''. SEC. 2. PURPOSES. The purposes of this Act are to ensure that-- (1) an increasing population within the vicinity of the Emigrant Wilderness of Stanislaus National Forest in the State of California may continue to enjoy the traditional variety of appropriate wilderness uses and practices, including a wilderness equestrian experience of pack and saddle stock use, consistent with protecting untrammeled and unimpaired wilderness character; (2) the Federal land comprising the Emigrant Wilderness retains wilderness character consistent with the time of designation and that changes in use levels and social preferences are not allowed to displace historical and traditional uses, including recreational commercial services provided by pack stock stations, which existed at the time of designation; and (3) future generations of Americans continue to have the opportunity to enjoy the variety of traditional wilderness experiences, including a true wilderness equestrian experience, consistent with what existed when the Emigrant Wilderness was designated. SEC. 3. PRESERVATION OF HISTORICAL EQUESTRIAN ACTIVITIES AND ACCESS TO CERTAIN FEDERAL LAND. (a) Preservation of Historical Equestrian Activities and Level of Use.--The Secretary shall take such actions as may be necessary to ensure that, within the area designated as the Emigrant Wilderness, all pack and saddle stock use, including commercial pack and saddle stock services, are recognized as appropriate wilderness activities, along with their associated effect on soil, water, and vegetation. Conditions of camps, trails, and grazing areas, at the time of designation, should be considered an acceptable benchmark level for monitoring the preservation of wilderness character. No action shall be taken to limit or exclude pack and saddle stock without an appropriate environmental analysis with an express finding that it is necessary to limit or exclude pack and saddle stock, or modify stock practices, in order to preserve the wilderness character of the area to that which existed at the time of the designation of the Emigrant Wilderness. (b) Types of Activities and Impact.--The historical use and activities in the Emigrant Wilderness, including commercial outfitting and guiding, camping, pack stock grazing, and associated campsites, campfires, tent locations, and social trails, are traditional uses that are consistent with and part of an unconfined recreational experience, and the signs of use created by these historical uses are to be considered substantially unnoticeable and acceptable as long as they do not exceed the level present at the time of wilderness designation. The Secretary shall take such actions to ensure that these traditional uses do not result in impacts that are greater than those experienced at the time the Emigrant Wilderness was designated. (c) Emigrant Wilderness Plan.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall complete an updated wilderness plan to incorporate management direction for the preservation of pack and saddle stock use and all legally acceptable recreational uses within the Emigrant Wilderness, including establishing the following: (1) Desired future conditions that recognize normal and expected pack and saddle stock use impacts as an accepted component of the wilderness character of the area. (2) Standards, and guidelines for pack and saddle stock that use ``leave no trace'' or gentle use principles for pack and saddle stock in the future consistent with past historical pack and saddle stock use practices and impacts. (3) Indicators, thresholds, and triggers for managing future pack and saddle stock use commensurate with other uses and that recognize the acceptability of historical use and impacts of pack and saddle stock. (4) A user capacity for pack and saddle stock use, including commercial pack and saddle stock services, commensurate with minimum levels necessary to ensure continued opportunity for a wilderness equestrian experience while preserving the overall wilderness character of the Emigrant Wilderness. Such user capacity shall recognize the number of stock necessary to support the typical extended family group size that frequent the Emigrant Wilderness, including commercial service support, and shall not limit group sizes to fewer than 15 people and 25 head of stock, inclusive of commercial service outfitters and guides. (5) A needs assessment that sets as a baseline the level of commercial services that existed at the time of designation. (d) Commercial Pack and Saddle Stock Services.-- (1) In general.--The Secretary of Agriculture shall-- (A) continue to authorize commercial pack and saddle stock services within the Emigrant Wilderness consistent with commercial use within that area that existed as of the date of the original designation of the Emigrant Wilderness on January 3, 1975; (B) specify the level of use, allotted user days, and activities by commercial outfitters and guides within that area in the Wilderness Plan; and (C) continue to issue authorizations to provide commercial services for commercial stock operations within the Emigrant Wilderness at historic levels consistent with this Act. (2) Levels of use.--Historical levels of commercial use, as established at the time of the designation of the Emigrant Wilderness, are considered within the normal range of acceptability for stock numbers and impacts and are considered the minimum extent necessary for realizing the recreational and other purposes of the area. Pack and saddle stock commercial use may be allowed to increase above current authorized use levels, and at levels consistent with increases in other traditional uses, after a finding in an appropriate environmental analysis that the wilderness character of the area is being protected. Current outfitter and guide special use permits may be reauthorized without environmental analysis to incorporate direction from the wilderness plan developed pursuant to subsection (c). (e) Limitations.--Nothing in subsections (a) through (e) shall be construed to-- (1) authorize the Secretary to issue or refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under this Act or any other provision of law; (2) limit the authority of the Secretary to impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals or issue special permits; or (3) create a preference for one recreational use over another for the Emigrant Wilderness, without consideration of the stated purpose of this area as stated in the Wilderness Act, PL88-577, and specific legislation establishing the Emigrant Wilderness. (f) Definitions.--For the purposes of this Act: (1) Emigrant wilderness.--The term ``Emigrant Wilderness'' means the Emigrant Wilderness of Stanislaus National Forest in the State of California, as originally designated by section 2(b) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note) and expanded by section 101(a)(9) of Public Law 98-425 (98 Stat. 1620; 16 U.S.C. 1132 note). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. Amend the title so as to read: ``A bill to preserve the opportunity for pack and saddle stock that are part of the history and character of traditional uses, practices and access within the Emigrant Wilderness of Stanislaus National Forest in the State of California as appropriate within the wilderness designation, and for other purposes.''.

Emigrant Wilderness Historical Use Preservation Act - (Sec. 3) Requires the Secretary of Agriculture (USDA) to ensure that all pack and saddle stock uses within the Emigrant Wilderness of Stanislaus National Forest in California are recognized as appropriate wilderness activities, including the effect on soil, water, and vegetation. Prohibits any action from being taken to limit or exclude pack and saddle stock without an environmental analysis with a finding that the actions are necessary to preserve the wilderness character of the area to that which existed at the time of the designation. States that historical uses and activities, including commercial outfitting and guiding, camping, pack stock grazing; and associated campfires, tent locations, and social trails are traditional uses. Requires signs of use created by these activities to be considered substantially unnoticeable and acceptable as long as they do not exceed the level present at the time of the designation. Requires the USDA to take actions to ensure that these levels are not exceeded. Direct the USDA to complete an updated wilderness plan to preserve pack and saddle stock use and all legally acceptable recreational uses within the area. Specifies requirements for the plan. Requires the USDA to continue to authorize commercial pack and saddle stock services and issue authorizations to provide commercial services for commercial stock operations within the area at historic levels. Requires the USDA to specify levels of use, user days, and activities by commercial outfitters and guides.

[ 2, 0, 16750, 20593, 35325, 14549, 7627, 1437, 50136, 28917, 26481, 1783, 111, 46233, 5, 1863, 7, 35, 36, 134, 43, 535, 7, 29080, 1861, 6356, 8, 31383, 388, 6, 50, 23209, 388, 3464, 6, 11, 645, 7, 1437, 50136, 13529, 14477, 5, 3676...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Overseas Educators Act''. SEC. 2. TEMPORARY MEASURES TO FACILITATE REEMPLOYMENT OF DISPLACED TEACHERS. (a) Definitions.--For the purpose of this section-- (1) the term ``agency'' means an Executive agency (as defined by section 105 of title 5, United States Code), excluding the General Accounting Office; (2) the term ``DoDDS teacher'' means a teacher within the meaning of section 2(2) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2)); and (3) the term ``displaced employee'' means-- (A) a DoDDS teacher who has been given specific notice that such individual is to be separated due to a reduction in force; and (B) any individual who has been involuntarily separated from service as a DoDDS teacher due to a reduction in force. (b) Consideration for Vacant Positions.--In accordance with regulations which the Office of Personnel Management shall prescribe (consistent with otherwise applicable provisions of law), an agency shall, in filling a vacant position for which a qualified displaced employee has applied in timely fashion, give full consideration to the application of the displaced employee before selecting any candidate from outside the agency for the position. (c) Limitation.--A displaced employee shall remain entitled to the consideration described in subsection (b) until the end of the 12-month period beginning on-- (1) the date such employee receives the specific notice described in subsection (a)(3)(A); or (2) if the employee is involuntarily separated (as described in subsection (a)(3)(B)), the effective date of the separation. (d) Applicability.-- (1) In general.--This section shall apply to any individual who-- (A) becomes a displaced employee during the 12- month period ending on the day before the date of enactment of this Act; or (B) becomes a displaced employee on or after the date of enactment of this Act and before October 1, 1997. (2) Rule for applying the 12-month limitation to current displaced employees.--For the purpose of any displaced employee described in paragraph (1)(A), the 12-month period under subsection (c) shall be considered to begin on the date of enactment of this Act, rather than the date which would otherwise be required by subsection (c). (3) Positions to which this section shall not apply.-- Nothing in this section shall be considered to apply with respect to any position-- (A) which has been filled as of the date of enactment of this Act; or (B) which has been excepted from the competitive service because of its confidential, policy- determining, policy-making or policy-advocating character. SEC. 3. TEACHER RECRUITMENT. (a) Amendment Relating to Benefits for Teachers Recruited Abroad.-- (1) In general.--Section 5 of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 903) is amended by redesignating subsection (d) as subsection (e), and by inserting after subsection (c) the following: ``(d)(1) Each individual recruited outside the United States for service in a teaching position shall, after such individual completes 1 full school year of service in a teaching position, be entitled to the same benefits as an individual recruited in the United States, to the extent that such benefits are based on service in a teaching position. ``(2)(A) Paragraph (1) shall not apply in the case of any individual who is the spouse of, and residing in the same household as, a member of a uniformed service who is eligible (as such a member) for benefits comparable to those described in section 7 or 8 of this Act. ``(B) An individual shall not be considered to have ceased to reside in the same household as a member if due to a reassignment of such member for 90 days or less.''. (2) Service to be considered.--In administering the amendment made by paragraph (1), service performed before, on, or after the date of enactment of this Act shall be considered. (b) Amendment Relating to the Definition of a ``Teaching Position''.--Paragraph (1) of section 2 of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(1)) is amended by striking the period at the end of subparagraph (B)(iii) and inserting a comma, and by adding at the end of such paragraph the following: ``including those cases in which such duties and responsibilities are performed-- ``(I) in a substitute capacity; ``(II) as a summer school teacher; ``(III) as an instructor for the Junior Reserve Officers' Training Corps; ``(IV) as a paraprofessional or teacher aide; ``(V) for a definite term, not to exceed 1 school year, in the excepted service; or ``(VI) for an indefinite term in the excepted service.''. SEC. 4. COMPENSATION; LEAVE TRANSFERS; RECERTIF- ICATION. (a) Compensation; Leave Transfers.--The Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901 and following) is amended-- (1) in sections 4(a)(2) and 5(c) by striking ``urban''; and (2) in section 6 by adding at the end the following: ``(h) The Director of Dependents' Education, in consultation with the Director of the Office of Personnel Management, shall establish for teachers-- ``(1) a voluntary leave transfer program similar to the one under subchapter III of chapter 63 of title 5, United States Code; and ``(2) a voluntary leave bank program similar to the one under subchapter IV of chapter 63 of title 5, United States Code.''. (b) Recertification.--Paragraph (5) of section 1413 of the Defense Dependents' Education Act of 1978 (20 U.S.C. 931(5)) is amended to read as follows: ``(5) provide for a recertification program for professional personnel employed in the system to obtain not more than 6 semester-hours of graduate or undergraduate coursework in any discipline or subject area taught by schools of the defense dependents' education system, and''. (c) Applicability.--The amendments made by subsection (a)(1)-- (1) shall apply with respect to compensation for service performed in fiscal years beginning more than 90 days after the date of enactment of this Act; and (2) shall be deemed not to have been enacted for purposes of determining compensation for service performed before the first fiscal year to which such amendments apply under paragraph (1). SEC. 5. CONTINUED HEALTH BENEFITS. (a) In General.--Section 8905a(d) of title 5, United States Code, is amended-- (1) in paragraph (1)(A) by striking ``Except as provided in paragraph (4),'' and inserting ``Except as provided in paragraph (4) or (5),''; (2) in paragraph (2) by striking ``in accordance with paragraph (1) or (4),'' and inserting ``in accordance with paragraph (1), (4), or (5),''; and (3) by adding at the end the following: ``(5)(A) For the purpose of this paragraph, the term `teaching position' has the meaning given such term under section 2(1) of the Defense Department Overseas Teachers Pay and Personnel Practices Act. ``(B) If the basis for continued coverage under this section is an involuntary separation from a teaching position due to a reduction in force-- ``(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and ``(ii) the agency which last employed the individual shall pay the remaining portion of the amount required under paragraph (1)(A). ``(C) This paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before-- ``(i) October 1, 1997; or ``(ii) February 1, 1998, if specific notice of such separation was given to such individual before October 1, 1997.''. (b) Source of Payments.--Any amount which becomes payable by an agency as a result of the enactment of subsection (a) shall be paid out of funds or appropriations available for salaries and expenses of such agency.

Department of Defense Overseas Educators Act - Provides for the implementation of temporary measures to facilitate reemployment in Federal agencies of Federal employees separated from teaching positions in schools for overseas Department of Defense dependents (DoDDS teachers). Amends the Defense Department Overseas Teachers Pay and Personnel Practices Act to require that, in certain cases, DoDDS teachers recruited abroad be entitled to the same benefits as teachers recruited in the United States. Requires the Director of Dependents' Education to establish for DoDDS teachers a voluntary leave transfer program and a voluntary leave transfer bank program. Limits the amount of graduate or undergraduate coursework which may be taken under a recertification program for DoDDS professional personnel. Amends Federal law to provide for continued health benefits for DoDDS teachers involuntarily separated from service under a reduction in force.

[ 2, 0, 33038, 29, 5, 1863, 9, 4545, 7, 5242, 10, 11659, 989, 2937, 586, 1122, 7, 5, 65, 2885, 30, 5, 641, 9, 4545, 26326, 281, 14245, 36, 7111, 7111, 43, 13, 2948, 54, 33, 57, 40645, 41938, 8254, 31, 544, 25, 10, 1832, 495, 5...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer Patient Education Act of 2012''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Annually, about 207,090 new cases of breast cancer are diagnosed, according to the American Cancer Society. (2) Breast cancer has a disproportionate and detrimental impact on African-American women and is the most common cancer among Hispanic/Latina women. (3) African-American women under the age of 40 have a greater incidence of breast cancer than Caucasian women of the same age. (4) Individuals undergoing surgery for breast cancer should give due consideration to the option of breast reconstructive surgery, either at the same time as the breast cancer surgery or at a later date. (5) According to the American Cancer Society, immediate breast reconstruction offers the advantage of combining the breast cancer surgery with the reconstructive surgery and is cost effective. (6) According to the American Cancer Society, delayed breast reconstruction may be advantageous in women who require post-surgical radiation or other treatments. (7) A woman suffering from the loss of her breast may not be a candidate for surgical breast reconstruction or may choose not to undergo additional surgery and instead choose breast prostheses. (8) The Women's Health and Cancer Rights Act of 1998 (WHCRA; Public Law 105-277) requires health plans that offer breast cancer coverage to also provide for breast reconstruction. (9) Required coverage for breast reconstruction includes all the necessary stages of reconstruction. Surgery of the opposite breast for symmetry may be required. Breast prostheses may be necessary. Other sequelae of breast cancer treatment, such as lymphedema, must be covered. (10) Up to 70 percent of women eligible for breast reconstruction are not informed of their reconstructive options. (11) Several states have enacted laws to require that women receive information on their breast cancer treatment and reconstruction options. (12) A 2009 study by Amy Alderman, M.D. at the University of Michigan and Caprice Greenberg of the Dana Farber Institute determined the two dominant reasons why women did not undergo breast reconstruction: (1) the woman was not informed of her options, and (2) the woman was not referred to a breast reconstruction surgeon. (13) According to a 2008 report by Greenberg, most women undergo breast reconstruction because the option was offered and discussed by the breast cancer surgeon. This critical discussion is often lacking. (14) Greenberg reports that women with Medicare undergo breast reconstruction at a rate of 11 percent. Women with managed care or indemnity insurance undergo reconstruction at a rate of approximately 54 percent. Nationally, only 33 percent of eligible women with breast cancer undergo breast reconstruction. SEC. 3. BREAST RECONSTRUCTION EDUCATION. Part V of title III of the Public Health Service Act (42 U.S.C. 280; programs relating to breast health and cancer) is amended by adding at the end the following: ``SEC. 399NN-1. BREAST RECONSTRUCTION EDUCATION. ``(a) In General.--The Secretary shall provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options. ``(b) Information To Be Disseminated.-- ``(1) Specific information.--Such campaign shall include dissemination of the following information: ``(A) Breast reconstruction is possible at the time of breast cancer surgery, or in a delayed fashion. ``(B) Prostheses or breast forms may be available. ``(C) Federal law mandates both public and private health plans to include coverage of breast reconstruction and prostheses. ``(D) The patient has a right to choose their provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care. ``(E) The patient may opt to undergo breast reconstruction in a delayed fashion for personal reasons, or after completion of all other breast cancer treatments. ``(2) Other information.--In addition to the information described in paragraph (1), such campaign may include dissemination of such other information (whether developed by the Secretary or by other entities) as the Secretary determines relevant. ``(3) Restriction.--Such campaign shall not specify, or be designed to serve as a tool to limit, the health care providers available to patients. ``(c) Consultation.--In developing the information to be disseminated under this section, the Secretary shall consult with appropriate medical societies and patient advocates related to breast cancer, breast reconstructive surgery, and breast prostheses and breast forms.''.

Breast Cancer Patient Education Act of 2012 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options. Requires such campaign to include dissemination of the following information: (1) breast reconstruction is possible at the time of breast cancer surgery or in a delayed fashion; (2) prostheses or breast forms may be available; (3) federal law mandates that both public and private health plans include coverage of breast reconstruction and prostheses; (4) the patient has a right to choose the provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care; and (5) the patient may opt to undergo breast reconstruction in a delayed fashion for personal reasons or after completion of all other breast cancer treatments. Prohibits such campaign from specifying, or being designed to serve as a tool to limit, the health care providers available to patients.

[ 2, 0, 31607, 1988, 7568, 27690, 3061, 1783, 9, 1125, 111, 1918, 8845, 5, 1909, 1309, 1841, 1783, 7, 2703, 14, 390, 11793, 3012, 13, 6181, 1668, 10946, 6181, 18228, 23, 10, 1437, 1437, 2537, 1437, 1437, 1437, 36, 134, 43, 86, 8, 12...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Teaching Standards and License Portability Act of 2007''. SEC. 2. TEACHING STANDARDS AND LICENSE PORTABILITY. Part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) is amended by adding at the end the following: ``Subpart 6--Teaching Standards and License Portability ``SEC. 2371. PURPOSES. ``The purposes of this subpart are the following: ``(1) To support the development of rigorous kindergarten through grade 12 teaching standards that incorporate 21st century learning skills. ``(2) To create incentives for States to adopt, pilot, and implement such rigorous kindergarten through grade 12 teaching standards. ``(3) To create incentives for States to align the States' teacher licensing systems to such rigorous kindergarten through grade 12 teaching standards. ``(4) To create incentives for States to develop policies to facilitate teacher license portability across States in order to improve the capacity of States to collaboratively address teacher shortages. ``SEC. 2372. DEFINITIONS. ``In this subpart: ``(1) Core teaching standards.--The term `core teaching standards' means standards that all beginning teachers should know and be able to teach in order to practice responsibly, regardless of the subject matter or grade level being taught. ``(2) Eligible entity.--The term `eligible entity' means an organization representing administrators of State educational agencies in partnership with 1 or more independent professional organizations with expertise in the following areas: ``(A) Teacher preparation and licensure. ``(B) Assessment of teacher knowledge, skills, and competencies. ``(3) 21st century learning skills.--The term `21st century learning skills' means the skills, knowledge, and competencies that students should master to succeed in postsecondary education and the workforce of the 21st century, including creativity and innovation skills, critical thinking and problem-solving skills, communication and collaboration skills, information and technology literacy, civic and health literacy, adaptability, social and cross-cultural skills, and leadership skills. ``SEC. 2373. GRANT PROGRAM AUTHORIZED. ``(a) Authorization.--The Secretary is authorized to award a competitive grant to an eligible entity to enable such entity to carry out the following: ``(1) The development or updating of core teaching standards and content-specific kindergarten through grade 12 teaching standards that are rigorous and incorporate 21st century learning skills and recent research and expert knowledge on teaching practices. ``(2) The development of teacher assessments linked to the kindergarten through grade 12 teaching standards that can be used for licensing, are valid and reliable, and are performance-based. ``(3) The awarding of subgrants as described in subsection (b)(2) to State educational agencies. ``(4) The provision of technical assistance to States in the adoption, pilot testing, and implementation of kindergarten through grade 12 teaching standards and teacher assessments as described in paragraph (2). ``(5) The provision of technical assistance to States to facilitate teacher license portability across States through changes in relevant State policies or the creation of new policies for such purpose. ``(b) Uses of Funds.-- ``(1) Direct activities.-- ``(A) First and second years.--An eligible entity that receives a grant under subsection (a) shall use 100 percent of the funds made available through the grant for the first and second fiscal years-- ``(i) to develop or update the core teaching standards and content-specific kindergarten through grade 12 teaching standards; and ``(ii) to develop and pilot test teacher performance assessments that can be used to supplement or supplant current State licensing exams. ``(B) Third year and beyond.--An eligible entity that receives a grant under subsection (a) shall use not more than 40 percent of the funds made available through the grant for the third fiscal year, not more than 30 percent of the funds made available through the grant for the fourth fiscal year, and not more than 20 percent of the funds made available through the grant for the fifth fiscal year-- ``(i) to continue pilot testing and validating the teacher performance assessments; ``(ii) to disseminate the kindergarten through grade 12 teaching standards, assessments, and any other materials that States may need to properly evaluate and adopt such standards, assessments, and materials; ``(iii) to provide technical assistance to States in-- ``(I) adopting the kindergarten through grade 12 teaching standards; ``(II) pilot testing the teacher assessments; and ``(III) reliably and accurately administering and interpreting the teacher assessments; and ``(iv) to fund research activities that further the development of kindergarten through grade 12 teaching standards and assessments. ``(2) Subgrants.--An eligible entity that receives a grant under subsection (a) shall use not less than 60 percent of the funds made available through the grant for the third fiscal year, not less than 70 percent of the funds made available through the grant for the fourth fiscal year, and not less than 80 percent of the funds made available through the grant for the fifth fiscal year to award subgrants to State educational agencies to pay the Federal share of the costs of carrying out the following activities in the States: ``(A) To adopt the core teaching standards and content-specific kindergarten through grade 12 teaching standards developed or updated by the eligible entity. ``(B) To align the States' teacher licensing systems to such standards, which may include the pilot testing and use of teacher assessments developed by the eligible entity under paragraph (1)(A)(ii). ``(C) To change relevant policies or introduce new policies to facilitate teacher license portability across the States. ``SEC. 2374. APPLICATIONS. ``(a) Grant Application.-- ``(1) In general.--An eligible entity that desires a grant under this subpart shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. ``(2) Contents.--In an application submitted under paragraph (1), an eligible entity shall include, at a minimum, a description of the capability of the entity to carry out section 2373(b). ``(b) Subgrant Application.-- ``(1) In general.--A State educational agency that desires a subgrant under this subpart shall submit an application to the eligible entity at such time, in such manner, and accompanied by such information as the eligible entity may require. ``(2) Contents.--In an application submitted under paragraph (1), a State educational agency shall include, at a minimum, a description of how the agency plans to carry out the activities described in subparagraphs (A), (B), and (C) of section 2373(b)(2). ``SEC. 2375. FEDERAL SHARE. ``(a) Federal Share.--For State educational agencies receiving a subgrant under section 2371(b)(2), the Federal share of the cost of carrying out the activities described in subparagraphs (A), (B), and (C) of section 2371(b)(2) shall be 50 percent. ``(b) Payment of Non-Federal Share.--The non-Federal share may be paid in cash or in kind (fairly evaluated). ``SEC. 2376. REPORTS TO CONGRESS. ``Not later than 2 years after the date funds are first made available to carry out this subpart, and again 2 years thereafter, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report regarding activities assisted under this subpart. ``SEC. 2377. SUPPLEMENT, NOT SUPPLANT. ``Funds made available to carry out this subpart shall be used to supplement, and not supplant, other Federal, State, and local funds available to carry out the [purposes described in section 2371]. ``SEC. 2378. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart-- ``(1) $4,000,000 for each of fiscal years 2008 and 2009; and ``(2) $10,000,000 for each of fiscal years 2010, 2011, and 2012.''.

Enhancing Teaching Standards and License Portability Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award a competitive grant to a partnership between an organization representing state educational agency administrators and one or more independent professional organizations that have teacher preparation, licensure, and assessment expertise to: (1) enhance kindergarten through grade 12 teaching standards; (2) develop performance-based teaching assessments that are linked to such standards and can be used for licensing; and (3) provide technical assistance and matching subgrants to states to adopt such teaching standards and assessments, align their licensing systems to such standards, and facilitate teacher license portability across the states.

[ 2, 0, 47852, 7710, 27987, 19091, 8, 1437, 50136, 12, 48407, 2848, 4484, 1783, 9, 3010, 111, 46233, 532, 7, 7581, 6, 4792, 6, 8, 1437, 49202, 2820, 8, 1274, 13, 5, 709, 9, 17109, 19610, 149, 4978, 316, 5307, 2820, 4, 46729, 532, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors' Health Care Plan Protection Act of 2015''. SEC. 2. DELAY IN AUTHORITY TO TERMINATE CONTRACTS FOR MEDICARE ADVANTAGE PLANS FAILING TO ACHIEVE MINIMUM QUALITY RATINGS. (a) Findings.--Consistent with the studies provided under the IMPACT Act of 2014 (Public Law 113-185), it is the intent of Congress-- (1) to continue to study and request input on the effects of socioeconomic status and dual-eligible populations on the Medicare Advantage STARS rating system before reforming such system with the input of stakeholders; and (2) pending the results of such studies and input, to provide for a temporary delay in authority of the Centers for Medicare & Medicaid Services (CMS) to terminate Medicare Advantage plan contracts solely on the basis of performance of plans under the STARS rating system. (b) Delay in MA Contract Termination Authority for Plans Failing To Achieve Minimum Quality Ratings.--Section 1857(h) of the Social Security Act (42 U.S.C. 1395w-27(h)) is amended by adding at the end the following new paragraph: ``(3) Delay in contract termination authority for plans failing to achieve minimum quality rating.--The Secretary may not terminate a contract under this section with respect to the offering of an MA plan by a Medicare Advantage organization solely because the MA plan has failed to achieve a minimum quality rating under the 5-star rating system established under section 1853(o) during the period beginning on the date of the enactment of this paragraph and through the end of plan year 2018.''. SEC. 3. IMPROVEMENTS TO MA RISK ADJUSTMENT SYSTEM. Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w- 23(a)(1)(C)) is amended by adding at the end the following new clauses: ``(iv) Evaluation and subsequent revision of the risk adjustment system to account for chronic conditions and other factors for the purpose of making the risk adjustment system more accurate, transparent, and regularly updated.-- ``(I) Revision based on number of chronic conditions.--The Secretary shall revise for 2017 and periodically thereafter, the risk adjustment system under this subparagraph so that a risk score under such system, with respect to an individual, takes into account the number of chronic conditions with which the individual has been diagnosed. ``(II) Evaluation of different risk adjustment models.--The Secretary shall evaluate the impact of including 2 years of data to compare the models used to determine risk scores for 2013 and 2014 under such system. ``(III) Evaluation and analysis on chronic kidney disease (ckd) codes.-- The Secretary shall evaluate the impact of removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model and conduct an analysis of best practices of MA plans to slow disease progression related to chronic kidney disease. ``(IV) Evaluation and recommendations on use of encounter data.--The Secretary shall evaluate the impact of including 10 percent of encounter data in computing payment for 2016 and the readiness of the Centers for Medicare & Medicaid Services to incorporate encounter data in risk scores. In conducting such evaluation, the Secretary shall use data collected as encounter data on or after January 1, 2012, shall analyze such data for accuracy and completeness and issue recommendations for improving such accuracy and completeness, and shall not increase the percentage of such encounter data used unless the Secretary releases the data publicly, indicates how such data will be weighted in computing the risk scores, and ensures that the data reflects the degree and cost of care coordination under MA plans. ``(V) Conduct of evaluations.-- Evaluations and analyses under subclause (II) through (IV) shall include an actuarial opinion from the Chief Actuary of the Centers for Medicare & Medicaid Services about the reasonableness of the methods, assumptions, and conclusions of such evaluations and analyses. The Secretary shall consult with the Medicare Payment Advisory Commission and accept and consider comments of stakeholders, such as managed care organizations and beneficiary groups, on such evaluation and analyses. The Secretary shall complete such evaluations and analyses in a manner that permits the results to be applied for plan years beginning with the second plan year that begins after the date of the enactment of this clause. ``(VI) Implementation of revisions based on evaluations.--If the Secretary determines, based on such an evaluation or analysis, that revisions to the risk adjustment system to address the matters described in any of subclauses (II) through (IV) would make the risk adjustment system under this subparagraph better reflect and appropriately weight for the population that is served by the plan, the Secretary shall, beginning with 2017, and periodically thereafter, make such revisions. ``(VII) Periodic reporting to congress.--With respect to plan years beginning with 2017 and every third year thereafter, the Secretary shall submit to Congress a report on the most recent revisions (if any) made under this clause, including the evaluations conducted under subclauses (II) through (IV). ``(v) No changes to adjustment factors that prevent activities consistent with national health policy goals.--In making any changes to the adjustment factors, including adjustment for health status under paragraph (3), the Secretary shall ensure that the changes do not prevent Medicare Advantage organizations from performing or undertaking activities that are consistent with national health policy goals, including activities to promote early detection and better care coordination, the use of health risk assessments, care plans, and programs to slow the progression of chronic diseases. ``(vi) Opportunity for review and public comment regarding changes to adjustment factors.--For changes to adjustment factors effective for 2017 and subsequent years, in addition to providing notice of such changes in the announcement under subsection (b)(2), the Secretary shall provide an opportunity for review of proposed changes of not less than 60 days and a public comment period of not less than 30 days before implementing such changes.''. SEC. 4. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE STAR RATING SYSTEM. It is the sense of Congress that-- (1) the Centers for Medicare & Medicaid Services has inadvertently created a star rating system under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w- 23(o)(4)) for Medicare Advantage plans that lacks proper accounting for the socioeconomic status of enrollees in such plans and the extent to which such plans serve individuals who are also eligible for medical assistance under title XIX of such Act; and (2) Congress will work with the Centers for Medicare & Medicaid Services and stakeholders, including beneficiary groups and managed care organizations, to ensure that such rating system properly accounts for the socioeconomic status of enrollees in such plans and the extent to which such plans serve such individuals described in paragraph (1). SEC. 5. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE RISK ADJUSTMENT. It is the sense of Congress that-- (1) the Secretary of Health and Human Services should periodically monitor and improve the Medicare Advantage risk adjustment model to ensure that it accurately accounts for beneficiary risk, including for those individuals with complex chronic comorbid conditions; (2) the Secretary should closely examine the current Medicare Advantage risk adjustment methodology to ensure that plans enrolling beneficiaries with the greatest health care needs receive adequate reimbursement to deliver high-quality care and other services to help beneficiaries avoid costly complications and further progression of chronic conditions and to the extent data indicate this to be the case, the Secretary should make necessary adjustment to the risk adjustment methodology; and (3) the Secretary should reconsider the implementation of changes in the Medicare Advantage risk adjustment methodology finalized for 2016 and to use to the extent appropriate the methodology finalized in 2015 for one additional year. Passed the House of Representatives June 17, 2015. Attest: KAREN L. HAAS, Clerk.

Senior's Health Care Plan Protection Act of 2015 (Sec. 2) It is the intent of Congress to: (1) continue to study and request input on the effects of socioeconomic status and dual-eligible populations on the five-star quality rating system for Medicare Advantage (MA) plans before reforming it, and, pending study and input results, (2) delay Centers for Medicare & Medicaid (CMS) authority to terminate MA plan contracts solely on the basis of performance under the five-star rating system. The Department of Health and Human Services (HHS) may not, through the end of plan year 2018, terminate a contract with respect to the offering of an MA plan by an MA organization solely because the plan has failed to achieve a minimum quality rating under the five-star rating system. (Sec. 3) This bill amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSAct) to direct HHS (in effect, CMS) to revise for 2017, and periodically afterwards, the system for risk adjustments to payments to Medicare+Choice organizations so that an individual's risk score takes into account the number of chronic conditions with which the individual has been diagnosed. HHS must, including an actuarial opinion of the CMS Chief Actuary, evaluate the impacts of: including two years of data to compare the models used to determine the risk scores for 2013 and 2014, removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model, and including 10% of encounter data in computing payment for 2016 and CMS readiness to incorporate encounter data in risk scores. HHS shall also analyze the best practices of MA plans to slow disease progression related to chronic kidney disease. HHS shall then, if appropriate, make revisions to the risk adjustment system, based on such an evaluation or analysis, to better reflect and appropriately weight for the population served. (Sec. 4) Congress declares that: the five-star quality rating system for MA plans lacks proper accounting for the socioeconomic status of plan enrollees and the extent to which those plans serve individuals also eligible for medical assistance under SSAct title XIX (Medicaid); and Congress will work with CMS and stakeholders, including beneficiary groups and managed care organizations, to ensure that the five-star quality rating system for MA plans properly accounts for the socioeconomic status of plan enrollees and the extent to which plans serve them. (Sec. 5) It is also the sense of Congress that HHS should: periodically monitor and improve the risk adjustment model for payments to MA organizations to ensure that it accurately accounts for beneficiary risk; closely examine and adjust as necessary the current MA risk adjustment methodology to ensure that plans enrolling beneficiaries with the greatest health care needs receive adequate reimbursement to deliver high-quality care and other services to help beneficiaries avoid costly complications and further progression of chronic conditions; and reconsider the implementation of changes in the MA risk adjustment methodology finalized for 2016 and, to the extent appropriate, use the risk methodology finalized in 2015 for one additional year.

[ 2, 0, 24365, 10327, 108, 1309, 3800, 5427, 5922, 1783, 9, 570, 111, 46233, 5, 1863, 9, 1309, 8, 3861, 1820, 36, 725, 6391, 43, 7, 35, 36, 134, 43, 1551, 8, 1551, 5, 595, 8999, 29113, 810, 13380, 18670, 4, 36, 176, 43, 146, 114...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclamation Title Transfer Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible facility.--The term ``eligible facility'' means a reclamation project or facility, or a portion of such a project or facility (which may include dams and appurtenant works, water rights, infrastructure, recreational facilities, buildings, distribution and drainage works, and associated lands or interests in lands or water) that meets the criteria for potential transfer established pursuant to section 5. (2) Qualifying entity.--The term ``qualifying entity'' means an agency of a State or local government or an Indian tribe, a municipal corporation, public agency, or other entity such as a water district, that-- (A) held or holds a water service contract, repayment contract, water rights settlement contract or exchange contract providing for water service from the eligible facility to be transferred; and (B) as determined by the Secretary has the capacity to continue to manage the conveyed property for the same purposes that the property has been managed under reclamation law. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Conveyed property.--The term ``conveyed property'' means an eligible facility that has been transferred out of Federal ownership under this Act. SEC. 3. AUTHORIZATION OF TITLE TRANSFER PROGRAM. (a) Title Transfer Program.--Not later than one year after the date of the enactment of this Act, the Secretary shall establish a program to-- (1) identify and analyze the potential for public benefits from the transfer out of Federal ownership of eligible facilities, which may include an analysis of the financial, operational, water supply, and environmental characteristics of the properties proposed for transfer; and (2) facilitate transfer of title of eligible facilities out of Federal ownership to promote more efficient management of water and water-related facilities. (b) Authorization To Transfer Title to Eligible Facilities.--The Secretary, without further authorization from Congress, is authorized to convey all right, title, and interest in any eligible facility to a qualifying entity, provided that-- (1) the Secretary shall retain any mineral interests associated with the conveyed property, but all mineral interests retained by the United States under this Act shall be managed consistent with Federal law in a manner so as not to interfere with the purposes for which the eligible facility was authorized; (2) interests in water shall be conveyed under this Act by a written Agreement between the Secretary and the qualifying entity; and (3) interests in eligible facilities shall be conveyed under this Act by a written Agreement between the Secretary and the qualifying entity, developed in consultation with the existing power customers of the eligible facility. SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION LAWS. Before conveying land and facilities under this Act, the Secretary shall complete all actions required under all applicable laws, including-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (3) the National Historic Preservation Act of 1966 (16 U.S.C. 470a et seq.). SEC. 5. ELIGIBILITY CRITERIA FOR TITLE TRANSFER UNDER THIS ACT. Not later than one year after the date of the enactment of this Act, the Secretary shall establish criteria for determining whether facilities are eligible for title transfer under this Act. The criteria shall include the following minimum requirements: (1) A qualifying entity agrees to accept title to the property proposed for transfer. (2) The proposed title transfer will not have an unmitigated significant effect on the environment. (3) The qualifying entity intends to use the property for substantially the same purposes the property is being used for at the time the Secretary evaluates the potential transfer. (4) The transfer is consistent with the Secretary's responsibility to protect land and water resources held in trust for federally recognized Indian tribes. (5) The transfer is consistent with the Secretary's responsibility to ensure compliance with international treaties and interstate compacts. (6) The qualifying entity agrees to provide, as consideration for the assets to be conveyed, compensation to the United States worth the equivalent of the net present value of any repayment obligation to the United States or other income stream the United States derives from the assets to be transferred at the time of the transfer. (7) Interests in water shall only be eligible for conveyance under this Act-- (A) in connection with a conveyance of title to associated land or infrastructure; and (B) when the qualifying entity already has a contractual right to delivery or other interest or use right in the water being considered for conveyance. (8) No conveyance under this Act may-- (A) adversely impact power rates or repayment obligations; or (B) include a Federal facility that produces power that is sold to or eligible to be sold to power customers pursuant to section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)). SEC. 6. LIABILITY. Effective upon the date of conveyance of any eligible facility pursuant to this Act, the United States shall not be liable under any law for damages of any kind arising out of any act, omission, or occurrence based on its prior ownership or operation of the conveyed property. SEC. 7. BENEFITS. After a conveyance of title under this Act-- (1) the conveyed property shall not be considered to be a part of a Federal reclamation project; and (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including project power, with respect to the conveyed property, except benefits that would be available to a similarly situated entity with respect to property that is not part of a Federal reclamation project. SEC. 8. COMPLIANCE WITH OTHER LAWS. (a) In General.--After a conveyance of title under this Act, the entity to which the property is conveyed shall comply with all applicable Federal, State, and local laws and regulations in its operation of the conveyed property. (b) Applicable Authority.--In accordance with section 213(a) and (b) of the Reclamation Reform Act of 1982 (96 Stat. 1269), the ownership and full-cost pricing limitations of Federal reclamation law (the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts supplementary thereto and amendatory thereof) shall not apply to water in which an interest is conveyed to a qualifying entity under this Act, except that all provisions of Federal reclamation law shall be applicable to project water provided to the entity from facilities that are part of a Federal reclamation project. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. These funds may be used to carry out the investigations authorized under this Act, and for other costs associated with title transfer under this Act, including an appropriate Federal share of the costs of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable Federal law. Expenditures made by the Secretary under this Act shall not be a project cost assignable to any Federal reclamation project and shall be nonreimbursable. SEC. 10. REPORT. Not later than two years after the date that funds are made available for this Act, the Secretary shall submit a report to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate. The report shall-- (1) describe actions taken to implement this Act; (2) list conveyances made under this Act; (3) state the amount of Federal funds obligated or expended to carry out this Act; and (4) describe factors that limit conveyances under in this Act. SEC. 11. RECLAMATION LAW. This Act shall amend and supplement the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplementary thereto and amendatory thereof (43 U.S.C. 371 et seq.).

Reclamation Title Transfer Act of 2008 - Directs the Secretary of the Interior to establish a program to: (1) identify and analyze the potential for public benefits from the transfer out of federal ownership of eligible reclamation projects or facilities; and (2) facilitate such transfer to promote more efficient management of water and water-related facilities. Authorizes the Secretary to convey title in any such facility to a qualifying entity (including an agency of a state or local government or Indian tribe, a municipal corporation, or another entity such as a water district), provided that: (1) the Secretary retains any associated mineral interests; (2) water interests are conveyed by written agreement; and (3) interests in eligible facilities are conveyed by an agreement developed in consultation with the facility's existing power customers. Requires the Secretary to: (1) complete all actions required under all applicable laws (including environmental and historic preservation laws) before conveying land and facilities; and (2) establish criteria for determining whether facilities are eligible for title transfer, including requirements that a qualifying entity agrees to accept title to the property and that the proposed title transfer will not have an unmitigated significant effect on the environment. Shields the United States from liability for any act, omission, or occurrence based on its prior ownership or operation of the conveyed property. Requires a recipient entity to comply with all applicable laws and regulations in its operation of conveyed property.

[ 2, 0, 9064, 25121, 13497, 18853, 1783, 9, 1437, 36440, 30529, 12, 27418, 111, 46233, 5, 1863, 7, 35, 36, 134, 43, 5242, 10, 586, 1437, 7, 2937, 1270, 7, 4973, 2644, 4, 36, 176, 43, 3058, 8, 11526, 5, 801, 13, 285, 1795, 1437, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Zoning Preservation Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) In the Telecommunications Act of 1996, Congress preserved local zoning authority over decisions regarding the placement, construction and modification of personal wireless service facilities, except that (A) the zoning application must be acted upon within a reasonable amount of time; (B) the decision must be in writing and be supported by substantial evidence; (C) the decision must not be based on concerns about the environmental effects of radio frequency emissions from facilities; and (D) the State or locality must not discriminate among personal wireless service providers. (2) State and municipal zoning decisions traditionally have been afforded virtually complete deference by Federal courts. Issues of land use are distinctly local and therefore fall on the State-side of the federalism divide. (3) When Congress passed the Telecommunications Act of 1996, it anticipated the need for and proliferation of personal wireless service facilities. Congress, however, included the provisions on the preservation of local zoning authority because it also realized the need to protect State and local authority to regulate the placement, construction, and modification of these facilities, with few limitations. (4) The limitations in the Act have forced States and localities into needless litigation regarding denials of facility applications. In some cases, the courts have misinterpreted the intent of the limitations in the Act on State and local authority, forcing many States and localities to approve applications for construction of unsightly mammoth personal wireless service towers in their community. (5) Many residents of States and local towns have expressed concerns about the impact of personal wireless facilities and towers on property values, aesthetics, and the character of local communities. (6) Many localities have refused to approve personal wireless service facility applications in response to citizen concerns about the facility and tower impacts on property values, aesthetics, and character of the community. (7) A specific limitation included in the section 332(c)(7)(B)(iii) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, provides that any decision by a state or local government to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by ``substantial evidence'' contained in the written record. The conference report for the Telecommunications Act of 1996 defined ``substantial evidence contained in the written record'' as the traditional standard used for judicial review of agency actions--more than a scintilla of evidence but less than a preponderance. (8) Denials of these personal wireless service facility applications have led to litigation in Federal courts, sometimes resulting in federal judges overturning local zoning board decisions. (9) The Federal courts are split on what constitutes ``substantial evidence'' to uphold a local zoning board's decision to deny a permit for construction, placement, or modification of personal wireless service facility. (10) Some Federal courts have refused to acknowledge citizen concerns about aesthetics or a decline in property value as legitimate reasons for denying a personal wireless service facility application, holding that such concerns do not constitute ``substantial evidence''. See, e.g., APT Minneapolis, Inc. v. City of Maplewood, 1998 WL 634224, at *5 (D. Minn. Aug. 12, 1998) (concluding that ``[c]ourts construing the TCA have universally held that general aesthetic considerations fail to meet the substantial evidence test''); Omnipoint Communications Enterprises, Inc. v. Town of Amherst, N.H., Civil No. 97-614-JD (D. N.H. Aug. 21, 1998) (stating that ``[a]lthough aesthetic considerations may be properly taken into account by local governments in some circumstances, they cannot be used to exclude PWS towers entirely''). (11) Other Federal courts, however, have held that local residents' concerns about the personal wireless service facility's impact on aesthetics of the community constitute ``substantial evidence''. See, e.g., Cellular Telephone Co., v. Town of Oyster Bay, 1999 WL 35195, at *7 (2d Cir. Jan. 29, 1999) (concluding that ``aesthetics qualify as a permissible ground for denial of a permit only if we can conclude that there was `more than a scintilla' of evidence . . . before the [Zoning] Board on the negative visual impact of the cell cites''); AT&T Wireless PCS, Inc. v. City Council of the City of Virginia Beach, 155 F.3d 423, 427-28 (4th Cir. 1998) (concluding that testimony from citizens ``demonstrating concerns about the aesthetics of the towers and their incompatibility with the residential character'' of the community ``is more than enough to demonstrate the real, and surely reasonable, concerns animating the democratically elected'' city council's decision). (12) To provide the courts better guidance the Telecommunications Act of 1996 must be amended to clarify that the substantial evidence test may be satisfied by testimony of local residents expressing concerns about the impact of personal wireless service facilities on aesthetics, property values, and the character of residential neighborhoods. Such a legislative change would not discriminate against personal wireless service providers or impede their attempts to provide personal wireless services, but instead would encourage providers and States and localities to work together to design towers, facilities, or other feasible alternatives that do not intrude or diminish the aesthetics of residential communities, thus avoiding costly and protracted litigation. SEC. 3. AMENDMENTS. (a) Substantial Evidence.--Section 332(c)(7)(B)(iii) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(B)(iii)) is amended by adding at the end the following: ``For purposes of this clause, the term `substantial evidence' includes testimony by local residents expressing their concerns about the impact of personal wireless service facilities on the aesthetics, property values, and the character of the community.''. (b) Burden of Proof.--Section 332(c)(7)(B)(v) of such Act is amended by inserting after the second sentence the following: ``In any such action in which a person seeking to place, construct, or modify a tower facility is a party, such person shall bear the burden of proof.''.

Local Zoning Preservation Act of 1999 - Amends provisions of the Communications Act of 1934 relating to the placement, construction, or modification of personal wireless service facilities to: (1) state that a decision by a State or local government to deny a request for the placement of such facilities must be supported by substantial evidence, including testimony by local residents expressing their concern about the impact of such facilities on the aesthetics, property values, and character of the local community; and (2) require a person seeking to place, construct, or modify a tower facility to bear the burden of proof that such action shall have no adverse effect on such community or any person.

[ 2, 0, 24476, 525, 11626, 31039, 1783, 9, 1437, 49820, 10172, 10470, 37446, 111, 1918, 8845, 5, 6076, 1783, 9, 8008, 7, 694, 13, 5, 18498, 9, 400, 17259, 3446, 81, 2390, 2624, 1081, 6955, 544, 2644, 4, 46233, 532, 8, 400, 3233, 7, ...

SECTION 1. DEDUCTION OF PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction for the taxable year the aggregate amount paid by such individual as premiums under a high deductible health plan with respect to months during such year for which such individual is an eligible individual with respect to such health plan. ``(b) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' has the meaning given such term by section 223(c)(1). ``(2) High deductible health plan.--The term `high deductible health plan' has the meaning given such term by section 223(c)(2). ``(c) Special Rules.-- ``(1) Deduction limits.-- ``(A) Deduction allowable for only 1 plan.--For purposes of this section, in the case of an individual covered by more than 1 high deductible health plan for any month, the individual may only take into account amounts paid for such month for the plan with the lowest premium. ``(B) Plans covering ineligible individuals.--If 2 or more individuals are covered by a high deductible health plan for any month but only 1 of such individuals is an eligible individual for such month, only 50 percent of the aggregate amount paid by such eligible individual as premiums under the plan with respect to such month shall be taken into account for purposes of this section. ``(2) Group health plan coverage.-- ``(A) In general.--No deduction shall be allowed to an individual under subsection (a) for any amount paid for coverage under a high deductible health plan for a month if that individual participates in any coverage under a group health plan (within the meaning of section 5000 without regard to section 5000(d)). ``(B) Exception for plans only providing contributions to health savings accounts.--Subparagraph (A) shall not apply to an individual if the individual's only coverage under a group health plan for a month consists of contributions by an employer to a health savings account with respect to which the individual is the account beneficiary. ``(C) Exception for certain permitted coverage.-- Subparagraph (A) shall not apply to an individual if the individual's only coverage under a group health plan for a month is coverage described in clause (i) or (ii) of section 223(c)(1)(B). ``(3) Medical and health savings accounts.--Subsection (a) shall not apply with respect to any amount which is paid or distributed out of an Archer MSA or a health savings account which is not included in gross income under section 220(f) or 223(f), as the case may be. ``(4) Coordination with deduction for health insurance of self-employed individuals.--Any amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. ``(5) Coordination with medical expense deduction.--Any amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213.''. (b) Deduction Allowed Whether or Not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting before the last sentence at the end the following new paragraph: ``(21) Premiums for high deductible health plans.--The deduction allowed by section 224.''. (c) Coordination With Section 35 Health Insurance Costs Credit.-- Section 35(g)(2) of such Code is amended by striking ``or 213'' and inserting ``, 213, or 224''. (d) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting before such item the following new item: ``Sec. 224. Premiums for high deductible health plans.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 2. CREDIT FOR CERTAIN EMPLOYMENT TAXES PAID WITH RESPECT TO PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS AND CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. (a) Allowance of Credit.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. EMPLOYMENT TAXES PAID WITH RESPECT TO PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS AND CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the product of-- ``(1) the sum of the rates of tax in effect under sections 3101(a), 3101(b), 3111(a), and 3111(b) for the calendar year in which the taxable year begins, multiplied by ``(2) the sum of-- ``(A) the aggregate amount paid by such individual as premiums under a high deductible health plan which is allowed as a deduction under section 224 for the taxable year, and ``(B) the aggregate amount paid to a health savings account of such individual which is allowed as a deduction under section 223 for the taxable year. ``(b) Credit Limited to Certain Employment Taxes.-- ``(1) In general.--The credit allowed under subsection (a) with respect to any individual for any taxable year shall not exceed the specified employment taxes with respect to such individual for such taxable year. ``(2) Specified employment taxes.--For purposes of this subsection, the term `specified employment taxes' means, with respect to any individual for any taxable year, the sum of-- ``(A) the taxes imposed under sections 3101(a), 3101(b), 3111(a), 3111(b), 3201(a), 3211(a), and 3221(a) (taking into account any adjustments or refunds under section 6413) with respect to wages and compensation received by such individual during the calendar year in which such taxable year begins, and ``(B) the taxes imposed under subsections (a) and (b) of section 1401 with respect to the self-employment income of such individual for such taxable year. ``(c) Special Rule for Employment Compensation in Excess of Social Security Contribution Base.-- ``(1) In general.--If the aggregate amount of employment compensation received by any individual during the calendar year in which the taxable year begins exceeds the contribution and benefit base (as determined under section 230 of the Social Security Act), the amount of the credit determined under subsection (a) (determined before application of subsection (b)) shall be equal to the sum of-- ``(A) the amount determined under subsection (a) by only taking into account so much of the amount determined under subsection (a)(2) as does not exceed such excess and by only taking into account the rates of tax in effect under section 3101(b) and 3111(b), and ``(B) the amount determined under subsection (a) by only taking into account so much of the amount determined under subsection (a)(2) as is not taken into account under subparagraph (A) and by taking into account each of the rates of tax referred to in subsection (a)(1). ``(2) Employment compensation.--For purposes of this subsection, the term `employment compensation' means, with respect to any individual for any taxable year, the sum of-- ``(A) the wages (as defined in section 3121(a)) and compensation (as defined in section 3231(e)) received by such individual during the calendar year in which such taxable year begins, and ``(B) the self-employment income (as defined in section 1402(b)) of such individual for such taxable year.''. (b) Increase in Additional Tax on Distributions Not Used for Qualified Medical Expenses.--Paragraph (4) of section 223(f) of such Code (relating to additional tax on distributions not used for qualified medical expenses) is amended to read as follows: ``(4) Additional tax on distributions not used for qualified medical expenses.-- ``(A) In general.--The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a health savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 30 percent of the amount which is so includible. ``(B) Exception for disability or death.--In the case of payments or distributions made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies, subparagraph (A) shall be applied by substituting `15 percent' for `30 percent'. ``(C) Exception for distributions after medicare eligibility.--In the case of payments or distributions made after the date on which the account beneficiary attains the age specified in section 1811 of the Social Security Act, subparagraph (A) shall be applied by substituting `15 percent' for `30 percent'.''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or section 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and by inserting after the item relating to section 35 the following new items: ``Sec. 36. Employment taxes paid with respect to premiums for high deductible health plans and contributions to health savings accounts. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Amends the Internal Revenue Code to allow: (1) a tax deduction from gross income (available to taxpayers who do not itemize deductions) for insurance premiums for high deductible health plans; and (2) a tax credit for certain employment taxes related to premiums for high deductible health plans and contributions to health savings accounts.

[ 2, 0, 49134, 5, 19552, 9, 5, 18387, 5833, 1841, 36, 5216, 104, 43, 7, 35, 36, 134, 43, 146, 10, 18349, 13, 5, 26475, 76, 9, 5, 13884, 1280, 1199, 30, 215, 1736, 223, 10, 239, 34386, 474, 563, 4, 178, 36, 176, 43, 1157, 215, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Mental Health Treatment First Act of 2013''. SEC. 2. MENTAL HEATH CARE AND REHABILITATION FOR VETERANS FOR SERVICE- RELATED POST-TRAUMATIC STRESS DISORDER, DEPRESSION, ANXIETY DISORDER, OR RELATED SUBSTANCE USE DISORDER. (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1712B the following new section: ``Sec. 1712C. Mental health care and rehabilitation for service-related post-traumatic stress disorder, depression, anxiety disorder, or related substance use disorder ``(a) In General.--The Secretary shall carry out a program of mental health care and rehabilitation for veterans who-- ``(1) have been discharged or released from service in the active military, naval, or air service under conditions other than dishonorable for a period of not more than two years; ``(2) are enrolled in the system of annual patient enrollment established and operated by the Secretary under section 1705 of this title and have been so enrolled since before the date of the enactment of the Veterans Mental Health Treatment First Act of 2013; ``(3) are diagnosed by a physician of the Department with post-traumatic stress disorder, depression, anxiety disorder, or substance use disorder related to post-traumatic stress disorder, depression, or anxiety disorder that is service- related (as determined in accordance with subsection (b)); and ``(4) agree to the conditions of participation applicable to such veterans set forth in subsection (c). ``(b) Treatment of Conditions as Service-Related.--(1) A condition of a veteran described in subsection (a)(3) shall be treated as service-related for purposes of this section if-- ``(A) the condition has previously been adjudicated by the Secretary to be service-connected; or ``(B) the condition is judged by the physician of the Department making the diagnosis for the veteran as described in subsection (a)(3) to be plausibly related to the service of the veteran in the active military, naval, or air service. ``(2) The Secretary shall prescribe in regulations the standards to be utilized by physicians of the Department in judging under paragraph (1)(B) whether or not a condition of a veteran described in subsection (a)(3) is plausibly related to the service of the veteran in the active military, naval, or air service. ``(c) Conditions of Participation.--(1) As conditions for participation in the program under this section, a veteran seeking mental health care and rehabilitation under the program for a condition described in subsection (a)(3) who has not yet filed a claim for disability under this title for such condition shall agree as follows: ``(A) To comply substantially with the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(B) Not to submit a claim for disability compensation under chapter 11 of this title for post-traumatic stress disorder, depression, anxiety disorder, or a related substance use disorder until the earlier of-- ``(i) the end of the one-year period beginning on the date of the commencement of the program by the veteran; or ``(ii) the conclusion of the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(2) As conditions for participation in the program under this section, a veteran seeking mental health care and rehabilitation under the program for a condition described in subsection (a)(3) who has filed a claim for disability under this title for such condition that has not been adjudicated by the Secretary at the time of the diagnosis of the veteran described in subsection (a)(3)-- ``(A) shall agree to comply substantially with the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran; and ``(B) may agree, at the election of the veteran, to the suspension by the Secretary of adjudication of such claim until completion by the veteran of the treatment regimen and rehabilitation plan. ``(3) As conditions for participation in the program under this section, a veteran seeking mental health care and rehabilitation under the program for one or more conditions described in subsection (a)(3) that have been determined by the Secretary to be service-connected shall agree as follows: ``(A) To comply substantially with the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(B) Not to submit a claim for an increase in disability compensation under chapter 11 of this title for or based on such condition or conditions until the earlier of-- ``(i) the end of the one-year period beginning on the date of the commencement of the program by the veteran; or ``(ii) the completion of the treatment regimen and rehabilitation plan prescribed under subsection (d) for the veteran. ``(d) Treatment Regimen and Rehabilitation Plan.--(1) The Secretary shall provide for each veteran who participates in the program under this section a treatment regimen and rehabilitation plan for the post- traumatic stress disorder, depression, anxiety disorder, or related substance use disorder of such veteran as described in subsection (a)(3). The treatment regimen and rehabilitation plan shall be devised by appropriate clinicians and other appropriate personnel of the Department assigned for that purpose. ``(2) The treatment regimen and rehabilitation plan for a veteran under this subsection shall include such mental health care and rehabilitation as the clinicians and other personnel concerned consider appropriate for the remediation of the condition or conditions of the veteran covered by the plan. ``(3) The duration of each treatment regimen and rehabilitation plan under this subsection shall be such period as the clinician concerned considers appropriate. ``(e) Wellness Stipends.--(1) Subject to paragraph (4), each veteran covered by subsection (c)(1) who participates in the program under this section shall be paid a stipend as follows: ``(A) $2,000 payable upon commencement of the treatment regimen and rehabilitation plan provided under subsection (d) for such veteran. ``(B) $1,500 payable every 90 days thereafter upon certification by the clinician treating such veteran under the program that such veteran is in substantial compliance with such treatment regimen and rehabilitation plan, except that the total amount payable to such veteran under this subparagraph may not exceed $6,000. ``(C) $3,000 payable at the earlier of-- ``(i) the date of the conclusion of such treatment regimen and rehabilitation plan; or ``(ii) one year after the date of the commencement of such treatment regimen and rehabilitation plan by such veteran. ``(2) Subject to paragraph (4), each veteran covered by subsection (c)(2) who participates in the program under this section shall be paid a stipend as follows: ``(A) If such veteran agrees as provided in subparagraph (B) of subsection (c)(2), the stipend payable under paragraph (1). ``(B) If such veteran does not agree as provided in subparagraph (B) of subsection (c)(2), the stipend payable under paragraph (3). ``(3) Subject to paragraph (4), each veteran covered by subsection (c)(3) who participates in the program under this section shall be paid a stipend as follows: ``(A) $667 payable upon commencement of the treatment regimen and rehabilitation plan provided under subsection (d) for such veteran. ``(B) $500 payable every 90 days thereafter upon certification by the clinician treating such veteran under the program that such veteran is in substantial compliance with such treatment regimen and rehabilitation plan, except that the total amount payable to such veteran under this subparagraph may not exceed $2,000. ``(C) $1,000 payable at the earlier of-- ``(i) the date of the conclusion of such treatment regimen and rehabilitation plan; or ``(ii) one year after the date of the commencement of such treatment regimen and rehabilitation plan by such veteran. ``(4) In the event a veteran is determined by the Secretary to have failed to comply with any condition agreed to by the veteran under subsection (c), payment to the veteran of any stipend otherwise authorized to be payable under this subsection shall cease. ``(f) Limitation on Participation.--(1) Except as provided in paragraph (2), a veteran may participate only once in the program under this section. ``(2) A veteran may participate more than once in the program under this section if the Secretary determines that such additional participation in the program will assist the veteran in achieving the remediation of the condition or conditions addressed by participation in the program. ``(3) The total amount of stipend payable under subsection (e) to a veteran covered by paragraph (2) may not exceed $11,000.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1712B the following new item: ``1712C. Mental health care and rehabilitation for service-related post-traumatic stress disorder, depression, anxiety disorder, or related substance use disorder.''.

Veterans Mental Health Treatment First Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to carry out a program of mental health care and rehabilitation for veterans who: (1) have been discharged or released from active-duty service under conditions other than dishonorable for no more than two years; (2) are enrolled in the VA system of annual patient enrollment and were so enrolled before the date of enactment of this Act; (3) are diagnosed by a VA physician with post-traumatic stress disorder, depression, anxiety disorder, or substance use disorder that is service-related (as determined by the Secretary or a VA physician); and (4) agree to certain participation conditions, including not submitting a claim for veterans' disability compensation for any such condition until either one year after program commencement or the conclusion of the prescribed treatment regimen. Requires the Secretary to provide for each participant a treatment regimen and rehabilitation plan for the determined condition. Provides a stipend for participants, commencing upon program commencement, continuing through successful treatment and plan compliance, and ending either upon the conclusion of such treatment or one year after treatment and plan commencement. Allows a veteran to participate more than once in the program if the Secretary determines that the additional participation will assist the veteran in achieving the remediation of the condition.

[ 2, 0, 40151, 1253, 16860, 1309, 19120, 1437, 46303, 30529, 12, 111, 111, 111, 36, 134, 43, 694, 13, 349, 3142, 54, 33439, 11, 5, 586, 223, 1437, 50136, 1437, 2537, 1437, 1437, 1437, 36, 495, 43, 5, 1416, 30174, 8, 11226, 563, 1425...

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Middle Class Tax Relief Act of 2006''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--TAX RELIEF FOR MIDDLE CLASS FAMILIES Sec. 101. Middle class families tax relief credits. Sec. 102. Double the child tax credit for middle class families. Sec. 103. Eliminate the middle class surcharge. TITLE II--SURTAX FOR FAMILIES WITH INCOMES OVER $1 MILLION Sec. 201. Surtax for families with incomes over $1 million. TITLE I--TAX RELIEF FOR MIDDLE CLASS FAMILIES SEC. 101. MIDDLE CLASS FAMILIES TAX RELIEF CREDITS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting before section 26 the following new section: ``SEC. 25E. MIDDLE CLASS FAMILIES TAX RELIEF CREDIT. ``(a) 10 Percent Tax Reduction for the Middle Class.-- ``(1) In general.--In the case of any natural person, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the amount of such tax. ``(2) Income limitation.--The amount allowable as a credit under paragraph (1) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return), bears to ``(B) $5,000 ($10,000 in the case of a joint return). ``(b) Zero Tax Bracket for the Poor.-- ``(1) In general.--In the case of any natural person, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the excess of-- ``(A) the sum of the taxpayer's regular tax liability for the taxable year and the tax imposed by section 55(a) for the taxable year, over ``(B) the sum of the credits allowed under this part (other than this subsection) for the taxable year. ``(2) Income limitation.--The amount allowable as a credit under paragraph (1) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $12,500 ($25,000 in the case of a joint return), bears to ``(B) $2,500 ($5,000 in the case of a joint return).''. (b) Clerical Amendment.--The table of sections of subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting before the item relating to section 26 the following new item: ``Sec. 25E. Middle class families tax relief credits.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 102. DOUBLE THE CHILD TAX CREDIT FOR MIDDLE CLASS FAMILIES. (a) In General.--Subsection (a) of section 24 of the Internal Revenue Code of 1986 (relating to child tax credit) is amended to read as follows: ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to each qualifying child of the taxpayer an amount equal to the sum of-- ``(A) the basic credit for the taxable year, plus ``(B) the additional credit for the taxable year. ``(2) Basic credit.--For purposes of this section, the term `basic credit' means-- ``(A) $1,000 in the case of any taxable year beginning before January 1, 2011, and ``(B) $500 in the case of any other taxable year. ``(3) Additional credit.--For purposes of this section, the term `additional credit' means-- ``(A) $1,000 in the case of any taxable year beginning before January 1, 2011, and ``(B) $500 in the case of any other taxable year.''. (b) Limitation on Additional Credit Based on Adjusted Gross Income.--Subsection (b) of section 24 of such Code is amended by adding at the end the following new paragraphs: ``(4) Limitation on additional credit based on adjusted gross income.--The amount of the additional credit determined under subsection (a)(3) shall be reduced (but not below zero) by an amount which bears the same ratio to such amount (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return), bears to ``(B) $5,000 ($10,000 in the case of a joint return).''. (c) Conforming Amendments.--Paragraph (1) of section 24(b) of such Code is amended-- (1) by striking ``the credit allowable under subsection (a)'' and inserting ``the basic credit determined under subsection (a)(2)'', and (2) by inserting ``on basic credit'' after ``Limitation'' in the heading thereof. (d) Coordination With EGTRRA Sunset.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendment made by section 201(a) of such Act. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 103. ELIMINATE THE MIDDLE CLASS SURCHARGE. (a) In General.--Section 55 of the Internal Revenue Code of 1986 (relating to alternative minimum tax imposed) is amended by adding at the end the following new subsection: ``(f) Exemption for Individuals for Taxable Years Beginning in 2007.--For any taxable year beginning in 2007, in the case of an individual-- ``(1) In general.--The tentative minimum tax of the taxpayer shall be zero if the adjusted gross income of the taxpayer (as determined for purposes of the regular tax) is equal to or less than the threshold amount. ``(2) Phasein of liability above exemption level.--In the case of a taxpayer whose adjusted gross income exceeds the threshold amount but does not exceed $112,500 ($225,000 in the case of a joint return), the tax imposed by subsection (a) shall be the amount which bears the same ratio to such tax (determined without regard to this subsection) as-- ``(A) the excess of-- ``(i) the adjusted gross income of the taxpayer (as determined for purposes of the regular tax), over ``(ii) the threshold amount, bears to ``(B) $12,500 ($25,000 in the case of a joint return). ``(3) Threshold amount.--For purposes of this paragraph, the term `threshold amount' means $100,000 ($200,000 in the case of a joint return). ``(4) Estates and trusts.--This subsection shall not apply to any estate or trust.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005. TITLE II--SURTAX FOR FAMILIES WITH INCOMES OVER $1 MILLION SEC. 201. SURTAX FOR FAMILIES WITH INCOMES OVER $1 MILLION. (a) General Rule.--Section 1 of the Internal Revenue Code of 1986 (relating to imposition of tax on individuals) is amended by adding at the end the following new subsection: ``(j) Surtax for Families With Incomes Over $1,000,000.-- ``(1) In general.--If the adjusted gross income of a taxpayer exceeds $500,000 ($1,000,000, in the case of a joint return), the tax imposed by this section (determined without regard to this subsection) shall be increased by an amount determined in accordance with the following tables: ``(A) Joint returns.--In the case of a joint return: ``If taxable income is: The tax is: Over $1,000,000 but not over $1,000,000,000. 7% of the excess over $1,000,000 Over $1,000,000,000............ $69,930,000, plus 10% of the excess over $1,000,000,000 ``(B) Other returns.--In the case of any other return: ``If taxable income is: The tax is: Over $500,000 but not over $500,000,000. 7% of the excess over $500,000 Over $500,000,000.............. $34,965,000, plus 10% of the excess over $500,000,000 ``(2) Tax not to apply to estates and trusts.--This subsection shall not apply to an estate or trust. ``(3) Special rule.--For purposes of section 55, the amount of the regular tax shall be determined without regard to this subsection.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (c) Section 15 Not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986.

Middle Class Tax Relief Act of 2006 - Amends the Internal Revenue Code to: (1) allow individual taxpayers with adjusted gross incomes of less than $75,000 ($150,000 for joint returns) a tax credit for 10% of their income tax; (2) eliminate income taxes for individual taxpayers with adjusted gross incomes of less than $12,500 ($25,000 for joint returns); (3) double the child tax credit for individual taxpayers with adjusted gross incomes of less than $75,000 ($150,000 for joint returns); (4) eliminate the alternative minimum tax in 2007 for certain individual taxpayers; and (5) impose an income tax surtax on individual taxpayers with adjusted gross incomes of over $500,000 ($1 million for joint returns).

[ 2, 0, 39175, 4210, 6394, 1437, 50136, 29806, 14134, 1783, 9, 3503, 111, 1918, 8845, 5, 18387, 5833, 8302, 7, 35, 36, 134, 43, 712, 5, 629, 15, 1425, 81, 68, 134, 153, 8, 36, 176, 43, 1888, 5, 629, 5713, 30, 42, 629, 2115, 5, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``PAC Limitation Act of 1999''. TITLE I--REFORMING CAMPAIGN FINANCE LAWS SEC. 101. BAN ON POLITICAL ACTION COMMITTEE CONTRIBUTIONS TO CANDIDATES IN ELECTIONS FOR FEDERAL OFFICE. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``ban on contributions to candidates by political action committees ``Sec. 323. (a) In General.--Notwithstanding any other provision of this Act, no political action committee may make any contribution to any candidate or any authorized committee of the candidate with respect to any election for Federal office. ``(b) Political Action Committee Defined.--In this section, the term `political action committee' means any political committee which is not-- ``(1) an authorized committee of a candidate; or ``(2) a national, State, local, or district committee of a political party, including any subordinate committee thereof.''. SEC. 102. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM SOURCES OUTSIDE THE DISTRICT. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions from all sources outside the congressional district involved totaling in excess of the total of contributions accepted from individual residents of the congressional district involved.''. SEC. 103. LIMITATION ON ACCEPTANCE OF SOFT MONEY BY NATIONAL AND CONGRESSIONAL COMMITTEES OF POLITICAL PARTIES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 101, is amended by adding at the end the following new section: ``limitation on acceptance of soft money by national and congressional committees of political parties ``Sec. 324. A national committee of a political party and the congressional campaign committees of a political party may not, in any calendar year, accept more than $25,000 from any single person in contributions or transfers that are not otherwise subject to the limitations, prohibitions, and reporting requirements of this Act.''. SEC. 104. REPORTS ON FEDERAL POLITICAL ADVERTISEMENTS CARRIED BY RADIO STATIONS, TELEVISION STATIONS, AND CABLE SYSTEMS. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 101 and 103, is further amended by adding at the end the following new section: ``reports on federal political advertisements carried by radio stations, television stations, and cable systems ``Sec. 325. At such times and in such manner as the Commission shall prescribe by regulation, each operator of a radio broadcasting station, television broadcasting station, or cable system shall report to the Commission the identity of each advertiser, the cost, the duration, and other appropriate information with respect to each Federal political advertisement carried by the station or system, including any advertisement advocating the passage or defeat of Federal legislation, any advertisement advocating the election or defeat of a candidate for Federal office, and any advertisement characterizing the positions taken by such a candidate.''. SEC. 105. EFFECTIVE DATE. The amendments made by this title shall take effect on January 1, 2000. TITLE II--WORKER PAYCHECK FAIRNESS SEC. 201. FINDINGS. The Congress finds the following: (1) Workers who pay dues or fees to a labor organization may not, as a matter of law, be required to pay to that organization any dues or fees supporting activities that are not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. (2) Many labor organizations use portions of the dues or fees they collect from the workers they represent for activities that are not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. These dues may be used to support political, social, or charitable causes or many other noncollective bargaining activities. Unfortunately, many workers who pay such dues or fees have insufficient information both about their rights regarding the payment of dues or fees to a labor organization and about how labor organizations spend employee dues or fees. (3) It is a fundamental tenet of this Nation that all men and women have a right to make individual and informed choices about the political, social, or charitable causes they support, and the law should protect that right to the greatest extent possible. SEC. 202. PURPOSE. The purpose of this title is to ensure that all workers have sufficient information about their rights regarding the payment of dues or fees to labor organizations and the uses of employee dues and fees by labor organizations and that the right of all workers to make individual and informed choices about the political, social, or charitable causes they support is protected to the greatest extent possible. SEC. 203. WRITTEN CONSENT. (a) In General.-- (1) Authorization.--A labor organization accepting payment of any dues or fees from an employee as a condition of employment pursuant to an agreement authorized by Federal law must secure from each employee prior, voluntary, written authorization for any portion of such dues or fees which will be used for activities not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. (2) Requirements.--Such written authorization shall clearly state that an employee may not be required to provide such authorization and that if such authorization is provided, the employee agrees to allow any dues or fees paid to the labor organization to be used for activities which are not necessary to performing the duties of exclusive representation and which may be political, social, or charitable in nature. (b) Revocation.--An authorization described in subsection (a) shall remain in effect until revoked. Such revocation shall be effective upon 30 days written notice. (c) Civil Action by Employees.-- (1) Liability.--Any labor organization which violates this section or section 206 shall be liable to the affected employee-- (A) for damages equal to-- (i) the amount of the dues or fees accepted in violation of this section; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and (B) for such equitable relief as may be appropriate. (2) Right of action.--An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any labor organization in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of-- (A) the employees; or (B) the employees and other employees similarly situated. (3) Fees and costs.--The court in such action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitation.--An action may be brought under this subsection not later than 2 years after the date the employee knew or should have known that dues or fees were accepted or spent by a labor organization in violation of this title, except that such period shall be extended to 3 years in the case of a willful violation. SEC. 204. NOTICE. An employer whose employees are represented by a collective bargaining representative shall be required to post a notice, of such size and in such form as the Department of Labor shall prescribe, in conspicuous places in and about its plants and offices, including all places where notices to employees are customarily posted, informing employees that any labor organization accepting payment of any dues or fees from an employee as a condition of employment pursuant to an agreement authorized by Federal law must secure from each employee prior, written authorization if any portion of such dues or fees will be used for activities not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. SEC. 205. DISCLOSURE TO WORKERS. (a) Expenses Reporting.--Section 201(b) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end the following new sentence: ``Every labor organization shall be required to attribute and report expenses in such detail as necessary to allow members to determine whether such expenses were necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues.'' (b) Disclosure.--Section 201(c) of the Labor-Management Reporting and Disclosure Act of 1959 is amended-- (1) by inserting ``and employees required to pay any dues or fees to such organization'' after ``members''; and (2) by inserting ``or employee required to pay any dues or fees to such organization'' after ``member'' each place it appears. (c) Written Requests.--Section 205(b) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end the following new sentence: ``Upon written request, the Secretary shall make available complete copies of any report or other document filed pursuant to section 201.''. SEC. 206. RETALIATION AND COERCION PROHIBITED. It shall be unlawful for any labor organization to coerce, intimidate, threaten, interfere with, or retaliate against any employee in the exercise of, or on account of having exercised, any right granted or protected by this title. SEC. 207. REGULATIONS. The Secretary of Labor shall prescribe such regulations as are necessary to carry out section 204 not later than 60 days after the enactment of this title and shall prescribe such regulations as are necessary to carry out the amendments made by section 205 not later than 120 days after the enactment of this title. SEC. 208. EFFECTIVE DATE AND APPLICATION. This title shall be effective immediately upon enactment, except that sections 203 and 204 pertaining to worker consent and notice shall take effect 90 days after enactment and section 205 pertaining to disclosure shall take effect 150 days after enactment.

Title II: Worker Paycheck Fairness - Outlines worker rights with regard to the payment of dues or fees to labor organizations, requiring the following: (1) prior, voluntary written authorization for any portion of such dues or fees used for activities not necessary to performing the duties of the employee's exclusive representative in dealing with the employer on labor management issues; and (2) posting of notices to that effect by an employer with employees represented by a collective bargaining representative. Provides for civil actions by employees against labor organizations for violations involving written consent and for retaliation and coercion with regard to any employee who exercises any such right under this title. Amends the Labor-Management Reporting and Disclosure Act of 1959 to do the following: (1) require certain expense reporting by labor organizations to allow members to determine the necessity of such expenses in the performance of the duties of the employee's exclusive representative in dealing with the employer on labor-management issues; and (2) require the Secretary of Labor to make available complete copies of reports by labor organizations, including annual financial reports or other related documents upon written request.

[ 2, 0, 10127, 8845, 5, 1853, 7713, 11068, 1783, 9, 16344, 7, 18262, 143, 559, 814, 1540, 31, 8394, 143, 25543, 50, 3154, 31, 41, 3200, 25, 10, 1881, 9, 4042, 22918, 7, 41, 1288, 8672, 30, 1853, 488, 4, 46233, 5, 1863, 9, 6338, ...

SECTION 1. EXTENSION OF FARM SECURITY AND RURAL INVESTMENT ACT OF 2002. (a) Crop Programs.-- (1) Automatic one-year extension.--Every reference in title I of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171; 7 U.S.C. 7901 et seq.), or in an amendment made by such title, to the 2007 crop year or the 2007 crop of a commodity shall be deemed to also cover the 2008 crop year and the 2008 crop of the same commodity. In the case of sections 1204(e)(1) and 1208(a) of such Act (7 U.S.C. 7934(e)(1), 7938(a)), the references to July 31, 2008, shall be deemed to be July 31, 2009. (2) Conditional additional year extension.--If the President does not submit to Congress implementing legislation with respect to the Doha Development Round of World Trade Organization negotiations by January 15, 2008-- (A) every reference in title I of the Farm Security and Rural Investment Act of 2002, or in an amendment made by such title, that is deemed to cover the 2008 crop year or the 2008 crop of a commodity, by operation of paragraph (1), shall be deemed to instead cover the 2008 and 2009 crop years and the 2008 and 2009 crops of the same commodity; and (B) the references to July 31, 2008, in sections 1204(e)(1) and 1208(a) of such Act shall be deemed to be July 31, 2010. (b) Other Direct Spending Programs and Authorities.-- (1) Automatic one-year extension.--For purposes of every direct spending program (as defined in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8))) or other authority established or amended by the Farm Security and Rural Investment Act of 2002 (Public Law 107-171), other than crop programs covered by subsection (a), every reference to 2007 with regard to such programs or authority shall be deemed to refer instead to 2008. The funding level, acreage level, or tonnage level (as the case may be) specified for such a program or authority in such Act, or in an amendment made by such Act, for fiscal year 2007 shall also apply for fiscal year 2008. (2) Conditional additional year extension.--If the President does not submit to Congress implementing legislation with respect to the Doha Development Round of World Trade Organization negotiations by January 15, 2008-- (A) every reference in a direct spending program or other authority established or amended by the Farm Security and Rural Investment Act of 2002 that is deemed to be 2008 rather than 2007, by operation of paragraph (1), shall be deemed to instead refer to 2009; and (B) the funding level, acreage level, or tonnage level (as the case may be) for fiscal year 2007 for such a program or authority shall apply for both fiscal years 2008 and 2009. (c) Extension of Authorizations of Appropriations and Program Terminations.-- (1) Automatic one-year extension.--Every authorization of appropriations contained in the Farm Security and Rural Investment Act of 2002 (Public Law 107-171), or in an amendment made by such Act, that would otherwise expire on September 30, 2007, shall be deemed to expire on September 30, 2008. Every reference in such Act or in an amendment made by such Act to the termination of a program or authority in 2007 shall be deemed to refer instead to 2008. (2) Conditional additional year extension.--If the President does not submit to Congress implementing legislation with respect to the Doha Development Round of World Trade Organization negotiations by January 15, 2008-- (A) every authorization of appropriations contained in the Farm Security and Rural Investment Act of 2002, or in an amendment made by such Act, that is deemed to expire on September 30, 2008, by operation of paragraph (1), shall be deemed to expire on September 30, 2009; and (B) every reference to the termination of a program or authority specified in such Act, or in an amendment made by such Act, that is deemed to occur in 2008 rather than 2007, by operation of paragraph (1), shall be deemed to occur instead in 2009. (d) Exception.--This section does not apply with respect to peanut storage costs under section 1307(a)(6) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7957(a)(6)).

Provides for: (1) an automatic one-year extension of the authorization of appropriations for a crop year and direct spending programs and authorities (other than such crop programs) of the Farm Security and Rural Investment Act of 2002; and (2) an additional one-year extension of them if the President does not submit implementing legislation to Congress with respect to the Doha Development Round of World Trade Organization (WTO) negotiations by January 15, 2008. Provides, with the exception of peanut storage costs, the same automatic one-year extension and additional one-year extension for: (1) authorizations of appropriations in the Act scheduled to expire on September 30, 2007; and (2) termination of a program or authority in calendar year 2007.

[ 2, 0, 10127, 8845, 5, 6584, 2010, 8, 16058, 2830, 1783, 9, 5241, 7, 1157, 13, 10, 65, 12, 180, 5064, 9, 32877, 13, 5, 2266, 6792, 76, 50, 5, 2338, 6792, 9, 10, 8497, 4, 46233, 5, 270, 7, 6471, 7, 1148, 9704, 2309, 1437, 5013...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Plymouth 400th Anniversary Commemorative Coin Act of 2017''. SEC. 2. FINDINGS. The Congress finds that-- (1) the arrival of the Pilgrims in Massachusetts in 1620 is an important landmark event in the history of the United States; (2) the United States is poised for an anniversary of national and international significance, in 2020 with the 400th anniversary of the Mayflower's voyage, signing of the Mayflower Compact, and the founding of Plymouth Colony; (3) the Plymouth 400th anniversary will highlight the cultural contributions and United States traditions that began with the interaction of the indigenous Wampanoag and English peoples, a story that significantly shaped the building of the United States; (4) the settlers, now known as the Pilgrims, and their ship the Mayflower, have come to represent national and international symbols of freedom and law; (5) the indigenous Wampanoag people, and their interaction with the Pilgrims, created an important legacy through their assistance and association, including participation in the first shared harvest, which serves as an indelible iconic moment in United States history; (6) the ``Mayflower Compact'', signed near Provincetown before the Pilgrims explored Provincetown and Cape Cod and subsequently landed in Plymouth, was the colonial cornerstone for self-governance in the New World and had a profound influence on later developments related to the Constitution of the United States and the Bill of Rights; (7) the story of the Wampanoag people, the Pilgrims, and the Mayflower are iconic symbols for the world representing freedom, family, law, and justice; (8) today, people from across the 50 States and around the world visit Massachusetts to see the sights of the first landing in Provincetown, early exploration of the New World along Cape Cod, and the ultimate landing and settlement in Plymouth (commemorated by Plymouth Rock), as well as to visit the re-created Mayflower and Plimoth Plantation, trace their ancestry, and learn about the indigenous Wampanoag and their integral role in the history of the United States; (9) there are more than 20,000,000 descendants worldwide who trace their ancestry back to the Mayflower passengers arriving in 1620 and on subsequent ships in the 1620s; (10) there are two federally recognized Indian Tribes in the Commonwealth of Massachusetts--the Wampanoag Tribe of Gay Head (Aquinnah) and the Mashpee Wampanoag Tribe--that have tribal members or citizens who descend from the historical Wampanoag Indian people whose sachem Massasoit signed the Wampanoag Treaty of 1621; (11) in 1897, the General Society of Mayflower Descendants was formed with the purpose of creating permanent records of those with lineage to the Mayflower Pilgrims, and to educate the public about the impact the Pilgrims had on Western civilization; (12) in 2009, a nonprofit organization, Plymouth 400, Inc., was established to ensure a suitable national observance of the Plymouth 400th anniversary to include the themes of exploration, innovation, immigration, self-governance, religious freedom, and thanksgiving, which are legacies that were sparked by these historic events and that continue today as cornerstones of the United States; (13) Plymouth 400, Inc. will lead, support, and facilitate legislative and marketing efforts for a commemorative coin series, United States postage stamps, and related activities for the Plymouth 400th anniversary observances and commemorations in 2020; (14) a commemorative coin series will bring national and international attention to the lasting legacy of Plymouth Colony, the indigenous Wampanoag Tribes, and the Pilgrim settlers; and (15) the proceeds from a surcharge on the sale of such commemorative coins will assist the financing of a suitable national observance in 2020 and 2021 of the 400th anniversary of the Pilgrim landing and historic events, including the signing of the Mayflower Compact, the first shared harvest, interaction with the indigenous Wampanoag people, and other significant events of the period. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have diameter of 0.85 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins described 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 landing and settlement of Plymouth Colony, the signing of the Mayflower Compact, and the role of the indigenous Wampanoag Tribes in the realization of the settlement. (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 ``2020''; 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 consulting with-- (A) Plymouth 400, Inc.; (B) the General Society of Mayflower Descendants; (C) the Mashpee Wampanoag Tribe; (D) the Wampanoag Tribe of Gay Head (Aquinnah); (E) the Pilgrim Society; (F) Plimoth Plantation, Inc.; (G) the Pilgrim Monument and Provincetown Museum; (H) Provincetown 400; (I) the Plymouth Antiquarian Society; (J) the Massachusetts Cultural Council; and (K) the Massachusetts Historical Society; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during a 1-year period beginning January 1, 2020. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued 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 under this Act shall be promptly paid by the Secretary as follows: (1) 30 percent of the surcharges, to the Plymouth 400, Inc.-- (A) to support the work of the organization to develop, implement, and provide oversight for the commemorations surrounding the events of 2020 through 2021; and (B) at the discretion of Plymouth 400 to distribute to local historical preservation, tribal, and cultural organizations to support their important work in educating the public about the settlement of 1620, their continued existence for the benefit of future generations, and other related purposes; (2) 30 percent of the surcharges, to the General Society of Mayflower Descendants-- (A) to support the continued restoration of the GSMD facilities in Plymouth; (B) to provide funding for the GSMD research library in Plymouth; (C) to support academic study to learn and disseminate new information about the Pilgrims and early colonial New England; (D) to provide funding for the restoration and operation of the National Pilgrim Memorial Meetinghouse; and (E) for educational purposes; (3) 20 percent of the surcharges, to the Mashpee Wampanoag Tribe, to continue programs to educate people about the life of the Wampanoag people and Wampanoag culture, language, and history; (4) 5 percent of the surcharges, to the Wampanoag Tribe of Gay Head (Aquinnah) to support programs to educate people about the life of the Wampanoag people prior to the Plymouth settlement and the interactions between the settlers and the Wampanoag people; (5) 5 percent of the surcharges, to the Pilgrim Society d/ b/a Pilgrim Hall Museum for the stewardship, conservation, and preservation of the museum's collection of Pilgrim and Plymouth historical materials, including-- (A) the historic 1824 museum building; (B) a digitization program to preserve and share historical resources and build the technological and generational foundation for continued engagement with Plymouth history and Pilgrim Hall Museum; (C) the development, design, and construction of a new museum website to serve as a digital gateway to museum resources; (D) improvements to permanent exhibition galleries and content, including greater attention to Wampanoag history; and (E) support for educational programs and educational partnerships, including a museum internship program; and (6) 5 percent of the surcharges to Plimoth Plantation Inc., to support the Museum's educational programs and exhibits that teach the general public about the 17th century history of America including the Mayflower, the Pilgrims, the Mayflower Compact, and the Native people of this region; (7) 5 percent of the surcharges, to Pilgrims' First Landing Park, Inc. d/b/a Provincetown 400 to support the organization's work in furtherance of events and programs that educate people about the lives of the Wampanoag people and the Pilgrims before and after the arrival of the Mayflower to the New World and that explore the themes of these historic events that are still relevant today, and to maintain historical markers and sites related to the events of 1620 and 1621. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each of the organizations referred to in subsection (b) as may be related to the expenditures of amounts paid under such subsection. (d) Limitations.--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 such time of issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. (e) Exemption From Matching Requirement.--Section 5134(f)(1)(A)(ii) of title 31, United States Code, shall not apply to the organizations referred to under paragraphs (3) and (4) of subsection (b) with respect to surcharges paid under this Act. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Plymouth 400th Anniversary Commemorative Coin Act of 2017 This bill directs the Department of the Treasury to issue up to 100,000 $5 gold coins, 500,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the landing and settlement of Plymouth Colony, the signing of the Mayflower Compact, and the role of the indigenous Wampanoag tribes in the realization of the settlement. These coins may be issued only during a one-year period beginning January 1, 2020. Sales of such coins shall include specified surcharges, which shall be paid by Treasury as follows: 30% to Plymouth 400, Inc.; 30% to the General Society of Mayflower Descendants; 20% to the Mashpee Wampanoag Tribe; 5% to the Wampanoag Tribe of Gay Head (Aquinnah); 5% to the Pilgrim Society's Pilgrim Hall Museum; 5% to Plimoth Plantation, Inc.; and 5% to Pilgrims' First Landing Park, Inc.

[ 2, 0, 510, 352, 13848, 3675, 212, 23741, 17203, 1783, 9, 193, 111, 46233, 5, 1863, 9, 5, 4732, 7, 35, 36, 134, 43, 146, 8533, 647, 9, 5, 15750, 1437, 49190, 21402, 15722, 1437, 1437, 479, 1437, 1437, 1437, 36, 495, 43, 323, 5, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Savings Incentives Act of 2005''. SEC. 2. MODIFICATION OF CREDIT FOR CERTAIN NONBUSINESS ENERGY PROPERTY. (a) In General.--Section 25C of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 25C. NONBUSINESS ENERGY PROPERTY. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) $10 for each therm of certified natural gas savings attributable to qualified energy efficiency expenditures made during the taxable year, and ``(2) $0.65 for each kilowatt hour of certified electricity savings attributable to qualified energy efficiency expenditures made during the taxable year. ``(b) Lifetime Limitation.--The credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed the excess (if any) of $5,000 over the aggregate credits allowed under this section with respect to such taxpayer for all prior taxable years. ``(c) Qualified Energy Efficiency Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified energy efficiency expenditures' means expenditures made by the taxpayer, after consultation with a qualified individual described in subsection (d)(2)(C), for the improvement of a dwelling unit of the taxpayer located in the United States and used by the taxpayer as the taxpayer's principal residence. ``(2) No double benefit for certain expenditures.--The term `qualified energy efficiency expenditures' shall not include any expenditure for which a deduction or credit is otherwise allowed under this chapter. ``(3) Principal residence.-- ``(A) In general.--The term `principal residence' has the same meaning as when used in section 121, except that-- ``(i) no ownership requirement shall be imposed, and ``(ii) the period for which a building is treated as used as a principal residence shall also include the 60-day period ending on the 1st day on which it would (but for this subparagraph) first be treated as used as a principal residence. ``(B) Manufactured housing.--The term `residence' shall include a dwelling unit which is a manufactured home conforming to Federal Manufactured Home Construction and Safety Standards (24 C.F.R. 3280). ``(d) Certified Natural Gas Savings; Certified Electricity Savings.-- ``(1) In general.-- ``(A) Certified natural gas savings.--The term `certified natural gas savings' means, with respect to any taxable year, the amount, measured in therms on an average annual basis, which is equal to the excess of-- ``(i) 85 percent of the amount of natural gas which would be consumed with respect to the dwelling unit of the taxpayer if the qualified energy efficiency expenditures with respect to such taxable year were not made, as certified in accordance with paragraph (2), over ``(ii) the amount of such natural gas consumption with respect to such dwelling unit determined by taking into account the qualified energy efficiency expenditures made during such taxable year, as certified in accordance with paragraph (2). ``(B) Certified electricity savings.--The term `certified electricity savings' means, with respect to any taxable year, the amount, measured in kilowatt hours on an annual basis, which is equal to the excess of-- ``(i) 85 percent of the amount of electricity which would be consumed with respect to the dwelling unit of the taxpayer if the qualified energy efficiency expenditures with respect to such taxable year were not made, as certified in accordance with paragraph (2), over ``(ii) the amount of electricity consumption with respect to such dwelling unit determined by taking into account the qualified energy efficiency expenditures made during such taxable year, as certified in accordance with paragraph (2). ``(2) Certification.-- ``(A) In general.--The Secretary shall prescribe the manner and method for the making of certifications under this paragraph. ``(B) Procedures.--The Secretary shall include as part of the certification process procedures for inspection and testing by qualified individuals described in subparagraph (C) to ensure compliance of dwelling units with the requirements of this section. Such procedures shall be similar to the requirements in the Mortgage Industry National Accreditation Procedures for Home Energy Rating Systems. ``(C) Qualified individuals.--Individuals qualified to determine compliance shall be only those individuals who are recognized by an organization certified by the Secretary for such purposes. ``(e) Special Rules.--For purposes of this section, rules similar to the rules under paragraphs (4), (5), (6), (7), (8), and (9) of section 25D(e) shall apply. ``(f) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section with respect to any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(g) Termination.--This section shall not apply with respect to any property placed in service after December 31, 2007.''. (b) Conforming Amendment.--Section 1016(a)(34) is amended by striking ``25C(e)'' and inserting ``section 25C(f)''. (c) Effective Dates.--The amendments made by this section shall apply to property placed in service after December 31, 2005.

Home Energy Savings Incentives Act of 2005 - Amends the Internal Revenue Code to revise the tax credit for nonbusiness energy property enacted by the Energy Policy Act of 2005 to allow an individual taxpayer a credit equal to $10 for each therm of certified natural gas savings and $0.65 for each kilowatt hour of certified electricity savings attributable to energy efficiency improvements made to the taxpayer's principal residence. Limits the amount of such credit to $5,000, less credits received for all prior taxable years. Requires the Secretary of the Treasury to prescribe the manner and method for making energy savings certifications for purposes of the tax credit. Terminates the credit after December 31, 2007.

[ 2, 0, 19457, 2169, 26244, 96, 6342, 3699, 1783, 9, 4013, 111, 1918, 8845, 5, 18387, 5833, 8302, 7, 1157, 10, 629, 1361, 13, 6048, 1007, 5838, 14300, 156, 148, 215, 10, 76, 4, 46233, 5, 11827, 7, 35, 36, 134, 43, 5242, 10, 629, ...

Sec. 2. Public Law 94-241 (90 Stat. 263), as amended, is further amended by striking ``law'' in subsection (b) of section 4 and inserting in lieu thereof ``law: Provided, That for fiscal years 1994 through 1998, payments shall be limited to the provisions set forth in the Agreement of the Special Representatives on Future Federal Financial Assistance of the Northern Mariana Islands, executed on December 17, 1992, between the special representative of the President and the special representatives of the Governor of the Northern Mariana Islands for the first five years of such 1992 Agreement: Provided further, That no amendment to such 1992 Agreement may take effect until approved by an Act of Congress: Provided further, That after fiscal year 1998, the amount shall continue at the annual amount of $27,720,000, unless Congress otherwise provides by law. ``(c) No funds made available in accordance with the 1992 Agreement referred to in subsection (b) shall be obligated until sixty days after the Secretary of the Interior certifies, together with findings, after the date of enactment of this provision, and each fiscal year thereafter, to the Committee on Natural Resources of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate, that the following conditions have been fulfilled, to the extent such condition is applicable in such fiscal year, and no such funds shall be obligated for additional projects thereafter if the Secretary of the Interior determines that the Northern Mariana Islands are not in compliance with such conditions to the extent such condition is applicable at that time: ``(1) The number of aliens (a person who is not a citizen or national of the United States, a citizen of a state in free association with the United States, or an alien lawfully admitted into the United States) present in the Northern Mariana Islands for work or residency does not exceed the 1992 average daily number of such aliens present in the Northern Mariana Islands as determined by the Commissioner of the United States Immigration and Naturalization Service (INS), except that within such limitation, the Northern Mariana Islands shall impose a numerical limitation on the total number of alien workers admitted for employment in the garment industry so that the percentage of alien workers compared to the total number of workers in the garment industry shall be 75 percent in 1994, 70 percent in 1995, and 65 percent in 1996 and thereafter; ``(2) The Northern Mariana Islands shall implement a petitioning mechanism similar to that in section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) to measure and compare the number of alien admissions with the 1992 average and the Northern Mariana Islands shall provide the Immigration and Naturalization Service with such information and access as the Commissioner of the Service determines to be necessary to make his determination and for verification; ``(3) The Northern Mariana Islands has enacted and is enforcing such measures as may be necessary to raise revenues, and expend for public purposes, in each of the years funding is provided pursuant to the Agreement, in addition to those revenues which would have been raised under laws in effect on the date of enactment of this provision, of at least the same amount of net revenue (taking into account all credits, deductions, exemptions, and payments provided for in Federal law) that would otherwise have been raised in calendar year 1992 under full application of section 601 of the Covenant absent any rebates pursuant to section 602 of such Covenant, less the actual amount of revenues retained by the Northern Mariana Islands from income taxes, which measures may include, but need not be limited to, one or more of the following-- (A) developer taxes and impact fees; (B) taxes on services to visitors; (C) a reduction in the level of rebates of taxes levied under section 602 of the Covenant; (D) income taxes; or (E) taxes or fees imposed for public benefit of users of publicly provided services. ``(4) The Northern Mariana Islands is implementing a rate schedule approved by the Secretary of the Interior that, over a five-year period beginning on the date of enactment of this provision, will phase in charges for all (except low-income) users of utilities which will recover the full operating, maintenance, and debt service cost of the power utility services, and, as a minimum, the operating and maintenance costs of the water and sewer utility services; ``(5) The Secretary has approved the plans of the Northern Mariana Islands for the fiscal year for the use of the funds which indicate the priority and purpose of the projects and their cost and financing arrangements; and ``(6) The Secretary of the Interior, in consultation with the Secretary of Labor, determines that the Northern Mariana Islands has enacted and is enforcing laws-- ``(A) to provide no greater deductions from wages for housing, food, transportation, health care, employment fees, or other expenses for any workers not permanently admitted into the Northern Mariana Islands than are contained in the Fair Labor Standards Act of 1938, and ``(B) which allow for the same exemptions from the payment of minimum wages as provided in the Fair Labor Standards Act of 1938.''.

Limits Federal assistance to the Northern Mariana Islands for FY 1994 through 1998 as set forth in the Agreement of the Special Representatives on Future Federal Financial Assistance of the Northern Mariana Islands of December 1992. Continues the payment of a specified annual amount after FY 1998 unless otherwise provided by law. Bars the obligation of funds in accordance with the Agreement until the Secretary of the Interior certifies to specified congressional committees in each fiscal year that the Northern Mariana Islands: (1) does not have an amount of aliens that exceeds the 1992 average daily number of aliens in the Islands as determined by the Commissioner of the Immigration and Naturalization Service (INS) and imposes a specified numerical limitation on the number of alien workers admitted for employment in the garment industry; (2) is implementing a petitioning mechanism to measure and compare the number of alien admissions with the 1992 average and provides the INS with such information for verification purposes; (3) has enacted and is enforcing measures to raise revenues; (4) is implementing a rate schedule approved by the Secretary that will phase in charges for users of utilities to recover specified costs of power, water, and sewer services; (5) has plans approved by the Secretary for the use of project funds; and (6) has enacted and is enforcing laws to provide no greater deductions from wages for housing, food, transportation, health care, employment fees, or other expenses for workers not permanently admitted into the Islands than are contained in the Fair Labor Standards Act of 1938 and which allow for the same exemptions from the payment of minimum wages as provided in such Act.

[ 2, 0, 49134, 5, 1863, 9, 5, 8867, 7, 35, 36, 134, 43, 694, 13, 10, 4878, 11, 5, 1013, 1280, 9, 5, 3672, 7395, 15, 7543, 1853, 1437, 50136, 35028, 19418, 9, 5, 2874, 1127, 8878, 8594, 31, 1425, 2556, 6, 36, 176, 43, 694, 117,...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Cap Liquidity Reform Act of 2014''. SEC. 2. LIQUIDITY PILOT PROGRAM FOR SECURITIES OF CERTAIN EMERGING GROWTH COMPANIES. (a) In General.--Section 11A(c)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78k-1(c)(6)) is amended to read as follows: ``(6) Liquidity Pilot Program for Securities of Certain Emerging Growth Companies.-- ``(A) Quoting increment.--Beginning on the date that is 90 days after the date of the enactment of the Small Cap Liquidity Reform Act of 2014, the securities of a covered emerging growth company shall be quoted using-- ``(i) a minimum increment of $0.05; or ``(ii) if, not later than 60 days after such date of enactment, the company so elects in the manner described in subparagraph (D)-- ``(I) a minimum increment of $0.10; or ``(II) the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(B) Trading increment.--In the case of a covered emerging growth company the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph, the Commission shall determine the increment at which the securities of such company are traded. ``(C) Future right to opt out or change minimum increment.-- ``(i) In general.--At any time beginning on the date that is 90 days after the date of the enactment of the Small Cap Liquidity Reform Act of 2014, a covered emerging growth company the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph may elect in the manner described in subparagraph (D)-- ``(I) for the securities of such company to be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph; or ``(II) to change the minimum increment at which the securities of such company are quoted from $0.05 to $0.10 or from $0.10 to $0.05. ``(ii) When election effective.--An election under this subparagraph shall take effect on the date that is 30 days after such election is made. ``(iii) Single election to change minimum increment.--A covered emerging growth company may not make more than one election under clause (i)(II). ``(D) Manner of election.-- ``(i) In general.--An election is made in the manner described in this subparagraph by informing the Commission of such election. ``(ii) Notification of exchanges and other trading venues.--Upon being informed of an election under clause (i), the Commission shall notify each exchange or other trading venue where the securities of the covered emerging growth company are quoted or traded. ``(E) Issuers ceasing to be covered emerging growth companies.-- ``(i) In general.--If an issuer the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph ceases to be a covered emerging growth company, the securities of such issuer shall be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(ii) Exceptions.--The Commission may by regulation, as the Commission considers appropriate, specify any circumstances under which an issuer shall continue to be considered a covered emerging growth company for purposes of this paragraph after the issuer ceases to meet the requirements of subparagraph (L)(i). ``(F) Securities trading below $1.-- ``(i) Initial price.-- ``(I) At effective date.--If the trading price of the securities of a covered emerging growth company is below $1 at the close of the last trading day before the date that is 90 days after the date of the enactment of the Small Cap Liquidity Reform Act of 2014, the securities of such company shall be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(II) At ipo.--If a covered emerging growth company makes an initial public offering after the day described in subclause (I) and the first share of the securities of such company is offered to the public at a price below $1, the securities of such company shall be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(ii) Average trading price.--If the average trading price of the securities of a covered emerging growth company falls below $1 for any 90-day period beginning on or after the day before the date of the enactment of the Small Cap Liquidity Reform Act of 2014, the securities of such company shall, after the end of such period, be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(G) Fraud or manipulation.--If the Commission determines that a covered emerging growth company has violated any provision of the securities laws prohibiting fraudulent, manipulative, or deceptive acts or practices, the securities of such company shall, after the date of the determination, be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(H) Ineligibility for increased minimum increment permanent.--The securities of an issuer may not be quoted at a minimum increment of $0.05 or $0.10 under this paragraph at any time after-- ``(i) such issuer makes an election under subparagraph (A)(ii)(II); ``(ii) such issuer makes an election under subparagraph (C)(i)(I), except during the period before such election takes effect; or ``(iii) the securities of such issuer are required by this paragraph to be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(I) Additional reports and disclosures.--The Commission shall require a covered emerging growth company the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph to make such reports and disclosures as the Commission considers necessary or appropriate in the public interest or for the protection of investors. ``(J) Limitation of liability.--An issuer (or any officer, director, manager, or other agent of such issuer) shall not be liable to any person (other than such issuer) under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision thereof, or any contract or other legally enforceable agreement (including any arbitration agreement) for any losses caused solely by the quoting of the securities of such issuer at a minimum increment of $0.05 or $0.10, by the trading of such securities at the increment determined by the Commission under subparagraph (B), or by both such quoting and trading, as provided in this paragraph. ``(K) Report to congress.--Not later than 6 months after the date of the enactment of the Small Cap Liquidity Reform Act of 2014, and every 6 months thereafter, the Commission, in coordination with each exchange on which the securities of covered emerging growth companies are quoted or traded, shall submit to Congress a report on the quoting and trading of securities in increments permitted by this paragraph and the extent to which such quoting and trading are increasing liquidity and active trading by incentivizing capital commitment, research coverage, and brokerage support, together with any legislative recommendations the Commission may have. ``(L) Definitions.--In this paragraph: ``(i) Covered emerging growth company.--The term `covered emerging growth company' means an emerging growth company, as defined in the first paragraph (80) of section 3(a), except that-- ``(I) such paragraph shall be applied by substituting `$750,000,000' for `$1,000,000,000' each place it appears; and ``(II) subparagraphs (B), (C), and (D) of such paragraph do not apply. ``(ii) Security.--The term `security' means an equity security. ``(M) Savings provision.--Notwithstanding any other provision of this paragraph, the Commission may-- ``(i) make such adjustments to the pilot program specified in this paragraph as the Commission considers necessary or appropriate to ensure that such program can provide statistically meaningful or reliable results, including adjustments to eliminate selection bias among participants, expand the number of participants eligible to participate in such program, and change the duration of such program for one or more participants; and ``(ii) conduct any other study or pilot program, in conjunction with or separate from the pilot program specified in this paragraph (as such program may be adjusted pursuant to clause (i)), to evaluate quoting or trading in various minimum increments.''. (b) Sunset.--Effective on the date that is 5 years after the date of the enactment of this Act, section 11A(c)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78k-1(c)(6)) is repealed. Passed the House of Representatives February 11, 2014. Attest: KAREN L. HAAS, Clerk.

Small Cap Liquidity Reform Act of 2014 - Amends the Securities Exchange Act of 1934 to establish a pilot liquidity program for equity securities of emerging growth companies (EGCs) with total annual gross revenues of less than $750 million, under which those securities shall be quoted using either: (1) a minimum increment of $0.05 or $0.10, or (2) the increment at which the securities would be quoted without regard to such minimum increments. Repeals the requirement for an SEC study examining the transition to trading and quoting securities in one penny increments, known as decimalization. Directs the Securities and Exchange Commission (SEC) to determine, in the case of an EGC whose securities are quoted at a minimum increment of either $0.05 or $0.10, the increment at which such securities are traded. Requires EGC securities quoted at a minimum increment of $0.05 or $0.10 to be traded at either such minimum increment or at one permitted by SEC regulations. Permits an EGC to opt out or change such minimum increment upon notifying the SEC 90 days after enactment of this Act. Limits any EGC to a single change of minimum increment (thus prohibiting any increases in the minimum). Requires the SEC, upon notification of an EGC election, to inform each trading venue where the EGC securities are quoted or traded. Requires that securities of issuers that cease to be EGCs be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this Act. Prescribes pricing and trading procedures governing securities trading below $1.00. Directs the SEC to require an EGC under this Act to submit additional reports and disclosures. Shields an issuer from liability for losses caused solely by the quoting or trading of its securities at a minimum increment of $0.05 or $0.10, another SEC-authorized increment, or by both such quoting and trading. Directs the SEC to report biannually to Congress on: (1) the quoting and trading of securities in increments permitted by this Act, and (2) the extent to which such quoting and trading increases liquidity and active trading by incentivizing capital commitment, research coverage, and brokerage support. Authorizes the SEC to: (1) make adjustments to the pilot program to ensure that it can provide statistically meaningful or reliable results, and (2) conduct any other study or pilot program to evaluate quoting or trading in various minimum increments. Sunsets the pilot program five years after enactment of this Act.

[ 2, 0, 34647, 5133, 20785, 1571, 12287, 1783, 9, 1437, 36440, 30529, 16310, 111, 1918, 8845, 5, 3484, 1783, 9, 28955, 7, 2703, 10, 2913, 3947, 434, 138, 7, 582, 10, 3527, 30401, 9, 68, 288, 4, 2546, 50, 68, 288, 6, 698, 7, 5, 5...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeownership Vesting Plan Act of 2009''. SEC. 2. HOMEOWNERSHIP VESTING PLAN. Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is amended-- (1) by redesignating section 257, as added by section 2124(a) of the Housing and Economic Relief Act of 2008 (12 U.S.C. 1715z-24), as section 258; and (2) by adding after section 258, as so redesignated, the following new section: ``SEC. 259. HOMEOWNERSHIP VESTING PLAN. ``(a) Authority.--The Secretary shall, subject only to the absence of requests for insurance under this section and the availability of amounts pursuant to subsection (i)-- ``(1) make commitments to insure and insure any mortgage covering a 1- to 4-family residence that is made for the purpose of paying or prepaying outstanding obligations under an existing mortgage or mortgages on the residence if the mortgage being insured under this section meets the requirements of this section; and ``(2) in connection with the insurance of such mortgages-- ``(A) make payments under subsection (c) to servicers of eligible mortgages refinanced by such insured mortgages; ``(B) make payments under (b)(4) for the extinguishment of subordinate liens on the properties subject to eligible mortgages refinance by such insured mortgages; and ``(C) make loans under subsection (d) to mortgagors under such insured mortgages. ``(b) Eligible Mortgages.--To be eligible for insurance under this section, a mortgage shall comply with all of the following requirements: ``(1) Owner-occupied sole residence.--The residence securing the mortgage insured under this section shall be occupied by the mortgagor as the principal residence of the mortgagor and the mortgagor shall provide a certification to the originator of the insured mortgage that such residence securing the mortgage is the only residence in which the mortgagor has any present ownership interest. ``(2) Principal obligation amount.--The principal obligation amount of the mortgage to be insured under this section shall be equal to 97.5 percent of the current appraised value of the residence securing the mortgage. ``(3) Required waiver of prepayment penalties and fees.-- All penalties for prepayment or refinancing of the existing senior mortgage, and all fees and penalties related to default or delinquency on the existing senior mortgage, shall be waived or forgiven. ``(4) Extinguishment of subordinate liens.-- ``(A) Required agreement.--All holders of existing mortgages on the property to which the eligible mortgage relates shall agree to accept the proceeds of the insured loan, and any payment pursuant to subparagraph (B), as payment in full of all indebtedness under the existing mortgage, and all encumbrances related to such existing mortgage shall be removed. The Secretary may take such actions, in accordance with the standards established pursuant to subparagraph (B), as may be necessary and appropriate to facilitate coordination and agreement between the holders of the existing senior mortgage and any existing subordinate mortgages, taking into consideration the subordinate lien status of such subordinate mortgages. ``(B) Payment.--The Secretary shall provide for the payment to the holder of any existing subordinate mortgage of an amount equal to 5 cents for each dollar of the outstanding principal balance of, and accrued interest on, the outstanding mortgage. ``(5) Interest rate and term of mortgage.--The mortgage to be insured under this section shall-- ``(A) bear interest at a single rate that is fixed for the entire term of the mortgage; and ``(B) have a maturity of 30 years from the date of the beginning of amortization of such mortgage. ``(6) Underwriting standards.--The mortgage insured under this section shall comply with the underwriting standards applicable under the FHA Secure Program (established by mortgagee letter 2007-11, issued September 5, 2007), as such Program is in effect as of February 1, 2009. ``(7) Priority of lien for non-vested loan principal.--The mortgage to be insured under this section shall provide that the Secretary's lien pursuant to subsection (d)(4) on the residence that is subject to the mortgage shall have superior priority to the lien under the insured mortgage. ``(8) Requirements for existing senior mortgage being refinanced.-- ``(A) Origination date.--The existing senior mortgage shall have been originated during the period beginning on January 1, 2003, and ending upon December 31, 2007. ``(B) Principal obligation.--The existing senior mortgage shall have had an original principal obligation in an amount that did not exceed the maximum dollar amount limitation in effect on February 1, 2009, under section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) for a residence of the applicable size for the area in which the residence is located. ``(C) Debt-to-income ratio upon origination.--As of the time of the origination of the existing senior mortgage, the mortgagor shall have had a ratio of mortgage debt to income, taking into consideration all existing mortgages of that mortgagor at such time, exceeding 30 percent. ``(D) Loan-to-value ratio.--The existing senior mortgage shall, upon origination, have involved a principal obligation (including such initial service charges, appraisal, inspection, and other fees as the Secretary shall approve) in an amount not exceeding 90 percent of the appraised value of the property at such time. ``(c) Payment to Servicer of Existing Mortgage.--For each mortgage insured under this section, the Secretary shall make a payment in the amount of $1,000 to the servicer of the existing senior mortgage refinanced by such insured mortgage. ``(d) Nonamortizing No-Interest Loan.-- ``(1) In general.--In connection with each mortgage insured under this section, the Secretary shall make a loan under this subsection to the mortgagor, the proceeds of which shall be paid by the Secretary directly to the holder of the existing senior mortgage being refinanced by the mortgage insured under this section. Such loan shall be in an amount equal to the difference between-- ``(A) the amount of the outstanding principal obligation under the existing senior mortgage refinanced by such insured mortgage as of the time of the origination of such insured mortgage; and ``(B) the amount of the original principal obligation of the insured mortgage. ``(2) Terms.--A loan under this section-- ``(A) shall not bear interest; and ``(B) shall not require the borrower to make payments of principal, except as provided in paragraph (3). ``(3) Repayment.--A loan under this section shall require repayment of principal only if the borrower defaults with respect to the borrower's obligations under the insured mortgage in connection with which such loan is made during the 5-year period that begins on the date that such mortgage is insured, as follows: ``(A) Year 1.--If any such default occurs during the period that begins on the date that such mortgage is insured and ends 1 year after such date of insurance, the Secretary shall be entitled to repayment of 100 percent of the principal amount of the loan. ``(B) Year 2.--If any such default occurs during the period that begins 1 year after such date of insurance and ends 2 years after such date of insurance, the Secretary shall be entitled to 80 percent of such principal amount. ``(C) Year 3.--If any such default occurs during the period that begins 2 years after such date of insurance and ends 3 years after such date of insurance, the Secretary shall be entitled to 60 percent of such principal amount. ``(D) Year 4.--If any such default occurs during the period that begins 3 years after such date of insurance and ends 4 years after such date of insurance, the Secretary shall be entitled to 40 percent of such principal amount. ``(E) Year 5.--If any such default occurs during the period that begins 4 years after such date of insurance and ends 5 years after such date of insurance, the Secretary shall be entitled to 20 percent of such principal amount. ``(F) After year 5.--If any such default occurs after the expiration of the 5-year period that begins on such date of insurance, the Secretary shall not be entitled to repayment of any portion of such principal amount. ``(4) Lien.--Repayment of the portion of the principal amount of a loan made under this subsection that is required under paragraph (3) shall be secured by a lien on the residence that is subject to the mortgage insured under this section in connection with which such loan was made, that is held by the Secretary, and which shall have priority over all other liens on such residence. ``(e) Premiums.--Notwithstanding any other provision of this Act: ``(1) In general.--For each eligible mortgage insured under this section, the Secretary shall establish and collect an annual premium in an amount equal to not less than 0.55 percent of the amount of the remaining insured principal balance of the mortgage and not more than 0.75 percent of such remaining insured principal balance, as determined according to a schedule established by the Secretary that assigns such annual premiums based upon the credit risk of the mortgage. ``(2) Reduction or termination during mortgage term.-- Notwithstanding paragraph (1), the Secretary may provide that the annual premiums charged for eligible mortgages insured under this section are reduced over the term of the mortgage or that the collection of such premiums is discontinued at some time during the term of the mortgage, in a manner that is consistent with policies for such reduction or discontinuation of annual premiums charged for mortgages in accordance with section 203(c). ``(f) Sunset.--The Secretary may not enter into any new commitment to insure any refinanced eligible mortgage, or newly insure any refinanced eligible mortgage, pursuant to this section after the expiration of the 3-year period beginning upon the date of the enactment of this Act. ``(g) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Eligible mortgage.--The term `eligible mortgage' means a mortgage that meets the requirement under subsection (b) for insurance under this section. ``(2) Existing mortgage.--The term `existing mortgage' means, with respect to a mortgage insured or to be insured under this section, a mortgage on the same residence that is to be subject to such mortgage insured under this section that is to be extinguished pursuant to such insured mortgage. ``(3) Existing senior mortgage.--The term `existing senior mortgage' means, with respect to a mortgage insured or to be insured under this section, the existing mortgage that has superior priority. ``(4) Existing subordinate mortgage.--The term `existing subordinate mortgage' means, with respect to a mortgage insured or to be insured under this section, an existing mortgage that has subordinate priority to the existing senior mortgage. ``(h) Authorization of Appropriations.--There is authorized to be appropriated for fiscal years 2009 through 2012-- ``(1) $2,000,000,000 for payments under subsection (c) to servicers of eligible mortgages refinanced by such insured mortgages; ``(2) $1,500,000,000 for payments under (b)(4) for the extinguishment of subordinate liens on the properties subject to eligible mortgages refinanced by such insured mortgages; and ``(3) $90,000,000,000 for the costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1974 (2 U.S.C. 661a)) of loans under subsection (d) to mortgagors under such insured mortgages.''. SEC. 3. SERVICER SAFE HARBOR. (a) Safe Harbor.-- (1) Loan modifications and workout plans.--Notwithstanding any other provision of law, and notwithstanding any investment contract between a servicer and a securitization vehicle or investor, a servicer that acts consistent with the duty set forth in section 129A(a) of Truth in Lending Act (15 U.S.C. 1639a) shall not be liable for entering into a loan modification or workout plan with respect to any such mortgage that meets all of the criteria set forth in paragraph (2)(B) to-- (A) any person, based on that person's ownership of a residential mortgage loan or any interest in a pool of residential mortgage loans or in securities that distribute payments out of the principal, interest and other payments in loans on the pool; (B) any person who is obligated pursuant to a derivatives instrument to make payments determined in reference to any loan or any interest referred to in subparagraph (A); or (C) any person that insures any loan or any interest referred to in subparagraph (A) under any law or regulation of the United States or any law or regulation of any State or political subdivision of any State. (2) Ability to modify mortgages.-- (A) Ability.--Notwithstanding any other provision of law, and notwithstanding any investment contract between a servicer and a securitization vehicle or investor, a servicer-- (i) shall not be limited in the ability to modify mortgages, the number of mortgages that can be modified, the frequency of loan modifications, or the range of permissible modifications; and (ii) shall not be obligated to repurchase loans from or otherwise make payments to the securitization vehicle on account of a modification, workout, or other loss mitigation plan for a residential mortgage or a class of residential mortgages that constitute a part or all of the mortgages in the securitization vehicle, if any mortgage so modified meets all of the criteria set forth in subparagraph (B). (B) Criteria.--The criteria under this subparagraph with respect to a mortgage are as follows: (i) Default on the payment of such mortgage has occurred or is reasonably foreseeable. (ii) The property securing such mortgage is occupied by the mortgagor of such mortgage. (iii) The servicer reasonably and in good faith believes that the anticipated recovery on the principal outstanding obligation of the mortgage under the particular modification or workout plan or other loss mitigation action will exceed, on a net present value basis, the anticipated recovery on the principal outstanding obligation of the mortgage to be realized through foreclosure. (3) Applicability.--This subsection shall apply only with respect to modifications, workouts, and other loss mitigation plans initiated before January 1, 2012. (b) Reporting.--Each servicer that engages in loan modifications or workout plans subject to the safe harbor in subsection (a) shall report to the Secretary on a regular basis regarding the extent, scope and results of the servicer's modification activities. The Secretary shall prescribe regulations specifying the form, content, and timing of such reports. (c) Definition of Securitization Vehicles.--For purposes of this section, the term ``securitization vehicle'' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that-- (1) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (2) holds such mortgages.

Home Ownership Vesting Plan Act of 2009 - Amends the National Housing Act to direct the Secretary of Housing and Urban Development (HUD) to: (1) insure any mortgage covering a one- to four-family principal and sole residence that is made for the purpose of paying or prepaying outstanding obligations (refinancing) under an existing mortgage or mortgages meeting specified requirements; (2) pay $1,000 to the servicer of the existing senior mortgage refinanced by each mortgage insured under this Act; and (3) make a nonamortizing no-interest loan to the mortgagor, the proceeds of which shall be paid by the Secretary directly to the holder of the existing senior mortgage being refinanced. Sets forth a schedule for repayment of principal only if the borrower defaults. Shields a servicer from liability for entering into a loan modification or workout plan with respect to any such mortgage if the servicer acts consistent with the fiduciary duty of servicers of pooled residential mortgages under the Truth in Lending Act.

[ 2, 0, 49134, 5, 1863, 9, 5, 4732, 7, 146, 10, 2541, 223, 42, 1087, 7, 35, 36, 134, 43, 36702, 143, 5501, 24323, 223, 42, 1783, 6, 36, 176, 43, 146, 3081, 7, 5, 5402, 9, 215, 5501, 4, 178, 36, 246, 43, 1306, 14, 5, 5402, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nazi Benefits Termination Act of 2001''. SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS. (a) In General.--Notwithstanding any other provision of law, an individual who is determined under this Act to have been a participant in Nazi persecution is not eligible for any Federal public benefit. (b) Definitions.--In this Act: (1) Federal public benefit.--The term ``Federal public benefit'' has the meaning given such term by section 401(c)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)(1)), but shall not include any benefit described in section 401(b)(1) of such Act (8 U.S.C. 1611(b)(1)) (and, for purposes of applying such section 401(b)(1), the term ``alien'' shall be considered to mean any individual). (2) Participant in nazi persecution.--The term ``participant in Nazi persecution'' means an individual who-- (A) if an alien (as such term is defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))), has committed one or more of the acts described in section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)); or (B) if a citizen of the United States-- (i) has procured citizenship illegally or by concealment of a material fact or willful misrepresentation; and (ii) has committed one or more of the acts described in section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)). (3) Respondent.--The term ``respondent'' means an individual whom the Attorney General is providing an opportunity for a hearing on the record under section 3(a). SEC. 3. DETERMINATIONS. (a) Hearing by Immigration Judge.--If the Attorney General has reason to believe that an individual who has applied for or is receiving a Federal public benefit may have been a participant in Nazi persecution, the Attorney General may provide an opportunity for a hearing on the record with respect to the matter. The Attorney General may delegate the conduct of the hearing to an immigration judge (as defined in section 101(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(4))). (b) Procedures.-- (1) Right of respondents to appear.-- (A) Citizens, permanent resident aliens, and persons present in the united states.--At a hearing under this section, each respondent may appear in person if the respondent is a United States citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated. (B) Others.--A respondent who is not a citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated may appear by video conference. (C) Rule of interpretation.--This Act shall not be construed to permit the return to the United States of an individual who is inadmissible under section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)). (2) Other rights of respondents.--At a hearing under this section, each respondent may be represented by counsel at no expense to the Federal Government, present evidence, cross- examine witnesses, and obtain the issuance of subpoenas for the attendance of witnesses and presentation of evidence. (3) Rules of evidence.--Unless otherwise provided in this Act, rules regarding the presentation of evidence at the hearing shall apply in the same manner in which such rules would apply at a removal proceeding before an immigration judge under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). (c) Findings, Conclusions, and Order.-- (1) Findings and conclusions.--Not later than 60 days after the date of the end of a hearing conducted under this section, the immigration judge shall make findings of fact and conclusions of law with respect to whether the respondent has been a participant in Nazi persecution. (2) Order.-- (A) Finding that respondent has been a participant in nazi persecution.--If the immigration judge finds, by a preponderance of the evidence, that the respondent has been a participant in Nazi persecution, the immigration judge shall promptly issue an order declaring the respondent to be ineligible for any Federal public benefit, and prohibiting any person from providing such a benefit, directly or indirectly, to the respondent, and shall transmit a copy of the order to any governmental entity or person known to be so providing such a benefit. (B) Finding that respondent has not been a participant in nazi persecution.--If the immigration judge finds that there is insufficient evidence for a finding under subparagraph (A) that a respondent has been a participant in Nazi persecution, the immigration judge shall issue an order dismissing the proceeding. (C) Effective date; limitation of liability.-- (i) Effective date.--An order issued pursuant to subparagraph (A) or (B) shall be effective on the date of issuance. (ii) Limitation of liability.-- Notwithstanding clause (i), a person or entity shall not be found to have provided a benefit to an individual in violation of this Act until the person or entity has received actual notice of the issuance of an order under subparagraph (A) with respect to the individual and has had a reasonable opportunity to comply with the order. (d) Review by Attorney General; Service of Final Order.-- (1) Review by attorney general.--The Attorney General may, in his discretion, review any finding or conclusion made, or order issued, under subsection (c), and shall complete the review not later than 30 days after the date that the finding or conclusion is so made, or order is so issued. Otherwise, the finding, conclusion, or order shall be final. (2) Service of final order.--The Attorney General shall cause the findings of fact and conclusions of law made with respect to any final order issued under this section, together with a copy of the order, to be served on the respondent involved. (e) Judicial Review.--Any party aggrieved by a final order issued under this section may obtain a review of the order by the United States Court of Appeals for the Federal Circuit, by filing a petition for such review not later than 30 days after the date that the final order is issued. SEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT OVER APPEALS UNDER THIS ACT. Section 1295(a) of title 28, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (13); (2) by striking the period at the end of paragraph (14) and inserting ``; and''; and (3) by adding at the end the following: ``(15) of an appeal from a final order issued under the Nazi Benefits Termination Act of 2001.''.

Nazi Benefits Termination Act of 2001 - Denies Federal public benefits to individuals who have been participants in Nazi persecution. Authorizes the Attorney General, if an individual who has applied for or is receiving a Federal public benefit may have been such a participant, to provide an opportunity for a hearing on the record with respect to the matter.Requires an immigration judge who finds that the respondent has been a participant in Nazi persecution to: (1) promptly issue an order declaring the respondent to be ineligible for any Federal public benefit and prohibiting any person from providing such a benefit to the respondent; and (2) transmit a copy of the order to any governmental entity or person known to be providing such a benefit.Authorizes the Attorney General to review any finding or conclusion made or order issued and to complete such review within 30 days (otherwise such finding, conclusion, or order shall be final).Provides for the appeal of findings or orders by an aggrieved party to the U.S. Court of Appeals for the Federal Circuit.

[ 2, 0, 29513, 26901, 33890, 1258, 1783, 9, 1437, 36440, 27203, 33185, 111, 1918, 8845, 5, 315, 532, 8302, 7, 18262, 5, 752, 168, 31, 1976, 143, 752, 285, 1796, 7, 10, 621, 54, 34, 57, 10, 16076, 11, 12281, 19913, 4, 46233, 5, 274...

SECTION 1. CENTENNIAL CHALLENGE PROGRAM. Title III of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), is amended by adding at the end the following: ``SEC. 316. AUTHORITY FOR COMPETITIVE PRIZE AWARD PROGRAM TO ENCOURAGE DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL TECHNOLOGIES. ``(a) Program Authorized.--The Administrator may carry out a program, known as the Centennial Challenge Program, to award prizes to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of the space and aeronautical activities of the Administration. ``(b) Program Requirements.-- ``(1) Competitive process.--Recipients of prizes under the program under this section shall be selected through one or more competitions conducted by the Administrator. ``(2) Advertisement of competitions.--The Administrator shall widely advertise any competitions conducted under the program. ``(c) Registration; Assumption of Risk.-- ``(1) Registration.--Each potential recipient of a prize in a competition under the program under this section shall register for the competition. ``(2) Assumption of risk.--In registering for a competition under paragraph (1), a potential recipient of a prize shall assume any and all risks, and waive claims against the United States Government and its related entities (including contractors and subcontractors at any tier, suppliers, users, customers, cooperating parties, grantees, investigators, and detailees), for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from participation in the competition, whether such injury, death, damage, or loss arises through negligence or otherwise, except in the case of willful misconduct. ``(d) Budgeting and Awarding of Funds.-- ``(1) Availability of funds.--Any funds appropriated to carry out this section shall remain available until expended, but for not more than 4 fiscal years. ``(2) Deposit and withdrawal of funds.--When a prize is offered, the total amount of funding made available for that prize shall be deposited in the Centennial Challenge Trust Fund. If funding expires before a prize is awarded, the Administrator shall deposit additional funds in the account to ensure the availability of funding for all prizes. If a prize competition expires before its goals are met, the Administrator may redesignate those funds for a new challenge, but any redesignated funds will be considered as newly deposited for the purposes of paragraph (3). All cash awards made under this section shall be paid from that account. ``(3) Overall limit.--The Administrator may not deposit more than $25,000,000 annually in the Centennial Challenge Trust Fund. ``(4) Maximum prize.--No competition under the program may result in the award of more than $1,000,000 in cash prizes without the approval of the Administrator. ``(e) Relationship to Other Authority.--The Administrator may exercise the authority in this section in conjunction with or in addition to any other authority of the Administrator to acquire, support, or stimulate basic and applied research, technology development, or prototype demonstration projects.''. SEC. 2. NATIONAL AERONAUTICS AND SPACE FOUNDATION. Title III of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), as amended by section 1, is amended by adding at the end the following: ``SEC. 317. NATIONAL AERONAUTICS AND SPACE FOUNDATION. ``(a) In General.--There is established a charitable and nonprofit corporation to be known as the National Aeronautics and Space Foundation. ``(b) Purposes.--The purposes of the foundation are-- ``(1) to encourage private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in connection with, NASA, its activities, or its services; and ``(2) to further the public's knowledge of and inspiration by the Earth, the Earth's atmosphere, space, and celestial bodies in space, for current and future generations of Americans. ``(c) Board of Directors.-- ``(1) In general.--The Foundation shall be governed by a board of directors of 6 individuals appointed by the Administrator, in consultation with the chairman and ranking member of the Senate Committee on Commerce, Science, and Transportation and of the House of Representatives Committee on Science. The Administrator shall designate 1 member to serve as chair. ``(2) Term of office.--Each member shall serve for a term of 6 years, except that of the members first appointed to the board-- ``(A) 1 member shall be appointed for a term of 1 year; ``(B) 1 member shall be appointed for a term of 2 years; ``(C) 1 member shall be appointed for a term of 3 years; ``(D) 1 member shall be appointed for a term of 4 years; ``(E) 1 member shall be appointed for a term of 5 years; and ``(F) 1 member shall be appointed for a term of 6 years. ``(3) Vacancies.--An individual appointed to fill a vacancy occurring other than by the expiration of a term shall be appointed for the remainder of the term of the former member the individual succeeds. ``(4) Status.--Membership on the Board shall not be deemed to be an office within the meaning of the statutes of the United States. ``(5) Administrator to serve ex officio.--The Administrator shall be a member of the board ex officio but without the right to vote. ``(6) By-laws.--Upon the appointment and qualification of all members of the board, the board may by majority vote adopt by-laws, adopt an official seal (which shall be judicially recognized), and establish a schedule for meetings and a mechanism for calling non-scheduled meetings. Except as provided in the preceding sentence and unless modified by the Board-- ``(A) a majority of the members serving shall consitute a quorum; and ``(B) the board shall meet at least once each year and at the call of the chair. ``(7) Compensation and expenses.--No compensation shall be paid to the members of the Board for their services as members, but they shall be reimbursed for actual and necessary traveling and subsistence expenses incurred by them in the performance of their duties as such members out of Foundation funds available to the Board for such purposes. ``(d) Powers and Duties.-- ``(1) In general.--Except as otherwise provided in this section, the Foundation shall have the powers of, and be subject to the limitations of, a charitable and nonprofit corporation provided under the laws of the State (or the District of Columbia) in which it is incorporated. ``(2) Perpetual succession; member liability.--The Foundation shall have perpetual succession, with all the usual powers and obligations of a corporation acting as a trustee, including the power to sue and to be sued in its own name, but the members of the Board shall not be personally liable, except for malfeasance. ``(3) Contracts; grants; other instruments.--The Foundation shall have the power to enter into contracts or grants, to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes as approved by the board. ``(4) Gifts; devises; bequests.-- ``(A) In general.--Except as provided in subparagraph (B), the Foundation may accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein for the benefit of or in connection with, NASA, its activities, or its services, including a gift, devise, or bequest that is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of NASA, its activities, or its services. For purposes of this paragraph, an interest in real property includes easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. ``(B) Limitation.--The Foundation may not accept a gift, devise, or bequest which entails any expenditure other than from the resources of the Foundation. ``(e) Tax Status and Functions.-- ``(1) Tax-exempt status of foundation.--The Foundation and any income or property received or owned by it, and all transactions relating to such income or property, shall be exempt from all Federal, State, and local taxation with respect thereto. ``(2) In-lieu-of payments.--The Foundation may, in the discretion of the board-- ``(A) contribute toward the costs of local goverment in amounts not in excess of those which it would be obligated to pay such government if it were not exempt from taxation under paragraph (A) or by virtue of its being a charitable and nonprofit corporation; and ``(B) may contribute with respect to property transferred to it and the income derived therefrom if such agreement is a condition of the transfer. ``(3) Deductibility of contributions to foundation.--Gifts and other transfers made to or for the use of the Foundation shall be regarded as contributions, gifts, or transfers to or for the use of the United States. ``(f) Cooperative Work With NASA.-- ``(1) NASA support contracts.--The Administrator may contract with the Foundation for the performance of its duties and activities in support of the Administration. ``(2) NASA may not accept funds from foundation.--Neither NASA nor any employee thereof may be authorized to accept funds from the Foundation. ``(3) Foundation funding may not supplement appropriated funds activities.--Except as otherwise specifically provided by statute, the Foundation may not obligate or expend funds to directly supplement any program or activity of NASA, or any other Federal agency, for which appropriated funds may be obligated or expended. ``(g) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the National Aeronautics and Space Administration. ``(2) Board.--The term `board' means the board of directors of the Foundation. ``(3) Foundation.--The term `Foundation' means the National Aeronautics and Space Foundation established by subsection (a). ``(4) NASA.--The term `NASA' means the National Aeronautics and Space Administration.''.

Amends the National Aeronautics and Space Act of 1958 to: (1) authorize the Administrator of the National Aeronautics and Space Administration (NASA) to carry out a Centennial Challenge Program to award prizes to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of NASA's space and aeronautical activities; and (2) establish a charitable and nonprofit corporation to be known as the National Aeronautics and Space Foundation to encourage private gifts of real and personal property for the benefit of, or in connection with, NASA and to further the public's knowledge of, and inspiration by, the Earth and space.

[ 2, 0, 49134, 5, 19552, 7, 2324, 66, 10, 586, 7, 2354, 10761, 7, 35, 36, 134, 43, 3803, 4695, 11, 3280, 8, 5049, 557, 6, 806, 6, 8, 17715, 9961, 14, 33, 5, 801, 13, 1437, 50136, 1437, 49190, 21402, 10172, 40545, 7, 5, 819, 9,...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Salvadoran Families Together Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS. (a) In General.--Title II of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 244 the following: ``SEC. 244A. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS. ``(a) In General.--The status of any alien described in subsection (c) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- ``(1) applies for such adjustment within 3 years after the date of the enactment of this section; ``(2) is determined to be admissible to the United States for permanent residence; and ``(3) meets the criteria established under subsection (c). ``(b) Certain Grounds for Inadmissability Inapplicable.-- ``(1) In general.--For purposes of determining admissibility under subsection (a)(2), the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. ``(2) Additional waiver for individual aliens.--The Secretary may waive any other provision of section 212(a) in the case of an individual alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. ``(c) Aliens Eligible for Adjustment of Status.--An alien shall be eligible for adjustment of status if the alien-- ``(1) is a national of El Salvador who was granted temporary protected status, or was otherwise eligible for temporary protected status, on or before the date of the enactment of this section; and ``(2) has been continuously physically present in the United States for a period of not less than 3 years before the date of the enactment of this section. ``(d) Waiver Authorized.--Notwithstanding any provision of this Act, an alien who fails to meet the continuous physical presence requirement under paragraph (2) of subsection (c) shall be considered eligible for status adjustment as provided in this section if the Attorney General or the Secretary determines that the removal of the alien from the United States would result in extreme hardship to the alien, their spouse, their children, their parents, or their domestic partner. ``(e) Effect of Application on Certain Orders.--An alien present in the United States who has been ordered removed or has been granted voluntary departure from the United States may, notwithstanding such order, apply for adjustment of status under this section. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal shall be effective and enforceable to the same extent as if the application had not been made. ``(f) Work Authorization.--The Secretary shall authorize an alien who has applied for adjustment of status under this section to engage in employment in the United States during the pendency of such application and shall provide the alien with an appropriate document signifying authorization of employment. ``(g) Adjustment of Status for Certain Family Members.-- ``(1) In general.--The status of an alien shall be adjusted by the Secretary to that of an alien lawfully admitted for permanent residence if the alien-- ``(A) is the spouse, parent, or unmarried son or daughter of an alien whose status is adjusted under this section; ``(B) applies for adjustment under this section within 3 years after the date of the enactment of this section; and ``(C) is determined to be admissible to the United States for permanent residence. ``(2) Certain grounds for inadmissibility inapplicable.-- For purposes of determining admissibility under subsection (g)(1)(C), the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) shall not apply. ``(h) Availability of Administrative Review.--The Secretary shall provide to aliens applying for adjustment of status under this section the same right to, and procedures for, administrative review as are provided to-- ``(1) applicants for adjustment of status under section 245; and ``(2) aliens subject to removal proceedings under section 240. ``(i) No Offset in Number of Visas Available.--The granting of adjustment of status under this section shall not reduce the number of immigrant visas authorized to be issued under any provision of this Act. ``(j) Treatment of Brief, Casual, and Innocent Departures and Certain Other Absences.--An alien who has failed to maintain the 3-year continuous physical presence requirement under subsection (c) because of brief, casual, and innocent departures or, emergency travel, or extenuating circumstances outside of the control of the alien, shall not be considered to have failed to maintain continuous physical presence in the United States. ``(k) Definition.--In this section, the term `domestic partner' means an adult of at least 18 years of age in a committed relationship with an alien applying for adjustment of status under this section. A committed relationship is one in which the employee and the domestic partner of the employee are each other's sole domestic partner (and are not married to or domestic partners with anyone else) and share responsibility for a significant measure of each other's common welfare and financial obligations. This includes any relationship between two individuals of the same or opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or analogous relationship (including a civil union).''. (b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 244 the following: ``Sec. 244A. Adjustment of status for certain nationals of El Salvador granted or eligible for temporary protected status.''. SEC. 3. ADJUSTMENT OF RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS TO CANCELLATION OF REMOVAL. Section 244(e) of the Immigration and Nationality Act (8 U.S.C. 1254a(e)) is amended-- (1) by striking ``With respect to an alien'' and inserting the following: ``(1) In general.--With respect to an alien''; and (2) by adding at the end the following: ``(2) Waiver for certain temporary protected status holders.--The provisions in subsection (e) shall not apply to an alien who is eligible for adjustment of status pursuant to section 244A.''. SEC. 4. ELIGIBILITY FOR NATURALIZATION. (a) In General.--Notwithstanding sections 319(b), 328, and 329 of the Immigration and Nationality Act (8 U.S.C. 1430(b), 1439, and 1440), an alien whose status is adjusted under section 244A of the Immigration and Nationality Act, as added by section 2 of this Act, to that of an alien lawfully admitted for permanent residence may apply for naturalization under chapter 2 of title III of the Immigration and Nationality Act (8 U.S.C. 1421 et seq.) not earlier than 5 years after such adjustment of status. (b) Language Requirement Waiver.--Section 312(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1423(b)(2)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``334, either--'' and inserting ``334--''; (2) in subparagraph (A), by striking ``, or'' at the end and inserting a semicolon; (3) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(C) is an alien who received adjustment of status under section 244A.''.

Keeping Salvadoran Families Together Act This bill amends the Immigration and Nationality Act to permit an alien who is a national of El Salvador in temporary protected status (TPS) to apply for legal permanent resident status if such alien: is eligible for permanent resident status, applies for adjustment within three years, was granted or was eligible for TPS status, and has been continuously physically present in the United States for at least three years. (TPS designations permit eligible nationals of designated counties affected by armed conflict or natural disasters to temporarily reside and work in the United States.) The bill: waives certain grounds of inadmissibility; authorizes the waiver of the continuous physical presence requirement if an alien's removal would cause extreme hardship to the alien or to the alien's spouse, children, parents, or domestic partner; authorizes an alien who has applied for status adjustment to work; and authorizes an alien who has been ordered removed or granted voluntary departure to apply for status adjustment. An alien's spouse, parent, or unmarried child shall have his or her status adjusted to legal permanent resident if such person is eligible for status adjustment and applies within three years.

[ 2, 0, 37840, 14254, 260, 15669, 10853, 1437, 46303, 40321, 36440, 43401, 1640, 134, 43, 29726, 1757, 9, 2194, 13, 1402, 20739, 9, 1448, 14254, 4, 36, 176, 43, 10897, 8538, 13, 1402, 4667, 4371, 2194, 13, 215, 20739, 4, 36, 246, 43, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Student Loans Affordable Act of 2013''. SEC. 2. INTEREST RATE EXTENSION. Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)(7)(D)) is amended-- (1) in the matter preceding clause (i), by striking ``and before July 1, 2013,'' and inserting ``and before July 1, 2014,''; and (2) in clause (v), by striking ``and before July 1, 2013,'' and inserting ``and before July 1, 2014,''. SEC. 3. MODIFICATIONS OF REQUIRED DISTRIBUTION RULES FOR PENSION PLANS. (a) In General.--Section 401(a)(9)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Required distributions where employee dies before entire interest is distributed.-- ``(i) 5-year general rule.--A trust shall not constitute a qualified trust under this section unless the plan provides that, if an employee dies before the distribution of the employee's interest (whether or not such distribution has begun in accordance with subparagraph (A)), the entire interest of the employee will be distributed within 5 years after the death of such employee. ``(ii) Exception for eligible designated beneficiaries.--If-- ``(I) any portion of the employee's interest is payable to (or for the benefit of) an eligible designated beneficiary, ``(II) such portion will be distributed (in accordance with regulations) over the life of such eligible designated beneficiary (or over a period not extending beyond the life expectancy of such beneficiary), and ``(III) such distributions begin not later than 1 year after the date of the employee's death or such later date as the Secretary may by regulations prescribe, then, for purposes of clause (i) and except as provided in clause (iv) or subparagraph (E)(iii), the portion referred to in subclause (I) shall be treated as distributed on the date on which such distributions begin. ``(iii) Special rule for surviving spouse of employee.--If the eligible designated beneficiary referred to in clause (ii)(I) is the surviving spouse of the employee-- ``(I) the date on which the distributions are required to begin under clause (ii)(III) shall not be earlier than the date on which the employee would have attained age 70\1/ 2\, and ``(II) if the surviving spouse dies before the distributions to such spouse begin, this subparagraph shall be applied as if the surviving spouse were the employee. ``(iv) Rules upon death of eligible designated beneficiary.--If an eligible designated beneficiary dies before the portion of an employee's interest described in clause (ii) is entirely distributed, clause (ii) shall not apply to any beneficiary of such eligible designated beneficiary and the remainder of such portion shall be distributed within 5 years after the death of such beneficiary.''. (b) Definition of Eligible Designated Beneficiary.--Section 401(a)(9)(E) of the Internal Revenue Code of 1986 is amended to read as follows: ``(E) Definitions and rules relating to designated beneficiary.--For purposes of this paragraph-- ``(i) Designated beneficiary.--The term `designated beneficiary' means any individual designated as a beneficiary by the employee. ``(ii) Eligible designated beneficiary.-- The term `eligible designated beneficiary' means, with respect to any employee, any designated beneficiary who, as of the date of death of the employee, is-- ``(I) the surviving spouse of the employee, ``(II) subject to clause (iii), a child of the employee who has not reached majority (within the meaning of subparagraph (F)), ``(III) disabled (within the meaning of section 72(m)(7)), ``(IV) a chronically ill individual (within the meaning of section 7702B(c)(2), except that the requirements of subparagraph (A)(i) thereof shall only be treated as met if there is a certification that, as of such date, the period of inability described in such subparagraph with respect to the individual is an indefinite one that is reasonably expected to be lengthy in nature), or ``(V) an individual not described in any of the preceding subparagraphs who is not more than 10 years younger than the employee. ``(iii) Special rule for children.--Subject to subparagraph (F), an individual described in clause (ii)(II) shall cease to be an eligible designated beneficiary as of the date the individual reaches majority and the requirement of subparagraph (B)(i) shall not be treated as met with respect to any remaining portion of an employee's interest payable to the individual unless such portion is distributed within 5 years after such date.''. (c) Required Beginning Date.--Section 401(a)(9)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(v) Employees becoming 5-percent owners after age 70\1/2\.--If an employee becomes a 5- percent owner (as defined in section 416) with respect to a plan year ending in a calendar year after the calendar year in which the employee attains age 70\1/2\, then clause (i)(II) shall be applied by substituting the calendar year in which the employee became such an owner for the calendar year in which the employee retires.''. (d) Effective Dates.-- (1) In general.--Except as provided in this subsection, the amendments made by this section shall apply to distributions with respect to employees who die after December 31, 2013. (2) Required beginning date.-- (A) In general.--The amendment made by subsection (c) shall apply to employees becoming a 5-percent owner with respect to plan years ending in calendar years beginning before, on, or after the date of the enactment of this Act. (B) Special rule.--If-- (i) an employee became a 5-percent owner with respect to a plan year ending in a calendar year which began before January 1, 2013, and (ii) the employee has not retired before calendar year 2014, such employee shall be treated as having become a 5- percent owner with respect to a plan year ending in 2013 for purposes of applying section 401(a)(9)(C)(v) of the Internal Revenue Code of 1986 (as added by the amendment made by subsection (c)). (3) Exception for certain beneficiaries.--If a designated beneficiary of an employee who dies before January 1, 2014, dies after December 31, 2013-- (A) the amendments made by this section shall apply to any beneficiary of such designated beneficiary, and (B) the designated beneficiary shall be treated as an eligible designated beneficiary for purposes of applying section 401(a)(9)(B)(iv) of such Code (as in effect after the amendments made by this section). (4) Exception for certain existing annuity contracts.-- (A) In general.--The amendments made by this section shall not apply to a qualified annuity which is a binding annuity contract in effect on the date of the enactment of this Act and at all times thereafter. (B) Qualified annuity contract.--For purposes of this paragraph, the term ``qualified annuity'' means, with respect to an employee, an annuity-- (i) which is a commercial annuity (as defined in section 3405(e)(6) of such Code) or payable by a defined benefit plan, (ii) under which the annuity payments are substantially equal periodic payments (not less frequently than annually) over the lives of such employee and a designated beneficiary (or over a period not extending beyond the life expectancy of such employee or the life expectancy of such employee and a designated beneficiary) in accordance with the regulations described in section 401(a)(9)(A)(ii) of such Code (as in effect before such amendments) and which meets the other requirements of this section 401(a)(9) of such Code (as so in effect) with respect to such payments, and (iii) with respect to which-- (I) annuity payments to the employee have begun before January 1, 2014, and the employee has made an irrevocable election before such date as to the method and amount of the annuity payments to the employee or any designated beneficiaries, or (II) if subclause (I) does not apply, the employee has made an irrevocable election before the date of the enactment of this Act as to the method and amount of the annuity payments to the employee or any designated beneficiaries.

Keep Student Loans Affordable Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to extend the 3.4% interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2013, to Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2014. Amends the Internal Revenue Code to modify rules for required distributions from tax-exempt pension plans to an employee who dies before such employee's entire interest is distributed to require such interest to be distributed within five years after the death of such employee, subject to exceptions for an eligible designated beneficiary and surviving spouse of such employee. Defines "eligible designated beneficiary" to include a disabled or chronically-ill individual. Exempts from such modification a binding annuity contract in effect on the enactment date of this Act.

[ 2, 0, 28407, 9067, 26935, 11480, 1783, 9, 1437, 36440, 28784, 36, 12380, 43, 111, 1918, 8845, 5, 18387, 5833, 8302, 36, 5216, 347, 43, 7, 1157, 13, 10, 195, 12, 13566, 629, 15, 5, 1425, 9, 41, 3200, 54, 16, 10435, 137, 5, 1248, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Desegregation Litigation Reform Act of 1996''. SEC. 2. APPROPRIATE REMEDIES IN SCHOOL CASES. (a) In General.--Section 213 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1712) is amended to read as follows: ``Sec. 213. Appropriate remedies in school cases ``(a) Requirements for Relief.-- ``(1) Prospective relief.--(A) A Federal court shall not have jurisdiction to award prospective relief in any civil action with respect to the operation of public schools that extends further than necessary to remedy the violation of a Federal right of a plaintiff. ``(B) A Federal court shall not have jurisdiction to grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to remedy the violation of the Federal right, and is the least intrusive means necessary to remedy the violation of the Federal right. ``(C) A Federal court shall not have jurisdiction to order any prospective relief that requires or permits a government official to exceed authority under State or local law or otherwise violates State or local law, unless-- ``(i) Federal law requires such relief to be ordered in violation of State or local law; ``(ii) the relief is necessary to remedy a violation of a Federal right; and ``(iii) no other relief will remedy the violation of a Federal right. ``(D) Nothing in this section shall be construed to authorize a Federal court, in exercising its remedial powers, to order the assignment of students to particular schools on the basis of race, color, or national origin, to order the raising of taxes, or to repeal, or make less restrictive from otherwise applicable limitations, the remedial powers of the courts. ``(2) Student assignment orders.--(A) In any civil action with respect to the operation of public schools, a Federal court shall not have jurisdiction to enter a student assignment order unless-- ``(i) a Federal court has previously entered an order for less intrusive relief that has failed to remedy the violation of the Federal right sought to be remedied through the student assignment order; and ``(ii) the defendant has had a reasonable time to comply with the previous court order. ``(B)(i) In any civil action with respect to the operation of the public schools, a student assignment order shall be entered only by a three-judge court in accordance with section 2284 of title 28, United States Code. ``(C) A party seeking a student assignment order in a Federal court shall file with any request for such relief, a request for a three-judge court and materials sufficient to demonstrate that the requirements of subparagraph (a) have been met. ``(D) The three-judge court shall enter a student assignment order only if the court finds by clear and convincing evidence that-- ``(i) the requirements of subparagraph (a) have been met; and ``(ii) no other relief will remedy the violation of the Federal right. ``(b) Termination of Relief.-- ``(1) Termination of prospective relief.--(A) Subject to the limitation set forth in paragraph (3), in any civil action with respect to the operation of the public schools in which prospective relief is ordered, such relief shall be terminated upon the motion of any party or intervenor-- ``(i) 2 years after the date the court granted or approved the prospective relief; or ``(ii) 1 year after the date the court has entered an order denying termination of prospective relief under this paragraph. ``(B) Nothing in this section shall prevent the parties from agreeing to terminate or modify relief before the relief is terminable under subparagraph (A). ``(2) Immediate termination of prospective relief.--In any civil action with respect to the operation of the public schools, a defendant or intervenor shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of a finding by the court that the relief is narrowly drawn, extends no further than necessary to remedy the violation of the Federal right, and is the least intrusive means necessary to remedy the violation of the Federal right. ``(3) Limitation.--(A) Prospective relief shall not terminate if the court previously entered the prospective relief after finding it necessary to remedy a violation of a Federal right and the plaintiff establishes by a preponderance of the evidence that prospective relief remains necessary to remedy a current and ongoing violation of that Federal right. The court shall not permit discovery. ``(B) Nothing in this section shall prevent any plaintiff from bringing a new civil action with respect to the operation of the public schools against a party to a pending civil action with respect to the operation of the public schools for a new violation of a Federal right, or obtaining prospective relief consistent with the provisions of this section for such a new violation. If a new action is brought in Federal court, it shall not be heard by any judge who has previously entered an order for prospective relief in a civil action that has been in effect for longer than 2 years with respect to the operation of the public schools. ``(4) Termination or modification of relief.--Nothing in this section shall prevent any party or intervenor from seeking modification or termination before the relief is terminable under paragraph (1) or (2), to the extent that modification or termination would otherwise be legally permissible. ``(c) Settlements.-- ``(1) Consent decrees.--In any civil action with respect to the operation of public schools, a Federal court shall not have jurisdiction to enter or approve a consent decree unless it complies with the limitations on relief set forth in subsection (a). ``(2) Private settlement agreements.--Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with the limitations on relief set forth in subsection (a). ``(d) Procedure for Motions Affecting Prospective Relief.--The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to the operation of the public schools. ``(e) Special Masters.--In any civil action with respect to the operation of public schools-- ``(1) In general.--(A) The court may appoint a special master who shall be disinterested and objective to conduct hearings on the record and prepare proposed findings of fact. ``(B) The court shall appoint a special master during the remedial phase of the action only upon a finding that the remedial phase will be sufficiently complex to warrant the appointment. ``(2) Appointment.--(A) If the court determines that the appointment of a special master is necessary, the court shall request that the defendant and the plaintiff each submit a list of not more than 5 persons to serve as a special master. ``(B) Each party shall have the opportunity to remove up to 3 persons from the opposing party's list. ``(C) The court shall select the master from the persons remaining on the list after the application of subparagraph (B). ``(D) If the court determines that the persons remaining on the list are not qualified to serve as special master, the court may appoint a person not on the list with the consent of all parties. ``(3) Interlocutory appeal.--Any party shall have the right to an interlocutory appeal of the judge's selection of the special master, on the ground of partiality. ``(4) Compensation.--The compensation to be allowed to a special master shall be based on an hourly rate not greater than the hourly rate established under section 3006A of title 18 for payment of court-appointed counsel, plus costs reasonably incurred by the special master. Such compensation and costs shall be paid with funds appropriated to the judiciary. In no event shall the court require the parties to pay the compensation or costs of the special master. ``(5) Regular review of appointment.--The court shall review the appointment of the special master every 6 months to determine whether the services of the special master continue to be required under paragraph (1). In no event shall the appointment of a special master extend beyond the termination of the relief. ``(6) Limitations on powers and duties.--A special master appointed in any civil action with respect to the operation of public schools-- ``(A) may be authorized by a court to conduct hearings on the record and shall make any findings of fact based on the record as a whole; ``(B) shall not make any findings or communications ex parte; and ``(C) may be removed at any time, but shall be relieved of the appointment upon the termination of relief. ``(7) The requirements of paragraphs (1) through (4) shall apply only to special masters appointed after the date of enactment of School Desegregation Litigation Reform Act of 1996. ``(f) Intervention.--In any civil action with respect to the operation of public schools, any State or local official or unit of government whose jurisdiction includes the appropriation of funds for, or the operation of, public schools shall have standing to oppose the imposition or continuation in effect of prospective relief and to seek termination of such relief, and shall have the right to intervene in any proceeding relating to such relief. ``(g) Definitions.--As used in this section-- ``(1) the term `consent decree' means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties, but does not include private settlement agreements; ``(2) the term `civil action with respect to the operation of public schools' means any civil proceeding arising under Federal law with respect to the operation of any public school system by any State or local government that alleges that the public school system has been or is being operated in violation of the 5th or 14th amendment rights or any other provision of Federal law that guarantees equal educational opportunity; ``(3) the term `student assignment order' includes any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of directing or regulating the particular public school to which students are assigned to attend; ``(4) the term `private settlement agreement' means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil proceeding that was concluded as a result of the agreement entering into force; ``(5) the term `prospective relief' means all relief other than compensatory monetary damages, including the appointment of a special master; ``(6) the term `special master' means any person appointed by a Federal court pursuant to rule 53 of the Federal Rules of Civil Procedure or pursuant to any power of the court to exercise the powers of a master, regardless of the title or description given by the court; ``(7) the term `relief' means all relief in any form that may be ordered or approved by the court, and includes consent decrees but does not include private settlement agreements; and ``(8) the term `violation of a Federal right' includes a violation of a Federal constitutional or Federal statutory right, but does not include a violation of a court order that is not independently a violation of a Federal constitutional or Federal statutory right.''. (b) Application of Amendment.--Section 213 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1712), as amended by this section, shall apply with respect to all prospective relief whether such relief was originally ordered or approved before, on, or after the date of the enactment of this Act. SEC. 3. DENIAL OF EQUAL EDUCATIONAL OPPORTUNITY PROHIBITED. Section 204 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1703) is amended to read as follows: ``Sec. 204. Denial of equal educational opportunity prohibited ``No State shall deny equal educational opportunity to an individual on account of race, color, or national origin, by-- ``(1) the intentional segregation by an educational agency of students on the basis of race, color, or national origin among or within schools; ``(2) the assignment or transfer by the State, the courts of any State, any educational agency or official thereof, or any Federal agency or official thereof of a student to a school, other than the one closest to the place of residence within the school district in which the student resides, if the assignment was made on the basis of race, color, or national origin, of students among schools in the school district, including assignments made for the purpose of attaining a balance on the basis of race, color, or national origin, unless-- ``(A) such assignment is necessary to remedy the violation of a Federal right (as defined in section 213(g)(8)); and ``(B) there are no other means for remedying the violation of the Federal right; or ``(3) the modification of the lines drawn by the State, subdividing its territory into separate school districts, if the modification was made for the purpose of attaining a balance, on the basis of race, color, or national origin, of students among public schools, unless-- ``(A) such assignment is necessary to remedy the violation of a Federal right (as defined in section 213(g)(8)); and ``(B) there are no other means for remedying the violation of the Federal right.''. SEC. 4. CONFORMING AMENDMENTS. (a) Policy.--Section 202 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1701) is amended-- (1) in subsection (a), by striking ``(a) The'' and inserting ``The''; and (2) by striking subsection (b). (b) Findings.--Section 203(b) of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1702) is amended in subsection (b) by striking ``elimination of the vestiges of dual school systems, except that the provisions of this title are not intended to modify or diminish the authority of the courts of the United States to enforce fully the fifth and fourteenth amendments to the Constitution of the United States.'', and inserting ``denial of equal educational opportunity, limit the jurisdiction of the Federal courts over the operations of public schools, and prohibit the use of race, color, or national origin as a basis for making school assignments.''. (c) Civil Actions.--Section 207 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1706) is amended by-- (1) inserting ``or a school district in which such an individual resides on behalf of such an individual, or any State or local official or unit of government whose jurisdiction includes the appropriation of funds for, or the operation of, a school district in which such an individual resides on behalf of such an individual,'' after ``this part'' in the first sentence; and (2) striking ``institute a civil action'', and inserting ``institute or intervene in a civil action''. (d) Sections 214, 215, 216, 217, and 219 of the Equal Educational Opportunities Act of 1974 are repealed.

School Desegregation Litigation Reform Act of 1996 - Amends the Equal Educational Opportunities Act of 1974 with respect to remedies in school cases. Sets forth requirements for relief in such cases. Revises prohibitions against State denial of equal educational opportunity. Allows school districts and State and local governments to institute civil actions on behalf of individuals denied equal educational opportunity. Authorizes the Attorney General to intervene in (as well as institute) such civil actions.

[ 2, 0, 26751, 4762, 3733, 32896, 17124, 18541, 1783, 9, 8008, 111, 1918, 8845, 5, 25235, 24720, 22245, 2192, 1783, 9, 15524, 7, 1157, 10, 1853, 461, 7, 4470, 12429, 3500, 11, 143, 2366, 814, 19, 2098, 7, 5, 2513, 9, 285, 1304, 4, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States-Mexico border is an interdependent and dynamic region of more than 15,000,000 people with significant and unique public health challenges. (2) These challenges include low rates of health insurance coverage, poor access to health care services, high unemployment rates, low educational attainment, and high rates of dangerous diseases, such as tuberculosis, diabetes, obesity, and other non-communicable diseases. (3) As the 2009 novel influenza A (H1N1) pandemic illustrated, diseases do not respect international boundaries, and a strong public health effort at and along the borders is crucial to not only protect and improve the health of Americans but also to help secure the country against threats to biosecurity and other emerging threats. (4) For 11 years, the United States-Mexico Border Health Commission has served as a crucial binational institution to address these unique and truly cross-border health issues. (5) More than 75 percent of Canadians live within 100 miles of the United States border. The 2003 epidemic of severe acute respiratory syndrome caused more than 250 illnesses in the Greater Toronto Area, just 80 miles from New York. SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS. The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended-- (1) in section 3-- (A) in paragraph (1), by striking ``; and'' and inserting ``;''; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(3) to cooperate with the Canada-United States Pan-Border Public Health Preparedness Council (referred to in this Act as the `Council'), as appropriate; and ``(4) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues.''; (2) in section 5-- (A) in subsection (b), by striking ``should be the leader'' and inserting ``shall be the Chair''; and (B) by adding at the end the following: ``(d) Providing Advice and Recommendations.--Members of the Commission and the Council may at any time provide advice or recommendations to the Secretary, Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Such advice or recommendations may be provided regardless of whether a request for such is made and regardless of whether the member or individual is authorized to provide such advice or recommendations by the Commission or Council or any other Federal official.''; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: ``SEC. 7. BORDER HEALTH GRANTS. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, public institution of higher education, local government, Indian tribe, tribal organization, urban Indian organization, nonprofit health organization, trauma center, critical access hospital or other hospital that serves rural or other vulnerable communities and populations, faith-based entity, or community health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b), that is located in the United States- Mexico border area or the United States-Canada border area. ``(b) Authorization.--From amounts appropriated under section 11, the Secretary, in consultation with members of the Commission and Council and in coordination with the Office of Global Affairs, shall award grants to eligible entities to address priorities and recommendations outlined by the strategic plan and operational work plan of the Commission and the Council, as authorized under section 9, to improve the health of United States-Mexico border area and United States-Canada border area residents. ``(c) Application.--An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds for any of the following: ``(1) Programs relating to any one or more of the following: ``(A) Maternal and child health. ``(B) Primary care and preventative health. ``(C) Infectious disease testing, monitoring, and surveillance. ``(D) Public health and public health infrastructure. ``(E) Health promotion. ``(F) Oral health. ``(G) Behavioral and mental health. ``(H) Substance abuse prevention and harm reduction. ``(I) Health conditions that have a high prevalence in the United States-Mexico border area or United States-Canada border area. ``(J) Medical and health services research. ``(K) Workforce training and development. ``(L) Community health workers and promotoras. ``(M) Health care infrastructure problems in the United States-Mexico border area or United States- Canada border area (including planning and construction grants). ``(N) Health disparities in the United States- Mexico border area or United States-Canada border area. ``(O) Environmental health. ``(P) Health education. ``(Q) Outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.)). ``(R) Trauma care. ``(S) Health research with an emphasis on infectious disease and pressing issues related to noncommunicable diseases. ``(T) Epidemiology and health research. ``(U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. ``(V) Obesity, particularly childhood obesity. ``(W) Crisis communication, domestic violence, health literacy, or cancer. ``(X) Community-based participatory research on border health issues. ``(Y) Violence prevention. ``(Z) Cross-border public health preparedness. ``(2) Other programs determined appropriate by the Secretary. ``(e) Supplement, Not Supplant.--Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). ``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE (EWIDS) IN THE BORDER AREA. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, local government, Indian tribe, tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity. ``(b) Authorization.--From funds appropriated under section 11, the Secretary shall award grants for Early Warning Infectious Disease Surveillance (EWIDS) to eligible entities for infectious disease surveillance activities in the United States-Mexico border area or United States-Canada border area. ``(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds, in coordination with State and local all hazards programs, to-- ``(1) develop and implement infectious disease surveillance plans and networks and public health emergency and readiness assessments and preparedness plans, and purchase items necessary for such plans; ``(2) coordinate infectious disease surveillance planning and interjurisdictional risk assessments in the region with appropriate United States-based agencies and organizations and appropriate authorities in Mexico or Canada; ``(3) improve infrastructure, including surge capacity, syndromic surveillance, and isolation/decontamination capacity, and policy preparedness, including for mutual assistance and for the sharing of information and resources; ``(4) improve laboratory capacity, in order to maintain and enhance capability and capacity to detect potential infectious disease, whether naturally occurring or the result of terrorism; ``(5) create and maintain a health alert network, including risk communication and information dissemination that is culturally competent and takes into account the needs of at- risk populations, including individuals with disabilities; ``(6) educate and train clinicians, epidemiologists, laboratories, and emergency management personnel; ``(7) implement electronic data and infrastructure inventory systems to coordinate the triage, transportation, and treatment of multicasualty incident victims; ``(8) provide infectious disease testing in the United States-Mexico border area or United States-Canada border area; and ``(9) carry out such other activities identified by the Secretary, members of the Commission, members of the Council, State or local public health authorities, representatives of border health offices, or authorities at the United States- Mexico or United States-Canada borders. ``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS. ``(a) Strategic Plan.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, and every 5 years thereafter, the Commission (including the participation of members representing both the United States and Mexican sections) and the Council (including the participation of members representing both the United States and Canada) shall each prepare a binational strategic plan to guide the operations of the Commission and the Council and submit such plan to the Secretary and Congress. ``(2) Requirements.--The binational strategic plan under paragraph (1) shall include-- ``(A) health-related priority areas determined most important by the full membership of the Commission or Council, as applicable; ``(B) recommendations for goals, objectives, strategies, and actions designed to address such priority areas; and ``(C) a proposed evaluation framework with output and outcome indicators appropriate to gauge progress toward meeting the objectives and priorities of the Commission or Council, as applicable. ``(b) Work Plan.--Not later than January 1, 2017, and every 2 years thereafter, the Commission and the Council shall develop and approve an operational work plan and budget based on the strategic plan under subsection (a). ``(c) GAO Review.--Not later than January 1, 2018, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). The evaluation shall include a request for written evaluations from members of the Commission and the Council about barriers and facilitators to executing successfully the work plans of the Commission and the Council. ``(d) Biannual Reporting.--The Commission and Council shall each issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Not later than 3 months following receipt of each such biannual report, the Secretary shall provide to Congress the report and any studies or other materials produced independently by the Commission and Council. ``(e) Audits.--The Secretary shall annually prepare an audited financial report to account for all appropriated assets expended by the Commission and Council to address both the strategic and operational work plans for the year involved. ``(f) By-Laws.--Not later than 6 months after the date of enactment of this section, the Commission and Council shall develop and approve bylaws to provide fully for compliance with the requirements of this section. ``(g) Transmittal to Congress.--The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. The Comptroller General of the United States shall submit a copy of each evaluation completed under subsection (c) to Congress. ``SEC. 10. COORDINATION. ``(a) In General.--To the extent practicable and appropriate, plans, systems, and activities to be funded (or supported) under this Act for all hazard preparedness, and general border health, shall be coordinated with Federal, State, and local authorities in Mexico, Canada, and the United States. ``(b) Coordination of Health Services and Surveillance.--The Secretary, acting through the Assistant Secretary for Preparedness and Response, when appropriate, may coordinate with the Secretary of Homeland Security in establishing a health alert system that-- ``(1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the United States-Mexico border area and United States-Canada border area; and ``(2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along the United States-Mexico border area and United States-Canada border area. ``SEC. 11. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $7,000,000 for fiscal year 2017 and each succeeding year, subject to the availability of appropriations for such purpose, of which $4,650,000 shall be made available to fund operationally feasible functions, activities, and grants with respect to the United States- Mexico border and the border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas, and $2,350,000 shall be allocated for the administration of United States activities under this Act on the United States-Canada border and the border health authorities, acting through the Canada-United States Pan-Border Public Health Preparedness Council.''; and (5) in section 12 (as so redesignated)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (6), respectively; (B) by inserting after paragraph (2), the following: ``(3) Indians; indian tribe; tribal organization; urban indian organization.--The terms `Indian', `Indian tribe', `tribal organization', and `urban Indian organization' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).''; and (C) by inserting after paragraph (4), as so redesignated, the following: ``(5) United states-canada border area.--The term `United States-Canada border area' means the area located in the United States and Canada within 100 kilometers of the border between the United States and Canada.''.

Border Health Security Act of 2015 This bill amends the United States-Mexico Border Health Commission Act to require the commission to cooperate with the Canada-United States Pan-Border Public Health Preparedness Council and to recommend and implement initiatives that solve border health issues. Members of the commission may provide advice or recommendations to the Department of Health and Human Services (HHS) or Congress without authorization or a request. HHS must award grants: (1) to address the priorities and recommendations of the commission and council to improve the health of border area residents, and (2) for infectious disease surveillance activities in border areas. Every five years, the commission and the council must each prepare a binational strategic plan that includes priority areas, recommendations to address these priority areas, and an evaluation framework to gauge progress. The Office of the Assistant Secretary for Preparedness and Response may coordinate with the Department of Homeland Security in establishing a system that alerts clinicians and public health officials to emerging health threats in border areas.

[ 2, 0, 49134, 5, 1863, 9, 1309, 8, 3861, 1820, 36, 725, 6391, 43, 7, 35, 36, 134, 43, 2179, 8, 7244, 10, 563, 13, 5, 7147, 9, 10, 474, 5439, 467, 4, 36, 176, 43, 694, 19166, 2199, 3044, 11, 5, 315, 532, 12, 15780, 1424, 443...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Alternatives for Energy Independence Act of 2005''. SEC. 2. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF 2005 FOR OIL AND GAS. (a) Repeal.--The following provisions, and amendments made by such provisions, of the Energy Policy Act of 2005 are hereby repealed: (1) Section 1323 (relating to temporary expensing for equipment used in refining of liquid fuels). (2) Section 1324 (relating to pass through to owners of deduction for capital costs incurred by small refiner cooperatives in complying with Environmental Protection Agency sulfur regulations). (3) Section 1325 (relating to natural gas distribution lines treated as 15-year property). (4) Section 1326 (relating to natural gas gathering lines treated as 7-year property). (5) Section 1328 (relating to determination of small refiner exception to oil depletion deduction). (6) Section 1329 (relating to amortization of geological and geophysical expenditures). (b) Administration of Internal Revenue Code of 1986.--The Internal Revenue Code of 1986 shall be applied and administered as if the provisions, and amendments, specified in subsection (a) had never been enacted. SEC. 3. INCREASE IN FUEL CELL TAX INCENTIVES FOR RESIDENTIAL AND BUSINESS USES. (a) Residential Use.--Subparagraph (C) of section 25D(b)(1) of the Internal Revenue Code of 1986 (relating to maximum credit) is amended by striking ``$500'' and inserting ``$1,000''. (b) Business Use.-- (1) Increase.--Subparagraph (B) of section (48)(c)(1) of such Code (relating to qualified fuel cell property) is amended by striking ``$500'' and inserting ``$1,000''. (2) Extension.--Subparagraph (E) of section (48)(c)(1) of such Code (relating to termination) is amended by striking ``December 31, 2007'' and inserting ``December 31, 2012''. SEC. 4. ALTERNATIVE MOTOR VEHICLE TAX INCENTIVES. (a) Increases in Credit.-- (1) New qualified fuel cell motor vehicle.--Subsection (b) of section 30B of such Code (relating to new qualified fuel cell motor vehicle credit) is amended-- (A) in paragraph (1)-- (i) by striking ``$8,000'' in subparagraph (A) and inserting ``$16,000'', (ii) by striking ``$10,000'' in subparagraph (B) and inserting ``$20,000'', (iii) by striking ``$20,000'' in subparagraph (C) and inserting ``$40,000'', and (iv) by striking ``$40,000'' in subparagraph (D) and inserting ``$80,000'', and (B) in paragraph (2)(A)-- (i) by striking ``$1,000'' in clause (i) and inserting ``$2,000'', (ii) by striking ``$1,500'' in clause (ii) and inserting ``$3,000'', (iii) by striking ``$2,000'' in clause (iii) and inserting ``$4,000'', (iv) by striking ``$2,500'' in clause (iv) and inserting ``$5,000'', (v) by striking ``$3,000'' in clause (v) and inserting ``$6,000'', (vi) by striking ``$3,500'' in clause (vi) and inserting ``$7,000'', and (vii) by striking ``$4,000'' in clause (vii) and inserting ``$8,000''. (2) New advanced lean burn technology motor vehicle.-- (A) Fuel economy.--The table in clause (i) of section 30B(c)(2)(A) of such Code (relating to fuel economy) is amended-- (i) by striking ``$400'' and inserting ``$800'', (ii) by striking ``$800'' and inserting ``$1,600'', (iii) by striking ``$1,200'' and inserting ``$2,400'', (iv) by striking ``$1,600'' and inserting ``$3,200'', (v) by striking ``$2,000'' and inserting ``$4,000'', and (vi) by striking ``$2,400'' and inserting ``$4,800''. (B) Conservation.--The table in subparagraph (B) of section 30B(c)(2) of such Code (relating to conservation credit) is amended-- (i) by striking ``$250'' and inserting ``$500'', (ii) by striking ``$500'' and inserting ``$1,000'', (iii) by striking ``$750'' and inserting ``$1,500'', and (iv) by striking ``$1,000'' and inserting ``$2,000''. (b) Expansion of Number of New Qualified Hybrid and Advanced Lean Burn Technology Vehicles Eligible for Credit.--Paragraph (2) of section 30B(f) of such Code (relating to phaseout) is amended by striking ``60,000'' and inserting ``120,000''. (c) Increase in Credit for Alternative Fuel Vehicle Refueling Property.--Subsection (b) of section 30C of such Code (relating to limitation) is amended-- (1) in paragraph (1) by striking ``$30,000'' and inserting ``$60,000'', and (2) in paragraph (2) by striking ``$1,000'' and inserting ``$2,000''. (d) Extensions of Incentives.-- (1) New qualified fuel cell motor vehicle.--Paragraph (1) of section 30B(j) of such Code (relating to termination) is amended by striking ``December 31, 2014'' and inserting ``December 31, 2019''. (2) Alternative fuel vehicle refueling property.-- (A) Hydrogen-related property.--Paragraph (1) of section 30C(g) of such Code (relating to termination) is amended by striking ``December 31, 2014'' and inserting ``December 31, 2019''. (B) Other fuels-related property.--Paragraph (2) of section 30C(g) of such Code (relating to termination) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the Energy Policy Act of 2005 to which they relate.

Clean Alternatives for Energy Independence Act of 2005 - Repeals certain tax benefits relating to oil and natural gas enacted by the Energy Policy Act of 2005. Amends the Internal Revenue Code to increase: (1) the tax credit for investment in residential and business fuel cell property; (2) the tax credit for investment in fuel cell motor and advanced lean burn technology motor vehicles; (3) the number of hybrid and advanced lean burn technology vehicles eligible for the alternative motor vehicle tax credit; and (4) the tax credit for investment in commercial and residential alternative fuel vehicle refueling property. Extends through 2012 the tax credit for business fuel cell property. Extends through 2019 the tax credits for: (1) investment in qualified fuel cell motor vehicles; (2) investment in alternative fuel vehicle refueling hydrogen-related property (through 2011 for other fuel-related property).

[ 2, 0, 40827, 33958, 11649, 13, 2169, 1437, 36440, 30529, 15248, 41575, 1783, 9, 4013, 111, 1918, 8845, 5, 18387, 5833, 8302, 9, 11265, 7, 712, 5, 4532, 2423, 629, 1361, 13, 6048, 2423, 3551, 1734, 4, 46729, 5, 712, 11, 2423, 629, ...

.--(1) For purposes of subsection (a)(2) and this subsection, the term `joint resolution' means only a joint resolution introduced by a qualifying Member specified in paragraph (2) after the date on which the report of the President under subsection (a)(1) is received by the Congress-- ``(A) the matter after the resolving clause of which is as follows: `That the Congress hereby concurs in the certification of the President relating to deployment of a National Missile Defense system as submitted to Congress pursuant to section 4(b) of the National Missile Defense Act of 1999.'; ``(B) which does not have a preamble; and ``(C) the title of which is as follows: `Joint resolution relating to deployment of a National Missile Defense system.'. ``(2) For purposes of this subsection, a qualifying Member described in this paragraph is-- ``(A) in the case of the House of Representatives, the majority leader or minority leader of the House of Representatives or a Member of the House of Representatives designated by the majority leader or minority leader; and ``(B) in the case of the Senate, the majority leader or minority leader of the Senate or a Member of the Senate designated by the majority leader or minority leader. ``(3) The provisions of paragraphs (3) through (8) of section 4(c) of the National Missile Defense Deployment Criteria Act of 2001 shall apply to a joint resolution under this subsection in the same manner as to a joint resolution under such section.''. SEC. 4. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT FOR NATIONAL MISSILE DEFENSE SYSTEM. (a) Limitation.--No funds appropriated to the Department of Defense for procurement may be obligated for the National Missile Defense system unless-- (1) the President submits to Congress a report concerning testing of the National Missile Defense system against countermeasures that includes a certification described in subsection (b); and (2) a joint resolution concurring in the President's certification in such report is enacted as provided for in this section. (b) Presidential Certification.--A certification described in this subsection is a certification by the President that-- (1) an adequate testing program for the National Missile Defense system is in place to meet the threats identified in the report required under section 3(c); (2) adequate ground and flight testing of the system has been conducted against the countermeasures that are likely to be used against the system and that other countries have or likely could acquire. (c) Expedited Procedures for Joint Resolution.--(1) For purposes of subsection (a)(2) and this subsection, the term ``joint resolution'' means only a joint resolution introduced by a qualifying Member specified in paragraph (2) after the date on which the report of the President under subsection (a)(1) is received by the Congress-- (A) the matter after the resolving clause of which is as follows: ``That the Congress hereby concurs in the determination of the President relating to the establishment of a program for operationally realistic testing against countermeasures for a National Missile Defense system as submitted to Congress pursuant to section 4 of the National Missile Defense Deployment Criteria Act of 2001.''; (B) which does not have a preamble; and (C) the title of which is as follows: ``Joint resolution relating to establishment of a program for operationally realistic testing against countermeasures for a National Missile Defense system.''. (2) For purposes of this subsection, a qualifying Member described in this paragraph is-- (A) in the case of the House of Representatives, the majority leader or minority leader of the House of Representatives or a Member of the House of Representatives designated by the majority leader or minority leader; and (B) in the case of the Senate, the majority leader or minority leader of the Senate or a Member of the Senate designated by the majority leader or minority leader. (3) If a committee to which is referred a joint resolution described in paragraph (1) has not reported such joint resolution by the end of 60 legislative days of continuous session of Congress beginning on the date of its introduction, such committee shall be discharged from further consideration of such joint resolution and such joint resolution shall be placed on the appropriate calendar of the House involved. (4)(A) A joint resolution described in paragraph (1) shall be considered in the House of Representatives in accordance with this paragraph. When the committee to which such a joint resolution was referred has reported, or has been discharged from further consideration of, the joint resolution, it shall be in order, on or after the third calendar day thereafter (excluding Saturdays, Sundays, or legal holidays, except when the House of Representatives is in session on such a day) for any Member of the House to move to proceed to the consideration of the joint resolution, but only on the day after the calendar day on which the Member announces to the House the Member's intention to do so. Such motion is privileged and is not debatable. The motion is not subject to amendment or to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the House shall immediately proceed to consideration of the joint resolution, which shall remain the unfinished business of the House until disposed of. (B) Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than two hours, which shall be divided equally between those favoring and those opposing the joint resolution. An amendment to the joint resolution is not in order. A motion further to limit debate is in order and is not debatable. A motion to table, a motion to postpone, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. (C) Appeals from the decisions of the Chair with respect to the procedure relating to a joint resolution described in paragraph (1) shall be decided without debate. (5) A joint resolution described in paragraph (1) shall be considered in the Senate in accordance with the provisions of section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976. (6) If, before the passage by one House of a joint resolution of that House described in paragraph (1), that House receives from the other House a joint resolution described in paragraph (1), then the following procedures shall apply: (A) The joint resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a joint resolution described in paragraph (1) of the House receiving the joint resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (ii) the vote on final passage shall be on the joint resolution of the other House. (C) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. (7) In the computation of the period of 60 days referred to in paragraph (3)-- (A) a legislative day, with respect to a committee of either House to which a joint resolution was referred, is a calendar day on which that House is in session; and (B) continuity of session of Congress is broken only by an adjournment sine die at the end of the second session of a Congress. (8) The provisions of this subsection are enacted by the Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and, as such, shall be considered as part of the rules of either House and shall supersede other rules only to the extent they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change the rules so far as they relate to the procedures of that House at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. OPERATIONALLY REALISTIC TESTING AGAINST COUNTERMEASURES FOR NATIONAL MISSILE DEFENSE. (a) Testing Requirements.--The Secretary of Defense shall direct the Ballistic Missile Defense Organization-- (1) to include in the ground and flight testing of the National Missile Defense system that is conducted before the system becomes operational any countermeasures (including decoys) that-- (A) are likely, or at least realistically possible, to be used against the system; and (B) are chosen for testing on the basis of what countermeasure capabilities a long-range missile could have and is likely to have, taking into consideration the technology that the country deploying the missile would have or could likely acquire; and (2) to determine the extent to which the exoatmospheric kill vehicle and the National Missile Defense system can reliably discriminate between warheads and such countermeasures. (b) Funding Requirements.--The Secretary, in consultation with the Director of the Ballistic Missile Defense Organization, shall-- (1) determine the amount of additional funding, if any, for the National Missile Defense system (in addition to that previously programmed) that may be necessary for the Secretary to fulfill the requirements set forth in subsection (a) in fiscal years after fiscal year 2002; and (2) submit that determination to the congressional defense committees at the same time that the President submits the budget for fiscal year 2003 to Congress under section 1105(a) of title 31, United States Code. (c) Report by Secretary of Defense.--(1) The Secretary of Defense shall submit to Congress, not later than April 15 each year, an annual report on the Department's efforts to establish a program for operationally realistic testing of the National Missile Defense system against countermeasures. The report shall be submitted in both classified and unclassified form. (2) Each such report shall include the Secretary's assessment of the following: (A) The countermeasures available to foreign countries with ballistic missiles that the National Missile Defense system could encounter in a launch of such missiles against the United States. (B) The ability of the National Missile Defense system to defeat such countermeasures, including the ability of the system to discriminate between countermeasures and reentry vehicles. (C) The plans to demonstrate the capability of the National Missile Defense system to defeat such countermeasures and the adequacy of the ground and flight testing to demonstrate that capability. (3) No annual report is required under this subsection after the National Missile Defense system becomes operational. (d) Independent Review Panel.--(1) The Secretary of Defense shall seek to arrange for the National Academy of Science to establish an independent panel to be composed of scientific and technical experts. (2) The Panel shall assess the following: (A) The countermeasures available for use against the United States National Missile Defense system. (B) The operational effectiveness of that system against those countermeasures. (C) The adequacy of the National Missile Defense flight testing program to demonstrate the capability of the system to defeat the countermeasures. (3) After conducting the assessment required under paragraph (2), the Panel shall evaluate-- (A) whether sufficient ground and flight testing of the system will have been conducted before the system becomes operational to support the making of a determination, with a justifiably high level of confidence, regarding the operational effectiveness of the system; (B) whether adequate ground and flight testing of the system will have been conducted, before the system becomes operational, against the countermeasures that are likely, or at least realistically possible, to be used against the system and that other countries have or likely could acquire; and (C) whether the exoatmospheric kill vehicle and the rest of the National Missile Defense system can reliably discriminate between warheads and such countermeasures. (4) Not later than April 15 each year, the Panel shall submit to the Secretary of Defense and to Congress a report on its assessments and evaluations. The report shall include any recommendations for improving the flight testing program for the National Missile Defense system or the operational capability of the system to defeat countermeasures that the Panel determines appropriate. (e) Countermeasure Defined.--In this section, the term ``countermeasure''-- (1) means any deliberate action taken by a country with long-range ballistic missiles to defeat or otherwise counter a United States National Missile Defense system; and (2) includes, among other actions-- (A) use of a submunition released by a ballistic missile soon after the boost phase of the missile; (B) use of anti-simulation, together with such decoys as Mylar balloons, to disguise the signature of the warhead; and (C) use of a shroud cooled with liquid nitrogen to reduce the infrared signature of the warhead.

National Missile Defense Deployment Criteria Act of 2001 - Amends the National Missile Defense Act of 1999 to allow deployment of a national missile defense system (system) only if: (1) the system is technologically feasible; (2) system cost in relation to other Department of Defense (DOD) priorities will not lead to an overall reduction in national security by reducing resources available for other defense priorities; (3) the system will not diminish overall U.S. national security; (4) the system will not threaten to disrupt relations with U.S. nuclear allies, U.S. European allies, Russia, the People's Republic of China, and other nations; and (5) the threat of a long-range ballistic missile attack from a nation of concern is clearly demonstrated.Prohibits the President from directing DOD to deploy a system unless and until: (1) the President certifies to Congress that the above deployment conditions have been met; and (2) a joint resolution is enacted concurring in the President's certification.Prohibits DOD procurement funds from being obligated for a system unless: (1) the President certifies to Congress that adequate system tests have been undertaken to meet identified threats against countermeasures; and (2) a joint resolution is enacted concurring in the President's certification.Requires the Secretary of Defense to direct the Ballistic Missile Defense Organization to: (1) include specified system countermeasures in system ground and flight testing conducted before the system becomes operational; and (2) determine the extent to which the exoatmospheric kill vehicle and the system can reliably discriminate between warheads and such countermeasures.

[ 2, 0, 49134, 5, 1863, 9, 4545, 7, 35, 36, 134, 43, 1306, 14, 5, 496, 34169, 4545, 5149, 36, 487, 6222, 495, 43, 64, 29536, 28224, 227, 37449, 8, 215, 1437, 50136, 1437, 1437, 1437, 479, 1437, 3231, 37939, 4, 178, 36, 176, 43, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Joining Forces for Military Mental Health Act''. SEC. 2. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF DEFENSE EFFORTS ON MENTAL HEALTH IN THE NATIONAL GUARD AND RESERVES THROUGH COMMUNITY PARTNERSHIPS. (a) Pilot Program Authorized.-- (1) In general.--The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of enhancing the efforts of the Department of Defense in research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury (TBI) in members of the National Guard and Reserves, their family members, and their caregivers through community partners described in subsection (c). (2) Duration.--The duration of the pilot program may not exceed three years. (b) Grants.--In carrying out the pilot program, the Secretary may award not more than five grants to community partners described in subsection (c). Any grant so awarded shall be awarded using a competitive and merit-based award process. (c) Community Partners.--A community partner described in this subsection is a private non-profit organization or institution (or multiple organizations and institutions) that-- (1) engages in each of the research, treatment, education, and outreach activities described in subsection (d); and (2) meets such qualifications for treatment as a community partner as the Secretary shall establish for purposes of the pilot program. (d) Activities.--Amounts awarded under a grant under the pilot program shall be utilized by the community partner awarded the grant for one or more of the following: (1) To engage in research on the causes, development, and innovative treatment of mental health and substance use disorders and Traumatic Brain Injury in members of the National Guard and Reserves, their family members, and their caregivers. (2) To provide treatment to such members and their families for such mental health and substance use disorders and Traumatic Brain Injury. (3) To identify and disseminate evidence-based treatments of mental health and substance use disorders and Traumatic Brain Injury described in paragraph (1). (4) To provide outreach and education to such members, their families and caregivers, and the public about mental health and substance use disorders and Traumatic Brain Injury described in paragraph (1). (e) Requirement for Matching Funds.-- (1) Requirement.--The Secretary may award a grant under this section to an organization or institution (or organizations and institutions) only if the awardee agrees to make contributions toward the costs of activities carried out with the grant, from non-Federal sources (whether public or private), an amount equal to not less than $3 for each $1 of funds provided under the grant. (2) Nature of non-federal contributions.--Contributions from non-Federal sources for purposes of paragraph (1) may be in cash or in-kind, fairly evaluated. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of contributions from non- Federal sources for such purposes. (f) Application.--An organization or institution (or organizations and institutions) seeking a grant under this section shall submit to the Secretary an application therefore in such a form and containing such information as the Secretary considers appropriate, including the following: (1) A description how the activities proposed to be carried out with the grant will help improve collaboration and coordination on research initiatives, treatment, and education and outreach on mental health and substance use disorders and Traumatic Brain Injury among the Armed Forces. (2) A description of existing efforts by the applicant to put the research described in (c)(1) into practice. (3) If the application comes from multiple organizations and institutions, how the activities proposed to be carried out with the grant would improve coordination and collaboration among such organizations and institutions. (4) If the applicant proposes to provide services or treatment to members of the Armed Forces or family members using grant amounts, reasonable assurances that such services or treatment will be provided by a qualified provider. (5) Plans to comply with subsection (g). (g) Exchange of Medical and Clinical Information.--A community partner awarded a grant under the pilot program shall agree to any requirements for the sharing of medical or clinical information obtained pursuant to the grant that the Secretary shall establish for purposes of the pilot program. The exchange of medical or clinical information pursuant to this subsection shall comply with applicable privacy and confidentiality laws. (h) Dissemination of Information.--The Secretary of Defense shall share with the Secretary of Veterans Affairs information on best practices in research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury identified by the Secretary of Defense as a result of the pilot program. (i) Report.--Not later than 180 days before the completion of the pilot program, the Secretary of Defense shall submit to the Secretary of Veterans Affairs, and to Congress, a report on the pilot program. The report shall include the following: (1) A description of the pilot program, including the community partners awarded grants under the pilot program, the amount of grants so awarded, and the activities carried out using such grant amounts. (2) A description of any research efforts advanced using such grant amounts. (3) The number of members of the National Guard and Reserves provided treatment or services by community partners using such grant amounts, and a summary of the types of treatment and services so provided. (4) A description of the education and outreach activities undertaken using such grant amounts. (5) A description of efforts to exchange clinical information under subsection (g). (6) A description and assessment of the effectiveness and achievements of the pilot program with respect to research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury. (7) Such recommendations as the Secretary of Defense considers appropriate in light of the pilot program on the utilization of organizations and institutions such as community partners under the pilot program in efforts of the Department described in subsection (a). (8) A description of the metrics used by the Secretary in making recommendations under paragraph (7). (j) Available Funds.--Funds for the pilot program shall be derived from amounts authorized to be appropriated for the Department of Defense for Defense Health Program and otherwise available for obligation and expenditure. (k) Definitions.--In this section, the terms ``family member'' and ``caregiver'', in the case of a member of the National Guard or Reserves, have the meaning given such terms in section 1720G(d) of title 38, United States Code, with respect to a veteran.

Joining Forces for Military Mental Health Act - Authorizes the Secretary of Defense, through community partnerships with private nonprofit organizations, to carry out a three-year pilot program assessing the enhancement of Department of Defense (DOD) efforts in research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury (TBI) in members of the National Guard and Reserves and their family members and caregivers. Allows the Secretary, using a competitive or merit-based award process, to award up to five grants to such community partners, provided that the awardee agrees to make matching contributions from nonfederal sources (whether public or private) of at least $3 for each $1 provided under the grant. Requires grant-seeking organizations to submit an application including a description of proposed collaboration initiatives and existing research efforts.

[ 2, 0, 19842, 6074, 8717, 13, 10005, 16860, 1309, 1783, 111, 10480, 29, 5, 1863, 9, 4545, 7, 2324, 66, 10, 4792, 586, 7, 7118, 5, 20140, 8, 33879, 4484, 9, 1437, 50136, 1437, 1437, 1437, 2537, 1416, 6, 1265, 6, 8, 12356, 15, 2536...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Medical Decision Incentive Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States spends more per capita on health care than any other nation, and yet it has mediocre health outcomes, including the second-highest infant mortality rate of all industrialized nations. (2) The efficacy of best practices guidelines in improving health care delivery and patient outcomes is well established. (3) Existing payment systems compensate physicians without adequate attention to the appropriateness or quality of care delivered and often without reference to established best practices. (4) Identification of and adherence to best practices can improve the quality of health care while reducing overall costs to the health care system. (5) Orderly administrative proceedings involving knowledgeable professionals will enhance best practices for health care. (6) Control of medical practices through denial of claims by insurance companies has proven wasteful and confusing, and has failed to motivate adequate development and use of best practices for health care. SEC. 3. VOLUNTARY STATE DEVELOPMENT AND APPROVAL OF QUALIFYING BEST PRACTICES; INCENTIVES FOR PRIVATE INSURERS. (a) State Approval of Best Practices.-- (1) In general.--A State health department may approve best practices in a course of, or as a means of treatment for, a particular condition, illness, or procedure, as the qualifying standard of care for the State in order to take advantage of the differential rates of payment implemented under sections 1898 and 1902(dd) of the Social Security Act (as added by sections 4 and 5, respectively) and the private insurance incentive under subsection (b). (2) Qualifying process for state approval.--In order for best practices approved by a State under paragraph (1) to qualify as best practices for purposes of implementing such differential rates of payment and for purposes of such private insurance incentive, a State health department shall-- (A) allow any duly constituted State medical society or medical specialty group to file with the State health department a course or means of treatment representing best practices for a particular condition, illness, or procedure to be applicable in the State, including cost-effective prevention and management measures; (B) provide for notice and hearing consistent with the administrative procedures of the State with respect to the approval of best practices for a particular condition, illness, or procedure; (C) permit any health insurer described in subsection (b)(1), including any individual authorized by the Secretary of Health and Human Services to act as a representative of the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.), to intervene in any administrative proceeding to approve such best practices; (D) provide appropriate notice of any such administrative proceeding to established advocacy groups concerned with the condition or illness involved in the proceeding; and (E) in the case where the State health department determines that a course of treatment filed in accordance with subparagraph (A) would lower system costs and improve quality of care, approve that best practices course of treatment within its jurisdiction as the qualifying standard of care under this subsection for that condition, illness, or procedure. (3) Priority of approvals.--State health departments are encouraged to prioritize approval of best practices that address conditions, illnesses, or procedures where those best practices are reasonably anticipated to result in the greatest overall cost savings and quality improvements. (4) Approval of qualifying best practices.--If, at the conclusion of a process that meets the requirements of paragraph (2), the State health department approves best practices (as described in paragraph (1)), those best practices shall be-- (A) deemed qualifying best practices; (B) the basis for differential rates of payment under sections 1898 and 1902(dd) of the Social Security Act (as added by sections 4 and 5, respectively); and (C) eligible for the private insurance incentive under subsection (b). (5) Definition of state.--In this subsection the term ``State'' includes such regional or local areas as the State health department determines appropriate. (b) Incentive for Private Insurers To Provide Timely Payment for Services Provided in Accordance With Best Practices.-- (1) In general.--Notwithstanding any other provision of law, in the case where qualifying best practices have been approved by a State health department in accordance with subsection (a), any health insurer doing business in interstate commerce and providing health care coverage within the State shall pay all provider charges for any service provided in accordance with such best practices not later than 30 days after the date on which such service is provided and, absent fraud, without regard for the insurer's internal utilization review or claims denial procedure. (2) Standing to enforce.--Any provider or specialty group that does business in a State where the State health department has approved qualifying best practices in accordance with subsection (a) may bring a civil action in an appropriate United States district court to enjoin efforts by any health insurer to challenge or delay payment for services provided by the provider or a member of the specialty group in accordance with such best practices approved in the State. The district court shall award a provider or specialty group costs and attorney's fees in such a civil action if the court finds that the challenge or delay was a willful violation of this Act. SEC. 4. IMPLEMENTATION OF DIFFERENTIAL RATES OF PAYMENT FOR QUALIFYING BEST PRACTICES UNDER THE MEDICARE PROGRAM. (a) Differential Rates of Payment for Qualifying Best Practices.-- Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``differential rates of payment for qualifying best practices ``Sec. 1898. (a) In General.-- ``(1) Differential rates of payment.--Notwithstanding any other provision of law, the Secretary shall establish procedures to provide differential rates of payment for items and services covered under the program under this title that favor treatment provided consistent with qualifying best practices approved by a State in accordance with section 3(a) of the Improved Medical Decision Incentive Act of 2007. ``(2) Regulations.--Not later than March 31, 2008, the Secretary shall promulgate regulations to carry out this subsection. ``(3) Budget neutrality.--The Secretary shall ensure that the procedures established under paragraph (1) do not result in overall expenditures for any year under this title that are more than the expenditures which would have been made if such procedures had not been established, taking into account-- ``(A) any savings anticipated as a result of the application of best practices to items and services covered under the program under this title; and ``(B) the net effects of reimbursement increases and decreases as a result of the differential in rates of payment established under such program. ``(b) Adoption of National Best Practices.-- ``(1) In general.--Such procedures shall specify that, in any case where the Secretary finds a national standard for best practices to be appropriate, the Secretary may adopt national best practices. Subject to paragraph (2), such national best practices shall be applicable within a State as a qualifying best practice in accordance with section 3(a) of the Improved Medical Decision Incentive Act of 2007 and the basis for the establishment of differential rates of payment under the program under this title. ``(2) Limitation.--In any case where the State health department has approved qualifying best practices in the State for a condition, illness, or procedure in accordance with such section 3(a), national best practices adopted under paragraph (1) shall only be applicable within such State as a qualifying best practice and the basis for the establishment of such differential rates of payment if the Secretary finds, after a hearing in the State that meets the procedural requirements under paragraph (2) of such section 3(a), that the national best practices will improve health care outcomes and lower health care costs in the State to a greater extent than the qualifying best practices approved by the State health department for that condition, illness, or procedure in accordance with such section 3(a).''. (b) Effective Date.--The amendment made by this section shall apply to items and services furnished on or after March 31, 2008. SEC. 5. IMPLEMENTATION OF DIFFERENTIAL RATES OF PAYMENT FOR QUALIFYING BEST PRACTICES UNDER THE MEDICAID PROGRAM. (a) State Plan Amendment.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (69), by striking ``and'' at the end; (2) in paragraph (70)(B)(iv), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (70)(B)(iv) the following new paragraph: ``(71) provide, in accordance with procedures established by the Secretary under subsection (dd) and after consultation with and upon the recommendation of the State health department (and the approval of the Secretary), for differential rates of payment for medical assistance under the plan that favor treatment provided consistent with qualifying best practices approved by the State health department in accordance with section 3(a) of the Improved Medical Decision Incentive Act of 2007, except that in establishing such payment rates, the State shall ensure that the amounts paid under such rates do not exceed the amount the State would have paid for such medical assistance under the plan if such differential rates of payment had not been made, taking into account any annual increases in population and inflation.''. (b) Establishment of Procedures.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection: ``(dd) Differential Rates of Payment for Qualifying Best Practices and Adoption of National Best Practices.-- ``(1) Differential rates of payment for qualifying best practices.-- ``(A) In general.--Notwithstanding any other provision of law, the Secretary shall establish procedures to provide differential rates of payment for medical assistance provided consistent with qualifying best practices approved by a State in accordance with section 3(a) of the Improved Medical Decision Incentive Act of 2007. ``(B) Regulations.--Not later than March 31, 2008, the Secretary shall promulgate regulations to carry out this subsection. ``(C) Budget neutrality.--The Secretary shall ensure that the procedures established under subparagraph (A) do not result in overall expenditures for any year under a State plan that are more than the expenditures which would have been made if such procedures had not been established, taking into account-- ``(i) any savings anticipated as a result of the application of best practices to medical assistance provided under the State plan; and ``(ii) the net effects of reimbursement increases and decreases as a result of the differential rates of payment established under such plan. ``(2) Adoption of national best practices.--Such procedures shall specify that, in any case where the Secretary adopts national best practices in accordance with section 1898(b), subject to the limitation under paragraph (2) of such section, such national best practices shall be-- ``(A) applicable within a State as a qualifying best practice in accordance with section 3(a) of the Improved Medical Decision Incentive Act of 2007; and ``(B) the basis for the establishment of differential rates of payment under the State plan.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to medical assistance furnished on or after March 31, 2008. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by 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 these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. SEC. 6. OVERSIGHT BY THE CENTERS FOR MEDICARE & MEDICAID SERVICES. (a) Review and Report.-- (1) Review.-- (A) In general.--The Secretary shall conduct an annual review of the efficacy of all qualifying best practices approved pursuant to section 3(a) and, if applicable, any national best practices adopted pursuant to section 1898(b) of the Social Security Act, as added by section 4(a). (B) Considerations.--The review conducted under subparagraph (A) shall consider-- (i) the effect of such best practices with respect to improving outcomes and lowering the cost of care; and (ii) the effect and efficacy of differential rates of payment under the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.) under procedures established pursuant to the amendments made by sections 4 and 5. (2) Report.--The Secretary shall submit an annual report to Congress containing the results of the review conducted under paragraph (1)(A), together with recommendations for such legislation and administrative actions as the Secretary determines appropriate. (b) Annual Conference.--The Secretary shall host an annual conference of all State health directors, and any State medical societies and medical specialty groups that have filed best practices for approval with a State health department in accordance with subparagraph (A) of section 3(a)(2) and any health insurers and advocacy groups that have participated in any administrative proceeding to approve best practices in accordance with subparagraphs (C) and (D), respectively, of such section, to provide-- (1) for the exchange of information; and (2) an opportunity to summarize the effects on health care costs, quality, and outcomes of qualifying best practices approved in accordance with section 3(a) prior to the date on which the conference is held. (c) Authorization.--There are authorized to be appropriated such sums as may be necessary for the purpose of carrying out this section. (d) Definition of Secretary.--In this section, the term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services.

Improved Medical Decision Incentive Act of 2007 - Allows a state health department to approve best practices in a course of, or as a means of treatment for, a particular condition, illness, or procedure, as the qualifying standard of care for the state in order to take advantage of the differential rates of payment implemented under the Social Security Act and the private insurance incentive under this Act. Requires a state health department, among other conditions for state approval, to allow any duly constituted state medical society or medical speciality group to file with the state health department a course or means of treatment representing best practices for a particular condition, illness, or procedure. Requires any interstate health insurer providing health care coverage within a state with approved qualifying best practices to pay all provider charges for any service provided in accordance with such practices. Authorizes any such provider or specialty group to bring a civil action in an appropriate U.S. district court to enjoin efforts by any health insurer to challenge or delay payment for services provided by the provider or a member of the specialty group in accordance with such best practices. Amends titles XVIII (Medicare) and XIX (Medicaid) to provide for implementation of differential rates of payment for covered items and services that favor treatment consistent with qualifying best practices under the Medicare and Medicaid programs. Requires the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, to review annually and report to Congress on the efficacy of all qualifying best practices approved pursuant to this Act and, if applicable, any national best practices adopted pursuant to this Act. Requires the Secretary also to host an annual conference on best practices for all state health directors, any state medical societies and medical specialty groups that have filed best practices for state approval, and any health insurers and advocacy groups that have participated in any administrative proceeding to approve best practices.

[ 2, 0, 48313, 3067, 30300, 96, 6342, 2088, 1437, 46303, 30529, 26880, 9, 3010, 111, 46233, 5, 1863, 9, 1309, 8, 3861, 1820, 36, 725, 6391, 43, 7, 35, 36, 134, 43, 7244, 275, 3464, 13, 1131, 1274, 6, 14971, 6, 50, 6196, 4, 178, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Assurance of Rx Transitional Assistance Act of 2004''. SEC. 2. AUTOMATIC ENROLLMENT OF MEDICAID BENEFICIARIES ELIGIBLE FOR MEDICARE PRESCRIPTION DRUG BENEFITS. (a) Automatic Enrollment of Beneficiaries Receiving Medical Assistance for Medicare Cost-Sharing Under Medicaid.--Section 1860D- 14(a)(3)(B)(v) (42 U.S.C. 1395w-114(a)(3)(B)(v)) is amended to read as follows: ``(v) Treatment of medicaid beneficiaries.--Subject to subparagraph (F), the Secretary shall provide that part D eligible individuals who are-- ``(I) full-benefit dual eligible individuals (as defined in section 1935(c)(6)) or who are recipients of supplemental security income benefits under title XVI shall be treated as subsidy eligible individuals described in paragraph (1); and ``(II) not described in subclause (I), but who are determined for purposes of the State plan under title XIX to be eligible for medical assistance under clause (i), (iii), or (iv) of section 1902(a)(10)(E), shall be treated as being determined to be subsidy eligible individuals described in paragraph (1).''. (b) Assurance of Transitional Assistance Under Drug Discount Card Program.-- (1) In general.--Section 1860D-31(b)(2)(A) of the Social Security Act (42 U.S.C. 1395w-141(b)(2)(A)) is amended by adding at the end the following new sentence: ``Subject to subparagraph (B), each discount card eligible individual who is described in section 1860D-14(a)(3)(B)(v) shall be considered to be a transitional assistance eligible individual.''. (2) Automatic enrollment of medicaid beneficiaries.-- Section 1860D-31(c)(1) of the Social Security Act (42 U.S.C. 1395w-141(c)(1)) is amended by adding at the end the following new subparagraph: ``(F) Automatic enrollment of certain beneficiaries.-- ``(i) In general.--Subject to clause (ii), the Secretary shall-- ``(I) enroll each discount card eligible individual who is described in section 1860D-14(a)(3)(B)(v), but who has not enrolled in an endorsed discount card program as of August 15, 2004, in an endorsed discount card program selected by the Secretary that serves residents of the State in which the individual resides; and ``(II) notwithstanding paragraphs (2) and (3) of subsection (f), automatically determine that such individual is a transitional assistance eligible individual (including whether such individual is a special transitional assistance eligible individual) without requiring any self- certification or subjecting such individual to any verification under such paragraphs. ``(ii) Opt-out.--The Secretary shall not enroll an individual under clause (i) if the individual notifies the Secretary that such individual does not wish to be enrolled and be determined to be a transitional assistance eligible individual under such clause before the individual is so enrolled.''. (3) Notice of eligibility for transitional assistance.-- Section 1860D-31(d) of the Social Security Act (42 U.S.C. 1395w-141(d)) is amended by adding at the end the following new paragraph: ``(4) Notice of eligibility to medicaid beneficiaries.--Not later than July 15, 2004, each State or the Secretary (at the option of each State) shall mail to each discount card eligible individual who is described in section 1860D-14(a)(3)(B)(v), but who has not enrolled in an endorsed discount card program as of July 1, 2004, a notice stating that-- ``(A) such individual is eligible to enroll in an endorsed discount card program and to receive transitional assistance under subsection (g); ``(B) if such individual does not enroll before August 15, 2004, such individual will automatically be enrolled in an endorsed discount card program selected by the Secretary unless the individual notifies the Secretary that such individual does not wish to be so enrolled; ``(C) if the individual is enrolled in an endorsed discount card program during 2004, the individual will be permitted to change enrollment under subsection (c)(1)(C)(ii) for 2005; and ``(D) there is no obligation to use the endorsed discount card program or transitional assistance when purchasing prescription drugs.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2071).

Medicare Assurance of Rx Transitional Assistance Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for the automatic enrollment of Medicare Savings Program (MSP) beneficiaries under SSA title XIX (Medicaid) in the interim prescription drug discount program and the transitional assistance program, making them eligible for the $600 per year in low-income discount card assistance without requiring a separate enrollment process.

[ 2, 0, 39096, 1322, 6331, 12590, 9, 44681, 1437, 36440, 30529, 19163, 24176, 19418, 1783, 9, 4482, 111, 1918, 8845, 5, 3574, 2010, 1783, 7, 146, 1131, 1437, 36440, 42593, 9981, 24176, 3485, 36, 39096, 5526, 43, 3485, 7, 4973, 14956, 9,...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Rehabilitation Tax Credit Expansion Act of 1993''. SEC. 2. TREATMENT OF REHABILITATION CREDIT UNDER PASSIVE ACTIVITY LIMITATIONS. (a) General Rule.--Paragraphs (2) and (3) of section 469(i) of the Internal Revenue Code of 1986 (relating to $25,000 offset for rental real estate activities) are amended to read as follows: ``(2) Dollar limitations.-- ``(A) In general.--Except as otherwise provided in this paragraph, the aggregate amount to which paragraph (1) applies for any taxable year shall not exceed $25,000 reduced (but not below zero) by 50 percent of the amount (if any) by which the adjusted gross income of the taxpayer for the taxable year exceeds $100,000. ``(B) Phaseout not applicable to low-income housing credit.--In the case of the portion of the passive activity credit for any taxable year which is attributable to any credit determined under section 42-- ``(i) subparagraph (A) shall not apply, and ``(ii) paragraph (1) shall not apply to the extent that the deduction equivalent of such portion exceeds-- ``(I) $25,000, reduced by ``(II) the aggregate amount of the passive activity loss (and the deduction equivalent of any passive activity credit which is not so attributable and is not attributable to the rehabilitation credit determined under section 47) to which paragraph (1) applies after the application of subparagraph (A). ``(C) $55,500 limit for rehabilitation credits.--In the case of the portion of the passive activity credit for any taxable year which is attributable to the rehabilitation credit determined under section 47-- ``(i) subparagraph (A) shall not apply, and ``(ii) paragraph (1) shall not apply to the extent that the deduction equivalent of such portion exceeds-- ``(I) $55,500, reduced by ``(II) the aggregate amount of the passive activity loss (and the deduction equivalent of any passive activity credit which is not so attributable) to which paragraph (1) applies for the taxable year after the application of subparagraphs (A) and (B). ``(3) Adjusted gross income.--For purposes of paragraph (2)(A), adjusted gross income shall be determined without regard to-- ``(A) any amount includable in gross income under section 86, ``(B) any amount excludable from gross income under section 135, ``(C) any amount allowable as a deduction under section 219, and ``(D) any passive activity loss.''. (b) Conforming Amendments.-- (1) Subparagraph (B) of section 469(i)(4) of such Code is amended to read as follows: ``(B) Reduction for surviving spouse's exemption.-- For purposes of subparagraph (A), the $25,000 amounts under paragraph (2)(A) and (2)(B)(ii) and the $55,500 amount under paragraph (2)(C)(ii) shall each be reduced by the amount of the exemption under paragraph (1) (determined without regard to the reduction contained in paragraph (2)(A)) which is allowable to the surviving spouse of the decedent for the taxable year ending with or within the taxable year of the estate.''. (2) Subparagraph (A) of section 469(i)(5) of such Code is amended by striking clauses (i), (ii), and (iii) and inserting the following: ``(i) `$12,500' for `$25,000' in subparagraphs (A) and (B)(ii) of paragraph (2), ``(ii) `$50,000' for `$100,000' in paragraph (2)(A)'', and ``(iii) `$27,750' for `$55,500' in paragraph (2)(C)(ii).''. (3) The subsection heading for subsection (i) of section 469 of such Code is amended by striking ``$25,000''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service on or after May 5, 1993, in taxable years ending on or after such date. SEC. 3. REHABILITATION CREDIT ALLOWED TO OFFSET PORTION OF ALTERNATIVE MINIMUM TAX. (a) In General.--Section 38(c) of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Rehabilitation investment credit may offset portion of minimum tax.-- ``(A) In general.--In the case of the rehabilitation investment tax credit-- ``(i) this section and section 39 shall be applied separately with respect to such credit, and ``(ii) for purposes of applying paragraph (1) to such credit-- ``(I) the tentative minimum tax under subparagraph (A) thereof shall be reduced by the minimum tax offset amount determined under subparagraph (B) of this paragraph, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the rehabilitation investment tax credit). ``(B) Minimum tax offset amount.--For purposes of subparagraph (A)(ii)(I), the minimum tax offset amount is an amount equal to-- ``(i) in the case of a taxpayer not described in clause (ii), the lesser of-- ``(I) 25 percent of the tentative minimum tax for the taxable year, or ``(II) $20,000, or ``(ii) in the case of a C corporation other than a closely held C corporation (as defined in section 469(j)(1)), 5 percent of the tentative minimum tax for the taxable year. ``(C) Rehabilitation investment tax credit.--For purposes of this paragraph, the term `regular investment tax credit' means the portion of the credit under subsection (a) which is attributable to the credit determined under section 47.''. (b) Conforming Amendment.--Section 38(d) (relating to components of investment credit) is amended by adding at the end the following new paragraph: ``(4) Special rule for rehabilitation credit.-- Notwithstanding paragraphs (1) and (2), the rehabilitation investment tax credit (as defined in subsection (c)(2)(C)) shall be treated as used last.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992.

Historic Rehabilitation Tax Credit Expansion Act of 1993 - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. Allows the rehabilitation investment credit to offset a portion of tentative minimum tax.

[ 2, 0, 38657, 23700, 22969, 20825, 6394, 3560, 1437, 46303, 36440, 30529, 111, 1918, 8845, 5, 18387, 5833, 8302, 7, 35, 36, 134, 43, 1157, 10, 68, 1244, 6, 151, 629, 1361, 13, 7582, 1437, 1437, 49190, 21402, 10172, 1713, 4, 36, 176, ...

SECTION 1. SHORT TITLE. This Act may be cited as the ``APHIS Function Transfer Act''. SEC. 2. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE. (a) Definitions.--In this section: (1) Covered law.--The term ``covered law'' means-- (A) the first section of the Act of August 31, 1922 (7 U.S.C. 281); (B) title III of the Federal Seed Act (7 U.S.C. 1581 et seq.); (C) the Plant Protection Act (7 U.S.C. 7701 et seq.); (D) the Animal Health Protection Act (7 U.S.C. 8301 et seq.); (E) section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540). (F) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.); and (G) the eighth paragraph under the heading ``BUREAU OF ANIMAL INDUSTRY'' in the Act of March 4, 1913 (21 U.S.C. 151 et seq.) (commonly known as the ``Virus- Serum-Toxin Act''); (2) Function.--The term ``function'' does not include any quarantine activity carried out under a covered law. (b) Transfer.--There is transferred to the Secretary of Homeland Security the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under each covered law. (c) Effect of Transfer.-- (1) Compliance with department of agriculture regulations.--The authority transferred under subsection (b) shall be exercised by the Secretary of Homeland Security in accordance with the regulations, policies, and procedures issued by the Secretary of Agriculture regarding the administration of each applicable covered law. (2) Rulemaking coordination.--The Secretary of Agriculture shall coordinate with the Secretary of Homeland Security in any case in which the Secretary of Agriculture prescribes regulations, policies, or procedures for administering a covered law at-- (A) a port of entry to the United States; or (B) any other similar location, as determined by the Secretary of Agriculture. (3) Effective administration.--The Secretary of Homeland Security, in consultation with the Secretary of Agriculture, may issue such directives and guidelines as are necessary to ensure the effective use of personnel of the Department of Homeland Security to carry out the functions transferred under subsection (b). (d) Transfer Agreement.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of Homeland Security shall enter into an agreement to effectuate the transfer of functions required by subsection (b). (2) Required terms.--The agreement required by this subsection shall specifically address-- (A) the supervision by the Secretary of Agriculture of the training of employees of the Secretary of Homeland Security to carry out the functions transferred under subsection (b); and (B) the transfer of funds to the Secretary of Homeland Security under subsection (e). (3) Revision.--After the date of execution of the agreement described in paragraph (1), the Secretary of Agriculture and the Secretary of Homeland Security may jointly revise the agreement, as necessary. (4) Cooperation and reciprocity.--The Secretary of Agriculture and the Secretary of Homeland Security may include as part of the agreement-- (A) authority under which the Secretary of Homeland Security may perform functions that-- (i) are delegated to the Animal and Plant Health Inspection Service of the Department of Agriculture regarding the protection of domestic livestock and plants; but (ii) are not transferred to the Secretary of Homeland Security under subsection (b); and (B) authority under which the Secretary of Agriculture may use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants. (e) Periodic Transfer of Funds to Department of Homeland Security.-- (1) Transfer of funds.--Subject to paragraph (2), out of any funds collected as fees under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a), the Secretary of Agriculture shall periodically transfer to the Secretary of Homeland Security, in accordance with the agreement under subsection (d), funds for activities carried out by the Secretary of Homeland Security for which the fees were collected. (2) Limitation.--The proportion of fees collected under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a) that are transferred to the Secretary of Homeland Security under paragraph (1) may not exceed the proportion that-- (A) the costs incurred by the Secretary of Homeland Security to carry out activities funded by those fees; bears to (B) the costs incurred by the Federal Government to carry out activities funded by those fees. (f) Transfer of Department of Agriculture Employees.--In carrying out this section, the Secretary of Agriculture shall transfer to the Secretary of Homeland Security not more than 3,200 full-time equivalent positions of the Department of Agriculture. (g) Protection of Inspection Animals.-- (1) Definition of secretary concerned.--Title V of the Agricultural Risk Protection Act of 2000 is amended-- (A) by redesignating sections 501 and 502 (7 U.S.C. 2279e, 2279f) as sections 502 and 503, respectively; and (B) by inserting before section 502 (as redesignated by paragraph (1)) the following: ``SEC. 501. DEFINITION OF SECRETARY CONCERNED. ``In this title, the term `Secretary concerned' means-- ``(1) the Secretary of Agriculture, with respect to an animal used for purposes of official inspections by the Department of Agriculture; and ``(2) the Secretary of Homeland Security, with respect to an animal used for purposes of official inspections by the Department of Homeland Security.''. (2) Conforming amendments.-- (A) Section 502 of the Agricultural Risk Protection Act of 2000 (as redesignated by paragraph (1)(A)) is amended-- (i) in subsection (a)-- (I) by inserting ``or the Department of Homeland Security'' after ``Department of Agriculture''; and (II) by inserting ``or the Secretary of Homeland Security'' after ``Secretary of Agriculture''; and (ii) by striking ``Secretary'' each place it appears (other than in subsections (a) and (e)) and inserting ``Secretary concerned''. (B) Section 503 of the Agricultural Risk Protection Act of 2000 (as redesignated by paragraph (1)(A)) is amended by striking ``501'' each place it appears and inserting ``502''. SEC. 3. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, DEPARTMENT OF AGRICULTURE. (a) In General.--The Secretary of Agriculture shall transfer to the Secretary of Homeland Security the Plum Island Animal Disease Center of the Department of Agriculture, including the assets and liabilities of the Center. (b) Continued Department of Agriculture Access.--On completion of the transfer of the Plum Island Animal Disease Center under subsection (a), the Secretary of Homeland Security and the Secretary of Agriculture shall enter into an agreement to ensure that the Secretary of Agriculture retains access to the Center for research, diagnostic, and other activities of the Department of Agriculture.

APHIS Function Transfer Act - Transfers from the Secretary of Agriculture to the Secretary of Homeland Security: (1) specified agricultural import and entry inspection functions, personnel, and fees; and (2) Plum Island Animal Disease Center (retains Department of Agriculture access).

[ 2, 0, 42779, 7396, 5, 1863, 9, 8004, 7, 2937, 7, 5, 1437, 49820, 1437, 1437, 1437, 2537, 1437, 1437, 36, 495, 43, 9777, 2010, 5, 8047, 9, 5, 641, 9, 8004, 8941, 7, 1437, 49078, 1437, 1437, 36440, 30529, 8, 1437, 1437, 28784, 143...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Right-of-Way Conveyance Validation Act''. SEC. 2. VALIDATION OF CONVEYANCES. Except as provided in section 5, the conveyances described in section 3 (involving certain lands in Nevada County, State of California) and section 4 (involving certain lands in San Joaquin County, State of California) concerning lands that form parts of the right-of-way granted by the United States to the Central Pacific Railway Company in the Act entitled ``An Act to aid in the Construction of a Railroad and Telegraph Line from the Missouri River to the Pacific Ocean, and to secure to the Government the Use of the same for Postal, Military, and Other Purposes'', approved July 1, 1862 (12 Stat. 489), hereby are legalized, validated, and confirmed, as far as any interest of the United States in such lands is concerned, with the same force and effect as if the land involved in each such conveyance had been held, on the date of such conveyance, under absolute fee simple title by the grantor of such land. SEC. 3. CONVEYANCES OF LANDS IN NEVADA COUNTY, STATE OF CALIFORNIA. The conveyances of land in Nevada County, State of California, referred to in section 2 are as follows: (1) The conveyances entered into between the Southern Pacific Transportation Company, grantor, and David G. ``Otis'' Kantz and Virginia Thomas Bills Kantz, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-15995 in the official records of the county of Nevada. (2) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Antone Silva and Martha E. Silva, his wife, grantees, recorded June 10, 1987, as instrument number 87-15996 in the official records of the county of Nevada. (3) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Charlie D. Roeschen and Renee Roeschen, husband and wife as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-15997 in the official records of the county of Nevada. (4) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Manuel F. Nevarez and Margarita Nevarez, his wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-15998 in the official records of the county of Nevada. (5) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Susan P. Summers, grantee, recorded June 10, 1987, as instrument number 87-15999 in the official records of the county of Nevada. (6) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and James L. Porter, a single man, as his sole and separate property, grantee, recorded June 10, 1987, as instrument number 87-16000 in the official records of the county of Nevada. (7) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Robert L. Helin, a single man, grantee, recorded June 10, 1987, as instrument number 87-16001 in the official records of the county of Nevada. (8) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Thomas S. Archer and Laura J. Archer, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16002 in the official records of the county of Nevada. (9) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Wallace L. Stevens, a single man, grantee, recorded June 10, 1987, as instrument number 87-16003 in the official records of the county of Nevada. (10) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Sierra Pacific Power Company, grantees, recorded June 10, 1987, as instrument number 87-16004 in the official records of the county of Nevada. (11) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Truckee Public Utility District, grantees, recorded June 10, 1987, as instrument number 87-16005 in the official records of the county of Nevada. (12) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Dwayne W. Haddock and Bertha M. Haddock, his wife as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16006 in the official records of the county of Nevada. (13) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William C. Thorn, grantee, recorded June 10, 1987, as instrument number 87-16007 in the official records of the county of Nevada. (14) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Jose Guadelupe Lopez, grantees, recorded June 10, 1987, as instrument number 87-16008 in the official records of the county of Nevada. (15) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Harold O. Dixon, an unmarried man, as to an undivided half interest, and Pedro Lopez, a married man, as to an undivided half interest, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16009 in the official records of the county of Nevada. (16) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Robert E. Sutton and Patricia S. Sutton, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16010 in the official records of the county of Nevada. (17) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Angelo C. Besio and Eva G. Besio, his wife, grantees, recorded June 10, 1987, as instrument number 87-16011 in the official records of the county of Nevada. (18) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Lawrence P. Young and Mary K. Young, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16012 in the official records of the county of Nevada. (19) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and the estate of Charles Clyde Cozzaglio, grantee, recorded June 10, 1987, as instrument number 87-16013 in the official records of the county of Nevada. (20) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Noel T. Hargreaves, an unmarried woman, as her sole and separate property, grantee, recorded June 10, 1987, as instrument number 87-16014 in the official records of the county of Nevada. (21) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Athleisure Enterprises, Incorporated, a Nevada corporation, grantees, recorded January 24, 1989, as instrument number 89-01803 in the official records of the county of Nevada. (22) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Richard Bwarie, a single man as to an undivided one-half interest, and Roger S. Gannam and Lucille Gannam, husband and wife, as joint tenants, as to an undivided one-half interest, grantees, recorded January 24, 1989, as instrument number 89-01804 in the official records of the county of Nevada. (23) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William Campbell and Juanita R. Campbell, his wife as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01805 in the official records of the county of Nevada. (24) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William E. Cannon and Lynn M. Cannon, husband and wife, as joint tenants as to an undivided one- half interest, and Brent Collinson and Dianne Collinson, husband and wife, as joint tenants, as to an undivided one-half interest, grantees, recorded January 24, 1989, as instrument number 89-01806 in the official records of the county of Nevada. (25) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Christopher G. Eaton and Bernadette M. Eaton, husband and wife as community property, grantees, recorded January 24, 1989, as instrument number 89-01807 in the official records of the county of Nevada. (26) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Christopher G. Eaton, grantee, recorded January 24, 1989, as instrument number 89-01808 in the official records of the county of Nevada. (27) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Valeria M. Kelly, an unmarried woman, grantee, recorded January 24, 1989, as instrument number 89- 01809 in the official records of the county of Nevada. (28) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William J. Kuttel and Delia Rey Kuttel, husband and wife, grantees, recorded January 24, 1989, as instrument number 89-01810 in the official records of the county of Nevada. (29) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Thomas A. Lippert and Laurel A. Lippert, husband and wife, grantees, recorded January 24, 1989, as instrument number 89-01811 in the official records of the county of Nevada. (30) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Fred J. Mahler, a single man, grantee, recorded January 24, 1989, as instrument number 89-01812 in the official records of the county of Nevada. (31) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Francis Doyle McGwinn also known as Doyle F. McGwinn, a widower, grantee, recorded January 24, 1989, as instrument number 89-01813 in the official records of the county of Nevada. (32) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and James D. Ritchie and Susan Ritchie, husband and wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01814 in the official records of the county of Nevada. (33) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William R. Smith and Joan M. Smith, his wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01815 in the official records of the county of Nevada. (34) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Anthony J. Stile and Laura A. Stile, husband and wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01816 in the official records of the county of Nevada. (35) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Thomas R. Stokes, a single man, and Carla J. Stewart, a single woman, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01817 in the official records of the county of Nevada. (36) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Tom's Television System, Incorporated, a California Corporation, grantees, recorded January 24, 1989, as instrument number 89-01818 in the official records of the county of Nevada. (37) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Tom's Television System, Incorporated, a California corporation, grantees, recorded January 24, 1989, as instrument number 89-01819 in the official records of the county of Nevada. (38) The conveyances entered into between the Southern Pacific Transportation Company, grantor, and Harry M. Welch and Betty R. Welch, his wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01820 in the official records of the county of Nevada. (39) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Harry Fariel and Joan Fariel, husband and wife, as joint tenants, grantees, recorded February 2, 1989, as instrument number 89-02748 in the official records of the county of Nevada. (40) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Edward Candler and May Candler, husband and wife as community property, as to an undivided two-thirds interest; and Harry Fariel and Joan Fariel, husband and wife, as joint tenants, as to an undivided one-third interest, grantees, recorded February 2, 1989, as instrument number 89-02749 in the official records of the county of Nevada. (41) The conveyance entered into between the Central Pacific Railroad, grantor, and E.W. Hopkins and J.O.B. Gann, grantees, recorded April 7, 1894, in Book 79 of Deeds at page 679, official records of the county of Nevada. (42) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and John David Gay and Elizabeth Jean Gay, as Trustees of the David and Elizabeth Gay Trust, grantees, recorded October 3, 1991, as instrument number 91-30654 of the official records of the county of Nevada. SEC. 4. CONVEYANCES OF LAND IN SAN JOAQUIN COUNTY, STATE OF CALIFORNIA. The conveyances of land in San Joaquin County, State of California, referred to in section 2 are as follows: (1) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Ronald M. Lauchland and Lillian R. Lauchland, grantees, recorded October 1, 1985, as instrument number 85066621 in the official records of the county of San Joaquin. (2) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Bradford A. Lange and Susan J. Lange, his wife, as to an undivided one-half, and Randall W. Lange and Charlene J. Lange, his wife, as to an undivided one-half interest, grantees, recorded October 1, 1985, as instrument number 85066623 in the official records of the county of San Joaquin. (3) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Leo G. Lewis and Vasiliki L. Lewis, and Billy G. Lewis and Dimetria Lewis, grantees, recorded October 1, 1985, as instrument number 85066625 in the official records of the county of San Joaquin. (4) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Louis J. Bennett, grantees, recorded October 1, 1985, as instrument number 85066627 in the official records of the county of San Joaquin. (5) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Joe Alves Correia and Leontina Correia, his wife, grantees, recorded September 1, 1970, instrument number 33915, in book 3428, page 461, of the official records of the county of San Joaquin. (6) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Willard H. Fike, Jr., and Dorla E. Fike, his wife, grantees, recorded January 7, 1988, instrument number 88001473 of the official records of the county of San Joaquin. (7) The conveyance entered into between Central Pacific Railway, Grantor, and Nettie M. Murray and Marie M. Hallinan, Grantees, dated May 31, 1949, recorded June 14, 1949, in volume 1179 at page 394 of the official records of the county of San Joaquin. (8) The conveyance entered into between the Central Pacific Railway Company, a corporation, and its Lessee, Southern Pacific Company, a corporation, Grantor, and Lodi Winery, Incorporated, Grantee, dated August 2, 1938, recorded May 23, 1940, in volume 692, page 249, of the official records of the county of San Joaquin. SEC. 5. LIMITATIONS ON VALIDATION OF CONVEYANCES. (a) Scope.--Nothing in this Act shall be construed to-- (1) diminish the right-of-way referred to in section 2 to a width of less than fifty feet on each side of the center of the main track or tracks maintained by the Southern Pacific Transportation Company on the date of enactment of this Act; or (2) legalize, validate, or confirm, with respect to any land that is the subject of a conveyance referred to in section 3 or 4, any right or title to, or interest in, such land arising out of adverse possession, prescription, or abandonment, and not confirmed by such conveyance. (b) Minerals.--(1) The United States hereby reserves any federally- owned minerals that may exist in land that is conveyed pursuant to section 2 of this Act, including the right of the United States, its assignees or lessees, to enter upon and utilize as much of the surface of said land as is necessary to remove minerals under the laws of the United States. (2) Any and all minerals reserved by paragraph (1) are hereby withdrawn from all forms of entry, appropriation, and patent under the mining, mineral leasing, and geothermal leasing laws of the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Railroad Right-of-Way Conveyance Validation Act - Validates conveyances of certain lands in San Joaquin and Nevada Counties, California, that form part of the right-of-way granted by the United States to the Central Pacific Railway Company.

[ 2, 0, 36458, 14288, 5143, 12, 1116, 12, 24450, 2585, 9932, 2389, 1783, 111, 46233, 5, 15451, 2389, 9, 1212, 11, 5077, 413, 6, 331, 9, 886, 6, 7, 2914, 88, 227, 5, 2944, 3073, 1437, 50136, 1437, 1437, 1437, 6586, 1260, 6, 4470, 3...

SECTION 1. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) an individual's ability to survive periods of severe heat is based, in part on income, age, and health risks; (2) such a connection is well established and is proven by recent tragic deaths in and around the City of Chicago and Cook County, Illinois; and (3) reports published by the Centers for Disease Control indicate that the absence of air conditioning is a major factor contributing to illness and death during periods of extreme heat, especially among the elderly. SEC. 2. DECLARATION AND NOTIFICATION OF A HEAT EMERGENCY. Title 15, United States Code, is amended by adding the following new section: ``Sec. 330. (a) The Director of the National Weather Service shall notify the Secretary of Health and Human Services whenever any State, county, municipality, or other jurisdiction is subject to a heat emergency which threatens the health of its residents. ``(b) Such notification shall be delivered to the Secretary within one hour of the declaration being determined.''. SEC. 3. AUTHORIZATION OF A POOL OF EMERGENCY FUNDS; EMERGENCY EXPANSION OF ENERGY ASSISTANCE ELIGIBILITY. (a) Establishment of an ``Emergency Cooling Fund''.-- (1) Section 8621 of title 42, United States Code, is amended by adding at the end the following new section: ``(e) There is authorized a pool of monies that shall be added to the appropriations, referred to in this section; such funds shall be designated for the expressed purpose of providing assistance to low income recipients and seniors for the duration of a declared heat emergency.''. (2) Prior to authorization of the Fund referred to in (a) of this section, the Secretary of Health and Human Services shall research and report to Congress on the amount of funds needed to fully compensate public utilities for the delivery of energy necessary to sufficiently cool the residencies of a LIHEAP recipient in a manner that will alleviate the likelihood of heat-related illness and prevent the worsening of preexisting acute conditions. (3) The Secretary shall take into account the following when determining the amount of money necessary to fund the ``Emergency Cooling Fund''-- (A) the number of current LIHEAP recipients; (B) the amount of energy needed to cool the homes of LIHEAP recipients; and (C) the number of days in the previous calendar year in which the National Weather Service declared a heat emergency in areas served by LIHEAP. (4) The pool of monies established by Congress shall be no smaller than an amount equal to three times the amount referred to in the Secretary's report as being necessary to operate such a fund. (b) Eligibility of Seniors for Heat Related Assistance.--Section 8642(b)(2) of title 42, United States Code, is amended by adding the following: ``or (C) households with senior residents who, because of age and/or medical condition, may be susceptible to heat related illness.''. SEC. 4. USE OF ENERGY ASSISTANCE FUNDS DURING HEAT EMERGENCY. (a) Immediately upon receiving a notification of a heat emergency declaration referred to in section 2 of this Act, the Secretary of Health and Human Services shall direct the Governor of each State in which the emergency was declared that a portion funds referred to in section 8622 of title 42, United States Code, commonly known as ``LIHEAP'', as augmented by the funds referred to in section 3 of this Act, shall be designated by the State for the express use of providing energy to cool the residencies of current LIHEAP recipients, augmented by section 3 of this Act, during heat emergencies. (b) The Secretary of Health and Human Services shall, within five days of the passage of this Act, inform the Governors of the States that compliance with this Act is mandated. (c) Within ten days of the passage of this Act, the Governors of each State shall submit to the Secretary notification that provisions have been made, in conjunction with public utilities responsible for the delivery of electricity in the State, to provide for compensation to eligible LIHEAP recipients under this Act and such provisions shall-- (1) provide for compensation to all LIHEAP recipients to cover the full and total amount necessary to operate not less than one appliance to cool the recipient's residence; and (2) such compensation shall be in effect during the period in which a heat emergency is in effect in the state, and for the twenty-four hour period immediately following and immediately proceeding the declaration of the heat emergency. (d) No funds referred to in this Act shall be available to any State not submitting such notification to the Secretary within the allotted time. (e) Enhancement of Federal Oversight of Compliance by the States.-- Section 8624(b) of title 42, United States Code, is amended by striking the following language: ``The Secretary may not prescribe the manner in which the States will comply with the provisions of the subsection.'' SEC. 5. EXPEDITED DISTRIBUTION OF AIR CONDITIONING UNITS AND OTHER EQUIPMENT. (a) The Administrator of the General Services Administration shall receive notification of any declaration of a heat emergency as referenced in section 2 of this Act. (b) Such notification shall cause the Administrator to initiate procedures to locate any equipment, fixtures, and appliances-- including, but not limited to, air conditioners and fans--that are currently available through the Federal Supply Service or any other entity overseeing surplus Federal property. (c) The Administrator shall initiate expedited procedures to distribute such property to representatives of States and municipalities affected by the heat emergency, and to social service agencies and individuals located in those areas.

Amends Federal law to require the Director of the National Weather Service to notify the Secretary of Health and Human Services of a heat emergency. Establishes an Emergency Cooling Fund to provide assistance to low-income families and senior citizens during a declared heat emergency. Makes senior citizens eligible for heat related assistance. Provides for the use of energy assistance funds during a heat emergency. Directs that the Administrator of the General Services Administration shall: (1) be notified of any declared heat emergency; and (2) expedite distribution of air conditioning units and other cooling equipment to affected localities.

[ 2, 0, 49134, 5, 1863, 9, 1309, 8, 3861, 1820, 36, 725, 6391, 43, 7, 35, 36, 134, 43, 694, 13, 4660, 7, 70, 25709, 17779, 591, 11940, 8, 7195, 13, 5, 13428, 9, 10, 2998, 2859, 1437, 50136, 17615, 29377, 4, 178, 36, 176, 43, 5...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alisa's Law of 2014''. 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 adding at the end the following: ``Sec. 171. 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 that is greater than or equal to the lesser of-- ``(A) the blood alcohol concentration limit of the State in which the individual is driving; and ``(B) 0.08 percent. ``(3) Ignition interlock device.--The term `ignition interlock device' means an in-vehicle device that-- ``(A) requires a driver to provide a breath sample prior to the motor vehicle starting; and ``(B) 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.--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. ``(c) Withholding of Funds for Noncompliance.-- ``(1) Fiscal year 2015.--On October 1, 2014, 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 2016.--On October 1, 2015, 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 2017 and thereafter.--On October 1, 2016, 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 chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``171. Use of ignition interlock devices to prevent repeat intoxicated driving.''.

Alisa's Law of 2014 - Directs the Secretary of Transportation (DOT) to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway funds for FY2015-FY2017 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 greater than or equal to the lesser of: (1) the blood alcohol concentration limit of the state in which the individual is driving, or (2) 0.08%. Requires an ignition interlock device to: (1) require a driver to provide a breath sample before the motor vehicle starts, and (2) prevent a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit.

[ 2, 0, 7083, 6619, 18, 2589, 9, 777, 111, 1918, 8845, 5, 315, 532, 8302, 7, 18262, 5, 304, 9, 32026, 3222, 8292, 2110, 7, 2097, 7230, 13888, 4, 46233, 10, 1393, 7, 694, 10, 8016, 7728, 4, 46233, 5, 331, 7, 35, 36, 134, 43, 80...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker-Executive Parity Act of 2009''. SEC. 2. TREATMENT FOR COVERED DEFERRED EXECUTIVE COMPENSATION ARRANGEMENTS WHICH IS COMPARABLE TO CERTAIN FUNDING-BASED LIMITS ON BENEFITS AND BENEFIT ACCRUALS IMPOSED ON DEFINED BENEFIT PENSION PLANS. (a) In General.--Section 206(g) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)) is amended-- (1) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and (2) by inserting after paragraph (8) the following new paragraph: ``(9) Comparable treatment for covered deferred executive compensation arrangements.-- ``(A) In general.--In any case in which a limitation applies under paragraph (2), (3), or (4) for any plan year in the case of a defined benefit plan which is a single-employer plan-- ``(i) no amount of deferred compensation may accrue to a disqualified individual during such plan year under the terms of any covered deferred executive compensation arrangement maintained by the plan sponsor (irrespective of whether the accrual in deferred compensation is expressed in the form of a promise, a guarantee, or any other representation), and ``(ii) in the case of such an arrangement established during or after the 1-year period preceding such plan year (or any amendment to such an arrangement if such amendment is adopted during or after such 1-year period), no distribution of accrued deferred compensation may be made under such arrangement (or such amendment) to a disqualified individual during such plan year. ``(B) Covered deferred executive compensation arrangement defined.-- ``(i) In general.--For purposes of this paragraph, the term `covered deferred executive compensation arrangement' means any arrangement providing for the deferral of compensation of a disqualified individual, whether or not-- ``(I) compensation of the disqualified individual which is deferred under such arrangement is subject to substantial risk of forfeiture, ``(II) the disqualified individual's rights to the compensation deferred under the arrangement are no greater than the rights of a general creditor of the plan sponsor, ``(III) all amounts set aside (directly or indirectly) for purposes of paying the deferred compensation (including income), and all income attributable to such amounts, remain (until made available to the disqualified individual or other beneficiary) solely the property of the plan sponsor (without being restricted to the provision of benefits under the arrangement), ``(IV) the amounts referred to in subclause (III) are available to satisfy the claims of the plan sponsor's general creditors at all times (not merely after bankruptcy or insolvency), and ``(V) some or all of the compensation of the disqualified individual which is deferred under such arrangement is guaranteed by an insurance company, insurance service, or other similar organization. ``(ii) Exception for qualified arrangements.--Such term shall not include a arrangement that is-- ``(I) described in section 219(g)(5)(A) of the Internal Revenue Code of 1986, or ``(II) an eligible deferred compensation plan (as defined in section 457(b) of such Code) of an eligible employer described in section 457(e)(1)(A) of such Code. ``(C) Disqualified individual defined.--For purposes of this paragraph, the term `disqualified individual' means a director or executive officer of the plan sponsor.''. (b) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after the date of the enactment of this Act.

Worker-Executive Parity Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), in instances where a single-employer defined benefit pension plan is subject to certain funding-based limits on benefits and benefit accruals under the Pension Protection Act of 2006, to prohibit: (1) the accrual of deferred compensation to a disqualified individual pursuant to a covered deferred executive compensation arrangement during a plan year; and (2) the distribution of accrued deferred compensation to such individual during a plan year when such arrangements are established during or after the one-year period preceding the plan year.

[ 2, 0, 21461, 254, 12, 36545, 2884, 1571, 1783, 9, 1437, 36440, 27203, 23301, 111, 1918, 8845, 5, 30405, 15026, 9628, 2010, 1783, 9, 15524, 36, 2076, 30483, 43, 7, 694, 13, 5, 22992, 7085, 9, 4660, 9, 10, 16899, 1031, 4660, 7, 10, ...

SECTION 1. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Conservation area.--The term ``Conservation Area'' means the Las Cienegas National Conservation Area established by section 4(a). (2) Acquisition planning district.--The term ``Acquisition Planning District'' means the Sonoita Valley Acquisition Planning District established by section 2(a). (3) Management plan.--The term ``management plan'' means the management plan for the Conservation Area. (4) Public lands.--The term ``public lands'' has the meaning given the term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)), except that such term shall not include interest in lands not owned by the United States. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. ESTABLISHMENT OF THE SONOITA VALLEY ACQUISITION PLANNING DISTRICT. (a) In General.--In order to provide for future acquisitions of important conservation land within the Sonoita Valley region of the State of Arizona, there is hereby established the Sonoita Valley Acquisition Planning District. (b) Areas Included.--The Acquisition Planning District shall consist of approximately 142,800 acres of land in the Arizona counties of Pima and Santa Cruz, including the Conservation Area, as generally depicted on the map entitled ``Sonoita Valley Acquisition Planning District and Las Cienegas National Conservation Area'' and dated October 2, 2000. (c) Map and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Acquisition Planning District. In case of a conflict between the map referred to in subsection (b) and the map and legal description submitted by the Secretary, the map referred to in subsection (b) shall control. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such map and legal description. Copies of the map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, and in the appropriate office of the Bureau of Land Management in Arizona. SEC. 3. PURPOSES OF THE ACQUISITION PLANNING DISTRICT. (a) In General.--The Secretary shall negotiate with land owners for the acquisition of lands and interest in lands suitable for Conservation Area expansion that meet the purposes described in section 4(a). The Secretary shall only acquire property under this Act pursuant to section 7. (b) Federal Lands.--The Secretary, through the Bureau of Land Management, shall administer the public lands within the Acquisition Planning District pursuant to this Act and the applicable provisions of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), subject to valid existing rights, and in accordance with the management plan. Such public lands shall become part of the Conservation Area when they become contiguous with the Conservation Area. (c) Fish and Wildlife.--Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Arizona with respect to fish and wildlife within the Acquisition Planning District. (d) Protection of State and Private Lands and Interests.--Nothing in this Act shall be construed as affecting any property rights or management authority with regard to any lands or interest in lands held by the State of Arizona, any political subdivision of the State of Arizona, or any private property rights within the boundaries of the Acquisition Planning District. (e) Public Lands.--Nothing in this Act shall be construed as in any way diminishing the Secretary's or the Bureau of Land Management's authorities, rights, or responsibilities for managing the public lands within the Acquisition Planning District. (f) Coordinated Management.--The Secretary shall coordinate the management of the public lands within the Acquisition Planning District with that of surrounding county, State, and private lands consistent with the provisions of subsection (d). SEC. 4. ESTABLISHMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION AREA. (a) In General.--In order to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important aquatic, wildlife, vegetative, archaeological, paleontological, scientific, cave, cultural, historical, recreational, educational, scenic, rangeland, and riparian resources and values of the public lands described in subsection (b) while allowing livestock grazing and recreation to continue in appropriate areas, there is hereby established the Las Cienegas National Conservation Area in the State of Arizona. (b) Areas Included.--The Conservation Area shall consist of approximately 42,000 acres of public lands in the Arizona counties of Pima and Santa Cruz, as generally depicted on the map entitled ``Sonoita Valley Acquisition Planning District and Las Cienegas National Conservation Area'' and dated October 2, 2000. (c) Maps and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Conservation Area. In case of a conflict between the map referred to in subsection (b) and the map and legal description submitted by the Secretary, the map referred to in subsection (b) shall control. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such map and legal description. Copies of the map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, and in the appropriate office of the Bureau of Land Management in Arizona. (d) Forest Lands.--Any lands included in the Coronado National Forest that are located within the boundaries of the Conservation Area shall be considered to be a part of the Conservation Area. The Secretary of Agriculture shall revise the boundaries of the Coronado National Forest to reflect the exclusion of such lands from the Coronado National Forest. SEC. 5. MANAGEMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION AREA. (a) In General.--The Secretary shall manage the Conservation Area in a manner that conserves, protects, and enhances its resources and values, including the resources and values specified in section 4(a), pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable law, including this Act. (b) Uses.--The Secretary shall allow only such uses of the Conservation Area as the Secretary finds will further the purposes for which the Conservation Area is established as set forth in section 4(a). (c) Grazing.--The Secretary of the Interior shall permit grazing subject to all applicable laws, regulations, and Executive orders consistent with the purposes of this Act. (d) Motorized Vehicles.--Except where needed for administrative purposes or to respond to an emergency, use of motorized vehicles on public lands in the Conservation Area shall be allowed only-- (1) before the effective date of a management plan prepared pursuant to section 6, on roads and trails designated for use of motorized vehicles in the management plan that applies on the date of the enactment of this Act; and (2) after the effective date of a management plan prepared pursuant to section 6, on roads and trails designated for use of motor vehicles in that management plan. (e) Military Airspace.--Prior to the date of the enactment of this Act the Federal Aviation Administration approved restricted military airspace (Areas 2303A and 2303B) which covers portions of the Conservation Area. Designation of the Conservation Area shall not impact or impose any altitude, flight, or other airspace restrictions on current or future military operations or missions. Should the military require additional or modified airspace in the future, the Congress does not intend for the designation of the Conservation Area to impede the military from petitioning the Federal Aviation Administration to change or expand existing restricted military airspace. (f) Access to State and Private Lands.--Nothing in this Act shall affect valid existing rights-of-way within the Conservation Area. The Secretary shall provide reasonable access to nonfederally owned lands or interest in lands within the boundaries of the Conservation Area. (g) Hunting.--Hunting shall be allowed within the Conservation Area in accordance with applicable laws and regulations of the United States and the State of Arizona, except that the Secretary, after consultation with the Arizona State wildlife management agency, may issue regulations designating zones where and establishing periods when no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment. (h) Preventative Measures.--Nothing in this Act shall preclude such measures as the Secretary determines necessary to prevent devastating fire or infestation of insects or disease within the Conservation Area. (i) No Buffer Zones.--The establishment of the Conservation Area shall not lead to the creation of protective perimeters or buffer zones around the Conservation Area. The fact that there may be activities or uses on lands outside the Conservation Area that would not be permitted in the Conservation Area shall not preclude such activities or uses on such lands up to the boundary of the Conservation Area consistent with other applicable laws. (j) Withdrawals.--Subject to valid existing rights all Federal lands within the Conservation Area and all lands and interest therein which are hereafter acquired by the United States are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the mining laws, and from operation of the mineral leasing and geothermal leasing laws and all amendments thereto. SEC. 6. MANAGEMENT PLAN. (a) Plan Required.--Not later than 2 years after the date of the enactment of this Act, the Secretary, through the Bureau of Land Management, shall develop and begin to implement a comprehensive management plan for the long-term management of the public lands within the Conservation Area in order to fulfill the purposes for which it is established, as set forth in section 4(a). Consistent with the provisions of this Act, the management plan shall be developed-- (1) in consultation with appropriate departments of the State of Arizona, including wildlife and land management agencies, with full public participation; (2) from the draft Empire-Cienega Ecosystem Management Plan/ EIS, dated October 2000, as it applies to Federal lands or lands with conservation easements; and (3) in accordance with the resource goals and objectives developed through the Sonoita Valley Planning Partnership process as incorporated in the draft Empire-Cienega Ecosystem Management Plan/EIS, dated October 2000, giving full consideration to the management alternative preferred by the Sonoita Valley Planning Partnership, as it applies to Federal lands or lands with conservation easements. (b) Contents.--The management plan shall include-- (1) provisions designed to ensure the protection of the resources and values described in section 4(a); (2) an implementation plan for a continuing program of interpretation and public education about the resources and values of the Conservation Area; (3) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resource objectives for the Conservation Area and with the other proposed management activities to accommodate visitors to the Conservation Area; (4) cultural resources management strategies for the Conservation Area, prepared in consultation with appropriate departments of the State of Arizona, with emphasis on the preservation of the resources of the Conservation Area and the interpretive, educational, and long-term scientific uses of these resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the Conservation Area; (5) wildlife management strategies for the Conservation Area, prepared in consultation with appropriate departments of the State of Arizona and using previous studies of the Conservation Area; (6) production livestock grazing management strategies, prepared in consultation with appropriate departments of the State of Arizona; (7) provisions designed to ensure the protection of environmentally sustainable livestock use on appropriate lands within the Conservation Area; (8) recreation management strategies, including motorized and nonmotorized dispersed recreation opportunities for the Conservation Area, prepared in consultation with appropriate departments of the State of Arizona; (9) cave resources management strategies prepared in compliance with the goals and objectives of the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.); and (10) provisions designed to ensure that if a road or trail located on public lands within the Conservation Area, or any portion of such a road or trail, is removed, consideration shall be given to providing similar alternative access to the portion of the Conservation Area serviced by such removed road or trail. (c) Cooperative Agreements.--In order to better implement the management plan, the Secretary may enter into cooperative agreements with appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(b)). (d) Research Activities.--In order to assist in the development and implementation of the management plan, the Secretary may authorize appropriate research, including research concerning the environmental, biological, hydrological, cultural, agricultural, recreational, and other characteristics, resources, and values of the Conservation Area, pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)). SEC. 7. LAND ACQUISITION. (a) In General.-- (1) Priority to conservation easements.--In acquiring lands or interest in lands under this section, the Secretary shall give priority to such acquisitions in the form of conservation easements. (2) Private lands.--The Secretary is authorized to acquire privately held lands or interest in lands within the boundaries of the Acquisition Planning District only from a willing seller through donation, exchange, or purchase. (3) County lands.--The Secretary is authorized to acquire county lands or interest in lands within the boundaries of the Acquisition Planning District only with the consent of the county through donation, exchange, or purchase. (4) State lands.-- (A) In general.--The Secretary is authorized to acquire lands or interest in lands owned by the State of Arizona located within the boundaries of the Acquisition Planning District only with the consent of the State and in accordance with State law, by donation, exchange, or purchase. (B) Consideration.--As consideration for the acquisitions by the United States of lands or interest in lands under this paragraph, the Secretary shall pay fair market value for such lands or shall convey to the State of Arizona all or some interest in Federal lands (including buildings and other improvements on such lands or other Federal property other than real property) or any other asset of equal value within the State of Arizona. (C) Transfer of jurisdiction.--All Federal agencies are authorized to transfer jurisdiction of Federal lands or interest in lands (including buildings and other improvements on such lands or other Federal property other than real property) or any other asset within the State of Arizona to the Bureau of Land Management for the purpose of acquiring lands or interest in lands as provided for in this paragraph. (b) Management of Acquired Lands.--Lands acquired under this section shall, upon acquisition, become part of the Conservation Area and shall be administered as part of the Conservation Area. These lands shall be managed in accordance with this Act, other applicable laws, and the management plan. SEC. 8. REPORTS TO CONGRESS. (a) Protection of Certain Lands.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report describing the most effective measures to protect the lands north of the Acquisition Planning District within the Rincon Valley, Colossal Cave area, and Agua Verde Creek corridor north of Interstate 10 to provide an ecological link to Saguaro National Park and the Rincon Mountains and contribute to local government conservation priorities. (b) Implementation of This Act.--Not later than 5 years after the date of the enactment of this Act, and at least at the end of every 10- year period thereafter, the Secretary shall submit to Congress a report describing the implementation of this Act, the condition of the resources and values of the Conservation Area, and the progress of the Secretary in achieving the purposes for which the Conservation Area is established as set forth in section 4(a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary to develop and begin to implement a comprehensive management plan for the long-term management of the Area. Authorizes the Secretary to acquire for the Area surrounding lands within the District owned by private individuals, local counties, or the State of Arizona. Requires the Secretary to report to Congress: (1) describing the most effective measures for the protection of certain lands north of the District; and (2) five years after the enactment of this Act, and at least every ten years thereafter, on the implementation of this Act.

[ 2, 0, 49134, 5, 1863, 9, 8004, 7, 2179, 8, 1642, 7, 5731, 10, 5145, 563, 13, 5, 251, 12, 1279, 1052, 9, 5, 285, 8952, 624, 5, 28912, 9619, 1384, 4, 46233, 5, 1863, 7, 35, 36, 134, 43, 2179, 10, 5145, 1437, 11181, 13, 5, 12...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Campaign Reform Act''. SEC. 2. INCOME TAX CREDIT FOR CONGRESSIONAL CAMPAIGN CONTRIBUTIONS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 23 the following new section: ``SEC. 24. CONGRESSIONAL CAMPAIGN CONTRIBUTIONS. ``(a) General Rule.--In the case of an individual, there shall be allowed, subject to the limitations in subsection (b), as a credit against the tax imposed by this chapter for the taxable year, an amount equal to the sum of-- ``(1) 100 percent of the portion of all qualified congressional campaign contributions which does not exceed $25, and ``(2) 50 percent of the remaining portion of all qualified congressional campaign contributions. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) for a taxable year shall not exceed $100 ($200 in the case of a joint return). ``(2) Verification.--A credit shall be allowed by subsection (a) with respect to any contribution only if the contribution is verified in the manner prescribed by the Secretary in regulations. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified congressional campaign contribution.--The term `qualified congressional campaign contribution' means a contribution or gift of money-- ``(A) payment of which is made during the taxable year to an individual who is a candidate for nomination or election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress in any primary, general, or special election, for use by the individual to further the candidacy of the individual for nomination or election to the office, and ``(B) which is from a taxpayer (or either spouse in the case of a joint return) who is a resident of the State in which the election is held. ``(2) Candidate.--The term `candidate' means an individual who-- ``(A) publicly announces before the close of the calendar year following the calendar year in which the contribution or gift is made that the individual is a candidate for nomination or election to an office referred to in paragraph (1)(A), and ``(B) meets the qualifications prescribed by law to hold the office. ``(d) Inflation Adjustment.--In the case of any taxable year beginning in a calendar year after 1994, each dollar amount contained in subsections (a) and (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1994' for `calendar year 1989' in subparagraph (B) of such section. ``(e) Credit not Allowed to Estates and Trusts.--No credit shall be allowed under this section to any estate or trust.''. (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 23 the following new item: ``Sec. 24. Congressional campaign contributions.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 3. REDUCTION IN THE CEILING ON MULTICANDIDATE POLITICAL COMMITTEE CONTRIBUTIONS TO CANDIDATES. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by striking out ``$5,000'' and inserting in lieu thereof ``$2,500''. SEC. 4. INCREASE IN THE CEILING ON CONTRIBUTIONS TO CANDIDATES BY PERSONS OTHER THAN MULTICANDIDATE POLITICAL COMMITTEES. Section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking out ``$1,000'' and inserting in lieu thereof ``$2,000''. SEC. 5. PROHIBITION OF LEADERSHIP COMMITTEES. Section 302 of the Federal Election Campaign Act of 1971 (2 U.S.C. 432) is amended by adding at the end the following new subsection: ``(j) A candidate for Federal office may not establish, maintain, finance, or control a political committee other than the principal campaign committee of the candidate.''. SEC. 6. PROHIBITION OF CONTRIBUTIONS BETWEEN MULTICANDIDATE POLITICAL COMMITTEES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) No multicandidate political committee may make any contribution to another multicandidate political committee.''. SEC. 7. ADDITIONAL REPORTING REQUIREMENTS FOR CERTAIN CONTRIBUTIONS. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d) In addition to any other reporting requirement under this section, each authorized committee of a candidate shall include in any report of contributions to such committee, with respect to any contribution of more than $25, the name and mailing address of the person making the contribution, and, in the case of a contribution by an individual, the occupation and the name of the employer of the individual.''. SEC. 8. NAME REQUIREMENT FOR CERTAIN SEPARATE SEGREGATED FUNDS. Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by adding at the end the following new sentence: ``Any separate segregated fund under subparagraph (C) that is a multicandidate political committee shall include in its name the name of the entity that establishes the fund.''. SEC. 9. SIGNATURE OF CANDIDATE REQUIRED ON REPORTS OF AUTHORIZED COMMITTEES. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 7, is further amended by adding at the end the following new subsection: ``(e) Any report required by this section with respect to an authorized committee of a candidate shall be signed by the candidate.''.

Common Sense Campaign Reform Act - Amends the Internal Revenue Code to allow a tax credit of up to $100 ($200 for a joint return) for qualified congressional campaign contributions. Amends the Federal Election Campaign Act of 1971 to reduce the ceiling (from $5,000 to $2,500) on multicandidate political committee (PAC) contributions to candidates for Federal office. Increases the ceiling (from $1,000 to $2,000) on contributions to such candidates by persons other than PACs. Prohibits a candidate for Federal office from establishing, maintaining, financing, or controlling a political committee (leadership committee) other than the principal campaign committee. Prohibits contributions between PACs. Requires the authorized committee of a candidate to include in the report of contributions to such committee certain identifying information of contributors of more than $25. Requires a separate segregated fund established by a national bank, corporation, or labor organization that is a PAC to include in its name the name of the establishing entity. Requires the candidate to sign any required reports.

[ 2, 0, 40437, 19484, 11068, 12287, 1783, 9, 16344, 111, 1918, 8845, 5, 18387, 5833, 8302, 9, 11265, 36, 5216, 347, 43, 7, 694, 13, 10, 629, 1361, 13, 43630, 463, 32890, 559, 5694, 4, 46233, 10, 1984, 13, 1853, 558, 7, 35, 36, 134...

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Counterfeit Merchandise Prevention Act''. SEC. 2. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT. Section 1905 of title 18, United States Code, is amended-- (1) by striking ``Whoever'' and inserting ``(a) In General.--Whoever''; and (2) by adding at the end the following: ``(b) Provision of Information Relating to Merchandise Presented to Customs.--It shall not be a violation of this section for an officer or employee of U.S. Customs and Border Protection, at the time that merchandise is presented for examination and thereafter, to provide to the owner of a copyright or a registered mark, or to any person who may be injured by a violation of section 1201 of title 17-- ``(1) any information appearing on the merchandise, including its retail packaging, ``(2) a sample of the merchandise and its retail packaging, or ``(3) digital images of the merchandise and its retail packaging, as it was presented to U.S. Customs and Border Protection, without redaction, whether imported into or exported from the United States, or attempted to be exported from the United States, for purposes of determining whether the merchandise or its retail packaging infringes the copyright, bears or consists of a counterfeit mark of the registered mark, or is in violation of section 1201 of title 17, as the case may be. ``(c) Provision of Information Relating to Seized Merchandise.--It shall not be a violation of this section for an officer or employee of U.S. Customs and Border Protection, after seizing merchandise pursuant to a determination that the merchandise is in violation of section 1201 of title 17, to provide, to persons injured by the violation, information with respect to the merchandise, including, but not limited to, the following: ``(1) The date of importation. ``(2) The port of entry. ``(3) The description of the merchandise from the entry. ``(4) The quantity involved. ``(5) The country of origin of the merchandise. ``(6) The name and address of the foreign manufacturer. ``(7) The name and address of the exporter. ``(8) The name and address of the importer. ``(9) Photographic or digital images of the merchandise. ``(d) Definitions.--As used in this section-- ``(1) the term `registered mark' has the meaning given that term in section 45 of the Lanham Act (15 U.S.C. 1127); ``(2) the term `Lanham Act' has the meaning given that term in section 2320(e) of this title; ``(3) the term `counterfeit mark' has the meaning given that term in section 2320(e) of this title; and ``(4) the term `without redaction' means, with respect to merchandise, without removing, revising, or otherwise obscuring any information, codes, marks, numbers, or any other markings that appear on the merchandise or its retail packaging. ``(e) Rule of Construction.--Subsections (b), (c), and (d) apply only with respect to tangible goods presented to U.S. Customs and Border Protection for importation into, or exportation from, the United States.''. SEC. 3. PREVENTION OF IMPORTATION OF MANUFACTURED GOODS BEARING INFRINGING MARKS. (a) In General.--Section 42 of the Lanham Act (15 U.S.C. 1124), is amended-- (1) in the first sentence, by striking ``Except as'' and inserting ``(a) In General.--Except as''; (2) by striking ``of the Treasury'' each place it appears and inserting ``of Homeland Security''; and (3) by adding at the end the following: ``(b) Detention of Critical Merchandise.--With respect to critical merchandise that bears a registered trademark recorded under subsection (a), if U.S. Customs and Border Protection detains the merchandise because the merchandise is suspected of bearing a counterfeit mark, then, upon such detention, the Secretary-- ``(1) shall provide to the owner of the registered trademark any information on the critical merchandise and its packaging and labels, including, without redaction, photographs or digital images of the critical merchandise, packaging, and labels; and ``(2) may, at any time, subject to any applicable bonding and return requirements, provide to the owner of the registered trademark samples of the critical merchandise, without redaction. ``(c) Definitions.--In this section: ``(1) Critical merchandise.-- ``(A) In general.--The term `critical merchandise' includes-- ``(i) aircraft engines, appliances, propellers, and spare parts; ``(ii) children's sleepwear; ``(iii) cosmetics; ``(iv) devices; ``(v) drugs; ``(vi) food; ``(vii) motor vehicle equipment; ``(viii) pesticide chemicals; ``(ix) semiconductors; ``(x) tobacco products; ``(xi) any item on the United States Munitions List established under section 38(a) of the Arms Export Control Act (22 U.S.C. 2778(a)); and ``(xii) any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the laws of the United States pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States. ``(B) Other definitions.--For purposes of subparagraph (A)-- ``(i) the terms `aircraft engine', `appliance', `propeller', and `spare part' have the meanings given those terms in section 40102(a) of title 49, United States Code; ``(ii) the term `children's sleepwear' has the meaning given that term in sections 1615.1 and 1616.2 of title 16, Code of Federal Regulations, or successor regulations; ``(iii) the terms `cosmetic', `device', `drug', `food', `pesticide chemical', and `tobacco product' have the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); ``(iv) the term `motor vehicle equipment' has the meaning given that term in section 30102(a) of title 49, United States Code; and ``(v) the term `semiconductor' means `semiconductor chip product' as defined in section 901 of title 17. ``(2) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``(3) Without redaction.--The term `without redaction' means, with respect to merchandise, without removing, revising, or otherwise obscuring any information, codes, marks, numbers, or any other markings that appear on the merchandise or its retail packaging. ``(d) Rule of Construction.--This section applies only with respect to tangible goods presented to U.S. Customs and Border Protection for importation into the United States.''. (b) Definition.--In this section, the term ``Lanham Act'' 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.). (c) Effective Date.--The amendments made by this section shall take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act.

Foreign Counterfeit Merchandise Prevention Act - Amends the federal criminal code to provide that it shall not be a violation of the prohibition against a federal employee disclosing trade secrets or other confidential or proprietary information for an officer or employee of U.S. Customs and Border Protection (CBP): (1) at the time that merchandise is presented for examination and thereafter, to provide the owner of a copyright or a registered mark or any person who may be injured by a circumvention of copyright protection systems with any information appearing on the merchandise, including its retail packaging, or a sample or image of such merchandise and its retail packaging, for the purposes of determining whether the merchandise or its packaging infringes the copyright, bears or consists of a counterfeit mark of the registered mark, or is a violation of copyright protection systems; or (2) after seizing merchandise determined to be in violation of copyright protection systems, to provide certain information to persons injured by such violation, including the date of importation, the port of entry, a description of the merchandise, the country of origin of the merchandise, the names and addresses of the foreign manufacturer, the exporter, and the importer, and a photographic or digital image of the merchandise. Applies such exemption only with respect to tangible goods presented to the CBP for importation into, or exportation from, the United States. Amends the Lanham Act to direct the Secretary of Homeland Security (DHS) (the Secretary) to record and transmit to customs officers any contact information, documentation of the locality in which goods were manufactured, and copies of trademark registrations furnished by domestic or eligible foreign manufacturers or traders for the purpose of aiding the enforcement of a prohibition on the importation of goods bearing infringing marks or names. (Currently, such activities are performed by the Secretary of the Treasury.) Requires the Secretary, if the CBP detains critical merchandise bearing a DHS-recorded registered trademark, to provide the trademark owner any information on such critical merchandise and its packaging and labels, including, without redaction, photographs or digital images, packaging, and labels. Permits the Secretary, subject to any bonding and return requirements, to provide the owner samples of the critical merchandise without redaction. Defines "critical merchandise" to include: (1) aircraft engines, appliances, propellers, and spare parts; (2) children's sleepwear, cosmetics, devices, drugs, food, motor vehicle equipment, pesticide chemicals, semiconductors, and tobacco products; (3) items on the U.S. Munitions List established under specified provisions of the Arms Export Control Act; and (4) any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the U.S. laws, pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States. Applies such Lanham Act amendments only with respect to tangible goods presented to the CBP for importation into the United States.

[ 2, 0, 37221, 19271, 7068, 405, 41013, 43876, 1437, 50136, 22763, 20874, 1783, 111, 46233, 5, 1863, 9, 9777, 2010, 36, 495, 6391, 43, 7, 35, 36, 134, 43, 694, 7, 5, 1945, 9, 10, 4857, 50, 10, 3382, 2458, 6, 36, 176, 43, 7, 694,...