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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Special Needs Trust Fairness and Medicaid Improvement Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Fairness in Medicaid supplemental needs trusts. Sec. 3. Medicaid coverage of tobacco cessation services for mothers of newborns. Sec. 4. Eliminating Federal financial participation with respect to expenditures under Medicaid for agents used for cosmetic purposes or hair growth. Sec. 5. Medicaid Improvement Fund. SEC. 2. FAIRNESS IN MEDICAID SUPPLEMENTAL NEEDS TRUSTS. (a) In General.--Section 1917(d)(4)(A) of the Social Security Act (42 U.S.C. 1396p(d)(4)(A)) is amended by inserting ``the individual,'' after ``for the benefit of such individual by''. (b) Effective Date.--The amendment made by subsection (a) shall apply to trusts established on or after the date of the enactment of this Act. SEC. 3. MEDICAID COVERAGE OF TOBACCO CESSATION SERVICES FOR MOTHERS OF NEWBORNS. (a) In General.--Section 1905(bb) of the Social Security Act (42 U.S.C. 1396d(bb)) is amended by adding at the end the following new paragraph: ``(4) A woman shall continue to be treated as described in this subsection as a pregnant woman through the end of the 1-year period beginning on the date of the birth of a child of the woman.''. (b) Conforming Amendments.-- (1) Subsections (a)(2)(B) and (b)(2)(B) of section 1916 of the Social Security Act (42 U.S.C. 1396o) are each amended by inserting ``(and women described in section 1905(bb) as pregnant women pursuant to paragraph (4) of such section)'' after ``tobacco cessation by pregnant women''. (2) Section 1927(d)(2)(F) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)(F)) is amended by inserting ``(and women described in section 1905(bb) as pregnant women pursuant to paragraph (4) of such section)'' after ``pregnant women''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply with respect to items and services furnished on or after the date that is 2 years after the date of the enactment of this Act. (2) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet any requirement imposed by amendments made by this section, the plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the effective date specified in paragraph (1). For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. (d) Report.--Not later than 2 years after the date of the enactment of this Act, the Inspector General of the Department of Health and Human Services shall submit to Congress a report that assesses the use of the tobacco cessation service benefit under the Medicaid program. Such report shall include an assessment of-- (1) the extent that States are encouraging the use of such benefit, such as through promotion of beneficiary and provider awareness of such benefit; and (2) gaps in the delivery of such benefit. SEC. 4. ELIMINATING FEDERAL FINANCIAL PARTICIPATION WITH RESPECT TO EXPENDITURES UNDER MEDICAID FOR AGENTS USED FOR COSMETIC PURPOSES OR HAIR GROWTH. (a) In General.--Section 1903(i)(21) of the Social Security Act (42 U.S.C. 1396b(i)(21)) is amended by inserting ``section 1927(d)(2)(C) (relating to drugs when used for cosmetic purposes or hair growth), except where medically necessary, and'' after ``drugs described in''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to calendar quarters beginning on or after the date of the enactment of this Act. SEC. 5. MEDICAID IMPROVEMENT FUND. Section 1941(b) of the Social Security Act (42 U.S.C. 1396w-1(b)) is amended-- (1) in paragraph (2)-- (A) by striking ``under paragraph (1)'' and inserting ``under this subsection''; and (B) by redesignating such paragraph as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Additional funding.--In addition to any funds otherwise made available to the Fund, there shall be available to the Fund, for expenditures from the Fund-- ``(A) for fiscal year 2021, $10,000,000, to remain available until expended; and ``(B) for fiscal year 2022, $14,000,000, to remain available until expended.''. Passed the House of Representatives September 20, 2016. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on September 9, 2016. Special Needs Trust Fairness and Medicaid Improvement Act (Sec. 2) This bill amends title XIX (Medicaid) of the Social Security Act with respect to the treatment of revocable trusts for the benefit of an individual for purposes of meeting income requirements for Medicaid coverage. The bill extends the supplemental needs trust exemption from treatment of a trust as resources available to the individual to supplemental needs trusts for Medicaid beneficiaries established by those beneficiaries. (Sec. 3) Medicaid coverage of tobacco cessation services shall continue to be provided for mothers of newborns through the first year after the child's birth. The Inspector General of the Department of Health and Human Services must report to the Congress on the use of the tobacco cessation service benefit under the Medicaid program. (Sec. 4) The bill eliminates federal financial participation regarding expenditures under Medicaid for drugs used for cosmetic purposes or hair growth, except where such drugs are medically necessary. (Sec. 5) The bill makes additional funding available to the Medicaid Improvement Fund for FY2021 and FY2022.

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SECTION 1. PROCEDURES ON DEFAULT OF HOUSING LOANS. (a) In General.--Paragraph (2) of section 3732(a) of title 38, United States Code, is amended to read as follows: ``(2)(A) Before suit or foreclosure the holder of the obligation shall notify the Secretary of the default. Before the holder carries out a liquidation sale of real property securing a defaulted loan, the Secretary within 60 days after notification of default may, at the Secretary's option, pay the holder of the obligation the unpaid balance of the obligation plus accrued interest and reimburse the holder for such advances, costs, and attorney fees as the Secretary finds were properly and reasonably incurred in connection with the default and receive an assignment of the loan and security. Nothing in this section shall preclude any forebearance for the benefit of the mortgagor as may be agreed upon by the parties to the loan and approved by the Secretary. ``(B) Within 10 days after receiving a notice of default pursuant to paragraph (1) of this subsection, the Secretary shall notify the mortgagor that the Secretary may purchase the loan from the holder. The notification shall specify-- ``(i) that if the Secretary purchases the loan, the Secretary-- ``(I) has the authority to modify the loan instruments by temporarily or permanently lowering the interest rate or by extending or reamortizing the loan; and ``(II) may grant forbearance of interest or principal or both for a period of not more than 12 months; ``(ii) that if the mortgagor wants the Secretary to purchase the loan, the mortgagor must submit a written request to the Secretary within 20 days of receipt of the Secretary's notification; and ``(iii) the consequences to the mortgagor if the Secretary purchases the loan. ``(C) Upon receiving a request from the mortgagor to purchase the loan pursuant to subparagraph (B) of this paragraph, the Secretary, for the purpose of avoiding foreclosure, may purchase the loan in accordance with subparagraph (A). The Secretary shall purchase the loan from the holder of the obligation if-- ``(i) the default was caused by circumstances beyond the control of the mortgagor and rendered the mortgagor temporarily unable to correct a mortgage delinquency and to resume full mortgage payments; and ``(ii) it is determined that-- ``(I) the holder is unwilling to grant further forbearance; ``(II) the mortgagor desires to retain and occupy the property; ``(III) the mortgagor has maintained the property in good condition or, if major repairs are required, such repairs are due to circumstances which were beyond the mortgagor's control; ``(IV) the estimated net value of the property exceeds the unguaranteed portion of the loan; and ``(V) there is a reasonable prospect that the mortgagor will be able to resume mortgage payments within 12 months after the Secretary purchases the loan. ``(D) The Secretary may provide assistance, under such terms and conditions as the Secretary may provide, to a mortgagor whose loan has been purchased under the provisions of subparagraph (C) of this paragraph by-- ``(i) modifying the loan instruments to lower the interest rate or to extend or to reamortize the loan; and ``(ii) granting forbearance of interest or principal or both for a period of not more than 12 months. ``(E) If the Secretary decides not to purchase the loan-- ``(i) the Secretary shall notify the mortgagor of the decision and its basis within 30 days after receiving a written request from the mortgagor asking the Secretary to purchase the loan pursuant to subparagraph (C) of this paragraph; and ``(ii) if the mortgagor is a veteran and used the veteran's entitlement under section 3702 to obtain the loan or substituted entitlement as described in section 3702(b)(2) to purchase real property securing a loan guaranteed under this chapter, notice under clause (i) shall include notice of the right of appeal. ``(F) The Secretary shall obtain and hold in safekeeping a quit claim deed from the mortgagor to the Secretary for the real property securing the loan after the loan is purchased from the loan holder and before the Secretary makes any modification to the loan instruments or grants any forbearance. If the mortgagor brings the loan current and keeps the loan current for 12 consecutive months, the unrecorded quit claim deed shall be returned to the mortgagor. If, exclusive of any period of forbearance, the loan becomes 6 months delinquent, the Secretary may record the quit claim deed and acquire the property securing the loan without incurring substantial delays and foreclosure expenses. Nothing in this section shall preclude the Secretary from initiating foreclosure before the loan becomes 6 months delinquent if the Secretary believes it is in the best interest of the United States to do so. ``(G) For the purposes of sections 3720(e) and (h), loans purchased pursuant to subparagraph (C) that are not in default and that have not been in default for at least 12 consecutive months shall be included in pools of mortgage loans with respect to which certificates or other securities are issued or guaranteed.''. (b) Personnel.--Section 3732(a)(4) of title 38, United States Code, is amended-- (1) by striking out subparagraph (B); and (2) in paragraph (4) (as amended by paragraph (1) of this subsection), by striking out ``(A)''; (3) in paragraph (4) (as amended by paragraph (2) of this subsection)-- (A) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (B) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively. (c) Extension of Procedure for Liquidation Sales.--Subsection (c) section 3732(c) of title 38, United States Code, is amended by striking out paragraph (11). (d) Effective Date.--The amendments made by subsection (a) shall apply to any housing loan guaranteed under chapter 37 of title 38, United States Code, with respect to which the Secretary of Veterans Affairs receives notice of default after the date of enactment of this Act.

Revises provisions with respect to the loan default procedure for veterans' housing loans guaranteed by the Department of Veterans Affairs. Authorizes the Secretary of Veterans Affairs to reimburse the holder of the loan obligation for such advances, costs, and attorney's fees properly and reasonably incurrred in connection with the default and to receive an assignment of the loan and security. Directs the Secretary to notify the mortgagor, within ten days after receiving a notice of default from the veteran, that the Secretary may purchase the loan from the holder. Outlines notification and loan purchase requirements. Directs the Secretary to obtain and hold a quitclaim deed from the mortgagor to the Secretary for the real property securing the loan after the loan is purchased from the loan holder and before the Secretary makes any modifications to the loan instruments or grants any forbearance. Allows such unrecorded quitclaim deed to be returned to the mortgagor if the mortgagor brings the loan current and keeps it current for 12 consecutive months. Makes permanent all such loan default procedures (currently terminated as of December 31, 1992).

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Infrastructure Financing Act of 2005''. SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS. Section 601(a) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all that follows through the period at the end and inserting ``to accomplish the purposes of this Act.''. SEC. 3. CAPITALIZATION GRANTS AGREEMENTS. (a) Requirements for Construction of Treatment Works.--Section 602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)(6)) is amended-- (1) by striking ``before fiscal year 1995''; and (2) by striking ``201(b)'' and all that follows through ``218,'' and inserting ``211,''. (b) Guidance for Small Systems.--Section 602 of the Federal Water Pollution Control Act (33 U.S.C. 1382) is amended by adding at the end the following: ``(c) Guidance for Small Systems.-- ``(1) Simplified procedures.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall assist the States in establishing simplified procedures for small systems to obtain assistance under this title. ``(2) Publication of manual.--Not later than 1 year after the date of enactment of this subsection, after providing notice and opportunity for public comment, the Administrator shall publish-- ``(A) a manual to assist small systems in obtaining assistance under this title; and ``(B) in the Federal Register, notice of the availability of the manual. ``(3) Definition of small system.--In this title, the term `small system' means a system for which a municipality or intermunicipal, interstate, or State agency seeks assistance under this title and that serves a population of 20,000 or fewer inhabitants.''. SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS. (a) Activities Eligible for Assistance.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (c) and inserting the following: ``(c) Activities Eligible for Assistance.-- ``(1) In general.--The water pollution control revolving fund of a State shall be used only for providing financial assistance for activities that have, as a principal benefit, the improvement or protection of the water quality of navigable waters to a municipality, intermunicipal, interstate, or State agency, or other person, including activities such as-- ``(A) construction of a publicly owned treatment works; ``(B) implementation of lake protection programs and projects under section 314; ``(C) implementation of a nonpoint source management program under section 319; ``(D) implementation of an estuary conservation and management plan under section 320; ``(E) restoration or protection of publicly or privately owned riparian areas, including acquisition of property rights; ``(F) implementation of measures to improve the efficiency of public water use; ``(G) development and implementation of plans by a public recipient to prevent water pollution; and ``(H) acquisition of land necessary to meet any mitigation requirements related to construction of a publicly owned treatment works. ``(2) Fund amounts.-- ``(A) Repayments.--The water pollution control revolving fund of a State shall be established, maintained, and credited with repayments. ``(B) Availability.--The balance in the fund shall be available in perpetuity for providing financial assistance described in paragraph (1). ``(C) Fees.--Fees charged by a State to recipients of the assistance may be deposited in the fund and may be used only to pay the cost of administering this title.''. (b) Extended Repayment Period for Financially Distressed Communities.--Section 603(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended-- (1) in subparagraph (A), by inserting after ``20 years'' the following: ``or, in the case of a financially distressed community, the lesser of 40 years or the expected life of the project to be financed with the proceeds of the loan''; and (2) in subparagraph (B), by striking ``not later than 20 years after project completion'' and inserting ``on the expiration of the term of the loan''. (c) Loan Guarantees.--Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended by striking paragraph (5) and inserting the following: ``(5) to provide loan guarantees for-- ``(A) similar revolving funds established by municipalities or intermunicipal agencies; and ``(B) developing and implementing innovative technologies;''. (d) Administrative Expenses.--Section 603(d)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by inserting before the period at the end the following: ``or the greater of $400,000 per year or an amount equal to \1/2\ percent per year of the current valuation of the fund, plus the amount of any fees collected by the State under subsection (c)(2)(C)''. (e) Technical and Planning Assistance for Small Systems.--Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(8) to provide to small systems technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, repair schedules, and other activities to improve wastewater treatment plant operations, except that the amounts used under this paragraph for a fiscal year shall not exceed 2 percent of all grants provided to the fund for the fiscal year under this title.''. (f) Consistency With Planning Requirements.--Section 603(f) of the Federal Water Pollution Control Act (33 U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting ``is not inconsistent''. (g) Construction Assistance.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (g) and inserting the following: ``(g) Construction Assistance.-- ``(1) Priority list requirement.--The State may provide financial assistance from the water pollution control revolving fund of the State for a project for construction of a publicly owned treatment works only if the project is on the priority list of the State under section 216, without regard to the rank of the project on the list. ``(2) Eligibility of certain treatment works.--A treatment works shall be treated as a publicly owned treatment works for purposes of subsection (c) if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage.''. (h) Principal Subsidization.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end the following: ``(i) Principal Subsidization.-- ``(1) In general.--Subject to paragraph (2), in a case in which a State makes a loan under subsection (d)(1) to a financially distressed community, the State may provide additional subsidization to the loan recipient (including forgiveness of principal). ``(2) Limitation.--For each fiscal year, the total amount of loan subsidies made by a State under this subsection shall not exceed 30 percent of the amount of the capitalization grant received by the State for that fiscal year. ``(j) Information to Assist States.--The Administrator may publish information to assist States in establishing the affordability criteria referred to in subsection (l). ``(k) Priority.--In making a loan under this section, a State may give priority to a financially distressed community. ``(l) Definition of Financially Distressed Community.--In this section, the term `financially distressed community' means any community that meets affordability criteria that are-- ``(1) established by the State in which the community is located; and ``(2) developed after public review and comment.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended by striking ``the following sums:'' and all that follows through the period at the end of paragraph (5) and inserting ``$4,000,000,000 for each of fiscal years 2006 through 2010.''.

Clean Water Infrastructure Financing Act of 2005 - Amends the Federal Water Pollution Control Act to eliminate certain restrictions on capitalization grants to states under the water pollution control revolving fund program and to direct the Administrator of the Environmental Protection Agency (EPA) to make such grants to accomplish the purposes of the Act. Revises certain requirements for the construction of publicly-owned treatment works under capitalization grant agreements. Directs the Administrator to assist states in establishing simplified procedures for small water systems (serving populations of 20,000 or less) to obtain assistance under the Act. Requires state water pollution control revolving funds to be used only for providing assistance for activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Makes revisions concerning uses of funds for: (1) innovative technologies; (2) administrative expenses; (3) small system technical, planning, and management assistance; (4) financially distressed communities; and (5) construction assistance. Authorizes states to give priority to financially distressed communities in making loans from revolving funds. Reauthorizes appropriations for FY2006-2010 for the water pollution control revolving fund program.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Safety Net Access Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Supplemental reimbursement for Federally qualified health centers participating in medicare managed care. Sec. 3. Revision of Federally qualified health center payment limits. Sec. 4. Coverage of additional Federally qualified health center services. Sec. 5. Providing safe harbor for certain collaborative efforts that benefit medically underserved populations. SEC. 2. SUPPLEMENTAL REIMBURSEMENT FOR FEDERALLY QUALIFIED HEALTH CENTERS PARTICIPATING IN MEDICARE MANAGED CARE. (a) Supplemental Reimbursement.-- (1) In general.--Section 1833(a)(3) of the Social Security Act (42 U.S.C. 1395l(a)(3)) is amended to read as follows: ``(3) in the case of services described in section 1832(a)(2)(D)-- ``(A) except as provided in subparagraph (B), the costs which are reasonable and related to the cost of furnishing such services or which are based on such other tests of reasonableness as the Secretary may prescribe in regulations, including those authorized under section 1861(v)(1)(A), less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A), but in no case may the payment for such services (other than for items and services described in section 1861(s)(10)(A)) exceed 80 percent of such costs; or ``(B) with respect to the services described in clause (ii) of section 1832(a)(2)(D) that are furnished to an individual enrolled with a Medicare+Choice organization under part C pursuant to a written agreement described in section 1853(j), the amount by which-- ``(i) the amount of payment that would have otherwise been provided under subparagraph (A) (calculated as if `100 percent' were substituted for `80 percent' in such subparagraph) for such services if the individual had not been so enrolled; exceeds ``(ii) the amount of the payments received under such written agreement for such services (not including any financial incentives provided for in such agreement such as risk pool payments, bonuses, or withholds), less the amount the Federally qualified health center may charge as described in section 1857(e)(3)(C);''. (b) Continuation of Medicare+Choice Monthly Payments.-- (1) In general.--Section 1853 of the Social Security Act (42 U.S.C. 1395w-23) is amended by adding at the end the following new subsection: ``(j) Special Payment Rule for Federally Qualified Health Center Services.--If an individual who is enrolled with a Medicare+Choice organization under this part receives a service from a Federally qualified health center that has a written agreement with such organization for providing such a service (including any agreement required under section 1857(e)(3))-- ``(1) the Secretary shall pay the amount determined under section 1833(a)(3)(B) directly to the Federally qualified health center not less frequently than quarterly; and ``(2) the Secretary shall not reduce the amount of the monthly payments to the Medicare+Choice organization made under section 1853(a) as a result of the application of paragraph (1).''. (2) Conforming amendments.-- (A) Paragraphs (1) and (2) of section 1851(i) of the Social Security Act (42 U.S.C. 1395w-21(i)(1)) are each amended by inserting ``1853(j),'' after ``1853(h),''. (B) Section 1853(c)(5) is amended by striking ``subsections (a)(3)(C)(iii) and (i)'' and inserting ``subsections (a)(3)(C)(iii), (i), and (j)(1)''. (c) Additional Medicare+Choice Contract Requirements.--Section 1857(e) of the Social Security Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the following new paragraph: ``(3) Agreements with federally qualified health centers.-- ``(A) Ensuring equal access to services of fqhcs.-- A contract under this part shall require the Medicare+Choice organization to enter into (and to demonstrate to the Secretary that it has entered into) a sufficient number of written agreements with Federally qualified health centers providing Federally qualified health center services for which payment may be made under this title in the service area of each Medicare+Choice plan offered by such organization so that such services are reasonably available to individuals enrolled in the plan. ``(B) Ensuring equal payment levels and amounts.--A contract under this part shall require the Medicare+Choice organization to provide a level and amount of payment to each Federally qualified health center for services provided by such health center that are covered under the written agreement described in subparagraph (A) that is not less than the level and amount of payment that the organization would make for such services if the services had been furnished by a provider of services that was not a Federally qualified health center. ``(C) Cost-sharing.--Under the written agreement described in subparagraph (A), a Federally qualified health center must accept the Medicare+Choice contract price plus the Federal payment as payment in full for services covered by the contract, except that such a health center may collect any amount of cost-sharing permitted under the contract under this part, so long as the amounts of any deductible, coinsurance, or copayment comply with the requirements under section 1854(e) and do not result in a total payment to the center in excess of the amount determined under section 1833(a)(3)(A) (calculated as if `100 percent' were substituted for `80 percent' in such section).''. (d) Safe Harbor From Antikickback Prohibition.--Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended-- (1) in subparagraph (E), by striking ``and'' after the semicolon at the end; (2) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) any remuneration between a Federally qualified health center (or an entity controlled by such a health center) and a Medicare+Choice organization pursuant to the written agreement described in section 1853(j).''. (e) Effective Date.--The amendments made by this section shall apply to services provided on or after January 1, 2003, and contract years beginning on or after such date. SEC. 3. REVISION OF FEDERALLY QUALIFIED HEALTH CENTER PAYMENT LIMITS. (a) Per Visit Payment Requirements for FQHCs.--Section 1833(a)(3)(A) of the Social Security Act (42 U.S.C. 1395l(a)(3)(A)), as amended by section 2(a), is amended by adding ``(which regulations may not limit the per visit payment amount, or a component of such amount, for services described in section 1832(a)(2)(D)(ii))'' after ``the Secretary may prescribe in regulations''. (b) Effective Date.--The amendment made by subsection (a) shall apply to services provided on or after January 1, 2003. SEC. 4. COVERAGE OF ADDITIONAL FEDERALLY QUALIFIED HEALTH CENTER SERVICES. (a) Coverage for FQHC Ambulatory Services.--Section 1861(aa)(3) of the Social Security Act (42 U.S.C. 1395x(aa)(3)) is amended to read as follows: ``(3) The term `Federally qualified health center services' means-- ``(A) services of the type described in subparagraphs (A) through (C) of paragraph (1), and such other services furnished by a Federally qualified health center for which payment may otherwise be made under this title if such services were furnished by a health care provider or health care professional other than a Federally qualified health center; and ``(B) preventive primary health services that a center is required to provide under section 330 of the Public Health Service Act, when furnished to an individual as a patient of a Federally qualified health center.''. (b) Offsite FQHC Services.-- (1) Patients of hospitals and critical access hospitals.-- Section 1862(a)(14) of the Social Security Act (42 U.S.C. 1395y(a)) is amended by inserting ``Federally qualified health center services,'' after ``qualified psychologist services,''. (2) Exclusion of federally qualified health center services from the pps for skilled nursing facilities.--Section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) is amended-- (A) in paragraph (2)(A)(i)(II), by striking ``clauses (ii) and (iii)'' and inserting ``clauses (ii) through (iv)''; and (B) by adding at the end of paragraph (2)(A) the following new clause: ``(iv) Exclusion of federally qualified health center services.--Services described in this clause are Federally qualified health center services (as defined in section 1861(aa)(3)).''. (c) Technical Corrections.-- (1) Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``subsection (hh)(1)),,'' and inserting ``subsection (hh)(1)),''. (2) Clauses (i) and (ii)(II) of section 1861(aa)(4)(A) of the Social Security Act (42 U.S.C. 1395x(aa)(4)(A)) are each amended by striking ``(other than subsection (h))''. (d) Effective Dates.--The amendments made-- (1) by subsections (a) and (b) shall apply to services furnished on or after January 1, 2003; and (2) by subsection (c) shall take effect on the date of enactment of this Act. SEC. 5. PROVIDING SAFE HARBOR FOR CERTAIN COLLABORATIVE EFFORTS THAT BENEFIT MEDICALLY UNDERSERVED POPULATIONS. (a) In General.--Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7(b)(3)), as amended by section 2(d), is amended-- (1) in subparagraph (F), by striking ``and'' after the semicolon at the end; (2) in subparagraph (G), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(H) any remuneration between a public or nonprofit private health center entity described under clauses (i) and (ii) of section 1905(l)(2)(B) and any individual or entity providing goods, items, services, donations or loans, or a combination thereof, to such health center entity pursuant to a contract, lease, grant, loan, or other agreement, if such agreement produces a community benefit that will be used by the health center entity to maintain or increase the availability or accessibility, or enhance the quality, of services provided to a medically underserved population served by the health center entity.''. (b) Rulemaking for Exception for Health Center Entity Arrangements.-- (1) Establishment.-- (A) In general.--The Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') shall establish, on an expedited basis, standards relating to the exception for health center entity arrangements to the antikickback penalties described in section 1128B(b)(3)(F) of the Social Security Act, as added by subsection (a). (B) Factors to consider.--In establishing standards relating to the exception for health center entity arrangements under subparagraph (A), the Secretary-- (i) shall extend the exception where the arrangement between the health center entity and the other party-- (I) results in savings of Federal grant funds or increased revenues to the health center entity; (II) does not limit or restrict a patient's freedom of choice; and (III) does not interfere with a health care professional's independent medical judgment regarding medically appropriate treatment; and (ii) may include other standards and criteria that are consistent with the intent of Congress in enacting the exception established under this subsection. (2) Interim final effect.--No later than 60 days after the date of enactment of this Act, the Secretary shall publish a rule in the Federal Register consistent with the factors under paragraph (1)(B). Such rule shall be effective and final immediately on an interim basis, subject to change and revision after public notice and opportunity (for a period of not more than 60 days) for public comment, provided that any change or revision shall be consistent with this subsection.

Medicare Safety Net Access Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise the payment for certain Federally qualified health center (FQHC) services furnished to an individual enrolled with a Medicare+Choice organization under Medicare part C (Medicare+Choice), allowing for supplemental reimbursement, among other changes.Amends Medicare+Choice to add additional Medicare+Choice contract requirements.Amends SSA title XI with respect to criminal penalties for acts involving Federal health care programs, particularly illegal remunerations (kickbacks). Exempts from the prohibition against such remunerations any remuneration: (1) between a FQHC (or an entity controlled by such a health center) and a Medicare+Choice organization pursuant to a specified written agreement; and (2) between a certain kind of public or nonprofit private health center entity and any individual or entity providing goods, items, services, donations, loans, or a combination, to such health center entity pursuant to an agreement, if such agreement produces a community benefit that will be used by the health center entity to maintain or increase the availability or accessibility, or enhance the quality, of services provided to a medically underserved population served by the health center entity.Amends Medicare to provide for coverage of additional FQHC services.Directs the Secretary of Health and Human Services to establish standards relating to the exception for health center entity arrangements to specified anti-kickback penalties.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hedge Fund Transparency Act''. SEC. 2. HEDGE FUND REGISTRATION REQUIREMENTS. (a) Definition of Investment Company.--Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)) is amended-- (1) by striking paragraph (1); (2) by striking paragraph (7); (3) by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively; and (4) by redesignating paragraphs (8) through (14) as paragraphs (6) through (12), respectively. (b) Additional Exemptions.--Section 6 of the Investment Company Act of 1940 (15 U.S.C. 80a-6) is amended-- (1) in subsection (a), by adding at the end the following: ``(6)(A) Subject to subsection (g), any issuer whose outstanding securities (other than short-term paper) are beneficially owned by not more than 100 persons, and which is not making and does not presently propose to make a public offering of its securities. ``(B) For purposes of this paragraph and paragraph (7), beneficial ownership-- ``(i) by a company shall be deemed to be beneficial ownership by one person, except that, if the company owns 10 percent or more of the outstanding voting securities of the issuer, and is or, but for the exemption provided for in this paragraph or paragraph (7), would be an investment company, the beneficial ownership shall be deemed to be that of the holders of the outstanding securities (other than short-term paper) of such company; and ``(ii) by any person who acquires securities or interests in securities of an issuer described in this paragraph shall be deemed to be beneficial ownership by the person from whom such transfer was made, pursuant to such rules and regulations as the Commission shall prescribe as necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of this title, where the transfer was caused by legal separation, divorce, death, or any other involuntary event. ``(7)(A) Subject to subsection (g), any issuer, the outstanding securities of which are owned exclusively by persons who, at the time of the acquisition of such securities, are qualified purchasers, and which is not making and does not at that time propose to make a public offering of such securities. Securities that are owned by persons who received the securities from a qualified purchaser as a gift or bequest, or in a case in which the transfer was caused by legal separation, divorce, death, or any other involuntary event, shall be deemed to be owned by a qualified purchaser, subject to such rules, regulations, and orders as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. ``(B) Notwithstanding subparagraph (A), an issuer is exempt under this paragraph if-- ``(i) in addition to qualified purchasers, outstanding securities of that issuer are beneficially owned by not more than 100 persons who are not qualified purchasers, if-- ``(I) such persons acquired any portion of the securities of such issuer on or before September 1, 1996; and ``(II) at the time at which such persons initially acquired the securities of such issuer, the issuer was exempt under paragraph (6); and ``(ii) prior to availing itself of the exemption provided by this paragraph-- ``(I) such issuer has disclosed to each beneficial owner that future investors will be limited to qualified purchasers, and that ownership in such issuer is no longer limited to not more than 100 persons; and ``(II) concurrently with or after such disclosure, such issuer has provided each beneficial owner with a reasonable opportunity to redeem any part or all of their interests in the issuer, notwithstanding any agreement to the contrary between the issuer and such persons, for the proportionate share of that person of the net assets of the issuer. ``(C) Each person that elects to redeem under subparagraph (B)(ii)(II) shall receive an amount in cash equal to the proportionate share of that person of the net assets of the issuer, unless the issuer elects to provide such person with the option of receiving, and such person agrees to receive, all or a portion of the share of that person in assets of the issuer. If the issuer elects to provide such persons with such an opportunity, disclosure concerning such opportunity shall be made in the disclosure required by subparagraph (B)(ii)(I). ``(D) An issuer that is exempt under this paragraph shall nonetheless be deemed to be an investment company for purposes of the limitations set forth in subparagraphs (A)(i) and (B)(i) of section 12(d)(1) (15 U.S.C. 80a-12(d)(1) (A)(i) and (B)(i)) relating to the purchase or other acquisition by such issuer of any security issued by any registered investment company and the sale of any security issued by any registered open-end investment company to any such issuer. ``(E) For purposes of determining compliance with this paragraph and paragraph (6), an issuer that is otherwise exempt under this paragraph and an issuer that is otherwise exempt under paragraph (6) shall not be treated by the Commission as being a single issuer for purposes of determining whether the outstanding securities of the issuer exempt under paragraph (6) are beneficially owned by not more than 100 persons, or whether the outstanding securities of the issuer exempt under this paragraph are owned by persons that are not qualified purchasers. Nothing in this subparagraph shall be construed to establish that a person is a bona fide qualified purchaser for purposes of this paragraph or a bona fide beneficial owner for purposes of paragraph (6).''; and (2) by adding at the end the following: ``(g) Limitation on Exemptions for Large Investment Companies.-- ``(1) In general.--An investment company with assets, or assets under management, of not less than $50,000,000 is exempt under subsection (a)(6) or (a)(7) only if that company-- ``(A) registers with the Commission; ``(B) files an information form with the Commission under paragraph (2); ``(C) maintains such books and records as the Commission may require; and ``(D) cooperates with any request for information or examination by the Commission. ``(2) Information form.--The information form required under paragraph (1) shall be filed at such time and in such manner as the Commission shall require, and shall-- ``(A) be filed electronically; ``(B) be filed not less frequently than once every 12 months; ``(C) include-- ``(i) the name and current address of-- ``(I) each natural person who is a beneficial owner of the investment company; ``(II) any company with an ownership interest in the investment company; and ``(III) the primary accountant and primary broker used by the investment company; ``(ii) an explanation of the structure of ownership interests in the investment company; ``(iii) information on any affliation that the investment company has with another financial institution; ``(iv) a statement of any minimum investment commitment required of a limited partner, member, or other investor; ``(v) the total number of any limited partners, members, or other investors; and ``(vi) the current value of-- ``(I) the assets of the investment company; and ``(II) any assets under management by the investment company; and ``(D) be made available by the Commission to the public at no cost and in an electronic, searchable format.''. SEC. 3. IMPLEMENTING GUIDANCE AND RULES. (a) Forms and Guidance.--Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue such forms and guidance as are necessary to carry out this Act. (b) Rules.--The Securities and Exchange Commission may make a rule to carry out this Act. SEC. 4. ANTI-MONEY LAUNDERING OBLIGATIONS. (a) Purpose.--It is the purpose of this section to safeguard against the financing of terrorist organizations and money laundering. (b) In General.--An investment company that relies on paragraph (6) or (7) of section 6(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-6(a) (6) and (7)), as amended by this Act, as the basis for an exemption under that Act shall establish an anti-money laundering program and shall report suspicious transactions under subsections (g) and (h) of section 5318 of title 31, United States Code. (c) Rulemaking.-- (1) In general.--The Secretary of the Treasury, in consultation with the Chairman of the Securities and Exchange Commission and the Chairman of the Commodity Futures Trading Commission, shall, by rule, establish the policies, procedures, and controls necessary to carry out subsection (b). (2) Contents.--The rule required by paragraph (1)-- (A) shall require that each investment company that receives an exemption under paragraph (6) or (7) of section 6(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-6(a) (6) and (7)), as amended by this Act, shall-- (i) use risk-based due diligence policies, procedures, and controls that are reasonably designed to ascertain the indentity of and evaluate any foreign person (including, where appropriate, the nominal and beneficial owner or beneficiary of a foreign corporation, partnership, trust, or other foreign entity) that supplies or plans to supply funds to be invested with the advice or assistance of such investment company; and (ii) be subject to section 5318(k)(2) of title 31, United States Code; and (B) may incorporate elements of the proposed rule for unregistered investment companies published in the Federal Register on September 26, 2002 (67 Fed. Reg. 60617) (relating to anti-money laundering programs). (3) Publication date.--The Secretary of the Treasury, shall-- (A) propose the rule required by this subsection not later than 90 days after the date of enactment of this Act; and (B) issue the rule required by this subsection in final form not later than 180 days after the date of enactment of this Act. (d) Effective Date.--Subsection (b) shall take effect 1 year after the date of enactment of this Act, whether or not a final rule is issued under subsection (c), and the failure to issue such rule shall in no way affect the enforceability of this section. SEC. 5. TECHNICAL CORRECTIONS. (a) Securities Act of 1933.--Section 3(a) of the Securities Act of 1933 (15 U.S.C. 77c(a)) is amended-- (1) in paragraph (2)-- (A) by striking ``section 3(c)(3)'' and inserting ``section 3(c)(2)''; and (B) by striking ``section 3(c)(14)'' and inserting ``section 3(c)(12)''; (2) in paragraph (4), by striking ``section 3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)''; and (3) in paragraph (13), by striking ``section (3)(c)(14)'' and inserting ``section 3(c)(12)''. (b) Securities Exchange Act of 1934.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended-- (1) in section 3(a) (15 U.S.C. 78c(a))-- (A) in paragraph (12)(A)-- (i) in clause (iii), by striking ``section 3(c)(3)'' and inserting ``section 3(c)(2)''; (ii) in clause (v), by striking ``section 3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)''; and (iii) in clause (vi), by striking ``section 3(c)(14)'' and inserting ``section 3(c)(12)''; (B) in paragraph (12)(C), by striking ``section 3(c)(14)'' and inserting ``section 3(c)(12)''; and (C) in paragraph (54)(A)-- (i) in clause (ii), by striking ``exclusion from the definition of investment company pursuant to section 3(c)(7)'' and inserting ``exemption under section 6(a)(7)''; and (ii) in clause (vii), by striking ``section 3(c)(2)'' and inserting ``section 3(c)(1)''; (2) in section 3(g) (15 U.S.C. 78c(g)) by striking ``section 3(c)(14)'' each place that term appears and inserting ``section 3(c)(12)''; and (3) in section 12(g)(2) (15 U.S.C. 78l(g)(2))-- (A) in subparagraph (D), by striking ``section 3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)''; and (B) in subparagraph (H), by striking ``section 3(c)(14)'' and inserting ``section 3(c)(12)''. (c) Investment Company Act of 1940.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended-- (1) in section 2(a)(51) (15 U.S.C. 80a-2(a)(51))-- (A) in subparagraph (A)(i), by striking ``excepted under section 3(c)(7)'' and inserting ``exempt under section 6(a)(7)''; and (B) in subparagraph (C)-- (i) by striking ``that, but for the exceptions provided for in paragraph (1) or (7) of section 3(c), would be an investment company (hereafter in this paragraph referred to as an `excepted investment company')'' and inserting ``that is exempt under paragraph (6) or (7) of section 6(a) (hereafter in this paragraph referred to as an `exempt investment company')''; (ii) by striking ``section 3(c)(1)(A)'' and inserting ``section 6(a)(6)(B)(i)''; and (iii) by striking ``excepted'' each place that term appears and inserting ``any exempt''; (2) in section 6 (15 U.S.C. 80a-6)-- (A) in subsection (a)-- (i) in paragraph (2), by striking ``section 3(c)(1)'' and inserting ``section 6(a)(6)''; and (ii) in paragraph (5)(A)(iv), by striking ``that would be an investment company except for the exclusions from the definition of the term `investment company' under paragraph (1) or (7) of section 3(c)'' and inserting ``that is exempt under paragraph (6) or (7) of section 6(a)''; and (B) in subsection (f), by striking ``excluded from the definition of an investment company by section 3(c)(1)'' and inserting ``exempt under section 6(a)(6)''; (3) in section 7(e) (15 U.S.C. 80a-7(e)), by striking ``section 3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)''; and (4) in section 30 (15 U.S.C. 80a-29) in each of subsections (i) and (j), by striking ``section 3(c)(14)'' each place that term appears and inserting ``section 3(c)(12)''. (d) Investment Advisers Act of 1940.--The Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.) is amended-- (1) in section 203(b) (15 U.S.C. 80b-3(b))-- (A) in paragraph (4) by striking ``section 3(c)(10)'' each place that term appears and inserting ``section 3(c)(8)''; and (B) in paragraph (5), by striking ``section 3(c)(14)'' and inserting ``section 3(c)(12)''; and (2) in section 205(b) (15 U.S.C. 80b-5(b))-- (A) in paragraph (2)(B), by striking ``section 3(c)(11)'' and inserting ``section 3(c)(9)''; and (B) in paragraph (4), by striking ``excepted from the definition of an investment company under section 3(c)(7)'' and inserting ``exempt under section 6(a)(7)''. (e) Internal Revenue Code of 1986.--Section 851(a)(2) of the Internal Revenue Code of 1986 (relating to the definition of regulated investment company) is amended by striking ``section 3(c)(3)'' and inserting ``section 3(c)(2)''.

Hedge Fund Transparency Act - Amends the Investment Company Act of 1940, Securities Act of 1933, the Securities Exchange Act of 1934, and the Internal Revenue Code to convert exceptions to the definition of an investment company into exemptions from mandatory registration as one. Exempts an investment company with assets, or assets under management, of at least $50 million from ordinary registration and filing requirements only if that company: (1) registers with the Securities and Exchange Commission (SEC); (2) files with the SEC a specified annual electronic information form, made available to the public, concerning ownership structure, investors, primary accountant and broker, and current assets value; (3) maintains such books and records as the SEC may require; and (4) cooperates with any request for information or examination by the SEC. Requires any investment company meeting such exemption requirements to establish an anti-money laundering program, according to rules prescribed by the Secretary of the Treasury, and report suspicious transactions. Requires such rules to require exempted investment companies to use risk-based due diligence policies, procedures, and controls reasonably designed to ascertain the identity of, and evaluate, any foreign person that supplies funds, or plans to supply funds, to be invested with the investment company's advice or assistance. Requires such rules also to require exempted investment companies to comply with the same requirements as other financial institutions for producing records requested by a federal regulator, particularly within 120 hours of receiving such a request.

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SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``International Megan's Law to Prevent Demand for Child Sex Trafficking''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Angel Watch Center. Sec. 5. Sense of Congress provisions. Sec. 6. Enhancing the minimum standards for the elimination of trafficking. Sec. 7. Assistance to foreign countries to meet minimum standards for the elimination of trafficking. Sec. 8. Rules of Construction. SEC. 2. FINDINGS. Congress finds the following: (1) Megan Nicole Kanka, who was 7 years old, was abducted, sexually assaulted, and murdered in 1994, in the State of New Jersey by a violent predator living across the street from her home. Unbeknownst to Megan Kanka and her family, he had been convicted previously of a sex offense against a child. (2) In 1996, Congress adopted Megan's Law (Public Law 104- 145) as a means to encourage States to protect children by identifying the whereabouts of sex offenders and providing the means to monitor their activities. (3) In 2006, Congress passed the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) to protect children and the public at large by establishing a comprehensive national system for the registration and notification to the public and law enforcement officers of convicted sex offenders. (4) Law enforcement reports indicate that known child-sex offenders are traveling internationally, and that the criminal background of such individuals may not be known to local law enforcement prior to their arrival. (5) The commercial sexual exploitation of minors in child sex trafficking and pornography is a global phenomenon. The International Labour Organization has estimated that 1.8 million children worldwide are victims of child sex trafficking and pornography each year. (6) Child sex tourism, where an individual travels to a foreign country and engages in sexual activity with a child in that country, is a form of child exploitation and, where commercial, child sex trafficking. (7) According to research conducted by The Protection Project of The Johns Hopkins University Paul H. Nitze School of Advanced International Studies, sex tourists from the United States who target children form a significant percentage of child sex tourists in some of the most significant destination countries for child sex tourism. (8) In order to protect children, it is essential that United States law enforcement be able to identify child-sex offenders in the United States who are traveling abroad and child-sex offenders from other countries entering the United States. Such identification requires cooperative efforts between the United States and foreign governments. In exchange for providing notice of child-sex offenders traveling to the United States, foreign authorities will expect United States authorities to provide reciprocal notice of child-sex offenders traveling to their countries. SEC. 3. DEFINITIONS. In this Act: (1) Center.--The term ``Center'' means the Angel Watch Center established pursuant to section 4(a). (2) Child-sex offender.-- (A) In general.--The term ``child-sex offender'' means an individual who is a sex offender described in paragraph (3) or (4) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911) by reason of being convicted of a child-sex offense. (B) Definition of convicted.--In this paragraph, the term ``convicted'' has the meaning given the term in paragraph (8) of section 111 of such Act. (3) Child-sex offense.-- (A) In general.--The term ``child-sex offense'' means a specified offense against a minor, as defined in paragraph (7) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911), including-- (i) an offense (unless committed by a parent or guardian) involving kidnapping; (ii) an offense (unless committed by a parent or guardian) involving false imprisonment; (iii) solicitation to engage in sexual conduct; (iv) use in a sexual performance; (v) solicitation to practice prostitution; (vi) video voyeurism as described in section 1801 of title 18, United States Code; (vii) possession, production, or distribution of child pornography; (viii) criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; and (ix) any conduct that by its nature is a sex offense against a minor. (B) Other offenses.--The term ``child-sex offense'' includes a sex offense described in paragraph (5)(A) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 that is a specified offense against a minor, as defined in paragraph (7) of such section. (C) Foreign convictions; offenses involving consensual sexual conduct.--The limitations contained in subparagraphs (B) and (C) of section 111(5) of the Adam Walsh Child Protection and Safety Act of 2006 shall apply with respect to a child-sex offense for purposes of this Act to the same extent and in the same manner as such limitations apply with respect to a sex offense for purposes of the Adam Walsh Child Protection and Safety Act of 2006. (4) Jurisdiction.--The term ``jurisdiction'' means any of the following: (A) A State. (B) The District of Columbia. (C) The Commonwealth of Puerto Rico. (D) Guam. (E) American Samoa. (F) The Northern Mariana Islands. (G) The United States Virgin Islands. (H) To the extent provided in, and subject to the requirements of, section 127 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16927), a federally recognized Indian tribe. (5) Minor.--The term ``minor'' means an individual who has not attained the age of 18 years. SEC. 4. ANGEL WATCH CENTER. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish within the Child Exploitation Investigations Unit of United States Immigration and Customs Enforcement (ICE) of the Department of Homeland Security a Center, to be known as the ``Angel Watch Center'', to carry out the activities specified in subsection (d). (b) Leadership.--The Center shall be headed by the Director of ICE, in collaboration with the Commissioner of United States Customs and Border Protection (CBP) and in consultation with the Attorney General. (c) Members.--The Center shall consist of the following: (1) The Director of ICE. (2) The Commissioner of CBP. (3) Individuals who are designated as analysts in ICE or CBP. (4) Individuals who are designated as program managers in ICE or CBP. (d) Activities.-- (1) In general.--The Center shall carry out the following activities: (A) Receive information on travel by child-sex offenders. (B) Establish a system to maintain and archive all relevant information, including the response of destination countries to notifications under subsection (e) where available, and decisions not to transmit notification abroad. (C) Establish an annual review process to ensure that the Center is consistent in procedures to provide notification to destination countries or not to provide notification to destination countries, as appropriate. (2) Information required.--The United States Marshals Service's National Sex Offender Targeting Office shall make available to the Center information on travel by child-sex offenders in a timely manner for purposes of carrying out the activities described in paragraph (1) and (e). (e) Notification.-- (1) To countries of destination.-- (A) In general.--The Center may transmit notice of impending or current international travel of a child- sex offender to the country or countries of destination of the child-sex offender, including to the visa- issuing agent or agents in the United States of the country or countries. (B) Form.--The notice under this paragraph may be transmitted through such means as determined appropriate by the Center, including through an ICE attache. (2) To offenders.-- (A) General notification.-- (i) In general.--If the Center transmits notice under paragraph (1) of impending international travel of a child-sex offender to the country or countries of destination of the child-sex offender, the Secretary of Homeland Security, in conjunction with any appropriate agency, shall make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender prior to the child-sex offender's arrival in the country or countries. (ii) Exception.--The requirement to provide constructive notice under clause (i) shall not apply in the case of impending international travel of a child-sex offender to the country or countries of destination of the child-sex offender if such constructive notice would conflict with an existing investigation involving the child-sex offender. (B) Specific notification regarding risk to life or well-being of offender.--If the Center has reason to believe that to transmit notice under paragraph (1) poses a risk to the life or well-being of the child-sex offender, the Center shall make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender of such risk. (C) Specific notification regarding probable denial of entry to offender.--If the Center has reason to believe that a country of destination of the child-sex offender is highly likely to deny entry to the child- sex offender due to transmission of notice under paragraph (1), the Center shall make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender of such probable denial. (3) Sunset.--The authority of paragraph (1) shall terminate with respect to a child-sex offender beginning as of the close of the last day of the registration period of such child-sex offender under section 115 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16915). (f) Complaint Review.--The Center shall establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries of such child-sex offenders under subsection (e). (g) Consultations.--The Center shall seek to engage in ongoing consultations with-- (1) nongovernmental organizations, including faith-based organizations, that have experience and expertise in identifying and preventing child sex tourism and rescuing and rehabilitating minor victims of international sexual exploitation and trafficking; (2) the governments of countries interested in cooperating in the creation of an international sex offender travel notification system or that are primary destination or source countries for international sex tourism; and (3) Internet service and software providers regarding available and potential technology to facilitate the implementation of an international sex offender travel notification system, both in the United States and in other countries. (h) Technical Assistance.--The Secretary of Homeland Security and the Secretary of State may provide technical assistance to foreign authorities in order to enable such authorities to participate more effectively in the notification program system established under this section. SEC. 5. SENSE OF CONGRESS PROVISIONS. (a) Bilateral Agreements.--It is the sense of Congress that the President should negotiate memoranda of understanding or other bilateral agreements with foreign governments to further the purposes of this Act and the amendments made by this Act, including by-- (1) establishing systems to receive and transmit notices as required by title I of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); and (2) establishing mechanisms for private companies and nongovernmental organizations to report on a voluntary basis suspected child pornography or exploitation to foreign governments, the nearest United States embassy in cases in which a possible United States citizen may be involved, or other appropriate entities. (b) Notification to the United States of Child-sex Offenses Committed Abroad.--It is the sense of Congress that the President should formally request foreign governments to notify the United States when a United States citizen has been arrested, convicted, sentenced, or completed a prison sentence for a child-sex offense in the foreign country. SEC. 6. ENHANCING THE MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING. Section 108(b)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(b)(4)) is amended by adding at the end before the period the following: ``, including severe forms of trafficking in persons related to sex tourism''. SEC. 7. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING. The President is strongly encouraged to exercise the authorities of section 134 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152d) to provide assistance to foreign countries directly, or through nongovernmental and multilateral organizations, for programs, projects, and activities, including training of law enforcement entities and officials, designed to establish systems to identify sex offenders and provide and receive notification of child sex offender international travel. SEC. 8. RULES OF CONSTRUCTION. (a) Department of Justice.--Nothing in this Act shall be construed to preclude or alter the jurisdiction or authority of the Department of Justice under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.), including section 113(d) of such Act, or any other provision law, or to affect the work of the United States Marshals Service with INTERPOL. (b) Angel Watch Center.--Nothing in this Act shall be construed to preclude the Angel Watch Center from transmitting notice with respect to any sex offender described in paragraph (3) or (4) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911) or with respect to any sex offense described in paragraph (5) of such section.

(This measure has not been amended since it was passed by the House on May 20, 2014. International Megan's Law to Prevent Demand for Child Sex Trafficking - (Sec. 4) Directs the Secretary of Homeland Security (DHS) to establish within the Child Exploitation Investigations Unit of U.S. Immigration and Customs Enforcement (ICE) the Angel Watch Center, which shall: (1) receive information on travel by child-sex offenders; (2) establish a system to maintain and archive all relevant information, including decisions not to transmit notification abroad and responses of destination countries to notifications; (3) establish an annual review process to ensure that the Center is consistent in procedures regarding providing notification to destination countries; and (4) establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries. Authorizes the Center to transmit notice to a destination country (including to such country's visa-issuing agents in the United States) of impending or current international travel of a child-sex offender to such country. Requires the Secretary, in conjunction with any appropriate agency, if the Center transmits such notice to a destination country, to make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender prior to such offender's arrival in such country, except when such constructive notice would conflict with an existing investigation involving the offender. Requires the Center to make reasonable efforts to provide constructive notice to such offender if the Center has reason to believe that transmitting notice to a destination country: (1) poses a risk to the life or well-being of the offender, or (2) is highly likely to result in the destination country denying entry to the offender. Terminates the authority of the Center to transmit such notice of international travel of a child-sex offender as of the close of the last day of the registration period of such offender under the Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act). Directs the Center to establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries. Requires the Center to engage in ongoing consultations with: (1) nongovernmental organizations that have experience in identifying and preventing child sex tourism and rescuing and rehabilitating minor victims of international sexual exploitation and trafficking, (2) the governments of countries interested in cooperating in the creation of an international sex offender travel notification system or that are primary destination or source countries for international sex tourism, and (3) Internet service and software providers regarding technology to facilitate the implementation of an international sex offender travel notification system in the United States and in other countries. Authorizes the Secretary of Homeland Security and the Secretary of State to provide technical assistance to enable foreign authorities to participate more effectively in the notification program system. (Sec. 5) Expresses the sense of Congress that the President should: (1) negotiate bilateral agreements with foreign governments to further the purposes of this Act; and (2) formally request foreign governments to notify the United States when a U.S. citizen has been arrested, convicted, or sentenced or has completed a prison sentence for a child-sex offense in the foreign country. (Sec. 6) Amends the Trafficking Victims Protection Act of 2000 to include, as indicia of serious and sustained efforts to eliminate severe forms of trafficking in persons, a country's cooperation with other governments in the investigation and prosecution of such trafficking, including trafficking related to sex tourism. (Sec. 7) Encourages the President to use authorities under the Foreign Assistance Act of 1961 to assist foreign countries in identifying sex offenders and providing and receiving notification of child sex offender international travel.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Eagle Palladium Bullion Coin Act of 2010''. SEC. 2. PALLADIUM COIN. Section 5112 of title 31, United States Code, is amended-- (1) in subsection (a), by adding at the end the following new paragraph; ``(12) A $25 coin of an appropriate size and thickness, as determined by the Secretary, that weighs 1 troy ounce and contains .9995 fine palladium.''; and (2) by adding at the end the following new subsection: ``(v) Palladium Bullion Investment Coins.-- ``(1) In general.--Subject to the submission to the Secretary and the Congress of a marketing study described in paragraph (8), beginning not more than 1 year after the submission of the study to the Secretary and the Congress, the Secretary shall mint and issue the palladium coins described in paragraph (12) of subsection (a) in such quantities as the Secretary may determine to be appropriate to meet demand. ``(2) Source of bullion.-- ``(A) In general.--The Secretary shall acquire bullion for the palladium coins issued under this subsection by purchase of palladium mined from natural deposits in the United States, or in a territory or possession of the United States, within 1 year after the month in which the ore from which it is derived was mined. If no such palladium is available or if it is not economically feasible to obtain such palladium, the Secretary may obtain palladium for the palladium coins described in paragraph (12) of subsection (a) from other available sources. ``(B) Price of bullion.--The Secretary shall pay not more than the average world price for the palladium under subparagraph (A). ``(3) Sale of coins.--Each coin issued under this subsection shall be sold for an amount the Secretary determines to be appropriate, but not less than the sum of-- ``(A) the market value of the bullion at the time of sale; and ``(B) the cost of designing and issuing the coins, including labor, materials, dies, use of machinery, overhead expenses, marketing, distribution, and shipping. ``(4) Treatment.--For purposes of section 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(5) Quality.--The Secretary may issue the coins described in paragraph (1) in both proof and uncirculated versions, except that, should the Secretary determine that it is appropriate to issue proof or uncirculated versions of such coin, the Secretary shall, to the greatest extent possible, ensure that the surface treatment of each year's proof or uncirculated version differs in some material way from that of the preceding year. ``(6) Design.--Coins minted and issued under this subsection shall bear designs on the obverse and reverse that are close likenesses of the work of famed American coin designer and medallic artist Adolph Alexander Weinman-- ``(A) the obverse shall bear a high-relief likeness of the `Winged Liberty' design used on the obverse of the so-called `Mercury dime'; ``(B) the reverse shall bear a high-relief version of the reverse design of the 1907 American Institute of Architects medal; and ``(C) the coin shall bear such other inscriptions, including `Liberty', `In God We Trust', `United States of America', the denomination and weight of the coin and the fineness of the metal, as the Secretary determines to be appropriate and in keeping with the original design. ``(7) Mint facility.--Any United States mint, other than the United States Mint at West Point, New York, may be used to strike coins minted under this subsection other than any proof version of any such coin. If the Secretary determines that it is appropriate to issue any proof version of such coin, coins of such version shall be struck only at the United States Mint at West Point, New York. ``(8) Marketing study defined.--The market study described in paragraph (1) means an analysis of the market for palladium bullion investments conducted by a reputable, independent third party that demonstrates that there would be adequate demand for palladium bullion coins produced by the United States Mint to ensure that such coins could be minted and issued at no net cost to taxpayers.''. SEC. 3. BUDGETARY EFFECT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

American Eagle Palladium Bullion Coin Act of 2010 - Authorizes the Secretary of the Treasury to mint and issue a $25 palladium bullion investment coin bearing designs that are close likenesses of the work of American coin designer and medallic artist Adolph Alexander Weinman. Requires the obverse to bear a high-relief likeness of the "Winged Liberty" design used on the obverse of the "Mercury dime," and the reverse a high-relief version of the reverse design of the 1907 American Institute of Architects medal. Requires the coin also to bear other inscriptions, including "Liberty," "In God We Trust," and "United States of America." Allows any U.S. Mint other than the one at West Point, New York, to strike the coins, unless the Secretary of the Treasury decides to issue a proof version, which shall be struck only at West Point. Conditions the minting and issuance of palladium bullion coins upon submission to the Secretary and Congress of a marketing study by a reputable, independent third party: (1) analyzing the market for palladium bullion investments; and (2) demonstrating that there would be adequate demand for such coins to ensure that they could be minted and issued at no net cost to taxpayers.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Price Relief Act of 2005''. SEC. 2. WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end the following new chapter: ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; removal price; base price; qualified investment. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any integrated oil company (as defined in section 291(b)(4)) an excise tax equal to the excess of-- ``(1) the amount equal to 50 percent of the windfall profit from all barrels of taxable crude oil removed from the property during each taxable year, over ``(2) the amount of qualified investment by such company during such taxable year. ``(b) Fractional Part of Barrel.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. ``(c) Tax Paid by Producer.--The tax imposed by this section shall be paid by the producer of the taxable crude oil. ``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; BASE PRICE; QUALIFIED INVESTMENT. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of the removal price of the barrel of taxable crude oil over the base price of such barrel. ``(b) Removal Price.--For purposes of this chapter-- ``(1) In general.--Except as otherwise provided in this subsection, the term `removal price' means the amount for which the barrel of taxable crude oil is sold. ``(2) Sales between related persons.--In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613. ``(3) Oil removed from property before sale.--If crude oil is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(4) Refining begun on property.--If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property-- ``(A) such oil shall be treated as removed on the day such manufacture or conversion begins, and ``(B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(5) Property.--The term `property' has the meaning given such term by section 614. ``(c) Base Price Defined.--For purposes of this chapter, the term `base price' means $40 for each barrel of taxable crude oil. ``(d) Qualified Investment.--For purposes of this chapter, the term `qualified investment' means any amount paid or incurred with respect to any qualified facility described in paragraph (1), (2), (3), or (4) of section 45(d) (determined without regard to any placed in service date). ``SEC. 5898. SPECIAL RULES AND DEFINITIONS . ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Definitions.--For purposes of this chapter-- ``(1) Producer.--The term `producer' means the holder of the economic interest with respect to the crude oil. ``(2) Crude oil.-- ``(A) In general.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(B) Exclusion of newly discovered oil.--Such term shall not include any oil produced from a well drilled after the date of the enactment of the Gas Price Relief Act of 2005, except with respect to any oil produced from a well drilled after such date on any proven oil or gas property (within the meaning of section 613A(c)(9)(A)). ``(3) Barrel.--The term `barrel' means 42 United States gallons. ``(e) Adjustment of Removal Price.--In determining the removal price of oil from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil removed. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter. ``(g) Termination.--This chapter shall not apply to taxable crude oil removed after the date which is 1 year after the date of the enactment of this section.''. (b) Transfer of Windfall Profit Tax Receipts to Highway Trust Fund.--Paragraph (1) of section 9503(b) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) section 5896 (relating to windfall profits tax on crude oil).''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Windfall profit on crude oil''. (e) Effective Date.-- (1) In general.--The amendments made by this section shall apply to crude oil removed after the date of the enactment of this Act, in taxable years ending after such date. (2) Transitional rules.--For the period ending December 31, 2005, the Secretary of the Treasury or the Secretary's delegate shall prescribe rules relating to the administration of chapter 56 of the Internal Revenue Code of 1986. To the extent provided in such rules, such rules shall supplement or supplant for such period the administrative provisions contained in chapter 56 of such Code (or in so much of subtitle F of such Code as relates to such chapter 56). SEC. 3. REDUCTION OF FUEL TAXES ON HIGHWAY MOTOR FUELS. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on motor and aviation fuels) is amended by adding at the end the following new subsection: ``(f) Reduction of Highway Motor Fuel Taxes.-- ``(1) In general.--During the reduction period, the rate of tax imposed by section 4041 (other than subsection (d) thereof) or 4081(a)(2)(A) on highway motor fuel shall be reduced by 10 cents per gallon. ``(2) Definitions and special rule.--For purposes of this subsection-- ``(A) Reduction period.--The term `reduction period' means the 1-year period beginning on the date of enactment of the Gas Price Relief Act of 2005. ``(B) Highway motor fuel.--The term `highway motor fuel' means any fuel subject to tax under section 4041 or 4081 other than aviation gasoline and aviation-grade kerosene.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 4. MAINTENANCE OF TRUST FUNDS DEPOSITS; AMOUNTS APPROPRIATED TO TRUST FUNDS TREATED AS TAXES. (a) In General.--There is hereby appropriated (out of any money in the Treasury not otherwise appropriated) to the Highway Trust Fund an amount equal to the excess (if any) of-- (1) the amount (but for this subsection) of reduced revenues received in the Highway Trust Fund as a result of a reduction in a rate of tax by reason of section 4081(f)(1) of the Internal Revenue Code of 1986 (as added by section 3 of this Act), over (2) amounts appropriated to the Highway Trust Fund by section 9503(b)(1)(F) of the Internal Revenue Code of 1986 (relating to windfall profits tax on crude oil). (b) Special Rules.--Amounts appropriated by subsection (a) to the Highway Trust Fund-- (1) 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 had section 3 of this Act not been enacted, and (2) shall be treated for all purposes of Federal law as taxes received under the appropriate section referred to in such section 4081(f)(1). SEC. 5. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax rate reduction date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and (2) on such date such fuel is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the tax which would be imposed on such fuel had the taxable event occurred on such date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax rate reduction date based on a request submitted to the taxpayer before the date which is 3 months after the tax rate reduction date by the dealer who held the highway motor fuel on such date, and (2) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) Tax rate reduction date.--The term ``tax rate reduction date'' means the first day of the reduction period (as defined in section 4081(f) of the Internal Revenue Code of 1986 (as added by section 3 of this Act)). (2) Other terms.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (e) Certain Rules to Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 6. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any highway motor fuel which is held on the tax restoration date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such fuel had the taxable event occurred on such date over the tax (if any) previously paid (and not credited or refunded) on such fuel. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--The person holding highway motor fuel on the tax restoration date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the 45th day after the tax restoration date. (c) Definitions.--For purposes of this section-- (1) Tax restoration date.--The term ``tax restoration date'' means the first day after the reduction period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (2) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given to such term by section 4081(f) of such Code. (3) Held by a person.--A highway motor fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to any highway motor fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable for such use. (e) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a) on any highway motor fuel held on the tax restoration date by any person if the aggregate amount of such highway motor fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account any highway motor fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d). (3) Controlled groups.--For purposes of this section-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (f) Other Laws Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such sections.

Gas Price Relief Act of 2005 - Amends the Internal Revenue Code to impose an excise tax, for a one-year period, on oil companies for a percentage of the windfall profit from all barrels of taxable crude oil; (2) allow a tax deduction for the payment of any windfall profit tax; (3) reduce by 10 percent the excise tax on highway motor fuels for a period of one year after the enactment of this Act; (4) provide for transfers of windfall profit tax receipts and amounts from the general fund to the Highway Trust Fund; and (5) make adjustments to highway motor fuel taxes for floor stocks of such fuels held by dealers prior to, or after, the effective date of reduction in such taxes under this Act. Defines "windfall profit" as the excess of the removal (sales) price of a barrel of taxable crude oil over the base price ($40 per barrel) of such barrel.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Biometric Enhancement for Airport- Risk Reduction Act of 2008''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Biometric identifier system.--The term ``biometric identifier system'' means a system that uses biometric identifier information to match individuals and confirm identity for transportation security and other purposes. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security acting through the Assistant Secretary of Homeland Security (Transportation Security Administration). SEC. 3. BIOMETRIC IDENTIFIER SYSTEMS. (a) Study.-- (1) In general.--The Secretary, in consultation with the working group of industry stakeholders to be established under subsection (c), shall conduct a study on how airports can transition to uniform, standards-based, and interoperable biometric identifier systems for airport workers with unescorted access to secure or sterile areas of an airport. (2) Purpose.--The purpose of the study shall be to enhance transportation security against a potential act of terrorism by an airport worker who is allowed unescorted access to secure or sterile areas of an airport. (3) Risk-based analysis.--In conducting the study, the Secretary shall conduct a risk-based analysis of selected Category X and I airports and other airports, as the Secretary determines appropriate, to identify where the implementation of biometric identifier systems could benefit airports. (4) Considerations.--In conducting the study, the Secretary shall consider the following: (A) Parallel systems.--Existing parallel biometric security systems applicable to workers with unescorted access to critical infrastructure, including-- (i) transportation security cards issued under section 70105 of title 46, United States Code; (ii) armed law enforcement travel credentials issued under section 44903(h)(6) of title 49, United States Code; and (iii) other credential programs used by the Federal Government, as the Secretary considers appropriate. (B) Efforts by transportation security administration.--Any biometric programs or proposals developed by the Assistant Secretary of Homeland Security (Transportation Security Administration). (C) Infrastructure and technical requirements.--The architecture, modules, interfaces, and transmission of data needed to address risks associated with securing airports by providing interoperable biometric security measures and credentials for airport workers with unescorted access to secure and sterile areas of an airport. (D) Existing airport systems.--Biometric infrastructure and systems in use in secure and sterile areas of airports. (E) Incentives.--Possible incentives for airports that voluntarily seek to implement uniform, standards- based, and interoperable biometric identifier systems. (F) Associated costs.--The costs of implementing uniform, standards-based, and interoperable biometric identifier systems at airports, including-- (i) the costs to airport operators, airport workers, air carriers, and other aviation industry stakeholders; and (ii) the costs associated with ongoing operations and maintenance and modifications and enhancements needed to support changes in physical and electronic infrastructure. (G) GAO recommendations.--Any recommendations or findings developed by the Government Accountability Office relating to implementing biometric security for airport workers with unescorted access to secure and sterile areas of airports. (H) Information from other sources.-- Recommendations, guidance, and information from other sources, including government entities, organizations representing airport workers, and private individuals and organizations. (5) Report.--Not later than 270 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under this subsection. (b) Best Practices.-- (1) Identification of best practices.--The Secretary, in consultation with the working group of aviation industry stakeholders to be established under subsection (c), shall identify best practices for the administration of biometric credentials at airports, including best practices for each of the following processes: (A) Registration and enrollment. (B) Eligibility vetting and risk assessment. (C) Issuance. (D) Verification and use. (E) Expiration and revocation. (F) Development of a cost structure for acquisition of biometric credentials. (G) Development of redress processes for workers. (2) Report.--Not later than one year after the date of enactment of this Act, the Secretary shall-- (A) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that outlines the best practices identified under paragraph (1); and (B) make the report available to airport operators. (c) Aviation and Airport Security Working Group.-- (1) In general.--The Secretary shall convene a working group to assist the Secretary with issues pertaining to implementing and carrying out this section. (2) Membership.--The Secretary shall ensure that the membership of the working group includes aviation industry stakeholders and specifically includes individuals selected from among-- (A) the membership of the Transportation Security Administration's Aviation Security Advisory Committee; (B) individuals and organizations representing airports; (C) individuals and organizations representing airport workers, including those airport workers with unescorted access to secure and sterile areas of airports; (D) individuals and organizations representing the biometric technology sector; and (E) any other individuals and organizations that the Secretary considers appropriate. (3) Nonapplicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to working group established under this subsection. (4) Sunset.--The working group established under this subsection shall cease operations 30 days after the date of submission of the report under subsection (a)(5) or 30 days after the date of submission of the report under subsection (b)(2), whichever is later. Passed the House of Representatives June 18, 2008. Attest: LORRAINE C. MILLER, Clerk.

Biometric Enhancement for Airport-Risk Reduction Act of 2008 - Directs the Secretary of Homeland Security, acting through the Assistant Secretary of Homeland Security (Transportation Security Administration (TSA)), to: (1) study and report to Congress on how airports can transition to uniform, standards-based, and interoperable biometric identifier systems for airport workers with unescorted access to secure or sterile areas of an airport; and (2) conduct a risk-based analysis of selected Category X and I airports and other airports to identify where implementation of such systems could benefit them. Defines "biometric identifier system" as a system that uses biometric identifier information to match and confirm identity of individuals for purposes of transportation security. Requires the Secretary to convene a working group to assist with issues pertaining to implementing this Act.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Oil Subsidy Elimination for New Strategies on Energy Act'' or the ``Oil SENSE Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 Sec. 101. Termination of certain provisions of the Energy Policy Act of 2005. TITLE II--SUSPENSION OF ROYALTY RELIEF Sec. 201. Suspension of royalty relief. Sec. 202. Renegotiation of existing leases. TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES Sec. 301. Repeal of tax subsidies enacted by the Energy Policy Act of 2005 for oil and gas. SEC. 2. FINDINGS. Congress finds that-- (1) record highs in oil and natural gas prices have resulted in record profits for oil and natural gas producers and refiners; (2) oil prices are projected to remain high for the foreseeable future; (3) the Department of the Interior estimates that as much as $66,000,000,000 worth of oil and natural gas taken from the deep waters of the Gulf of Mexico over the next 5 years will be exempt from Government royalty payments, which could amount to the Government losing an estimated $7,000,000,000 to $9,500,000,000 based on anticipated production and current price projections for oil and gas, according to an analysis in the 5-year budget plan of the Department of the Interior; (4) the chief executive officers of the top 5 oil companies stated at a November 9, 2005, joint hearing of the Committee on Energy and Natural Resource of the Senate and the Committee on Environment and Public Works of the Senate that their companies did not need the Federal tax incentives provided in the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.); (5) the Statement of Administration Policy of June 14, 2005, on the energy bill that would become the Energy Policy Act of 2005 states, ``The President believes that additional taxpayer subsidies for oil-and-gas exploration are unwarranted in today's price environment, and urges the Senate to eliminate the Federal oil-and-gas subsidies and other exploration incentives contained in the bill.''; and (6) incentives for the energy industry should be focused on the development of renewable energy resources in the United States that will also promote, jobs, investment, innovation, and economic development in rural, agriculture-dependent areas. TITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 SEC. 101. TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005. (a) In General.--The following provisions of the Energy Policy Act of 2005 are repealed as of the date of enactment of this Act: (1) Section 343 (42 U.S.C. 15903) (relating to marginal property production incentives). (2) Section 344 (42 U.S.C. 15904) (relating to incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico). (3) Section 345 (42 U.S.C. 15905) (relating to royalty relief for deep water production). (4) Section 346 (Public Law 109-58; 119 Stat. 794) (relating to Alaska offshore royalty suspension). (5) Section 357 (42 U.S.C. 15912) (relating to comprehensive inventory of OCS oil and natural gas resources). (6) Section 362 (42 U.S.C. 15921) (relating to management of Federal oil and gas leasing programs). (7) Subtitle J of title IX (42 U.S.C. 16371 et seq.) (relating to ultra-deepwater and unconventional natural gas and other petroleum resources). (b) Termination of Alaska Offshore Royalty Suspension.-- (1) In general.--Section 8(a)(3)(B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended by striking ``and in the Planning Areas offshore Alaska''. (2) Effective date.--The amendment made by this subsection shall take effect as of the date of enactment of this Act. TITLE II--SUSPENSION OF ROYALTY RELIEF SEC. 201. SUSPENSION OF ROYALTY RELIEF. (a) In General.--Subject to subsection (c), the Secretary of the Interior (referred to in this title as the ``Secretary'') shall suspend the application of any provision of Federal law under which a person would otherwise be provided relief from a requirement to pay a royalty for the production of oil or natural gas from Federal land (including submerged land) occurring after the date of enactment of this Act during any period in which-- (1) for the production of oil, the average price of crude oil in the United States during the 4-week period immediately preceding the suspension is greater than $34.71 per barrel; and (2) for the production of natural gas, the average wellhead price of natural gas in the United States during the 4-week period immediately preceding the suspension is greater than $4.34 per 1,000 cubic feet. (b) Determination of Average Prices.--For purposes of subsection (a), the Secretary shall determine average prices, taking into consideration the most recent data reported by the Energy Information Administration. (c) Required Adjustment.--For fiscal year 2008 and each subsequent fiscal year, each dollar amount specified in subsection (a) shall be adjusted to reflect changes for the 1-year period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. SEC. 202. RENEGOTIATION OF EXISTING LEASES. (a) Requirement.--The Secretary shall renegotiate each lease authorizing production of oil or natural gas on Federal land (including submerged land) issued by the Secretary before the date of enactment of this Act as the Secretary determines to be necessary to modify the terms of the lease to ensure that a suspension of a requirement to pay royalties under the lease does not apply to production described in section 201(a). (b) Failure to Renegotiate and Modify.--Beginning on the date that is 1 year after the date of enactment of this Act, a lessee under a lease described in subsection (a) shall not be eligible-- (1) to enter into a new lease described in that subsection; or (2) to obtain by sale or other transfer any lease issued before that date, unless the lessee-- (A) renegotiates the lease; and (B) enters into an agreement with the Secretary to modify the terms of the lease in accordance with subsection (a). TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES SEC. 301. REPEAL OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 PROVIDING TAX SUBSIDIES FOR THE OIL AND GAS INDUSTRY. (a) Repeal of Election to Expense Certain Refineries.-- (1) In general.--Subparagraph (B) of section 179C(c)(1) of the Internal Revenue Code of 1986 (relating to qualified refinery property) is amended by striking ``January 1, 2012'' and inserting ``the date of the enactment of the Oil Subsidy Elimination for New Strategies on Energy Act''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (b) Repeal of Treatment of Natural Gas Distribution Lines as 15- Year Property.-- (1) In general.--Clause (viii) of section 168(e)(3)(E) of such Code (relating to 15-year property) is amended by striking ``January 1, 2011'' and inserting ``the Oil Subsidy Elimination for New Strategies on Energy Act''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (c) Repeal of Treatment of Natural Gas Gathering Lines as 7-Year Property.-- (1) In general.--Clause (iv) of section 168(e)(3)(C) of such Code (relating to 7-year property) is amended by inserting ``and which is placed in service before the date of the enactment of the Oil Subsidy Elimination for New Strategies on Energy Act'' after ``April 11, 2005,''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (d) Repeal of New Rule for Determining Small Refiner Exception to Oil Depletion Deduction.-- (1) In general.--Paragraph (4) of section 613A(d) of such Code (relating to certain refiners excluded) is amended to read as follows: ``(4) Certain refiners excluded.--If the taxpayer or a related person engages in the refining of crude oil, subsection (c) shall not apply to such taxpayer if on any day during the taxable year the refinery runs of the taxpayer and such person exceed 50,000 barrels.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to taxable years beginning after the date of the enactment of this Act. (e) Repeal of Amortization of Geological and Geophysical Expenditures.-- (1) In general.--Section 167 of such Code (relating to depreciation) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). (2) Conforming amendment.--Section 263A(c)(3) of such Code is amended by striking ``167(h),''. (3) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after the date of the enactment of this Act.

Oil Subsidy Elimination for New Strategies on Energy Act or the Oil SENSE Act - Repeals provisions of the Energy Policy Act of 2005 relating to: (1) incentives for production from marginal oil wells; (2) incentives for natural gas production in the Gulf of Mexico; (3) royalty relief for deep water production; (4) Alaska offshore royalty suspension; (5) the inventory of Outer Continental Shelf oil and natural gas resources; (6) management of federal oil and gas leasing programs; and (7) ultra-deepwater and unconventional natural gas and other petroleum resources. Requires the Secretary of the Interior to: (1) suspend royalty relief for producers of oil or natural gas on federal lands during periods in which oil and natural gas production is at certain levels; and (2) renegotiate certain existing leases for oil and natural gas production on federal land. Repeals provisions of the Internal Revenue Code relating to: (1) the election to expense certain costs associated with liquid fuel refineries; (2) accelerated depreciation of natural gas distribution lines and natural gas gathering lines; and (3) accelerated amortization of geological and geophysical expenditures. Reduces the daily barrel production requirement (from 75,000 to 50,000) applicable to small refiners eligible for the exemption from limitations on the oil and gas depletion allowance.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Regulatory Transparency for New Medical Therapies Act''. SEC. 2. SCHEDULING OF SUBSTANCES INCLUDED IN NEW FDA-APPROVED DRUGS. (a) Effective Date of Approval.-- (1) Effective date of drug approval.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the following: ``(x) Date of Approval in the Case of Recommended Controls Under the CSA.-- ``(1) In general.--In the case of an application under subsection (b) with respect to a drug for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, approval of such application shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act. ``(2) Date of approval.--For purposes of this section, with respect to an application described in paragraph (1), the term `date of approval' shall mean the later of-- ``(A) the date an application under subsection (b) is approved under subsection (c); or ``(B) the date of issuance of the interim final rule controlling the drug.''. (2) Effective date of approval of biological products.--Section 351 of the Public Health Service Act (42 U.S.C. 262) is amended by adding at the end the following: ``(n) Date of Approval in the Case of Recommended Controls Under the CSA.-- ``(1) In general.--In the case of an application under subsection (a) with respect to a biological product for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, approval of such application shall not take effect until the interim final rule controlling the biological product is issued in accordance with section 201(j) of the Controlled Substances Act. ``(2) Date of approval.--For purposes of this section, with respect to an application described in paragraph (1), references to the date of approval of such application, or licensure of the product subject to such application, shall mean the later of-- ``(A) the date an application is approved under subsection (a); or ``(B) the date of issuance of the interim final rule controlling the biological product.''. (3) Effective date of approval of animal drugs.-- (A) In general.--Section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end the following: ``(q) Date of Approval in the Case of Recommended Controls Under the CSA.-- ``(1) In general.--In the case of an application under subsection (b) with respect to a drug for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, approval of such application shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act. ``(2) Date of approval.--For purposes of this section, with respect to an application described in paragraph (1), the term `date of approval' shall mean the later of-- ``(A) the date an application under subsection (b) is approved under subsection (c); or ``(B) the date of issuance of the interim final rule controlling the drug.''. (B) Conditional approval.--Section 571(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc(d)) is amended by adding at the end the following: ``(4)(A) In the case of an application under subsection (a) with respect to a drug for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, conditional approval of such application shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act. ``(B) For purposes of this section, with respect to an application described in subparagraph (A), the term `date of approval' shall mean the later of-- ``(i) the date an application under subsection (a) is conditionally approved under subsection (b); or ``(ii) the date of issuance of the interim final rule controlling the drug.''. (C) Indexing of legally marketed unapproved new animal drugs.--Section 572 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc-1) is amended by adding at the end the following: ``(k) In the case of a request under subsection (d) to add a drug to the index under subsection (a) with respect to a drug for which the Secretary provides notice to the person filing the request that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, a determination to grant the request to add such drug to the index shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act.''. (4) Date of approval for designated new animal drugs.--Section 573(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc-2(c)) is amended by adding at the end the following: ``(3) For purposes of determining the 7-year period of exclusivity under paragraph (1) for a drug for which the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, the drug shall not be considered approved or conditionally approved until the date that the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act.''. (b) Scheduling of Newly Approved Drugs.--Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by inserting after subsection (i) the following: ``(j)(1) With respect to a drug referred to in subsection (f), if the Secretary of Health and Human Services recommends that the Attorney General control the drug in schedule II, III, IV, or V pursuant to subsections (a) and (b), the Attorney General shall, not later than 90 days after the date described in paragraph (2), issue an interim final rule controlling the drug in accordance with such subsections and section 202(b) using the procedures described in paragraph (3). ``(2) The date described in this paragraph shall be the later of-- ``(A) the date on which the Attorney General receives the scientific and medical evaluation and the scheduling recommendation from the Secretary of Health and Human Services in accordance with subsection (b); or ``(B) the date on which the Attorney General receives notification from the Secretary of Health and Human Services that the Secretary has approved an application under section 505(c), 512, or 571 of the Federal Food, Drug, and Cosmetic Act or section 351(a) of the Public Health Service Act, or indexed a drug under section 572 of the Federal Food, Drug, and Cosmetic Act, with respect to the drug described in paragraph (1). ``(3) A rule issued by the Attorney General under paragraph (1) shall become immediately effective as an interim final rule without requiring the Attorney General to demonstrate good cause therefor. The interim final rule shall give interested persons the opportunity to comment and to request a hearing. After the conclusion of such proceedings, the Attorney General shall issue a final rule in accordance with the scheduling criteria of subsections (b), (c), and (d) of this section and section 202(b).''. (c) Extension of Patent Term.--Section 156 of title 35, United States Code, is amended-- (1) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, or in the case of a drug product described in subsection (i), within the sixty-day period beginning on the covered date (as defined in subsection (i))'' after ``marketing or use''; and (2) by adding at the end the following: ``(i)(1) For purposes of this section, if the Secretary of Health and Human Services provides notice to the sponsor of an application or request for approval, conditional approval, or indexing of a drug product for which the Secretary intends to recommend controls under the Controlled Substances Act, beginning on the covered date, the drug product shall be considered to-- ``(A) have been approved or indexed under the relevant provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act; and ``(B) have permission for commercial marketing or use. ``(2) In this subsection, the term `covered date' means the later of-- ``(A) the date an application is approved-- ``(i) under section 351(a)(2)(C) of the Public Health Service Act; or ``(ii) under section 505(b) or 512(c) of the Federal Food, Drug, and Cosmetic Act; ``(B) the date an application is conditionally approved under section 571(b) of the Federal Food, Drug, and Cosmetic Act; ``(C) the date a request for indexing is granted under section 572(d) of the Federal Food, Drug, and Cosmetic Act; or ``(D) the date of issuance of the interim final rule controlling the drug under section 201(j) of the Controlled Substances Act.''. SEC. 3. ENHANCING NEW DRUG DEVELOPMENT. Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(i)(1) For purposes of registration to manufacture a controlled substance under subsection (d) for use only in a clinical trial, the Attorney General shall register the applicant, or serve an order to show cause upon the applicant in accordance with section 304(c), not later than 180 days after the date on which the application is accepted for filing. ``(2) For purposes of registration to manufacture a controlled substance under subsection (a) for use only in a clinical trial, the Attorney General shall, in accordance with the regulations issued by the Attorney General, issue a notice of application not later than 90 days after the application is accepted for filing. Not later than 90 days after the date on which the period for comment pursuant to such notice ends, the Attorney General shall register the applicant, or serve an order to show cause upon the applicant in accordance with section 304(c), unless the Attorney General has granted a hearing on the application under section 1008(i) of the Controlled Substances Import and Export Act.''. SEC. 4. RE-EXPORTATION AMONG MEMBERS OF THE EUROPEAN ECONOMIC AREA. Section 1003 of the Controlled Substances Import and Export Act (21 U.S.C. 953) is amended-- (1) in subsection (f)-- (A) in paragraph (5)-- (i) by striking ``(5)'' and inserting ``(5)(A)''; (ii) by inserting ``, except that the controlled substance may be exported from a second country that is a member of the European Economic Area to another country that is a member of the European Economic Area, provided that the first country is also a member of the European Economic Area'' before the period at the end; and (iii) by adding at the end the following: ``(B) Subsequent to any re-exportation described in subparagraph (A), a controlled substance may continue to be exported from any country that is a member of the European Economic Area to any other such country, if-- ``(i) the conditions applicable with respect to the first country under paragraphs (1), (2), (3), (4), (6), and (7) are met by each subsequent country from which the controlled substance is exported pursuant to this paragraph; and ``(ii) the conditions applicable with respect to the second country under paragraphs (1), (2), (3), (4), (6), and (7) are met by each subsequent country to which the controlled substance is exported pursuant to this paragraph.''; and (B) in paragraph (6)-- (i) by striking ``(6)'' and inserting ``(6)(A)''; and (ii) by adding at the end the following: ``(B) In the case of re-exportation among members of the European Economic Area, within 30 days after each re-exportation, the person who exported the controlled substance from the United States delivers to the Attorney General-- ``(i) documentation certifying that such re-exportation has occurred; and ``(ii) information concerning the consignee, country, and product.''; and (2) by adding at the end the following: ``(g) Limitation.--Subject to paragraphs (5) and (6) of subsection (f) in the case of any controlled substance in schedule I or II or any narcotic drug in schedule III or IV, the Attorney General shall not promulgate nor enforce any regulation, subregulatory guidance, or enforcement policy which impedes re-exportation of any controlled substance among European Economic Area countries, including by promulgating or enforcing any requirement that-- ``(1) re-exportation from the first country to the second country or re-exportation from the second country to another country occur within a specified period of time; or ``(2) information concerning the consignee, country, and product be provided prior to exportation of the controlled substance from the United States or prior to each re-exportation among members of the European Economic Area.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on October 26, 2015. Improving Regulatory Transparency for New Medical Therapies Act (Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to delay the effective date of approval of a drug, biological product, or animal drug for which the Food and Drug Administration (FDA) recommends controls under the Controlled Substances Act until the Department of Justice (DOJ) issues a final interim rule for the drug. This delay also applies to conditional approval and indexing of animal drugs. This bill amends the Controlled Substances Act to require the DOJ to issue a final interim rule for a drug product recommended for controls by the FDA not later than 90 days after DOJ receives a recommendation for controls or the FDA approves the drug. The final interim rule is effective immediately. For purposes of submitting an application to extend a patent, a drug product recommended for controls is considered to be approved and have permission for commercial marketing and use on the date of FDA approval or the date an interim final rule is issued, whichever is later. (Sec. 3) Timelines are established for DOJ to either register an applicant to manufacture a controlled substance for a clinical trial or serve an order to show cause upon the applicant. (Sec. 4) This bill amends the Controlled Substances Import and Export Act to allow exported controlled substances to be re-exported within the European Economic Area.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Solar Stimulus for Job Creation and Energy Independence Act of 2009''. SEC. 2. REFUNDABLE INVESTMENT CREDIT FOR PROPERTY USED TO MANUFACTURE SOLAR ENERGY PROPERTY. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (defining energy property) is amended by striking ``or'' at the end of clause (vi), by adding ``or'' at the end of clause (vii), and by inserting after clause (vii) the following new clause: ``(viii) property used to manufacture equipment described in clause (i) or (ii),''. (b) Credit To Be Refundable.-- (1) In general.--Subsection (c) of section 38 of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Special rules for solar energy investment credit.-- ``(A) In general.--In the case of the solar energy investment credit-- ``(i) this section and section 39 shall be applied separately with respect to such credit, ``(ii) in applying paragraph (1) to such credit-- ``(I) the tentative minimum tax shall be treated as being zero, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the solar energy investment credit), and ``(iii) the amount of the solar energy investment credit in excess of the limitation under paragraph (1) (as modified by subclause (II)) shall be treated as a credit under subpart C. ``(B) Solar energy investment credit.--For purposes of this subsection, the term `solar energy investment credit' means so much of the energy credit as is attributable to property described in clause (viii) of section 48(a)(3)(A). ``(C) Termination.--This paragraph shall not apply to any taxable year ending after December 31, 2010.''. (2) Conforming amendments.-- (A) Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by striking ``and the specified credits'' and inserting ``the specified credits, and the solar energy investment credit''. (B) Subclause (II) of section 38(c)(3)(A)(ii) of such Code is amended by striking ``and the specified credits'' and inserting ``, the specified credits, and the solar energy investment credit''. (C) Subclause (II) of section 38(c)(4)(A)(ii) of such Code is amended by inserting ``and the solar energy investment credit'' after ``specified credits''. (D) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``38(c)(5),'' after ``36,''. (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. 3. EXCEPTION FROM SUBSIDIZED ENERGY FINANCING RULES FOR SOLAR ENERGY PROPERTY. (a) In General.--Subparagraph (C) of section 48(a)(4) of the Internal Revenue Code of 1986 (defining subsidized energy financing) is amended by adding at the end the following new sentence: ``Such term shall not include any loan described in section 141(c)(2)(D).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after such date in taxable years ending after such date. SEC. 4. EXCEPTION FROM PRIVATE ACTIVITY BOND TESTS FOR FINANCING OF SOLAR ENERGY PROPERTY. (a) Exception From Private Business Use Test.--Paragraph (6) of section 141(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Solar energy property.--For purposes of subparagraph (A), property described in clause (i) or (ii) of section 48(a)(3)(A) shall not be treated as used in a trade or business.''. (b) Exception From Private Loan Financing Test.--Paragraph (2) of section 141(c) of the Internal Revenue Code of 1986 (relating to exception for tax assessment, etc., loans) 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) enables the borrower to finance the acquisition, construction, and installation of property described in clause (i) or (ii) of section 48(a)(3)(A).''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. SEC. 5. GOVERNMENT PROCUREMENT OF SOLAR ENERGY. Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Contracts for Renewable Energy.--Notwithstanding section 501(b)(1)(B) of title 40, United States Code, a contract for renewable energy may be made for a period of not more than 25 years.''.

Solar Stimulus for Job Creation and Energy Independence Act of 2009 - Amends the Internal Revenue Code to: (1) provide for the refundability of the energy tax credit for investment in property used to manufacture solar energy property through 2010; and (2) exempt certain solar energy property from private activity bond usage and loan financing rules. Amends the Energy Policy Act of 2005 to limit to 25 years the contract period for federal purchases of renewable energy.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Opportunities for Increasing Contributions to Education Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 75 percent of the qualified charitable contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.-- ``(1) Individuals.--In the case of a taxpayer other than a corporation, the credit allowed by subsection (a) for any taxable year shall not exceed $500 ($1,000 in the case of a joint return). ``(2) Corporations.--In the case of a corporation, the credit allowed by subsection (a) shall not exceed $100,000. ``(c) Qualified Charitable Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified charitable contribution' means, with respect to any taxable year, the aggregate amount allowable as a deduction under section 170 (determined without regard to subsection (d)(1)) for cash contributions-- ``(A) to a school tuition organization, ``(B) for the improvement, renovation, or construction of a school facility that is used primarily to provide education at the elementary or secondary level, and ``(C) for the acquisition of computer technology or equipment (as defined in subparagraph (E)(i) of section 170(e)(6)), or for training related to the use of such technology or equipment, for use in a school facility described in subparagraph (B). ``(2) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization which-- ``(i) is described in section 170(c)(2), ``(ii) allocates at least 90 percent of its gross income and contributions and gifts to elementary and secondary school scholarships, and ``(iii) awards scholarships to any student who is eligible for free or reduced cost lunch under the school program established under the Richard B. Russell National School Lunch Act. ``(B) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade. ``(3) School facility.--The term `school facility' shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any contribution for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(3) Controlled groups.--All persons who are treated as one employer under subsection (a) or (b) of section 52 shall be treated as 1 taxpayer for purposes of this section. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit for contributions for the benefit of elementary and secondary schools.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Voluntary Opportunities for Increasing Contributions to Education Act - Amends the Internal Revenue Code to allow an annual tax credit of up to $500 for an individual ($1,000 for joint filers) and $100,000 for a corporation for 75 percent of the qualified charitable contributions (school tuition organizations, facility construction or renovation, computer acquisition or training) made on behalf of elementary or secondary schools.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Census Improvement Act''. SEC. 2. LIMITATION ON ELIGIBILITY TO PARTICIPATE IN PLANNING PARTNERSHIP PROGRAM FOR THE 2010 CENSUS. (a) In General.--Participation in the Planning Partnership Program for the 2010 census of population shall not be allowed in the case of-- (1) an organization which has been indicted for a violation under Federal or State law relating to an election for Federal or State office; or (2) an organization which employs applicable individuals. (b) Applicable Individual Defined.--For purposes of this section, the term ``applicable individual'' means an individual who-- (1) is-- (A) employed by the organization in a permanent or temporary capacity; (B) contracted or retained by the organization; or (C) acting on behalf of, or with the express or apparent authority of, the organization; and (2) has been indicted for a violation under Federal or State law relating to an election for Federal or State office. (c) State Defined.--For purposes of this section, the term ``State'' includes the District of Columbia. SEC. 3. TWO-THIRDS VOTE REQUIRED TO REPEAL OR OTHERWISE LIMIT PROVISIONS RELATING TO CONFIDENTIALITY OF CERTAIN INFORMATION. (a) Rulemaking Power.--The succeeding provisions of this section are enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such shall be deemed a part of the rules of each House, respectively, and shall supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. (b) Voting Requirement.--No bill or joint resolution, amendment, or conference report containing a provision which would have the effect of repealing, suspending, or otherwise limiting the application of section 9 of title 13, United States Code (relating to information as confidential; exception) shall be considered as passed or agreed to, by either House of Congress, unless so passed or agreed to by a vote of not less than two-thirds of the Members of such House voting. SEC. 4. REVIEW AND REPORT TO CONGRESS. (a) In General.--Not later than 6 months after the deadline for the submission described in subsection (c), the Government Accountability Office shall review and report to Congress on the questions proposed to be included in the 2010 census of population and the American Community Survey (next scheduled to be carried out after the end of the 6-month period beginning after the date of the enactment of this Act). (b) Requirements.--In carrying out this section, the Government Accountability Office shall specifically address-- (1) the reasons for each question proposed to be included in the survey or census and the purposes for which the information obtained from respondents is likely to be used; (2) alternative means by which the same information could be obtained other than by inclusion in such census or survey, as the case may be; and (3) the relative advantages and disadvantages of obtaining the information through a census or survey (as the case may be) as compared to the alternative means referred to in paragraph (2). (c) Submission of Questions.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Government Accountability Office-- (1) a copy of each question proposed to be included in the upcoming American Community Survey (as described in subsection (a)) and the 2010 census of population; and (2) with respect to each question under paragraph (1), the views of the Secretary of Commerce (or designee) with respect to paragraphs (1) through (3) of subsection (b). SEC. 5. PRACTICE OF SEEKING ANSWERS TO SURVEY OR CENSUS QUESTIONS FROM NON-HOUSEHOLD MEMBERS NO LONGER ALLOWED. (a) In General.--Notwithstanding any other provision of law, no officer, employee, or other person referred to in subchapter II of chapter 1 of title 13, United States Code, may, in the conduct of the American Community Survey or the 2010 census of population, seek answers to any questions relating to any household or any member of such household from any person who is not a member of such household. (b) Implementation.--The Secretary of Commerce shall take such measures as may be necessary to provide for the implementation of subsection (a). SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``census of population'' has the meaning given such term by section 141(g) of title 13, United States Code; and (2) the term ``Member'' means a Member of Congress, as defined by section 2106 of title 5, United States Code.

Census Improvement Act - Prohibits any organization that has been indicted for a violation of law relating to an election for federal or state office or that employs or otherwise uses the services of an individual who has been indicted for such a violation from participating in the Planning Partnership Program for the 2010 census of population. Provides that no bill, joint resolution, amendment, or conference report containing a provision which would have the effect of limiting the application of provisions regarding the confidentiality of census information shall be considered as passed or agreed to by either chamber of Congress except by a vote of at least two-thirds of the Members voting. Requires: (1) the Secretary of Commerce to submit to the Government Accountability Office (GAO) a copy of each question proposed to be included in the 2010 census and the American Community Survey; (2) GAO to review and report to Congress on such questions; and (3) the Secretary to include his or her views on, and GAO to specifically address, the reasons for each question, the purposes for which the information obtained is likely to be used, alternative means by which the same information could be obtained, and the relative advantages and disadvantages of obtaining the information through a census or survey. Prohibits any person conducting the Survey or 2010 census from seeking answers to any questions relating to a household or any member of such household from any person who is not a member of that household.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facility Accountability Act of 2013''. SEC. 2. FEDERAL FACILITIES. (a) Application to Federal Government.--Section 120(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)) is amended in the heading by striking ``of Act''. (b) Application of Requirements to Federal Facilities.--Section 120(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)(2)) is amended-- (1) by striking ``preliminary assessments'' and inserting ``response actions''; (2) by inserting ``or'' after ``National Contingency Plan,''; (3) by striking ``, or applicable to remedial actions at such facilities''; and (4) by inserting ``or have been'' before ``owned or operated''. (c) Applicability of Laws.--Section 120(a)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)(4)) is amended to read as follows: ``(4) Applicability of laws.-- ``(A) In general.--Each department, agency, and instrumentality of the United States shall be subject to, and comply with, at facilities that are or have been owned or operated by any such department, agency, or instrumentality, State substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants, including State hazardous waste requirements, in the same manner and to the same extent as any nongovernmental entity. ``(B) Compliance.-- ``(i) In general.--The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any State substantive or procedural requirement referred to in subparagraph (A). ``(ii) Injunctive relief.--Neither the United States, nor any agent, employee, nor officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court with respect to the enforcement of any injunctive relief under subparagraph (C)(ii). ``(iii) Civil penalties.--No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any State substantive or procedural requirement referred to in subparagraph (A), or this Act, with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. ``(C) Substantive and procedural requirements.--The State substantive and procedural requirements referred to in subparagraph (A) include-- ``(i) administrative orders; ``(ii) injunctive relief; ``(iii) civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations; ``(iv) reasonable service charges or oversight costs; and ``(v) laws or regulations requiring the imposition and maintenance of engineering or land use controls. ``(D) Reasonable service charges or oversight costs.--The reasonable service charges or oversight costs referred to in subparagraph (C) include fees or charges assessed in connection with-- ``(i) the processing, issuance, renewal, or modification of permits; ``(ii) the review of plans, reports, studies, and other documents; ``(iii) attorney's fees; ``(iv) inspection and monitoring of facilities or vessels; and ``(v) any other nondiscriminatory charges that are assessed in connection with a State requirement regarding response relating to hazardous substances or pollutants or contaminants.''. SEC. 3. AUTHORITY TO DELEGATE, ISSUE REGULATIONS. Section 115 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9615) is amended by adding at the end the following new sentence: ``If the President delegates or assigns any duties or powers under this section to a department, agency, or instrumentality of the United States other than the Administrator, the Administrator may review, as the Administrator determines necessary or upon request of any State, actions taken, or regulations promulgated, pursuant to such delegation or assignment, for purposes of ensuring consistency with the guidelines, rules, regulations, or criteria established by the Administrator under this title.''.

Federal Facility Accountability Act of 2013 - (Sec. 2) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to apply all guidelines, rules, regulations, and criteria applicable to response actions (currently, preliminary assessments) to address hazardous substances at facilities to those currently or formerly owned or operated by the United States. Requires federal facilities to comply with state substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants, including state hazardous waste requirements, in the same manner and to the same extent as any nongovernmental entity. Waives sovereign immunity with respect to state substantive or procedural requirements. Prohibits an agent, employee, or officer of the United States from being: (1) immune or exempt from injunctive relief with respect to such state requirements, and (2) personally liable for any civil penalty under such requirements or CERCLA with respect to any act or omission within the scope of their official duties. Provides that state substantive and procedural requirements include administrative orders, injunctive relief, civil and administrative penalties and fines, reasonable service charges or oversight costs, and laws or regulations requiring the imposition and maintenance of engineering or land use controls. (Sec. 3) Authorizes the Administrator of the Environmental Protection Agency (EPA) to review as determined necessary, or upon state request, actions taken or regulations promulgated pursuant to any duties or powers delegated or assigned by the President to a department, agency, or instrumentality of the United States other than EPA to ensure consistency with the guidelines, rules, regulations, or criteria established by the Administrator.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``International Infectious Diseases Control Act of 2001''. SEC. 2. DEFINITIONS. In this Act: (1) AIDS.--The term ``AIDS'' means the acquired immune deficiency syndrome. (2) Executive agency.--The term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code. (3) Global fund.--The term ``global fund'' means the global fund to fight HIV/AIDS, malaria, and tuberculosis established consistent with section 4. (4) HIV.--The term ``HIV'' means the human immunodeficiency virus, the pathogen that causes AIDS. (5) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to an individual, an individual who is infected with HIV or living with AIDS. (6) Secretary general.--The term ``Secretary General'' means the Secretary General of the United Nations. (7) World bank.--The term ``World Bank'' means the International Bank for Reconstruction and Development. SEC. ____03. FINDINGS. Congress makes the following findings: (1) HIV/AIDS, tuberculosis, and malaria disproportionately affect the world's poorest countries and together will cost the lives of 6,000,000 people this year alone. (2) According to the Joint United Nations Programme on HIV/ AIDS (UNAIDS), more than 58,000,000 people worldwide have already been infected with HIV/AIDS, a fatal disease that is devastating the health, economies, and social structures in dozens of countries in Africa, and increasingly in Asia, the Caribbean, and Eastern Europe. (3) AIDS has wiped out decades of progress in improving the lives of families in the developing world. As the leading cause of death in Africa, AIDS has killed 17,000,000 and will claim the lives of one quarter of the population, mostly productive adults, in the next decade. In addition, 13,000,000 children have been orphaned by AIDS--a number that will rise to 40,000,000 by 2010. (4) The World Health Organization (WHO) estimates that 8,000,000 people each year become sick with tuberculosis, one of the most dangerous contagious diseases, easily transmitted through the air from those infected. Globally, tuberculosis kills at least 2,000,000 each year, is the leading killer of women between 15 and 44 years old, and is the most common cause of death in Africa in those with HIV/AIDS. (5) More than 40 percent of tuberculosis cases in the United States result from importation of tuberculosis from foreign-borne persons. Multidrug-resistant tuberculosis spreads because of inadequate control programs and inappropriate use of anti-tuberculosis drugs--mostly in the developing world. Without a concerted international effort to increase the implementation of WHO-approved control strategies, the United States risks importation of this particularly dangerous form of tuberculosis. (6) Malaria is a third disease that saps the social and economic strength tropical developing countries. Malaria affects more than 500,000,000 people each year and undermines not only the health and productivity of the world's poorest countries; malaria kills at least 1,000,000 each year, about 3,000 each day. In Africa, malaria kills a child every 40 seconds. (7) Beyond the human toll, the economic impact of AIDS, malaria, and tuberculosis on regional economies is severe. According to UNAIDS, HIV/AIDS alone will reduce gross domestic product (GDP) of South Africa by 17 percent, or $22,000,000,000 over the next 10 years, and WHO estimates that sub-Saharan Africa's GDP would be 32 percent, or $100,000,000,000 higher now if malaria had been conquered 35 years ago. The current short term economic loss and direct cost of malaria is estimated to be up to $12,000,000,000 each year. (8) The UNAIDS program estimates it will cost $3,000,000,000 for basic AIDS prevention and care services in sub-Saharan Africa alone, and at least $2,000,000,000 more if anti-retroviral drugs are provided widely. But in Africa, only $500,000,000 is currently available from all donors, lending agencies, and African governments themselves. (9) For tuberculosis control, WHO estimates that a total of $1,000,000,000 per year will be necessary to effectively fight the tuberculosis epidemic, which will be spent to identify at least 70 percent of the cases and curing 85 percent of them. WHO indicates that an increase of $400,000,000 per year could make this goal a reality. (10) The Secretary General of the United Nations, Kofi Annan, has called for a global fund to halt and reverse the spread of HIV/AIDS, malaria, and tuberculosis. The Secretary General proposed a multibillion dollar ``war chest'' financed jointly by donor governments and private contributors and, equally important, called on leaders from developing nations to give a much higher priority in their budgets to development of comprehensive health systems. (11) The Secretary General has outlined the following five objectives for the fight against AIDS: (A) To ensure that people everywhere know what to do to prevent infection. (B) To prevent the transmission from mother to child. (C) To provide care and treatment to those infected. (D) To provide care to those affected by AIDS, especially orphans. (E) To deliver scientific breakthroughs, especially vaccines. (12) Prevention of new infections is key, although treatment and care for those infected by HIV/AIDS is an increasingly critical component of the global response. Improving health systems, providing home-based care, treating AIDS-associated diseases like tuberculosis, providing for family support and orphan care, and making anti-retroviral drugs against HIV available will reduce social and economic damage to families and communities. (13) Responding to the call from the Secretary General, the African heads of state meeting at the African Summit on HIV/ AIDS, tuberculosis, and other infectious diseases in Abuja, Nigeria, April 25-27, committed to increasing to at least 15 percent the proportion of their budgets allocated to the health sector. (14) Expanded United States financial support for new broad based international partnerships to control HIV/AIDS, malaria, and tuberculosis can help leverage substantial increases in global commitments to narrow the gap between need and currently available resources. (15) The World Bank and WHO have demonstrated that investment in global public health activities to reduce HIV/ AIDS, malaria, and tuberculosis not only is a humanitarian imperative, it also helps bolster the economic and social development necessary to build political and trade alliances. Further, containment of international disease threats has beneficial ramifications for Americans who are increasingly susceptible to global infectious disease threats. SEC. 4. PURPOSES. The purposes of this Act are to provide for United States participation in a global effort to-- (1) mitigate the effects, and control the spread, of HIV/ AIDS, malaria, and tuberculosis by supporting programs for the prevention of new infections and for the care and treatment of individuals infected with those diseases in countries seriously affected, especially programs that provide care for children orphaned by the HIV/AIDS epidemic; and (2) provide the resources and leadership to control AIDS, malaria, and tuberculosis through support of programs that emphasize-- (A) a science-based integrated approach that includes prevention of new infections and the treatment and care of infected individuals; (B) public-private partnerships; and (C) good governance. SEC. 5. GLOBAL FUND TO FIGHT HIV/AIDS, MALARIA, AND TUBERCULOSIS. (a) Efforts To Reach Agreement for Establishment of Global Fund.-- (1) In general.--The President, in consultation with the Secretary General and the heads of relevant Executive agencies, shall work with foreign governments, the United Nations and its relevant specialized agencies, the World Bank, and the private sector to reach an agreement for the establishment of a global fund to fight HIV/AIDS, malaria, and tuberculosis, to carry out the purposes of section 4 (1) and (2). (2) Delegation of authority.--The President shall exercise the authority of this subsection through the Secretary of State and the Secretary of Health and Human Services, except that, with respect to the World Bank, the President shall exercise such authority through the Secretary of the Treasury. (b) Description of global fund.--The global fund should-- (1) be a public-private partnership that includes participation of, and seeks contributions from, governments, foundations, the private sector, civil society, the United Nations system, nongovernmental organizations, and other parties; (2) pursue an integrated approach that includes the prevention of new infections and the treatment and care of infected individuals; (3) focus on promotion of ``best practices'' in the prevention of new infections by funding a core group of programs that have been proven effective and then funding additional programs; (4) promote scientific and medical accountability by requiring proposals to be reviewed and approved by medical and public health experts; and (5) respect intellectual property rights as an important incentive in the development of new drugs. (c) Composition.--The global fund should be composed as follows: (1) Board of trustees.--The global fund should be governed by a board of trustees, which should be composed of representatives of donors, recipients of funding, multilateral agencies, and such other parties as may be authorized by the agreement establishing the global fund. (2) Technical advisory group.--The board of trustees of the global fund should establish a technical advisory group, consisting of persons with demonstrated knowledge and experience in the fields of public health, epidemiology, health care delivery, health economics, and biomedical research, to advise the board of trustees with respect to funding proposals and other matters. (3) Secretariat and other bodies.--Other bodies, such as a small secretariat, should be established to support the work of the board of trustees of the global fund. (d) Program Objectives.-- (1) Grant authority.-- (A) In general.--In carrying out the purposes of section 4 (1) and (2), the global fund, acting through its board of trustees with guidance from the technical advisory group, should provide only grants, including grants for technical assistance to support measures to build local capacity in national and local government, civil society, and the private sector, with respect to the prevention of new infections and the care and treatment of individuals infected with disease. (B) Eligibility for grants.--Governments and nongovernmental organizations shall be eligible to receive grants from the global fund. Emphasis should be given to facilitating the funding of nongovernmental organizations, including both faith-based and secular groups working in communities, except that national authorities should set the overall plan and agenda for dealing with public health and infectious diseases in their countries. (2) Activities supported.-- (A) In general.--Activities supported under paragraph (1) should include efforts to lead and implement effective and affordable HIV/AIDS, malaria, and tuberculosis programs, including programs focused on prevention and health education and treatment and care services, including access to affordable drugs. (B) Emphasis on strong political leadership.-- Emphasis should be given to ensuring strong political leadership in recipient countries, through the development and implementation of effective strategies against HIV/AIDS, tuberculosis, and malaria; development of well managed, transparently administered health systems; and monitoring and evaluation of programs supported by the global fund. (C) Initial priority on combating hiv/aids.--In view of the globalization of the AIDS epidemic, initial priority should be given to programs to combat HIV/ AIDS. Such programs should include the promotion of ``best practices'' in the prevention of new infections, including education that emphasizes risk avoidance such as abstinence, measures to stop mother-to-child transmission, and efforts to provide for the support and education of AIDS orphans and the families, communities, and institutions most affected by HIV/ AIDS. (e) Reports to Congress.-- (1) Annual reports by the president.--Not later than one year after the date of the enactment of this Act, and annually thereafter for the duration of the global fund, the President shall submit to the appropriate committees of Congress a report on the global fund, including its structure, objectives, contributions, funded projects, and assessment of its effectiveness. (2) Appropriate committees defined.--In paragraph (1), the term ``appropriate committees of Congress'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives. (f) United States Financial Participation.-- (1) Authorization of appropriations.--In addition to any other funds authorized for multilateral or bilateral programs related to HIV/AIDS, malaria, tuberculosis, or economic development, there is authorized to be appropriated to the Department of State $200,000,000 for fiscal year 2002 and $500,000,000 for fiscal year 2003 for payment to the global fund. (2) Reprogramming of fiscal year 2001 funds.--Funds made available for fiscal year 2001 under section 141 of the Global AIDS and Tuberculosis Relief Act of 2000 (as in effect immediately before the date of enactment of this Act)-- (A) are authorized to remain available until expended; and (B) shall be transferred to, merged with, and made available for the same purposes as, funds made available for fiscal year 2002 under paragraph (1). (3) Certification requirement.-- (A) In general.--Before the initial obligation or expenditure of funds appropriated under paragraph (1) or reprogrammed under paragraph (2), the President shall certify that adequate procedures and standards have been established to ensure accountability for and monitoring of the use of funds contributed to the global fund, including the cost of administering the global fund. (B) Transmittal of certification.--The certification required by subparagraph (A), and the bases for that certification, shall be submitted by the President to Congress. (4) Statutory construction.--Nothing in this Act may be construed to substitute for, or reduce resource levels otherwise appropriated by Congress for, bilateral and multilateral HIV/AIDS, malaria, and tuberculosis programs. SEC. 6. REPEAL. Subtitle B of title I of the Global AIDS and Tuberculosis Relief Act of 2000 (22 U.S.C. 6821 et seq.) is hereby repealed.

International Infectious Diseases Control Act of 2001 - Directs the President to work with foreign governments, the United Nations (UN), the World bank, and the private sector to agree to the establishment of a global fund to fight HIV/AIDS, malaria, and tuberculosis through the provision of grants to governments and nongovernmental organizations for implementation of effective and affordable HIV/AIDS, malaria, and tuberculosis programs (with initial priority to programs to combat HIV/AIDS), urging emphasis be given to ensuring strong political leadership in recipient countries.Amends the Global AIDS and Tuberculosis Relief Act of 2000 to repeal the establishment of the World Bank AIDS Trust Fund.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Infrastructure Modernization Act of 2013''. SEC. 2. EXPEDITED PROCESS FOR CONSIDERATION OF APPLICATIONS TO CONDUCT PUBLIC SAFETY PROJECTS. (a) Approval and Disapproval of Permits.-- (1) Deadline.--The Secretary of the Army shall approve or disapprove a covered permit application for a public safety project on or before the last day of the 2-year period beginning on the date of submission of the application. (2) Failure to meet deadline.--If the Secretary does not approve or disapprove a covered permit application for a public safety project on or before the last day specified in paragraph (1)-- (A) the application shall be considered under the expedited process established under subsection (b); unless (B) the Governor of the State in which the project is to be located issues a declaration of emergency with respect to the project under subsection (c), in which case the requirements of subsection (c) shall apply to the application. (b) Expedited Process.-- (1) In general.--The Secretary shall establish, by regulation, a process to expedite the consideration of a covered permit application for a public safety project. (2) Specifications for expedited process.--The expedited process shall provide for the following: (A) In complying with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project, the Secretary shall-- (i) prepare an environmental assessment or an environmental impact statement in accordance with paragraph (3); (ii) weigh the public safety aspects of the project as greater than the environmental costs; and (iii) complete consultation with other agencies, as necessary, not later than 6 months after the last day specified in subsection (a)(1). (B) In issuing a permit under the expedited process, the Secretary may not require mitigation costs in an amount that exceeds 20 percent of the total cost of the project. (C) In issuing a permit under the expedited process, the Secretary may implement species relocation for the project, as described in subsection (d). (3) Environmental assessment or impact statement.--In preparing an environmental assessment or an environmental impact statement under paragraph (2)(A)-- (A) the Secretary shall study, develop, and describe the proposed action and the alternative of no action; but (B) the Secretary is not required to study, develop, or describe any alternative actions to the proposed agency action unless the municipality in which is the project is to be located submits an alternative action. (4) Judicial review.--A person may obtain judicial review of any determination made for a public safety project under the expedited process only in the United States district court for the judicial district in which the project is to be located. (c) Emergency Declaration.-- (1) In general.--If the Secretary has not approved or disapproved a covered permit application for a public safety project on or before the last day specified in subsection (a)(1), the Governor of the State in which the project is to be located may issue a declaration of emergency with respect to the project. (2) Alternative arrangements.--If the Governor of a State issues a declaration of emergency with respect to a public safety project under paragraph (1), the State or municipality that submitted a covered permit application for the project may request that-- (A) the application be considered under the expedited process established under subsection (b); or (B) the President, acting through the Council on Environmental Quality, establish alternative arrangements for conducting the project. (3) Deadline.--Pursuant to a request received under paragraph (2)(B), the Council on Environmental Quality, on or before the last day of the 90-day period beginning on the date of the request shall-- (A) create an alternative to the proposed public safety project; or (B) approve the project. (4) Failure to meet deadline.--If, after receiving a request under paragraph (2)(B), the Council on Environmental Quality does not establish alternate procedures for conducting a public safety project or disapprove the project on or before the last day specified in paragraph (3)-- (A) the covered permit application submitted for the project shall be deemed approved; and (B) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to the project shall be deemed satisfied. (5) Judicial review.--The deemed approval of a covered permit application pursuant to paragraph (4)(A) shall not be subject to judicial review. (6) Relationship to other laws.--Any alternative arrangements established for a public safety project under paragraph (2)-- (A) shall be deemed to satisfy the requirements of section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and (B) shall not be subject to judicial review. (d) Species Relocations.--In the case of a covered permit application for a public safety project that authorizes species relocation pursuant to subsection (b)(2)(C), the Secretary, acting through the United States Fish and Wildlife Service, any Federal land management agency, the National Marine Fisheries Service, or a State conservation agency, shall relocate from the project any the members of a threatened or endangered species of plant or animal that the relevant Federal agencies determine would be taken in the course of the project. (e) Applicability.--This section shall apply to a covered permit application for a public safety project submitted after the date of enactment of this Act. (f) Report to Congress.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the implementation of this section. (g) Definitions.--In this section, the following definitions apply: (1) Covered permit application.--The term ``covered permit application'' means an application for a permit to discharge dredge or fill material submitted by a State or municipality under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344). (2) Municipality.--The term ``municipality'' has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). (3) Person.--The term ``person'' has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). (4) Public safety project.--The term ``public safety project'' means a project that has one of the following as its primary purpose: (A) The construction of a levee, self-closing flood barrier, seawall, or flood gate. (B) Slough and stream construction and dredging for flood control. (C) The construction of a retention pond for a residential area. (D) The construction of a road or bridge to be used for evacuation purposes in the case of a hurricane, wildfire, or other extreme weather event. (E) The construction of a storm water conveyance facility.

Public Infrastructure Modernization Act of 2013 - Requires the Secretary of the Army to approve or disapprove a covered permit application for a public safety project within two years after the application is submitted. Requires an application upon which the Secretary fails to act within such time to be considered under an expedited process, unless the governor of the state in which the project is to be located issues a declaration of emergency with respect to the project. Defines "covered permit application" as an application for a permit to discharge dredge or fill material submitted by a state or municipality under the Federal Water Pollution Control Act (commonly known as the Clean Water Act).Directs the Secretary to establish such an expedited process, under which the Secretary shall: (1) prepare an environmental assessment or an environmental impact statement, (2) weigh the public safety aspects of the project as greater than the environmental costs, and (3) complete consultation with other agencies within six months. Provides that the Secretary, in issuing a permit under the expedited process: (1) may not require mitigation costs in an amount that exceeds 20% of the project's total cost, and (2) may relocate from the project any of the members of a threatened or endangered species of plant or animal that the relevant federal agencies determine would be taken in the course of the project. Authorizes the state or municipality that submitted a covered permit application for a project, if a governor issues a declaration of emergency with respect to the project, to request that: (1) the application be considered under the expedited process; or (2) the Council on Environmental Quality approve the project or create an alternative, which must be done within 90 days or the application shall be deemed approved and the environmental requirements shall be deemed satisfied.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Treatment of Children's Deformities Act of 1998''. SEC. 2. COVERAGE OF MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 702(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 713. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standards relating to benefits for minor child's congenital or developmental deformity or disorder.''. (3) Internal revenue code amendments.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (as amended by section 1531(a) of the Taxpayer Relief Act of 1997) is amended-- (A) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standards relating to benefits for minor child's congenital or developmental deformity or disorder.''; and (B) by inserting after section 9812 the following: ``SEC. 9813. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act, as amended by section 605(a) of Public Law 104-204, is amended by inserting after section 2751 the following new section: ``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as added by section 605(b)(3)(B) of Public Law 104-204, is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1999. (2) The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (d) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the provisions of parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986''.

Treatment of Children's Deformities Act of 1998 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set standards requiring that group and individual health insurance coverage and group health plans provide coverage for treatment of a minor child's congenital or developmental deformity or disorder due to trauma, infection, tumor, or disease.

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SECTION 1. INCREASED CREDIT FOR MEDICAL RESEARCH. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by adding at the end the following new subsection: ``(i) Increased Credit for Medical Research.-- ``(1) General rule.--Subsection (a) of this section shall be applied by substituting-- ``(A) `40 percent' for `20 percent' in paragraph (1) thereof with respect to qualified medical research expenses, and ``(B) `medical research base amount' for `base amount'. ``(2) Qualified medical research expenses.--For purposes of this subsection-- ``(A) In general.--The term `qualified medical research expenses' means qualified research expenses-- ``(i) incurred for research in, or reasonably expected to lead to, the development of any medical product for the prevention, cure, or alleviation of human disease, sickness, or injury, and ``(ii) incurred before the earliest of-- ``(I) the date on which an application with respect to such product is approved under section 505(b) or 505A of the Federal Food, Drug, and Cosmetic Act, ``(II) the date on which a license for such product is approved under section 351 of the Public Health Service Act, or ``(III) the later of the date classification of such product as intended for human use is made under section 513 of the Federal Food, Drug, and Cosmetic Act or the date of approval of such product as intended for human use is granted under section 515 of such Act. ``(B) Exclusion of research after commercial production not to apply.--For purposes of this paragraph, the term `qualified research expenses' shall be determined without regard to subsection (d)(4)(A). ``(C) Special rule for certain testing.--The term `qualified medical research expenses' includes qualified research expenses for preclinical and clinical testing occurring after the earliest date under subparagraph (A)(ii) if the purpose of such testing is to develop new functional uses (including pediatric studies as described in section 355A(g) of the Federal Food, Drug, and Cosmetic Act), characteristics, indications, combinations, dosages, or delivery forms to an existing product. ``(D) Product.--For purposes of this paragraph, the term `product' means any drug, biologic, medical, or diagnostic test, or medical device. ``(3) Medical research base amount.--For purposes of this subsection-- ``(A) In general.--Except as provided in subparagraph (C), the term `medical research base amount' means, with respect to any taxable year, the average of the taxpayer's qualified medical research expenses for those taxable years in the base period during which the taxpayer paid or incurred qualified medical research expenses. The Secretary may prescribe regulations providing that de minimis amounts of qualified medical research expenses shall be disregarded under the preceding sentence. ``(B) Base period.--For purposes of subparagraph (A), the base period is the period consisting of-- ``(i) the most recent taxable year ending at least 6 months before the taxable year for which the medical research base amount is being determined, and ``(ii) the 4 taxable years preceding such most recent taxable year. ``(C) Medical base period amount for first 2 taxable years.--For each of the first 2 taxable years during which the taxpayer pays or incurs qualified medical research expenses, the term `medical research base amount' means 60 percent of the taxpayer's qualified medical research expenses for the taxable year for which such base period amount is determined. ``(4) Research conducted by academic and medical institutions.-- ``(A) In general.--Subsection (b)(3)(A) shall be applied-- ``(i) by substituting `100 percent' for `65 percent' with respect to amounts paid to a qualified academic institution for qualified research described in paragraph (2), and ``(ii) by substituting `85 percent' for `65 percent' with respect to amounts paid to a qualified nonprofit medical institution for qualified research described in paragraph (2). ``(B) Qualified academic institution.--For purposes of this paragraph, the term `qualified academic institution' means any of the following institutions: ``(i) Educational institutions.--Any institution described in section 170(b)(1)(A)(ii) or (iii) which is owned or affiliated with an institution of higher education as described in section 3304(f). ``(ii) Cancer research institutions.--Any cancer research institution which is designated as a cancer center by the National Cancer Institute, is, or is owned by, an organization described in section 501(c)(3), is exempt from taxation under section 501(a), and is not a private foundation. ``(iii) Nonprofit independent research institutions.--Any not-for-profit, independent research institute which is described in section 501(c)(3), is exempt from taxation under section 501(a), and is organized and operated exclusively for scientific or educational purposes. ``(C) Qualified nonprofit medical institution.--For purposes of this paragraph, the term `qualified nonprofit medical institution' means any not-for-profit organization that is described in section 501(c)(3), is exempt from taxation under section 501(a) by reason of its operation of a hospital or medical or health activity, is not a private foundation, and is not a qualified academic institution. ``(5) Election of alternative incremental medical research credit.-- ``(A) In general.--At the election of the taxpayer, the credit determined under this subsection shall be the sum of-- ``(i) 1.65 percent of so much of the taxpayer's qualified medical research expenses for the taxable year as exceeds 1 percent of the gross receipts of the taxpayer for the year but does not exceed 1.5 percent of such gross receipts, ``(ii) 2.2 percent of so much of such expenses as exceeds 1.5 percent of such gross receipts but does not exceed 2 percent of such gross receipts, and ``(iii) 2.75 percent of so much of such expenses as exceeds 2 percent of such receipts. ``(B) Election.--An election under this subsection shall apply only to the taxable year for which made. ``(6) Coordination.--In determining the amount of the credit allowed by subsection (a) for expenses which are not allowed the increased credit under this subsection-- ``(A) the amount of qualified research expenses shall be computed by excluding qualified medical research expenses for which the increased credit determined under this subsection is allowed; ``(B) the base amount determined under paragraph (1) of subsection (c) shall be computed by excluding qualified medical research expenses for which the increased credit determined under this subsection is allowed from qualified research expenses for purposes of that computation; and ``(C) the alternative incremental credit determined under subsection (c)(4) shall be computed by excluding qualified medical research expenses for which the increased credit determined under this subsection is allowed from qualified research expenses for purposes of that computation.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends Internal Revenue Code provisions concerning the credit for increasing research activities provisions to provide for an increased credit for qualified medical research expenses.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Rescue and Stabilization Act of 2008''. SEC. 2. EMERGENCY ASSISTANCE FOR THE REDEVELOPMENT OF ABANDONED AND FORECLOSED HOMES. (a) Direct Appropriations.--There is authorized to be appropriated for fiscal year 2008, $10,000,000,000, to remain available until expended, for assistance to States, qualified metropolitan cities, and units of general local government for the redevelopment of abandoned and foreclosed homes. (b) Allocation of Appropriated Amounts.-- (1) Allocation by hud for states.--Any amounts appropriated or otherwise made available pursuant to this section shall be allocated by the Secretary of Housing and Urban Development among the States, and provided to the States, in amounts determined according to the funding formula established pursuant to paragraph (2). (2) Formula for allocation among states.-- (A) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a funding formula under this paragraph. (B) Criteria.--The funding formula under this paragraph shall provide that, of the aggregate amount appropriated or otherwise made available pursuant to this section, the amount allocated for each State shall be the amount that bears the same ratio to such aggregate amount as the number of foreclosures on mortgages for homes occurring in such State during the most recently completed two calendar quarters for which such information is available, as determined by the Secretary, bears to the aggregate number of such foreclosures occurring in all States during such calendar quarters, as such amount is adjusted to account for differences in the States in-- (i) the number and percentage of homes in a State that are financed by a subprime mortgage related loan; (ii) the number and percentage of homes in a State in default or delinquency; and (iii) the median home price in a State. (3) Distribution.--Amounts appropriated or otherwise made available under this section shall be distributed to the States according to the funding formula required under paragraph (2) not later than 30 days after the establishment of such formula. (4) Allocation by states for qualified metropolitan cities.-- (A) Requirement to allocate.--Of any amounts allocated pursuant to this subsection for a State, such State shall allocate for each qualified metropolitan city located in such State an amount, as determined according to the funding formula established pursuant to subparagraph (B). (B) Formula for allocation among states.-- (i) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a funding formula under this subparagraph. (ii) Criteria.--The funding formula under this subparagraph shall provide that, of the aggregate amount allocated pursuant to this subsection for a State, the amount allocated for a qualified metropolitan city located in the State shall be the amount that bears the same ratio to such aggregate amount as the number of foreclosures on mortgages for homes occurring in such qualified metropolitan city during the most recently completed two calendar quarters for which such information is available, as determined by the Secretary, bears to the aggregate number of such foreclosures occurring in such State during such calendar quarters, as such amount is adjusted to account for differences between the qualified metropolitan city in and State in-- (I) the percentage of homes that are financed by a subprime mortgage related loan; (II) the percentage of homes in default or delinquency; and (III) the median home price. (5) Other amounts.--Any amounts allocated for a State that are not allocated for a qualified metropolitan city pursuant to paragraph (4) may be used for any units of general local government in the State. (c) Use of Funds.-- (1) In general.--Any State, qualified metropolitan city, or unit of general local government that receives amounts pursuant to this section shall, not later than 18 months after the receipt of such amounts, use such amounts to redevelop abandoned and foreclosed homes. (2) Priority.--Any State, qualified metropolitan city, or unit of general local government that receives amounts pursuant to this section shall in distributing such amounts give priority emphasis and consideration to those metropolitan areas, metropolitan cities, urban areas, rural areas, low- and moderate-income areas, and other areas with the greatest need, including those-- (A) with the greatest percentage of home foreclosures; (B) with the highest percentage of homes financed by a subprime mortgage related loan; or (C) identified by the State, qualified metropolitan city, or unit of general local government as likely to face a significant rise in the rate of home foreclosures. (3) Eligible uses.-- (A) In general.--Amounts made available under this section may be used only as follows: (i) Financial assistance through institutions and organizations.--To make grants, loans, and other financing mechanisms to community development financial institutions (as such term is defined under section 103(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5))), national intermediaries, and nonprofit housing or community development organizations and others to purchase and rehabilitate homes that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes. (ii) Financing mechanisms for redevelopment.--To establish financing mechanisms for redevelopment of foreclosed upon homes, including such mechanisms as soft- seconds, loan loss reserves, and shared-equity loans for low- and moderate-income homebuyers. (iii) Purchase and rehabilitation for sale or rental.--To purchase and rehabilitate homes that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes. (iv) Land banks.--To establish land banks for homes that have been foreclosed upon. (v) Demolition.--To demolish blighted structures. (vi) Project-based rental assistance.--To provide rental assistance for low- and moderate-income persons (as such term is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) that is attached to single family and multifamily residences. (vii) Project operating reserves.--To provide grants for use to cover the loss of rental assistance or in conjunction with a project loan that is attached to single family and multifamily residences. (viii) Project operating subsidies.--To fund project operating accounts used to cover net operating income shortfalls for single and multifamily residences. Eligible operating costs shall include costs of management, taxes, handling, insurance, and other related costs. (ix) CDBG-eligible activities.--To carry out any activities that, under section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305), are eligible to be carried out with amounts provided under title I of such Act. (B) Limitation.--Any funds used under this section for the purchase of an abandoned or foreclosed upon home shall be at a cost equal to or less than the appraised value of the home based on the most up-to- date appraisal, as such appraisal is defined by the Secretary. (d) Rule of Construction.--Amounts appropriated or otherwise made available to States, qualified metropolitan cities, and units of general local government under this section shall be treated as though such funds were community development block grant funds under title I of the Housing and Community Development Act of 1974. (e) Waiver Authority.-- (1) In general.--In administering any amounts appropriated or otherwise made available under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers (but not including the requirements of this section) in connection with the obligation by the Secretary or the use by the recipient of such funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), in order to expedite or facilitate the use of such funds. (2) Low and moderate income requirement.--Notwithstanding the authority of the Secretary under paragraph (1)-- (A) all of the funds appropriated or otherwise made available under this section shall be used with respect to persons whose incomes do not exceed 120 percent of area median income; and (B) not less than 25 percent of the funds made available under this section to any State, qualified metropolitan city, or unit of general local government shall be used with respect to persons whose incomes do not exceed 30 percent of the area median income. (f) Definitions.--For purposes of this Act, the following definitions shall apply: (1) Qualified metropolitan city.--The term ``qualified metropolitan city'' means a metropolitan city, as such term is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302), that has a population of not less than 200,000, as determined by the 2000 decennial census. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (3) State; unit of general local government.--The terms ``State'' and ``unit of general local government'' have the meanings given such terms in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). (g) Emergency Designation.--The amounts appropriated under this title are designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204 of S . Con. Res. 21 (110th Congress), the concurrent resolution on the budget for fiscal year 2008.

Neighborhood Rescue and Stabilization Act of 2008 - Authorizes for FY2008 appropriations for assistance to states and local governmental units for the redevelopment of abandoned and foreclosed homes. Requires the Secretary of Housing and Urban Development (HUD) to allocate the funds among the states according to a funding formula reflecting the ratio that home mortgage foreclosures occurring in a state bears to the aggregate number of such foreclosures occurring in all states. Requires states to allocate funds to qualified metropolitan cities according to a similar formula. Requires states and local governmental units to give priority to those metropolitan areas, metropolitan cities, urban areas, rural areas, low- and moderate-income areas, and other areas with the greatest need, including those: (1) with the greatest percentage of home foreclosures; (2) with the highest percentage of homes financed by a subprime mortgage related loan; or (3) identified as likely to face a significant rise in the rate of home foreclosures. Cites eligible uses and redevelopment financing mechanisms. Sets forth low- and moderate-income requirements for the use of all funds made available under this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Professional Development Act of 2006''. SEC. 2. ESTABLISHMENT OF PROFESSIONAL DEVELOPMENT PROGRAMS AT THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) is amended by inserting after section 843 the following: ``SEC. 844. HOMELAND SECURITY MENTORING PROGRAM. ``(a) Establishment.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish the Homeland Security Mentoring Program (in this section referred to as the `Mentoring Program') for employees of the Department. The Mentoring Program shall use applicable best practices, including those from the Chief Human Capital Officers Council. ``(2) Goals.--The Mentoring Program established by the Secretary-- ``(A) shall be established in accordance with the Department Human Capital Strategic Plan; ``(B) shall incorporate Department human capital strategic plans and activities, and address critical human capital deficiencies, recruitment and retention efforts, and succession planning within the Federal workforce of the Department; ``(C) shall enable employees within the Department to share expertise, values, skills, resources, perspectives, attitudes and proficiencies to develop and foster a cadre of qualified employees and future leaders; ``(D) shall incorporate clear learning goals, objectives, meeting schedules, and feedback processes that will help employees, managers, and executives enhance skills and knowledge of the Department while reaching professional and personal goals; ``(E) shall enhance professional relationships, contacts, and networking opportunities among the employees of the Department; ``(F) shall complement and incorporate (but not replace) mentoring and training programs within the Department in effect on the date of enactment of this section; and ``(G) may promote cross-disciplinary mentoring and training opportunities that include provisions for intradepartmental rotational opportunities, in accordance with human capital goals and plans that foster a more diversified and effective Federal workforce of the Department. ``(3) Training leaders council.-- ``(A) Establishment.--The Training Leaders Council established by the Chief Human Capital Officer shall administer the Mentoring Program. ``(B) Responsibilities.--The Training Leaders Council shall-- ``(i) provide oversight of the establishment and implementation of the Mentoring Program; ``(ii) establish a framework that supports the goals of the Mentoring Program and promotes cross-disciplinary mentoring and training; ``(iii) identify potential candidates to be mentors or mentees and select candidates for admission into the Mentoring Program; ``(iv) formalize mentoring assignments within the Department; ``(v) formulate individual development plans that reflect the needs of the Department, the mentor, and the mentee; ``(vi) coordinate with mentoring programs in the Department in effect on the date of enactment of this section; and ``(vii) establish target enrollment numbers for the size and scope of the Mentoring Program, under the human capital goals and plans of the Department. ``(4) Selection of participants for mentoring program.-- ``(A) In general.--The Mentoring Program shall consist of middle and senior level employees of the Department with significant experience who shall serve as mentors for junior and entry level employees and employees who are critical to Department succession plans and programs. ``(B) Selection of mentors.--Mentors shall be employees who-- ``(i) understand the organization and culture of the Department; ``(ii) understand the aims of mentoring in Federal public service; ``(iii) are available and willing to spend time with the mentee, giving appropriate guidance and feedback; ``(iv) enjoy helping others and are open- minded, flexible, empathetic, and encouraging; and ``(v) have very good communications skills, and stimulate the thinking and reflection of mentees. ``(C) Selection of mentees.--Mentees shall be motivated employees who possess potential for future leadership and management roles within the Department. ``(5) Roles and responsibilities of participants in the mentoring program.-- ``(A) Mentors.-- ``(i) Role.--A mentor shall serve as a model, motivator, and counselor to a mentee. ``(ii) Limitation.--Any person who is the immediate supervisor of an employee and evaluates the performance of that employee may not be a mentor to that employee under the Mentor Program. ``(iii) Responsibilities.--The responsibilities of a mentor may include-- ``(I) helping the mentee set short- term learning objectives and long-term career goals; ``(II) helping the mentee understand the organizational culture of the Department; ``(III) recommending or creating learning opportunities; ``(IV) providing informal education and training in areas such as communication, critical thinking, responsibility, flexibility, and teamwork; and ``(V) pointing out the strengths and areas for development of the mentee. ``(B) Mentees.--The responsibilities of the mentee may include-- ``(i) defining short-term learning objectives and long-term career goals; ``(ii) participating in learning opportunities to broaden knowledge of the Department; and ``(iii) participating in professional opportunities to improve a particular career area, develop an area of technical expertise, grow professionally, and expand leadership abilities. ``(6) Reporting.--Not later than 180 days after the date of the establishment of the Mentoring Program, the Secretary shall submit a report on the status of the Mentoring Program and enrollment, including the number of mentors and mentees in each component of the Department and how the Mentoring Program is being used in succession planning and leadership development to-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(B) the Committee on Homeland Security of the House of Representatives; and ``(C) the Committee on Government Reform of the House of Representatives. ``SEC. 845. HOMELAND SECURITY ROTATION PROGRAM. ``(a) Establishment.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish the Homeland Security Rotation Program (in this section referred to as the `Rotation Program') for employees of the Department. The Rotation Program shall use applicable best practices, including those from the Chief Human Capital Officers Council. ``(2) Goals.--The Rotation Program established by the Secretary shall-- ``(A) be established in accordance with the Department Human Capital Strategic Plan; ``(B) provide middle level employees in the Department the opportunity to broaden their knowledge through exposure to other components of the Department; ``(C) expand the knowledge base of the Department by providing for rotational assignments of employees to other components; ``(D) build professional relationships and contacts among the employees in the Department; ``(E) invigorate the workforce with exciting and professionally rewarding opportunities; ``(F) incorporate Department human capital strategic plans and activities, and address critical human capital deficiencies, recruitment and retention efforts, and succession planning within the Federal workforce of the Department; and ``(G) complement and incorporate (but not replace) rotational programs within the Department in effect on the date of enactment of this section. ``(3) Training leaders council.-- ``(A) In general.--The Training Leaders Council established by the Chief Human Capital Officer shall administer the Rotation Program. ``(B) Responsibilities.--The Training Leaders Council shall-- ``(i) provide oversight of the establishment and implementation of the Rotation Program; ``(ii) establish a framework that supports the goals of the Rotation Program and promotes cross-disciplinary rotational opportunities; ``(iii) establish eligibility for employees to participate in the Rotation Program and select participants from employees who apply; ``(iv) establish incentives for employees to participate in the Rotation Program, including promotions and employment preferences; ``(v) ensure that the Rotation Program provides professional education and training; ``(vi) ensure that the Rotation Program develops qualified employees and future leaders with broad-based experience throughout the Department; ``(vii) provide for greater interaction among employees in components of the Department; and ``(viii) coordinate with rotational programs within the Department in effect on the date of enactment of this section. ``(4) Allowances, privileges, and benefits.--All allowances, privileges, rights, seniority, and other benefits of employees participating in the Rotation Program shall be preserved. ``(5) Reporting.--Not later than 180 days after the date of the establishment of the Rotation Program, the Secretary shall submit a report on the status of the Rotation Program, including a description of the Rotation Program, the number of employees participating, and how the Rotation Program is used in succession planning and leadership development to-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(B) the Committee on Homeland Security of the House of Representatives; and ``(C) the Committee on Government Reform of the House of Representatives.''. (b) Technical and Conforming Amendment.--Section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by inserting after the item relating to section 843 the following: ``Sec. 844. Homeland Security Mentoring Program. ``Sec. 845. Homeland Security Rotation Program.''. SEC. 3. REPORTS TO CONGRESS. (a) In General.--Chapter 41 of title 5, United States Code is amended by adding at the end the following: ``SEC. 4122. REPORTS TO CONGRESS. ``The Director of the Office of Personnel Management shall report annually to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives on the training, mentoring, and succession plans and programs of Federal agencies, including the number of participants, the structure of the programs, and how participants are used for leadership development and succession planning programs.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 41 of title 5, United States Code, is amended by inserting after the item relating to section 4121 the following: ``4122. Reports to Congress.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out this Act.

Homeland Security Professional Development Act of 2006 - Amends the Homeland Security Act of 2002 to direct the Secretary of the Department of Homeland Security (DHS) to establish: (1) the Homeland Security Mentoring Program for DHS employees, the goals of which shall include addressing critical human capital deficiencies, recruitment and retention efforts, and succession planning and promoting cross-disciplinary mentoring and training opportunities; and (2) the Homeland Security Rotation Program to provide middle level DHS employees the opportunity to broaden their knowledge through exposure to other DHS components. Requires such programs to be: (1) established in accordance with DHS's Human Capital Strategic Plan; and (2) administered by the Training Leaders Council (established by the Chief Human Capital Officer). Requires the Director of the Office of Personnel Management (OPM) to report annually to specified congressional committees on the training, mentoring, and succession plans and programs of federal agencies.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Texas National Forests Improvement Act of 2000''. SEC. 2. CONVEYANCE OF ADMINISTRATIVE SITES, TEXAS NATIONAL FOREST SYSTEM LANDS. (a) Authority To Sell or Exchange.--The Secretary of Agriculture may convey, by sale or exchange, under such terms and conditions as the Secretary may prescribe, any and all right, title, and interest of the United States in and to the following parcels of National Forest System land (including improvements thereon) located in the State of Texas: (1) Davy Crockett National Forest, Trinity Ranger Quarters #066310 (Tract K-2D), located at State Highway 94, Groveton, Texas, consisting of approximately 3.0 acres, as depicted on the map entitled ``Trinity Ranger Quarters, Tract K-2D'', dated September 1, 1999. (2) Davy Crockett National Forest quarters #066380 (Tract K- 604), located at 514 Devine Street, Groveton, Texas, consisting of approximately 0.5 acre, as depicted on the map entitled ``Davy Crockett National Forest Quarters, Tract K-604'', dated September 1, 1999. (3) Sabine National Forest quarters #055250 (Tract S-1391), located at 706 Cartwright Drive, San Augustine, Texas, consisting of approximately 0.5 acre, as depicted on the map entitled ``Sabine National Forest Quarters, Tract S-1391'', dated September 1, 1999. (4) Sabine National Forest quarters #055400 (Tract S-1389), located at 507 Planter Drive, San Augustine, Texas, consisting of approximately 1.5 acres, as depicted on the map entitled ``Sabine National Forest Quarters, Tract S-1389'', dated September 1, 1999. (5) Sabine National Forest quarters #077070 (Tract S-1388), located at State Highway 87, Hemphill, Texas, consisting of approximately 1.0 acre, as depicted on the map entitled ``Sabine National Forest Quarters, Tract S-1388'', dated September 1, 1999. (6) Sabine National Forest quarters #077430 (Tract S-1390), located at FM Road 944, Hemphill, Texas, consisting of approximately 2.0 acres, as depicted on the map entitled ``Sabine National Forest Quarters, Tract S-1390'', dated September 1, 1999. (7) Old Yellowpine Work Center site, within the Sabine National Forest, consisting of approximately 1.0 acre, as depicted on the map entitled ``Old Yellowpine Work Center'', dated September 1, 1999. (8) Yellowpine Work Center site, within the Sabine National Forest, consisting of approximately 9.0 acres, as depicted on the map entitled ``Yellowpine Work Center'', dated September 1, 1999. (9) Zavalla Work Center site, within the Angelina National Forest, consisting of approximately 19.0 acres, as depicted on the map entitled ``Zavalla Work Center'', dated September 1, 1999. (b) Authorized Consideration.--As consideration for a conveyance of land under subsection (a), the recipient of the land, with the consent of the Secretary, may convey to the Secretary other land, existing improvements, or improvements constructed to specifications of the Secretary. (c) Applicable Law.--Except as otherwise provided in this section, any conveyance of land under subsection (a) shall be subject to the laws and regulations applicable to the conveyance and acquisition of land for the National Forest System. (d) Cash Equalization.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any parcel of land exchanged under subsection (a). (e) Solicitation of Offers.--The Secretary may solicit offers for the conveyance of land under this section on such terms and conditions as the Secretary may prescribe. The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. SEC. 3. CONVEYANCE OF TEXAS NATIONAL FOREST SYSTEM LAND TO NEW WAVERLY GULF COAST TRADES CENTER. (a) Conveyance Authority.--Subject to the terms and conditions specified in this section, the Secretary of Agriculture may convey to the New Waverly Gulf Coast Trades Center (referred to in this section as the ``Center''), all right, title, and interest of the United States in and to a parcel of real property (including improvements thereon) consisting of approximately 57 acres of land located within the Sam Houston National Forest, Walker County, Texas, as depicted on the map entitled ``New Waverly Gulf Coast Trades Center'', dated September 15, 1999. A complete legal description of the property to be conveyed shall be available for public inspection at an appropriate office of the Sam Houston National Forest and in the Office of the Chief of the Forest Service. (b) Consideration.-- (1) Fair market value.--As consideration for the conveyance authorized by this section, the Center shall pay to the Secretary an amount equal to the fair market value of the property, as determined by an appraisal acceptable to the Secretary and prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisition published by the Department of Justice. (2) Appraisal cost.--The Center shall pay the cost of the appraisal of the property. (3) Time for payment.--The consideration determined under paragraph (1) shall be paid, at the option of the Center-- (A) in full not later than 180 days after the date of conveyance of the property; or (B) in 7 equal annual installments commencing on January 1 of the first year beginning after the conveyance and annually thereafter until the total amount has been paid. (4) Interest.--Any payment due for the conveyance of property under this section shall accrue interest, beginning on the date of the conveyance, at an annual rate of 3 percent on the unpaid balance. (c) Release.--Subject to compliance with all Federal environmental laws prior to conveyance, the Center, upon acquisition of the property under this section, shall agree in writing to hold the United States harmless from any and all claims to the property, including all claims resulting from hazardous materials conveyed on the lands. (d) Right of Reentry.--At any time before full payment is made for the conveyance of the property under this section, the conveyance shall be subject to a right of reentry in the United States if the Secretary determines that-- (1) the Center has not complied with the requirements of this section or the conditions prescribed by the Secretary in the deed of conveyance; or (2) the conveyed land is converted to a noneducational or for profit use. (e) Alternative Property Disposal Authority.--In the event that the Center does not contract with the Secretary to acquire the property described in this section within 18 months of the date of the enactment of this Act, the Secretary may dispose of the property in the manner provided in section 2. SEC. 4. DISPOSITION OF FUNDS. (a) Deposit in Sisk Act Fund.--The Secretary shall deposit the proceeds of a sale or exchange under this Act in the fund established under Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk Act). (b) Use of Proceeds.--Funds deposited under subsection (a) shall be available to the Secretary, without further appropriation, for-- (1) the acquisition, construction, or improvement of administrative facilities for units of the National Forest System in the State of Texas; or (2) the acquisition of lands or interests in lands in the State of Texas. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Makes proceeds from such conveyances available to the Secretary for: (1) acquisition, construction, or improvement of National Forest System administrative facilities in Texas;or (2) land acquisition in Texas.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Culture of Safety Hospital Accountability Act of 2010''. SEC. 2. CULTURE OF SAFETY HOSPITAL ACCOUNTABILITY STUDY AND DEMONSTRATION PROGRAM. (a) Study.-- (1) In general.--The Secretary shall conduct a study that-- (A) examines existing activities and programs in hospitals for quality assurance, patient safety, and performance improvement and provides an analysis regarding best practices with respect to such activities and programs; and (B) identifies best practices that should be replicated in hospitals to improve patient safety and quality of care, consistent with the provisions included under the quality assessment and performance improvement program, as required under the conditions of participation for hospitals under Medicare. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall prepare a report containing the results of the study conducted under paragraph (1). Such report shall be made available on the Internet website of the Centers for Medicare & Medicaid Services. (b) Demonstration Program.-- (1) In general.--The Secretary shall establish the Culture of Safety Hospital Accountability demonstration program to provide support for establishing partnerships and other cooperative approaches between hospitals, State health care agencies, and the Department of Health and Human Services to promote and implement the best practices identified under subsection (a), with the goal of improving the safety and quality of care provided to Medicare beneficiaries and enhance compliance with the conditions of participation for hospitals under Medicare. (2) Duration.--The demonstration program shall operate during a period of 3 years, beginning not later than 12 months after completion of the report described in subsection (a)(2). (3) Scope.-- (A) States.--The Secretary shall select not less than 4 States, but not more than 6 States, to participate in the demonstration program. (B) Hospitals.--The Secretary shall select not more than 24 hospitals, within the States selected under subparagraph (A), to participate in the demonstration program. The hospitals selected under this subparagraph shall satisfy criteria, as developed by the Secretary, relating to compliance with the conditions of participation for hospitals under Medicare. (4) Application.--A State or hospital that desires to participate in the demonstration program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (5) Implementation.-- (A) Technical assistance.--The Secretary shall provide participating hospitals with technical assistance in implementation of the best practices identified through the study under subsection (a). (B) Hospital surveyors.--For each State participating in the demonstration program, the Secretary shall provide training to State surveyors that is designed to-- (i) enhance knowledge of the disciplines of patient safety, quality assessment, and performance improvement; (ii) increase skill in evaluating compliance with quality assessment and performance improvement programs required under the conditions of participation for hospitals under Medicare; and (iii) focus investigations of complaints regarding hospital care on the hospital's quality assessment and performance improvement program. (6) Evaluation.--For each State and hospital participating in the demonstration program, the Secretary shall evaluate the following: (A) The level of implementation of the best practices identified under subsection (a) by the participating hospitals and whether adoption of such practices-- (i) improved quality and patient safety (including an analysis of changes in quality measures and other indicators of outcome and performance); and (ii) resulted in a decrease in the seriousness or number of citations for deficiencies under the conditions of participation for hospitals under Medicare. (B) The training provided to State surveyors and whether such training resulted in enhanced proficiency in evaluations of hospital quality assessment and performance improvement programs. (7) Report.--Not later than 12 months after completion of the demonstration program, the Secretary shall submit to Congress a report containing an evaluation of such program, including-- (A) the findings of the evaluation under paragraph (6); and (B) recommendations-- (i) in regard to whether the best practices identified under the demonstration program should be adopted by other hospitals, and how the Secretary can best promote adoption of such best practices; (ii) in regard to whether the training for State surveyors developed under the demonstration program should be provided to all State surveyors; and (iii) for such legislation and administrative action as the Secretary determines appropriate. (8) Waiver authority.--The Secretary may waive such requirements under titles XI and XVIII of the Social Security Act as may be necessary to carry out the demonstration program. (c) Funding.--For purposes of carrying out this Act, the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) of $25,000,000, to the Centers for Medicare & Medicaid Services Program Management Account for the period of fiscal years 2010 through 2017. Amounts transferred under the preceding sentence shall remain available until expended. (d) Alternative Remedies.--Section 1866(b) of the Social Security Act (42 U.S.C. 1395cc(b)) is amended by adding at the end the following new paragraph: ``(5)(A) The Secretary is authorized to promulgate regulations that establish enforcement remedies that are in addition to, or in lieu of, termination of an agreement under this section for hospitals or critical access hospitals for violations of health and safety requirements under this title. Such remedies may include directed plans of correction that are designed to-- ``(i) ensure compliance with requirements under this title (including conditions of participation for hospitals or critical access hospitals); ``(ii) prevent recurrence of non-compliance with such requirements; and ``(iii) improve the internal structures and processes within the hospital or critical access hospital for provision of continuous quality and safety enhancement. ``(B) The regulations described under subparagraph (A) may be promulgated by the Secretary before, during, or after the evaluation described under section 2(b)(6) of the Culture of Safety Hospital Accountability Act of 2010.''. (e) Non-Application of Paperwork Reduction Act.--Chapter 35 of title 44, United States Code (commonly referred to as the `Paperwork Reduction Act of 1995') shall not apply to this Act. (f) Definitions.--In this Act: (1) Demonstration program.--The term ``demonstration program'' means the Culture of Safety Hospital Accountability demonstration program conducted under this Act. (2) Hospital.--The term ``hospital'' means-- (A) an institution described under section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)); or (B) a critical access hospital (as described under section 1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1)). (3) Medicare.--The term ``Medicare'' means the program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Culture of Safety Hospital Accountability Act of 2010 - Directs the Secretary of Heatlh and Human Services (HHS) to study for a report made available on the Internet website of the Centers for Medicare and Medicaid Services: (1) existing activities and programs in hospitals for quality assurance, patient safety, and performance improvement; and (2) any best practices that should be replicated in hospitals to improve patient safety and quality of care, consistent with the quality assessment and performance improvement program, as required by the conditions of participation for hospitals under title XVIII (Medicare) of the Social Security Act. Directs the Secretary to establish the Culture of Safety Hospital Accountability demonstration program to support establishing partnerships and other cooperative approaches among hospitals, state health care agencies, and HHS to promote and implement the best practices.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lavender Offense Victim Exoneration Act of 2017'' or the ``LOVE Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) During the so-called ``Lavender Scare'', at least 1,000 people were wrongfully dismissed from the Department of State for alleged homosexuality during the 1950s and well into the 1960s. (2) According to the Department of State's Bureau of Diplomatic Security, Department of State employees were forced out of the Department on the grounds that their sexual orientation ostensibly rendered them vulnerable to blackmail and made them security risks. (3) In addition to those wrongfully dismissed, many other patriotic Americans were prevented from joining the Department due to a screening process that was put in place to prevent the hiring of those who, according to the findings of the Bureau of Diplomatic Security, ``seemed like they might be gay or lesbian''. (4) Congress bears a special measure of responsibility as the Department's actions were in part in response to congressional investigations into ``sex perversion of Federal employees'', reports on the employment of ``moral perverts by Government Agencies'', hearings and pressure placed on the Department through the appropriations process and congressional complaints that Foggy Bottom was ``rampant with homosexuals who were sympathetic to Communism and vulnerable to blackmail''. (5) Between 1950 and 1969, the Department of State was required to report on the number of homosexuals fired each year as part of their annual appeals before Committees on Appropriations. (6) Although the worst effects of the ``Lavender Scare'' are behind us, as recently as the early 1990s, the Department of State's security office was investigating State personnel thought to be gay and driving them out of government service as ``security risks''. (7) In 1994, Secretary of State Warren Christopher issued a prohibition against discrimination in the Department of State, including that based on sexual orientation. (8) In 1998, President William Jefferson Clinton signed Executive Order 13087 barring discrimination on the basis of sexual orientation. (9) On January 9, 2017, Secretary of State John Kerry issued a statement regarding the ``Lavender Scare'', saying, ``On behalf of the Department, I apologize to those who were impacted by the practices of the past and reaffirm the Department's steadfast commitment to diversity and inclusion for all our employees, including members of the LGBTI community.''. SEC. 3. DIRECTOR GENERAL REVIEW. (a) Review.--The Director General of the Foreign Service and Director of Human Resources of the Department of State, in consultation with the Historian of the Department of State, shall review all employee terminations that occurred after January 1, 1950, to determine who was wrongfully terminated owing to their sexual orientation, whether real or perceived. (b) Report.--Not later than 270 days after the date of the enactment of this Act, the Director General shall, consistent with applicable privacy regulations, compile the information compiled under subsection (a) in a publicly available report. The report shall include historical statements made by officials of the Department of State and Congress encouraging and implementing policies and tactics that led to the termination of employees due to their sexual orientation. SEC. 4. REPORTS ON REVIEWS. (a) Reviews.--The Secretary of State shall conduct reviews of the consistency and uniformity of the reviews conducted by the Director General under section 3. (b) Reports.--Not later than 270 days after the date of the enactment of this Act, and annually thereafter for 2 years, the Secretary shall submit to Congress a report on the reviews conducted under section 3. Each report shall include any comments or recommendations for continued actions. SEC. 5. ESTABLISHMENT OF RECONCILIATION BOARD. (a) Establishment.--The Secretary of State shall establish, within the Office of Civil Rights of the Department of State, an independent Reconciliation Board to review the reports released by the Director General of the Foreign Service and Director of Human Services under section 3(b). (b) Duties.--The Reconciliation Board shall-- (1) consistent with applicable privacy regulations, contact all employees found to be fired due to the ``Lavender Scare'' or, in the case of deceased former employees, the family members of the employees, to inform them that their termination from the Department of State has been deemed inappropriate and that, if they wish, their employment record can be changed to reflect these findings; (2) designate a point of contact at a senior level position within the Office of the Director General of the Foreign Service and Director of Human Resources to receive oral testimony of any employees or family members of deceased employees mentioned in the report who personally experienced discrimination and termination because of the actual or perceived sexual orientation in order that such testimony may serve as an official record of these discriminatory policies and their impact on United States lives; and (3) provide an opportunity for any former employee not mentioned in the report to bring forth a grievance to the Board if they believe they were terminated due to their sexual orientation. (c) Review of Claims.-- (1) In general.--The Board shall review each claim described in subsection (b) within 150 days of receiving the claim. Lack of paperwork may not be used as a basis for dismissing any claims. (2) Cooperation.--The Department of State shall be responsible for producing pertinent information regarding each claim to prove the employee was not wrongfully terminated. (d) Termination.--The Board shall terminate 5 years after the date of the enactment of this Act. SEC. 6. ISSUANCE OF APOLOGY. (a) Finding.--Secretary of State Kerry delivered the following apology on January 9, 2017: ``Throughout my career, including as Secretary of State, I have stood strongly in support of the LGBTI community, recognizing that respect for human rights must include respect for all individuals. LGBTI employees serve as proud members of the State Department and valued colleagues dedicated to the service of our country. For the last several years, the Department has pressed for the families of LGBTI officers to have the same protections overseas as families of other officers. In 2015, to further promote LGBTI rights throughout the world, I appointed the first ever Special Envoy for the Human Rights of LGBTI Persons. ``In the past--as far back as the 1940s, but continuing for decades--the Department of State was among many public and private employers that discriminated against employees and job applicants on the basis of perceived sexual orientation, forcing some employees to resign or refusing to hire certain applicants in the first place. These actions were wrong then, just as they would be wrong today. ``On behalf of the Department, I apologize to those who were impacted by the practices of the past and reaffirm the Department's steadfast commitment to diversity and inclusion for all our employees, including members of the LGBTI community.'' (b) Congressional Apology.--Congress hereby offers a formal apology for its responsibility in encouraging the ``Lavender Scare'' and similar policies at the Department of State, as these policies were in part a response to congressional investigations into ``sex perversion of Federal employees'', reports on the employment of ``moral perverts by Government Agencies'', and hearings or pressure otherwise placed on the Department of State through the appropriations process. SEC. 7. ESTABLISHMENT OF PERMANENT EXHIBIT ON THE LAVENDER SCARE. (a) In General.--The Secretary of State shall work with the current public-private partnership associated with the Department of State's new United States Diplomacy Center to establish a permanent exhibit on the ``Lavender Scare'' in the museum to assure that the history of this unfortunate episode is not brushed aside. (b) Specifications.--The exhibit-- (1) shall be installed at the museum not later than one year after the date of enactment of this Act; (2) should provide access to the reports compiled by the Director General of the Foreign Service and Director of Human Resources under section 3(b); and (3) shall readily display material gathered from oral testimony received pursuant to section 5(b)(2) from employees or family members of deceased employees who were subject to these discriminatory policies during the ``Lavender Scare''. SEC. 8. GUIDANCE ON ISSUING VISAS. To demonstrate the Department of State's commitment to ensuring fairness for current employees, not later than 100 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on countries not issuing visas to the spouses of all Foreign Service personnel posted overseas due to their sexual orientation. This report shall include any comments or recommendations for actions, including eliminating visa reciprocity with countries found to be instituting these practices against the spouses of Foreign Service personnel, that will lead to ensuring that all spouses of Foreign Service personnel receive visas for the country their spouse is assigned, regardless of sexual orientation. SEC. 9. ESTABLISHMENT OF ADVANCEMENT BOARD. (a) Establishment.--The Secretary of State shall establish, within the Office of the Director General of the Department of State, a board comprised of senior-level officials to address the issues faced by LGBTQI Foreign Service employees and their families. (b) Hearing of Testimony.--The Advancement Board shall hear testimony from any willing LGBTQI Foreign Service employees and their families regarding any discrimination they have faced due to their sexual orientation. (c) Report.-- (1) In general.--Not later than 100 days after completing collection of testimony described under subsection (b), and annually thereafter for 5 years, the Advancement Board shall submit to Congress a report based on the testimony. (2) Content.--The report required under paragraph (1) shall include any comments or recommendations for continued actions to improve the Department of State to ensure that no employee or their family members experience discrimination due to their sexual orientation. (3) Privacy.--The report required under paragraph (1) shall remain private and will only be accessible to Members of Congress, their appropriate staff, and members of the Advancement Board.

Lavender Offense Victim Exoneration Act of 2017 or the LOVE Act of 2017 This bill requires the Department of State to review employee terminations at the State Department in the 1950s and 1960s to determine who was wrongfully terminated due to their actual or perceived sexual orientation (known as the Lavender Scare). The bill contains an apology from Congress for its role in encouraging the termination of State Department employees based on sexual orientation. The State Department is required to: create a reconciliation board to change the employment records of those affected, to receive oral testimony of those affected, and to allow former employees to bring a grievance if they believe their termination was due to their sexual orientation; create an advancement board to address employment issues of current LGBTQI Foreign Officers; establish a permanent exhibit about the terminations in the State Department's U.S. Diplomacy Center; report to Congress about countries refusing to issue visas to spouses of Foreign Service personnel because of  their sexual orientation.

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SECTION 1. ALLOCATION OF NATIONAL LIMITATION ON QUALIFIED SCHOOL CONSTRUCTION BONDS; APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH BONDS. (a) In General.--Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended-- (1) by redesignating sections 12004 through 12013 as sections 12101 through 12110, respectively; (2) by inserting before section 12101 (as so redesignated) the following: ``PART A--GRANTS FOR IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION FACILITIES''; and (3) by adding at the end the following: ``PART B--QUALIFIED SCHOOL CONSTRUCTION BONDS ``SEC. 12201. ALLOCATION WITH RESPECT TO QUALIFIED SCHOOL CONSTRUCTION BONDS. ``(a) Qualified School Construction Bond.-- ``(1) In general.--For purposes of this part, the term `qualified school construction bond' means any bond issued as part of an issue if-- ``(A) a taxpayer who holds the bond is allowed a credit under the Internal Revenue Code of 1986; ``(B) 95 percent or more of the proceeds of such issue are to be used for the construction, rehabilitation, or repair of a public school facility; ``(C) the bond is issued by a State or local government within the jurisdiction of which such school is located; and ``(D) the issuer designates such bond for purposes of this section and the Internal Revenue Code of 1986. ``(2) Temporary period exception.--A bond shall not be treated as failing to meet the requirement of paragraph (1)(B) solely by reason of the fact that the proceeds of the issue of which such bond is a part are invested for a reasonable temporary period (but not more than 36 months) until such proceeds are needed for the purpose for which such issue was issued. Any earnings on such proceeds during such period shall be treated as proceeds of the issue for purposes of applying paragraph (1)(B). ``(b) National Limitation on Amount of Bonds Designated.--In any case in which there is imposed a national limitation on the maximum aggregate face amount of bonds issued during any calendar year which may be designated as qualified school construction bonds, such limitation shall be allocated in accordance with this section. ``(c) One-Third of Limitation Allocated Among States.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated among the States under paragraph (2) by the Secretary. The limitation amount allocated to a State under the preceding sentence shall be allocated by the State educational agency to issuers within such State and such allocations may be made only if there is an approved State application. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among the States in proportion to the respective amounts each such State received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. For purposes of the preceding sentence, Basic Grants attributable to large local educational agencies (as defined in subsection (d)), and Basic Grants attributable to high-growth local educational agencies (as defined in subsection (e)), shall be disregarded. ``(3) Minimum allocations to states.-- ``(A) In general.--The Secretary shall adjust the allocations under this subsection for any calendar year for each State to the extent necessary to ensure that the sum of-- ``(i) the amount allocated to such State under this subsection for such year; and ``(ii) the aggregate amounts allocated under subsections (d) and (e) to local educational agencies in such State for such year; is not less than an amount equal to such State's minimum percentage of one-third of the national qualified school construction bond limitation referred to in subsection (b) for the calendar year. ``(B) Minimum percentage.--A State's minimum percentage for any calendar year is the minimum percentage described in section 1124(d) for such State for the most recent fiscal year ending before such calendar year. ``(4) Allocations to certain possessions.--The amount to be allocated under paragraph (1) to any possession of the United States (as such term is used in the Internal Revenue Code of 1986) other than Puerto Rico shall be the amount which would have been allocated if all allocations under paragraph (1) were made on the basis of respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). In making other allocations, the amount to be allocated under paragraph (1) shall be reduced by the aggregate amount allocated under this paragraph to possessions of the United States. ``(5) Approved state application.--For purposes of paragraph (1), the term `approved State application' means an application which is approved by the Secretary and which includes-- ``(A) the results of a recent publicly available survey (undertaken by the State with the involvement of local education officials, members of the public, and experts in school construction and management) of such State's needs for public school facilities, including descriptions of-- ``(i) health and safety problems at such facilities; ``(ii) the capacity of public schools in the State to house projected enrollments; and ``(iii) the extent to which the public schools in the State offer the physical infrastructure needed to provide a high-quality education to all students; and ``(B) a description of how the State will allocate to local educational agencies, or otherwise use, its allocation under this subsection to address the needs identified under subparagraph (A), including a description of how it will-- ``(i) give highest priority to localities with the greatest needs, as demonstrated by inadequate school facilities coupled with a low level of resources to meet those needs; ``(ii) use its allocation under this subsection to assist localities that lack the fiscal capacity to issue bonds on their own; and ``(iii) ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair in the State that would have occurred in the absence of such allocation. Any allocation under paragraph (1) by a State education agency shall be binding if such agency reasonably determined that the allocation was in accordance with the plan approved under this paragraph. ``(d) One-Third of Limitation Allocated Among Largest School Districts.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated under paragraph (2) by the Secretary among local educational agencies which are large local educational agencies for such year. No qualified school construction bond may be issued by reason of an allocation to a large local educational agency under the preceding sentence unless such agency has an approved local application. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among large local educational agencies in proportion to the respective amounts each such agency received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. ``(3) Large local educational agency.--For purposes of this section, the term `large local educational agency' means, with respect to a calendar year, any local educational agency (other than a high-growth local educational agency, as defined in subsection (e)) if such agency is-- ``(A) among the 100 local educational agencies with the largest numbers of children aged 5 through 17 from families living below the poverty level, as determined by the Secretary using the most recent data available from the Department of Commerce that are satisfactory to the Secretary; or ``(B) 1 of not more than 25 local educational agencies (other than those described in clause (i)) that the Secretary determines (based on the most recent data available satisfactory to the Secretary) are in particular need of assistance, based on a low level of resources for school construction, a high level of enrollment growth, or such other factors as the Secretary deems appropriate. ``(4) Approved local application.--For purposes of paragraph (1), the term `approved local application' means an application which is approved by the Secretary and which includes-- ``(A) the results of a recent publicly-available survey (undertaken by the local educational agency with the involvement of school officials, members of the public, and experts in school construction and management) of such agency's needs for public school facilities, including descriptions of-- ``(i) the overall condition of the local educational agency's school facilities, including health and safety problems; ``(ii) the capacity of the agency's schools to house projected enrollments; and ``(iii) the extent to which the agency's schools offer the physical infrastructure needed to provide a high-quality education to all students; ``(B) a description of how the local educational agency will use its allocation under this subsection to address the needs identified under subparagraph (A); and ``(C) a description of how the local educational agency will ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, or repair in the locality that would have occurred in the absence of such allocation. A rule similar to the rule of the last sentence of subsection (c)(5) shall apply for purposes of this subsection. ``(e) One-Third of Limitation Allocated Among High-Growth School Districts.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated under paragraph (2) by the Secretary among local educational agencies which are high-growth local educational agencies for such year. No qualified school construction bond may be issued by reason of an allocation to a high-growth local educational agency under the preceding sentence unless such agency has an approved local application (as defined in subsection (d)(4)). A rule similar to the rule of the last sentence of subsection (c)(5) shall apply for purposes of this subsection. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among high-growth local educational agencies in proportion to the respective amounts each such agency received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. ``(3) High-growth local educational agency.--For purposes of this section, the term `high-growth local educational agency' means, with respect to a calendar year, any local educational agency if-- ``(A) there has been at least a 7.5 percent increase in such agency's enrollment during the 5-year period ending with the preceding calendar year; and ``(B) such enrollment increase exceeds 150 students. ``(f) Carryover of Unused Limitation.--If for any calendar year-- ``(1) the amount allocated under subsection (c) to any State; exceeds ``(2) the amount of bonds issued during such year which are designated as qualified school construction bonds pursuant to such allocation; the limitation amount under such subsection for such State for the following calendar year shall be increased by the amount of such excess. A similar rule shall apply to the amounts allocated under subsections (d) and (e). ``(g) Other Definitions.--For purposes of this section: ``(1) Local educational agency.--The term `local educational agency' has the meaning given to such term by section 14101. Such term includes the local educational agency that serves the District of Columbia but does not include any other State agency. ``(2) Bond.--The term `bond' includes any obligation. ``(3) Public school facility.--The term `public school facility' shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. ``SEC. 12202. APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH QUALIFIED SCHOOL CONSTRUCTION BONDS. ``The wage requirements of the Act of March 3, 1931 (40 U.S.C. 276a et seq.) (commonly referred to as the `Davis-Bacon Act') shall apply with respect to individuals employed on school construction, rehabilitation, or repair projects financed with the proceeds from an issuance of qualified school construction bonds.''. (b) Conforming Amendments.--Title XII of such Act is amended-- (1) in sections 12101 through 12110 (as so redesignated), by striking ``this title'' each place it appears and inserting ``this part''; (2) in section 12101(a)(1) (as so redesignated)-- (A) by striking ``section 12013'' and inserting ``section 12110''; (B) by striking ``section 12005'' and inserting ``section 12102''; and (C) by striking ``section 12007'' and inserting ``section 12104''; (3) in section 12101(a)(2) (as so redesignated), by striking ``section 12013'' and inserting ``section 12110''; and (4) in section 12109(3)(C) (as so redesignated), by striking ``section 12006'' and inserting ``section 12103''.

Amends the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code. Applies the wage requirements of the Davis-Bacon Act to projects financed with such bonds.

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SECTION 1. PLACEMENT OF MADE IN AMERICA LABELS ON PRODUCTS. (a) Requirements for Use of Labels.--No product may bear a label which states or suggests that the product was made in America unless-- (1) the product has been registered with the Department of Commerce under subsection (b); and (2) the Secretary of Commerce has determined that-- (A) not less than 60 percent of the product was manufactured in the United States; and (B) final assembly of the product took place in the United States. (b) Registry of American-Made Products.--Not later than 12 months after the Secretary has promulgated regulations regarding the registration of products with the Department of Commerce under this section, a person shall register with the Department of Commerce any product on which there is or will be affixed a label which states or suggests that the product was made in America. (c) Penalties for Fraudulent Use of Labels.-- (1) Civil fine.--Any person who, with an intent to defraud or mislead, places on a product a label which states or suggests that the product was ``made in America'' in violation of this section may be assessed a civil penalty by the Secretary of not more than $100,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. The validity of such order may not be reviewed in an action to collect such civil penalty. (2) Injunctive relief.--The Secretary may bring an action to enjoin the violation of, or to compel compliance with, this section, whenever the Secretary believes that such a violation has occurred or is about to occur. (d) Regulations.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall promulgate regulations establishing procedures under which a person shall register a product under this section. (e) Definitions.--For purposes of this section: (1) Label.--The term ``label'' means any written, printed, or graphic matter on, or attached to, a product or any of its containers or wrappers. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 2. ADDITIONAL INFORMATION TO CONSUMERS REGARDING FOREIGN CONTENT OF IMPORTED ARTICLES. (a) In General.--Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is amended as follows: (1) Subsections (f), (g), and (h) are redesignated as subsections (g), (h), and (i), respectively. (2) The following new subsection is inserted after subsection (e): ``(f) Additional Foreign Content Marking.--If an article of foreign origin is required to be marked under subsection (a), or its container is required to be marked under subsection (b), and such article is assembled, in whole or part, from parts that are the product of one or more foreign countries that are not the country of origin for purposes of subsection (a) or (b), the article or container shall be marked in such manner as to indicate, or shall be accompanied by such written, printed, or graphic matter that indicates, in English to the ultimate purchaser in the United States the proportion of the customs value of such article that is accounted for by the parts from each such foreign country.''. (3) Subsection (g) (as redesignated by paragraph (1)) is amended by striking out ``section,'' and inserting ``section (including the requirements relating to parts valuation under subsection (f)),''. (4) Subsection (h) (as redesignated by paragraph (1)) is amended by striking out ``subsection (f)'' and inserting ``subsection (g)''. (b) Effective Date.--The amendments made by subsection (a) apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. SEC. 3. LABELING OF DOMESTIC PRODUCTS WITH FOREIGN PARTS. (a) Requirements for Use of Labels.--Any product which is manufactured in the United States and which is assembled, in whole or in part, from any part that is the product of a foreign country shall, in its labeling for the ultimate purchaser in the United States-- (1) disclose the country of origin of such part, and (2) state the proportion of the cost of such product which is accounted for by such part. (b) Penalties for Violations of Subsection (a).-- (1) Civil fine.--Any person who, with an intent to defraud or mislead, fails to label a product in accordance with subsection (a) may be assessed a civil penalty by the Secretary of not more than $100,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. The validity of such order may not be reviewed in an action to collect such civil penalty. (2) Injunctive relief.--The Secretary may bring an action to enjoin the violation of, or to compel compliance with, subsection (a), whenever the Secretary believes that such a violation has occurred or is about to occur. (c) Regulations.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall promulgate regulations respecting labeling of products under subsection (a). (d) Definitions.--For purposes of this section, the term ``Secretary'' means the Secretary of Commerce.

Prohibits a label on a product stating that the product was made in America unless: (1) the product is registered with the Department of Commerce as required by this Act; (2) at least 60 percent of the product was manufactured in the United States; and (3) final assembly took place in this country. Amends the Tariff Act of 1930 to require products to provide additional information to consumers regarding the foreign content of imported articles. Requires any product manufactured in this country and which is assembled with a part from a foreign country to state on its label: (1) the country of origin of such part; and (2) the proportion of the cost of such product which is accounted for by such part. Sets forth penalties for violating provisions of this Act.

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467 on July 22, 2004, by a unanimous vote of 422-0, which-- (A) declares that the atrocities unfolding in the Darfur region of Sudan, are genocide; (B) declares that the Government of Sudan has violated the Convention on the Prevention and Punishment of the Crime of Genocide; (C) urges the Administration to seriously consider multilateral intervention to stop genocide in Darfur should the United Nations Security Council fail to act; and (D) calls on the Administration to impose targeted sanctions, including visa bans and the freezing of assets of the Sudanese National Congress and affiliated business and individuals directly responsible for the atrocities in Darfur. (2) In the 109th Congress, the House of Representatives passed H.R. 3127, the Darfur Peace and Accountability Act of 2006, on April 5, 2006, by a vote of 416-3, which-- (A) appeals to the international community, including the United Nations, the European Union, and the North Atlantic Treaty Organization (NATO), to immediately mobilize sufficient political, military, and financial resources to support and expand the African Union Mission in Sudan (AMIS); (B) blocks assets and restricts travel of any individual the President determines is responsible for acts of genocide, war crimes, or crimes against humanity in the Darfur region of Sudan; and (C) offers United States support for the International Criminal Court's efforts to prosecute those responsible for acts of genocide in Darfur. (3) On September 9, 2004, former Secretary of State Colin Powell stated before the Committee on Foreign Relations of the Senate that genocide was being committed in the Darfur region of Sudan and that the Government of Sudan and the government- supported Janjaweed militias bear responsibility for the genocide. (4) On September 21, 2004, President George W. Bush affirmed the Secretary of State's finding in an address before the United Nations General Assembly, stating that the world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes the Government of the United States has concluded are genocide. (5) Although the Government of the United States currently bans United States companies from conducting business operations in Sudan, millions of Americans are inadvertently supporting the Government of Sudan by investing in foreign companies that conduct business operations in Sudan that disproportionately benefit the Sudanese regime in Khartoum. (6) Illinois, New Jersey, Oregon, and Maine have passed legislation mandating divestment of State funds from companies that conduct business operations in Sudan. California, Massachusetts, Rhode Island, North Carolina, Kansas, Wisconsin, Indiana, Georgia, Maryland, New York, Iowa, and Texas have considered or are considering legislation to divest State funds from companies that conduct business operations in Sudan. Connecticut, Ohio, and Vermont have passed non-binding divestment legislation with respect to Sudan. Arizona, Louisiana, Missouri, and Pennsylvania have adopted screening processes for investments in companies that conduct business operations in countries that are sponsors of terrorism, including Sudan. (7) Providence, Rhode Island and New Haven, Connecticut have passed legislation mandating divestment of city funds from companies that conduct business operations in Sudan. (8) Amherst, Boston University, Brandeis, Brown, Columbia, Dartmouth, Harvard, Middlebury, Oberlin, Princeton, the Reconstructionist Rabbinical College, Samford, Simmons, Smith, Stanford, Trinity, the University of California, the University of Maryland, the University of Pennsylvania, the University of Southern California, the University of Vermont, the University of Washington, Williams, and Yale have divested their funds from, or placed restrictions on investment of their funds in, certain companies that conduct business operations in Sudan. (9) No American should have to worry that his or her investments or pension money was earned in support of genocide. (10) Divestment has proven effective in similar situations, as in 1986, when State pension funds and university endowments were divested from companies that conducted business operations in South Africa, which was critical to ending apartheid in that country, and by 1994, when the first free elections in South Africa took place, a substantial number of States, counties, cities, universities and colleges in the United States had adopted partial or total divestment policies. (11) The only type of pressure shown to be effective against Sudan is economic pressure against the Government of Sudan, such as the imposition of sanctions and divestment. Sudan has cooperated with the United States on counterterrorism efforts due to United States sanctions imposed on Sudan in 1997 and Sudan agreed to negotiations with the Sudan People's Liberation Army of South Sudan that resulted in the Comprehensive Peace Agreement of 2005 due in part to a successful divestment campaign against Talisman Energy, Incorporated of Canada. (12) Congress acknowledges that divestment should be used sparingly and under extraordinary circumstances. This Act is based on unique circumstances, specifically, the reprehensible and abhorrent genocide occurring in Sudan. (13) The business operations of companies in countries that perpetrate grave abuses of human rights, especially the uniquely monstrous crime of genocide, are of material financial concern to United States investors even when these operations represent a small fraction of a company's total business. (14) State and city pension funds have routinely but unsuccessfully sought to acquire and utilize data from the Federal Government on companies for investment decisions. (15) The deteriorating security situation in the Darfur region of Sudan indicates that the people of Darfur cannot wait long for security to be reestablished. SEC. 3. STATEMENT OF POLICY. Congress recognizes and supports-- (1) States and cities that have divested or are in the process of divesting State and city funds from companies that conduct business operations in Sudan; and (2) United States colleges and universities that have divested their funds from, or placed restrictions on investments of their funds in, companies that conduct business operations in Sudan. SEC. 4. IDENTIFICATION OF COMPANIES CONDUCTING BUSINESS OPERATIONS IN SUDAN. (a) Identification.--The Securities and Exchange Commission, acting through the Division of Corporation Finance, shall require all companies trading in securities that are registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) which, either directly or through a parent or subsidiary company, including partly- owned subsidiaries, conduct business operations in Sudan to disclose the nature of their business operations in Sudan, including-- (1) the existence and nature of business relationships and investments with national, regional, and local governments; (2) business activities with government or government- controlled entities; (3) business operations relating to the sale of military equipment or inherently ``dual-use'' technology, such as civilian radar systems; (4) business operations relating to natural resource extraction, including oil-related activities and mining of minerals; and (5) safeguards to ensure business operations do not become indirectly involved in the terrorist-sponsoring or genocidal policies of the Government of Sudan. (b) Investigation by Government Accountability Office.--The Comptroller General of the Government Accountability Office shall investigate the existence and extent of all Federal Retirement Thrift Investment Board investments in companies identified pursuant to subsection (a). (c) Reports.-- (1) SEC report.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Securities and Exchange Commission shall prepare and submit to Congress a report that contains the names of the companies and a description of their business operations identified under subsection (a). (2) GAO report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the Government Accountability Office shall prepare and submit to Congress a report that contains the names of the companies and a description of the amount of Federal Retirement Thrift Investment Board investments in such companies identified under subsection (b). (d) Publication on Websites.-- (1) SEC website.--The Securities and Exchange Commission shall maintain a list of the names of the companies identified under subsection (a) on the website of the Securities and Exchange Commission. (2) GAO website.--The Comptroller General of the Government Accountability Office shall maintain a list of the names of the companies identified under subsection (b) on the website of the Government Accountability Office. SEC. 5. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS. (a) Prohibition.--Notwithstanding any other provision of law, the Government of the United States shall not enter into or renew a contract for the procurement of goods or services with any company identified under section 4(a). (b) Exception.--The prohibition in subsection (a) shall not apply with respect to a company identified under section 4(a) whose business operations in Sudan are limited to activities or transactions relating to-- (1) southern Sudan, southern Kordofan/Nuba Mountains State, Blue Nile State, or Abyei; (2) the implementation of the Darfur Peace Agreement of May 5, 2006; (3) the provision of military equipment to be used by nongovernmental organizations in the Darfur region of Sudan, the African Union Mission in Sudan (AMIS), or the United Nations; or (4) the provision of humanitarian assistance that is of immediate and substantial benefit to-- (A) the majority of people of the Darfur region of Sudan; or (B) the majority of people of eastern Sudan, including the Red Sea, Kassala, and Gedaref States. (c) Waiver.--The President may waive the prohibition in subsection (a) on a case-by-case basis if the President determines and certifies in writing to Congress that it is important to the national security interests of the United States to do so. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act or any other provision of law shall be construed to preempt any State law that prohibits investment of State funds, including State pension funds, in or relating to Sudan. SEC. 7. DEFINITIONS. In this Act: (1) Business operations.--The term ``business operations'' means maintaining, selling, or leasing equipment, facilities, personnel, or any other apparatus of business or commerce, including the ownership or possession of real or personal property. (2) Company.--The term ``company''-- (A) means a sole proprietorship, organization, association, corporation, partnership, venture, or other entity, its subsidiary or affiliate that exists for profit-making purposes or to otherwise secure economic advantage; and (B) includes a company owned or controlled, either directly or indirectly, by the government of a foreign country, that is established or organized under the laws of, or has its principal place of business in, such foreign country. (3) Government of sudan.--The term ``Government of Sudan'' means the Government of Sudan located in Khartoum or its instrumentalities. (4) Investment.--The term ``investment'' means the purchase, ownership, or control of stock of a company, association, or corporation, the capital stock of a mutual water company or corporation, bonds issued by the government or a political subdivision of a foreign country, corporate bonds or other debt instruments issued by a company, or the commitment of funds or other assets to a company, including a loan or extension of credit to that company. (5) Military equipment.--The term ``military equipment'' means weapons, arms, or military defense supplies. (6) Oil-related activities.--The term ``oil-related activities'' includes the export of oil, extracting or producing oil, exploration for oil, or the construction or maintenance of a pipeline, refinery, or other oil field infrastructure. (7) Sudan.--The term ``Sudan'' means the Republic of Sudan, a territory under the administration or control of the Government of Sudan, including the Darfur region, or an individual, company, or public agency located in Khartoum, northern Sudan, or the Nile River Valley that supports the Republic of the Sudan.

Darfur Accountability and Divestment Act of 2006 - Supports state, city, and university efforts to divest funds from, or restrict investments in, companies that conduct business operations in Sudan. Directs: (1) the Securities and Exchange Commission (SEC) to require all companies trading in registered securities that conduct business operations directly or through parent or subsidiary companies in Sudan to disclose the nature of such operations; and (2) the Government Accountability Office (GAO) to investigate the existence and extent of such companies' Federal Retirement Thrift Investment Board investments. Prohibits U.S. government contracts with such companies, with exceptions for companies whose activities are related to: (1) southern Sudan, southern Kordofan/Nuba Mountains State, Blue Nile State, or Abyei; (2) the implementation of the 2006 Darfur Peace Agreement; (3) the provision of military equipment for nongovernmental organizations in the Darfur region of Sudan, the African Union Mission in Sudan (AMIS), or the United Nations; or (4) the provision of humanitarian assistance that is of immediate and substantial benefit to the majority of people of the Darfur region of Sudan or the majority of people of eastern Sudan, including the Red Sea, Kassala, and Gedaref States. Authorizes a national security waiver of such prohibition on a case-by-case basis.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Life-Saving New Therapies for Neonates Act of 2015''. SEC. 2. PROMOTING THE DEVELOPMENT OF SAFE AND EFFECTIVE THERAPIES FOR NEONATES. Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa et seq.) is amended by inserting after section 529 the following: ``SEC. 530. EXCLUSIVITY TO ENCOURAGE DEVELOPMENT OF SAFE AND EFFECTIVE THERAPIES FOR NEONATES. ``(a) Definitions.--In this section: ``(1) Neonatal drug.--The term `neonatal drug' means a drug for the prevention or treatment of a disease or condition of a preterm or full-term neonate. ``(2) Neonatal drug application.--The term `neonatal drug application' means a human drug application, as defined in section 735(1), that-- ``(A) is for a drug or biological product-- ``(i) that is for the prevention or treatment of a disease or condition listed on the Priority List of Critical Needs for Neonates described in subsection (c); and ``(ii) that contains no active ingredient (including any ester or salt of the active ingredient) that has been previously approved in any other application under section 505(b)(1), 505(b)(2), or 505(j) of this Act or section 351(a) or 351(k) of the Public Health Service Act; ``(B) is submitted under section 505(b)(1) of this Act or section 351(a) of the Public Health Service Act; ``(C) the Secretary determines to be eligible for a neonatal drug exclusivity voucher, in accordance with subsection (b); ``(D) relies on clinical data derived from studies examining a neonatal population and dosages of the drug intended for that population; and ``(E) is approved after the date of the enactment of the Promoting Life-Saving New Therapies for Neonates Act of 2015. ``(3) Neonatal drug exclusivity voucher.--The term `neonatal drug exclusivity voucher' means a voucher issued by the Secretary to the sponsor of a neonatal drug application that entitles the holder of such voucher to one year of transferable extension of all existing patents and marketing exclusivities, including any extensions, for a single human drug with respect to an application submitted under section 505(b)(1) or for a single human biologic product with respect to an application submitted under section 351(a) of the Public Health Service Act, including the 6-month period described in section 505A, the 4- and 5-year periods described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, the 3-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of subsection (j)(5)(F) of section 505, the 7-year period described in section 527, the 5-year period described in section 505E, and the 12-year period described in section 351(k)(7). ``(b) Neonatal Drug Exclusivity Voucher.-- ``(1) In general.--The Secretary shall award a neonatal drug exclusivity voucher to the sponsor of a neonatal drug application upon approval by the Secretary of such neonatal drug application. ``(2) Transferability.-- ``(A) In general.--The sponsor of a neonatal drug application that receives a neonatal drug exclusivity voucher under this section may transfer (including by sale) the voucher to a sponsor of a human drug for which an application under section 505(b)(1) or section 351 of the Public Health Service Act has been approved, will be submitted, or has been submitted. ``(B) Nontransferability.--A neonatal exclusivity voucher may not be transferred to, or used for, a drug with respect to which all patents and exclusivities have expired as of the date of the transfer. ``(C) Notification of transfer.--Each person to whom a voucher is transferred shall notify the Secretary of such change in ownership of the voucher not later than 30 calendar days after such transfer. ``(D) Prohibition on additional fees.--The Secretary shall not apply a fee for the exercise of a voucher under this section. The preceding sentence shall not affect the authority of the Secretary to apply fees with respect to a neonatal drug application that are otherwise applicable under law. ``(E) Revocation of voucher.--The Secretary may revoke any neonatal exclusivity voucher if the neonatal drug product for which such voucher was awarded is not marketed in the United States within the 365-day period beginning on the date of the approval of such drug under section 505 of this Act or section 351 of the Public Health Service Act. ``(3) Limitations.-- ``(A) No award for prior approved application.--A sponsor of a neonatal drug may not receive a voucher under this section if the neonatal drug application was submitted to the Secretary prior to the date of enactment of this section. ``(B) Required pediatric research.--The Secretary shall limit grants of exclusivity under this section to drugs that are not required to complete neonatal studies under section 505B. ``(C) No combining vouchers.--A sponsor may not use a neonatal exclusivity voucher on a product for which the sponsor also intends to use a voucher obtained or purchased pursuant to section 524 or section 529. ``(4) Notification of intent to use voucher.-- ``(A) Notification by sponsor.--The sponsor of a human drug application intending to use a voucher awarded or transferred under this section shall notify the Secretary not later than 15 months prior to loss of patent and exclusivities on the drug for which the voucher will be redeemed, in such form as the Secretary may require. ``(B) Notification by secretary.--Within 30 calendar days of such notification to the Secretary, the Secretary shall notify the sponsor of its eligibility to redeem a voucher for the intended drug. ``(c) Priority List of Critical Needs for Neonates.-- ``(1) In general.--The Secretary, in consultation with the Pediatric Advisory Committee, the National Institutes of Health, the International Neonatal Consortium sponsored by Critical Path Institute, and other stakeholders, shall, within one year of the date of enactment of the Promoting Life-Saving New Therapies for Neonates Act of 2015-- ``(A) develop and publish a list of critical research priorities related to specific diseases or conditions common to the neonatal population (referred to as the `Priority List of Critical Needs for Neonates'); ``(B) issue guidance specific to the neonatal drug exclusivity voucher program; and ``(C) perform other activities necessary to support neonatal drug applications. ``(2) Public comment.--The Secretary shall provide a period of public notice and comment on the proposed list and shall hold public meetings to elicit input from patient advocacy and other organizations prior to publishing the final list. ``(3) Subsequent update.--The Secretary may revise, and publish in accordance with paragraph (1)(A), the Priority List of Critical Needs for Neonates every 3 years, or as frequently as the Secretary determines necessary. ``(4) Restriction on removal from list.--No disease or condition on the Priority List of Critical Needs for Neonates may be removed until after completion of the study and report under subsection (d). ``(d) GAO Study and Report.-- ``(1) Study.-- ``(A) In general.--Beginning 8 years after the date of enactment of the Promoting Life-Saving New Therapies for Neonates Act of 2015 or on the date that the Secretary awards the third neonatal exclusivity voucher under this section, whichever is earlier, the Comptroller General of the United States shall conduct a study of the effectiveness of the program under this section for the development of human drugs to treat and prevent diseases or conditions in the neonatal population. ``(B) Contents of the study.--In conducting the study under subparagraph (A), the Comptroller General shall examine the following: ``(i) The number of neonatal drug vouchers awarded under this section. ``(ii) The indications for each drug for which a neonatal exclusivity voucher was approved under section 505 or section 351 of the Public Health Service Act, and whether any other drugs with indications for populations other than neonates were approved with an indication for neonates under those sections. ``(iii) Whether, and to what extent, an unmet need related to the treatment or prevention of a disease or condition that affects the neonatal population was met through the approval of a neonatal drug. ``(iv) The value of the neonatal exclusivity voucher if transferred. ``(v) Identification of each drug for which a neonatal exclusivity voucher was used. ``(vi) The length of the period of time between the date on which a neonatal exclusivity voucher was awarded and the date on which it was used. ``(2) Report.--Not later than 1 year after the date under paragraph (1)(A), the Comptroller General shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing the results of the study under paragraph (1).''.

Promoting Life-Saving New Therapies for Neonates Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to award the sponsor of a new drug or biological product for the treatment of newborns a neonatal drug exclusivity voucher upon approval of the medication. A neonatal drug exclusivity voucher is a transferable voucher for a one-year extension of all existing patents and marketing exclusivities for a brand name medication. For a sponsor to be eligible for a voucher, the new medication must: (1) treat a condition identified in the Priority List of Critical Needs for Neonates required under this Act, and (2) have been studied in newborns. A voucher may be revoked if the new medication is not marketed in the United States within one year of approval. A voucher may not be used: (1) to extend the marketing exclusivity period for a drug for which the FDA requires an assessment of the safety and effectiveness in newborns, or (2) on the same product as a priority review voucher. A sponsor intending to use a voucher must notify the FDA at least 15 months before the expiration of the patents or exclusivity to be extended. The Government Accountability Office must study the effectiveness of this voucher program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1993''. SEC. 2. TITLE AND PART HEADINGS. (a) Title.--The heading of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) is amended to read as follows: ``TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''. (b) Part.--The heading of part A of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) is amended to read as follows: ``PART A--GENERAL PROVISIONS''. SEC. 3. FINDINGS AND PURPOSES. Section 101 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000) is amended to read as follows: ``SEC. 101. FINDINGS, PURPOSES, AND POLICY. ``(a) Findings.--The Congress finds that-- ``(1) in 1993 there are more than 3,000,000 individuals with developmental disabilities in the United States; ``(2) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to enjoy the opportunity to live independently, enjoy self-determination, make choices, contribute to society, and experience full integration and inclusion in the economic, political, social, cultural, and educational mainstream of American society; ``(3) individuals with developmental disabilities continually encounter various forms of discrimination in critical areas; ``(4) there is a lack of public awareness of the capabilities and competencies of individuals with developmental disabilities; ``(5) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely; ``(6) individuals with developmental disabilities often require lifelong specialized services and assistance, provided in a coordinated and culturally competent manner by many agencies, professionals, advocates, community representatives, and others to eliminate barriers and to meet the needs of such individuals and their families; ``(7) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services from generic and specialized service systems and remain unserved or underserved; ``(8) family members, friends, and members of the community can play an important role in enhancing the lives of individuals with developmental disabilities, especially when the family and community are provided with the necessary services and supports; and ``(9) the goals of the Nation properly include the goal of providing individuals with developmental disabilities with the opportunities and support to-- ``(A) make informed choices and decisions; ``(B) live in homes and communities in which such individuals can exercise their full rights and responsibilities as citizens; ``(C) pursue meaningful and productive lives; ``(D) contribute to their family, community, State, and Nation; ``(E) have interdependent friendships and relationships with others; and ``(F) achieve full integration and inclusion in society; in an individualized manner, consistent with unique strengths, resources, priorities, concerns, abilities and capabilities of each individual. ``(b) Purpose.--The purpose of this Act is to assure that individuals with developmental disabilities and their families have access to culturally competent services, supports, and other assistance and opportunities that promote independence, productivity, and integration and inclusion into the community, through-- ``(1) support to State Developmental Disabilities Councils in each State to promote, through systemic change, capacity building, and advocacy (consistent with section 101(c)(2)), a consumer and family-centered, comprehensive system, and a coordinated array of services, supports, and other assistance for individuals with developmental disabilities and their families; ``(2) support to protection and advocacy systems in each State to protect the legal and human rights of individuals with developmental disabilities; ``(3) support to university affiliated programs to provide interdisciplinary preservice preparation of students and fellows, community service activities, and the dissemination of information and research findings; and ``(4) support to national initiatives to collect necessary data, provide technical assistance to State Developmental Disabilities Councils, protection, and advocacy systems and university affiliated programs, and support other nationally significant activities. ``(c) Policy.--It is the policy of the United States that all programs, projects, and activities receiving assistance under this Act shall be carried out in a manner consistent with the principles that-- ``(1) individuals with developmental disabilities, including those with the most severe developmental disabilities, are capable of achieving independence, productivity, and integration and inclusion into the community, and the provision of services, supports and other assistance can improve such individuals' ability to achieve independence, productivity, and integration and inclusion; ``(2) individuals with developmental disabilities and their families have competencies, capabilities and personal goals that should be recognized, supported, and encouraged and any assistance should be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of the individual; ``(3) individuals with developmental disabilities and their families are the primary decisionmakers regarding the services and supports such individuals and their families receive and play decisionmaking roles in policies and programs that affect the lives of such individuals and their families; ``(4) services, supports, and other assistance are provided in a manner that demonstrates respect for individual dignity, personal preferences, and cultural differences; ``(5) communities accept and support individuals with developmental disabilities and are enriched by the full and active participation and the contributions by individuals with developmental disabilities and their families; and ``(6) individuals with developmental disabilities have opportunities and the necessary support to be included in community life, have interdependent relationships, live in homes and communities, and make contributions to their families, community, State, and Nation.''. SEC. 4. TECHNICAL AMENDMENTS. (a) Protection and Advocacy of the Rights of Individuals With Developmental Disabilities.--The heading of part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) is amended to read as follows: ``PART C--PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''. (b) System Required.--Section 142 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042) is amended by adding at the end the following subsection: ``(i) Public Notice of Federal Onsite Review.--The Secretary shall provide advance public notice of any Federal programmatic and administrative review and solicit public comment on the system funded under this part through such notice. The findings of the public comment solicitation notice shall be included in the onsite visit report. The results of such reviews shall be distributed to the Governor of the State and to other interested public and private parties.''. (c) Definition Regarding University Affiliated Programs.--The Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) is amended-- (1) in section 102(1)-- (A) by inserting ``, except as provided in section 155,'' before ``includes''; and (B) by inserting ``the Commonwealth of'' before ``Puerto Rico''; and (2) by adding at the end of part D the following section: ``SEC. 155. DEFINITION. ``For purposes of this part, the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.''. SEC. 5. AUTHORIZATIONS OF APPROPRIATIONS. (a) Planning of Priority Area Activities.--Section 130 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6030) is amended by striking ``$77,400,000'' and all that follows and inserting the following: ``$70,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. (b) Protection and Advocacy of Individual Rights.--Section 143 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6043) is amended by striking ``$24,200,000'' and all that follows and inserting the following: ``$24,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. (c) University Affiliated Program.--Section 154 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6064) is amended to read as follows: ``SEC. 154. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of making grants under subsections (a) through (e) of section 152, there are authorized to be appropriated $19,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. (d) Projects of National Significance.--Section 163(a) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6083(a)) is amended by striking ``$3,650,000'' and all that follows and inserting the following: ``$4,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''.

Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1993 - Amends the Developmental Disabilities Assistance and Bill of Rights Act to revise the Act's statements of findings and purpose and to declare related policy. Requires: (1) advance public notice of any Federal programmatic and administrative review; (2) solicitation of public comment on State systems to protect and advocate the rights of persons with developmental disabilities; (3) inclusion of the comment findings in the onsite visit report; and (4) distribution of the review results. Removes from the definition of "State," as it applies to university affiliated programs under the Act, references to the Northern Mariana Islands, American Samoa, and the Trust Territory of the Pacific Islands. Authorizes appropriations under the Act for priority area activities, protection and advocacy of the rights of individuals with developmental disabilities, university affiliated programs, and projects of national significance.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Respirator Access Assurance Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year millions of workers, responders, and citizens in the United States and around the world depend on the availability of respirators made in the United States for protection against exposure to hazardous materials and in the event of terrorist incidents, airborne disease epidemics, and other disasters. (2) Respirators are tested, and the design and labeling of respirators is regulated by an independent Federal agency, the National Institute for Occupational Safety and Health, which is part of the Centers for Disease Control and Prevention. NIOSH establishes the performance standards for respirators, independently tests and certifies that respirators meet its standards, and performs follow-up field audits of respirators to ensure continued compliance with NIOSH performance standards. Prior to the establishment of NIOSH, respirators were approved by the United States Bureau of Mines. (3) Respirator manufacturers and sellers do not and cannot control or determine the manner in which their products are used. (4) Manufacturers and sellers of respirators designed and labeled in compliance with NIOSH requirements have been named as defendants in a substantial number of product liability claims alleging that these NIOSH-approved designs and warnings are defective. (5) Respirators are sold in and have an effect on interstate commerce. (6) Manufacturers of respirators may cease making such products, in principal part because of the costs of litigation. (7) A continued United States capacity to manufacture and distribute respirators is necessary to assure that these products remain available. Lack of availability of respirators will increase risks to the health of millions of American workers and emergency responders. (8) The protections set forth in this Act are needed to assure the continued commercial availability of lifesaving respirators. SEC. 3. DEFINITIONS. In this Act: (1) Manufacturer.--The term ``Manufacturer'' means any person who, in the course of a business conducted for that purpose, designs, makes, produces, packages, or labels any respirator or component part of a respirator, or engages another to do so. (2) NIOSH.--The term ``NIOSH'' means the National Institute for Occupational Safety and Health. (3) NIOSH approval.--The term ``NIOSH approval'' means a certificate or formal document issued by NIOSH stating that an individual respirator or combination of respirators has met the minimum requirements of part 84 of title 42, Code of Federal Regulations, or part 11 of title 30, Code of Federal Regulations, and that the manufacturer is authorized to use and attach an approval label to any respirator manufactured in conformance with the plans and specifications upon which the approval was based. For purposes of this Act, NIOSH approval shall also mean certification or approval by any Federal Government agency with authority to approve respirators, including the United States Bureau of Mines and the Mine Safety and Health Administration. (4) Respirator.--The term ``Respirator'' means any device, including component or replacement parts for a device, designed to provide the wearer with respiratory protection against inhalation of a hazardous atmosphere. (5) Seller.--The term ``Seller'' means a person or entity, including a retailer, distributor, or wholesaler, that is regularly engaged in selling respirators. SEC. 4. EFFECT OF NIOSH APPROVAL OF DESIGN AND LABELING. (a) In General.--A manufacturer or seller of a respirator shall not be subject to any claim for defective design or warning relating to a respirator or any claim which is based on such an allegation if such respirator has received a NIOSH approval, and such respirator is manufactured in compliance with the NIOSH-approved design and labeling in effect on the date of manufacture. This provision shall not apply to a respirator that fails to comply with the NIOSH-approved design and labeling standards in effect on the date of manufacture. (b) Withdrawal of Approval.--Subsection (a) shall not apply to a manufacturer or seller of a respirator if NIOSH withdraws its approval for the respirator that is the subject of the claim involved based on a finding by NIOSH that the manufacturer or seller-- (1) withheld from or misrepresented to NIOSH material information about the respirator's design or labeling and the respirator otherwise would not have been approved; or (2) made an illegal payment to a NIOSH official or employee for the purpose of securing or maintaining approval of the respirator's design or labeling. (c) Statute of Limitations.--A statute of limitations that would otherwise apply to claims to which subsection (b) applies shall not begin to run until the date on which NIOSH withdraws its approval for the respirator involved. SEC. 5. PREEMPTION AND STATUTORY CONSTRUCTION. (a) Preemption.--The provisions of this Act shall supersede any and all State or local laws insofar as they may now or hereafter relate to any claim for defective design or warning relating to a respirator or any claim which is based on such an allegation if such respirator complied with the NIOSH-approved design and labeling in effect on the date of manufacture. (b) Statutory Construction.--Nothing in this Act may be construed to affect any defense available to a defendant under any other provision of State or Federal law, or to create a cause of action or Federal court jurisdiction pursuant to section 1331 or 1332 of title 28, United States Code, that otherwise would not exist under applicable law. SEC. 6. APPLICABILITY. This Act applies to any civil action in a Federal or State court, on the basis of any legal theory, for harm allegedly caused, directly or indirectly, by a respirator, a respirator manufacturer, or a respirator seller. SEC. 7. EFFECTIVE DATE. This Act shall become effective upon enactment and shall apply to any action that has not proceeded to trial as of the date of enactment, regardless of when the respirator was manufactured or sold.

Respirator Access Assurance Act of 2005 - States that manufacturers or sellers of respirators shall not be subject to claims for defective design or warning, or any claims based on such allegations, if the respirator in question received National Institute for Occupational Safety and Health (NIOSH) approval and was manufactured in compliance with NIOSH-approved design and labeling in effect on the date of manufacture. Provides for withdrawal of a previous NIOSH approval of a respirator on grounds of misrepresentation of material information or bribery of a NIOSH officer or employee (thus subjecting the manufacturer or seller to liability for a claim). Preempts all state and local laws with regard to such claims. Makes this Act applicable to any civil action in federal or state court for harm allegedly caused by a respirator, respirator manufacturer, or respirator seller. Applies this Act to any action than has not proceeded to trial as of the date of enactment.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Closing the Pre-Paid Mobile Device Security Gap Act of 2016''. SEC. 2. IDENTIFICATION REQUIREMENT. Prior to the completion of any sale of a pre-paid mobile device or SIM card to a purchaser, an authorized reseller shall require the purchaser to provide the following information: (1) The full name of the purchaser. (2) The complete home address of the purchaser. (3) The date of birth of the purchaser. SEC. 3. IDENTIFICATION VERIFICATION. (a) In-Person Sales.--An authorized reseller making a sale to a purchaser in person shall verify the purchaser information provided under section 2 by requiring the purchaser to display either of the following: (1) A photographic identification card issued by the Federal Government or a State government, or a document considered acceptable for purposes of subparagraph (B), (C), or (D) of section 274A(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)). (2) Any 2 of the following: (A) A Form W-2 Wage and Tax Statement received from the Internal Revenue Service, provided that such form has been received from the Internal Revenue Service within the prior 18 months. (B) A Form 1099 Social Security Benefit Statement received from the Social Security Administration, provided that such form has been received from the Social Security Administration within the prior 18 months. (C) A Form 1099 received from any other agency of the Federal Government other than the Social Security Administration, including the Internal Revenue Service, provided that such form has been received within the prior 18 months. (D) Any document containing personal identifying information that the Attorney General finds, by regulation, to be acceptable for purposes of this section. (b) Other Sales.--An authorized reseller making a sale to a purchaser not in person shall verify the purchaser information provided under section 2 by requiring the purchaser to submit the following information: (1) Valid credit or debit card account information. (2) Social Security number. (3) Driver's license number. (4) Any other personal identifying information that the Attorney General finds, by regulation, to be necessary for purposes of this section. SEC. 4. RECORD MAKING REQUIREMENT. Upon completion of a sale of a pre-paid mobile device or SIM card, an authorized reseller shall make a record of the sale that includes the following information: (1) The information obtained from the purchaser under section 2, and, if applicable, the information submitted by the purchaser under subsection (b) of section 3. (2) The date of sale. (3) The manufacturer of the pre-paid mobile device or SIM card. (4) The wireless carrier that will provide wireless communication service to the pre-paid mobile device or SIM card. (5) Any assigned telephone number or other subscriber or account identifier known at the time of purchase. (6) Any of the following, if applicable to the pre-paid mobile device or SIM card: (A) International mobile equipment identifier number. (B) Electronic serial number. (C) Mobile equipment identifier. (D) International mobile subscriber identifier. (E) Machine address code. SEC. 5. RECORD TRANSMISSION REQUIREMENT. (a) In General.--Not later than 30 days after the sale of a pre- paid mobile device or SIM card, an authorized reseller shall transmit the record of the sale made in accordance with section 4 to the wireless carrier that will provide wireless communication service to the pre-paid mobile device or SIM card. (b) Permissible Means of Transmission.--In complying with the requirements of subsection (a), an authorized reseller may transmit the sale record to the wireless carrier by means of secure electronic transmission. SEC. 6. RECORDKEEPING REQUIREMENT. After an authorized reseller has transmitted a sale record to a wireless carrier in accordance with section 5, the wireless carrier shall-- (1) provide a transmission confirmation receipt to the authorized reseller, after the receipt of which the authorized reseller shall dispose promptly of any retained copy of the record; and (2) retain the transmitted sale record in accordance with the privacy protections of section 222 of the Communications Act of 1934 (47 U.S.C. 222) for a period of 18 months or until the wireless carrier stops or otherwise discontinues providing service to the pre-paid mobile device or SIM card to which the sale record relates. SEC. 7. PENALTIES. (a) False or Misleading Statements.--A purchaser who knowingly provides false or misleading information when providing the identifying information and documents required under sections 2 and 3 shall be fined under title 18, United States Code, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331 of such title), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591 of such title, then the term of imprisonment imposed under this section shall be not more than 8 years. (b) Failure To Comply.-- (1) In general.--The Attorney General shall assess, against an authorized reseller or wireless carrier who commits an offense under this Act, a civil penalty of $50 for each such offense. (2) Separate offense.-- (A) By authorized reseller.--The failure of an authorized reseller, with respect to each separate sale of a pre-paid mobile device or SIM card, to request purchaser identification under section 2, to verify identification under section 3, to make a record under section 4, and to transmit a record under section 5, shall constitute a separate offense. (B) By wireless carrier.--The failure of a wireless carrier, with respect to each separate sale of a pre- paid mobile device or SIM card for which the carrier receives the sale record transmitted under section 5, to provide a transmission confirmation receipt under section 6(1), and to retain the sale record under section 6(2), shall constitute a separate offense. (3) Rule of construction.--Nothing in this section may be construed to-- (A) hold a wireless carrier liable for an offense under this Act committed by an authorized reseller; and (B) hold an authorized reseller liable for an offense under this Act committed by a wireless carrier. SEC. 8. RELATED OFFENSES. (a) Sale by Unauthorized Resellers.-- (1) In general.--It shall be unlawful for any person who is not an authorized reseller to sell a pre-paid mobile device or SIM card. (2) Penalty.--Whoever knowingly violates paragraph (1) shall be imprisoned for not more than 2 years or fined under title 18, United States Code, or both. (3) Notice.--The Attorney General shall make rules requiring a manufacturer or authorized reseller to notify a purchaser of a mobile device or SIM card of the offense and penalty established by this section. (b) Commission of Other Crimes.--If a person knowingly uses a pre- paid mobile device or SIM card obtained by providing false or misleading information in violation of section 2 or 3 to commit a Federal criminal offense, the minimum term of imprisonment for such offense that is required under Federal statute (if any such minimum term is so required) shall be increased by 1 year. SEC. 9. PRESERVATION OF STATE LAW. Nothing in this Act is intended to preempt additional State requirements with respect to the distribution and sale of mobile devices or SIM cards, or to otherwise prevent or prohibit any State from enacting any such requirements. SEC. 10. DEFINITIONS. In this Act: (1) Authorized reseller.--The term ``authorized reseller'' means any person authorized by-- (A) a manufacturer to sell the manufacturer's mobile devices or SIM cards; or (B) a wireless carrier to sell pre-paid mobile devices or SIM cards to which the wireless carrier will provide wireless communication service. (2) Pre-paid mobile device.--The term ``pre-paid mobile device'' means any cellular phone or similar wireless communication device for which the mobile device user purchases a set allotment of wireless communication service. (3) SIM card.--The term ``SIM card'' means a subscriber identity module or functionally equivalent data storage device. (4) Wireless carrier.--The term ``wireless carrier'' means a provider of wireless communication service. (5) Wireless communication service.--The term ``wireless communication service'' means commercial mobile service (as defined in section 332 of the Communications Act of 1934 (47 U.S.C. 332)) or commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)).

Closing the Pre-Paid Mobile Device Security Gap Act of 2016 This bill requires authorized resellers of pre-paid mobile devices or SIM cards to require purchasers to provide their name, home address, and date of birth. For in-person sales, an authorized reseller must require purchasers to display for verification: (1) a government-issued photographic identification card or a document acceptable under the Immigration and Nationality Act for employment authorization or establishing identity; and (2) any two of a Form W-2 Wage and Tax Statement from the Internal Revenue Service, a Form 1099 Social Security Benefit Statement or a Form 1099 from another federal agency, or a document containing personal identifying information that the Department of Justice (DOJ) finds to be acceptable. For all other sales, an authorized reseller must require purchasers to submit their: (1) credit or debit card account information, (2) Social Security number, (3) driver's license number, and (4) any personal identifying information that DOJ finds to be necessary. Authorized resellers must make a record of their sales that includes: (1) the information obtained from purchasers to verify their identity; (2) the date of sale; (3) the manufacturer and the wireless carrier of the device or SIM card; (4) any assigned telephone number or other identifier of the subscriber or account; and (5) if applicable, the international mobile equipment identifier number, electronic serial number, mobile equipment identifier, international mobile subscriber identifier, and machine address code. Within 30 days after a sale, an authorized reseller must transmit such record to the wireless carrier for the device or SIM card. Purchasers are subject to criminal penalties for providing false or misleading identifying information or documents. A civil penalty is established for authorized resellers or wireless carriers who fail to comply with this Act. The bill also prohibits and establishes criminal penalties for the sale of a pre-paid mobile device or SIM card by a person who is not an authorized reseller.

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SECTION 1. PROGRAM OF IDENTIFICATION OF CERTAIN DEPORTABLE ALIENS AWAITING ARRAIGNMENT. (a) Establishment of Program.--Not later than 6 months after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Attorney General shall establish and implement a program to identify, from among the individuals who are incarcerated in local governmental incarceration facilities prior to arraignment on criminal charges, those individuals who are within 1 or more of the following classes of deportable aliens: (1) Aliens unlawfully present in the United States. (2) Aliens described in paragraph (2) or (4) of section 237(a) of the Immigration and Nationality Act (as redesignated by section 305(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996). (b) Description of Program.--The program authorized by subsection (a) shall include-- (1) the detail, to each incarceration facility selected under subsection (c), of at least one employee of the Immigration and Naturalization Service who has expertise in the identification of aliens described in subsection (a); and (2) provision of funds sufficient to provide for-- (A) the detail of such employees to each selected facility on a full-time basis, including the portions of the day or night when the greatest number of individuals are incarcerated prior to arraignment; (B) access for such employees to records of the Service and other Federal law enforcement agencies that are necessary to identify such aliens; and (C) in the case of an individual identified as such an alien, pre-arraignment reporting to the court regarding the Service's intention to remove the alien from the United States. (c) Selection of Facilities.-- (1) In general.--The Attorney General shall select for participation in the program each incarceration facility that satisfies the following requirements: (A) The facility is owned by the government of a local political subdivision described in clause (i) or (ii) of subparagraph (C). (B) Such government has submitted a request for such selection to the Attorney General. (C) The facility is located-- (i) in a county that is determined by the Attorney General to have a high concentration of aliens described in subsection (a); or (ii) in a city, town, or other analogous local political subdivision, that is determined by the Attorney General to have a high concentration of such aliens (but only in the case of a facility that is not located in a county). (D) The facility incarcerates or processes individuals prior to their arraignment on criminal charges. (2) Number of qualifying subdivisions.--For any fiscal year, the total number of local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses shall be the following: (A) For fiscal year 1999, not less than 10 and not more than 25. (B) For fiscal year 2000, not less than 25 and not more than 50. (C) For fiscal year 2001, not more than 75. (D) For fiscal year 2002, not more than 100. (E) For fiscal year 2003 and subsequent fiscal years, 100, or such other number of political subdivisions as may be specified in appropriations Acts. (3) Facilities in interior states.--For any fiscal year, of the local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses, not less than 20 percent shall be in States that are not contiguous to a land border. (4) Treatment of certain facilities.--All of the incarceration facilities within the county of Orange, California, and the county of Ventura, California, that are owned by the government of a local political subdivision, and satisfy the requirements of paragraph (1)(D), shall be selected for participation in the program. SEC. 2. STUDY AND REPORT. Not later than 1 year after the date of the enactment of this Act, the Attorney General shall complete a study, and submit a report to the Congress, concerning the logistical and technological feasibility of implementing the program under section 1 in a greater number of locations than those selected under such section through-- (1) the assignment of a single Immigration and Naturalization Service employee to more than 1 incarceration facility; and (2) the development of a system to permit the Attorney General to conduct off-site verification, by computer or other electronic means, of the immigration status of individuals who are incarcerated in local governmental incarceration facilities prior to arraignment on criminal charges. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Attorney General to implement a program to identify aliens held in local incarceration facilities prior to criminal arraignment who are illegally in the United States or who are deportable on criminal or security grounds. Requires that at least one Immigration and Naturalization Service (INS) employee with identification expertise be assigned to each program facility. Directs the Attorney General to select facilities for participation that: (1) are owned by requesting local political subdivisions; (2) are located in counties or subdivisions with high concentrations of illegal or deportable aliens; and (3) incarcerate persons prior to criminal arraignment. States that all local facilities within Orange and Ventura Counties, California, that incarcerate prior to arraignment shall be selected for program participation. Sets forth required numbers of qualifying subdivisions, beginning with FY 1999. Directs the Attorney General to report respecting future program enlargement through: (1) computer or other electronic means of off-site status verification; and (2) multiple facility assignment of INS personnel.

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SECTION 1. SHORT TITLE; FINDINGS; AND PURPOSES. (a) Short Title.--This Act may be cited as the ``Mentor Schools Act''. (b) Findings.--The Congress finds that-- (1) while low-income students have made significant gains with respect to educational achievement and attainment, considerable gaps still persist for these students in comparison to those from more affluent socio-economic backgrounds; (2) our Nation has a compelling interest in assuring that all children receive a high quality education; (3) new methods and experiments to revitalize the educational achievement of, and opportunities for, low-income individuals must be a part of any comprehensive solution to the problems in our Nation's educational system; (4) successful educational alternatives should be widely implemented to better the education of low-income individuals; (5) preliminary research shows that same gender schools produce promising academic and behavioral improvements in both sexes for low-income, educationally disadvantaged students; (6) extensive data on same gender schools are needed to determine whether same gender schools are closely tailored to achieving the compelling government interest in assuring that all children are educated to the best of their ability; (7) in recent years efforts to experiment with same gender schools have been inhibited by lawsuits and threats of lawsuits by private groups as well as governmental entities; and (8) same gender schools are a legal educational alternative to coeducational schools and are not prohibited under the regulations under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as such regulations were in effect on the day preceding the date of enactment of this Act, so long as-- (A) comparable courses, services and facilities are available to students of each sex; and (B) the same policies and criteria for admission to such schools are used for both sexes. (c) Purposes.--It is the purpose of this Act-- (1) to award grants to local educational agencies for the establishment of same gender schools for low-income students; (2) to determine whether same gender schools make a difference in the educational achievement and opportunities of low-income, educationally disadvantaged individuals; (3) to improve academic achievement and persistence in school; and (4) to involve parents in the educational options and choices of their children. SEC. 2. DEFINITIONS. As used in this Act-- (1) the term ``evaluating agency'' means any academic institution, consortium of professionals, or private or nonprofit organization, with demonstrated experience in conducting evaluations, that is not an agency or instrumentality of the Federal Government; (2) the term ``mentor school'' means a public elementary school or secondary school, or consortium of such schools, that-- (A)(i) in the case of a public elementary school or secondary school, receives funds under this Act; or (ii) in the case of a consortium of such schools, all of which receive funds under this Act; (B) develops a plan for, and provides access to-- (i) a school for boys; (ii) a school for girls; and (iii) a coeducational school; (C) gives parents the option of choosing to send their child to each school described in subparagraph (B); (D) admits students on the basis of a lottery, if more students apply for admission to a school described in clause (i) or (ii) of subparagraph (B) that can be accommodated; (E) operates, as part of the educational program of a school described in clause (i) or (ii) of subparagraph (B), a one-to-one mentoring program that-- (i) involves members from the community served by such school as volunteer mentors; (ii) pairs an adult member of such community with a student of the same gender as such member; and (iii) involves the collaboration of one or more community groups with experience in mentoring or other relationship development activities; and (F) operates in pursuit of improving achievement among all children based on a specific set of educational objectives determined by the local educational agency applying for a grant under this part, in conjunction with the mentor school advisory board established under section 3(d), and agreed to by the Secretary; (3) the term ``mentor school advisory board'' means an advisory board established in accordance with section 3(d); and (4) the term ``Secretary'' means the Secretary of Education. SEC. 3. PROGRAM AUTHORIZED. (a) Authority.-- (1) In general.--From amounts made available under section 7, the Secretary is authorized to award grants to not more than 100 local educational agencies for the planning and operation of one or more mentor schools. (2) Eligible local educational agencies.--The Secretary shall only award a grant under paragraph (1) to a local educational agency that-- (A) receives funds under section 1124A of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6334); and (B) is among the 20 percent of local educational agencies receiving funds under section 1124A (20 U.S.C. 6334) of such Act in the State that have the highest number of children described in section 1124(c) (20 U.S.C. 6333(c)) of such Act. (b) Grant Periods.--Each grant under subsection (a) may be awarded for a period of not more than 5 years, of which a local educational agency may use not more than 1 year for planning and program development for a mentor school. (c) Limitation.--The Secretary shall not award more than 1 grant under this Act to support a particular mentor school. (d) Mentor School Advisory Board.--Each local educational agency receiving a grant under this Act shall establish a mentor school advisory board. Such advisory board shall be composed of school administrators, parents, teachers, local government officials and volunteers involved with a mentor school. Such advisory board shall assist the local educational agency in developing the application for assistance under section 4 and serve as an advisory board in the functioning of the mentor school. (e) Alternative Teaching Certificates.--Each local educational agency operating a mentor school under this Act is encouraged to employ teachers with alternative teaching certificates, including participants in the program assisted under section 1151 of title 10, United States Code (Troops to Teachers Program). SEC. 4. APPLICATIONS. (a) Applications Required.--Each local educational agency desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may reasonably require. (b) Application Contents.--Each application described in subsection (a) shall include-- (1) a description of the educational program to be implemented by the proposed mentor school, including-- (A) the grade levels or ages of children to be served; and (B) the curriculum and instructional practices to be used; (2) a description of the objectives of the local educational agency for the mentor school and a description of how such agency intends to monitor and study the progress of children participating in the mentor school; (3) a description of how the local educational agency intends to include in the mentor school administrators, teaching personnel, and role models from the private sector; (4) a description of how school administrators, parents, teachers, local government and volunteers will be involved in the design and implementation of the mentor school; (5) a description of the one-to-one mentoring program required by section 2(2)(E); (6) a description of how the local educational agency or the State, as appropriate, will provide for continued operation of the mentor school once the Federal grant has expired, if such agency determines that such school is successful; (7) a description of how the grant funds will be used; (8) a description of how students in attendance at the mentor school, or in the community served by such school, will be-- (A) informed about such school; and (B) informed about the fact that admission to a school described in section 2(2)(B) is completely voluntary; (9) a description of how grant funds provided under this Act will be used in conjunction with funds provided to the local educational agency under any other program administered by the Secretary; (10) an assurance that the local educational agency will annually provide the Secretary such information as the Secretary may require to determine if the mentor school is making satisfactory progress toward achieving the objectives described in paragraph (2); (11) an assurance that the local educational agency will cooperate with the Secretary in evaluating the program authorized by this Act; (12) an assurance that resources provided under this Act shall be used equally for schools for boys and for schools for girls; (13) an assurance that the activities assisted under this Act will not have an adverse affect, on either sex, that is caused by-- (A) the quality of facilities for boys and for girls; (B) the nature of the curriculum for boys and for girls; (C) program activities for boys and for girls; and (D) instruction for boys and for girls; and (14) such other information and assurances as the Secretary may require. SEC. 5. SELECTION OF GRANTEES. The Secretary shall award grants under this Act on the basis of the quality of the applications submitted under section 4, taking into consideration such factors as-- (1) the quality of the proposed curriculum and instructional practices for the mentor school; (2) the organizational structure and management of the mentor school; (3) the quality of the plan for assessing the progress made by students served by a mentor school over the period of the grant; (4) the extent of community support for the application; (5) the likelihood that the mentor school will meet the objectives of such school and improve educational results for students; and (6) the assurances submitted pursuant to section 4(b)(13). SEC. 6. EVALUATION. (a) In General.--From the amount appropriated under section 7 for each fiscal year, the Secretary shall make available to the Comptroller General 1 percent of such amount to enable the Comptroller General to enter into a contract with an evaluating agency for the evaluation of the mentor schools program under this Act. Such evaluation shall measure the academic competence and social development of students attending mentor schools, including school attendance levels, student achievement levels, drop out rates, college admissions, incidences of teenage pregnancy, and incidences of incarceration. (b) Report.--The evaluating agency entering into the contract described in subsection (a) shall submit a report to the Congress not later than September 30, 2002, regarding the results of the evaluation conducted in accordance with such subsection. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $300,000,000 for fiscal year 1996 and such sums as may be necessary for each of the fiscal years 1997, 1998, 1999, and 2000 to carry out this Act. (b) Availability.--Funds appropriated under subsection (a) shall remain available until expended.

Mentor Schools Act - Authorizes the Secretary of Education to award grants to not more than 100 eligible local educational agencies for the planning and operation of one or more mentor schools. Prohibits the Secretary from awarding more than one such grant to support a particular mentor school. Requires each local educational agency receiving such a grant to establish a mentor school advisory board. Encourages each local educational agency operating such a mentor school to employ teachers with alternative teaching certificates, including participants in the Troops to Teachers Program. Sets forth requirements for: (1) applications; (2) selection of grantees; and (3) non-Federal evaluating agencies' evaluations and reports (in contract with the Comptroller General). Authorizes appropriations.

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SECTION 1. RESTORATION OF WASHINGTON SQUARE. (a) Restoration.--The Secretary of the Interior (acting through the Director of the National Park Service) is authorized to provide a grant to the City of Philadelphia to undertake the restoration of the area known as Washington Square, as depicted on the map numbered 391-80,016 and dated September 1994. Such grant may not be used to fund more than 66.6 percent of the costs of such restoration. The grant shall be conditioned on the conduct of such restoration in accordance with such standards as may be established by the Secretary in order to facilitate the inclusion of the square in Independence National Historical Park pursuant to section 2 of this Act. Such standards shall provide for the use of the most cost-efficient design and materials that are both consistent with the historical values of the square and suitable for inclusion in Independence National Historical Park. The grant shall also be conditioned upon the entrance by the city into a memorandum of understanding with the Secretary with respect to the long-term lease and administration of the square. (b) Offset of Funding.--Any Federal funds, other than those authorized to be appropriated under this Act, that are appropriated for the purpose of restoring Washington Square (as depicted on the map referred to in subsection (a)) shall be used to offset any funds made available to the National Park Service pursuant to this Act. (c) Authorization of Appropriations.--There is authorized to be appropriated for the purposes of this section not more than $2,600,000 for the fiscal year 1995. SEC. 2. INCLUSION WITHIN INDEPENDENCE NATIONAL HISTORICAL PARK. Upon completion of the restoration, pursuant to section 1, of Washington Square (as depicted on the map referred to in section 1), the Secretary of the Interior is authorized to enter into a lease agreement with the city of Philadelphia for the lease of such area to the National Park Service for an amount not to exceed $1 per year, and to acquire such area or an interest in the area by donation, and the Secretary is authorized to modify the boundaries of Independence National Historical Park to include such area within such boundaries, and to provide for the administration of such area as part of such Park. SEC. 3. ROLE OF CITY OF PHILADELPHIA. In accordance with the terms set forth in the Memorandum of Understanding signed by the Department of the Interior, the city of Philadelphia, and the Fairmount Park Commission and dated November 25, 1991, and as a condition of receiving the grant referred to in section 1(a), the city of Philadelphia shall provide, without cost to the Federal Government, services for Washington Square (as depicted on the map referred to in section 1) with respect to electricity, natural gas, water and sewer, curbside garbage collection of bagged trash or receipt of hauled trash at a city collection point, and police services comparable to those provided in the surrounding community.

Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to provide a grant to Philadelphia, Pennsylvania, to undertake the restoration of Washington Square in accordance with the standards established to facilitate its inclusion in Independence National Historical Park and upon the entrance by the city into a memorandum of understanding with the Secretary concerning the long-term lease and administration of the Square. Requires such standards to provide for the use of the most cost-efficient design and materials that are consistent with the historical values of the Square and suitable for inclusion in the Park. Prohibits such grant from being used to fund more than 66.6 percent of the costs of such restoration. Requires Federal funds, other than those authorized to be appropriated under this Act, that are appropriated for the purpose of restoring the Square, to be used to offset any funds made available to the National Park Service pursuant to this Act. Authorizes appropriations for FY 1995. Authorizes the Secretary to: (1) enter into an agreement with Philadelphia for the lease of the restored Square to the Service in an amount not to exceed one dollar per year; (2) acquire such Square or an interest in it by donation; (3) modify the Park's boundaries to include the Square; and (4) provide for the administration of the Square as part of the Park. Requires Philadelphia to provide, without cost to the Government, services for the Square with respect to electricity, natural gas, water and sewer, curbside garbage collection of bagged trash or receipt of hauled trash at a city collection point, and police services comparable to those provided in the surrounding community.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Crimes Resources Act of 2009''. SEC. 2. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE CRIMINAL ACTIVITY INVOLVING COMPUTERS, CRIMES OF FRAUD INVOLVING FEDERAL ECONOMIC ASSISTANCE AND RELIEF PROGRAMS, AND FINANCIAL CRIMES. (a) Additional Funding for Resources.-- (1) Authorization.--For the purposes described in subsection (b), there are authorized to be appropriated for each of the fiscal years 2010 through 2012-- (A) to the Director of the United States Secret Service, $20,000,000; (B) to the Director of the Federal Bureau of Investigation, $100,000,000; (C) to the Attorney General, for-- (i) the Criminal Division of the Department of Justice, $20,000,000; (ii) the Civil Division of the Department of Justice, $15,000,000; (iii) the Tax Division of the Department of Justice, $5,000,000; and (iv) the offices of the United States Attorneys, $50,000,000; (D) to the Inspector General of the Department of Housing and Urban Development, $30,000,000; (E) to the Chief Postal Inspector of the United States Postal Inspection Service, $30,000,000; and (F) to the Director of the Administrative Office of the United States Courts, $20,000,000. (2) Additional funding and availability.--The amounts authorized under paragraph (1) are in addition to amounts otherwise authorized in other Acts, and shall remain available until expended. (b) Use of Additional Funding.--Funds made available under subsection (a)(1) shall be used-- (1) by the recipients described in subparagraphs (A) through (E) of such subsection, to provide for resources to investigate and prosecute criminal activity involving computers, crimes of fraud involving Federal economic assistance and relief programs, and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud; and (2) by the recipient described in subparagraph (F) of such subsection, for costs associated with providing defense services in cases in which a defendant is charged with criminal activity involving computers, crimes of fraud involving Federal economic assistance and relief programs, and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud. SEC. 3. GRANTS FOR STATE AND LOCAL LAW ENFORCEMENT. (a) In General.--Subject to the availability of amounts provided in advance in appropriations Acts, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice may award grants to States to establish and develop programs to increase and enhance enforcement against criminal activity involving computers and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud. (b) Application.--To be eligible for a grant under subsection (a), a State shall submit an application to the Assistant Attorney General for the Office of Justice Programs of the Department of Justice at such time, in such manner, and containing such information, including as described in subsection (d), as the Assistant Attorney General may require. (c) Use of Grant Amounts.--A grant awarded to a State under subsection (a) shall be used by a State to establish and develop programs to-- (1) assist State and local law enforcement agencies in enforcing State and local criminal laws relating to criminal activity involving computers and financial crimes; (2) assist State and local law enforcement agencies in educating the public to prevent and identify criminal activity involving computers and financial crimes; (3) educate and train State and local law enforcement officers and prosecutors to conduct investigations, forensic analyses of evidence, and prosecutions of criminal activity involving computers and financial crimes; (4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of criminal activity involving computers and financial crimes; (5) assist public defenders with providing defense services to defendents in cases in which the defendant is charged with criminal activity involving computers or a financial crime, including mortgage fraud, securities fraud, and financial institution fraud; and (6) facilitate and promote communication between Federal, State, and local law enforcement to improve the sharing of Federal law enforcement expertise and information about the investigation, forensic analysis of evidence, and prosecution of criminal activity involving computers and financial crimes with State and local law enforcement officers and prosecutors, including the use of multi-jurisdictional task forces. (d) Assurances and Eligibility.--To be eligible to receive a grant under subsection (a), a State shall provide assurances to the Assistant Attorney General for the Office of Justice Programs of the Department of Justice that the State-- (1) will provide an assessment of the resource needs of the State and units of local government within that State, including criminal justice resources being devoted to the investigation and enforcement of laws related to criminal activity involving computers and financial crimes; (2) will develop a plan for coordinating the programs funded under this section with other federally funded technical assistance and training programs; and (3) will submit to the Assistant Attorney General for the Office of Justice Programs of the Department of Justice applicable reports in accordance with subsection (f). (e) Matching Funds.--The Federal share of a grant received under this section may not exceed 90 percent of the total cost of a program or proposal funded under this section unless the Assistant Attorney General for the Office of Justice Programs of the Department of Justice waives, wholly or in part, the requirements of this subsection. (f) Reports.--For each year that a State receives a grant under subsection (a) for a program, the State shall submit to the Assistant Attorney General for the Office of Justice Programs of the Department of Justice a report on the results, including the effectiveness, of such program during such year. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $250,000,000 for each of the fiscal years 2010 through 2012. (2) Limitations.--Of the amount made available to carry out this section in any fiscal year, not more than 3 percent may be used for salaries and administrative expenses for the Department of Justice. (3) Minimum amount.--Each State submitting an application for, and eligible to receive, a grant under this section for a fiscal year shall be allocated under this section, in each such fiscal year, not less than 0.75 percent of the total amount appropriated in such fiscal year for grants pursuant to this section, except that not less than 0.25 percent of such total amount shall be allocated to the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, collectively. (4) Grants to indian tribes.--Notwithstanding any other provision of this section, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice may use amounts made available under this section to make grants to Indian tribes for use in accordance with this section.

Financial Crimes Resources Act of 2009 - Authorizes appropriations for FY2010-FY2012 to the U.S. Secret Service, the Federal Bureau of Investigation (FBI), the Department of Justice (DOJ), and other federal agencies for the investigation and prosecution of criminal activity involving computers, crimes of fraud involving federal economic assistance and relief programs, and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud. Authorizes the Assistant Attorney General for the Office of Justice Programs of DOJ to award grants to states to establish and develop programs for enforcement against criminal activity involving computers and financial crimes.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure Resiliency and Sustainability Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Hydrologic condition.--The term ``hydrologic condition'' means the quality, quantity, or reliability of the water resources of a region of the United States. (3) Owner or operator of a water system.-- (A) In general.--The term ``owner or operator of a water system'' means an entity (including a regional, State, tribal, local, municipal, or private entity) that owns or operates a water system. (B) Inclusions.--The term ``owner or operator of a water system'' includes-- (i) a non-Federal entity that has operational responsibilities for a federally, tribally, or State-owned water system; and (ii) an entity established by an agreement between-- (I) an entity that owns or operates a water system; and (II) at least 1 other entity. (4) Water system.--The term ``water system'' means-- (A) a community water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); (B) a treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)), including a municipal separate storm sewer system (as that term is used in that Act (33 U.S.C. 1251 et seq.)); (C) a decentralized wastewater treatment system for domestic sewage; (D) a groundwater storage and replenishment system; (E) a system for transport and delivery of water for irrigation or conservation; or (F) a natural or engineered system that manages floodwater. SEC. 3. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY. (a) Program.--The Administrator shall establish and implement a program, to be known as the ``Water Infrastructure Resiliency and Sustainability Program'', under which the Administrator shall award grants for each of fiscal years 2015 through 2019 to owners or operators of water systems for the purpose of increasing the resiliency or adaptability of the water systems to any ongoing or forecasted changes (based on the best available research and data) to the hydrologic conditions of a region of the United States. (b) Use of Funds.--As a condition on receipt of a grant under this Act, an owner or operator of a water system shall agree to use the grant funds exclusively to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that meets the purpose described in subsection (a) by-- (1) conserving water or enhancing water use efficiency, including through the use of water metering and electronic sensing and control systems to measure the effectiveness of a water efficiency program; (2) modifying or relocating existing water system infrastructure made or projected to be significantly impaired by changing hydrologic conditions; (3) preserving or improving water quality, including through measures to manage, reduce, treat, or reuse municipal stormwater, wastewater, or drinking water; (4) investigating, designing, or constructing groundwater remediation, recycled water, or desalination facilities or systems to serve existing communities; (5) enhancing water management by increasing watershed preservation and protection, such as through the use of natural or engineered green infrastructure in the management, conveyance, or treatment of water, wastewater, or stormwater; (6) enhancing energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (7) supporting the adoption and use of advanced water treatment, water supply management (such as reservoir reoperation and water banking), or water demand management technologies, projects, or processes (such as water reuse and recycling, adaptive conservation pricing, and groundwater banking) that maintain or increase water supply or improve water quality; (8) modifying or replacing existing systems or constructing new systems for existing communities or land that is being used for agricultural production to improve water supply, reliability, storage, or conveyance in a manner that-- (A) promotes conservation or improves the efficiency of use of available water supplies; and (B) does not further exacerbate stresses on ecosystems or cause redirected impacts by degrading water quality or increasing net greenhouse gas emissions; (9) supporting practices and projects, such as improved irrigation systems, water banking and other forms of water transactions, groundwater recharge, stormwater capture, groundwater conjunctive use, and reuse or recycling of drainage water, to improve water quality or promote more efficient water use on land that is being used for agricultural production; (10) reducing flood damage, risk, and vulnerability by-- (A) restoring floodplains, wetland, and upland integral to flood management, protection, prevention, and response; (B) modifying levees, floodwalls, and other structures through setbacks, notches, gates, removal, or similar means to facilitate reconnection of rivers to floodplains, reduce flood stage height, and reduce damage to properties and populations; (C) providing for acquisition and easement of flood-prone land and properties in order to reduce damage to property and risk to populations; or (D) promoting land use planning that prevents future floodplain development; (11) conducting and completing studies or assessments to project how changing hydrologic conditions may impact the future operations and sustainability of water systems; or (12) developing and implementing measures to increase the resilience of water systems and regional and hydrological basins, including the Colorado River Basin, to rapid hydrologic change or a natural disaster (such as tsunami, earthquake, flood, or volcanic eruption). (c) Application.--To seek a grant under this Act, the owner or operator of a water system shall submit to the Administrator an application that-- (1) includes a proposal for the program, strategy, or infrastructure improvement to be planned, designed, constructed, implemented, or maintained by the water system; (2) provides the best available research or data that demonstrate-- (A) the risk to the water resources or infrastructure of the water system as a result of ongoing or forecasted changes to the hydrologic system of a region, including rising sea levels and changes in precipitation patterns; and (B) the manner in which the proposed program, strategy, or infrastructure improvement would perform under the anticipated hydrologic conditions; (3) describes the manner in which the proposed program, strategy, or infrastructure improvement is expected-- (A) to enhance the resiliency of the water system, including source water protection for community water systems, to the anticipated hydrologic conditions; or (B) to increase efficiency in the use of energy or water of the water system; and (4) describes the manner in which the proposed program, strategy, or infrastructure improvement is consistent with an applicable State, tribal, or local climate adaptation plan, if any. (d) Priority.-- (1) Water systems at greatest and most immediate risk.--In selecting grantees under this Act, subject to section 4(b), the Administrator shall give priority to owners or operators of water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant negative impacts due to changing hydrologic conditions. (2) Goals.--In selecting among applicants described in paragraph (1), the Administrator shall ensure that, to the maximum extent practicable, the final list of applications funded for each year includes a substantial number that propose to use innovative approaches to meet 1 or more of the following goals: (A) Promoting more efficient water use, water conservation, water reuse, or recycling. (B) Using decentralized, low-impact development technologies and nonstructural approaches, including practices that use, enhance, or mimic the natural hydrological cycle or protect natural flows. (C) Reducing stormwater runoff or flooding by protecting or enhancing natural ecosystem functions. (D) Modifying, upgrading, enhancing, or replacing existing water system infrastructure in response to changing hydrologic conditions. (E) Improving water quality or quantity for agricultural and municipal uses, including through salinity reduction. (F) Providing multiple benefits, including to water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement. (e) Cost-Sharing Requirement.-- (1) Federal share.--The share of the cost of any program, strategy, or infrastructure improvement that is the subject of a grant awarded by the Administrator to the owner or operator of a water system under subsection (a) paid through funds distributed under this Act shall not exceed 50 percent of the cost of the program, strategy, or infrastructure improvement. (2) Calculation of non-federal share.--In calculating the non-Federal share of the cost of a program, strategy, or infrastructure improvement proposed by a water system in an application submitted under subsection (c), the Administrator shall-- (A) include the value of any in-kind services that are integral to the completion of the program, strategy, or infrastructure improvement, including reasonable administrative and overhead costs; and (B) not include any other amount that the water system involved receives from the Federal Government. (f) Davis-Bacon Compliance.-- (1) In general.--All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (2) Authority.--With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (g) Report to Congress.--Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Administrator shall submit to Congress a report that-- (1) describes the progress in implementing this Act; and (2) includes information on project applications received and funded annually under this Act. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $50,000,000 for each of fiscal years 2015 through 2019. (b) Reduction of Flood Damage, Risk, and Vulnerability.--Of the amount made available to carry out this Act for a fiscal year, not more than 20 percent may be made available to grantees for activities described in subsection (b)(10).

Water Infrastructure Resiliency and Sustainability Act of 2015 This bill requires the Environmental Protection Agency (EPA) to establish the Water Infrastructure Resiliency and Sustainability Program to provide grants in each of FY2015-FY2019 for programs or projects to increase the resiliency or adaptability of water systems to any ongoing or forecasted changes to the hydrologic conditions of a U.S. region. A water system is a community water system, a treatment works, a decentralized wastewater treatment system for domestic sewage, a groundwater storage and replenishment system, a system for transport and delivery of water for irrigation or conservation, or a natural or engineered system that manages floodwater. The EPA must give priority to owners or operators of water systems that are at the greatest and most immediate risk of facing significant negative impacts due to changing hydrologic conditions. The EPA must ensure, to the maximum extent practicable, that the list of grant applications funded includes a substantial number that propose to use innovative approaches that meet at least one of these goals: promote more efficient water use, conservation, reuse, or recycling; use decentralized, low-impact development technologies and nonstructural approaches; reduce stormwater runoff or flooding by protecting or enhancing natural ecosystem functions; modify, upgrade, enhance, or replace existing water system infrastructure in response to changing hydrologic conditions; improve water quality or quantity for agricultural and municipal uses; and provide multiple benefits, including water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury Health Advisory Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Mercury is a persistent, bioaccumulative heavy metal that poses a significant risk to human health, wildlife, and the environment. (2) Mercury discharges into the atmosphere and surface oceans have increased two-to-five fold since the beginning of the industrialized period due to human activities. (3) Substantial evidence is accumulating that exposure to methyl-mercury is widespread in the general public and occurring at higher than health-based levels of concern according to the Food and Drug Administration, the Environmental Protection Agency, and the World Health Organization. Fish and seafood caught or sold in the United States are contaminated with methyl-mercury, a toxic element that may cause neurological damage and other health-related problems as a result of fish or seafood consumption. (4) According to the 1997 Environmental Protection Agency Mercury Report to Congress, mercury levels in the following fish, at least occasionally, exceeded the Food and Drug Administration's ``action level'' limit of 1 part per million: tilefish, king mackerel, shark, swordfish, tuna, lobster, red snapper, saltwater and freshwater bass, bluefish, bluegills, catfish, crappie, groupers, hake, halibut, northern pike, walleye, largemouth bass, pompano, snook, sunfish, and other finfish. (5) The Food and Drug Administration advises pregnant women and women of childbearing age not to eat shark, king mackerel, tilefish, and swordfish and to limit consumption of all other fish to 12 ounces per week. The Food and Drug Administration advises other persons to limit their consumption of shark and swordfish to no more than 7 ounces per week. (6) The Environmental Protection Agency recommends that women who are pregnant or who may become pregnant, nursing mothers, and young children limit fish consumption to 6 meals per week of cooked fish or an 8-ounce meal per week for uncooked fish for adults and 2 meals per week of cooked fish or a 3-ounce meal per week of uncooked fish for young children. (7) In 2003, 44 States issued health advisories that warned the public about consuming mercury-tainted fish, as compared to 27 States that issued such advisories in 1993. (8) Eleven States warn pregnant women and young children to limit consumption of canned tuna, the most consumed fish in the United States, to 1 or 2 cans per week and some States warn that the ``white'' albacore canned tuna has significantly higher mercury levels than the ``light'' tuna, based upon Food and Drug Administration testing. (9) Data from the National Health and Nutrition Examination Survey Centers indicates that 7.8 percent of women of childbearing age have blood mercury levels in their bodies above what is considered safe for the developing fetus, translating into over 300,000 babies born each year in the United States at risk of mercury poisoning. (10) Between 30 percent and 50 percent of women of childbearing age are not aware of the methyl-mercury exposure risks from ingestion of mercury-contaminated fish, according to the Food and Drug Administration. (11) A January 2001 report by the United States General Accounting Office (GAO) criticized the Food and Drug Administration for not providing guidance to the fishing industry to identify and prevent fish contaminated with mercury from reaching consumers, even though the Agency's own testing found that, for example, over half of the swordfish exceeded its action level of one part per million (ppm). (12) Evidence is continuing to emerge linking increased risk of coronary heart disease to mercury exposure, as presented in at least 2 peer reviewed studies. (13) Health advisory information on mercury-contaminated fish, which is necessary to protect public health, is not widely known by the State or Federal Government. This lack of awareness potentially threatens tens of millions of Americans who may unknowingly ingest harmful amounts of mercury because they are not aware of exposure risks from consumption of freshwater fish and seafood. (b) Purposes.--The purposes of this Act are to-- (1) ensure that the public is adequately informed about the potential adverse effects of mercury exposure through the consumption of fish products; (2) require the Secretary of Health and Human Services to work cooperatively with other Federal and State agencies, as well as nonprofit organizations, to create appropriate advisories for the distribution to the public of explanations of the potential adverse effects of mercury exposure from fish consumption; (3) require the Administrator of the Environmental Protection Agency to work cooperatively with State fish and game officials to create an informative guide for distribution to the public about the dangers of the consumption of recreationally-caught fish; (4) require the Food and Drug Administration to resume its seafood methyl-mercury monitoring program to better document mercury levels in various fish species sold in commerce; (5) require the Secretary of Health and Human Services, in cooperation with private and public organizations, to design and implement a National Public Education Program regarding the presence of methyl-mercury in seafood and fish consumption advisories for methyl-mercury; and (6) require the Administrator of the Environmental Protection Agency to annually prepare a report on the impacts of mercury on human health and the environment. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of Food and Drugs. (3) Health professional.--The term ``health professional'' means any licensed professional in the dental and medical profession. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. ADVISORY NOTICES. (a) Consumer Mercury Advisory Notice.-- (1) In general.--The Administrator and the Commissioner shall jointly develop fish consumption advisories for methyl- mercury in fish. Such advisories shall be based on the Environmental Protection Agency's Reference Dose for-- (A) the general population; (B) sensitive populations; and (C) populations consuming above average amounts of fish. (2) Consumer's notice.--The Secretary, in consultation with the Administrator and the heads of State environmental agencies and health departments, shall prepare a consumer's mercury advisory notice. Such notice shall be distributed widely by the Secretary, at no cost, to health professionals, particularly medical offices that provide gynecological, obstetrical, or pediatric care, and to the extent practicable shall be made available and posted in the patient or client areas of all maternal and child health and nutrition program offices, and shall be made available to health care providers, Federal, State, and local government agencies, and the general public upon request. (3) Criteria.--The advisories developed under this subsection shall-- (A) explain, in an easily understandable manner, the dangers of mercury exposure through the consumption of mercury contaminated fish to women of childbearing age, women who expect to become pregnant, women who are pregnant or breast feeding their children, and young children and their parents; (B) describe, in an easily understandable manner, in detail the most current mercury health advisories prepared by the Federal Government concerning fish consumption, contain the toll free number established under paragraph (4), and contain such other information as the Secretary determines appropriate; and (C) be printed in large type in English, Spanish, and other languages determined by the Secretary to be culturally and linguistically appropriate. (4) Toll-free telephone number.--The Secretary shall establish a toll-free telephone number to enable individuals to obtain additional information about the health advisories developed under this subsection concerning exposure to mercury from consumption of fish and seafood, as well as exposure from other sources. (5) Updating of information.--The information provided under this subsection shall be updated periodically as determined necessary by the Secretary. (b) Mercury Warning Consumer's Guide.-- (1) In general.--The Administrator, in consultation with the Secretary, shall prepare a consumer's guide to mercury and health advisory for the consumption of recreationally-caught fish. Such guide shall be distributed, at no cost, to-- (A) State departments of fisheries, wildlife, and environmental law enforcement; (B) all applicants for a fishing license at the time the license is issued; and (C) to public upon request. (2) Criteria.--The guide developed under paragraph (1) shall-- (A) be printed in large type in English, Spanish, and other languages determined by the Secretary to be culturally and linguistically appropriate; (B) contain the toll free telephone number established by the Environmental Protection Agency that residents may call for further information about the health advisories contained in the guide. (3) Updating of information.--The guide developed under paragraph (1) shall be updated periodically as determined necessary by the Secretary. (c) Consumption Advisory.-- (1) In general.--The Secretary, in consultation with the Secretary of Agriculture and the Administrator, shall work with the States and other appropriate entities to-- (A) develop and distribute regional and national advisories concerning the presence of methyl-mercury in seafood; (B) develop standardized formats for written and broadcast advisories regarding methyl-mercury in seafood; (C) develop and periodically upgrade information related to mercury fish tissue test results and fish consumption advisories for methyl-mercury; (D) coordinate State and local advisories in the formation of the National Public Education Program under subsection (d)(1); and (E) coordinate with that sector of the retail food industry that is engaged in the sale of any fresh, packaged, or frozen fish or seafood products intended for human consumption, concerning the posting of such advisories in their place of business where fish are sold to inform women of childbearing age, pregnant, and nursing women and the parents of young children on the potential dangers of mercury that is present in certain fish or seafood. (2) Criteria.--The advisories and notices developed under paragraph (1) shall include information both on limiting the consumption of certain high level fish and seafood to the general population and, for sensitive populations such as women of childbearing age and children, stress the importance of limiting consumption of frequently consumed fish that may exceed the Environmental Protection Agency's Reference Dose. (3) Consumption advisory.-- (A) In general.--Based on information compiled by the Environmental Protection Agency, the National Marine Fisheries Services, and the Food and Drug Administration, shall work with State health, fish and wildlife, and environmental agencies to develop and periodically update a consumption advisory for any fresh, packaged, or frozen fish or seafood products intended for human consumption for posting by retail food establishments and restaurants pursuant to this Act. The advisory shall provide information about the potential dangers from the ingestion of mercury from the consumption of fish and seafood by women of childbearing age, pregnant women, and young children and other at-risk groups as determined by the Department, including populations consuming above- average quantities of fish and seafood. (B) Distribution.--The Secretary shall make copies of the advisory developed under subparagraph (A) available to State boards of health or other State and local governmental entities that have the same authority as a State board of health for distribution to the public and to local retail food establishments and restaurants. (4) Requirements.--The advisories and notices developed under this subsection shall be printed in large type in English, Spanish, and other languages determined by the Secretary to be culturally and linguistically appropriate. (d) Public Education and Advisory System.-- (1) Public education.--The Secretary, in consultation with public and nonprofit private entities (including cooperative extension services and appropriate State entities), shall design and implement a national public education program regarding the presence of methyl-mercury in seafood. (2) Features.--The program developed under paragraph (1) shall provide-- (A) information to the public regarding-- (i) Federal standards and good practice requirements relating to methyl-mercury in seafood; and (ii) the promotion of public awareness, understanding, and acceptance of such standards and requirements; (B) information to health professionals so that health professionals may improve the diagnosis and treatment of mercury-related illness and advise individuals whose health conditions place those individuals at particular risk; and (C) such other information or advice to consumers and other individuals as the Secretary determines will promote the purposes of this section. (e) Sampling and Monitoring.-- (1) In general.--The Commissioner shall resume the seafood methyl-mercury monitoring sampling program of the Food and Drug Administration to assist in documenting mercury levels in various fish species. (2) Monitoring.--The sampling program described in paragraph (1) shall be conducted so as to provide statistically valid monitoring data with respect to mercury levels in fish and seafood (including market-basket studies) including documenting the extent to which fish with mercury levels in excess of the action level are sold in commerce. Such information, along with information gathered by the Environmental Protection Agency, shall be compiled into an annual report by the Commissioner to track changes in dietary exposure to mercury from fish and seafood. (3) Avoidance of duplication of effort.--To the extent practicable, the sampling program described in paragraph (1) shall be consistent with, and shall be coordinated with, other seafood sampling programs that are in use, so as to avoid duplication of effort. SEC. 5. HAACP ASSESSMENT. Not later than 1 year after the date of enactment of this Act, the Secretary shall finalize the Hazard Analysis and Critical Control Point assessment to determine whether or not methyl-mercury exposure through fish consumption is a public health hazard. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Public Education and Advisory System.--There is authorized to be appropriated to develop and implement the public education and advisory system under section 3(d), $500,000 for each fiscal year. (b) Sampling.--There is authorized to be appropriated to carry out sampling under section 3(e), $1,000,000 for each fiscal year. (c) State Support.-- (1) In general.--There is authorized to be appropriated to support the efforts of States to sample noncommercial fish and inland waterways for mercury and to produce State-specific health advisories related to mercury, $2,000,000 for each fiscal year. (2) Equitable distribution.--The Administrator shall distribute amounts made available under paragraph (1) equitably among the States through programs in existence on the date of enactment of this Act.

Mercury Health Advisory Act of 2003 - Requires the Administrator of the Environmental Protection Agency and the Commissioner of Food and Drugs jointly to develop fish consumption advisories for methyl-mercury in fish. Directs the Secretary of Health and Human Services to: (1) prepare and distribute to health professionals (and others upon request) a consumer's mercury advisory notice regarding the health risks of fish consumption; and (2) establish a toll-free number for individuals who desire additional information. Requires the Administrator to prepare and distribute to specified State entities and applicants for fishing licenses (and others upon request) a consumer's guide to mercury, including a health advisory for the consumption of recreationally-caught fish. Requires the Secretary to work with States and other entities to: (1) develop and distribute standardized advisories, including consumption advisories and health warnings, regarding the presence of methyl-mercury in seafood; and (2) design and implement a related national public education program. Directs the Commissioner to resume the Food and Drug Administration's seafood methyl-mercury monitoring sampling program. Requires the Secretary, within one year of enactment of this Act, to finalize the Hazard Analysis and Critical Control Point assessment to determine whether methyl-mercury exposure through fish consumption is a public health hazard.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart Water Management Conservation and Efficiency Act of 2014''. SEC. 2. SMART WATER MANAGEMENT PILOT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a utility; (B) a municipality; (C) a water district; and (D) any other authority that provides drinking water, wastewater treatment, or water reuse services. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Smart water management pilot program.--The term ``smart water management pilot program'' or ``pilot program'' means the pilot program established under subsection (b). (b) Smart Water Management Pilot Program.-- (1) In general.--The Secretary shall establish and carry out a smart water management pilot program in accordance with this section. (2) Purpose.--The purpose of the smart water management pilot program is to award grants to eligible entities to demonstrate and deploy novel and innovative technology-based solutions that will-- (A) increase the energy and water efficiency of drinking water, wastewater treatment, and water reuse systems; (B) improve drinking water, water reuse, and wastewater treatment systems to help communities across the United States make significant progress in conserving water, saving energy, and reducing costs; and (C) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. (3) Project selection.-- (A) In general.--The Secretary shall make competitive, merit-reviewed grants under the pilot program to not less than 3, but not more than 5, eligible entities. (B) Selection criteria.--In selecting an eligible entity to receive a grant under the pilot program, the Secretary shall consider-- (i) energy and cost savings; (ii) the novelty of the technology to be used; (iii) the degree to which the project integrates next-generation sensors, software, analytics, and management tools; (iv) the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; (v) whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale; and (vi) whether the project will be completed in 5 years or less. (C) Applications.-- (i) In general.--Subject to clause (ii), an eligible entity seeking a grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary. (ii) Contents.--An application under clause (i) shall, at a minimum, include-- (I) a description of the project; (II) a description of the technology to be used in the project; (III) the anticipated results, including energy and water savings, of the project; (IV) a comprehensive budget for the project; (V) the names of the project lead organization and any partners; (VI) the number of users to be served by the project; and (VII) any other information that the Secretary determines to be necessary to complete the review and selection of a grant recipient. (4) Administration.-- (A) In general.--Not later than 300 days after the date of enactment of this Act, the Secretary shall select grant recipients under this section. (B) Evaluations.--The Secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that-- (i) evaluates the progress and impact of the project; and (ii) assesses the degree to which the project is meeting the goals of the pilot program. (C) Technical assistance.--On the request of a grant recipient, the Secretary shall provide technical assistance. (D) Best practices.--The Secretary shall make available to the public-- (i) a copy of each evaluation carried out under subparagraph (B); and (ii) a description of any best practices identified by the Secretary as a result of those evaluations. (E) Report to congress.--The Secretary shall submit to Congress a report containing the results of each evaluation carried out under subparagraph (B). (c) Funding.-- (1) In general.--The Secretary shall use not less than $7,500,000 of amounts made available to the Secretary to carry out this section. (2) Prioritization.--In funding activities under this section, the Secretary shall prioritize funding in the following manner: (A) Any unobligated amounts made available to the Secretary to carry out the activities of the Energy Efficiency and Renewable Energy Office. (B) Any unobligated amounts (other than those described in subparagraph (A)) made available to the Secretary.

Smart Water Management Conservation and Efficiency Act of 2014 - Directs the Secretary of Energy (DOE) to establish and carry out a smart water management pilot program to award grants to three to five eligible entities (authorities that provide drinking water, wastewater treatment, or water reuse services) to demonstrate and deploy novel and innovative technology-based solutions that will: (1) increase the energy and water efficiency of drinking water, wastewater treatment, and water reuse systems; (2) improve such systems to help communities make significant progress in conserving water, saving energy, and reducing costs; and (3) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. Directs the Secretary, in selecting grant recipient, to consider: energy and cost savings; the novelty of the technology to be used; the degree to which the project integrates next-generation sensors, software, analytics, and management tools; the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale; and whether the project will be completed in five years or less. Requires the Secretary to evaluate, annually, each project for which a grant is provided and make best practices identified available to the public.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Health Care Policy Enhancement Act of 2008''. SEC. 2. PROHIBITION ON COLLECTION OF CERTAIN COPAYMENTS FROM VETERANS WHO ARE CATASTROPHICALLY DISABLED. (a) Prohibition on Collection of Copayments and Other Fees for Hospital or Nursing Home Care.--Section 1710 of title 38, United States Code, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): ``(h) Notwithstanding any other provision of this section, a veteran who is catastrophically disabled shall not be required to make any payment otherwise required under subsection (f) or (g) for the receipt of hospital care or nursing home care under this section.''. (b) Effective Date.--Subsection (h) of section 1710 of title 38, United States Code, as added by subsection (a), shall apply with respect to hospital care or nursing home care provided after the date of the enactment of this Act. SEC. 3. EXPANSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO PROVIDE COUNSELING FOR FAMILY MEMBERS OF VETERANS RECEIVING NONSERVICE-CONNECTED TREATMENT. Section 1782(b) of title 38, United States Code, is amended by striking ``if--'' and all that follows and inserting a period. SEC. 4. COMPREHENSIVE POLICY ON PAIN MANAGEMENT. (a) Comprehensive Policy Required.--Not later than October 1, 2008, the Secretary of Veterans Affairs shall develop and implement a comprehensive policy on the management of pain experienced by veterans enrolled for health care services provided by the Department of Veterans Affairs. (b) Scope of Policy.--The policy required by subsection (a) shall cover each of the following: (1) The systemwide management of acute and chronic pain experienced by veterans. (2) The standard of care for pain management to be used throughout the Department. (3) The consistent application of pain assessments to be used throughout the Department. (4) The assurance of prompt and appropriate pain care treatment and management by the Department, systemwide, when medically necessary. (5) The Department's program of research related to acute and chronic pain suffered by veterans, including pain attributable to central and peripheral nervous system damage characteristic of injuries incurred in modern warfare. (6) The Department's program of pain care education and training for health care personnel of the Department. (7) The Department's program of patient education for veterans suffering from acute or chronic pain and their families. (c) Updates.--The Secretary shall revise the policy developed under subsection (a) on a periodic basis in accordance with experience and evolving best practice guidelines. (d) Consultation.--The Secretary shall develop the policy developed under subsection (a), and revise such policy under subsection (c), in consultation with veterans service organizations and organizations with expertise in the assessment, diagnosis, treatment, and management of pain. (e) Annual Report.-- (1) In general.--Not later than 180 days after the date of the completion and initial implementation of the policy under subsection (a) and on October 1 of every fiscal year thereafter through fiscal year 2018, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the implementation of the policy developed under subsection (a). (2) Contents.--The report required by paragraph (1) shall include the following: (A) A description of the policy developed and implemented under subsection (a) and any revisions to such policy under subsection (c). (B) A description of the performance measures used to determine the effectiveness of such policy in improving pain care for veterans systemwide. (C) An assessment of the adequacy of the Department's pain management services based on a survey of patients managed in Department clinics. (D) An assessment of the Department's research programs relevant to the treatment of the types of acute and chronic pain suffered by veterans. (E) An assessment of the training provided to Department health care personnel with respect to the diagnosis, treatment, and management of acute and chronic pain. (F) An assessment of the Department's pain care- related patient education programs. (f) Veterans Service Organization Defined.--In this section, the term ``veterans service organization'' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. SEC. 5. ESTABLISHMENT OF CONSOLIDATED PATIENT ACCOUNTING CENTERS. (a) Establishment of Centers.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1729A the following: ``Sec. 1729B. Consolidated patient accounting centers ``(a) In General.--Not later than 5 years after the date of enactment of this section, the Secretary of Veterans Affairs shall establish not more than seven consolidated patient accounting centers for conducting industry-modeled regionalized billing and collection activities of the Department. ``(b) Functions.--The centers shall carry out the following functions: ``(1) Reengineer and integrate all business processes of the revenue cycle of the Department. ``(2) Standardize and coordinate all activities of the Department related to the revenue cycle for all health care services furnished to veterans for nonservice-connected medical conditions. ``(3) Apply commercial industry standards for measures of access, timeliness, and performance metrics with respect to revenue enhancement of the Department. ``(4) Apply other requirements with respect to such revenue cycle improvement as the Secretary may specify.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1729A the following: ``1729B. Consolidated patient accounting centers.''. SEC. 6. SIMPLIFYING AND UPDATING NATIONAL STANDARDS TO ENCOURAGE TESTING OF THE HUMAN IMMUNODEFICIENCY VIRUS. Section 124 of the Veterans' Benefits and Services Act of 1988 (38 U.S.C. 7333 note; 102 Stat. 505) and the item relating to such section in the table of contents of such Act (102 Stat. 487) are repealed. Passed the House of Representatives July 30, 2008. Attest: LORRAINE C. MILLER, Clerk.

Veterans' Health Care Policy Enhancement Act of 2008 - (Sec. 2) Prohibits the collection by the Department of Veterans Affairs (VA) of copayments or other fees for hospital or nursing home care in the case of catastrophically disabled veterans. (Sec. 3) Repeals a current requirement that, in order for a family member of a non-service-connected disabled veteran to be eligible for counseling services, the counseling must be essential to permit the discharge of the veteran from the hospital. (Sec. 4) Directs the Secretary of Veterans Affairs to: (1) develop and implement a comprehensive policy on the management of pain experienced by veterans enrolled for VA health care services; (2) periodically revise the policy; and (3) report annually through FY2018 to the congressional veterans' committees on policy implementation. (Sec. 5) Requires the Secretary, within five years after the enactment of this Act, to establish up to seven consolidated patient accounting centers for conducting industry-modeled regionalized VA billing and collection activities. (Sec. 6) Repeals a provision of the Veterans' Benefits and Services Act of 1988 requiring written informed consent for HIV testing among veterans.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act''. SEC. 2. AGREEMENTS. (a) In General.--Subchapter I of chapter 17 of title 38, United States Code, is amended by inserting after section 1703 the following new section: ``Sec. 1703A. Veterans Care Agreements with certain health care providers ``(a) Veterans Care Agreements.--(1) In addition to furnishing hospital care, medical services, or extended care under this chapter at facilities of the Department or under contracts or sharing agreements entered into pursuant to provisions of law other than this section, the Secretary may furnish such care and services to eligible veterans through the use of agreements entered into under this section by the Secretary with eligible providers. ``(2) The Secretary may enter into Veterans Care Agreements under this section with eligible providers to furnish hospital care, medical services, and extended care to veterans whom the Secretary determines that furnishing such care and services at facilities of the Department or under contracts or sharing agreements under provisions of law other than this section is impracticable or inadvisable because of the medical condition of the veteran, the travel involved, or the nature of the care or services required, or a combination of such factors. ``(b) Veteran Eligibility.--Eligibility of a veteran for care and services under this section shall be determined as if such care or services were furnished in a facility of the Department, and provisions of this title applicable to veterans receiving such care and services in a facility of the Department shall apply to veterans receiving care and services under this section. ``(c) Provider Eligibility.--Subject to the certification process pursuant to subsection (d)(1), a provider of hospital care, medical services, or extended care is eligible to enter into a Veterans Care Agreement under this section if the Secretary determines that the provider meets each of the following criteria: ``(1) The gross annual revenue of the provider in the year preceding the year in which the provider enters into the Veterans Care Agreement does not exceed $11,000,000 (as adjusted in a manner similar to amounts adjusted pursuant to section 5312 of this title). ``(2) The provider does not otherwise provide such care or services to patients pursuant to a contract entered into with a department or agency of the Federal Government. ``(3) The provider is-- ``(A) a provider of services that has enrolled and entered into a provider agreement under section 1866(a) of the Social Security Act (42 U.S.C. 1395cc(a)); ``(B) a physician or supplier that has enrolled and entered into a participation agreement under section 1842(h) of such Act (42 U.S.C. 1395u(h)); ``(C) a provider of items and services receiving payment under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or a waiver of such a plan; ``(D) an Aging and Disability Resource Center, an area agency on aging, or a State agency (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)); or ``(E) a center for independent living (as defined in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)). ``(4) Any additional criteria determined appropriate by the Secretary. ``(d) Provider Certification.--(1) The Secretary shall establish a process for the certification of eligible providers to enter into Veterans Care Agreements under this section that shall, at a minimum, set forth the following: ``(A) Procedures for the submission of applications for certification and deadlines for actions taken by the Secretary with respect to such applications. ``(B) Standards and procedures for the approval and denial of certifications and the revocation of certifications. ``(C) Procedures for assessing eligible providers based on the risk of fraud, waste, and abuse of such providers similar to the level of screening under section 1866(j)(2)(B) of the Social Security Act (42 U.S.C. 1395(j)(2)(B)) and the standards set forth under section 9.104 of title 48, Code of Federal Regulations, or any successor regulation. ``(D) Requirement for denial or revocation of certification if the Secretary determines that the otherwise eligible provider is-- ``(i) excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))) under section 1128 or 1128A of the Social Security Act (42 U.S.C. 1320a-7 and 1320a-7a); or ``(ii) identified as an excluded source on the list maintained in the System for Award Management, or any successor system. ``(E) Procedures by which a provider whose certification is denied or revoked under the procedures established under this subsection will be identified as an excluded source on the list maintained in the System for Award Management, or successor system, if the Secretary determines that such exclusion is appropriate. ``(2) To the extent practicable, the Secretary shall establish the procedures under paragraph (1) in a manner that takes into account any certification process administered by another department or agency of the Federal Government that an eligible provider has completed by reason of being a provider described in any of subparagraphs (A) through (E) of subsection (c)(3). ``(e) Terms of Agreements.--The Secretary shall ensure that each Veterans Care Agreement include provisions requiring the eligible provider to do the following: ``(1) To accept payment for care and services furnished under this section at rates established by the Secretary for purposes of this section, which shall be, to the extent practicable-- ``(A) the rates paid by the United States for such care to providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); ``(B) the rates paid by the United States pursuant to the Alaska Fee Schedule of the Department of Veterans Affairs; ``(C) the rates paid by the United States pursuant to an All-Payer Model Agreement under the Social Security Act; or ``(D) the rates paid by the United States in a highly rural area pursuant to section 101(d)(2)(B)(ii)(I) of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note). ``(2) To accept payment under paragraph (1) as payment in full for care and services furnished under this section and to not seek any payment for such care and services from the recipient of such care. ``(3) To furnish under this section only the care and services authorized by the Department under this section unless the eligible provider receives prior written consent from the Department to furnish care and services outside the scope of such authorization. ``(4) To bill the Department for care and services furnished under this section in accordance with a methodology established by the Secretary for purposes of this section. ``(5) Not to seek to recover or collect from a health-plan contract or third party (as those terms are defined in section 1729 of this title) for any care or services for which payment is made by the Department under this section. ``(6) To provide medical records for veterans furnished care and services under this section to the Department in a timeframe and format specified by the Secretary for purposes of this section, except the Secretary may not require that any payment by the Secretary to the eligible provider be contingent on such provision of medical records. ``(7) To meet other such terms and conditions, including quality of care assurance standards, as the Secretary may specify for purposes of this section. ``(f) Exclusion of Certain Federal Contracting Provisions.--(1) Notwithstanding any other provision of law, the Secretary may enter into a Veterans Care Agreement using procedures other than competitive procedures. ``(2)(A) Except as provided in subparagraph (B) and unless otherwise provided in this section, an eligible provider that enters into a Veterans Care Agreement under this section is not subject to, in the carrying out of the agreement, any provision of law that providers of services and suppliers under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.) are not subject to. ``(B) In addition to the provisions of laws covered by subparagraph (A), an eligible provider shall be subject to the following provisions of law: ``(i) Any applicable law regarding integrity, ethics, or fraud, or that subject a person to civil or criminal penalties. ``(ii) Section 431 of title 18. ``(iii) Section 1352 of title 31, except for the filing requirements under subsection (b) of such section. ``(iv) Section 4705 or 4712 of title 41, and any other applicable law regarding the protection of whistleblowers. ``(v) Section 4706(d) of title 41. ``(vi) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) to the same extent as such title applies with respect to the eligible provider in providing care or services through an agreement or arrangement other than under a Veterans Care Agreement. ``(C) An eligible provider that receives a payment from the Federal Government pursuant to a Veterans Care Agreement shall not be treated as a Federal contractor or subcontractor by the Office of Federal Contract Compliance Programs of the Department of Labor based on the work performed or actions taken by such eligible provider that resulted in the receipt of such payments. ``(g) Termination of Veterans Care Agreement.--(1) An eligible provider may terminate a Veterans Care Agreement with the Secretary under this section at such time and upon such notice to the Secretary as the Secretary may specify for purposes of this section. ``(2) The Secretary may terminate a Veterans Care Agreement with an eligible provider under this section at such time and upon such notice to the eligible provider as the Secretary may specify for the purposes of this section, if the Secretary-- ``(A) determines that the eligible provider failed to comply with the provisions of the agreement or this section or other applicable provision of law; ``(B) makes a revocation pursuant to subsection (d)(1)(4); ``(C) ascertains that the eligible provider has been convicted of a felony or other serious offense under Federal or State law and determines that the continued participation of the eligible provider would be detrimental to the best interests of veterans of the Department; or ``(D) determines that it is reasonable to terminate the agreement based on the health care needs of veterans. ``(h) Duration; Mandatory Reviews.--(1) Each Veterans Care Agreement entered into under this section shall be for a two-year period unless the Secretary extends the agreement pursuant to paragraph (2)(B). ``(2)(A) During the 180-day period beginning 540 days after the date on which a Veterans Care Agreement is entered into or renewed, the Secretary shall review the agreement to determine whether it is feasible and advisable to instead furnish the hospital care, medical services, or extended care furnished under the agreement at facilities of the Department or through contracts or sharing agreements entered into under authorities other than this section. ``(B) If the Secretary determines under subparagraph (A) that it is not feasible and advisable to instead furnish hospital care, medical services, or extended care furnished under a Veterans Care Agreement at facilities of the Department or through contracts or sharing agreements entered into under authorities other than this section, the Secretary-- ``(i) shall prepare a written memorandum of such determination; and ``(ii) may renew such agreement. ``(i) Disputes.--(1) The Secretary shall establish administrative procedures for eligible providers with which the Secretary has entered into a Veterans Care Agreement to present any dispute arising under or related to the agreement. ``(2) Before using any dispute resolution mechanism under chapter 71 of title 41 with respect to a dispute arising under a Veterans Care Agreement under this section, an eligible provider must first exhaust the administrative procedures established by the Secretary under paragraph (1). ``(j) Annual Reports.--Not later than October 1 of the year following the fiscal year in which the Secretary first enters into a Veterans Care Agreement, and each year thereafter, the Secretary shall submit to the appropriate congressional committees an annual report that includes-- ``(1) a list of all Veterans Care Agreements entered into as of the date of the report; and ``(2) summaries of each determination made by the Secretary under subsection (h)(2) during the fiscal year covered by the report. ``(k) Quality of Care.--In carrying out this section, the Secretary shall use the quality of care standards set forth or used by the Centers for Medicare & Medicaid Services. ``(l) Delegation.--The Secretary may delegate the authority to enter into or terminate a Veterans Care Agreement, or to make a determination described in subsection (h)(2), at a level not below the Assistant Deputy Under Secretary for Health for Community Care. ``(m) Sunset.--The Secretary may not enter into or renew a Veterans Care Agreement under this section after the date that is five years after the enactment of this Act. ``(n) Definitions.--In this section: ``(1) The term `appropriate congressional committees' means-- ``(A) the Committees on Veterans' Affairs of the House of Representatives and the Senate; and ``(B) the Committees on Appropriations of the House of Representatives and the Senate. ``(2) The term `eligible provider' means a provider of hospital care, medical services, or extended care that the Secretary determines is eligible to enter into Veterans Care Agreements under subsection (c). ``(3) The term `Veterans Care Agreement' means an agreement entered into by the Secretary with an eligible provider under subsection (a)(1).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item related to section 1703 the following new item: ``1703A. Veterans Care Agreements with certain health care providers.''. (c) Regulations.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe interim final regulations to implement section 1703A of title 38, United States Code, as added by subsection (a), and publish such regulations in the Federal Register.

Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act This bill authorizes the Department of Veterans Affairs (VA), in addition to furnishing hospital care, medical services, or extended care at VA facilities or under contracts or sharing agreements, to furnish such care and services to eligible veterans through the use of Veterans Care Agreements with eligible providers. An eligible provider is: a provider whose income in the year preceding the year of entering into an agreement did not exceed $11 million; a provider who does not otherwise provide such care or services pursuant to a federal contract; and a physician or provider of Medicaid or Medicare services, an Aging and Disability Resource Center, an area agency on aging, or a center for independent living. The VA shall: (1) establish a certifying process for providers, (2) review agreements at least once every two years, and (3) use the quality of care standards set forth or used by the Centers for Medicare & Medicaid Services. The VA may enter into an agreement using non-competitive procedures.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrew Prior Act'' or ``Andrew's Law''. SEC. 2. DISCHARGE OF PRIVATE STUDENT LOANS. Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following: ``(12) Discharge of private educational loans in the event of the death of the borrower.-- ``(A) Definitions.--As used in this paragraph-- ``(i) the term `cosigner'-- ``(I) means any individual who is liable for the obligation of another without compensation, regardless of how designated in the contract or instrument relating to the obligation; ``(II) includes any person whose signature is requested as a condition to grant credit or to forbear on collection; and ``(III) does not include a spouse of an individual referred to in subclause (I) whose signature is needed to perfect the security interest in the loan; ``(ii) the term `private educational lender' has the same meaning as in section 140; ``(iii) the term `private education loan' has the same meaning as in section 140; and ``(iv) the term `totally and permanently disabled' means-- ``(I) with respect to a person other than a veteran, that the person is unable to engage in any substantial gainful activity because of a medically determinable physical or mental impairment that-- ``(aa) can be expected to result in death; ``(bb) has lasted for a continuous period of not less than 60 months; or ``(cc) can be expected to last for a continuous period of not less than 60 months; and ``(II) in the case of a veteran (as that term is defined in section 101 of title 38, United States Code), a determination from the Secretary of Veterans Affairs that-- ``(aa) such person has a service-connected disability or service-connected disabilities that are 100 percent disabling; or ``(bb) such person is totally disabled, based on an Individual Unemployability determination by the Secretary of Veterans Affairs. ``(B) Private educational loans discharged.--In the event of the death of a borrower of a private educational loan, or if the borrower of a private educational loan is totally and permanently disabled, neither the estate of the borrower nor any cosigner of such private educational loan shall be obligated to repay the outstanding principal or interest on the loan. ``(C) Limitations.--The Bureau-- ``(i) shall develop such safeguards as may be necessary and appropriate to prevent fraud and abuse in the discharge of liability under this subsection; and ``(ii) notwithstanding any other provision of this subsection, may promulgate regulations to reinstate the obligation of loans discharged under this subsection in any case in which the Director determines necessary to protect the public interest.''. SEC. 3. REGULATIONS. The Director of the Bureau of Consumer Financial Protection may issue such regulations as may be necessary and appropriate to carry out this Act.

Andrew Prior Act or Andrew's Law - Amends the Truth in Lending Act to discharge the repayment obligations of the estate of a borrower and any cosigner of a private educational loan if the borrower dies or is totally and permanently disabled. Requires the Director of the Consumer Financial Protection Bureau (CFPB) to develop necessary and appropriate safeguards to prevent fraud and abuse in the discharge of those obligations. Authorizes the Director to promulgate regulations to reinstate those obligations in any case in which the Director determines that doing so is necessary to protect the public interest.

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.--For purposes of section 822(a)(2), the term `joint resolution' means only a joint resolution of the two Houses of Congress--- ``(1) the matter after the resolving clause of which is as follows: `That the Congress hereby concurs in the determination and report of the President relating to compliance by North Korea with certain international obligations transmitted pursuant to section 822(a)(1) of the North Korea Threat Reduction Act of 1999.'; ``(2) which does not have a preamble; and ``(3) the title of which is as follows: `Joint Resolution relating to compliance by North Korea with certain international obligations pursuant to the North Korea Threat Reduction Act of 1999.'. ``(b) Congressional Review Procedures.-- ``(1) Rulemaking.--The provisions of this section 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. ``(2) Introduction and referral.-- ``(A) Introduction.--A joint resolution described in subsection (a)-- ``(i) shall be introduced in the House of Representatives by the majority leader or minority leader or by a Member of the House of Representatives designated by the majority leader or minority leader; and ``(ii) shall be introduced in the Senate by the majority leader or minority leader or a Member of the Senate designated by the majority leader or minority leader. ``(B) Referral.--The joint resolution shall be referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. ``(3) Discharge of committees.--If a committee to which a joint resolution described in subsection (a) is referred has not reported such joint resolution by the end of 30 days 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) Floor consideration in the house of representatives.-- ``(A) In general.--On or after the third calendar day (excluding Saturdays, Sundays, or legal holidays, except when the House of Representatives is in session on such a day) after the date on which the committee to which a joint resolution described in subsection (a) is referred has reported, or has been discharged from further consideration of, such a joint resolution, it shall be in order for any Member of the House to move to proceed to the consideration of the joint resolution. A Member of the House may make the motion 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 until disposed of. ``(B) Debate.--Debate on a joint resolution described in subsection (a), 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.--Appeals from the decisions of the Chair to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. ``(5) Floor consideration in the senate.--Any joint resolution described in subsection (a) 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) Consideration by the other house.--If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), 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 subsection (a) 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) Computation of days.--In the computation of the period of 30 days referred to in paragraph (3), there shall be excluded the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain or because of an adjournment of the Congress sine die.''. SEC. 3. EXPANSION OF RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA. Section 822(a) of the North Korea Threat Reduction Act of 1999 is amended by striking ``such agreement,'' both places it appears and inserting in both places ``such agreement (or that are controlled under the Export Trigger List of the Nuclear Suppliers Group),''. SEC. 4. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF LIABILITY FOR NUCLEAR ACCIDENTS IN NORTH KOREA. The North Korea Threat Reduction Act of 1999 is amended-- (1) by redesignating section 824 (as redesignated by section 2(b)(1)) as section 825; and (2) by inserting after section 823 (as added by section 2(b)(2)) the following new section: ``SEC. 824. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF LIABILITY FOR NUCLEAR ACCIDENTS IN NORTH KOREA. ``(a) Prohibition.--In supporting the provision of nuclear reactors to North Korea pursuant to the Agreed Framework, neither the President nor any department, agency, or instrumentality of the United States Government may enter into any international agreement, contract, or other arrangement, the purpose or effect of which is to impose liability on the United States Government, or otherwise require financial indemnity by the United States Government, for nuclear accidents that may occur at nuclear reactors provided to North Korea pursuant to the Agreed Framework. ``(b) Construction.-- Except as provided in subsection (c), the prohibition of subsection (a) shall apply notwithstanding any other provision of law. ``(c) Exception.--Subsection (a) shall not apply to any treaty subject to approval by the Senate pursuant to article II, section 2, clause 2 of the Constitution of the United States.''.

Prohibits any such agreement, export license, or transfer of any such items unless Congress approves the President's report by enactment of a joint resolution. Subjects to the same prohibition and approval requirements any export license for, or transfer or retransfer to North Korea of, any nuclear material, facilities, goods, services, or technology controlled under the Export Trigger List of the Nuclear Suppliers Group. Declares that in supporting the provision of nuclear reactors to North Korea pursuant to the Agreed Framework, neither the President nor any U.S. agency may enter into any international agreement, contract, or other arrangement to impose liability on the U.S. Government for nuclear accidents that may occur at nuclear reactors provided to North Korea.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Barrier Resources Reauthorization Act of 1999''. SEC. 2. ADDITIONS TO COASTAL BARRIER RESOURCES SYSTEM. (a) Voluntary Additions.--Section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503) is amended by adding at the end the following: ``(d) Voluntary Additions to System.--The Secretary may add any parcel of real property to the System, if-- ``(1) the owner of the parcel requests that the Secretary add the parcel to the System; and ``(2) the parcel is a depositional geologic feature described in section 3(1)(A).''. (b) Technical Amendments Relating to Additions of Excess Property.-- (1) In general.--Section 4(d) of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note)-- (A) is redesignated and moved so as to appear as subsection (e) of section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503); and (B) is amended-- (i) in paragraph (1) by striking ``one hundred and eighty'' and inserting ``180''; (ii) in paragraph (2) by striking ``subsection (d)(1)'' and inserting ``paragraph (1)''; and (iii) by striking paragraph (3). (2) Conforming amendment.--Section 4(f) of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note) is repealed. (c) Notice Regarding Additions to System.--Section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503) is further amended by adding at the end the following: ``(f) Notice Regarding Additions to System.--The Secretary shall-- ``(1) publish in the Federal Register a notice of any addition of property to the System under this section, including notice of the availability of a map showing the location of the property; ``(2) provide a copy of that map to the State and local government in which the property is located and the Committee on Resources of the House of Representatives; and ``(3) revise the maps referred to in subsection (a) to reflect the addition of the property to the System.''. (d) Conforming Amendment.--Subsection (a) of section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)) is amended by striking ``, which shall consist of'' and all that follows through the end of that subsection and inserting the following: ``, that-- ``(1) shall consist of those undeveloped coastal barriers and other areas located on the coasts of the United States that are identified and generally depicted on the set of maps on file with the Secretary entitled `Coastal Barrier Resources System', dated October 24, 1990, as such maps may be modified, revised, corrected, or replaced under subsection (c), (d), or (e) of this section, or any other provision of law enacted on or after November 16, 1990, that specifically authorizes the modification, revision, correction, or replacement; and ``(2) includes areas added to the System in accordance with subsection (d) or (e).''. SEC. 3. CLERICAL AMENDMENTS. (a) Coastal Barrier Resources Act.--The Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.) is amended-- (1) in section 3(3) (16 U.S.C. 3502(3)), in the matter following subparagraph (D), by striking ``Effective October 1, 1983, such'' and inserting ``Such''; and (2) by repealing section 10 (16 U.S.C. 3509). (b) Coastal Barrier Improvement Act of 1990.--Section 8 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note) is repealed. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 12 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is redesignated as section 10 and amended to read as follows: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Secretary to carry out this Act $2,000,000 for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''. SEC. 5. DIGITAL MAPPING PILOT PROJECT. (a) Requirement to Undertake Project.-- (1) In general.--The Secretary of the Interior, in consultation with the Director of the Federal Emergency Management Agency, shall undertake a pilot project to determine the feasibility and cost of creating digital versions of the Coastal Barrier Resources System maps referred to in section 4(a)(1) of the Coastal Barrier Resources Act, as amended by this Act. The pilot project shall include the creation of digital maps for at least 5 units of the System. (2) Use of existing data.--(A) To the extent practicable, in completing the pilot project under this subsection, the Secretary shall use existing digital spatial data including digital orthophotos; shoreline, elevation, and bathymetric data; and electronic navigational charts in the possession of other Federal agencies, including the United States Geological Survey and the National Oceanic and Atmospheric Administration. (B) The head of any Federal agency that possesses digital spatial data referred to in subparagraph (A) shall promptly provide that data to the Secretary at no cost upon request by the Secretary. (3) Obtaining additional data.--If the Secretary determines that data necessary to complete the pilot project under this subsection does not exist, the Secretary shall enter into an agreement with the Director of the United States Geological Survey under which the Director shall obtain, in cooperation with other Federal agencies, as appropriate, and provide to the Secretary any digital spatial data required to carry out this subsection. (4) Data standards.--All digital spatial data used or created to carry out this subsection shall comply with the National Spatial Data Infrastructure established by Executive Order 12906 and any other standards established by the Federal Geographic Data Committee established by the Office of Management and Budget Circular A-16. (5) Digital maps not controlling.--Any determination of whether a location is inside or outside of the System shall be made without regard to the digital maps prepared under this subsection. (6) Report.--(A) Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Resources of the House of Representatives that describes the results of the pilot project and the feasibility, data needs, and costs of completing digital maps for the entire System. (B) The report shall include a description of-- (i) the cooperative agreements entered into by the Secretary with other Federal agencies to complete the pilot project and cooperative agreements needed to complete digital mapping of the entire System; (ii) the availability of existing data to complete digital mapping of the entire System; (iii) the need for additional data to complete digital mapping of the entire System; and (iv) the funding needed to complete digital mapping of the entire System. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $500,000 for each of fiscal years 2000, 2001, and 2002 to carry out the pilot project required under this section. SEC. 6. CORRECTIONS TO MAPS RELATING TO UNIT P19-P. (a) In General.--The Secretary of the Interior shall, before the end of the 30-day period beginning on the date of the enactment of this Act, make such corrections to the map described in subsection (b) as are necessary to ensure that depictions of areas on that map are consistent with the depictions of areas appearing on the map relating to unit P19-P entitled ``Amendment to the Coastal Barrier Resources System'' and dated September 16, 1998. (b) Map Described.--The map described in this subsection is the map that-- (1) is included in a set of maps entitled ``Coastal Barrier Resources System'', dated November 2, 1994; and (2) relates to unit P19-P of the Coastal Barrier Resources System. SEC. 7. REPLACEMENT OF MAPS RELATING TO UNITS NC-03P AND L03. (a) In General.--The 7 maps included in the set of maps entitled ``Coastal Barrier Resources System'' and referred to in section 4(a)(1) of the Coastal Barrier Resources Act, as amended by this Act, relating to the portions of Coastal Barrier Resources System units NC-03P and L03 located in Dare County, North Carolina, are hereby replaced by other maps relating to that unit that are entitled ``DARE COUNTY, NORTH CAROLINA, Coastal Barrier Resources System, Cape Hatteras Unit NC-03P'' or ``DARE COUNTY, NORTH CAROLINA, Coastal Barrier Resources System, Cape Hatteras Unit NC-03P, Hatteras Island Unit L03'' and dated July 1, 1999. (b) Availability.--The Secretary of the Interior shall keep the maps referred to in subsection (a) on file and available for inspection in accordance with the provisions of section 4(b) of the Coastal Barrier Resources Act (16 U.S.C. 3503(b)). SEC. 8. CORRECTIONS TO MAP RELATING TO UNIT DE-03P. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior shall make such corrections to the map described in subsection (b) as are necessary to move on that map the boundary of the otherwise protected area (as defined in section 12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101-591)) to the Cape Henlopen State Park boundary to the extent necessary-- (1) to exclude from the otherwise protected area the adjacent property leased, as of the date of enactment of this Act, by the Barcroft Company and Cape Shores Associates (which are privately held corporations under the law of the State of Delaware); and (2) to include in the otherwise protected area the northwestern corner of Cape Henlopen State Park seaward of the Lewes and Rehoboth Canal. (b) Map Described.--The map described in this subsection is the map that is included in a set of maps entitled ``Coastal Barrier Resources System'', dated October 24, 1990, as revised October 15, 1992, and that relates to the unit of the Coastal Barrier Resources System entitled ``Cape Henlopen Unit DE-03P''. Passed the House of Representatives September 21, 1999. Attest: JEFF TRANDAHL, Clerk.

Coastal Barrier Resources Reauthorization Act of 1999 - Amends the Coastal Barrier Resources Act to authorize the Secretary of the Interior to add any parcel of real property to the Coastal Barrier Resources System if the parcel's owner so requests and the parcel is a depositional geologic feature described in specified provisions. Moves from the Coastal Barrier Improvement Act of 1990 to the Coastal Barrier Resources Act provisions relating to additions to the System of excess government property and amends the Coastal Barrier Improvement Act of 1990 to repeal notice provisions relating to the moved provisions. Amends the Coastal Barrier Resources Act to impose notice requirements regarding any System addition. (Sec. 4) Authorizes appropriations to carry out the Coastal Barrier Resources Act. (Sec. 5) Mandates a pilot project and report to a specified House of Representatives committee on the feasibility and cost of creating digital versions of System maps. Authorizes appropriations. (Sec. 6) Mandates corrections to the System map for unit P19-P (North Captiva Island, Florida) to make that map consistent with a specified map. (Sec. 7) Replaces seven System maps relating to units NC-03P and L03 in Dare County, North Carolina, with other specified maps. (Sec. 8) Directs the Secretary of the Interior to make corrections to a specified Coastal Barrier Resources map as necessary to move the boundary of the otherwise-protected area to the Cape Henlopen Sate Park boundary to the extent necessary to exclude from the otherwise- protected area the adjacent property leased by the Barcroft Company and Cape Shores Associates, privately held corporations under the law of the State of Delaware, and to include in the otherwise-protected area the northeastern corner of Cape Henlopen State Park seaward of the Lewes and Rehoboth Canal.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Health Benefits Provider Integrity Amendments of 1997''. SEC. 2. DEBARMENT AND OTHER SANCTIONS. (a) Amendments.--Section 8902a of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``and'' at the end of subparagraph (B); (ii) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(D) the term `should know' means that a person, with respect to information, acts in deliberate ignorance of, or in reckless disregard of, the truth or falsity of the information, and no proof of specific intent to defraud is required.''; and (B) in paragraph (2)(A), by striking ``subsection (b) or (c)'' and inserting ``subsection (b), (c), or (d)''; (2) in subsection (b)-- (A) by striking ``The Office of Personnel Management may bar'' and inserting ``The Office of Personnel Management shall bar''; and (B) by amending paragraph (5) to read as follows: ``(5) Any provider that is currently suspended or excluded from participation under any program of the Federal Government involving procurement or nonprocurement activities.''; (3) by redesignating subsections (c) through (i) as subsections (d) through (j), respectively, and by inserting after subsection (b) the following: ``(c) The Office may bar the following providers of health care services from participating in the program under this chapter: ``(1) Any provider-- ``(A) whose license to provide health care services or supplies has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider's professional competence, professional performance, or financial integrity; or ``(B) that surrendered such a license while a formal disciplinary proceeding was pending before such an authority, if the proceeding concerned the provider's professional competence, professional performance, or financial integrity. ``(2) Any provider that is an entity directly or indirectly owned, or with a 5 percent or more controlling interest, by an individual who is convicted of any offense described in subsection (b), against whom a civil monetary penalty has been assessed under subsection (d), or who has been debarred from participation under this chapter. ``(3) Any individual who directly or indirectly owns or has a controlling interest in an entity and who knows or should know of the action constituting the basis for the entity's conviction of any offense described in subsection (b), assessment with a civil monetary penalty under subsection (d), or debarment from participation under this chapter. ``(4) Any provider that the Office determines, in connection with claims presented under this chapter, has charged for health care services or supplies in an amount substantially in excess of such provider's customary charge for such services or supplies (unless the Office finds there is good cause for such charge), or charged for health care services or supplies which are substantially in excess of the needs of the covered individual or which are of a quality that fails to meet professionally recognized standards for such services or supplies. ``(5) Any provider that the Office determines has committed acts described in subsection (d).''; (4) in subsection (d) (as so redesignated by paragraph (3)) by amending paragraph (1) to read as follows: ``(1) in connection with claims presented under this chapter, that a provider has charged for a health care service or supply which the provider knows or should have known involves-- ``(A) an item or service not provided as claimed, ``(B) charges in violation of applicable charge limitations under section 8904(b), or ``(C) an item or service furnished during a period in which the provider was debarred from participation under this chapter pursuant to a determination by the Office under this section, other than as permitted under subsection (g)(2)(B);''; (5) in subsection (f) (as so redesignated by paragraph (3)) by inserting after ``under this section'' the first place it appears the following: ``(where such debarment is not mandatory)''; (6) in subsection (g) (as so redesignated by paragraph (3))-- (A) by striking ``(g)(1)'' and all that follows through the end of paragraph (1) and inserting the following: ``(g)(1)(A) Except as provided in subparagraph (B), debarment of a provider under subsection (b) or (c) shall be effective at such time and upon such reasonable notice to such provider, and to carriers and covered individuals, as shall be specified in regulations prescribed by the Office. Any such provider that is debarred from participation may request a hearing in accordance with subsection (h)(1). ``(B) Unless the Office determines that the health or safety of individuals receiving health care services warrants an earlier effective date, the Office shall not make a determination adverse to a provider under subsection (c)(5) or (d) until such provider has been given reasonable notice and an opportunity for the determination to be made after a hearing as provided in accordance with subsection (h)(1).''; (B) in paragraph (3)-- (i) by inserting ``of debarment'' after ``notice''; and (ii) by adding at the end the following: ``In the case of a debarment under paragraph (1), (2), (3), or (4) of subsection (b), the minimum period of debarment shall not be less than 3 years, except as provided in paragraph (4)(B)(ii).''; (C) in paragraph (4)(B)(i)(I) by striking ``subsection (b) or (c)'' and inserting ``subsection (b), (c), or (d)''; and (D) by striking paragraph (6); (7) in subsection (h) (as so redesignated by paragraph (3)) by striking ``(h)(1)'' and all that follows through the end of paragraph (2) and inserting the following: ``(h)(1) Any provider of health care services or supplies that is the subject of an adverse determination by the Office under this section shall be entitled to reasonable notice and an opportunity to request a hearing of record, and to judicial review as provided in this subsection after the Office renders a final decision. The Office shall grant a request for a hearing upon a showing that due process rights have not previously been afforded with respect to any finding of fact which is relied upon as a cause for an adverse determination under this section. Such hearing shall be conducted without regard to subchapter II of chapter 5 and chapter 7 of this title by a hearing officer who shall be designated by the Director of the Office and who shall not otherwise have been involved in the adverse determination being appealed. A request for a hearing under this subsection shall be filed within such period and in accordance with such procedures as the Office shall prescribe by regulation. ``(2) Any provider adversely affected by a final decision under paragraph (1) made after a hearing to which such provider was a party may seek review of such decision in the United States District Court for the District of Columbia or for the district in which the plaintiff resides or has his or her principal place of business by filing a notice of appeal in such court within 60 days after the date the decision is issued, and by simultaneously sending copies of such notice by certified mail to the Director of the Office and to the Attorney General. In answer to the appeal, the Director of the Office shall promptly file in such court a certified copy of the transcript of the record, if the Office conducted a hearing, and other evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and evidence of record, a judgment affirming, modifying, or setting aside, in whole or in part, the decision of the Office, with or without remanding the case for a rehearing. The district court shall not set aside or remand the decision of the Office unless there is not substantial evidence on the record, taken as whole, to support the findings by the Office of a cause for action under this section or unless action taken by the Office constitutes an abuse of discretion.''; and (8) in subsection (i) (as so redesignated by paragraph (3))-- (A) by striking ``subsection (c)'' and inserting ``subsection (d)''; and (B) by adding at the end the following: ``The amount of a penalty or assessment as finally determined by the Office, or other amount the Office may agree to in compromise, may be deducted from any sum then or later owing by the United States to the party against whom the penalty or assessment has been levied.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Exceptions.--(A) Paragraphs (2), (3), and (5) of section 8902a(c) of title 5, United States Code, as amended by subsection (a)(3), shall apply only to the extent that the misconduct which is the basis for debarment under such paragraph (2), (3), or (5), as applicable, occurs after the date of the enactment of this Act. (B) Paragraph (1)(B) of section 8902a(d) of title 5, United States Code, as amended by subsection (a)(4), shall apply only with respect to charges which violate section 8904(b) of such title for items or services furnished after the date of the enactment of this Act. (C) Paragraph (3) of section 8902a(g) of title 5, United States Code, as amended by subsection (a)(6)(B), shall apply only with respect to debarments based on convictions occurring after the date of the enactment of this Act. SEC. 3. AMENDMENT TO THE SOCIAL SECURITY ACT. Section 1128B(f)(1) of the Social Security Act (42 U.S.C. 1320a- 7b(f)(1)), as amended by section 204(a)(7) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2000), is amended by striking ``(other than the health insurance program under chapter 89 of title 5, United States Code)''.

Federal Employees Health Benefits Provider Integrity Amendments of 1997 - Amends Federal law, with respect to Federal employees' health insurance coverage under the Federal Employees Health Benefits Program (FEHB), to revise provisions regarding the debarment of any health care provider found to have engaged in fraudulent practices, including requiring (currently permitting) debarment for certain fraudulent practices. (Sec. 3) Amends the Social Security Act, as amended by the Health Insurance Portability and Accountability Act of 1996, to apply certain criminal health antifraud and abuse sanctions to fraud and abuse involving the FEHB Program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting America's Young Entrepreneurs Act of 2016''. SEC. 2. SMALL BUSINESS START-UP EMPLOYEE LOAN DEFERMENT AND CANCELLATION. (a) Deferment.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) in paragraph (1), by striking ``A borrower of a loan'' and inserting ``Except as provided in paragraph (5), a borrower of a loan''; and (2) by adding at the end the following: ``(5) No interest deferment eligibility for founders of small business start-ups.--A borrower of a loan made under this part shall be eligible for a deferment, during which periodic installments of principal and interest need not be paid, during any period not in excess of 3 years during which the borrower is employed as a founder of a small business start-up (as defined in subsection (r)(3)).''. (b) Loan Cancellation.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Loan Cancellation for Certain Small Business Start-Up Employees.-- ``(1) Founder of a small business start-up in a distressed area.-- ``(A) In general.--The Secretary shall cancel $20,000 of the balance of interest and principal due, in accordance with subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 24 monthly payments on the eligible Federal Direct Loan after the date of the enactment of this subsection pursuant to any one or a combination of payments under a repayment plan under subsection (d)(1) or (g); ``(ii) has been employed as a founder of a small business start-up in a distressed area during the period in which the borrower makes each of the 24 payments; ``(iii) is employed as a founder of a small business start-up in a distressed area at the time of such cancellation; and ``(iv) is approved for loan cancellation by the young entrepreneurs business center under section 47 of the Small Business Act (16 U.S.C. 631 et seq.). ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $20,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (2); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. ``(2) Employee of a small business start-up.-- ``(A) In general.--The Secretary shall cancel $3,000 of the balance of interest and principal due, in accordance with subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 12 monthly payments on the eligible Federal Direct Loan after the date of the enactment of this subsection pursuant to any one or a combination of payments under a repayment plan under subsection (d)(1) or (g); ``(ii) has been employed in a small business start-up job during the period in which the borrower makes each of the 12 payments; and ``(iii) is employed in a small business start-up job at the time of such cancellation. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $3,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $15,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (1); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. ``(3) Definitions.--In this subsection: ``(A) Distressed area.--The term `distressed area' means an area identified under section 47 of the Small Business Act (16 U.S.C. 631 et seq.). ``(B) Eligible federal direct loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. ``(C) Founder.--The term `founder' shall have the meaning given such term by the Administrator of the Small Business Administration under this paragraph. ``(D) Small business start-up.--The term `small business start-up' means a business that is certified by the young entrepreneurs business center under section 47 of the Small Business Act (16 U.S.C. 631 et seq.). ``(E) Small business start-up job.--The term `small business start-up job' means a full-time job as an employee of a small business start-up.''. SEC. 3. LOAN REFINANCING. (a) In General.--Part D of title IV of the Higher Education Act of 1965 is amended by adding at the end the following: ``SEC. 460. FEDERAL DIRECT REFINANCED PRIVATE LOAN PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible private education loan.--The term `eligible private education loan' means a private education loan, as defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)), that was for the borrower's own postsecondary educational expenses for an eligible program at an institution of higher education participating in the loan program under this part, as of the date that the loan was disbursed. ``(2) Federal direct refinanced private loan.--The term `Federal Direct Refinanced Private Loan' means a loan issued under subsection (b)(1). ``(3) Private educational lender.--The term `private educational lender' has the meaning given the term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). ``(4) Qualified borrower.--The term `qualified borrower' means an individual who-- ``(A) has an eligible private education loan; ``(B) has been current on payments on the eligible private education loan for the 6 months prior to the date of the qualified borrower's application for refinancing under this section, and is in good standing on the loan at the time of such application; ``(C) is not in default on the eligible private education loan or on any loan made, insured, or guaranteed under this part or part B or E; and ``(D) meets the eligibility requirements described in subsection (b)(2). ``(b) Program Authorized.-- ``(1) In general.--The Secretary, in consultation with the Secretary of the Treasury, shall carry out a program under which the Secretary, upon application by a qualified borrower who has an eligible private education loan, shall issue such borrower a loan under this part in accordance with the following: ``(A) The loan issued under this program shall be in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the private education loan. ``(B) The Secretary shall pay the proceeds of the loan issued under this program to the private educational lender of the private education loan, in order to discharge the qualified borrower from any remaining obligation to the private educational lender with respect to the original private education loan. ``(C) The Secretary shall require that the qualified borrower undergo loan counseling that provides all of the information and counseling required under clauses (i) through (viii) of section 485(b)(1)(A) before the loan is refinanced in accordance with this section, and before the proceeds of such loan are paid to the private educational lender. ``(D) The Secretary shall issue the loan as a Federal Direct Refinanced Private Loan, which shall have the same terms, conditions, and benefits as a Federal Direct Subsidized Loan, except as otherwise provided in this section. ``(2) Borrower eligibility.--Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall establish eligibility requirements-- ``(A) to ensure eligibility only for qualified borrowers in good standing; ``(B) to minimize inequities between Federal Direct Refinanced Private Loans and other Federal student loans; ``(C) to preclude windfall profits for private educational lenders; and ``(D) to ensure full access to the program authorized in this subsection for borrowers with private loans who otherwise meet the criteria established in accordance with subparagraphs (A) and (B). ``(c) Interest Rate.-- ``(1) In general.--The interest rate for a Federal Direct Refinanced Private Loan is, in the case a private education loan originally issued for undergraduate, graduate, or professional degree postsecondary educational expenses, a rate equal to the rate for Federal Direct Subsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017. ``(2) Fixed rate.--The applicable rate of interest determined under this subsection for a Federal Direct Refinanced Private Loan shall be fixed for the period of the loan. ``(d) Treatment of Loans.--Nothing in this section shall affect the ability of a borrower to qualify for loan repayment under a repayment plan under subsection (d)(1) or (g) of section 455.''. (b) Notice of Potential Eligibility.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following new paragraph: ``(12) Notice required along with billing statements.-- Along with each billing statement sent to the borrower, the private educational lender shall include a statement informing the borrower that the borrower may be eligible for the Federal Direct Refinanced Private Loan program established under section 460 of the Higher Education Act of 1965.''. SEC. 4. YOUNG ENTREPRENEURS BUSINESS CENTER. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 47 as section 48; and (2) by inserting after section 46 the following: ``SEC. 47. YOUNG ENTREPRENEURS BUSINESS CENTER. ``(a) Establishment.--There is established within the Administration a young entrepreneurs business center that shall, for purposes of loan cancellation for start-up employees established under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e)-- ``(1) certify small business start-ups under subsection (b); ``(2) identify distressed areas under subsection (c); and ``(3) approve loan cancellation for founders of small business start-ups in distressed areas under subsection (d). ``(b) Certification.-- ``(1) Application.--To be certified by the young entrepreneurs business center, a small business start-up shall submit an application to the Administrator that includes-- ``(A) a 5-year business plan for such small business start-up; and ``(B) the number of employees the small business start-up intends to employ on a yearly basis. ``(2) Requirements.--The young entrepreneurs business center may not certify a small business start-up unless such small business start-up, on the date the application is submitted under paragraph (1)-- ``(A) has a founder who is a recent graduate of a 4-year institution of higher education; ``(B) is a start-up for which at least 50 percent of the employees of the start-up are recent graduates of such an institution. ``(c) Distressed Area.-- ``(1) In general.--Not less than once every 3 years after the date of the enactment of this section, the young entrepreneurs business center shall identify and make publically available on the website of the Administration a list of distressed areas. ``(2) Requirements.--A distressed area identified under paragraph (1) shall be a county or equivalent division of local government of a State in which the small business concern is located that-- ``(A) has, for the most recent 24-month period for which statistics are available-- ``(i) a per capita income of 80 percent or less of the national average; or ``(ii) an unemployment rate that is 1 percent greater than the national average; and ``(B) the young entrepreneurs business center determines would economically benefit from having small business start-ups established in such area. ``(d) Loan Cancellation for Founders of a Small Business Start-Up in a Distressed Area.--For purposes of loan cancellation under subsection (r)(1) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) the young entrepreneurs business center shall approve a founder of a small business start-up in a distressed area if such founder-- ``(1) established a small business start-up that-- ``(A) on the date such small business start-up was established, was located in a distressed area identified by the young entrepreneurs business center under subsection (c) not more than 3 years before such date of establishment; ``(B) was certified under subsection (b); and ``(C) on the date of approval under this subsection, has been operating continuously for not less than 5 years; and ``(2) was employed as a founder of a small business start- up in a distressed area during the period in which such founder made the 24 payments described in subsection (r)(1)(A) of such section 455. ``(e) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act (20 U.S.C. 1002). ``(2) Small business start-up.--The term `small business start-up' means a small business concern that-- ``(A) is not yet in existence; or ``(B) has been in existence for not more than 3 years.''. SEC. 5. TREATMENT OF LOAN CANCELLATION. (a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (b) Effective Date.--The amendment made by this section shall apply to discharges of indebtedness occurring after the date of the enactment of this Act.

Supporting America's Young Entrepreneurs Act of 2016 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to make eligible for deferment and cancellation under the Federal Direct Loan program a borrower who is an employee or founder of a small business start-up in a distressed area. It also amends the Internal Revenue Code to exclude from an individual's gross income the amount of such canceled student loan debt. The bill establishes a Federal Direct Refinanced Private Loan program to refinance private education loans. Finally, it establishes a young entrepreneurs business center within the Small Business Administration to certify small business start-ups, identify distressed areas, and approve loan cancelation for founders of small business start-ups.

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SECTION 1. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND. The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following: ``SEC. 122. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND. ``(a) Purpose.--The purpose of this section are to establish a small dollar loan-loss guarantee fund to-- ``(1) serve as a loss reserve for qualifying loans to consumers offered by eligible financial institutions; ``(2) increase the number of qualifying loan products offered to consumers by such institutions; and ``(3) increase consumer access to mainstream financial institutions and provide consumers with alternative choices to pay day loans. ``(b) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis.--The term `consumer reporting agency that compiles and maintains files on consumers on a nationwide basis' has the same meaning given such term in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)). ``(2) Eligible financial institution.--The term `eligible financial institution' means-- ``(A) any community development financial institution, provided that if such institution is subject to examination under the Community Reinvestment Act of 1977, that such institution received a satisfactory or an outstanding rating in meeting the needs of the community as part of its last examination under such Act; and ``(B) any other entity, organization, or institution whose primary mission is to serve low- to moderate-income individuals, as determined appropriate by the Administrator. ``(3) Fund.--The term `Fund' means the CDFI Small Dollar Loan-Loss Guarantee Fund established under subsection (c). ``(4) Qualifying loan.--The term `qualifying loan' means a loan that satisfies the following requirements: ``(A) The loan is made to a consumer by an eligible financial institution. ``(B) The loan is made in an amount not exceeding $2,500. ``(C) The loan-- ``(i) has a repayment period of at least 60 days; ``(ii) is repaid in installments, and such installment payments result in the reduction in the principle balance owed on the loan; ``(iii) has an annual percentage rate that the Administrator determines to be acceptable through the application process for the purposes of this section, but in no event shall such annual percentage rate exceed 36 percent; and ``(iv) has no pre-payment penalty. ``(D) At the time of origination of the loan, the eligible financial institution that made the loan offered the consumer information. ``(E) The eligible financial institution making the loan reports payments regarding the loan to at least 1 of the consumer reporting agencies that compiles and maintains files on consumers on a nationwide basis. ``(c) Establishment.-- ``(1) In general.--There is established a CDFI Small Dollar Loan-Loss Guarantee Fund, which shall be used by the Administrator to defray the cost of losses on qualifying loans to consumers made by eligible financial institutions. ``(2) Use of fund amounts.-- ``(A) Reimbursement.--From amounts available in the Fund, the Administrator may provide reimbursement of a qualifying loan loss that is up to 60 percent of the loss on the qualifying loan to an eligible financial institution that has submitted an application pursuant to the requirements of subparagraph (B). The Administrator shall take into consideration the overall default rates of the qualifying loan portfolio in an eligible financial institution when determining the reimbursement rate of loan loss. ``(B) Application.--In order to receive any amounts from the Fund under this section, each eligible financial institution shall submit an application at such time, in, such form, and with such information and assurances as the Administrator may require. ``(3) Deposits.-- ``(A) In general.--The Fund shall consist of-- ``(i) any amounts deposited pursuant to subsection (d)(4); ``(ii) any amounts borrowed pursuant to subsection (e); ``(iii) a portion, as determined by the Administrator, of the proceeds of fees collected by an eligible financial institution for the origination of the qualifying loans to consumers; and ``(iv) any amounts transferred, credited, donated, or bequeathed to the Fund by any individual, foundation, corporation, or other legal entity. ``(B) Solvency of fund.--In making the determination required under subparagraph (A), the Administrator shall give priority consideration to that amount that would best protect and ensure the solvency of the Fund. ``(C) Investment authority.--Funds that are not otherwise distributed by the Fund to eligible financial institutions for reimbursement of qualifying loan losses shall be invested in obligations of the United States or in obligations guaranteed as principle and interest by the United States. ``(d) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated for each fiscal year such sums as are necessary to carry out this section. ``(2) Administrative costs.--From amounts made available under this section, the Administrator may reserve not more than 10 percent for administrative costs. ``(3) Technical assistance grants.--Amounts made available under this section may be used to make technical assistance grants to applicants to develop and support a small dollar loan program. Any technical assistance grants made under this paragraph shall be made in accordance with subsections (b), (c), and (d) of section 108, provided that the Administrator may waive the requirements of subsection (e) of such section 108 with respect to such grants. ``(4) Deposit into fund.--Amounts made available under this section may be deposited into the CDFI Small Dollar Loan-Loss Guarantee Fund established under this section. ``(e) Borrowing Authority.--The Administrator is authorized to borrow from the Treasury, and the Secretary of the Treasury is authorized and directed to loan to the Administrator on such terms as may be fixed by the Administrator and the Secretary, such funds as in the judgment of the Administrator are from time to time required to maintain the solvency of the Fund, not exceeding in the aggregate $75,000,000 outstanding at any one time, subject to the approval of the Secretary of the Treasury: Provided, That the rate of interest to be charged in connection with any loan made pursuant to this subsection shall not be less than an amount determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. For such purpose the Secretary of the Treasury is authorized to use as a public-debt transaction the proceeds of the sale of any securities hereafter issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under the Second Liberty Bond Act, as amended, are extended to include such loans. Any such loan shall be used by the Administrator solely in carrying out its functions with respect to the Fund. All loans and repayments under this subsection shall be treated as public-debt transactions of the United States. The Administrator may employ any amounts obtained under this subsection for purposes of the Fund and the borrowing shall become a liability of the Fund to the extent funds are employed therefor. ``(f) Report to Congress.--Not later than 1 year after the CDFI Small Dollar Loan-Loss Guarantee Fund makes its first reimbursement to an eligible financial institution, and every year thereafter, the Administrator shall submit to the Banking, Housing, and Urban Affairs Committee of the Senate, the Financial Services Committee of the House of Representatives, and the Committee on Appropriations of both the Senate and the House of Representatives a report describing-- ``(1) the activities of the Fund, including the cumulative volume and amounts of loan reimbursements that have been distributed from the Fund during the prior 12 months; ``(2) the solvency of the Fund; ``(3) the default rate of qualifying loans; and ``(4) any measurable results, as appropriate and available, related to the achievement of the purposes of this section as such purposes are set forth under subsection (a).''.

Amends the Community Development Banking and Financial Institutions Act of 1994 to establish the Community Development Financial Institutions (CDFI) Small Dollar Loan-Loss Guarantee Fund to defray the cost of losses on specified qualifying consumer loans (not exceeding $2500) made by certain CDFIs and institutions whose primary mission is to serve low- to moderate-income individuals. Authorizes appropriations to implement the program and to provide technical assistance grants to applicants to develop and support a small dollar loan program. Authorizes the Administrator of the CFDI Fund to borrow from the Treasury as necessary to maintain Fund solvency.

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SECTION 1. DISCLOSURE OF PAID COMMUNICATIONS CAMPAIGNS TO INFLUENCE THE GENERAL PUBLIC TO LOBBY CONGRESS. (a) Applicability.--The amendments made by this section shall not apply to any person or entity other than a lobbying firm that is retained on behalf of a client other than that person or entity. No person or entity other than a lobbying firm is required to register or file a report under the amendments made by this section. (b) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended-- (1) in paragraph (7), by adding at the end the following: ``For purposes of a lobbying firm only, the term `lobbying activities' includes paid communications campaigns to influence the general public to lobby Congress.''; (2) in paragraph (9)-- (A) in the first sentence-- (i) by striking ``means a person'' and inserting ``(A) means-- ``(i) a person''; (ii) by moving the remaining text of the sentence 4 ems to the right; and (iii) by striking ``entity.'' and inserting ``entity; and ``(ii) a person or entity that is retained by 1 or more clients (other than that person or entity) to engage in paid communications campaigns to influence the general public to lobby Congress, and receives income of, or spends or agrees to spend, an aggregate of $100,000 or more for such efforts in any quarterly period; and''; and (B) in the last sentence-- (i) by striking ``The term also includes'' and inserting ``(B) includes''; and (ii) by moving the remaining text of the sentence 2 ems to the right; and (3) by adding at the end the following: ``(17) Paid communications campaigns to influence the general public to lobby congress.--The term `paid communications campaigns to influence the general public to lobby Congress' means any efforts by a lobbying firm, on behalf of a client that retains the firm, to influence the general public or segments thereof to contact 1 or more covered legislative or executive branch officials (or Congress generally) to urge such officials (or Congress) to take specific action with respect to a matter described in paragraph (8)(A), except that such term does not include-- ``(A) communications made to the members of the client; or ``(B) direct mail communications to the general public, or segments of the general public, that are made primarily for the purpose of recruiting members to join an organization.''. (c) Registration.--Section 4(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)) is amended by inserting after paragraph (2) the following and redesignating the succeeding paragraph accordingly: ``(3) Filing by certain lobbying firms.--Any person or entity that qualifies as a lobbying firm under section 3(9)(A)(ii) shall register with the Secretary of the Senate and the Clerk of the House of Representatives not later than 45 days after such lobbying firm is first retained by a client to engage in paid communications campaigns to influence the general public to lobby Congress.''. (d) Separate Itemization of Paid Communications Campaigns To Influence the General Public To Lobby Congress.--Section 5(b) of the Act (2 U.S.C. 1604(b)) is amended-- (1) in paragraph (3)-- (A) by striking ``firm, a good'' and inserting ``firm-- ``(A) a good''; (B) by moving the remaining text 2 ems to the right; and (C) by adding at the end the following: ``(B) a separate good faith estimate of the total amount of income relating specifically to paid communications campaigns to influence the general public to lobby Congress, if such income from the client exceeds $50,000 during the quarterly filing period; and''; and (2) by adding at the end the following: ``Subparagraphs (B) and (C) of paragraph (2) shall not apply with respect to reports relating to paid communications campaigns to influence the general public to lobby Congress.''.

Amends the Lobbying Disclosure Act of 1995 (LDA) to revise the definition of "lobbying activities" (for purposes of a lobbying firm only) to include paid communications campaigns to influence the general public to lobby Congress. Redefines "lobbying firm" to include a person or entity retained by one or more clients (other than that person or entity) to engage in paid communications campaigns to influence the general public to lobby Congress, and receives income of, or spends or agrees to spend, an aggregate of $100,000 or more for such efforts in any quarterly period. Defines "paid communications campaigns to influence the general public to lobby Congress" as efforts by a lobbying firm, on behalf of a client, to influence the general public or its segments to contact one or more covered legislative or executive branch officials (or Congress generally) to urge them to take specific action regarding a specific matter. Excludes from the meaning of such communications: (1) any made to the members of the client; or (2) direct mail communications to the general public or its segments made primarily to recruit members to join an organization. Sets forth LDA registration and reporting requirements of such lobbying firms.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``World War II Memorial Completion Act''. SEC. 2. FUND RAISING BY AMERICAN BATTLE MONUMENTS COMMISSION FOR WORLD WAR II MEMORIAL. (a) Codification of Existing Authority; Expansion of Authority.-- (1) Chapter 21 of title 36, United States Code, is amended by adding at the end the following new section: ``Sec. 2113. World War II memorial in the District of Columbia ``(a) Definitions.--In this section: ``(1) The term `World War II memorial' means the memorial authorized by Public Law 103-32 (107 Stat. 90) to be established by the American Battle Monuments Commission on Federal land in the District of Columbia or its environs to honor members of the Armed Forces who served in World War II and to commemorate the participation of the United States in that war. ``(2) The term `Commission' means the American Battle Monuments Commission. ``(3) The term `memorial fund' means the fund created by subsection (c). ``(b) Solicitation and Acceptance of Contributions.--Consistent with the authority of the Commission under section 2103(e) of this title, the Commission shall solicit and accept contributions for the World War II memorial. ``(c) Creation of Memorial Fund.--(1) There is hereby created in the Treasury a fund for the World War II memorial, which shall consist of the following: ``(A) Amounts deposited, and interest and proceeds credited, under paragraph (2). ``(B) Obligations obtained under paragraph (3). ``(C) The amount of surcharges paid to the Commission for the World War II memorial under the World War II 50th Anniversary Commemorative Coins Act. ``(D) Amounts borrowed using the authority provided under subsection (e). ``(E) Any funds received by the Commission under section 2103(l) of this title in exchange for use of, or the right to use, any mark, copyright or patent. ``(2) The Chairman of the Commission shall deposit in the memorial fund the amounts accepted as contributions under subsection (b). The Secretary of the Treasury shall credit to the memorial fund the interest on, and the proceeds from sale or redemption of, obligations held in the memorial fund. ``(3) The Secretary of the Treasury shall invest any portion of the memorial fund that, as determined by the Chairman of the Commission, is not required to meet current expenses. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Chairman of the Commission, has a maturity suitable for the memorial fund. ``(d) Use of Memorial Fund.--The memorial fund shall be available to the Commission for-- ``(1) the expenses of establishing the World War II memorial, including the maintenance and preservation amount provided for in section 8(b) of the Commemorative Works Act (40 U.S.C. 1008(b)); ``(2) such other expenses, other than routine maintenance, with respect to the World War II memorial as the Commission considers warranted; and ``(3) to secure, obtain, register, enforce, protect, and license any mark, copyright or patent that is owned by, assigned to, or licensed to the Commission under section 2103(l) of this title to aid or facilitate the construction of the World War II memorial. ``(e) Special Borrowing Authority.--(1) To assure that groundbreaking, construction, and dedication of the World War II memorial are completed on a timely basis, the Commission may borrow money from the Treasury of the United States in such amounts as the Commission considers necessary, but not to exceed a total of $65,000,000. Borrowed amounts shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the month in which the obligations of the Commission are issued. The interest payments on such obligations may be deferred with the approval of the Secretary of the Treasury, but any interest payment so deferred shall also bear interest. ``(2) The borrowing of money by the Commission under paragraph (1) shall be subject to such maturities, terms, and conditions as may be agreed upon by the Commission and the Secretary of the Treasury, except that the maturities may not exceed 20 years and such borrowings may be redeemable at the option of the Commission before maturity. ``(3) The obligations of the Commission shall be issued in amounts and at prices approved by the Secretary of the Treasury. The authority of the Commission to issue obligations under this subsection shall remain available without fiscal year limitation. The Secretary of the Treasury shall purchase any obligations of the Commission to be issued under this subsection, and for such purpose the Secretary of the Treasury may use as a public debt transaction of the United States the proceeds from the sale of any securities issued under chapter 31 of title 31. The purposes for which securities may be issued under such chapter are extended to include any purchase of the Commission's obligations under this subsection. ``(4) Repayment of the interest and principal on any funds borrowed by the Commission under paragraph (1) shall be made from amounts in the memorial fund. The Commission may not use for such purpose any funds appropriated for any other activities of the Commission. ``(f) Treatment of Borrowing Authority.--In determining whether the Commission has sufficient funds to complete construction of the World War II memorial, as required by section 8 of the Commemorative Works Act (40 U.S.C. 1008), the Secretary of the Interior shall consider the funds that the Commission may borrow from the Treasury under subsection (e) as funds available to complete construction of the memorial, whether or not the Commission has actually exercised the authority to borrow such funds. ``(g) Voluntary Services.--(1) Notwithstanding section 1342 of title 31, the Commission may accept from any person voluntary services to be provided in furtherance of the fund-raising activities of the Commission relating to the World War II memorial. ``(2) A person providing voluntary services under this subsection shall be considered to be a Federal employee for purposes of chapter 81 of title 5, relating to compensation for work-related injuries, and chapter 171 of title 28, relating to tort claims. A volunteer who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of such voluntary service, except that any volunteers given responsibility for the handling of funds or the carrying out of a Federal function are subject to the conflict of interest laws contained in chapter 11 of title 18, and the administrative standards of conduct contained in part 2635 of title 5, Code of Federal Regulations. ``(3) The Commission may provide for reimbursement of incidental expenses which are incurred by a person providing voluntary services under this subsection. The Commission shall determine which expenses are eligible for reimbursement under this paragraph. ``(4) Nothing in this subsection shall be construed to require Federal employees to work without compensation or to allow the use of volunteer services to displace or replace Federal employees. ``(h) Treatment of Certain Contracts.--A contract entered into by the Commission for the design or construction of the World War II memorial is not funding agreement as that term is defined in section 201 of title 35. ``(i) Extension of Authority to Establish Memorial.-- Notwithstanding section 10 of the Commemorative Works Act (40 U.S.C. 1010), the legislative authorization for the construction of the World War II memorial contained in Public Law 103-32 (107 Stat. 90) shall not expire until December 31, 2005.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2113. World War II memorial in the District of Columbia.''. (b) Conforming Amendments.--Public Law 103-32 (107 Stat. 90) is amended by striking sections 3, 4, and 5. (c) Effect of Repeal of Current Memorial Fund.--Upon the enactment of this Act, the Secretary of the Treasury shall transfer amounts in the fund created by section 4(a) of Public Law 103-32 (107 Stat. 91) to the fund created by section 2113 of title 36, United States Code, as added by subsection (a). SEC. 3. GENERAL AUTHORITY OF AMERICAN BATTLE MONUMENTS COMMISSION TO SOLICIT AND RECEIVE CONTRIBUTIONS. Subsection (e) of section 2103 of title 36, United States Code, is amended to read as follows: ``(e) Solicitation and Receipt of Contributions.--(1) The Commission may solicit and receive funds and in-kind donations and gifts from any State, municipal, or private source to carry out the purposes of this chapter. The Commission shall deposit such funds in a separate account in the Treasury. Funds from this account shall be disbursed upon vouchers approved by the Chairman of the Commission as well as by a Federal official authorized to sign payment vouchers. ``(2) The Commission shall establish written guidelines setting forth the criteria to be used in determining whether the acceptance of funds and in-kind donations and gifts under paragraph (1) would-- ``(A) reflect unfavorably on the ability of the Commission, or any employee of the Commission, to carry out the responsibilities or official duties of the Commission in a fair and objective manner; or ``(B) compromise the integrity or the appearance of the integrity of the programs of the Commission or any official involved in those programs.''. SEC. 4. INTELLECTUAL PROPERTY AND RELATED ITEMS. Section 2103 of title 36, United States Code, is amended by adding at the end the following new subsection: ``(l) Intellectual Property and Related Items.--(1) The Commission may-- ``(A) adopt, use, register, and license trademarks, service marks, and other marks; ``(B) obtain, use, register, and license the use of copyrights consistent with section 105 of title 17; ``(C) obtain, use, and license patents; and ``(D) accept gifts of marks, copyrights, patents and licenses for use by the Commission. ``(2) The Commission may grant exclusive and nonexclusive licenses in connection with any mark, copyright, patent, or license for the use of such mark, copyright or patent, except to extent the grant of such license by the Commission would be contrary to any contract or license by which the use of such mark, copyright or patent was obtained. ``(3) The Commission may enforce any mark, copyright, or patent by an action in the district courts under any law providing for the protection of such marks, copyrights, or patents. ``(4) The Attorney General shall furnish the Commission with such legal representation as the Commission may require under paragraph (3). The Secretary of Defense shall provide representation for the Commission in administrative proceedings before the Patent and Trademark Office and Copyright Office. ``(5) Section 203 of title 17 shall not apply to any copyright transferred in any manner to the Commission.''.

World War II Memorial Completion Act - Directs the American Battle Monuments Commission to solicit and accept contributions for establishing the World War II memorial in the District of Columbia or its environs (authorized under prior law). Establishes in the Treasury a fund to hold and expend such contributions. Authorizes the Commission to: (1) borrow up to $65 million from the Treasury to ensure that memorial groundbreaking, construction, and dedication are completed on a timely basis; and (2) accept voluntary services in furtherance of fund-raising activities (authorizing reimbursement of volunteer incidental expenses). Extends until December 31, 2005 (currently, May 25, 2000), the authority to construct the memorial. Revises current Commission authority to receive State, local, and private amounts for establishing the memorial to: (1) authorize the Commission to solicit (instead of just receive) such contributions; and (2) require the deposit of such amounts in the fund created under this Act. Requires the Commission to establish written guidelines for the acceptance of funds and in-kind contributions. Authorizes the Commission to adopt, obtain, use, register, and license trademarks, copyrights, and patents in connection with intellectual property and related items.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Manhattan Project National Historical Park Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Manhattan Project was an unprecedented top-secret program implemented during World War II to produce an atomic bomb before Nazi Germany; (2) a panel of experts convened by the President's Advisory Council on Historic Preservation in 2001-- (A) stated that ``the development and use of the atomic bomb during World War II has been called `the single most significant event of the 20th century'''; and (B) recommended that nationally significant sites associated with the Manhattan Project be formally established as a collective unit and be administered for preservation, commemoration, and public interpretation in cooperation with the National Park Service; (3) the Manhattan Project National Historical Park Study Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary of the Interior, in consultation with the Secretary of Energy, to conduct a special resource study of the historically significant sites associated with the Manhattan Project to assess the national significance, suitability, and feasibility of designating one or more sites as a unit of the National Park System; (4) after significant public input, the National Park Service study found that ``including Manhattan Project-related sites in the national park system will expand and enhance the protection and preservation of such resources and provide for comprehensive interpretation and public understanding of this nationally significant story in the 20th century American history''; (5) the Department of the Interior, with the concurrence of the Department of Energy, recommended the establishment of a Manhattan Project National Historical Park comprised of resources at-- (A) Oak Ridge, Tennessee; (B) Los Alamos, New Mexico; and (C) Hanford, in the Tri-Cities area, Washington; and (6) designation of a Manhattan Project National Historical Park as a unit of the National Park System would improve the preservation of, interpretation of, and access to the nationally significant historic resources associated with the Manhattan Project for present and future generations to gain a better understanding of the Manhattan Project, including the significant, far-reaching, and complex legacy of the Manhattan Project. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to preserve and protect for the benefit of present and future generations the nationally significant historic resources associated with the Manhattan Project; (2) to improve public understanding of the Manhattan Project and the legacy of the Manhattan Project through interpretation of the historic resources associated with the Manhattan Project; (3) to enhance public access to the Historical Park consistent with protection of public safety, national security, and other aspects of the mission of the Department of Energy; and (4) to assist the Department of Energy, Historical Park communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project. SEC. 4. DEFINITIONS. In this Act: (1) Historical park.--The term ``Historical Park'' means the Manhattan Project National Historical Park established under section 5. (2) Manhattan project.--The term ``Manhattan Project'' means the Federal program to develop an atomic bomb ending on December 31, 1946. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK. (a) Establishment.-- (1) Date.--Not later than 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Manhattan Project National Historical Park. (2) Areas included.--The Historical Park shall consist of facilities and areas listed under subsection (b) as determined by the Secretary, in consultation with the Secretary of Energy. The Secretary shall include the area referred to in subsection (b)(3)(A), the B Reactor National Historic Landmark, in the Historical Park. (b) Eligible Areas.--The Historical Park may only be comprised of one or more of the following areas, or portions of the areas, and depicted in the map titled ___ and numbered ____: (1) Oak ridge, tennessee.--Facilities, land, or interests in land that are-- (A) at Buildings 9204-3 and 9731 at the Y-12 National Security Complex; (B) at the X-10 Graphite Reactor at the Oak Ridge National Laboratory; (C) at the K-25 Building site at the East Tennessee Technology Park; and (D) at the former Guest House located at 210 East Madison Road. (2) Los alamos, new mexico.--Facilities, land, or interests in land that are-- (A) in the Los Alamos Scientific Laboratory National Historic Landmark District, or any addition to the Landmark District proposed in the National Historic Landmark Nomination--Los Alamos Scientific Laboratory (LASL) NHL District (Working Draft of NHL Revision), Los Alamos National Laboratory document LA-UR 12-00387 (January 26, 2012); (B) at the former East Cafeteria located at 1670 Nectar Street; and (C) at the former dormitory located at 1725 17th Street. (3) Hanford, washington.--Facilities, land, or interests in land that are-- (A) the B Reactor National Historic Landmark; (B) the Hanford High School in the town of Hanford and Hanford Construction Camp Historic District; (C) the White Bluffs Bank building in the White Bluffs Historic District; (D) the warehouse at the Bruggemann's Agricultural Complex; (E) the Hanford Irrigation District Pump House; and (F) the T Plant (221-T Process Building). (c) Written Consent of Owner.--No non-Federal property may be included in the Historical Park without the written consent of the owner. SEC. 6. AGREEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Energy (acting through the Oak Ridge, Los Alamos, and Richland site offices) shall enter into an agreement governing the respective roles of the Secretary and the Secretary of Energy in administering the facilities, land, or interests in land under the administrative jurisdiction of the Department of Energy that is to be included in the Historical Park under section 5(b), including provisions for enhanced public access, management, interpretation, and historic preservation. (b) Responsibilities of the Secretary.--Any agreement under subsection (a) shall provide that the Secretary shall-- (1) have decisionmaking authority for the content of historic interpretation of the Manhattan Project for purposes of administering the Historical Park; and (2) ensure that the agreement provides an appropriate advisory role for the National Park Service in preserving the historic resources covered by the agreement. (c) Responsibilities of the Secretary of Energy.--Any agreement under subsection (a) shall provide that the Secretary of Energy-- (1) shall ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of the Department of Energy at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site; (2) may consult with and provide historical information to the Secretary concerning the Manhattan Project; (3) shall retain responsibility, in accordance with applicable law, for any environmental remediation that may be necessary in or around the facilities, land, or interests in land governed by the agreement; and (4) shall retain authority and legal obligations for historic preservation and general maintenance, including to ensure safe access, in connection with the Department's Manhattan Project resources. (d) Amendments.--The agreement under subsection (a) may be amended, including to add to the Historical Park facilities, land, or interests in land within the eligible areas described in section 5(b) that are under the jurisdiction of the Secretary of Energy. SEC. 7. PUBLIC PARTICIPATION. (a) In General.--The Secretary shall consult with interested State, county, and local officials, organizations, and interested members of the public-- (1) before executing any agreement under section 6; and (2) in the development of the general management plan under section 8(b). (b) Notice of Determination.--Not later than 30 days after the date on which an agreement under section 6 is entered into, the Secretary shall publish in the Federal Register notice of the establishment of the Historical Park, including an official boundary map. (c) Availability of Map.--The official boundary map published under subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. The map shall be updated to reflect any additions to the Historical Park from eligible areas described in section 5(b). (d) Additions.--Any land, interest in land, or facility within the eligible areas described in section 5(b) that is acquired by the Secretary or included in an amendment to the agreement under section 6(d) shall be added to the Historical Park. SEC. 8. ADMINISTRATION. (a) In General.--The Secretary shall administer the Historical Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) General Management Plan.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary, with the concurrence of the Secretary of Energy, and in consultation and collaboration with the Oak Ridge, Los Alamos and Richland Department of Energy site offices, shall complete a general management plan for the Historical Park in accordance with section 12(b) of Public Law 91-383 (commonly known as the ``National Park Service General Authorities Act'') (16 U.S.C. 1a-7(b)). (c) Interpretive Tours.--The Secretary may, subject to applicable law, provide interpretive tours of historically significant Manhattan Project sites and resources in the States of Tennessee, New Mexico, and Washington that are located outside the boundary of the Historical Park. (d) Land Acquisition.-- (1) In general.--The Secretary may acquire land and interests in land within the eligible areas described in section 5(b) by-- (A) transfer of administrative jurisdiction from the Department of Energy by agreement between the Secretary and the Secretary of Energy; (B) donation; or (C) exchange. (2) No use of condemnation.--The Secretary may not acquire by condemnation any land or interest in land under this Act or for the purposes of this Act. (e) Donations; Cooperative Agreements.-- (1) Federal facilities.-- (A) In general.--The Secretary may enter into one or more agreements with the head of a Federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under the jurisdiction or control of the Federal agency. (B) Donations; cooperative agreements.--The Secretary may accept donations from, and enter into cooperative agreements with, State governments, units of local government, tribal governments, organizations, or individuals to further the purpose of an interagency agreement entered into under subparagraph (A) or to provide visitor services and administrative facilities within reasonable proximity to the Historical Park. (2) Technical assistance.--The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included within the Historical Park. (3) Donations to department of energy.--For the purposes of this Act, or for the purpose of preserving and providing access to historically significant Manhattan Project resources, the Secretary of Energy may accept, hold, administer, and use gifts, bequests, and devises (including labor and services). SEC. 9. CLARIFICATION. (a) No Buffer Zone Created.--Nothing in this Act, the establishment of the Historical Park, or the management plan for the Historical Park shall be construed to create buffer zones outside of the Historical Park. That an activity can be seen and heard from within the Historical Park shall not preclude the conduct of that activity or use outside the Historical Park. (b) No Cause of Action.--Nothing in this Act shall constitute a cause of action with respect to activities outside or adjacent to the established boundary of the Historical Park.

Manhattan Project National Historical Park Act - (Sec. 5) Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in land in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee; Los Alamos, New Mexico; and Hanford, Washington. Requires inclusion of the B Reactor National Historic Landmark in Hanford. (Sec. 6) Directs the Secretary of the Interior (the Secretary) and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under DOE's jurisdiction to be included in the Park. Requires the Secretary under any such agreement to: (1) have decisionmaking authority for the content of the historic interpretation of the Manhattan Project for purposes of administering the Historical Park, and (2) ensure that the agreement provides for an appropriate advisory role for the National Park Service (NPS) in preserving the historic resources covered by the agreement. Requires the DOE Secretary under any such agreement to: (1) ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of DOE at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site; (2) retain responsibility for any necessary environmental remediation; and (3) retain authority and legal obligations for historic preservation and general maintenance. (Sec. 7) Requires the Secretary to consult with interested state, county, and local officials, and members of the public before executing any such agreement and in developing the general management plan. (Sec. 8) Requires the Secretary to develop a general management plan for the Park in consultation and collaboration with the Oak Ridge, Los Alamos, and Richland DOE site offices. Authorizes the Secretary to provide interpretive tours of historically significant Manhattan Project sites and resources that are located outside the boundary of the Park. Prohibits the acquisition by condemnation of any land or interest in land for the purposes of this Act. Authorizes the Secretary to: (1) enter into agreements with federal agencies to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under their control; and (2) accept donations from, and enter into cooperative agreements with, state governments, local governments, tribal governments, organizations, or individuals to further the purpose of such an interagency agreement, or to provide visitor services and administrative facilities within proximity to the Historical Park. Authorizes the Secretary to provide technical assistance to such governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included in the Historical Park. (Sec. 9) Prohibits anything in this Act, the establishment of the Historical Park, or the management plan for the Historical Park from being construed as creating buffer zones outside of the Park. Prohibits anything in this Act from constituting a cause of action respecting activities outside or adjacent to the established boundary of the Park.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Select Agent Program and Biosafety Improvement Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION Sec. 101. Reauthorization of select agent program. Sec. 102. Select agent program review. Sec. 103. Revision of the list of biological agents and toxins. Sec. 104. Sharing information with trusted state partners. Sec. 105. Improvements to inventorying and monitoring of agents. Sec. 106. Smallpox definition clarification. Sec. 107. Plan for surge in samples of biological agents and toxins. TITLE II--BIOSAFETY IMPROVEMENTS Sec. 201. Improvement of oversight of biocontainment laboratories. Sec. 202. Improvement of training for laboratory personnel. Sec. 203. Biological laboratory incident reporting system. SEC. 2. FINDINGS. Congress finds the following: (1) The Centers for Disease Control and Prevention regulates the possession, use, and transfer of select agents and toxins that have the potential to pose a severe threat to public health and safety. (2) The Animal and Plant Health Inspection Service regulates the possession, use, and transfer of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. (3) As of April 2008, there are 72 select agents and toxins, 13 of which are found naturally in the United States. (4) As of April 2008, there are 325 entities registered with the Centers for Disease Control and Prevention to work with select agents and toxins and 75 entities registered with the Animal and Plant Health Inspection Service. There are 9,918 individuals approved to work with select agents and toxins through the Centers for Disease Control and Prevention and 4,336 through the Animal and Plant Health Inspection Service. (5) Biocontainment laboratories are used by scientists to study infectious materials safely and effectively. Laboratory biological research is categorized by the safety level at which it is performed. There are 4 safety levels, termed Biosafety Level (BSL) 1 through 4. TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION SEC. 101. REAUTHORIZATION OF SELECT AGENT PROGRAM. (a) Reauthorization of Select Agent Program.-- (1) Amendment to the public health service act.--Section 351A(m) of the Public Health Service Act (42 U.S.C. 262a(m)) is amended by striking ``2002 through 2007'' and inserting ``2009 through 2013''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(m) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(m)) is amended by striking ``2002 through 2007'' and inserting ``2009 through 2013''. (b) Appropriate Training.-- (1) Amendment to the public health service act.--Section 351A(e)(2)(A) of the Public Health Service Act (42 U.S.C. 262a(e)(2)(A)) is amended by inserting ``, and appropriate training,'' after ``have a legitimate need''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(e)(2)(A) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(e)(2)(A)) is amended by inserting ``, and appropriate training,'' after ``have a legitimate need''. (c) Covered Agencies.-- (1) Amendment to the public health service act.--Section 351A(h)(2)(A) (42 U.S.C. 262a(h)(2)(A)) of the Public Health Service Act is amended by inserting ``the Department of Homeland Security,'' after ``the Department of Agriculture,''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(h)(2)(A) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(2)(A)) is amended by inserting ``the Department of Homeland Security,'' after ``the Department of Agriculture,''. SEC. 102. SELECT AGENT PROGRAM REVIEW. (a) In General.--The Secretary of Health and Human Services, in consultation with the Secretary of Agriculture, shall enter into a contract with the National Academy of Sciences to conduct a review of the select agent program under section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401). Such review shall focus on-- (1) the extent to which the program has enhanced biosecurity and biosafety in the United States; (2) the effects of the program on-- (A) international scientific collaboration; and (B) scientific advances in the United States; and (3) other issues as requested by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Report; Recommendations.--Not later than 240 days after the date of enactment of this Act, the National Academy of Sciences shall submit a report to the Secretary of Health and Human Services, the Secretary of Agriculture, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, and other congressional committees of relevant interest, on the results of the review conducted under subsection (a). Such report shall include recommendations for improving the structure of the select agent program for-- (1) enhancing the biosecurity and biosafety of the United States; (2) eliminating or reducing adverse effects of the program, if any, on-- (A) international scientific collaboration; and (B) scientific advances in the United States; and (3) other issues as requested by the Secretary of Health and Human Services and the Secretary of Agriculture. SEC. 103. REVISION OF THE LIST OF BIOLOGICAL AGENTS AND TOXINS. (a) Amendment to the Public Health Service Act.--Section 351A(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C. 262a(a)(1)(B)(i)) is amended-- (1) in subclause (III), by striking ``; and'' and inserting a semicolon; (2) by redesignating subclause (IV) as subclause (VII); and (3) by inserting after subclause (III) the following: ``(IV) whether the agent or toxin is endemic to the United States, as defined by the Secretary; ``(V) information available from biological risk assessments conducted by the Department of Homeland Security; ``(VI) newly discovered agents of disease, including genetically modified organisms or agents created synthetically; and''. (b) Amendment to the Agricultural Bioterrorism Protection Act of 2002.--Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended-- (1) in subclause (III), by striking ``; and'' and inserting a semicolon; (2) by redesignating subclause (IV) as subclause (VII); and (3) by inserting after subclause (III) the following: ``(IV) whether the agent or toxin is endemic to the United States, as defined by the Secretary; ``(V) information available from biological risk assessments conducted by the Department of Homeland Security; ``(VI) newly discovered agents of disease, including genetically modified organisms or agents created synthetically; and''. (c) Rule of Construction.--The amendments made by subsections (a) and (b) shall not be construed to preclude the listing of a biological agent or toxin that is endemic to the United States. SEC. 104. SHARING INFORMATION WITH TRUSTED STATE PARTNERS. (a) Amendment to the Public Health Service Act.--Section 351A(h)(5) of the Public Health Service Act (42 U.S.C. 262a(h)(5)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period and inserting ``; or''; and (3) by inserting at the end the following: ``(C) to withhold information regarding a State that will assist with the State's emergency preparedness planning from the health director (or equivalent State official) of such State, if such State has in place a law to protect against the further release of such information as determined by the Secretary.''. (b) Amendment to the Agricultural Bioterrorism Protection Act of 2002.--Section 212(h)(5) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(5)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period and inserting ``; or''; and (3) by inserting at the end the following: ``(C) to withhold information regarding a State that will assist with the State's emergency preparedness planning from an elected or appointed senior State agricultural official or equivalent State official (such as a State veterinarian or a State plant health regulatory official) of such State, if such State has in place a law to protect against the further release of such information as determined by the Secretary.''. SEC. 105. IMPROVEMENTS TO INVENTORYING AND MONITORING OF AGENTS. (a) Improved Method to Inventory and Monitor Listed Biological Agents.--Not later than 180 days after enactment of this Act, the Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, and in consultation with individuals with appropriate scientific expertise, shall issue guidance on inventorying and monitoring the biological agents listed under section 351A(a)(1) of the Public Health Service Act (42 U.S.C. 262a(a)(1)) and the biological agents listed under section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)). (b) Considerations.--In issuing the guidance under subsection (a), the Secretaries shall consider-- (1) the effectiveness of measures to inventory and monitor listed biological agents that can propagate relative to the burden of these measures on laboratory personnel; (2) qualitative and quantitative control procedures for such listed agents, rather than only quantitative control procedures; and (3) in what situations registered persons are required to keep inventory records. SEC. 106. SMALLPOX DEFINITION CLARIFICATION. Not later than 90 days after the date of enactment of this Act, the Attorney General, in coordination with the Secretary of Health and Human Services, shall issue public guidance regarding how the Attorney General interprets the scope of the statutory definition of ``variola virus'' in section 175c of title 18, United States Code. SEC. 107. PLAN FOR SURGE IN SAMPLES OF BIOLOGICAL AGENTS AND TOXINS. The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture and State officials, shall develop and disseminate guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins (as such terms are defined in section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401)) may be rapidly accessed and utilized during emergencies in which laboratories and laboratory personnel that regularly test for such agents and toxins are overwhelmed by a surge of samples of such listed agents and toxins. TITLE II--BIOSAFETY IMPROVEMENTS SEC. 201. IMPROVEMENT OF OVERSIGHT OF BIOCONTAINMENT LABORATORIES. (a) Definition.--For purposes of this section, the term ``high containment biological laboratory'' means a laboratory that has Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Evaluation.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, and in consultation with the Secretary of Defense and the Secretary of Homeland Security (referred to in this section as the ``Secretaries'') shall, either directly or through a contract, evaluate national needs of, and oversight of, high containment biological laboratories. (c) Considerations.--In conducting the evaluation under subsection (b), the Secretaries shall consider-- (1) whether the construction of high containment biological laboratories that are in existence or planned as of the date of enactment of this Act, is likely to provide sufficient capacity for the needs of Government biodefense and infectious disease research; (2) how laboratory capacity and lessons learned can be best shared across the biodefense and infectious disease research communities, domestically and internationally; (3) whether guidance on laboratory infrastructure, commissioning, operation, and maintenance of such laboratories is adequate, and if such guidance is found to be inadequate, how to improve and streamline such guidance; and (4) ways to improve and streamline the training of the personnel of such laboratories, including recommendations regarding the minimum standards for laboratory biosafety and biosecurity training under section 202. (d) Report to Congress.--Not later than 240 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the findings and recommendations from the evaluation under this section. SEC. 202. IMPROVEMENT OF TRAINING FOR LABORATORY PERSONNEL. (a) Definition.--For purposes of this section, the term ``high containment biological laboratory'' means a laboratory that has Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Development of Minimum Standards.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, and in coordination with the Secretary of Agriculture and scientific experts representing appropriate professional groups and international health organizations, shall develop minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories. In developing such standards, the Secretary of Health and Human Services shall consider existing laboratory guidelines and training modules. (c) Requirement for Approval.--A person may not register with the Secretary of Health and Human Services or the Secretary of Agriculture for the possession, use, or transfer of listed agents in accordance with section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401) unless the person provides to its appropriate personnel biosafety and biosecurity training that meets the minimum standards under subsection (b) in addition to any other requirements determined appropriate by the Secretary of Health and Human Services or the Secretary of Agriculture. (d) Dissemination.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, may disseminate the minimum standards under subsection (b) for voluntary use, such as when use is not required under subsection (b), in laboratories and academic programs in the United States and in other countries. SEC. 203. BIOLOGICAL LABORATORY INCIDENT REPORTING SYSTEM. (a) In General.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, (referred to in this section as the ``Secretaries'') shall establish an integrated Biological Laboratory Incident Reporting System through which personnel of biological laboratories may voluntarily report biosafety or biosecurity incidents of concern and the Secretaries may identify trends in such incidents and protocols for biosafety or biosecurity improvements. In developing such reporting system, the Secretaries shall consider options for integrating existing voluntary and required reporting mechanisms. (b) Functions.--In implementing the reporting system under subsection (a), the Secretaries shall enter into a contract with a public or private entity that does not regulate biological laboratories to administer the reporting system. Such entity shall-- (1) receive and process incident reports; (2) analyze, interpret incident data, and identify incident trends; (3) issue alert messages within an appropriate time period; (4) disseminate reports and other appropriate information, which shall not include facility-specific information; (5) not have authority to direct corrective action or to initiate enforcement action; (6) ensure anonymity of individuals reporting to the system, to the extent permitted by law; and (7) conduct other activities as requested by the Secretaries.

Select Agent Program and Biosafety Improvement Act of 2008 - Amends the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 to reauthorize appropriations for the Select Agent Program, which lists and controls biological agents and toxins that have the potential to pose a severe threat to public health and safety. Requires appropriate training of individuals handling or using such agents and toxins. Includes the Department of Homeland Security (DHS) among the federal agencies limited in the disclosure of information related to listed agents or toxins. Requires the Secretary of Health and Human Services to contract with the National Academy of Sciences to review and make recommendations for improving the Select Agent Program. Sets forth additional factors that the Secretary must consider in determining whether to list an agent or toxin, including whether the agent or toxin is endemic to the United States. Requires the Secretary to issue guidance on inventorying and monitoring listed biological agents. Directs the Attorney General to issue guidance regarding the scope of the statutory definition of "variola virus." Requires the Secretary to: (1) develop guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins may be rapidly accessed and utilized during emergencies; and (2) evaluate national needs of, and oversight of, high containment biological laboratories. Provides for the development of minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories. Requires the Secretary to establish a Biological Laboratory Incident Reporting System.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent and Trademark Office Authorization Act of 2002''. SEC. 2. AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT AND TRADEMARK OFFICE. (a) In General.--There are authorized to be appropriated to the United States Patent and Trademark Office for salaries and necessary expenses for each of the fiscal years 2003 through 2008 an amount equal to the fees estimated by the Secretary of Commerce to be collected in each such fiscal year, respectively, under-- (1) title 35, United States Code; and (2) the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as the Trademark Act of 1946). (b) Estimates.--Not later than February 15, of each fiscal year, the Undersecretary of Commerce for Intellectual Property and the Director of the Patent and Trademark Office (in this Act referred to as the Director) shall submit an estimate of all fees referred to under subsection (a) to be collected in the next fiscal year to the chairman and ranking member of-- (1) the Committees on Appropriations and Judiciary of the Senate; and (2) the Committees on Appropriations and Judiciary of the House of Representatives. SEC. 3. ELECTRONIC FILING AND PROCESSING OF PATENT AND TRADEMARK APPLICATIONS. (a) Electronic Filing and Processing.--Not later than December 1, 2004, the Director shall complete the development of an electronic system for the filing and processing of patent and trademark applications, that-- (1) is user friendly; and (2) includes the necessary infrastructure to-- (A) allow examiners and applicants to send all communications electronically; and (B) allow the Office to process, maintain, and search electronically the contents and history of each application. (b) Authorization of Appropriations.--Of amounts authorized under section 2, there are authorized to be appropriated to carry out subsection (a) of this section not more than $50,000,000 for each of fiscal years 2003 and 2004. Amounts made available under this subsection shall remain available until expended. SEC. 4. ANNUAL REPORTS ON STRATEGIC PLAN. In each of the 5 calendar years following the date of enactment of this Act, the Secretary of Commerce shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives on-- (1) the progress made in implementing the 21st Century Strategic Plan issued on June 3, 2002; and (2) any amendments made to the plan. SEC. 5. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF PATENTABILITY IN REEXAMINATION PROCEEDINGS. (a) In General.--Sections 303(a) and 312(a) of title 35, United States Code, are each amended by adding at the end the following: ``The existence of a substantial new question of patentability is not precluded by the fact that a patent or printed publication was previously cited by or to the Office or considered by the Office.''. (b) Effective Date.--The amendments made by this section shall apply with respect to any determination of the Director of the United States Patent and Trademark Office that is made under section 303(a) or 312(a) of title 35, United States Code, on or after the date of the enactment of this Act. SEC. 6. APPEALS IN INTER PARTES REEXAMINATION PROCEEDINGS. (a) Appeals by Third-Party Requester in Proceedings.--Section 315(b) of title 35, United States Code, is amended to read as follows: ``(b) Third-Party Requester.--A third-party requester-- ``(1) may appeal under the provisions of section 134, and may appeal under the provisions of sections 141 through 144, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; and ``(2) may, subject to subsection (c), be a party to any appeal taken by the patent owner under the provisions of section 134 or sections 141 through 144.''. (b) Appeal to Board of Patent Appeals and Interferences.--Section 134(c) of title 35, United States Code, is amended by striking the last sentence. (c) Appeal to Court of Appeals for the Federal Circuit.--Section 141 of title 35, United States Code, is amended in the third sentence by inserting ``, or a third-party requester in an inter partes reexamination proceeding, who is'' after ``patent owner''. (d) Effective Date.--The amendments made by this section apply with respect to any reexamination proceeding commenced on or after the date of the enactment of this Act. Passed the Senate June 26, 2002. Attest: Secretary. 107th CONGRESS 2d Session S. 1754 _______________________________________________________________________ AN ACT To authorize appropriations for the United States Patent and Trademark Office for fiscal years 2003 through 2008, and for other purposes.

Patent and Trademark Office Authorization Act of 2002 - Authorizes appropriations to the U.S. Patent and Trademark Office for salaries and expenses for FY 2003 through 2008 in an amount equal to all patent and trademark fees estimated by the Secretary of Commerce (Secretary) to be collected in each such fiscal year.(Sec. 2) Requires the Under Secretary of Commerce for Intellectual Property and the Director of the Office (Director), by February 15 of each fiscal year, to report an estimate of all fees to be collected in the next fiscal year to the chairman and ranking member of specified congressional committees.(Sec. 3) Requires the Director, by December 1, 2004, to complete the development of an electronic system for the filing and processing of patent and trademark applications that: (1) is user friendly; and (2) includes the necessary infrastructure to allow examiners and applicants to send all communications electronically, and the Office to process, maintain, and search electronically the contents and history of each application. Authorizes appropriations for FY 2003 and 2004 for development of such system.(Sec. 4) Requires the Secretary, in each of the five calendar years following the enactment of this Act, to report to specified congressional committees on the progress made in implementing the 21st Century Strategic Plan issued on June 3, 2002, and on any amendments made to it.(Sec. 5) Amends Federal patent law to provide that previous citation by or to, or consideration by the Office of, a patent or printed publication does not preclude the existence of a substantial new question of patentability in patent reexamination proceedings.(Sec. 6) Revises requirements for appeals in inter partes reexamination proceedings to allow a third-party requester to appeal to the U.S. Court of Appeals for the Federal Circuit, or be a party to any appeal taken by the patent owner, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent.Allows a third-party requester to appeal a decision of the Board of Patent Appeals and Interferences.Provides that a third-party requester in an inter partes reexamination proceeding dissatisfied with the final decision in an appeal to the Board may appeal the decision only to the U.S. Court of Appeals for the Federal Circuit.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Coverage Tax Credit Extension Act of 2015''. SEC. 2. EXTENSION AND MODIFICATION OF HEALTH COVERAGE TAX CREDIT. (a) Extension.--Subparagraph (B) of section 35(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``before January 1, 2014'' and inserting ``before January 1, 2020''. (b) Coordination With Credit for Coverage Under a Qualified Health Plan.--Subsection (g) of section 35 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating paragraph (11) as paragraph (13), and (2) by inserting after paragraph (10) the following new paragraphs: ``(11) Election.-- ``(A) In general.--A taxpayer may elect to have this section apply for any eligible coverage month. ``(B) Timing and applicability of election.--Except as the Secretary may provide-- ``(i) an election to have this section apply for any eligible coverage month in a taxable year shall be made not later than the due date (including extensions) for the return of tax for the taxable year, and ``(ii) any election for this section to apply for an eligible coverage month shall apply for all subsequent eligible coverage months in the taxable year and, once made, shall be irrevocable with respect to such months. ``(12) Coordination with premium tax credit.-- ``(A) In general.--An eligible coverage month to which the election under paragraph (11) applies shall not be treated as a coverage month (as defined in section 36B(c)(2)) for purposes of section 36B with respect to the taxpayer. ``(B) Coordination with advance payments of premium tax credit.--In the case of a taxpayer who makes the election under paragraph (11) with respect to any eligible coverage month in a taxable year or on behalf of whom any advance payment is made under section 7527 with respect to any month in such taxable year-- ``(i) the tax imposed by this chapter for the taxable year shall be increased by the excess, if any, of-- ``(I) the sum of any advance payments made on behalf of the taxpayer under section 1412 of the Patient Protection and Affordable Care Act and section 7527 for months during such taxable year, over ``(II) the sum of the credits allowed under this section (determined without regard to paragraph (1)) and section 36B (determined without regard to subsection (f)(1) thereof) for such taxable year, and ``(ii) section 36B(f)(2) shall not apply with respect to such taxpayer for such taxable year, except that if such taxpayer received any advance payments under section 7527 for any month in such taxable year and is later allowed a credit under section 36B for such taxable year, then section 36B(f)(2) shall be applied by substituting the amount determined under clause (i) for the amount determined under section 36B(f)(2)(A).''. (c) Extension of Advance Payment Program.-- (1) In general.--Subsection (a) of section 7527 of the Internal Revenue Code of 1986 is amended by striking ``August 1, 2003'' and inserting ``the date that is 1 year after the date of the enactment of the Health Coverage Tax Credit Extension Act of 2015''. (2) Conforming amendment.--Paragraph (1) of section 7527(e) of such Code is amended by striking ``occurring'' and all that follows and inserting ``occurring-- ``(A) after the date that is 1 year after the date of the enactment of the Health Coverage Tax Credit Extension Act of 2015, and ``(B) prior to the first month for which an advance payment is made on behalf of such individual under subsection (a).''. (d) Individual Insurance Treated as Qualified Health Insurance Without Regard to Enrollment Date.-- (1) In general.--Subparagraph (J) of section 35(e)(1) of the Internal Revenue Code of 1986 is amended by striking ``insurance if the eligible individual'' and all that follows through ``For purposes of'' and inserting ``insurance. For purposes of''. (2) Special rule.--Subparagraph (J) of section 35(e)(1) of such Code, as amended by paragraph (1), is amended by striking ``insurance.'' and inserting ``insurance (other than coverage enrolled in through an Exchange established under the Patient Protection and Affordable Care Act).''. (e) Conforming Amendment.--Subsection (m) of section 6501 of the Internal Revenue Code of 1986 is amended by inserting ``, 35(g)(11)'' after ``30D(e)(4)''. (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to coverage months in taxable years beginning after December 31, 2013. (2) Plans available on individual market for use of tax credit.--The amendment made by subsection (d)(2) shall apply to coverage months in taxable years beginning after December 31, 2015. (3) Transition rule.--Notwithstanding section 35(g)(11)(B)(i) of the Internal Revenue Code of 1986 (as added by this Act), an election to apply section 35 of such Code to an eligible coverage month (as defined in section 35(b) of such Code) (and not to claim the credit under section 36B of such Code with respect to such month) in a taxable year beginning after December 31, 2013, and before the date of the enactment of this Act-- (A) may be made at any time on or after such date of enactment and before the expiration of the 3-year period of limitation prescribed in section 6511(a) with respect to such taxable year; and (B) may be made on an amended return. SEC. 3. AGENCY OUTREACH. As soon as possible after the date of the enactment of this Act, the Secretaries of the Treasury, Health and Human Services, and Labor (or such Secretaries' delegates) and the Director of the Pension Benefit Guaranty Corporation (or the Director's delegate) shall carry out programs of public outreach, including on the Internet, to inform potential eligible individuals (as defined in section 35(c)(1) of the Internal Revenue Code of 1986) of the extension of the credit under section 35 of the Internal Revenue Code of 1986 and the availability of the election to claim such credit retroactively for coverage months beginning after December 31, 2013.

Health Coverage Tax Credit Extension Act of 2015 This bill extends the tax credit for health insurance costs of a taxpayer and qualifying family members through 2019. The tax credit for health insurance costs is a refundable tax credit equal to 72.5% of the cost of qualified health coverage paid by an eligible individual [defined as an individual who is receiving a trade adjustment allowance, is eligible for the alternative trade adjustment assistance program, or is over age 55 and receives pension benefits from the Pension Benefit Guaranty Corporation (PBGC)]. The bill requires a taxpayer to make an election to have the tax credit apply for any eligible coverage month during a taxable year. An eligible coverage month is a month in which an eligible individual is covered by qualified health insurance, does not have other specified coverage, and is not imprisoned. The bill also directs the Departments of the Treasury, Health and Human Services, and Labor and the PBGC to conduct a public outreach, including on the Internet, to inform individuals eligible for the tax credit for health insurance costs on the extension of such credit and the availability of the election to claim such credit retroactively for coverage months beginning after December 31, 2013.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Unintended Pregnancy Reduction Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Rates of unintended pregnancy in the United States increased by nearly 30 percent among low-income women between 1994 and 2002, and a low-income woman today is 4 times as likely to have an unintended pregnancy as her higher income counterpart. (2) Abortion rates decreased among higher income women but increased among low income women between 1994 and 2002, and a low income woman is more than 4 times as likely to have an abortion as her higher income counterpart. (3) Contraceptive use reduces a woman's probability of having an abortion by 85 percent. (4) Levels of contraceptive use among low-income women at risk of unintended pregnancy declined significantly between 1994 and 2002, from 92 percent to 86 percent. (5) Publicly funded contraceptive services have been shown to prevent 1,300,000 unintended pregnancies each year, and in the absence of these services the United States abortion rate would likely be 40 percent higher than it is. (6) By helping couples avoid unintended pregnancy, Medicaid-funded contraceptive services are highly cost- effective, and every public dollar spent on family planning saves $3 in the cost of pregnancy-related care alone. (7) Federal law requires State Medicaid programs to cover pregnancy-related care for women with incomes up to 133 percent of poverty, and 17 States have expanded this coverage to women with incomes up to 200 percent of poverty. (8) 18 States have expanded Medicaid coverage for family planning services to the same level at which they provide Medicaid funded pregnancy-related care. (9) Equalizing the eligibility levels for family planning and pregnancy-related care nationwide would maximize the cost- savings to both the Federal and State Governments. (10) A woman should have equal access to contraceptive services to help prevent an unintended pregnancy and to pregnancy-related care if she does become pregnant. SEC. 3. CLARIFICATION OF COVERAGE OF FAMILY PLANNING SERVICES AND SUPPLIES. Section 1937(b) of the Social Security Act (42 U.S.C. 1396u-7(b)) is amended by adding at the end the following: ``(5) Coverage of family planning services and supplies.-- Notwithstanding the previous provisions of this section, a State may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark- equivalent coverage under this section unless that coverage includes family planning services and supplies as described in section 1905(a)(4)(C).''. SEC. 4. EXPANSION OF FAMILY PLANNING SERVICES. (a) Coverage as Mandatory Categorically Needy Group.-- (1) In general.--Section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended-- (A) in subclause (VI), by striking ``or'' at the end; (B) in subclause (VII), by adding ``or'' at the end; and (C) by adding at the end the following new subclause: ``(VIII) who are described in subsection (dd) (relating to individuals who meet the income standards for pregnant women);''. (2) Group described.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection: ``(dd)(1) Individuals described in this subsection are individuals who-- ``(A) meet at least the income eligibility standards established under the State plan as of May 1, 2006, for pregnant women or such higher income eligibility standard for such women as the State may establish; and ``(B) are not pregnant. ``(2) At the option of a State, individuals described in this subsection may include individuals who are determined to meet the income eligibility standards referred to in paragraph (1)(A) under the terms and conditions applicable to making eligibility determinations for medical assistance under this title under a waiver to provide the benefits described in clause (XV) of the matter following subparagraph (G) of section 1902(a)(10) granted to the State under section 1115 as of May 1, 2006.''. (3) Limitation on benefits.--Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in the matter following subparagraph (G)-- (A) by striking ``and (XIV)'' and inserting ``(XIV)''; and (B) by inserting ``, and (XV) the medical assistance made available to an individual described in subsection (dd) who is eligible for medical assistance only because of subparagraph (A)(10)(i)(VIII) shall be limited to family planning services and supplies described in 1905(a)(4)(C) and, at the State's option, medical diagnosis or treatment services that are provided in conjunction with a family planning service in a family planning setting provided during the period in which such an individual is eligible;'' after ``cervical cancer''. (4) Conforming amendments.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended in the matter preceding paragraph (1)-- (A) in clause (xii), by striking ``or'' at the end; (B) in clause (xii), by adding ``or'' at the end; and (C) by inserting after clause (xiii) the following: ``(xiv) individuals described in section 1902(dd),''. (b) Presumptive Eligibility.-- (1) In general.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1920B the following: ``presumptive eligibility for family planning services ``Sec. 1920C. (a) State Option.--A State plan approved under section 1902 may provide for making medical assistance available to an individual described in section 1902(dd) (relating to individuals who meet the income eligibility standard for pregnant women in the State) during a presumptive eligibility period. In the case of an individual described in section 1902(dd) who is eligible for medical assistance only because of subparagraph (A)(10)(i)(VIII), such medical assistance may be limited to family planning services and supplies described in 1905(a)(4)(C) and, at the State's option, medical diagnosis or treatment services that are provided in conjunction with a family planning service in a family planning setting provided during the period in which such an individual is eligible. ``(b) Definitions.--For purposes of this section: ``(1) Presumptive eligibility period.--The term `presumptive eligibility period' means, with respect to an individual described in subsection (a), the period that-- ``(A) begins with the date on which a qualified entity determines, on the basis of preliminary information, that the individual is described in section 1902(dd); and ``(B) ends with (and includes) the earlier of-- ``(i) the day on which a determination is made with respect to the eligibility of such individual for services under the State plan; or ``(ii) in the case of such an individual who does not file an application by the last day of the month following the month during which the entity makes the determination referred to in subparagraph (A), such last day. ``(2) Qualified entity.-- ``(A) In general.--Subject to subparagraph (B), the term `qualified entity' means any entity that-- ``(i) is eligible for payments under a State plan approved under this title; and ``(ii) is determined by the State agency to be capable of making determinations of the type described in paragraph (1)(A). ``(B) Regulations.--The Secretary may issue regulations further limiting those entities that may become qualified entities in order to prevent fraud and abuse and for other reasons. ``(C) Rule of construction.--Nothing in this paragraph shall be construed as preventing a State from limiting the classes of entities that may become qualified entities, consistent with any limitations imposed under subparagraph (B). ``(c) Administration.-- ``(1) In general.--The State agency shall provide qualified entities with-- ``(A) such forms as are necessary for an application to be made by an individual described in subsection (a) for medical assistance under the State plan; and ``(B) information on how to assist such individuals in completing and filing such forms. ``(2) Notification requirements.--A qualified entity that determines under subsection (b)(1)(A) that an individual described in subsection (a) is presumptively eligible for medical assistance under a State plan shall-- ``(A) notify the State agency of the determination within 5 working days after the date on which determination is made; and ``(B) inform such individual at the time the determination is made that an application for medical assistance is required to be made by not later than the last day of the month following the month during which the determination is made. ``(3) Application for medical assistance.--In the case of an individual described in subsection (a) who is determined by a qualified entity to be presumptively eligible for medical assistance under a State plan, the individual shall apply for medical assistance by not later than the last day of the month following the month during which the determination is made. ``(d) Payment.--Notwithstanding any other provision of this title, medical assistance that-- ``(1) is furnished to an individual described in subsection (a)-- ``(A) during a presumptive eligibility period; ``(B) by a entity that is eligible for payments under the State plan; and ``(2) is included in the care and services covered by the State plan, shall be treated as medical assistance provided by such plan for purposes of clause (4) of the first sentence of section 1905(b).''. (2) Conforming amendments.-- (A) Section 1902(a)(47) of the Social Security Act (42 U.S.C. 1396a(a)(47)) is amended by inserting before the semicolon at the end the following: ``and provide for making medical assistance available to individuals described in subsection (a) of section 1920C during a presumptive eligibility period in accordance with such section.''. (B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C. 1396b(u)(1)(D)(v)) is amended-- (i) by striking ``or for'' and inserting ``, for''; and (ii) by inserting before the period the following: ``, or for medical assistance provided to an individual described in subsection (a) of section 1920C during a presumptive eligibility period under such section''. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in paragraph (2), the amendments made by this Act take effect on October 1, 2006. (b) 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 Act, 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.

Unintended Pregnancy Reduction Act of 2006 - Amends title XIX (Medicaid) of the Social Security Act to: (1) prohibit a state from providing for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage unless it includes certain family planning services and supplies; (2 ) include women who are not pregnant but who meet certain income eligibility standards in a mandatory categorically needy group for family planning services purposes; and (3) allow a state Medicaid plan to provide for making medical assistance available to such individuals during a presumptive eligibility period.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuels Pipelines Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) creating the appropriate infrastructure to move renewable fuels is a necessary energy and transportation objective for the United States; (2) as of the date of enactment of this Act, more than 70 percent of the gasoline supply of the United States is delivered to local terminals through pipelines; (3) pipelines are the most cost-effective, efficient, and safe transportation mode in use in 2009 to deliver large volumes of liquid fuels; (4) as of the date of enactment of this Act, renewable fuels are transported by truck, barge, and rail, and the volume requirements of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.), and the amendments made by that Act, will require an expansion of the renewable fuels infrastructure; (5) the transportation of renewable fuels through a pipeline will facilitate the meeting of the volume requirements of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.) and the amendments made by that Act; and (6) the production and use of renewable fuels is supported by Federal policy and a corresponding Federal policy is necessary to support the construction of an appropriate infrastructure to transport those fuels. SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following: ``(6) Renewable fuel.--The term `renewable fuel' has the meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as in effect on January 1, 2009, except that the term includes ethanol and biodiesel. ``(7) Renewable fuel pipeline.--The term `renewable fuel pipeline' means a common carrier pipeline for transporting renewable fuel in accordance with this title.''. (b) Specific Appropriation or Contribution.--Section 1702(b) of the Energy Policy Act of 2005 (42 U.S.C. 16512(b)) is amended by striking ``No'' and inserting ``Except with respect to a project described in section 1703(f), no''. (c) Amount.--Section 1702(c) of the Energy Policy Act of 2005 (42 U.S.C. 16512(c)) is amended-- (1) by striking ``(c) Amount.--Unless'' and inserting the following: ``(c) Amount.-- ``(1) In general.--Unless''; and (2) by adding at the end the following: ``(2) Renewable fuel pipelines.--With respect to a project described in section 1703(f)-- ``(A) a guarantee by the Secretary shall not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of the guarantee, as estimated at the time at which the guarantee is issued; and ``(B) the Secretary may make more than 1 guarantee for the project, to the extent that the sum of all guarantees for the project does not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of the guarantees, as estimated any time after the original guarantee is issued.''. (d) Eligible Projects.--Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended by adding at the end the following: ``(f) Renewable Fuel Pipelines.-- ``(1) In general.--The Secretary may make guarantees under this title for projects to construct renewable fuel pipelines without regard to any limitation imposed by this section other than a limitation imposed by this subsection. ``(2) Guarantee determinations.--In determining whether to make a guarantee for a project described in paragraph (1), the Secretary shall consider the following: ``(A) The volume of renewable fuel to be moved by the renewable fuel pipeline. ``(B) The size of the markets to be served by the renewable fuel pipeline. ``(C) The existence of sufficient storage to facilitate access to the markets to be served by the renewable fuel pipeline. ``(D) The proximity of the renewable fuel pipeline to renewable fuel production facilities. ``(E) The investment in terminal infrastructure of the entity carrying out the proposed project to construct a renewable fuel pipeline. ``(F) The history and experience working with renewable fuel of the entity carrying out the proposed project to construct a renewable fuel pipeline. ``(G) The ability of the entity carrying out the proposed project to construct a renewable fuel pipeline to ensure and maintain the quality of the renewable fuel through the terminal system of the entity and through the dedicated pipeline system. ``(H) The ability of the entity carrying out the proposed project to construct a renewable fuel pipeline to complete such proposed project in a timely manner. ``(I) The ability of the entity carrying out the proposed project to construct a renewable fuel pipeline to secure property rights-of-way. ``(J) Other criteria the Secretary determines appropriate for consideration. ``(3) Loan guarantee for preliminary stage.-- ``(A) In general.--The Secretary-- ``(i) shall evaluate a project to assemble a renewable fuel pipeline under this title as a complete project; but ``(ii) as a result of the size and nature of the project, the Secretary may make a guarantee under this title for an initial loan to assemble the renewable fuel pipeline at a preliminary stage in the loan approval process for the complete project. ``(B) Amount.--The amount of a loan that is guaranteed at the preliminary stage of a renewable fuel pipeline project under this paragraph-- ``(i) shall not exceed 2 percent of the total amount of loan guarantees made for the complete project; and ``(ii) shall be incorporated into the total amount of loan guarantees made for the complete project. ``(C) Required information.--To be eligible to obtain a loan guarantee at the preliminary stage of a renewable fuel pipeline project under this paragraph, the applicant shall provide to the Secretary-- ``(i) a route description for the project, including a centerline map of the proposed pipeline route subject to field verification and right-of-way acquisition (with a margin of error of 10 miles); ``(ii) a construction cost estimate and schedule for completion of the project; ``(iii) an environmental review of the impact of the project on sensitive areas, including likely mitigation strategies and a plan for conducting the necessary environmental impact statements; and ``(iv) a business plan that includes-- ``(I) a market assessment; ``(II) an economic analysis; and ``(III) an analysis of any required pipeline connections to biorefineries, terminal locations, and other terminal connections. ``(D) Supporting information.--In making a loan guarantee at the preliminary stage of a renewable fuel pipeline project under this paragraph, the Secretary shall consider whether an applicant provides to the Secretary-- ``(i) a comprehensive project plan that includes a full work plan; ``(ii) a full engineering summary; ``(iii) a detailed assessment of the ability of the applicant to complete the project in a timely manner; ``(iv) a right of way acquisition plan; ``(v) appropriate environmental studies; and ``(vi) a plan for acquiring necessary permits. ``(4) Eminent domain.-- ``(A) In general.--Subject to subparagraph (B), the Secretary may provide to the owner of a renewable fuel pipeline under this title the same rights of eminent domain that the Federal Energy Regulatory Commission is authorized to provide to a natural gas company under section 7(h) of the Natural Gas Act (15 U.S.C. 717f(h)). ``(B) Certificate of public convenience and necessity.--An owner of a renewable fuel pipeline under this title shall not be required to hold a certificate of public convenience and necessity, or any comparable certificate, to exercise the rights of eminent domain under this title. ``(5) Renewable fuel pipeline ratemaking methodology.-- Consistent with the ratemaking methodology used for a natural gas company under the Natural Gas Act (15 U.S.C. 717 et seq.), the Federal Energy Regulatory Commission shall have jurisdiction over the ratemaking methodology used for renewable fuel transported by pipeline.''. (e) Authorization of Appropriations.--Section 1704 of the Energy Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end the following: ``(c) Authorization of Appropriations.--There is authorized to be appropriated such sums as are necessary to provide up to $5,000,000,000 in loan guarantees under this title for projects described in section 1703(f).''. (f) Temporary Program for Rapid Deployment of Renewable Energy and Electric Power Transmission Projects.--Section 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at the end the following: ``(4) Renewable fuel pipelines.''. SEC. 4. FINAL RULE. Not later than 90 days after the date of the enactment of this Act, the Secretary of Energy shall-- (1) publish in the Federal Register a final rule for carrying out a guarantee program for the construction of renewable fuel pipelines under title XVII of the Energy Policy Act of 2005 (22 U.S.C. 16511 et seq.) in accordance with the amendments made by this Act; or (2) modify rules and regulations applicable as of the date of enactment of this Act to the guarantee program under that title in accordance with the amendments made by this Act.

Renewable Fuels Pipelines Act of 2009 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel. Allows a maximum guarantee by the Secretary of Energy of 90% of the pipeline project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%). Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities. Authorizes the Secretary to evaluate a project to assemble a renewable fuel pipeline as a complete project and, as a result of the size and nature of the project, to make a guarantee for an initial loan at a preliminary stage in the loan approval process for the complete project.

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SECTION 1. TAXATION OF UNITED STATES CRUISE INDUSTRY INCOME OF NONRESIDENT ALIENS AND FOREIGN CORPORATIONS. (a) United States Cruise Industry Income Treated as Effectively Connected to the Conduct of a Trade or Business Within the United States.-- (1) Income from sources without the united states.-- (A) In general.--Paragraph (4) of section 864(c) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ``(D) United states cruise industry income.-- ``(i) In general.--United States cruise industry income shall be treated as effectively connected with the conduct of a trade or business within the United States. ``(ii) United states cruise industry income.--For purposes of this subparagraph, the term `United States cruise industry income' means income attributable to any covered passenger cruise (as defined in paragraph (8)), including income directly or indirectly attributable to the carriage of passengers and any on-board or off-board activities incidental to such covered passenger cruise.''. (B) Covered passenger cruise.--Subsection (c) of section 864 of such Code is amended by adding at the end the following new paragraph: ``(8) Covered passenger cruise.--For purposes of paragraph (4)(C)-- ``(A) Definition.-- ``(i) In general.--The term `covered passenger cruise' means a voyage of a commercial passenger cruise vessel-- ``(I) that extends over 1 or more nights, and ``(II) during which passengers embark or disembark the vessel in the United States. ``(ii) Exceptions for certain voyages.-- Such term shall not include any voyage-- ``(I) on any vessel owned or operated by the United States, a State, or any subdivision thereof, ``(II) which occurs exclusively on the inland waterways of the United States, or ``(III) in which a vessel in the usual course of employment proceeds, without an intervening foreign port of call from one port or place in the United States to the same port or place or to another port or place in the United States. ``(B) Passenger cruise vessel.--For purposes of subparagraph (A)-- ``(i) In general.--The term `passenger cruise vessel' means any passenger vessel having berth or stateroom accommodations for at least 250 passengers. ``(ii) Exceptions.--Such term shall not include any ferry, recreational vessel, sailing school vessel, small passenger vessel, offshore supply vessel, or any other vessel determined under regulations by the Secretary to be excluded from the application of this part. ``(iii) Definitions.--Any term used in this section which is used in chapter 21 of title 46, United States Code, shall have the meaning given such term under section 2101 of such title.''. (C) Conforming amendment.--Subparagraph (A) of section 864(c)(4) of such Code is amended by striking ``subparagraphs (B) and (C)'' and inserting ``subparagraphs (B), (C), and (D)''. (2) Income from sources within the united states.-- Paragraph (4) of section 887(b) of such Code is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to with respect to any United States source gross transportation income which is United States cruise industry income (as defined in section 864(c)(4)(C)(ii)).''. (b) Repeal of Exemption From Gross Income for Certain Taxpayers.-- (1) Nonresident aliens.--Paragraph (1) of section 872(b) of the Internal Revenue Code of 1986 is amended by inserting ``(other than United States cruise industry income (as defined in section 864(c)(4)(C)))'' after ``or ships''. (2) Foreign corporations.--Paragraph (1) of section 883(a) of such Code is amended by inserting ``(other than United States cruise industry income (as defined in section 864(c)(4)(C)))'' after ``or ships''. (c) Income Tax Treaties.--Section 894 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Rule for United States Cruise Industry Income.-- Notwithstanding subsection (a), no tax exemption or reduced tax rate shall be permitted under any treaty of the United States with respect to United States cruise industry income (as defined in section 864(c)(4)(C)).''. (d) Effective Date.--The amendments made by this section shall apply to income attributable to voyages made after the date of the enactment of this Act.

Amends the Internal Revenue Code to treat United States cruise industry income as effectively connected with the conduct of a trade or business within the United States (thus subjecting such income to U.S. income taxation). Defines "United States cruise industry income" as income attributable to a voyage of a commercial passenger cruise vessel (a passenger vessel having berth or stateroom accommodations for at least 250 passengers) that extends over 1 or more nights and during which passengers embark or disembark the vessel in the United States. Prohibits any tax exemption or reduced tax rate under any U.S. treaty with respect to United States cruise industry income.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act'' or the ``AIRWAVES Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the United States should strive to-- (1) advance innovation with respect to, and investment in, wireless broadband Internet access; (2) promote the benefits of connecting all individuals in the United States to quality wireless broadband Internet access, including those individuals in rural communities; and (3) support comprehensive, technology-neutral spectrum policy that includes licensed, unlicensed, and shared use of spectrum bands. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; and (C) any other congressional committee with jurisdiction over a matter; (2) the term ``Commission'' means the Federal Communications Commission; (3) the term ``eligible Federal entity'' means an entity described in section 113(g)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(1)); (4) the term ``eligible frequency'' means a frequency with respect to which the costs incurred by an eligible Federal entity in relocating from the frequency may be reimbursed from the Spectrum Relocation Fund; (5) the term ``Federal entity'' has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)); (6) the term ``NTIA'' means the National Telecommunications and Information Administration; (7) the term ``Spectrum Frontiers proceeding'' means the Report and Order and Further Notice of Proposed Rulemaking in the matter of Use of Spectrum Bands Above 24 GHz for Mobile Radio Services, adopted by the Commission on July 14, 2016 (FCC 16-89); (8) the term ``Spectrum Relocation Fund'' means the fund established under section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928); and (9) the term ``system of competitive bidding'' means a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)). SEC. 4. SPECTRUM FRONTIERS PROCEEDING. Not later than 1 year after the date of enactment of this Act, the Commission shall complete the rule making to which the Spectrum Frontiers proceeding relates. SEC. 5. EXPANDING ACCESS TO COMMERCIAL SPECTRUM. (a) FCC Responsibilities.-- (1) In general.--The Commission, in consultation with the NTIA, shall-- (A) not later than December 31, 2018, complete a system of competitive bidding to grant priority access licenses for the use of 70 megahertz of spectrum in the frequencies between 3550 megahertz and 3650 megahertz; (B) not later than December 31, 2018, complete a system of competitive bidding for the use of spectrum in frequencies between-- (i) 24250 megahertz and 24450 megahertz; (ii) 24750 megahertz and 25250 megahertz; (iii) 27500 megahertz and 28350 megahertz, consistent with the spectrum sharing framework adopted for that frequency band as part of the Spectrum Frontiers proceeding; (iv) 37600 megahertz and 38600 megahertz; (v) 38600 megahertz and 40000 megahertz; and (vi) 47200 megahertz and 48200 megahertz; and (C) not later than December 31, 2020, complete a system of competitive bidding for the use of spectrum in frequencies between-- (i) 31800 megahertz and 33400 megahertz; (ii) 42000 megahertz and 42500 megahertz; and (iii) 50400 megahertz and 52600 megahertz. (2) Requirements relating to 3550-3700 mhz band.-- Consistent with the Commission's rules governing the Citizens Broadband Radio Service and the Report and Order and Second Further Notice of Proposed Rulemaking in the matter of Amendment of the Commission's Rules with Regard to Commercial Operations in the 3550-3650 MHz Band, adopted by the Commission on April 17, 2015 (FCC 15-47)-- (A) 30 megahertz of spectrum in the frequencies between 3550 megahertz and 3650 megahertz shall be reserved for general authorized access use; and (B) the frequencies between 3650 megahertz and 3700 megahertz shall be reserved for grandfathered wireless broadband licensees and general authorized access users. (b) Identifying Frequencies Between 7125 Megahertz and 8400 Megahertz To Be Utilized for Unlicensed Purposes.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the NTIA, in consultation with the Commission, shall identify any frequency between 7125 megahertz and 8400 megahertz with respect to which there is the potential for unlicensed use without causing harmful interference with incumbents. (2) Rule making.--If the NTIA, in consultation with the Commission, makes an identification described in paragraph (1), the Commission shall consider initiating a rule making with respect to the unlicensed use described in that paragraph. (c) Report on Reallocation of Certain Incumbent Federal Stations.-- (1) In general.--Not later than December 31, 2020, the NTIA, in consultation with the Director of the Office of Management and Budget, shall submit to the appropriate committees of Congress a report relating to the relocation of incumbent Federal stations authorized to use spectrum in the frequencies between 1300 megahertz and 1350 megahertz and between 1780 megahertz and 1830 megahertz in order to facilitate the reallocation of such spectrum from Federal to non-Federal use. (2) Timing.--The relocation described in paragraph (1) with respect to the frequencies between 1780 megahertz and 1830 megahertz shall take place not earlier than 2023. (d) Amendments to the Spectrum Pipeline Act of 2015.--Section 1004 of the Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note) is amended-- (1) in subsection (a), by striking ``30 megahertz'' and inserting ``100 megahertz''; and (2) in subsection (c)(1)(B), by striking ``July 1, 2024'' and inserting ``July 1, 2023''. SEC. 6. MODERNIZING MID-BAND SPECTRUM. (a) In General.-- (1) Spectrum identification.--Not later than December 31, 2019, the Commission, in consultation with the NTIA, shall identify up to 500 megahertz of additional spectrum in the frequencies between 3700 megahertz and 4200 megahertz to make available for commercial licensed use. (2) Spectrum auction.--Not later than December 31, 2022, the Commission shall complete a system of competitive bidding for the use of spectrum identified under paragraph (1). (b) Rule Making on the Unlicensed Use of the Frequency Band Between 5925 Megahertz and 7125 Megahertz.--Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with the NTIA, shall issue a notice of proposed rule making with respect to creating opportunities for the unlicensed use of spectrum in the frequencies between 5925 and 7125 megahertz without causing harmful interference with any incumbents in that band. SEC. 7. RURAL SET-ASIDE. (a) In General.--Notwithstanding section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Commission shall allocate 10 percent of the proceeds from each system of competitive bidding conducted under this Act for the deployment of wireless infrastructure in areas that the Commission has determined are underserved or unserved with respect to wireless broadband Internet access service. (b) Limitations.--No amounts allocated under subsection (a) may be combined with amounts that are used to fund any other program that is in existence on the date on which the allocation is made, including any program established under section 254 of the Communications Act of 1934 (47 U.S.C. 254). SEC. 8. SPECIAL RULES. With respect to any frequency band described in this Act (in this section referred to as the ``covered band''), if the relocation of an incumbent from the covered band to another equivalent frequency band is not possible, and if the Commission determines that no mitigation technology, alternative sharing approach, or incentives-based approach would reliably prevent harmful interference to incumbents in the covered band, the Commission-- (1) shall provide notification of that determination to the appropriate committees of Congress and the NTIA; and (2) may not proceed with any action, including relocating incumbents from the covered band or permitting new entrants into the covered band, that may result in the dislodging or harming of any incumbent in the covered band until the Commission can ensure that any such action will neither cause harmful interference with nor unreasonably constrain an incumbent in the covered band. SEC. 9. COMMISSION STUDY ON ENHANCING THE BENEFITS OF UNLICENSED SPECTRUM FOR RURAL COMMUNITIES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Commission shall conduct, and submit to the appropriate committees of Congress the results of, a study regarding how unlicensed spectrum can be further utilized to assist in-- (1) the provision of healthcare in rural areas; (2) distance learning; and (3) facilitating innovations in agriculture. (b) Recommendations.--The results of the study submitted under subsection (a) shall include recommendations regarding-- (1) overcoming barriers to the use of unlicensed spectrum for the purposes described in that subsection; and (2) how to further utilize unlicensed spectrum to meet the needs of rural communities with respect to broadband Internet access service. SEC. 10. GAO STUDY ON SPECTRUM RELOCATION FUND ALLOCATIONS. Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the appropriate committees of Congress the results of, a study to determine the efficiency with which amounts in the Spectrum Relocation Fund are transferred to eligible Federal entities that willingly relocate from eligible frequencies. SEC. 11. RULES OF CONSTRUCTION. (a) Frequency Ranges.--Any frequency range described in this Act shall be construed as including the upper and lower frequency in the frequency range. (b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing in this Act may be construed as affecting any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note).

Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act or the AIRWAVES Act This bill requires the Federal Communications Commission (FCC) to complete auctions by December 31, 2020, that will grant priority access broadcast licenses for specified frequency spectrum bands. The FCC and the National Telecommunications and Information Administration are directed to identify frequencies in specified spectrum bands that may be utilized for non-federal unlicensed use and commercial licensed use. The FCC must allocate 10% of proceeds from each of the spectrum band auctions specified in the bill to expand wireless infrastructure in rural areas that are underserved or unserved. The FCC shall conduct a study on how unlicensed frequency spectrum bands can be utilized for: (1) the provision of healthcare in rural areas, (2) distance learning, and (3) facilitating innovations in agriculture.

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SECTION 1. COMMUNICATION SITE USE FEES. (a) Fees.--Notwithstanding any other provision of law, the Secretary of the Interior and the Secretary of Agriculture (hereinafter referred to as the ``Secretaries''), shall assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or the Bureau of Land Management at such rates as the Forest Service and the Bureau of Land Management shall establish or at such modified rates as are established pursuant to the provisions of subsection (b) of this section. (b) Adjustments.--(1) The Schedule of Charges established under this section shall be reviewed by the Forest Service and the Bureau of Land Management on an annual basis, and shall be adjusted by the Forest Service and the Bureau of Land Management to reflect changes in the Consumer Price Index. Increases or decreases in charges shall apply to all categories of charges, but any increase or decrease shall not total less than 3 percent or more than 5 percent of the charge assessed to the user in the preceding year. The Bureau of Land Management and the Forest Service shall transmit to the Congress notification of any such adjustment not later than 60 days before the effective date of such adjustment. (2) Under the Schedule of Changes established under the section, if any radio or television communications site user is to be charged an amount that is greater than $1,000 more than the amount such site user pays to the Bureau of Land Management or the Forest Service as of January 1, 1993, then during the first year in which the Schedule of Charges is in effect, such site user shall pay an amount equal to the amount it paid to the Bureau of Land Management of the Forest Service as of January 1, 1993, plus $1,000. Each year thereafter, such site user shall pay the full amount under the Schedule of Charges, as modified pursuant to the subsection. (3) Under the Schedule of Charges established under this section, if any radio or television communications site user is to be charged an amount that is less than the amount such site user paid to the Bureau of Land Management or the Forest Service as of January 1, 1993, then such site user shall continue to pay the higher amount until such time as the charge to the site user in the Schedule of Charges equals or exceeds that amount, as modified pursuant to this subsection. (c) Additional Users.--(1) If the radio or television communications site user is permitted under the terms of its site use authorization from the Bureau of Land Management or the Forest Service to grant access to the site to additional users, then the radio or television communications site user shall pay annually to the Bureau of Land Management or the Forest Service an amount equal to 25 percent of the gross income it receives from each such additional user during that year. (2) Authorizations to radio and television communications site users shall require such site users to provide the Bureau of Land Management or the Forest Service with a certified list which identifies all additional users of such sites and all gross revenues received from such additional users. The Bureau of Land Management and the Forest Service shall not require any additional user of a radio or television communications site to obtain a separate authorization to use such a site. (d) Administrative Provisions.--(1) The Secretaries shall prescribe appropriate rules and regulations to carry out the provisions of this section. (2) Ten years after the date of enactment of this section, the Secretaries shall establish a broad-based advisory group, including representatives from the radio and television broadcast industry, to review the Schedule of Charges and other acceptable criteria for determining fair market value for radio and television communications site uses. The advisory group shall report its findings to the Congress no later than 1 year after it is established. (e) Existing Charges.--(1) Until modified pursuant to subsection (b) of this section, the Schedule of Charges for television communications site users which the Secretaries shall prescribe pursuant to subsection (a) of this section shall be as listed in exhibit 3 (television rental fee schedule) in the report of the radio and television broadcast use fee advisory committee dated December 1992. (2) Until modified pursuant to subsection (b) of this section, the Schedule of Charges for radio communications site users which the Secretaries shall prescribe pursuant to subsection (a) of this section shall be as listed in exhibit 4, radio rental fee schedule in the report of the radio and television broadcast use fee advisory committee dated December 1992. SEC. 2. NONBROADCAST COMMUNICATION SITE ADVISORY BOARD. (a) Establishment.--The Secretaries of the Interior and Agriculture are directed to jointly establish a broad-based advisory group comprised of representatives from the nonbroadcast communications industry (users of both private and public communication sites) and the 2 agencies to review recommendations on acceptable criteria for determining fair market values and next best alternative use. (b) Review.--The advisory group shall review the methodology used in any previous studies and reach concurrence on such methodology. (c) Assessments.--The advisory group shall also assess the validity of the results of such studies, taking into account all reasonable options for the establishment of fair market values and next best alternative use. (d) Report.--The advisory group shall report its findings to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives within 1 year after the enactment of this Act.

Directs the Secretaries of the Interior and Agriculture to assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or Bureau of Land Management. Requires the Forest Service and Bureau to annually review and adjust such charges to reflect changes in the Consumer Price Index, with limitations. Requires any site user to pay an additional amount for granting access to the site to additional users and to provide a certified list of such additional users. Directs the Secretaries to jointly establish a broad-based advisory group of representatives from the nonbroadcast communications industry and the two agencies to review and report to specified congressional committees on recommendations on acceptable criteria for determining fair market values for communications site use and next best alternative use.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Accountability for Regulatory Information Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) many Federal regulations have improved the quality of life of the American public, however, uncontrolled increases in regulatory costs and lost opportunities for better regulation should not be continued; (2) the legislative branch has a responsibility to ensure that laws passed by Congress are properly implemented by the executive branch; (3) in order for the legislative branch to fulfill its responsibilities to ensure that laws passed by Congress are implemented in an efficient, effective, and fair manner, the Congress requires accurate and reliable information on which to base decisions; and (4) the legal effect of many Federal agency guidance documents and other Federal agency statements that are not published in the Code of Federal Regulations is often not clear to the affected public. SEC. 3. REPORTS ON REGULATORY ACTIONS BY THE GENERAL ACCOUNTING OFFICE. (a) In General.--Section 801(a)(2) of title 5, United States Code, is amended by striking subparagraph (B) and inserting the following: ``(B)(i) After an agency publishes a regulatory action, a committee of either House of Congress with legislative or oversight jurisdiction relating to the action may request the Comptroller General to review the action under clause (ii). ``(ii) Of requests made under clause (i), the Comptroller General shall provide a report on each regulatory action selected under clause (iv) to the committee which requested the report (and the committee of jurisdiction in the other House of Congress)-- ``(I) except as provided in subclause (II), by not later than 180 calendar days after the committee request is received; or ``(II) in the case of a request for review of a notice of proposed rule making or an interim final rule making, by not later than the end of the 60-calendar-day period beginning on the date the committee request is received, or the end of the period for submission of comment regarding the rule making, whichever is later. The report shall include an independent analysis of the regulatory action by the Comptroller General using any relevant data or analyses available to or generated by the General Accounting Office. ``(iii) The independent analysis of the regulatory action by the Comptroller General under clause (ii) shall include-- ``(I) an analysis by the Comptroller General of the potential benefits of the regulatory action, including any beneficial effects that cannot be quantified in monetary terms and the identification of those likely to receive the benefits; ``(II) an analysis by the Comptroller General of the potential costs of the regulatory action, including any adverse effects that cannot be quantified in monetary terms and the identification of those likely to bear the costs; ``(III) an analysis by the Comptroller General of any alternative regulatory approaches that could achieve the same goal in a more cost-effective manner or that could provide greater net benefits, and, if applicable, a brief explanation of any statutory reasons why such alternatives could not be adopted; ``(IV) an analysis of the extent to which the regulatory action would affect State or local governments; and ``(V) a summary of how the results of the Comptroller General's analysis differ, if at all, from the results of the analyses of the agency in promulgating the regulatory action. ``(iv) In consultation with the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives, the Comptroller General shall develop procedures for determining the priority and number of those requests for review under clause (i) that will be reported under clause (ii). The procedures shall give the highest priority to requests regarding a notice of proposed rule making for a major rule, and to requests regarding an interim final rule making for a major rule. ``(C) Federal agencies shall cooperate with the Comptroller General by promptly providing the Comptroller General with such records and information as the Comptroller General determines necessary to carry out this section.''. (b) Definitions.--Section 804 of title 5, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (5), respectively; (2) by inserting after paragraph (1) the following: ``(2) The term `independent analysis' means a substantive review of the agency's underlying assessments and assumptions used in developing the regulatory action and any additional analysis the Comptroller General determines to be necessary.''; and (3) by inserting after paragraph (3) (as redesignated by paragraph (1) of this subsection) the following: ``(4) The term `regulatory action' means-- ``(A) notice of proposed rule making; ``(B) final rule making, including interim final rule making; or ``(C) a rule.''. SEC. 4. DISCLOSURE OF NONBINDING EFFECT OF GUIDANCE DOCUMENTS. (a) In General.--Chapter 8 of title 5, United States Code, is amended by inserting after section 803 the following: ``Sec. 803a. Notice of nonbinding effect of agency guidance ``The head of an agency shall include on the first page of each statement published by the agency that is not a rule a notice that the statement has no general applicability or future effect (or both), as applicable, and is not binding on the public.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 8 of title 5, United States Code, is amended by inserting after the item relating to section 803 the following: ``803a. Notice of nonbinding effect of agency guidance.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the General Accounting Office to carry out chapter 8 of title 5, United States Code, $5,200,000 for each of fiscal years 2000 through 2003. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.

Requires the head of an agency to include on the first page of each statement published by the agency that is not a rule a notice that the statement has no general applicability or future effect, as applicable, and is not binding on the public. Authorizes appropriations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Yellowstone Reclamation Projects Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Diversion works.--The term ``Diversion Works'' means the land in the N\1/2\NW\1/4\ of Sec. 36, T.18N., R.56E. P. M., Montana, and the diversion dam structure, canal headworks structure, and the first section of the main canal, all contained therein. (2) Intake irrigation district.--The term ``Intake Irrigation District'' means the irrigation district by that name that is organized under the laws of the State of Montana and operates the Intake Project. (3) Intake project.--The term ``Intake Project'' means the Federal irrigation feature operated by the Intake Irrigation District and authorized under the Act of August 11, 1939 (chapter 717; 53 Stat. 1418). (4) Irrigation districts.--The term ``irrigation districts'' means-- (A) the Intake Irrigation District; (B) the Lower Yellowstone Irrigation District No. 1; (C) the Lower Yellowstone Irrigation District No. 2; and (D) the Savage Irrigation District. (5) Lower yellowstone irrigation district no. 1.--The term ``Lower Yellowstone Irrigation District No. 1'' means the irrigation district by that name that is organized under the laws of the State of Montana and operates the part of the Lower Yellowstone Irrigation Project located in the State of Montana. (6) Lower yellowstone irrigation district no. 2.--The term ``Lower Yellowstone Irrigation District No. 2'' means the irrigation district by that name that is organized under the laws of the State of North Dakota and operates the part of the Lower Yellowstone Irrigation Project located in the State of North Dakota. (7) Lower yellowstone irrigation project.--The term ``Lower Yellowstone Irrigation Project'' means the Federal irrigation feature operated by Lower Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation District No. 2 and authorized by the Act of June 17, 1902 (chapter 1093; 32 Stat. 388). (8) Memorandum of understanding.--The term ``Memorandum of Understanding'' means the memorandum of understanding dated November 16, 1999, and any subsequent replacements or amendments between the Districts and the Montana Area Office, Great Plains Region, Bureau of Reclamation, for the purpose of defining certain principles by which the title to the projects will be transferred from the United States to the districts. (9) Pick-sloan missouri basin program.--The term ``Pick- Sloan Missouri Basin Program'' means the comprehensive Federal program for multipurpose benefits within the Missouri River Basin, including irrigation authorized by section 9 of the Act of December 22, 1944, commonly known as the ``Flood Control Act of 1944'' (chapter 665; 58 Stat. 891). (10) Pick-sloan missouri basin program project use power.-- The term ``Pick-Sloan Missouri Basin Program Project Use Power'' means power available for establishing and maintaining the irrigation developments of the Pick-Sloan Missouri Basin Program. (11) Projects.--The term ``Projects'' means-- (A) the Lower Yellowstone Irrigation Project; (B) the Intake Irrigation Project; and (C) the Savage Unit. (12) Savage irrigation district.--The term ``Savage Irrigation District'' means the irrigation district by that name that is organized under the laws of the State of Montana and operates the Savage Unit. (13) Savage unit.--The term ``Savage Unit'' means the Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal irrigation development authorized by the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (chapter 665; 58 Stat. 891). (14) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF PROJECTS. (a) Conveyances.-- (1) General.--As soon as practicable after the date of enactment of this Act, the Secretary shall convey works, facilities, and lands of the Projects to the Irrigation Districts in accordance with all applicable laws and pursuant to the terms of the Memorandum of Understanding. The conveyance shall take place in two stages, the first stage to include all conveyances under this Act except Diversion Works and the second stage to convey the Diversion Works. (2) Lands.-- (A) General.--All lands, easements, and rights-of- way the United States possesses that are to be conveyed by the Secretary to the respective irrigation districts shall be conveyed by quitclaim deed. Conveyance of such lands, easements, and rights-of-way is subject to permits, licenses, leases, rights-of-use, or right-of-way of record outstanding in third parties on, over, or across such lands, easements, and rights-of-way. (B) Mineral rights.--Conveyance of all lands herein described shall be subject to a reservation by the United States reserving all minerals of a nature whatsoever, excluding sand and gravel, and subject to oil, gas, and other mineral rights heretofore reserved of record by or in favor of third parties. (3) Water rights.--The Secretary shall transfer to the respective Irrigation Districts in accordance with and subject to the law of the State of Montana, all natural flow, wastewater, seepage, return flow, domestic water, stock water, and groundwater rights held in part or wholly in the name of the United States that are used to serve the lands within the Irrigation Districts. (4) Costs.-- (A) Reclamation withdrawn lands.--The Irrigation Districts shall purchase Reclamation withdrawn lands as identified in the Memorandum of Understanding for their value in providing operation and maintenance benefits to the Irrigation Districts. (B) Savage unit repayment obligations.-- (i) Savage irrigation district.--As a condition of transfer, the Secretary shall receive an amount from the Savage Irrigation District equal to the present value of the remaining water supply repayment obligation of $60,480 that shall be treated as full payment under Contract Number I1r-1525, as amended and as extended by Contract No. 9-07-60-WO770. (ii) Pick-sloan missouri basin program construction obligation.--As a condition of transfer, the Secretary shall accept $94,727 as payment from the Pick-Sloan Missouri Basin Program (Eastern Division) power customers under the terms specified in this section, as consideration for the conveyance under this subsection. This payment shall be out of the receipts from the sale of power from the Pick- Sloan Missouri Basin Program (Eastern Division) collected by the Western Area Power Administration and deposited into the Reclamation fund of the Treasury in fiscal year 2003. This payment shall be treated as full and complete payment by the power customers of the construction aid-to-irrigation associated with the facilities of the Savage Unit. (b) Revocation of Reclamation Withdrawals and Orders.-- (1) The Reclamation withdrawal established by Public Land Order 4711 dated October 6, 1969, for the Lower Yellowstone Irrigation Project in lots 1 and 2, section 3, T.23N., R. 59 E., is hereby revoked in its entirety. (2) The Secretarial Order of March 22, 1906, which was issued for irrigation works on lots 3 and 4 section 2, T. 23N., R. 59E., and Secretarial Order of August 8, 1905, which was issued for irrigation works in section 2, T. 17 N., R. 56 E. and section 6, T. 17 N., R. 57 E., are hereby revoked in their entirety. (3) The Secretarial Order of August 24, 1903, and July 27, 1908, which were issued in connection with the Lower Yellowstone Irrigation Project, are revoked insofar as they affect the following lands: (A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, T.18N., R.57E.; lot 3 of Sec. 4, T.19N., R.58E.; lots 2 and 3 and 6 and 7 of Sec. 12, T.21N, R.58E.; SW\1/4\NW\1/4\ of Sec. 26, T.22N., R58E; lots 1 and 4 and 7 and NW\1/ 4\SW\1/4\ of Sec. 20, T.22N., R.59E.; SE\1/4\NE\1/4\ of Sec. 13, T.23N., R.59E.; and lot 2 of Sec. 18, T.24N., R.60E.; all in the Principal Meridian, Montana. (B) Lot 8 of Sec. 2 and lot 1 and lot 2 and lot 3 and NE\1/4\NE\1/4\ of Sec. 10 and lot 2 of Sec. 11 and lot 6 of Sec. 18 and lot 3 of Sec. 35, T.151N., R.104W.; and lot 7 of Sec. 28, T.152N., R.104W.; all in the Fifth Principal Meridian, North Dakota. SEC. 4. REPORT. If the conveyance under this Act has not occurred within 2 years after the date of the enactment of this Act for the first stage conveyances as provided in section 3, and 5 years after the date of the enactment of this Act for the second stage conveyances as provided in section 3, the Secretary shall provide a report to the Committee on Resources of the House of Representatives and the Committee on Energy and Resources of the Senate on the status of the transfer and anticipated completion date. SEC. 5. RECREATION MANAGEMENT. As a condition of the Conveyance of lands under section 3, the Secretary shall require that Lower Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation District No. 2 convey a perpetual conservation easement to the State of Montana, at no cost to the State, for the purposes of protecting, preserving, and enhancing the conservation values and permitting recreation on Federal lands in part to be conveyed under this Act. Lower Yellowstone Irrigation District No 1, Lower Yellowstone Irrigation District No. 2, and the State of Montana have mutually agreed upon such conservation easement. SEC. 6. PROJECT PUMPING POWER. The Secretary shall sustain the irrigation developments established by the Lower Yellowstone and Intake Projects and the Savage Unit as components of the irrigation plan under the Pick-Sloan Missouri River Basin Program and shall continue to provide the Irrigation Districts with Pick-Sloan Missouri River Basin Project Use power at the Irrigation Districts' pumping plants, except that the rate shall be at the preference power rate and there shall be no ability-to-pay adjustment. SEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION. (a) General.--The Secretary, prior to the transfer of title of the Diversion Works and in cooperation with the Irrigation Districts, shall provide fish protection devices to prevent juvenile and adult fish from entering the Main Canal of the Lower Yellowstone Irrigation Project and allow bottom dwelling fish species to migrate above the Project's Intake Diversion Dam. (b) Participation.--The Secretary and the Irrigation District shall work cooperatively in planning, engineering, and constructing the fish protection devices. (c) Construction Schedule.--Construction of Fish Protection Devices shall be completed within 2 years after the date of enactment of this Act. (d) Monitoring.--The Secretary, acting through the Commissioner of the Bureau of Reclamation and the Director of the United States Fish and Wildlife Service, prior to the transfer of title of the Diversion Works, shall establish and conduct a monitoring plan to measure the effectiveness of the devices for a period of 2 years after construction is completed. (e) Modifications.--The Commissioner of the Bureau of Reclamation, prior to the transfer of title of the Diversion Works, shall be responsible to modify the devices as necessary to ensure proper functioning. All modifications shall be completed within 3 years after the devices were initially constructed. (f) Costs.--Costs incurred in planning, engineering, constructing, monitoring, and modifying all fish protection devices shall be deemed nonreimbursable. (g) Operation, Maintenance, and Replacements Responsibility.-- Following completion of monitoring and modifications required under this section, the Irrigation Districts shall operate, maintain, and replace the fisheries protection devices in a manner to ensure proper functioning. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to implement this section. SEC. 8. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS. Upon conveyance of the projects under this Act, the Irrigation Districts shall not be subject to the Reclamation laws or entitled to receive any Reclamation benefits under those laws except as provided in section 6. SEC. 9. LIABILITY. Effective on the date of conveyance of a project under this Act, the United States shall not be liable under any State or Federal law for damages of any kind arising out of any act, omission, or occurrence relating to the projects, except for damages caused by acts of negligence committed by the United Stated or by its employees, agents, or contractors prior to the date of this conveyance. Nothing in this section shall be considered to increase the liability of the United States beyond that currently provided in chapter 171 of title 28, United States Code, popularly known as the Federal Tort Act. SEC. 10. COMPLIANCE WITH LAWS. As a condition of the Conveyances under section 3, the Secretary shall by no later than the date on which the conveyances occur complete appropriate analyses of the transfer in compliance with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable laws.

Lower Yellowstone Reclamation Projects Conveyance Act - Directs the Secretary of the Interior to convey the works, facilities, and lands of the Lower Yellowstone Irrigation Project, the Intake Irrigation Project in Montana, and the Savage Unit of the Pick-Sloan Missouri Basin Program to the Lower Yellowstone Irrigation Districts No. 1 (Montana) and No. 2 (North Dakota), the Intake Irrigation District (Montana), and the Savage Irrigation District (Montana), respectively, pursuant to the terms of the Memorandum of Understanding of November 16, 1999, between the Districts and the Bureau of Reclamation. Requires: (1) all conveyances under this Act, except the Diversion Works (land and the diversion dam structure, canal headworks, and first section of the mail canal) to be conveyed in the first stage; and (2) the Diversion Works to be conveyed in the second stage..Requires the Districts to buy Reclamation withdrawn lands as identified in the Memorandum for their value in providing operation and maintenance benefits.Requires the Secretary to accept: (1) an amount equal to the present value of the remaining water supply repayment obligation from the Savage Irrigation District as full payment of such District's share of the construction of the Savage Unit; and (2) a specified amount from the Pick Sloan Missouri Basin Program (Eastern Division) power customers as full payment for the construction aid-to-irrigation associated with Unit facilities.Conditions the conveyance on the Lower Yellowstone Irrigation Districts conveying a perpetual conservation easement to the State of Montana for the purposes of protecting, preserving, and enhancing the conservation values and permitting recreation on Federal lands in part to be conveyed under this Act. Sets forth requirements regarding: (1) continuation of Pick-Sloan Program irrigation components and pumping power service; and (2) Yellowstone River fisheries protection.

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SECTION 1. GRANT PROGRAM FOR GIFTED AND TALENTED STUDENTS. (a) Short Title.--This Act may be cited as the ``Gifted and Talented Students Education Act of 2003''. (b) Amendment.--Subpart 6 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended by adding at the end the following: ``Chapter B--Grant Program For Gifted and Talented Students ``SEC. 5467. FINDINGS; ESTABLISHMENT OF PROGRAM; AUTHORIZED ACTIVITIES. ``(a) Findings.--Congress makes the following findings: ``(1) Gifted and talented students give evidence of high performance capability in specific academic fields, or in areas such as intellectual, creative, artistic, or leadership capacity, and require services or activities not ordinarily provided by a school in order to fully develop such capabilities. Gifted and talented students are from all cultural, racial, and ethnic backgrounds, and socioeconomic groups. Some such students have disabilities and for some, English is not their first language. Many students from such diverse backgrounds have been historically underrepresented in gifted education programs. ``(2) Elementary school students who are gifted and talented have already mastered 35 to 50 percent of the material covered in a school year in several subject areas before the school year begins. ``(3) Elementary school and secondary school teachers have students in their classrooms with a wide variety of traits, characteristics, and needs. Most teachers receive some training to meet the needs of these students, such as students with limited English proficiency, students with disabilities, and students from diverse cultural and racial backgrounds. However, most teachers do not receive training on meeting the needs of students who are gifted and talented. ``(4) While the families or communities of some gifted students can provide private programs with appropriately trained staff to supplement public educational offerings, most high-ability students, especially those from inner cities, rural communities, or low-income families, must rely on the services and personnel provided by public schools. Therefore, gifted education programs, provided by qualified professionals in the public schools, are needed to provide equal educational opportunities. ``(5) Parents and families are essential partners to schools in developing appropriate educational services for gifted and talented students. They need access to information, research, and support regarding the characteristics of gifted children and their educational, and social and emotional needs, as well as information on available strategies and resources for education in State and local communities. ``(6) There currently is no Federal requirement to identify or serve the Nation's approximately 3,000,000 gifted and talented students. ``(7) While some States and local educational agencies allocate resources to educate gifted and talented students, others do not. Additionally, State laws, and State and local funding, identification, and accountability mechanisms vary widely, resulting in a vast disparity of services for this special-needs population. ``(8) To meet the future economic and national security needs of the United States, it is important that more students achieve to higher levels, and that highly capable students receive an education that prepares them to perform the most highly innovative and creative work that is necessary to secure our Nation's position in the world. ``(9) The performance of twelfth-grade advanced students in the United States on the Third International Mathematics and Science Study (TIMSS) was among the lowest in the world. In each of 5 physics content areas in the study and in each of 3 mathematics content areas in the study, the performance of physics and advanced mathematics students in the United States was among the lowest of the participating countries. ``(10) In 1990, fewer than 2 cents out of every $100 spent on elementary and secondary education in the United States was devoted to providing challenging programming for the Nation's gifted and talented students. ``(b) Program Authorized.-- ``(1) Competitive grants to states.--If the amount appropriated under section 5468 for a fiscal year is greater than $7,500,000 but less than $57,500,000, then the Secretary may use such amount to award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to award grants to local educational agencies under section 5467C for developing or expanding gifted and talented education programs, and providing direct educational services and materials. ``(2) Formula grants to states.--If the amount appropriated under section 5468 for a fiscal year equals or exceeds $57,500,000, then the Secretary may use such amount to award grants to State educational agencies, from allotments under section 5467B, to enable the State educational agencies to award grants to local educational agencies under section 5467C for developing or expanding gifted and talented education programs, and providing direct educational services and materials. ``(c) Authorized Activities.--Grant funds provided under this chapter shall be used to carry out 1 or more of the following activities: ``(1) Any activity described in paragraph (2), (4), (6), or (7) of section 5464(b). ``(2) Providing direct educational services and materials to gifted and talented students, which may include curriculum compacting, modified or adapted curriculum, acceleration, independent study, and dual enrollment. ``(d) Limitations on Use of Funds.-- ``(1) Course work provided through emerging technologies.-- Grant funds provided under this chapter that are used for activities described in section 5464(b)(7) may include development of curriculum packages, compensation of distance- learning educators, or other relevant activities, but grant funds provided under this chapter may not be used for the purchase or upgrading of technological hardware. ``(2) State use of funds.-- ``(A) In general.--A State educational agency receiving a grant under this chapter may not use more than 10 percent of the grant funds for-- ``(i) dissemination of general program information; ``(ii) providing technical assistance under this chapter; ``(iii) monitoring and evaluation of programs and activities assisted under this chapter; ``(iv) providing support for parental education; or ``(v) creating a State gifted education advisory board. ``(B) Administrative costs.--A State educational agency may use not more than 50 percent of the funds made available to the State educational agency under subparagraph (A) for administrative costs. ``SEC. 5467A. ALLOTMENTS TO STATES. ``(a) Reservation of Funds.--From the amount made available to carry out this chapter for any fiscal year, the Secretary shall reserve \1/2\ of 1 percent for the Secretary of the Interior for programs under this chapter for teachers, other staff, and administrators in schools operated or funded by the Bureau of Indian Affairs. ``(b) State Allotments.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall allot the total amount made available to carry out this chapter for any fiscal year and not reserved under subsection (a) to the States on the basis of their relative populations of individuals aged 5 through 17, as determined by the Secretary on the basis of the most recent satisfactory data. ``(2) Minimum grant amount.--No State receiving an allotment under paragraph (1) may receive less than \1/2\ of 1 percent of the total amount allotted under such paragraph. ``(c) Reallotment.--If any State does not apply for an allotment under this section for any fiscal year, then the Secretary shall reallot such amount to the remaining States in accordance with this section. ``SEC. 5467B. STATE APPLICATION. ``(a) In General.--To be eligible to receive a grant under this chapter, a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(b) Contents.--Each application under this section shall include assurances that-- ``(1) the funds received under this chapter will be used to identify and support gifted and talented students, including gifted and talented students from all economic, ethnic, and racial backgrounds, such students of limited English proficiency, and such students with disabilities; ``(2) the funds not retained by the State educational agency shall be used for the purpose of making, in accordance with this chapter and on a competitive basis, grants to local educational agencies; ``(3) the funds received under this chapter shall be used only to supplement, but not supplant, the amount of State and local funds expended for the education of, and related services for, gifted and talented students; ``(4) the State educational agency will provide matching funds for the activities to be assisted under this chapter in an amount equal to not less than 10 percent of the grant funds to be received, which matching funds may be provided in cash or in kind; and ``(5) the State educational agency shall develop and implement program assessment models to ensure program accountability and to evaluate educational effectiveness. ``(c) Approval.--To the extent funds are made available to carry out this chapter, the Secretary shall approve an application of a State if such application meets the requirements of this section. ``SEC. 5467C. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES. ``(a) Grant Competition.--A State educational agency shall use not less than 90 percent of the funds made available to the State educational agency under this chapter to award grants to local educational agencies (including consortia of local educational agencies) to enable the local educational agencies to carry out the authorized activities described in section 5467(c). ``(b) Competitive Process.--Funds provided under this chapter to local educational agencies shall be distributed to local educational agencies through a competitive process that results in an equitable distribution by geographic area within the State. ``(c) Size of Grant.--A State educational agency shall award a grant under subsection (a) for any fiscal year in an amount sufficient to meet the needs of the students to be served under the grant. ``SEC. 5467D. LOCAL APPLICATIONS. ``(a) Application.--To be eligible to receive a grant under this chapter, a local educational agency (including a consortium of local educational agencies) shall submit an application to the State educational agency. ``(b) Contents.--Each application under this section shall include-- ``(1) an assurance that the funds received under this chapter will be used to identify and support gifted and talented students, including gifted and talented students from all economic, ethnic, and racial backgrounds, such students of limited English proficiency, and such students with disabilities; ``(2) a description of how the local educational agency will meet the educational needs of gifted and talented students, including the training of personnel in the education of gifted and talented students; and ``(3) an assurance that funds received under this chapter will be used to supplement, not supplant, the amount of funds the local educational agency expends for the education of, and related services for, gifted and talented students. ``SEC. 5467E. ANNUAL REPORTING. ``Beginning 1 year after the date of enactment of the Gifted and Talented Students Education Act of 2003 and for each year thereafter, the State educational agency shall submit an annual report to the Secretary that describes the number of students served and the activities supported with funds provided under this chapter. The report shall include a description of the measures taken to comply with paragraphs (1) and (4) of section 5467B(b). ``SEC. 5467F. CONSTRUCTION. ``Nothing in this chapter shall be construed to prohibit a recipient of funds under this chapter from serving gifted and talented students simultaneously with students with similar educational needs, in the same educational settings where appropriate. ``SEC. 5467G. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS. ``In making grants under this chapter, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such children. ``SEC. 5467H. DEFINITIONS. ``For purposes of this chapter: ``(1) Gifted and talented.-- ``(A) In general.--Except as provided in subparagraph (B), the term `gifted and talented' when used with respect to a person or program-- ``(i) has the meaning given the term under applicable State law; or ``(ii) in the case of a State that does not have a State law defining the term, has the meaning given such term by definition of the State educational agency or local educational agency involved. ``(B) Special rule.--In the case of a State that does not have a State law that defines the term, and the State educational agency or local educational agency has not defined the term, the term has the meaning given the term in section 9101. ``(2) State.--The term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ``Chapter C--Authorization of Appropriations ``SEC. 5468. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $170,000,000 for each of fiscal years 2004 through 2010, of which-- ``(1) $7,500,000 shall be available for each fiscal year to carry out chapter A; and ``(2) the remainder shall be available for each fiscal year to carry out chapter 2.''. SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS. Subpart 6 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended-- (1) by inserting after the subpart designation the following: ``Chapter A--Jacob K. Javits Gifted and Talented Students Education Program''; (2) in section 5461 (20 U.S.C. 7253), by striking ``This part'' and inserting ``This chapter''; (3) by striking ``this part'' each place the term appears and inserting ``this chapter''; and (4) in section 5464 (20 U.S.C. 7253c)-- (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

Gifted and Talented Students Education Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program for gifted and talented students.Authorizes the Secretary of Education to award such grants to State educational agencies to make subgrants to local educational agencies to develop or expand gifted and talented education programs, and provide direct educational services and materials. Requires such grants to be made on a competitive basis if appropriations are within certain minimum and maximum amounts, and on a formula basis if appropriations exceed such specified maximum. Sets forth authorized State and local uses of grant funds and authorized activities. Prohibits use of such funds for purchase or upgrading of technological hardware. Directs the Secretary to ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such children.

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SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 43. ALEXANDER CREEK VILLAGE RECOGNITION. ``(a) Definitions.--In this section: ``(1) Agency.--The term `agency' includes-- ``(A) any instrumentality of the United States; ``(B) any element of an agency; and ``(C) any wholly owned or mixed-owned corporation of the Federal Government identified in chapter 91 of title 31, United States Code. ``(2) Alexander creek.--The term `Alexander Creek' means Alexander Creek, Incorporated, a Village Corporation recognized and organized pursuant to section (b). ``(3) Region.--The term `Region' means Cook Inlet Region Incorporated, a Regional Corporation, which is the appropriate Regional Corporation for Alexander Creek under section 14(h). ``(b) Recognition of the Village of Alexander Creek.--Subject to the limitations of this section and notwithstanding subsection (d) of section 1432 of the Alaska National Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2543) or any conveyance under that section, Alexander Creek, Incorporated, a Group Corporation organized pursuant to this Act located within T. 15 N., R. 7 W., Seward Meridian, Alaska, is recognized as an eligible Native village under section 11(b)(3). ``(c) Organization of Alexander Creek.--As soon as practicable after the date of enactment of this section, Alexander Creek shall file in the State-- ``(1) any amendments to the corporate charter of Alexander Creek that are necessary to convert from a Group Corporation to a Village Corporation; and ``(2) any amendments to the corporate charter and governing business documents of Alexander Creek that are necessary to fulfill the terms of the agreement authorized under subsection (d). ``(d) Negotiations; Agreement.-- ``(1) In general.--Not later than 30 days after the date of enactment of this section, the Secretary shall commence negotiations with Alexander Creek to fairly and equitably settle any aboriginal land claims and any other claims that Alexander Creek has against the United States. ``(2) Agreement.-- ``(A) Deadline.--Not later than 13 months after the date of enactment of this section, the Secretary shall enter into an agreement with Alexander Creek relating to the claims described in paragraph (1). ``(B) Terms.--Notwithstanding the prior status of Alexander Creek as a Group Corporation, an agreement under this paragraph shall be in approximate value parity, considering inflation, with agreements of other Village Corporations. ``(C) Availability of funds.--Any funds to be provided for Alexander Creek under an agreement entered into under this paragraph shall be available subject to appropriations. ``(D) Applicable law.-- ``(i) In general.--The Secretary shall carry out an agreement entered into under this paragraph-- ``(I) in accordance with this section and other existing authorities; and ``(II) in coordination with the Administrator of General Services pursuant to section 549 of title 40, United States Code, with respect to property to be transferred to Alexander Creek pursuant to the agreement, subject to clause (ii). ``(ii) Consideration as state.-- Notwithstanding paragraphs (2) and (3) of section 549(a) of title 40, United States Code, Alexander Creek shall be considered a `State' and a `State agency' under that section for the purposes of the Secretary carrying out an agreement under this paragraph. ``(e) Shareholder Participation.-- ``(1) In general.--Alexander Creek shall notify each member of the Village Corporation recognized under subsection (b) that, as of the date of enactment of this section-- ``(A) the member shall cease to receive benefits from the Region as at-large shareholders pursuant to section 7(m); and ``(B) all future resource payments from the Region shall be made to the Village Corporation pursuant to section 7(j). ``(2) Limitation of liability.--The Region shall not be liable under any Federal, State, or local law or under Federal or State common law for damages arising out of or related to the cessation of payments to the members of Alexander Creek described in paragraph (1)(A). ``(f) Effect.--Except as provided in this section with respect to Alexander Creek, nothing in this section-- ``(1) modifies or amends any land conveyance entitlement or conveyance agreement-- ``(A) between the Region and a Village Corporation (other than Alexander Creek) in the Region; ``(B) between the Region and the Federal Government; or ``(C) between any party described in subparagraph (A) or (B) and the State; or ``(2) reduces the land entitlement to which Alexander Creek became entitled as a Group Corporation, including the land selected by and conveyed to Alexander Creek on the date of enactment of this section.''.

This bill amends the Alaska Native Claims Settlement Act to recognize Alexander Creek as a Native village. Currently, Alexander Creek is recognized as a Native group. (Under the Act, a Native village is entitled to more land than a Native group.) Alexander Creek must file any amendments to its corporate charter that are necessary to convert from a Native group to a Native village. The Department of the Interior must negotiate with Alexander Creek to fairly and equitably settle aboriginal land claims and any other claims against the United States. Alexander Creek must notify its members that the Cook Inlet regional corporation will make future payments to the village instead of to individual members. The regional corporation is not liable for damages related to cessation of payments to individual members of Alexander Creek.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hygiene Assistance for Families of Infants and Toddlers Act of 2017''. SEC. 2. IMPROVING OPPORTUNITY DIAPER DISTRIBUTION DEMONSTRATION PROJECT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-7. DIAPER DISTRIBUTION DEMONSTRATION PROJECT. ``(a) In General.--The Secretary, acting through the Administration for Children and Families, shall make grants to eligible entities to conduct demonstration projects that implement and evaluate strategies to help families with eligible children to address the diapering needs of such children. ``(b) Use of Funds.--Amounts provided through a grant under this section shall be used to-- ``(1) fund diaper distribution demonstration projects that will reduce the substantial cost of diapers and diapering supplies by making diapers and diapering supplies available to low-income families; ``(2) evaluate the effects of such demonstration projects on mitigating health risks, including diaper dermatitis, urinary tract infections, and increased rates of parental and child depression and anxiety, that can arise when low-income families do not have an adequate supply of diapers for infants and toddlers; and ``(3) integrate the diaper distribution demonstration projects with other assistance programs serving families with eligible children. ``(c) Application.--An entity desiring a grant under this section shall submit to the Secretary an application that includes such information as the Secretary may require to ensure a likelihood of success in achieving the purposes of the grant listed in subsection (b). ``(d) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State or local governmental entity; ``(2) an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act); or ``(3) a nonprofit organization as described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. ``(e) No Effect on Other Programs.--Any assistance or benefits provided to a family pursuant to a grant under this section shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under-- ``(1) any other Federal needs-based program; or ``(2) in the case of a grant under this section to a State, any State-funded, needs-based program that is financed in whole or in part with Federal funds. ``(f) Reports.--As a condition of receiving a grant under this section for a fiscal year, an entity shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies-- ``(1) the number of children and the number of families receiving assistance under the diaper distribution demonstration projects funded through such grant for each month of the fiscal year; ``(2) the number of diapers, and the number of each type of diapering supply distributed through such projects for each month of the fiscal year; ``(3) the method or methods the entity uses to distribute diapers and diapering supplies through such projects; and ``(4) such other information as the Secretary may require. ``(g) Evaluation.--The Secretary, in consultation with each entity that receives a grant under this section, shall-- ``(1) not later than September 30, 2019-- ``(A) complete an evaluation of the effectiveness of the diaper distribution demonstration projects carried out pursuant to this section; ``(B) submit to the relevant congressional committees a report on the results of such evaluation; and ``(C) publish the results of the evaluation on the Internet Web site of the Department of Health and Human Services; and ``(2)(A) not later than September 30, 2022, update the evaluation described in paragraph (1)(A); and ``(B) not later than 90 days after completion of the updated evaluation under subparagraph (B)-- ``(i) submit to the relevant congressional committees a report describing the results of such evaluation; and ``(ii) update the Web site described in paragraph (1)(C) to include the results of such evaluation. ``(h) Definitions.--In this section: ``(1) The term `diaper' means an absorbent garment that is washable or disposable that is worn by a child who is not toilet-trained. ``(2) The term `diapering supplies' means items, including diaper wipes and diaper cream, necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash. ``(3) The term `eligible child' means a child who-- ``(A) is not toilet-trained; ``(B) has not attained 4 years of age, unless the entity determines that the child has a substantial physical or mental impairment that requires the child to wear diapers; and ``(C) is a member of a family whose income is not more than 130 percent of the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved. ``(4) The term `toilet-trained' means able and willing to use a toilet consistently such that diapers are not necessary on a daily basis. ``(i) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated for each of fiscal years 2018 through 2022, $25,000,000. ``(2) Availability of funds.--Funds provided to an entity under this section for a fiscal year may be expended only in the fiscal year or the succeeding fiscal year.''.

Hygiene Assistance for Families of Infants and Toddlers Act of 2017 This bill amends the Public Health Service Act to direct the Administration for Children and Familes of the Department of Health and Human Services to award grants to states or local governments, Indian tribes or tribal organizations, or nonprofit organizations to conduct demonstration projects to help low-income families address the diapering needs of their children.

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SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION. (a) In General.--Section 926A of title 18, United States Code, is amended to read as follows: ``Sec. 926A. Interstate transportation of firearms or ammunition ``(a) Notwithstanding any provision of any law, rule, or regulation of a State or any political subdivision thereof: ``(1) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation, the firearm is unloaded, and-- ``(A) if the transportation is by motor vehicle, the firearm is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the firearm is in a locked container other than the glove compartment or console, or is secured by a secure gun storage or safety device; or ``(B) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device. ``(2) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport ammunition, or any detachable magazine or feeding device for ammunition, for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, magazine, or feeding device to any other such place if, during the transportation, the ammunition, magazine, or feeding device is not loaded into a firearm, and-- ``(A) if the transportation is by motor vehicle, the ammunition, magazine, or feeding device is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the ammunition, magazine, or feeding device is in a locked container other than the glove compartment or console; or ``(B) if the transportation is by other means, the ammunition, magazine, or feeding device is in a locked container. ``(b) In subsection (a), the term `transport' includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport, but does not include transportation-- ``(1) with the intent to commit a crime punishable by imprisonment for a term exceeding one year that involves the use or threatened use of force against another; or ``(2) with knowledge, or reasonable cause to believe, that such a crime is to be committed in the course of, or arising from, the transportation. ``(c)(1) A person who is transporting a firearm, ammunition, magazine, or feeding device may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related solely to the possession, transportation, or carrying of firearms, ammunition, magazine, or feeding device unless there is probable cause to believe that the person is doing so in a manner not provided for in subsection (a). ``(2) When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsection (a). ``(3) When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney's fee. ``(d)(1) A person who is deprived of any right, privilege, or immunity secured by this section, section 926B or 926C, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages and other appropriate relief. ``(2) The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney's fee.''. (b) Clerical Amendment.--The table of sections for such chapter is amended in the item relating to section 926A by striking ``firearms'' and inserting ``firearms or ammunition''.

This bill amends the federal criminal code to revise provisions related to the interstate transportation of firearms and ammunition. An individual may transport a firearm between two places (e.g., states) where it is legal to possess, carry, or transport the firearm. During transport, the firearm must be unloaded and secured or securely stored. Additionally, an individual may transport ammunition, or a detachable magazine or feeding device, between two places where it is legal to possess, carry, or transport the ammunition, magazine, or feeding device. During transport, the ammunition, magazine, or feeding device must not be loaded into a firearm and must be securely stored. This bill prohibits the arrest or detention of an individual for a state or local firearm or ammunition violation unless there is probable cause to believe the individual failed to comply with the provisions of this bill.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Laboratory Technology Maturation Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Small business concern.--The term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. ESTABLISHMENT OF TECHNOLOGY MATURATION GRANT PROGRAM. (a) In General.--The Secretary shall establish the National Laboratory technology maturation program under which the Secretary shall make grants to National Laboratories for the purpose of increasing the successful transfer of technologies licensed from National Laboratories to small business concerns by providing a link between an innovative process or technology and a practical application with potential to be successful in commercial markets. (b) Application for Grant From the Secretary.-- (1) In general.--Each National Laboratory that elects to apply for a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents.--In an application submitted under this subsection, a National Laboratory shall describe how the National Laboratory will-- (A) manage a technology maturation program; (B) encourage small business concerns, with an emphasis on businesses in the region in which the National Laboratory is located, to participate in the technology maturation program; (C) select small business concerns and technologies to participate in the technology maturation program using a selection board (referred to in this section as the ``selection board'') made up of technical and business members, including venture capitalists and investors; and (D) measure the results of the program and the return on investment, including-- (i) the number of technologies licensed to small business concerns; (ii) the number of new small business concerns created; (iii) the number of jobs created or retained; (iv) sales of the licensed technologies; (v) the change in average salaries paid by the participating small business concerns; and (vi) any additional external investment attracted by participating small business concerns. (c) Maximum Grant.--The maximum amount of a grant received by a National Laboratory under subsection (a) shall be $5,000,000 for each fiscal year. (d) Vouchers to Small Business Concerns From National Laboratories.-- (1) In general.--A National Laboratory receiving a grant under subsection (a) shall use the grant funds to provide vouchers to small business concerns that hold a technology license from a National Laboratory to pay the cost of providing assistance from scientists and engineers at the National Laboratory to assist in the development of the licensed technology and further develop related products and services until the products and services are market-ready or sufficiently developed to attract private investment. (2) Use of voucher funds.--A small business concern receiving a voucher under paragraph (1) may use the voucher-- (A) to gain access to special equipment or facilities at the National Laboratory that awarded the voucher; (B) to partner with the National Laboratory on a commercial prototype; and (C) to perform early-stage feasibility or later- stage field testing. (3) Eligible projects.--A National Laboratory receiving a grant under subsection (a) may provide a voucher to small business concerns and partnerships between a small business concern and an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) for projects-- (A) involving-- (i) commercial prototypes; (ii) scale-up and field demonstrations; or (iii) other activities that move the technology closer to successful commercialization; and (B) that do not exceed 1 year. (4) Application for voucher from national laboratory.--Each small business concern that holds a technology license from a National Laboratory that elects to apply for a voucher under paragraph (1) shall submit an application to the selection board at such time, in such manner, and containing such information as the selection board may reasonably require. (5) Criteria.--The selection board may award vouchers based on-- (A) the technological and commercial viability of the project for commercial success; (B) a significant opportunity for new company formation or growth of an existing company in the region in which the National Laboratory is located; (C) access to a strong, experienced business and technical team; (D) clear, market-driven milestones for the project that connect to an ability to leverage matching funds from other sources; (E) a clear path for commercialization; (F) identification of a profitable market; (G) the potential to enhance the technology-driven economy of the region in which the National Laboratory is located; (H) availability and source of matching funds for the project; and (I) compatibility with the mission of the National Laboratory. (6) Maximum voucher.--The maximum amount of a voucher received by a small business concern under paragraph (1) shall be $250,000. (7) Progress tracking.-- (A) In general.--The National Laboratory that awards a voucher to carry out a project under paragraph (1) shall establish a procedure to monitor interim progress of the project toward commercialization milestones. (B) Termination of voucher.--If the National Laboratory determines that a project is not making adequate progress toward commercialization milestones under the procedure established pursuant to subparagraph (A), the project shall not continue to receive funding or assistance under this subsection. SEC. 4. ANNUAL REPORT. (a) In General.--Each National Laboratory receiving a grant under section 3 shall submit to the Secretary an annual report, at such time and in such manner as the Secretary may reasonably require. (b) Contents of Report.--The report submitted under subsection (a) shall-- (1) include a list of each recipient of a voucher and the amount of each voucher awarded; and (2) provide an estimate of the return on investment, including-- (A) the number of technologies licensed to small business concerns; (B) the number of new small business concerns created; (C) the number of jobs created or retained; (D) sales of the licensed technologies; (E) the change in average salaries paid by the participating small business concerns; and (F) any additional external investment attracted by participating small business concerns. SEC. 5. FINAL REPORT. Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Science, Space, and Technology of the House of Representatives a report on the results of the program established under section 3, including-- (1) the return on investment; and (2) any recommendations for improvements to the program. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2015 through 2019.

National Laboratory Technology Maturation Act of 2014 - Requires the Secretary of Energy (DOE) to establish the National Laboratory technology maturation program to make grants of up to $5 million per fiscal year to National Laboratories to increase the successful transfer of technologies licensed from National Laboratories to small businesses by providing a link between an innovative process or technology and a practical application with potential to be successful in commercial markets. Requires grant recipients to use the funds to provide vouchers of up to $250,000 each to small businesses that hold a technology license from a National Laboratory to pay the cost of providing assistance from its scientists and engineers to assist in the development of the licensed technology and further develop related products and services until they are market-ready or sufficiently developed to attract private investment. Requires a National Laboratory that awards a voucher to carry out such a project to: (1) establish a procedure to monitor interim progress of the project toward commercialization milestones, and (2) discontinue providing such funding or assistance if it determines that a project is not making adequate progress toward such milestones under the procedure.

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SECTION 1. SHORT TITLE. This title may be cited as the ``Temporary Emergency Unemployment Compensation Act of 2001''. SEC. 2. FEDERAL-STATE AGREEMENTS. (a) In General.--Any State which desires to do so may enter into and participate in an agreement under this title with the Secretary of Labor (in this title referred to as the ``Secretary''). Any State which is a party to an agreement under this title may, upon providing 30 days written notice to the Secretary, terminate such agreement. (b) Provisions of Agreement.--Any agreement under subsection (a) shall provide that the State agency of the State will make payments of temporary emergency unemployment compensation to individuals who-- (1) have exhausted all rights to regular compensation under the State law; (2) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law (and are not paid or entitled to be paid any additional compensation under any State or Federal law); and (3) are not receiving compensation with respect to such week under the unemployment compensation law of Canada. (c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when-- (1) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period; or (2) such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. (d) Weekly Benefit Amount.--For purposes of any agreement under this title-- (1) the amount of temporary emergency unemployment compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to such individual during such individual's benefit year under the State law for a week of total unemployment; (2) the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall apply to claims for temporary emergency unemployment compensation and the payment thereof, except where inconsistent with the provisions of this title or with the regulations or operating instructions of the Secretary promulgated to carry out this title; and (3) the maximum amount of temporary emergency unemployment compensation payable to any individual for whom a temporary emergency unemployment compensation account is established under section 3 shall not exceed the amount established in such account for such individual. (e) Election by States.--Notwithstanding any other provision of Federal law (and if State law permits), the Governor of a State is authorized and may elect to trigger off an extended compensation period in order to provide payment of temporary emergency unemployment compensation to individuals who have exhausted their rights to regular compensation under State law. SEC. 3. TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT. (a) In General.--Any agreement under this title shall provide that the State will establish, for each eligible individual who files an application for temporary emergency unemployment compensation, a temporary emergency unemployment compensation account with respect to such individual's benefit year. (b) Amount in Account.-- (1) In general.--The amount established in an account under subsection (a) shall be equal to 13 times the individual's average weekly benefit amount for the benefit year. (2) Reduction for extended benefits.--The amount in an account under paragraph (1) shall be reduced (but not below zero) by the aggregate amount of extended compensation (if any) received by such individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). (3) Weekly benefit amount.--For purposes of this subsection, an individual's weekly benefit amount for any week is the amount of regular compensation (including dependents' allowances) under the State law payable to such individual for such week for total unemployment. SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION. (a) General Rule.--There shall be paid to each State that has entered into an agreement under this title an amount equal to 100 percent of the temporary emergency unemployment compensation paid to individuals by the State pursuant to such agreement. (b) Treatment of Reimbursable Compensation.--No payment shall be made to any State under this section in respect of any compensation to the extent the State is entitled to reimbursement in respect of such compensation under the provisions of any Federal law other than this title or chapter 85 of title 5, United States Code. A State shall not be entitled to any reimbursement under such chapter 85 in respect of any compensation to the extent the State is entitled to reimbursement under this title in respect of such compensation. (c) Determination of Amount.--Sums payable to any State by reason of such State having an agreement under this title shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this title for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. SEC. 5. FINANCING PROVISIONS. (a) In General.--Funds in the extended unemployment compensation account (as established by section 905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the making of payments to States having agreements entered into under this title. (b) Certification.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this title. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as so established) to the account of such State in the Unemployment Trust Fund (as so established). (c) Assistance to States.--There are appropriated, without fiscal year limitation, such funds as may be necessary for purposes of assisting States (as provided in title III of the Social Security Act (42 U.S.C. 501 et seq.) in meeting the costs of administration of agreements under this title. (d) Authorization of Appropriations for Certain Payments.--There are appropriated from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account (as so established) of the Unemployment Trust Fund (as so established) such sums as the Secretary estimates to be necessary to make the payments under this section in respect of-- (1) compensation payable under chapter 85 of title 5, United States Code; and (2) compensation payable on the basis of services to which section 3309(a)(1) of the Internal Revenue Code of 1986 applies. Amounts appropriated pursuant to the preceding sentence shall not be required to be repaid. SEC. 6. FRAUD AND OVERPAYMENTS. (a) In General.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of temporary emergency unemployment compensation under this title to which he was not entitled, such individual-- (1) shall be ineligible for further temporary emergency unemployment compensation under this title in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and (2) shall be subject to prosecution under section 1001 of title 18, United States Code. (b) Repayment.--In the case of individuals who have received amounts of temporary emergency unemployment compensation under this title to which they were not entitled, the State shall require such individuals to repay the amounts of such emergency unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that-- (1) the payment of such emergency unemployment compensation was without fault on the part of any such individual; and (2) such repayment would be contrary to equity and good conscience. (c) Recovery by State Agency.-- (1) In general.--The State agency may recover the amount to be repaid, or any part thereof, by deductions from any temporary emergency unemployment compensation payable to such individual under this title or from any unemployment compensation payable to such individual under any Federal unemployment compensation law administered by the State agency or under any other Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 3-year period after the date such individuals received the payment of the temporary emergency unemployment compensation to which they were not entitled, except that no single deduction may exceed 50 percent of the weekly benefit amount from which such deduction is made. (2) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. (d) Review.--Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. SEC. 7. DEFINITIONS. In this title, the terms ``compensation'', ``regular compensation'', ``extended compensation'', ``additional compensation'', ``benefit year'', ``base period'', ``State'', ``State agency'', ``State law'', and ``week'' have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). SEC. 8. APPLICABILITY. An agreement entered into under this Act shall apply to weeks of unemployment-- (1) beginning no earlier than the first day of the first week beginning after the date on which such agreement is entered into; and (2) ending before the date that is 18 months after the date of enactment of this Act. SEC. 9. TEMPORARY REDUCTION IN INTEREST RATE APPLICABLE TO REPAYMENTS OF ADVANCES TO STATE UNEMPLOYMENT FUNDS. With respect to advances made to a State under section 1201 of the Social Security Act (42 U.S.C. 1321) during the period beginning on the date of enactment of this Act and ending on the date that is 18 months after such date of enactment, the rate of interest paid by a State on such an advance shall be determined under section 1202(b)(4) of the such Act (42 U.S.C. 1322(b)(4)) by substituting ``5 percent'' for ``10 percent'' in the matter preceding subparagraph (A).

Temporary Emergency Unemployment Compensation Act of 2001 - Provides for a program of temporary emergency unemployment compensation (TEUC).Sets forth TEUC program requirements for Federal-State agreements, formulas for determining amounts in individual TEUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation (including both regular and extended compensation). Reduces an individual TEUC account by the aggregate amount of any extended compensation for the same benefit year.Applies TEUC agreements to weeks of unemployment: (1) beginning on or after the first day of the first week after the date on which such agreement is entered into; and (2) ending before the date that is 18 months after enactment of this Act.Provides for a temporary reduction in the interest rate applicable to repayments of advances to State unemployment funds.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Accountability in Congressional Travel Act of 2012''. SEC. 2. ENHANCED DISCLOSURE OF MEMBER AND STAFF TRAVEL. (a) Reporting Requirements for Official Foreign Travel by Members and Employees.-- (1) Statement required prior to undertaking travel.--A Member or employee of Congress may not undertake any official foreign travel unless, not later than 14 days prior to the date on which the travel begins, the Member or employee prepares and submits to the Clerk of the House of Representatives (in the case of a Member or employee of the House) or the Secretary of the Senate (in the case of a Senator or employee of the Senate) a statement containing the following information: (A) The name and position of the Member or employee involved, and (in the case of an employee) the employing office. (B) The office authorizing the travel. (C) A statement of worthiness regarding the purpose of the travel, including a description of how the travel relates to the Member's or employee's official duties. (D) A tentative itinerary for each day of the travel, including a list of the foreign nations and the locations within each such nation the Member or employee intends to visit and any individuals with whom the Member or employee intends to meet. (E) The names of any other individuals who are accompanying the Member or employee during the travel, without regard to whether such individuals are Members or employees of the House. (F) The amount of per diem the Member or employee requested to be provided for the travel, and whether the amount is greater than the standard per diem provided under chapter 57 of title 5, United States Code. (G) A statement as to whether the aircraft to be used for transportation for the travel is commercial, chartered, private, or military), and (in the case of commercial aircraft) whether the seating is coach, business class, or first class. (H) The Member's or employee's best estimate of the costs of the travel, itemized by the costs of transportation, meals, and lodging. (I) If any portion of the cost of the travel will be paid using appropriated funds other than funds of the House of Representatives or Senate (including funds of the Department of Defense or the Department of State), the name of the office which is the source of such funds. (2) Statement required after completion of travel.--Not later than 14 days after completing any official foreign travel, the Member or employee who undertook the travel shall prepare and submit to the Clerk of the House of Representatives (in the case of a Member or employee of the House) or the Secretary of the Senate (in the case of a Senator or employee of the Senate) a statement containing the following information: (A) The name and position of the Member or employee involved, and (in the case of an employee) the employing office. (B) The office authorizing the travel. (C) A statement detailing the value, worthiness, and educational benefit to the Member or employee of the travel. (D) The actual itinerary for the travel, including a comprehensive statement of travel times, foreign nations visited and the locations visited in each such nation, meetings, and other activities carried out during the travel. (E) The names of any other individuals who did accompany the Member or employee during the travel, without regard to whether such individuals are Members or employees of the House. (F) How much (if any) per diem was provided for the travel and how much (if any) of such per diem was unspent. (G) A statement as to whether the aircraft used for transportation for the travel was commercial, chartered, private, or military), and (in the case of commercial aircraft) whether the seating was coach, business class, or first class. (H) The actual cost of the travel, itemized by the costs of-- (i) transportation (including the identification of the providers of the transportation); (ii) lodging (including the identification of the providers of the lodging); and (iii) meals (including the identification of the providers of the meals). (I) If any portion of the cost of the travel was paid (or will be paid) using appropriated funds other than funds of the House of Representatives or Senate (including funds of the Department of Defense or the Department of State), the name of the office which is the source of such funds and the amount of the payment which is (or which will be) attributable to such office. (3) Exception for classified information.--A Member or employee may exclude from a statement prepared under this subsection any information which is classified, so long as the Member includes documentation in support of the exclusion in the statement prepared under this subsection. (4) Use of electronic filing.--To the greatest extent practicable, a Member or employee shall submit the statements required under this section in both paper and electronic form. (b) Determination and Disclosure of Costs Incurred by Secretary of Defense or Secretary of State.--In the case of official foreign travel of a Member or employee of Congress for which any of the costs are to be paid by funds of the Department of Defense or the Department of State, the Secretary of Defense or the Secretary of State (as the case may be) shall, not later than 10 days after completion of the travel involved, provide the Member or employee with a written statement containing the following information: (1) The cost incurred with respect to the Member or employee, itemized by the cost of transportation, lodging, and meals. (2) A statement as to whether the aircraft used for transportation for the travel was commercial, chartered, private, or military), and (in the case of commercial aircraft) whether the seating was coach, business class, or first class. (3) Such other information as the Member or employee may request in order to enable the Member or employee to prepare and submit the statement required under subsection (a)(2). (c) Internet Posting of Reports.--Upon receiving a statement under subsection (a) with respect to official foreign travel of a Member or employee of Congress, the Clerk of the House of Representatives or the Secretary of the Senate (as the case may be) shall post the statement on the Clerk's or Secretary's official public Internet site in a searchable, sortable, and downloadable manner. SEC. 3. OTHER RESTRICTIONS ON OFFICIAL FOREIGN TRAVEL OF MEMBERS AND STAFF. (a) Prohibiting Vacation Stopovers During Travel.--A Member or employee of Congress may not undertake a vacation stopover for annual leave at any point during official foreign travel. (b) Restrictions on Travel by Employees.-- (1) Travel by employees of members.--An employee of Congress whose employing office is the office of a Member of Congress may not undertake any official foreign travel unless-- (A) the authorizing office for the travel is the office of the Member; (B) the travel is undertaken by the employee to accompany the Member on the Member's own official foreign travel; and (C) no other employee of the office accompanies the Member on such travel. (2) Travel by employees of committees.--An employee of Congress whose employing office is the office of a committee of the House of Representatives or Senate (including a joint committee) may not undertake any official foreign travel unless-- (A) the authorizing office for the travel is the office of the committee; (B) the travel is undertaken by the employee to accompany a Member who serves on the committee on the Member's own official foreign travel; and (C) the number of employees accompanying the Members of the committee on such travel does not exceed the number of Members of the committee who are participating in such travel. (3) Exception for certain travel.--This subsection does not apply with respect to travel to a military installation or travel to a theater of operations of the Armed Forces. (c) Requiring Efforts To Reduce Expenses; Return of Unspent Per Diem.--Each Member and employee of Congress who undertakes official foreign travel shall-- (1) take such actions as may be necessary to reduce the costs incurred for such travel; and (2) return any per diem provided to the Member or employee which remains unexpended as of the conclusion of the travel. (d) No Effect on Other Authorization Requirements.--Nothing in this section shall be construed to affect any requirement under the Rules of the House of Representatives, the Standing Rules of the Senate, or any law that a Member, officer, or employee of Congress obtain authorization for official foreign travel prior to undertaking such travel. (e) Regulations.--This section shall be carried out in accordance with regulations promulgated-- (1) by the Committee on House Administration of the House of Representatives, with respect to Members and employees of the House of Representatives; or (2) by the Committee on Rules and Administration of the Senate, with respect to Senators and employees of the Senate. SEC. 4. DEFINITIONS. In this Act, the following definitions apply: (1) The term ``authorizing office'' means, with respect to a Member or employee of Congress, the office which is authorized under law or the Rules of the House of Representatives or the Standing Rules of the Senate to approve the use of appropriated funds, including official funds of the Senate or House of Representatives, for official travel outside of the United States by the Member or employee. (2) The term ``employee of Congress'' means an individual whose salary is disbursed by the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate. (3) The term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. (4) The term ``official foreign travel'' means any travel outside of the United States for which the costs (including the costs of transportation, lodging, meals, and related expenses) may be covered by appropriated funds, including official funds of the Senate or House of Representatives, under law or the Rules of the House of Representatives or the Standing Rules of the Senate, or by funds provided under section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754(b)). SEC. 5. EFFECTIVE DATE. This Act shall apply with respect to official foreign travel undertaken after the expiration of the 90-day period which begins on the date of the enactment of this Act.

Transparency and Accountability in Congressional Travel Act of 2012 - Prohibits a Member of Congress or congressional employee from undertaking any official foreign travel unless, within 14 days before and within 14 days after such travel, the individual prepares and submits to the Clerk of the House of Representatives or the Secretary of the Senate, as appropriate, a specified statement (in both paper and electronic form) containing travel-related information. Allows the Member or congressional employee to exclude classified information from such statements, so long as the Member includes documentation in support of such exclusion. Requires the Secretary of Defense (DOD) or the Secretary of State, as appropriate, for official travel by a Member or congressional employee for which any of the costs are to be paid by their respective departmental funds, to give such individual, within 10 days after completion of such travel, a written statement specifying: (1) the cost incurred, itemized by the cost of transportation, lodging, and meals; and (2) whether the aircraft used was chartered, private, military, or, in the case of commercial aircraft, whether the seating was coach, business class, or first class. Requires the Clerk and the Secretary to post such statements on their respective official public Internet sites. Prohibits a vacation stopover for annual leave at any point during official foreign travel. Specifies restrictions on official foreign travel by Member and House committee employees, except travel to a military installation or to a theater of operations of the Armed Forces. Requires each Member and congressional employee who undertakes official foreign travel to: (1) take necessary actions to reduce travel costs, and (2) return any per diem remaining unexpended at conclusion of the travel.

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SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Local Government Landfill Compliance Deadline Act''. (b) Purpose.--The purpose of this Act is to strengthen the ability of county and city officials to fulfill the goals established for municipal solid waste landfills by allowing adequate time for wise, environmentally sound, and fiscally responsible decisionmaking by the officials in a manner consistent with the obligations of the officials to the citizens they serve. SEC. 2. TEMPORARY EXEMPTION OF CERTAIN LANDFILLS FROM MEETING REVISED CRITERIA. (a) Temporary Exemption.-- (1) In general.--Except as provided in paragraph (2), during the 1-year period beginning on October 9, 1993, each municipal solid waste landfill that-- (A) is in existence on October 8, 1993; and (B) meets the requirements of the criteria contained in regulations issued pursuant to sections 4004(a) and 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6944(a) and 6949a(c), respectively) as in effect on January 1, 1993, shall not be required to meet any revised criteria that take effect after the date specified in subparagraph (B). (2) Exceptions.-- (A) In general.--If the Administrator of the Environmental Protection Agency (referred to in this section as the `Administrator'), or the appropriate official of a State with a plan approved by the Administrator pursuant to title IV of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) (referred to in this section as an ``appropriate State official''), determines that the owner or operator of a municipal solid waste landfill did not make a good faith effort before October 9, 1993, to comply with any revised criteria that took effect after the date specified in paragraph (1)(B), the exemption described in paragraph (1) shall not apply to the landfill. (B) Temporary extension of exemption.--The owner or operator of a municipal solid waste landfill that is the subject of an exemption under paragraph (1) may submit an application to the Administrator or an appropriate State official (in the case of a State referred to in subparagraph (A)) for a 180-day extension of the exemption. The Administrator (or the appropriate State official) shall grant the extension if the Administrator (or the appropriate State official) determines that the owner or operator cannot achieve compliance with the revised criteria referred to in such paragraph by the end of the 1-year period specified in such paragraph because of 1 or more factors beyond the control of the owner or operator, including-- (i) litigation; (ii) adverse weather conditions that slow or bring to a temporary halt the construction of a landfill; (iii) a breakdown in negotiations for the construction or use of a regional landfill that requires any local government participating in the negotiations to pursue other arrangements for waste disposal; or (iv) any delay in siting, permitting, or patenting a landfill or transfer station, including any delay attributable to-- (I) the unavailability of, or inaccessibility to, technical assistance; or (II) procedures for purchasing, leasing, permitting, or patenting a site on Federal land, including carrying out any necessary environmental assessments or preparing environmental impact statements pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (C) Mandatory extension.--The Administrator (or the appropriate State official) may not disapprove any application referred to in subparagraph (B) in any case in which the Administrator (or appropriate State official) determines that the failure of a Federal agency or a department or agency of a State to issue a permit, patent, or other necessary approval for a landfill that is the subject of the application, or a transfer station associated with the landfill, has been a factor in the inability of the owner or operator of the landfill to achieve compliance with the revised criteria referred to in paragraph (1). (b) Prior Criteria Applicable During Exemption Period.--During the period specified in subsection (a)(1), and during any applicable additional period specified in subsection (a)(2)(B), a landfill subject to an exemption pursuant to this section shall be subject to the criteria referred to in subsection (a)(1)(B). (c) Effective Date of Revised Criteria.--Except as otherwise specifically provided in this Act, beginning on October 9, 1994, each municipal solid waste landfill shall be subject to the revised criteria applicable to the landfill issued pursuant to sections 4004(a) and 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6944(a) and 6949a(c), respectively), and any subsequent revision to the criteria. (d) Citizen Suits.--No person may commence a civil action pursuant to section 7002 of the Solid Waste Disposal Act (42 U.S.C. 6972) on the basis of the failure of a municipal solid waste landfill subject to the exemption described in subsection (a)(1) to meet any requirement with respect to which the exemption applies. SEC. 3. EXTENSION OF EFFECTIVE DATE OF FINANCIAL ASSURANCE REQUIREMENTS. (a) In General.--Notwithstanding any other provision of law, the Administrator shall issue regulations that revise the financial assurance requirements under subpart G of title 40, Code of Federal Regulations, to broaden the mechanisms available to an owner or operator of a municipal solid waste landfill for demonstrating financial responsibility. The revised regulations shall include revised criteria for determining whether mechanisms in addition to the mechanisms specified in the regulations may be approved by the Administrator. The revised criteria shall take into account the financial circumstances of small municipalities and counties (as defined and determined by the Administrator). (b) Effective Date.--The revised regulations promulgated pursuant to subsection (a) shall take effect on the date that is 2 years after the promulgation of the regulations. (c) Applicability.--During the period beginning on the effective date specified in section 258.70 of title 40, Code of Federal Regulations, and ending on the date specified in subsection (b), the financial assurance requirements under subpart G of part 258 of title 40, Code of Federal Regulations, shall not apply. SEC. 4. GROUND WATER MONITORING. (a) In General.--As soon as practicable after the date of enactment of this Act, the Administrator shall issue regulations that exempt from the ground water monitoring requirements under sections 258.51 through 258.55 of title 40, Code of Federal Regulations, any municipal solid waste landfill unit described in the matter preceding clause (i) in section 258.1(f)(1), as added by the final rule published at 56 Fed. Reg. 50798 on October 9, 1991, (referred to in this section as a ``small landfill'')-- (1) in a community that experiences an annual interruption of at least 3 consecutive months of surface transportation that prevents access to a regional waste management facility; or (2) in a community that has no practicable waste management alternative and that has a small landfill unit located in an area that annually receives less than or equal to 25 inches of precipitation. (b) Effective Date.--The regulations promulgated pursuant to subsection (a) shall take effect on the date that is 2 years after the date of enactment of this Act. (c) Exemption.--Notwithstanding any other provision of law, before the effective date of the regulations referred to in subsection (b), a landfill referred to in subsection (a) shall not be required to carry out any ground water monitoring activities required under Federal law.

Local Government Landfill Compliance Deadline Act - Exempts municipal solid waste landfills existing as of October 8, 1993, which meet criteria under the Solid Waste Disposal Act as in effect on January 1, 1993, from meeting any revised criteria (established for facilities which may receive hazardous wastes) for a period of one year. Makes such exemption inapplicable to landfill owners or operators who did not make a good faith effort before October 9, 1993, to comply with criteria. Provides for a 180-day extension of the exemption subject to specified factors beyond the control of the owner or operator. Directs the Administrator of the Environmental Protection Agency to issue regulations to revise specified financial assurance requirements under the Code of Federal Regulations (CFR) to broaden the mechanisms available to municipal landfill owners or operators for demonstrating financial responsibility. Makes current requirements inapplicable until the effective date of such regulations. Requires the Administrator to issue regulations that exempt certain small landfills from CFR groundwater monitoring requirements.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Marian Anderson Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) Marian Anderson, one of the world's greatest singers, a champion for civil rights, and a leader in the advancement of global peace, was born on February 27, 1897, in Philadelphia, Pennsylvania; (2) Marian Anderson, a master of repertoire actress operatic, recital, and American traditional genres, played a vital role in the acceptance of African-American musicians in the classical music world; (3) in 1963, Marian Anderson was given a Presidential Medal of Freedom; (4) in 1974, Congress passed a resolution to have a special gold medal minted in her name; (5) in 1977, Marian Anderson, who was an alternate delegate to the United Nations, received the U.N. Peace Prize; (6) in 1986, Marian Anderson was awarded the National Arts Medal; and (7) 1997 will mark the centennial of the birth of Marian Anderson. TITLE I--COMMEMORATIVE COINS SEC. 101. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the centennial of the birth of Marian Anderson, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue-- (1) not more than 350,000 $1 coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper; and (2) not more than 350,000 half dollar coins, each of which shall-- (A) weigh 12.50 grams; (B) have a diameter of 1.205 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this title shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this title shall be considered to be numismatic items. SEC. 102. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this title only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 103. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this title shall be emblematic of the many accomplishments of Marian Anderson throughout her prolific life. (2) Designation and inscriptions.--On each coin minted under this title there shall be-- (A) a designation of the value of the coin; (B) an inscription of the years ``1897-1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse of coin.--The obverse of each coin minted under this title shall bear the likeness of Marian Anderson. (b) Design Competition.--Before the end of the 3-month period beginning on the date of enactment of this Act, the Secretary shall conduct an open design competition for the design of the obverse and the reverse of the coins minted under this title. (c) Selection.--The design for the coins minted under this title shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 104. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this title shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this title. (c) Commencement of Issuance.--The Secretary may issue coins minted under this title beginning on and after the date of enactment of this Act. (d) Termination of Minting Authority.--No coins may be minted under this title after July 31, 1998. SEC. 105. SALE OF COINS. (a) Sale Price.--The coins issued under this title shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this title at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this title before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales of coins minted under this title shall include a surcharge of-- (1) $14 per coin for the $1 coin; and (2) $7 per coin for the half dollar coin. SEC. 106. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this title. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this title from complying with any law relating to equal employment opportunity. SEC. 107. DISTRIBUTION OF SURCHARGES. (a) In General.--Subject to section 5134(f) of title 31, United States Code, the first $2,000,000 of the surcharges received by the Secretary from the sale of coins issued under this title shall be promptly paid by the Secretary as follows: (1) Smithsonian institution.--50 percent to the Board of Regents of the Smithsonian Institution, for exhibits on African-American art, history, and culture. (2) Corporation for public broadcasting.--50 percent to the Public Broadcasting Fund established under section 396(k) of the Communications Act of 1934 (47 U.S.C. 396(k)), for educational programs on African-American art, history, and culture and on the life of Marian Anderson. (b) Excess Payable to the National Numismatic Collection.--After payment of the amounts required under subsection (a), the Secretary shall pay the remaining surcharges to the National Museum of American History in Washington, D.C., for the support of the National Numismatic Collection at the museum. (c) Audits.--Each organization that receives any payment from the Secretary under this section shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. SEC. 108. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this title will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this title unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. TITLE II--CIRCULATING COINS SEC. 201. AUTHORITY TO REDESIGN HALF DOLLAR CIRCULATING COINS. Section 5112(d) of title 31, United States Code, is amended by inserting after the 6th sentence the following: ``At the discretion of the Secretary, half dollar coins minted after December 31, 1996, and before July 31, 1998, may bear the same design as the commemorative coins minted under title I of the Marian Anderson Centennial Commemorative Coin Act, as established under section 103 of that Act.''.

TABLE OF CONTENTS: Title I: Commemorative Coins Title II: Circulating Coins Marian Anderson Centennial Commemorative Coin Act - Title I: Commemorative Coins - Instructs the Secretary of the Treasury to: (1) mint and issue one-dollar and half-dollar coins in commemoration of the centennial of the birth of Marian Anderson; and (2) allocate sales surcharges to the Smithsonian Institution, the Public Broadcasting Fund, and the National Museum of American History for the support of the National Numismatic Collection. Title II: Circulating Coins - Amends Federal currency law to provide that at the Secretary's discretion, half-dollar coins minted after specified dates may bear the same design as the commemorative coins minted under this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as ``The VA Vision Scholars Act of 2007''. SEC. 2. VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS EDUCATION ASSISTANCE PROGRAM. (a) Establishment of Program.--Part V of title 38, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 80--VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS EDUCATION ASSISTANCE PROGRAM ``Sec. ``8001. Establishment of scholarship program; purpose. ``8002. Application and acceptance. ``8003. Amount of assistance; duration. ``8004. Agreement. ``8005. Repayment for failure to satisfy requirements of agreement. ``Sec. 8001. Establishment of scholarship program; purpose ``(a) Establishment.--Subject to the availability of appropriations, the Secretary shall establish and carry out a scholarship program to provide financial assistance in accordance with this chapter to an individual-- ``(1) who is accepted for enrollment or currently enrolled in a program of study leading to a degree or certificate in visual impairment or orientation and mobility, or a dual degree or certification in both such areas, at an accredited (as determined by the Secretary) educational institution that is in a State; and ``(2) who enters into an agreement with the Secretary as described in section 8004 of this title. ``(b) Purpose.--The purpose of the scholarship program established under this chapter is to increase the supply of qualified blind rehabilitation specialists for the Department and the Nation. ``(c) Outreach.--The Secretary shall publicize the scholarship program established under this chapter to educational institutions throughout the United States, with an emphasis on disseminating information to such institutions with high numbers of Hispanic students and to Historically Black Colleges and Universities. ``Sec. 8002. Application and acceptance ``(a) Application.--(1) To apply and participate in the scholarship program under this chapter, an individual shall submit to the Secretary an application for such participation together with an agreement described in section 8004 of this title under which the participant agrees to serve a period of obligated service in the Department as provided in the agreement in return for payment of educational assistance as provided in the agreement. ``(2) In distributing application forms and agreement forms to individuals desiring to participate in the scholarship program, the Secretary shall include with such forms the following: ``(A) A fair summary of the rights and liabilities of an individual whose application is approved (and whose agreement is accepted) by the Secretary. ``(B) A full description of the terms and conditions that apply to participation in the scholarship program and service in the Department. ``(b) Approval.--(1) Upon the Secretary's approval of an individual's participation in the scholarship program, the Secretary shall, in writing, promptly notify the individual of that acceptance. ``(2) An individual becomes a participant in the scholarship program upon such approval by the Secretary. ``Sec. 8003. Amount of assistance; duration ``(a) Amount of Assistance.--The amount of the financial assistance provided for an individual under this chapter shall be the amount determined by the Secretary as being necessary to pay the tuition and fees of the individual. In the case of an individual enrolled in a program of study leading to a dual degree or certification in both the areas of study described in section 8001(a)(1) of this title, the tuition and fees shall not exceed the amounts necessary for the minimum number of credit hours to achieve such dual certification or degree. ``(b) Relationship to Other Assistance.--Financial assistance may be provided to an individual under this chapter to supplement other educational assistance to the extent that the total amount of educational assistance received by the individual during an academic year does not exceed the total tuition and fees for such academic year. ``(c) Maximum Amount of Assistance.--(1) In no case may the total amount of assistance provided under this chapter for an academic year to an individual who is a full-time student exceed $15,000. ``(2) In the case of an individual who is a part-time student, the total amount of assistance provided under this chapter shall bear the same ratio to the amount that would be paid under paragraph (1) if the participant were a full-time student in the program of study being pursued by the individual as the coursework carried by the individual to full-time coursework in that program of study. ``(3) In no case may the total amount of assistance provided to an individual under this chapter exceed $45,000. ``(d) Maximum Duration of Assistance.--The Secretary may provide financial assistance to an individual under this chapter for not more than six years. ``Sec. 8004. Agreement ``An agreement between the Secretary and a participant in the scholarship program under this chapter shall be in writing, shall be signed by the participant, and shall include the following: ``(1) The Secretary's agreement to provide the participant with financial assistance as authorized under this chapter. ``(2) The participant's agreement-- ``(A) to accept such financial assistance; ``(B) to maintain enrollment and attendance in the program of study described in section 8001(a)(1) of this chapter; ``(C) while enrolled in such program, to maintain an acceptable level of academic standing (as determined by the educational institution offering such program under regulations prescribed by the Secretary); and ``(D) after completion of the program, to serve as a full-time employee in the Department for a period of three years, to be served within the first six years after the participant has completed such program and received a degree or certificate described in section 8001(a)(1) of this chapter. ``(3) Such other terms and conditions that the Secretary determines appropriate for carrying out this chapter. ``Sec. 8005. Repayment for failure to satisfy requirements of agreement ``(a) In General.--An individual who receives educational assistance under this chapter shall repay to the Secretary an amount equal to the unearned portion of such assistance if the individual fails to satisfy the requirements of the agreement entered into under section 8004 of this title, except in circumstances authorized by the Secretary. ``(b) Amount of Repayment.--The Secretary shall establish, by regulations, procedures for determining the amount of the repayment required under this section and the circumstances under which an exception to the required repayment may be granted. ``(c) Waiver or Suspension of Compliance.--The Secretary shall prescribe regulations providing for the waiver or suspension of any obligation of an individual for service or payment under this chapter (or an agreement under this chapter) whenever noncompliance by the individual is due to circumstances beyond the control of the individual or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States. ``(d) Obligation as Debt to United States.--An obligation to repay the Secretary under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date of the termination of the agreement or contract on which the debt is based.''. (b) Clerical Amendments.--The tables of chapters at the beginning of title 38, and of part V of title 38, are each amended by inserting after the item relating to chapter 79 the following new item: ``80. Visual Impairment and Orientation and Mobility 8001.''. Professionals Education Assistance Program. (c) Effective Date.--The Secretary of Veterans Affairs shall implement chapter 80 of title 38, United States Code, as added by subsection (a), not later than six months after the date of the enactment of this Act.

VA Vision Scholars Act of 2007 - Directs the Secretary of Veterans Affairs to establish and carry out a scholarship program of financial assistance for individuals who: (1) are accepted for, or currently enrolled in, a program of study leading to a degree or certificate in visual impairment or orientation and mobility, or both; and (2) enter into an agreement to serve, after program completion, as a full-time Department of Veterans Affairs (VA) employee for three years within the first six years after program completion. Sets maximum assistance amounts of $15,000 per academic year and $45,000 total. Requires pro rate repayment for failure to satisfy education or service requirements, while allowing the Secretary to waive or suspend such repayment whenever noncompliance is due to circumstances beyond the control of the participant, or when waiver or suspension is in the best interests of the United States.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Deafy Glade Land Exchange Act''. SEC. 2. LAND EXCHANGE, MENDOCINO NATIONAL FOREST, CALIFORNIA. (a) Land Exchange Required.--If Solano County, California (in this section referred to as the ``County'') conveys to the Secretary of Agriculture all right, title, and interest of the County in and to four parcels of land consisting of a total of approximately 160 acres identified on the map entitled ``Fouts Springs-Deafy Glade Federal and Non-Federal Lands'' and dated July 17, 2008, the Secretary shall convey to the County, in exchange, all right, title, and interest of the United States in and to the parcel of land in the Mendocino National Forest in the State of California (including any improvements on the land) comprising approximately 82 acres and known as the Fouts Springs Ranch, as also depicted on the map. (b) Availability of Map.--The map referred to in subsection (a) shall be on file and available for public inspection in the Office of the Chief of the Forest Service. With the agreement of the County, the Secretary may make technical corrections to the map and the legal descriptions of the land to be exchanged under this section. (c) Land Exchange Process.--Section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) shall apply to the land exchange under this section. (d) Survey and Administrative Costs.--The exact acreage and legal description of the land to be exchanged under subsection (a) shall be determined by a survey satisfactory to the Secretary. The costs of the survey and any administrative costs related to the land exchange shall be borne by the County. (e) Condition on Use of Conveyed Land.--As a condition of the conveyance to the County under subsection (a), the County shall agree to continue to use the land acquired by the County under such subsection for purposes consistent with the purposes listed in the special use authorization for the Fouts Springs Ranch in effect as of the date of the enactment of this Act. (f) Easement Authority.--The Secretary may grant an easement to provide continued access to, and maintenance and use of, the facilities covered by the special use authorization referred to in subsection (e) as necessary for the continued operation of the Fouts Springs Ranch conveyed under subsection (a). (g) Management of Acquired Land.--The lands acquired by the Secretary under subsection (a) shall be added to and administered as part of the Mendocino National Forest and managed in accordance with the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) and the laws and regulations applicable to the National Forest System. (h) Additional Terms and Conditions.--The land exchange under subsection (a) shall be subject to such additional terms and conditions as the Secretary and the County may agree upon. SEC. 3. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA. (a) In General.--The Secretary of Commerce may sell or exchange to the City of Norfolk, Virginia, in accordance with chapter 13 of title 40, United States Code, real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (in this section referred to as ``NOAA''), including land and improvements thereon, located at 538 Front Street, Norfolk, Virginia, consisting of approximately 3.78 acres, if the Secretary-- (1) determines that the conveyance is in the best interests of NOAA and the Federal Government; and (2) has provided prior notification to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate. (b) Consideration.-- (1) In general.--For any conveyance under this section the Secretary shall require the City of Norfolk to provide consideration to the United States that is not less than the fair market value of the property conveyed by the United States. (2) Form.--Consideration under this subsection may include any combination of-- (A) cash or cash equivalents; (B) other property (either real or personal); and (C) consideration in-kind, including-- (i) provision of space, goods, or services of benefit to NOAA including construction, repair, remodeling, or other physical improvements of NOAA property; (ii) maintenance of NOAA property; (iii) provision of office, storage, or other useable space; or (iv) relocation services associated with conveyance of property under this section. (3) Determination of fair market value.--The Secretary shall determine fair market value for purposes of paragraph (1) based upon a highest- and best-use appraisal of the property conveyed under subsection (a) conducted in conformance with the Uniform Appraisal Standards for Professional Appraisal Practice. (c) Use of Proceeds.--Amounts received under subsection (b)(2)(A) by the United States as proceeds of any conveyance under this section shall be available to the Secretary, subject to appropriation, for-- (1) activities related to the operations of, or capital improvements, to NOAA property; or (2) relocation and other costs associated with the sale or exchange. (d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance of property by the United States under subsection (a) as the Secretary considers appropriate to protect the interest of the United States, including the recoupment of any profit the City of Norfolk may realize within three years after the date of conveyance to the City due to resale of the property (e) Termination.--The authority granted to the Secretary under subsections (a) and (b) shall terminate at the end of the 24-month period beginning on the date of enactment of this Act if no contract for sale or exchange under subsection (a) has been entered into by the City of Norfolk and the United States. Passed the House of Representatives September 22, 2008. Attest: LORRAINE C. MILLER, Clerk.

Deafy Glade Land Exchange Act - Directs the Secretary of Agriculture to convey to Solano County, California, all right, title, and interest of the United States in and to the parcel of land in the Mendocino National Forest comprising approximately 82 acres and known as the Fouts Springs Ranch, as depicted on the map entitled "Fouts Springs-Deafy Glade Federal and Non-Federal Lands" and dated July 17, 2008, if the county conveys to the Secretary all right, title, and interest of the county in and to four parcels of land consisting of approximately 160 acres identified on such map. Authorizes the Secretary of Commerce to sell or exchange to the city of Norfolk, Virginia, certain real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA), including land and improvements, located in Norfolk if the Secretary: (1) determines that such conveyance is in the best interests of NOAA and the federal government; and (2) has provided prior notification to the appropriate congressional committees. Requires the proceeds of any conveyance under this Act to be made available for: (1) activities related to the operations of, or capital improvements to, NOAA property; or (2) relocation and other costs associated with the sale or exchange.

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TITLE I--FEDERAL AIRPORTS SECURITY ENHANCEMENT ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Federal Airports Security Enhancement Act''. SEC. 102. ESTABLISHMENT OF AIRPORT SECURITY COMMITTEES. The Act of July 5, 1994 (49 U.S.C. 44935), is amended-- (1) by striking section 44901 subparagraph (b) and inserting the following: ``SEC. 103. EMPLOYMENT STANDARDS AND TRAINING.''. (2) by striking section 44935 subparagraph (b) and inserting the following: ``(a) Review and Recommendations.--The Administrator of the Federal Aviation Administration shall establish Security Committees at each airport location to be composed of representatives of the air carriers, airport operators, other interested parties and at least one representative from the Federal Protective Service, the Federal Bureau of Investigation, The Federal Aviation Administration and one member from each local jurisdiction that the airport may be located in or that may have jurisdictional authority for the airport facility. Each Airport Security Committee shall meet at least quarterly and shall make recommendations for minimum security countermeasures to the Administrator. The Federal Protective Service shall have primary responsibility for conducting on an ongoing basis security surveys and formulating recommendations to the Security Committee. The Administrator shall prescribe appropriate changes in existing procedures to improve that performance.''. SEC. 103. SCREENING PASSENGERS AND PROPERTY. The Act of July 5, 1994 (49 U.S.C. 44935), is amended by striking section 44901, subparagraph (a), and inserting the following: ``(a) General Requirements.--The Administrator of the Federal Aviation Administration shall prescribe regulations requiring screening of all passengers and property that will be carried in a cabin of an aircraft in air transportation or intrastate air transportation. The screening must take place before boarding and be carried out by a weapon detecting facility or procedure used or operated by an employee or agent of the Federal Protective Service. The Administrator-- ``(1) shall require that sufficient Federal Police Officers are posted at airport facilities to provide patrol duties during all hours of operations as well as supervise screening personnel; ``(2) shall maintain sufficient numbers of Special Agents to provide necessary investigative and supervisory capability; and ``(3) shall obtain all necessary personnel and authorization from the Administrator of the General Services Administration.''. SEC. 104. DESIGNATION OF POLICE OFFICERS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended-- (1) in section 1 by striking the section heading and inserting the following: ``SEC. 2. POLICE OFFICERS.''; (2) in sections 1 and 3 by striking ``special policemen'' each place it appears and inserting ``police officers''; (3) in section 1(a) by striking ``uniformed guards'' and inserting ``certain employees''; and (4) in section 1(b) by striking ``Special policemen'' and inserting the following: ``(1) In general.--Police officers''. SEC. 105. POWERS. Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is further amended-- (1) by adding at the end the following: ``(2) Additional powers.--Subject to paragraph (3), a police officer or Special Agent appointed under this section is authorized-- ``(A) to carry firearms in any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; ``(B) to petition Federal courts for arrest and search warrants and to execute such warrants; ``(C) to arrest an individual without a warrant if the individual commits a crime in the officer's presence or if the officer has probable cause to believe that the individual has committed a crime or is committing a crime; and ``(D) to conduct investigations, on and off the property in question, of offenses that have been or may be committed against property under the charge and control of the Administrator or against persons on such property. ``(3) Authority outside federal property.--The Administrator may enter into agreements with State and local governments to obtain authority for police officers appointed under this section to exercise, concurrently with State and local law enforcement authorities, the powers granted to such officers under this section in areas adjacent to property owned or occupied by the United States and under the charge and control of the Administrator: ``(A) The Administrator will in coordination with the Administrator of the Federal Aviation Administration confer the powers granted to such officers under this section in areas under the charge and control of the Administrator of the Federal Aviation Administration.''; and (2) by moving the left margin of paragraph (1) (as designated by section 202(4) of this Act) so as to appropriately align with paragraphs (2), (3), and (4) (as added by paragraph (1) of this subsection). SEC. 105. SPECIAL AGENTS. Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended-- (1) by striking ``nonuniformed special policemen'' each place it appears and inserting ``special agents''; (2) by striking ``special policemen'' and inserting ``special agent''; and (3) by adding at the end the following: ``Any such special agent while on duty shall have the same authority outside Federal property as police officers have under section 1(b)(4).''. SEC. 106. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended by adding at the end the following: ``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. ``(a) In General.--The Administrator of General Services shall establish the Federal Protective Service as a separate operating service of the General Service Administration. ``(b) Appointment of Commissioner.-- ``(1) In general.--The Federal Protective Service shall be headed by a Commissioner who shall be appointed by and report directly to the Administrator. ``(2) Qualifications.--The Commissioner shall be appointed from among individuals who have at least 5 years of professional law enforcement experience in a command or supervisory position. ``(c) Duties of the Commissioner.--The Commissioner shall-- ``(1) assist the Administrator in carrying out the duties of the Administrator under this Act; ``(2) except as otherwise provided by law, serve as the law enforcement officer and security official of the United States with respect to the protection of Federal officers and employees in buildings and areas that are owned or occupied by the United States and under the charge and control of the Administrator (other than buildings and areas that are secured by the United States Secret Service); ``(3) render necessary assistance, as determined by the Administrator, to other Federal, State, and local law enforcement agencies upon request; and ``(4) coordinate the activities of the Commissioner with the activities of the Commissioner of the Public Buildings Service. Nothing in this subsection may be construed to supersede or otherwise affect the duties and responsibilities of the United States Secret Service under sections 1752 and 3056 of title 18, United States Code. ``(d) Appointment of Regional Directors and Assistant Commissioners.-- ``(1) In general.--The Commissioner may appoint regional directors and assistant commissioners of the Federal Protective Service. ``(2) Qualifications.--The Commissioner shall select individuals for appointments under paragraphs (1) from among individuals who have at least 5 years of direct law enforcement experience, including at least 2 years in a supervisory position.''. (b) Pay Level of Commissioner.--Section 5316 of title 5, United States Code, is amended by inserting after the paragraph relating to the Commissioner of the Public Buildings Service the following: ``Commissioner, Federal Protective Service, General Services Administration.''. SEC. 107. PAY AND BENEFITS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 7. PAY AND BENEFITS. ``(a) Survey.--The Director of the Office of Personnel Management shall conduct a survey of the pay and benefits of all Federal police forces to determine whether there are disparities between the pay and benefit of such forces that are not commensurate with differences in duties of working conditions. ``(b) Pay Schedule.--The Director of the Office of Personnel Management shall in connection with the survey conducted in subsection (a) produce a pay and benefit schedule for employees of the Federal Protective Service to be contained in the findings and recommendations. ``(c) Report.--Not later than 6 months after the date of the enactment of this section, the Director shall transmit to Congress a report containing the results of the survey conducted under subsection (a), together with the Director's findings and recommendations.''. SEC. 108. NUMBER OF POLICE OFFICERS. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 8. NUMBER OF POLICE OFFICERS. ``After the 1-year period beginning on the date of the enactment of this section, there shall be at least 1,000 full-time equivalent police officers in the Federal Protective Service to be assigned to areas outside of airport operations. This number shall not be reduced unless specifically authorized by law. The Administrator of the General Services Administration and the Administrator of the Federal Aviation Administration shall jointly determine full time equivalent number of Police Officers and Special Agents assigned to airport security and law enforcement.''. SEC. 109. EMPLOYMENT STANDARDS AND TRAINING. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING. ``(a) In General.--The Commissioner of the Federal Protective Service shall prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for buildings and areas that are owned or occupied by the United States and under the control and charge of the Administrator of General Services: ``(1) Contract cost.--The Commissioner of the Federal Protective Service shall conduct a cost analysis on each security personnel supply contract to determine if the use of personnel directly employed by the United States would be more cost effective for use in buildings and areas that are owned or occupied by the United States and under the control and charge of the Administrator of General Services. The Commissioner of the Federal Protective Service may not use the prescribed cost analysis for purposes of reducing the number of Police Officers with the Federal Protective Service''. SEC. 110. AUTHORIZATION OF COST RECOVERY. The Administrator of the General Services Administration is authorized to recover all direct and indirect costs associated with airport security operations under this Act from the Federal Aviation Administration: (a) Operations cost recovery.--The Administrator of the Federal Aviation Administration is authorized to recover costs associated with enhanced security operations from the airport authorities and air carriers where such entities are currently providing services that would be replaced by the requirements in this act in such matter as may be determined by the Administrator. (b) The Administrator of the Federal Aviation Administration may recover all direct costs of enhancements required by this act where such personnel or services do not currently exist and no appropriation is available from airport authorities and air carriers in such manner as the Administrator may determine. SEC. 111. AUTHORIZATION OF APPROPRIATIONS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 11. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated from the Federal Buildings Fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)) and from the Federal Aviation Administration such sums as may be necessary to carry out this Act.''.

Federal Airports Security Enhancement Act - Amends Federal aviation law to direct the Administrator of the Federal Aviation Administration (FAA) to establish at each airport a Security Committee which shall make recommendations for minimum security counter-measures. Requires the Administrator, on the basis of such recommendations, to prescribe appropriate changes to improve the performance of existing airport security procedures.Requires the screening of passengers and property that will be carried in a cabin of an aircraft to be carried out by Federal Protective Service employees or agents. (Currently, screening is carried out by employees or agents of an air carrier, interstate air carrier, or foreign air carrier).Authorizes the Administrator of the General Services Administration (GSA) to appoint police officers and special agents (currently, special policemen and nonuniformed special policemen) for the policing of all Federal buildings (including buildings under the control of the GSA). Sets forth certain additional powers of such officers and agents, including the authority to carry firearms and to police areas adjacent to Federal property.Establishes the Federal Protective Service as a separate operating service of the GSA. Calls for at least 1,000 full-time equivalent Service police officers to be assigned to areas outside of airport operations. Requires the Commissioner of the Service to prescribe minimum employment and training standards to be applied in the contracting of security personnel for the policing of buildings and areas controlled by the United States and GSA. Authorizes GSA to recover airport security costs from the FAA.

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TITLE I--BIOTECHNOLOGICAL PROCESS PATENTS SEC. 101. CONDITIONS FOR PATENTABILITY; NONOBVIOUS SUBJECT MATTER. Section 103 of title 35, United States Code, is amended-- (1) in the first unnumbered paragraph by inserting ``(a)'' before ``A patent''; (2) in the second unnumbered paragraph by inserting ``(b)'' before ``Subject matter''; and (3) by adding at the end thereof the following new subsections: ``(c) Notwithstanding any other provision of this section, a claimed process of making or using a machine, manufacture, or composition of matter is not obvious under this section if-- ``(1) the machine, manufacture, or composition of matter is novel under section 102 of this title and nonobvious under this section; ``(2) the claimed process is a biotechnological process as defined in subsection (d); and ``(3)(A) the machine, manufacture, or composition of matter, and the claimed process invention at the time it was made, were owned by the same person or subject to an obligation of assignment to the same person; and ``(B) claims to the process and to the machine, manufacture, or composition of matter-- ``(i) are entitled to the same effective filing date; and ``(ii) appear in the same patent application, different patent applications, or patent which is owned by the same person and which expires or is set to expire on the same date. ``(d) For purposes of this section, the term `biotechnological process' means any method of making or using living organisms, or parts thereof, for the purpose of making or modifying products. Such term includes recombinant DNA, recombinant RNA, cell fusion including hybridoma techniques, and other processes involving site specific manipulation of genetic material.''. SEC. 102. NO PRESUMPTION OF INVALIDITY. The first unnumbered paragraph of section 282 of title 35, United States Code, is amended by inserting after the second sentence ``A claim issued under the provisions of section 103(c) of this title on a process of making or using a machine, manufacture, or composition of matter shall not be held invalid under section 103 of this title solely because the machine, manufacture, or composition of matter is determined to lack novelty under section 102 of this title or to be obvious under section 103 of this title.''. SEC. 103. EFFECTIVE DATE. The amendments made by this title shall apply to all United States patents granted on or after the date of the enactment of this Act and to all applications for United States patents pending on or filed after such date of enactment, including any application for the reissuance of a patent. TITLE II--BIOTECHNOLOGICAL MATERIAL PATENTS SEC. 201. INFRINGEMENT BY IMPORTATION, SALE OR USE. (a) Infringement.--Section 271 of title 35, United States Code, is amended by adding at the end the following new subsection: ``(h) Whoever without authority imports into the United States or sells or uses within the United States a product which is made by using a biotechnological material (as defined under section 154(b)) which is patented in the United States shall be liable as an infringer if the importation, sale, or use of the product occurs during the term of such patent.''. (b) Contents and Term Patent.--Section 154 of title 35, United States Code, is amended-- (1) by inserting ``(a)'' before ``Every''; (2) by striking out ``in this title,'' and inserting in lieu thereof ``in this title (1)''; (3) by striking out ``and, if the invention'' and inserting ``(2) if the invention''; (4) by inserting after ``products made by that process,'' the following: ``and (3) if the invention is a biotechnological material used in making a product, of the right to exclude others from using or selling throughout the United States, or importing into the United States the product made or using such biotechnological material,''; and (5) by adding at the end thereof the following: ``(b) For purposes of this section, the term `biotechnological material' is defined as any material (including a host cell, DNA sequence, or vector) that is used in a biotechnological process as defined under section 103(d).''. (c) Effective Date.-- (1) In general.--The amendment made by this section shall take effect six months after the date of enactment of this Act and, subject to paragraph (2), shall apply only with respect to products made or imported after the effective date of the amendments made by this section. (2) Exceptions.--The amendments made by this section shall not abridge or affect the right of any person, or any successor to the business of such person-- (A) to continue to use, sell, or import products in substantial and continuous sale or use by such person in the United States on the date of enactment of this Act; or (B) to continue to use, sell, or import products for which substantial preparation by such person for such sale or use was made before such date, to the extent equitable for the protection of commercial investment made or business commenced in the United States before such date.

TABLE OF CONTENTS: Title I: Biotechnological Process Patents Title II: Biotechnological Material Patents Title I: Biotechnological Process Patents - Amends Federal patent law to cite conditions under which a claimed process of making or using a machine, manufacture, or composition of matter is not obvious (thereby enhancing the patentability prospects of certain biotechnology processes). Establishes a presumption of validity with respect to a process claim even through a related product claim is invalidated (thus allowing a patentee to prove that the process claim is independently patentable from the product claim). Title II: Biotechnological Material Patents - Makes any unauthorized person who imports or sells a product made by using a biotechnological material that is patented in the United States liable for patent infringement. Includes within the terms of such patents the right to exclude others from using, selling, or importing such products throughout or into the United States. Establishes exceptions to such requirements to the extent suitable to protect commercial investment made or business commenced before the effective date of such amendments.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe, Efficient, Coordinated, Unified, Revitalized, Enhanced Visa Waiver Act''. SEC. 2. ELECTRONIC SUBMISSION OF BIOGRAPHICAL INFORMATION BY VISA WAIVER PARTICIPANTS. (a) In General.--The Secretary of Homeland Security shall establish, as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), an electronic system through which an alien seeking to enter the United States without a visa under the visa waiver program described in section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is required to submit biographical information prior to embarkation. (b) Elements.--The electronic system required to be established under subsection (a) shall satisfy the following requirements: (1) Electronic determination of eligibility.--The system shall include a method for an electronic determination to be made, and an electronic response to be provided, in 30 minutes or less, as to whether or not an alien submitting information as described in subsection (a) is eligible to be admitted to the United States as a nonimmigrant visitor described in section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B)). (2) Carrier obligations.--The system shall include a method for requiring-- (A) carriers and other corporations described in section 217(a)(5) of such Act (8 U.S.C. 1187(a)(5)) to inquire electronically, prior to an alien passenger's embarkation without a visa, whether the alien has been determined, using the system described in this section, to be eligible for such an admission; and (B) the electronic response to such inquiry to be provided in 90 seconds or less. (3) Deployment.--The system shall be deployed as soon as possible after the date of the enactment of this Act. (4) Fee.--The Secretary of Homeland Security shall establish a fee to be charged to aliens described in subsection (a) that is set at a level that will ensure the recovery of the full costs of establishing and operating the system. (c) Consultation.--In developing the system, the Secretary of Homeland Security shall consult with, and allow for the system's review by, a private sector group consisting of individuals with expertise in travel, tourism, privacy, national security, or computer security issues. SEC. 3. CHANGE TO REQUIREMENT FOR READERS AND SCANNERS AT PORTS OF ENTRY. Section 303(b)(2)(A) of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732(b)(2)(A)) is amended to read as follows: ``(A) In general.--Not later than October 26, 2004, the Secretary of Homeland Security, in consultation with the Secretary of State, shall install at all ports of entry into the United States equipment and software to allow biometric comparison and authentication of all United States visas and other travel and entry documents issued to aliens. Not later than October 26, 2005, the Secretary of Homeland Security, in consultation with the Secretary of State, shall install at all ports of entry into the United States equipment and software to allow biometric comparison and authentication of passports issued pursuant to subsection (c)(1).''. SEC. 4. TECHNOLOGY STANDARD IMPLEMENTATION DEADLINE. Section 303(c) of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732(c)) is amended, in each of paragraphs (1) and (2), by striking ``2004,'' and inserting ``2005,''. SEC. 5. LIMITED GOOD FAITH WAIVER. Section 303(c) of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732(c)) is amended by adding at the end the following: ``(3) Limited good faith waiver.-- ``(A) In general.--The Secretary of Homeland Security, in consultation with the Secretary of State, may grant not more than 2 extensions for a country, and its nationals, of the deadlines in paragraphs (1) and (2), respectively, upon a determination that the country is making substantial progress towards ensuring that the passports the country issues to its nationals satisfy the requirements of paragraph (1). Each such extension shall be for a period not exceeding 6 months. ``(B) Factors.--In determining whether a country is making substantial progress under subparagraph (A), the Secretary of Homeland Security shall take into account the following factors, which shall be certified by the Secretary of State: ``(i) Whether the country has made a good faith effort to satisfy the requirements of paragraph (1) not later than October 26, 2005. ``(ii) Whether the country has a program designed to satisfy the requirements of paragraph (1) not later than October 26, 2006. ``(iii) Whether the country has commenced a pilot program under which some number of passports that satisfy the requirements of paragraph (1) will be issued before March 26, 2006. ``(4) Reports.-- ``(A) Initial.--Not later than October 26, 2005, the Secretary of Homeland Security, in consultation with the Secretary of State, shall issue an initial report on the status of countries' progress in meeting the requirements of paragraph (1). ``(B) Final.--Not later than April 25, 2006, the Secretary of Homeland Security, in consultation with the Secretary of State, shall issue a final report on the status of countries' progress in meeting the requirements of paragraph (1).''. SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. Section 303 of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732) is amended by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''.

Safe, Efficient, Coordinated, Unified, Revitalized, Enhanced Visa Waiver Act - Directs the Secretary of Homeland Security to establish an electronic system that requires aliens seeking entry to the United States under the visa waiver program (VWP) to submit biographical information prior to embarkation. Requires such system to: (1) make electronic determinations of eligibility for admission within 30 minutes; (2) require carriers and other corporations providing transportation to inquire electronically, prior to embarkation, whether the alien has been determined eligible for admission and to respond to such inquiries within 90 seconds; and (3) be deployed as soon as possible. Requires the Secretary: (1) to charge a fee to VWP aliens that ensures the recovery of the full costs of establishing and operating the system; and (2) in developing the system, to consult with and allow for review by a private sector group consisting of experts in travel, tourism, privacy, national security, or computer security issues. Amends the Enhanced Border Security and Visa Entry Reform Act to extend by one year: (1) the deadline for installing equipment and software at U.S. ports of entry to allow biometric comparison and authentication of machine-readable passports issued by VWP countries; and (2) the deadline for VWP aliens to present such passports. Authorizes the Secretary to grant up to two extensions of the new deadlines where the VWP country is making substantial progress toward issuing machine-readable, tamper-resistant passports that incorporate biometric and document authentication identifiers.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``HOPE VI Green Building and Technical Assistance Act of 2007''. SEC. 2. GREEN COMMUNITIES REQUIREMENTS. (a) In General.--Section 24(e) of the United States Housing Act of 1937 (42 U.S.C. 1437v(e)) is amended by adding at the end the following new paragraph: ``(4) Green communities requirements.-- ``(A) Requirements.--The Secretary may not make a grant under this section to an applicant unless the revitalization plan of the applicant to be carried out with such grant amounts complies with the following requirements: ``(i) Affordable housing.--The plan complies with the green communities criteria checklist of the national Green Communities program that provides criteria for the design, development, and operation of affordable housing, as such checklist is in effect upon the date of the enactment of the HOPE VI Green Building and Technical Assistance Act of 2007, as follows: ``(I) The revitalization plan shall comply with all items of the green communities criteria checklist that are identified as mandatory. ``(II) The revitalization plan shall comply with such other nonmandatory items of the green communities criteria checklist so as to result in a cumulative number of points attributable to such nonmandatory items under such checklist of not less than-- ``(aa) 25 points, in the case of any plan (or portion thereof) consisting of new construction; and ``(bb) 20 points, in the case of any plan (or portion thereof) consisting of rehabilitation. ``(ii) Nonresidential structures.--The plan provides that any nonresidential structure covered by the plan that has 50,000 square feet of gross floor area or more complies with version 2.2 of the Leadership in Energy and Environmental Design green building rating system for new construction and major renovations (LEED-NC 2.2) or version 2.0 of such green building rating system for core and shell (LEED-CS 2.0) at the certification level. ``(B) Verification.-- ``(i) In general.--The Secretary shall verify, or provide for verification, sufficient to ensure that each revitalization plan carried out with amounts from a grant under this section complies with the requirements under subparagraph (A) and that the revitalization program is carried out in accordance with such requirements and plan. ``(ii) Timing.--In providing for such verification, the Secretary shall establish procedures to ensure such compliance with respect to each grantee, and shall report to the Congress with respect to the compliance of each grantee, at each of the following times: ``(I) Not later than 60 days after award of a grant under this section for the grantee. ``(II) Upon completion of the revitalization program of the grantee.''. (b) Selection Criteria.--Section 24(e)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437v(e)(2)) is amended-- (1) in subparagraph (K), by striking ``and'' at the end; (2) by redesignating subparagraph (L) as subparagraph (M); and (3) by inserting after subparagraph (K) the following new subparagraph: ``(L) the extent of compliance of the revitalization program proposed under the plan with the nonmandatory items of the national Green Communities criteria checklist identified in paragraph (4)(A); and''. SEC. 3. PLANNING AND TECHNICAL ASSISTANCE GRANTS. Section 24(m) of the United States Housing Act of 1937 (42 U.S.C. 1437v(m)) is amended by striking paragraph (2) and inserting the following new paragraph: ``(2) Planning and technical assistance grants.--Subject only to approvable requests for grants under this paragraph, of the amount appropriated pursuant to paragraph (1) for any fiscal year, the Secretary shall use not less than two percent for grants in such fiscal year to potential applicants and applicants for grants under this section to assist such entities in developing and planning revitalization programs under this section or to recipients of grants under this section to assist such recipients in obtaining technical assistance in carrying out revitalization programs.''.

HOPE VI Green Building and Technical Assistance Act of 2007 - Amends the United States Housing Act of 1937 to prescribe green communities requirements for grant applicants regarding revitalization programs for severely distressed public housing. Prohibits the Secretary of Housing and Urban Development from making a grant unless the applicant's revitalization plan complies with both the mandatory and some of the nonmandatory green communities affordable housing design, development, and operation criteria as they appear on the national Green Communities program checklist. Adds to such criteria specified requirements for nonresidential structures covered by the plan. Directs the Secretary to establish verification procedures. Repeals current technical assistance and program oversight funding authority, including those for assistance in connection with establishment and operation of computer centers in public housing through the Neighborhoods Networks initiative. Replaces it with mandatory funding for additional grants to assist: (1) potential and actual revitalization grant applicants in developing and planning revitalization programs; or (2) revitalization grant recipients in obtaining technical assistance in carrying out such programs.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Schools Partnerships Act of 2010''. SEC. 2. HEALTHY SCHOOLS PARTNERSHIPS DEMONSTRATION PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(j) Healthy Schools Partnerships Demonstration Program.-- ``(1) Definition of eligible entity.--In this section, the term `eligible entity' means a school food authority that demonstrates that the school food authority has collaborated, or will collaborate, with 1 or more local partner organizations (including academic experts, registered dietitians or other nutrition professionals, community partners, or non-profit organizations) to achieve the purposes described in paragraph (2). ``(2) Purposes.--The purposes of the demonstration project established under this subsection are-- ``(A) to assist schools in improving the nutritional standards of school meals and the overall school environment; and ``(B) to use local resources and expertise to promote collaborations and develop sustainable and replicable models for making systemic changes that promote good nutrition and healthy living among students. ``(3) Establishment.--The Secretary shall establish a demonstration project under which the Secretary shall make grants to eligible entities to fund collaborations of academic experts, nonprofit organizations, registered dietitians or other nutrition professionals, community partners, and local schools to test and evaluate innovative models to improve nutrition education, student decisionmaking, and healthy school environments. ``(4) Application.-- ``(A) In general.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(B) Contents.--In addition to any other requirements of the Secretary, each application shall-- ``(i) identify the 1 or more problems that the eligible entity will address; ``(ii) identify the activity that the grant will be used to fund; ``(iii) describe the means by which the activity will improve the health and nutrition of the school environment; ``(iv) list the partner organizations that will participate in the activity funded by the grant; and ``(v) describe the metrics used to measure success in achieving the stated goals. ``(5) Priority.--In making grants under this subsection, the Secretary shall give priority to eligible entities that demonstrate-- ``(A) a severe need to improve the school environment, as demonstrated by high numbers of students receiving free or reduced price lunches, high levels of obesity or other indicators of poor health status, and health disparities in the community served by the school; ``(B) a commitment by community partners to make in-kind or cash contributions; and ``(C) the ability to measure results. ``(6) Use of funds.--An eligible entity shall use a grant received under this subsection-- ``(A) to assess the problem of childhood obesity and poor nutrition in the school environment; ``(B) to develop an innovative plan or intervention to address specific causes of the problem in coordination with outside partners, including by developing and testing innovative models to improve student health and nutrition as measured by-- ``(i) changes that result in healthier school environments, including more nutritious food being served in cafeterias and available a la carte; ``(ii) increased nutrition education; ``(iii) improved ability of students to identify healthier choices; ``(iv) changes in attitudes of students towards healthier food; ``(v) student involvement in making school environments healthier; ``(vi) increased access to physical activity, physical education, and recess; ``(vii) professional development and continuing education opportunities for school administrators, teachers, and school nurses; and ``(viii) changes in school policies that promote access to healthier food and physical activity; ``(C) to implement the plan or intervention in partnership with outside partners; ``(D) to measure and evaluate effectiveness of the intervention; or ``(E) to assess the sustainability and replicability of this model. ``(7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2011 through 2015.''.

Healthy Schools Partnerships Act of 2010 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to establish a demonstration project awarding grants to school food authorities that collaborate with academic experts, nonprofit organizations, registered dietitians or other nutrition professionals, community partners, and local schools to test and evaluate innovative models to improve nutrition education, student decisionmaking, and healthy school environments. Gives grant priority to school food authorities that demonstrate: (1) a severe need to improve the school environment; (2) a commitment by community partners to make in-kind or cash contributions; and (3) the ability to measure results.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Poisoning Reduction Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) the number of children suffering from lead poisoning remains unacceptably high; (2) children younger than 6 years of age are much more likely to suffer the devastating effects of lead poisoning; (3) the health of children may be impacted at lower levels of lead exposure than previously thought; (4) lead poisoning can lead to organ damage, as well as serious developmental, learning, and behavioral problems in children; (5) owners and managers of childcare and pre-school facilities constructed before 1978 need guidance with respect to protecting children of the United States from exposure to lead; and (6) the Administrator of the Environmental Protection Agency has the authority, but, as of the date of enactment of this Act, has elected not, to promulgate regulations pursuant to section 402 of the Toxic Substances Control Act (15 U.S.C. 2682) to reduce lead exposure in child-occupied facilities. SEC. 3. LEAD ASSESSMENT IN CHILD-OCCUPIED FACILITIES. Section 402 of the Toxic Substances Control Act (15 U.S.C. 2682) is amended by adding at the end the following: ``(d) Child-Occupied Facilities.-- ``(1) Definitions.--In this subsection: ``(A) Child-occupied facility.-- ``(i) In general.--The term `child-occupied facility' means a facility described in clause (ii) that was constructed before January 1, 1978, and that is visited regularly by a child of not more than 6 years old for at least 2 days within any week for not less than-- ``(I) 3 hours each visit; ``(II) 6 hours each week; and ``(III) 60 hours each calendar year. ``(ii) Description of facility.--A facility referred to in clause (i) is-- ``(I) a childcare center; ``(II) a pre-school or kindergarten classroom; or ``(III) except as provided in clause (iii), any other facility (including a facility used for a Head Start program or a similar program) at which a childcare provider receives compensation or a subsidy for services provided. ``(iii) Exclusion.--The term `child- occupied facility' does not include a home- based childcare facility. ``(B) Exposure pathway.--The term `exposure pathway' includes, with respect to lead-- ``(i) lead-based paint and lead-based paint hazards; and ``(ii) lead contained in-- ``(I) drinking water plumbing and fixtures; ``(II) furniture, fixtures, and playground equipment; and ``(III) products used by or for children. ``(C) Home-based childcare facility.--The term `home-based childcare facility' means an owner-occupied or rental housing unit-- ``(i) at which 1 or more individuals reside; and ``(ii) that meets the requirements under clauses (i) and (ii) of subparagraph (A) for a child-occupied facility. ``(D) Select group.--The term `Select Group' means the Select Group on Lead Exposure established by paragraph (2)(A). ``(2) Select group on lead exposure.-- ``(A) Establishment.--There is established a Select Group on Lead Exposure, to be composed of-- ``(i) the Secretary of Education (or a designee); ``(ii) the Director of the Centers for Disease Control and Prevention (or a designee); ``(iii) the Director of the National Institute of Environmental Health Science (or a designee); ``(iv) the Assistant Secretary of the Administration for Children and Families (or a designee); ``(v) the Director of the National Institute of Child Health and Human Development (or a designee); and ``(vi) the head of any other Federal agency (or a designee), as the Administrator determines to be appropriate. ``(B) Duties.--The Select Group shall advise the Administrator on actions necessary to carry out this subsection and related activities. ``(C) Compensation of members.--A member of the Select Group shall serve without compensation. ``(D) Travel expenses.--A member of the Select Group shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Select Group. ``(3) Baseline standards and model program.-- ``(A) Study.--Not later than 180 days after the date of enactment of this subsection, the Select Group shall conduct a study of State, tribal, and local programs the purpose of which is to protect children from exposure to lead at child-occupied facilities. ``(B) Standards and program.-- ``(i) Development.--Not later than 1 year after the date of enactment of this subsection, the Select Group shall develop-- ``(I) baseline standards with which a State, tribal, or local program described in subparagraph (A) shall comply to be eligible to receive a grant under paragraph (4); and ``(II) a model program to protect children from exposure to lead at child-occupied facilities that can be adopted for use by State, tribal, and local governments. ``(ii) Factors for consideration.--In developing the baseline standards and model program under clause (i), the Select Group shall take into consideration-- ``(I) the results of the study under subparagraph (A); ``(II) regulations promulgated pursuant to subsection (a) (including the process of promulgating the regulations); and ``(III) guidance for childcare providers produced by agencies and other groups, including-- ``(aa) any member of the Select Group; ``(bb) the American Academy of Pediatrics; ``(cc) the American Public Health Association; and ``(dd) the National Center for Healthy Housing. ``(iii) Requirements.-- ``(I) Baseline standards.--The baseline standards developed under clause (i)(I) shall include guidelines for-- ``(aa) assessing child- occupied facilities for the identification and remediation of exposure pathways; and ``(bb) informing children and families that visit child- occupied facilities of the exposure pathways and related hazards. ``(II) Model program.--The model program developed under clause (i)(II) shall meet or exceed such applicable standards (including the baseline standards under clause (i)(I)) as the Administrator may establish with respect to grant programs carried out by the Administrator, including standards requiring that-- ``(aa) each appropriate child-occupied facility shall be provided a notice as soon as practicable after a child served by the child-occupied facility is diagnosed with lead poisoning, subject to such guidelines as the Select Group determines to be necessary to ensure the protection of privileged medical information; and ``(bb) on receiving a notification under item (aa), a child-occupied facility that has not been tested for the presence of lead in exposure pathways shall be so tested. ``(4) Grant program.-- ``(A) Definition of eligible facility.-- ``(i) In general.--In this paragraph, the term `eligible facility' means a child-occupied facility that participates in a State, tribal, or local program-- ``(I) the purpose of which is to protect children from exposure to lead at child-occupied facilities; and ``(II) that-- ``(aa) is based on the model program developed under paragraph (3)(B)(i)(II); or ``(bb) otherwise meets the baseline standards developed under paragraph (3)(B)(i)(I). ``(ii) Exclusion.--The term `eligible facility' does not include a home-based childcare facility. ``(B) Establishment.--Not later than 1 year after, but in no case before, the date of development of baseline standards and the model program under paragraph (3), the Administrator, in consultation with the Select Group, shall establish a program under which the Administrator shall provide grants to eligible facilities to assist the eligible facilities in carrying out activities to protect children from exposure to lead at eligible facilities. ``(C) Application.--To be eligible to receive a grant under this paragraph, an eligible facility shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator, in consultation with the Select Group, may require. ``(D) Cost sharing.-- ``(i) In general.--The non-Federal share of the cost of an activity funded by a grant under this paragraph shall be 20 percent. ``(ii) Provision.--The non-Federal share under clause (i)-- ``(I) may be provided using State, tribal, and local government funds and private funds; and ``(II) shall not be provided using funds appropriated pursuant to any Federal program. ``(E) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $42,600,000 for the period of fiscal years 2007 through 2011. ``(5) Regulations.-- ``(A) Testing.--Not later than 18 months after the date of enactment of this subsection, the Administrator shall promulgate regulations requiring that-- ``(i) child-occupied facilities placed into service after that date shall test each applicable exposure pathway for the presence of lead; and ``(ii) no State or Indian tribe shall issue to a child-occupied facility described in clause (i) a license until-- ``(I) the testing required under clause (i) is completed; and ``(II) the exposure to lead, if any, in each applicable exposure pathway is eliminated. ``(B) Elimination of risk.-- ``(i) In general.--Not later than 3 years after the date of enactment of this subsection, the Administrator shall promulgate proposed regulations requiring all child-occupied facilities to eliminate the risk of exposure to lead through applicable exposure pathways. ``(ii) Finalization and effective date.-- The proposed regulations under clause (i)-- ``(I) shall be finalized by the Administrator not later than 4 years after the date of enactment of this subsection; and ``(II) shall take effect not later than 5 years after the date of enactment of this subsection. ``(6) Contractors engaged in renovation, remodeling, and painting of child-occupied facilities.--Not later than 18 months after the date of enactment of this subsection, the Administrator, in consultation with the Select Group, shall-- ``(A) apply regulations promulgated pursuant to subsection (c)(3) to contractors and other workers engaged in the renovation, remodeling, or painting of child-occupied facilities; and ``(B) establish a program to provide information, training, and materials concerning those activities to the contractors and workers. ``(7) Report to congress.--Not later than 3 years after the date of enactment of this subsection, the Administrator, in consultation with the Select Group, shall submit to Congress a report containing-- ``(A) a list of States and Indian tribes carrying out programs to protect children from exposure to lead at child-occupied facilities that meet the baseline standards developed under paragraph (3)(B)(i)(I) (including by adopting the model program developed under paragraph (3)(B)(i)(II)); ``(B) the number of child-occupied facilities that received grants under paragraph (4) during the preceding 3-year period; and ``(C) recommendations for additional Federal funds and resources, if any, required to ensure the protection of children from exposure to lead at child- occupied facilities.''.

Lead Poisoning Reduction Act of 2006 - Amends the Toxic Substances Control Act to establish a Select Group on Lead Exposure. Requires the Group to: (1) conduct a study of state, tribal, and local programs to protect children from exposure to lead at child-occupied facilities constructed before January 1, 1978; (2) develop baseline standards such programs must meet to receive a grant under this Act; and (3) develop a model program to protect children from exposure to lead at such facilities that can be adopted by state, local, and tribal governments. Requires the model program to meet or exceed standards that require facilities to be notified as soon as practicable after a child is diagnosed with lead poisoning and to be tested for the presence of lead upon receiving such notification. Directs the Administrator to: (1) establish a program to provide grants to assist such facilitites in carrying out activities to protect children from lead exposure; (2) promulgate regulations requiring such facilities to test applicable exposure pathways for lead, prohibiting states and Indian tribes from issuing a license to such facilities until the testing is complete and the exposure to lead is eliminated, and requiring all child-occupied facilities to eliminate the risk of exposure to lead through applicable exposure pathways; and (3) apply regulations governing lead-based paint activities to contractors and workers engaged in the renovation, remodeling, or painting of such facilitates and to establish a program to provide information and training about those activities to them.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Credit Card Protection Act of 2005''. SEC. 2. PROHIBIT UNIVERSAL DEFAULTS ON CREDIT CARD ACCOUNTS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following new subsection: ``(i) Universal Defaults Prohibited.-- ``(1) In general.--No creditor may use any adverse information concerning any consumer, including any information in any consumer report (as defined in section 603) or any change in the credit score of the consumer, as the basis for increasing any annual percentage rate of interest applicable to a credit card account of the consumer under an open end consumer credit plan, or to remove or increase any introductory annual percentage rate of interest applicable to such account, for reasons other than actions or omissions of the consumer that are directly related to such account. ``(2) Notice to consumer.--The limitation under paragraph (1) on the use of adverse information by a credit card issuer shall be clearly and conspicuously described to the consumer by the credit card issuer in any disclosure or statement required under subsection (a) or (b).''. SEC. 3. BOX DISCLOSURE OF PAYMENT PERIOD FOR MINIMUM PAYMENTS ON CREDIT CARD BALANCE. Section 127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is amended by adding at the end the following new paragraph: ``(12) Minimum payment terms.-- ``(A) In general.--In a clear and conspicuous manner, repayment information applicable with respect to any outstanding balance on the account, including the following expressed in a tabular format and in close proximity: ``(i) The required minimum monthly payment on that balance, represented as both a dollar figure and a percentage of the outstanding balance. ``(ii) The number of months (rounded to the nearest month) that it would take to pay the entire amount of the current outstanding balance if-- ``(I) the consumer pays only the required minimum monthly payments (as in effect at the time such statement is issued); and ``(II) no further advances or extensions of credit are made with respect to such account. ``(B) Applicable terms.-- ``(i) Applicable apr.--Subject to clause (ii), in making any determination required for purposes of the disclosures under subparagraph (A), the creditor shall apply any applicable annual percentage rate of interest in effect on the date on which the disclosure is made, taking into account the different rates that may be applicable with respect to different portions of the outstanding balance, without regard to whether any such rate is a fixed rate or a variable rate. ``(ii) Introductory rate.--If the annual percentage rate of interest in effect on the date on which the disclosure is made is a temporary or introductory rate that will change pursuant to a contractual provision applying an index or formula for subsequent interest rate adjustment, the creditor shall apply-- ``(I) the annual percentage rate of interest in effect on the date on which the disclosure is made, in making a determination for the balance of the introductory or temporary period, and ``(II) an annual percentage rate of interest, based on an index, formula, or contractual provision that is, or but for the temporary or introductory rate referred to in subclause (I) would be, in effect as of the date on which the disclosure is made, in making a determination for the remainder of the amortization period.''. SEC. 4. ADVANCED NOTICE REQUIRED BEFORE INCREASING RATES OR FEES ON CREDIT CARD ACCOUNTS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (i) (as added by section 2 of this Act) the following new subsection: ``(j) Advance Notice of Increase in Any Interest Rate and Imposition of Any Fee Required.-- ``(1) Interest rates.--In the case of any credit card account under an open end consumer credit plan, no increase in any annual percentage rate of interest (other than an increase due to the expiration of any introductory percentage rate of interest) applicable to such account, or any portion of any outstanding balance on such account-- ``(A) may take effect before the beginning of the billing cycle which begins not less than-- ``(i) 30 days after the obligor receives a specific notice of such increase in accordance with paragraph (3), in the case of any change in any such annual percentage rate that is due solely to a change in another rate of interest to which such rate is indexed; or ``(ii) 60 days after the obligor receives a specific notice of such increase in accordance with paragraph (3), in the case of any change in any such annual percentage rate that is not described in clause (i); and ``(B) may, in the case of any change in any such annual percentage rate that is not described in subparagraph (A)(i), apply to any outstanding balance of credit under such plan as of the date of the notice of the increase required under subparagraph (A). ``(2) Fees.--In the case of any credit card account under an open end consumer credit plan, no fee, including any annual fee, late payment fee, or over-the-limit fee, may be imposed on such account before the end of the 30-day period beginning on the date the obligor receives a specific notice of the imposition of such fee in accordance with paragraph (3). ``(3) Notice requirements.-- ``(A) In general.--Any notice required under this subsection shall be mailed (or e-mailed, if the consumer has requested to receive such notices electronically) to the obligor separately from any statement or other notice and without any advertising or other disclosures. ``(B) Fee explanation.--In the case of any notice pursuant to paragraph (2), the notice shall include an explanation of how, when, and why a fee will be imposed and what options the obligor may have for addressing the imposition of the fee or any reason for such imposition, including the prevention of any future imposition of such fee.''.

Consumer Credit Card Protection Act of 2005 - Amends the Truth in Lending Act to prohibit a creditor from using adverse information concerning a consumer as the basis for increasing any annual percentage rate of interest applicable to a credit card account of the consumer under an open end consumer credit plan, or to remove or increase any introductory annual percentage rate of interest applicable to such account, for reasons other than actions or omissions of the consumer that are directly related to such account (universal default). Expands mandatory disclosures governing an open end consumer credit plan to include clear and conspicuous minimum payment terms with respect to the outstanding balance on the account, including prescribed details expressed in tabular format and in close proximity. Requires a creditor to furnish advance notice as a prerequisite to increasing rates or imposing fees on a consumer credit card account.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Race to the Top Act of 2010''. SEC. 2. RACE TO THE TOP. (a) In General.--Title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7301 et seq.) is amended-- (1) by redesignating part C as part D; (2) by redesignating sections 6301 and 6302 as sections 6401 and 6402, respectively; and (3) by inserting after part B the following: ``PART C--RACE TO THE TOP ``SEC. 6301. PURPOSES. ``The purposes of this part are to-- ``(1) provide incentives for States and local educational agencies to implement comprehensive reforms and innovative strategies that are designed to lead to-- ``(A) significant improvements in outcomes for all students, including improvements in student achievement, secondary school graduation rates, postsecondary education enrollment rates, and rates of postsecondary education persistence; and ``(B) significant reductions in achievement gaps among subgroups of students; and ``(2) encourage the broad identification, adoption, use, dissemination, replication, and expansion of effective State and local policies and practices that lead to significant improvement in outcomes for all students, and the elimination of those policies and practices that are not effective in improving student outcomes. ``SEC. 6302. RESERVATION OF FUNDS. ``From the amounts made available under section 6308 for a fiscal year, the Secretary may reserve not more than 10 percent to carry out activities related to technical assistance, monitoring, outreach, dissemination, and prize awards that support the purposes of this part. ``SEC. 6303. PROGRAM AUTHORIZED. ``(a) In General.--From the amounts made available under section 6308 for a fiscal year and not reserved under section 6302, the Secretary shall award grants, on a competitive basis, to States or local educational agencies, or both, in accordance with section 6304(b), to enable the States or local educational agencies to carry out the purposes of this part. ``(b) Grant and Subgrant Eligibility Limitations.-- ``(1) ARRA state incentive grants.--A State that has received a grant under section 14006 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5; 123 Stat. 283) may not receive a grant under this part during the period of its grant under such section. ``(2) Number of grants.--A State or local educational agency may not receive more than 1 grant under this part per grant period. ``(3) Number of subgrants.--A local educational agency may receive 1 grant and 1 subgrant under this part for the same fiscal year. ``(c) Duration of Grants.-- ``(1) In general.--A grant under this part shall be awarded for a period of not more than 4 years. ``(2) Continuation of grants.--A State or local educational agency that is awarded a grant under this part shall not receive grant funds under this part for the second or any subsequent year of the grant unless the State or local educational agency demonstrates to the Secretary, at such time and in such manner as determined by the Secretary, that the State or local educational agency, respectively, is-- ``(A) making progress in implementing the plan under section 6304(a)(3) at a rate that the Secretary determines will result in the State or agency fully implementing such plan during the remainder of the grant period; or ``(B) making progress against the performance measures set forth in section 6305 at a rate that the Secretary determines will result in the State or agency reaching its targets and achieving the objectives of the grant during the remainder of the grant period. ``SEC. 6304. APPLICATIONS. ``(a) Applications.--Each State or local educational agency that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include-- ``(1) documentation of the applicant's record, as applicable-- ``(A) in increasing student achievement, including for all subgroups described in section 1111(b)(2)(C)(v)(II); ``(B) in decreasing achievement gaps, including for all subgroups described in section 1111(b)(2)(C)(v)(II); ``(C) in increasing secondary school graduation rates, including for all subgroups described in section 1111(b)(2)(C)(v)(II); ``(D) in increasing postsecondary education enrollment and persistence rates, including for all subgroups described in section 1111(b)(2)(C)(v)(II); and ``(E) with respect to any other performance measure described in section 6305 that is not included in subparagraphs (A) through (D); ``(2) evidence of conditions of innovation and reform that the applicant has established and the applicant's proposed plan for implementing additional conditions for innovation and reform, including-- ``(A) a description of how the applicant has identified and eliminated ineffective practices in the past and the applicant's plan for doing so in the future; ``(B) a description of how the applicant has identified and promoted effective practices in the past and the applicant's plan for doing so in the future; and ``(C) steps the applicant has taken and will take to eliminate statutory, regulatory, procedural, or other barriers and to facilitate the full implementation of the proposed plan under this paragraph; ``(3) a comprehensive and coherent plan for using funds under this part, and other Federal, State, and local funds, to improve the applicant's performance on the measures described in section 6305, consistent with criteria set forth by the Secretary, including how the applicant will, if applicable-- ``(A) improve the effectiveness of teachers and school leaders, and promote equity in the distribution of effective teachers and school leaders, in order to ensure that low-income and minority children are not taught by ineffective teachers, and are not in schools led by ineffective leaders, at higher rates than other children; ``(B) strengthen the use of high-quality and timely data to improve instructional practices, policies, and student outcomes, including teacher evaluations; ``(C) implement internationally benchmarked, college- and career-ready elementary and secondary academic standards, including in the areas of assessment, instructional materials, professional development, and strategies that translate the standards into classroom practice; ``(D) turn around the persistently lowest-achieving elementary schools and secondary schools served by the applicant; ``(E) support or coordinate with early learning programs for high-need children from birth through grade 3 to improve school readiness and ensure that students complete grade 3 on track for school success; and ``(F) create or maintain successful conditions for high-performing charter schools and other innovative, autonomous public schools; ``(4)(A) in the case of an applicant that is a State-- ``(i) evidence of collaboration between the State, its local educational agencies, schools (as appropriate), parents, teachers, and other stakeholders, in developing the plan described in paragraph (3), including evidence of the commitment and capacity to implement the plan; and ``(ii)(I) the names of the local educational agencies the State has selected to participate in carrying out the plan; or ``(II) a description of how the State will select local educational agencies to participate in carrying out the plan; or ``(B) in the case of an applicant that is a local educational agency, evidence of collaboration between the local educational agency, schools, parents, teachers, and other stakeholders, in developing the plan described in paragraph (3), including evidence of the commitment and capacity to implement the plan; ``(5) the applicant's annual performance measures and targets, consistent with the requirements of section 6305; and ``(6) a description of the applicant's plan to conduct a rigorous evaluation of the effectiveness of activities carried out with funds under this part. ``(b) Criteria for Evaluating Applications.-- ``(1) Award basis.--The Secretary shall award grants under this part on a competitive basis, based on the quality of the applications submitted under subsection (a), including-- ``(A) each applicant's record in the areas described in subsection (a)(1); ``(B) each applicant's record of, and commitment to, establishing conditions for innovation and reform, as described in subsection (a)(2); ``(C) the quality and likelihood of success of each applicant's plan described in subsection (a)(3) in showing improvement in the areas described in subsection (a)(1), including each applicant's capacity to implement the plan and evidence of collaboration as described in subsection (a)(4); and ``(D) each applicant's evaluation plan as described in subsection (a)(6). ``(2) Explanation.--The Secretary shall publish an explanation of how the application review process under this section will ensure an equitable and objective evaluation based on the criteria described in paragraph (1). ``(c) Priority.--In awarding grants to local educational agencies under this part, the Secretary shall give priority to-- ``(1) local educational agencies with the highest numbers or percentages of children from families with incomes below the poverty line; and ``(2) local educational agencies that serve schools designated with a school locale code of 41, 42, or 43. ``SEC. 6305. PERFORMANCE MEASURES. ``Each State and each local educational agency receiving a grant under this part shall establish performance measures and targets, approved by the Secretary, for the programs and activities carried out under this part. These measures shall, at a minimum, track the State's or local educational agency's progress in-- ``(1) implementing its plan described in section 6304(a)(3); and ``(2) improving outcomes for all subgroups described in section 1111(b)(2)(C)(v)(II) including, as applicable, by-- ``(A) increasing student achievement; ``(B) decreasing achievement gaps; ``(C) increasing secondary school graduation rates; ``(D) increasing postsecondary education enrollment and persistence rates; ``(E)(i) improving the effectiveness of teachers and school leaders, increasing the retention of effective teachers and school leaders; and ``(ii) promoting equity in the distribution of effective teachers and school leaders in order to ensure that low-income and minority children are not taught by ineffective teachers, and are not in schools led by ineffective leaders, at higher rates than other children; and ``(F) making progress on any other measures identified by the Secretary. ``SEC. 6306. USES OF FUNDS. ``(a) Grants to States.--Each State that receives a grant under this part shall use-- ``(1) not less than 50 percent of the grant funds to make subgrants to the local educational agencies in the State that participate in the State's plan under section 6304(a)(3), based on such local educational agencies' relative shares of funds under part A of title I for the most recent year for which those data are available; and ``(2) not more than 50 percent of the grant funds for any purpose included in the State's plan under section 6304(a)(3). ``(b) Grants to Local Educational Agencies.--Each local educational agency that receives a grant under this part shall use the grant funds for any purpose included in the local educational agency's plan under section 6304(a)(3). ``(c) Subgrants to Local Educational Agencies.--Each local educational agency that receives a subgrant under this part from a State shall use the subgrant funds for any purpose included in the State's plan under section 6304(a)(3). ``SEC. 6307. REPORTING. ``(a) Annual Reports.--A State or local educational agency that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report including-- ``(1) data on the State's or local educational agency's progress in achieving the targets for the performance measures established under section 6305; ``(2) a description of the challenges the State or agency has faced in implementing its program and how it has addressed or plans to address those challenges; and ``(3) findings from the evaluation plan as described in section 6304(a)(6). ``(b) Local Reports.--Each local educational agency that receives a subgrant from a State under this part shall submit to the State such information as the State may require to complete the annual report required under subsection (a). ``SEC. 6308. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $1,350,000,000 for fiscal year 2011 and such sums as may be necessary for each of the 5 succeeding fiscal years.''. (b) Conforming Amendments.--The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7301 et seq.) is amended-- (1) by striking the items relating to part C of title VI; and (2) by inserting after the item relating to section 6234 the following: ``Part C--Race to the Top ``Sec. 6301. Purposes. ``Sec. 6302. Reservation of funds. ``Sec. 6303. Program authorized. ``Sec. 6304. Applications. ``Sec. 6305. Performance measures. ``Sec. 6306. Uses of funds. ``Sec. 6307. Reporting. ``Sec. 6308. Authorization of appropriations. ``Part D--General Provisions ``Sec. 6401. Prohibition against Federal mandates, direction, or control. ``Sec. 6402. Rule of construction on equalized spending.''.

Race to the Top Act of 2010 - Directs the Secretary of Education to award competitive grants to states and local educational agencies (LEAs) to implement reforms and innovations designed to improve educational outcomes significantly for all students and reduce achievement gaps significantly among specified student subgroups. Requires each grant applicant to have a comprehensive and coherent plan for doing so that includes, if applicable: (1) improving the effectiveness of teachers and school leaders and promoting their equitable distribution; (2) strengthening the use of data to improve education; (3) implementing internationally benchmarked, college- and career-ready elementary and secondary academic standards; (4) turning around its lowest-performing schools; (5) supporting, or coordinating with, early learning programs for high-need children from birth through third grade; and (6) creating or maintaining successful conditions for high-performing charter schools and other innovative, autonomous public schools. Requires each grantee to establish performance measures that track its progress in implementing its plan, and improving educational outcomes for students and specified student subgroups. Gives grant priority to LEAs with the highest number or percentages of impoverished children and those that serve rural schools. Requires each state grantee to use at least 50% of its grant for subgrants to LEAs that participate in its plan. Allows LEAs to receive a grant and subgrant for the same fiscal year.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Secret Service Accountability and Improvement Act of 2014''. SEC. 2. FINDINGS. (a) In General.--Congress finds the following: (1) Several recent failures have drawn negative attention to the protective mission of the United States Secret Service. Such key failures include lapses in responding appropriately to potential threats to the White House complex, United States Secret Service personnel exhibiting conduct that is unbecoming to the Service in several instances, and reports of United States Secret Service personnel misusing the authorities and resources of the Service. (2) For example, on September 19, 2014, an individual obtained unauthorized access to the White House. Such access was obtained after failures in five security layers by the United States Secret Service. In another example, on November 11, 2011, an individual fired multiple shots from a semiautomatic rifle at the White House complex. It was revealed that a total of seven bullets struck the exterior of the building. The Service failed to fully investigate the incident in a timely manner or to disclose it. (3) On March 23, 2014, a Special Agent assigned to the Counter Assault Team was found intoxicated to the point of unconsciousness in a hotel in Amsterdam in advance of a Presidential visit. In another example, on April 11, 2012, conduct unbecoming to United States Secret Service personnel was exhibited before a Presidential visit to Cartagena, Columbia. Nine personnel were involved in serious misconduct. (4) Surveillance personnel from the Washington field office were diverted in 2011 from supporting the protective mission at the request of senior leadership in order to provide protection to a United States Secret Service employee at her home following a neighborhood dispute. Such a diversion was outside the scope of the Service's duties and violated the Standards of Ethical Conduct for Employees of the Executive Branch. (b) Further Findings.--Congress further finds that the protection of the President, Vice President, First and Second Families, and former Presidents is a matter of national security. Any issues that distract from the protective mission of the United States Secret Service are a threat to the national security of the United States. SEC. 3. ESTABLISHMENT. There is established in the legislative branch an independent advisory panel to-- (1) examine the efficiency and effectiveness of the leadership structure, protocols, training, tools, and capabilities of the Department of Homeland Security's mission to protect national leaders, visiting heads of state and government, designated sites, and special events of national significance (in accordance with paragraph (1) of section 3056(e) of title 18 United States Code); and (2) make recommendations to improve the overall efficiency and effectiveness of the United States Secret Service. SEC. 4. MEMBERSHIP. (a) In General.--The independent advisory panel (in this Act referred to as the ``Panel'') established pursuant to section 3 shall be composed of eight members, as follows: (1) Two members shall be appointed by the Speaker of the House of Representatives, in coordination with the chairs of the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives. Only one of such members may be from the same political party as the Speaker of the House of Representatives. (2) Two members shall be appointed by the majority leader of the Senate, in coordination with the chairs of the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate. Only one of such members may be from the same political party as the majority leader of the Senate. (3) One member shall be appointed by the minority leader of the House of Representatives, in coordination with the ranking members of the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives. (4) One member shall be appointed by the minority leader of the Senate, in coordination with the ranking members of the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate. (5) Two members shall be appointed by the President, in consultation with the Secretary of Homeland Security. Only one of such members may be from the same political party as the President. (b) Prohibition.--Except as provided in subsection (a), members of the Panel may not be current appointees of the President's Administration or Members of Congress, in order to ensure objectivity of the Panel's assessments. No member may be or have been an employee of the United States Secret Service at any point in their career. (c) Deadline for Appointments.--All appointments to the Panel shall be made not later than 90 days after the date of the enactment of this Act. (d) Co-Chairs.--The Panel shall have two co-chairs, as follows: (1) A co-chair who shall be a member of the Panel designated by the Speaker of the House of Representatives. (2) A co-chair who shall be a member of the Panel designated by the majority leader of the Senate. (e) Vacancy.--In the event of a vacancy on the Panel, the individual appointed to fill the vacant seat shall be-- (1) subject to paragraph (2), appointed by the same officer (or the officer's successor) who made the appointment to the seat when the Panel was first established; or (2) if the officer's successor is of a party other than the party of the officer who made the initial appointment when the Panel was first established, chosen in consultation with the senior officers of the House of Representatives and the Senate of the party which is the party of the officer who made such initial appointment. (f) Government Employees.--Members of the Panel who are officers or employees of the Federal Government shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Panel. (g) Initial Meeting.--The Panel shall meet and begin the operations of the Panel not later than 60 days after the appointment of all Panel members under subsection (a). SEC. 5. DUTIES. The Panel shall assess the current leadership structure, protocols, training, tools, and capabilities of the United States Secret Service, including assessing-- (1) the unity of effort between the divisions of the United States Secret Service, law enforcement agencies, and other components of the Department of Homeland Security related to the protective and investigative missions, including whether mission duplication with other Federal entities exists; (2) the impact of United States Secret Service personnel culture on the effectiveness and efficiency of the Service, including Special Agent and Uniformed Division retention; (3) the impact any leadership or security deficiencies have on the threat from acts of terrorism or other security incidents; (4) identification of all security breaches at locations under United States Secret Service protection in the past five years; (5) the extent to which current resources provide for accomplishing the mission of the United States Secret Service; (6) the effectiveness of communications and dissemination of homeland security information within the United States Secret Service and with other law enforcement entities in routine as well as emergency situations; and (7) any necessary recommendations for congressional consideration. SEC. 6. POWERS AND AUTHORITIES. (a) In General.--The Panel or, on the authority of the Panel, any portion thereof, may, for the purpose of carrying out this section-- (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths (provided that the quorum for a hearing shall be two members of the Panel); and (2) subject to subsection (b), require by subpoena or otherwise provide for the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Panel, or such portion thereof, may determine advisable. (b) Open to the Public.--Hearings and other activities conducted under subsection (a) shall be open to the public unless the Panel, or, on the authority of the Panel, any portion thereof, determines that such is not appropriate, including for reasons relating to the disclosure of information or material regarding the national security interests of the United States or the disclosure of sensitive law enforcement data. (c) Subpoenas.-- (1) Issuance.-- (A) In general.--A subpoena may be issued under this subsection only-- (i) by the two co-chairs; or (ii) by the affirmative recorded vote of six members of the Panel. (B) Signature.--Subpoenas issued under this subsection may be-- (i) issued under the signature of the two co-chairs or any member designated by a majority of the Panel; and (ii) served by any person designated by the two co-chairs or by any member designated by a majority of the Panel. (2) Enforcement.-- (A) In general.--In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as contempt of that court. (B) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena, the Panel may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before a grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (d) Personnel.-- (1) In general.--The Panel shall have the authorities provided in section 3161 of title 5, United States Code, and shall be subject to the conditions specified in such section, except to the extent that such conditions would be inconsistent with the requirements of this section. (2) Compensation.--The co-chairs, in accordance with rules agreed upon by the Panel, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Panel to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (3) Detailees.--Any employee of the Federal Government may be detailed to the Panel without reimbursement from the Panel, and such employee shall retain the rights, status, and privileges of such employee's regular employment without interruption. (4) Expert and consultant services.--The Panel is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Volunteer services.--Notwithstanding section 1342 of title 31, United States Code, the Panel may accept and use voluntary and uncompensated services as the Panel determines necessary. (e) Security Clearances.--The appropriate departments or agencies of the Federal Government shall cooperate with the Panel in expeditiously providing to the Panel members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this section without the appropriate security clearances. (f) Contracting.--The Panel may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Panel to carry out its duties under this Act. (g) Postal Services.--The Panel may use the United States mails in the same manner and under the same conditions as departments and agencies of the Federal Government. (h) Support Services.--Upon request of the Panel, the Administrator of General Services shall provide the Panel, on a reimbursable basis, with the administrative support services necessary for the Panel to carry out its duties under this Act. Such administrative services may include human resource management, budget, leasing, accounting, and payroll services. (i) Rules of Procedure.--The Panel may establish rules for the conduct of the Panel's business, if such rules are not inconsistent with this Act or other applicable law. (j) Nonapplicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Panel. (k) Termination.--The Panel shall terminate on the date that is 60 days after the date of the submission of its final report. SEC. 7. REPORTS TO CONGRESS. (a) Interim Report.--Not later than nine months after the date of the appointment of all the members of the Panel, the Panel shall submit to the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate an interim report, including the results and findings of the assessments carried out in accordance with section 5. (b) Other Reports and Briefings.--The Panel may from time to time submit to the committees specified in subsection (a) such other reports and briefings relating to the assessments carried out in accordance with section 5 as the Panel considers appropriate. Such committees may request information on the Panel's progress as it conducts its work. (c) Final Report.--Not later than eighteen months after the date of the appointment of all the members of the Panel, the Panel shall submit to the committees specified in subsection (a) a final report on the assessments carried out in accordance with section 5. Such final report shall-- (1) include the findings of the Panel; (2) identify lessons learned related to United States Secret Service leadership issues; and (3) include specific recommendations, including those for congressional consideration, relating to-- (A) improving the efficiency and effectiveness of the leadership structure, protocols, training, tools, and capabilities of the Department of Homeland Security's mission to protect national leaders, visiting heads of state and government, designated sites, and special events of national significance (in accordance with paragraph (1) of section 3056(e) of title 18 United States Code); (B) improving unity of effort between the divisions of the United States Secret Service and other law enforcement agencies and other components of the Department of Homeland Security relating to the protective and, as applicable, investigative missions, including whether duplication with other Federal entities exists; (C) eliminating barriers to effective communications in routine as well as emergency situations; (D) identifying and mitigating cultural issues within the United States Secret Service that detract from the mission of the Service; and (E) improvements needed to mitigate risks based on past security breaches.

United States Secret Service Accountability and Improvement Act of 2014 - Establishes in the legislative branch an independent advisory panel to: (1) examine the efficiency and effectiveness of the leadership structure, protocols, training, tools, and capabilities of the Department of Homeland Security's (DHS) mission to protect national leaders, visiting heads of state and government, designated sites, and special events of national significance; and (2) make recommendations to improve the overall efficiency and effectiveness of the United States Secret Service. Directs the panel to assess the current leadership structure, protocols, training, tools, and capabilities of the Service, including assessing: the unity of effort between the divisions of the Service, law enforcement agencies, and other components of DHS related to the protective and investigative missions; the impact of Service personnel culture on its effectiveness and efficiency; the impact any leadership or security deficiencies have on the threat from acts of terrorism or other security incidents; identification of all security breaches at locations under Service protection in the past five years; the extent to which current resources provide for accomplishing its mission, and the effectiveness of communications and dissemination of homeland security information within the Service and with other law enforcement entities in routine and emergency situations. Sets forth reporting requirements, including requiring the final report to identify lessons learned regarding Service leadership issues and to include recommendations for improving efficiency and effectiveness, improving unity of effort, eliminating barriers to effective communications, identifying and mitigating culture issues that detract from its mission, and mitigating risks based on past security breaches.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe, Convenient, Reliable, Efficient, Effective, Next-Generation, Functional, and Secure TSA Act of 2016'' or the ``SCREEN FAST Act''. SEC. 2. PILOT PROGRAM FOR INCREASED EFFICIENCY AND SECURITY AT CATEGORY X AIRPORTS. (a) In General.--The Administrator of the Transportation Security Administration shall establish a pilot program at 3 airports to reconfigure and install security systems that increase efficiency and reduce vulnerabilities in airport terminals, particularly at airports that have large open areas where screening is conducted. (b) Selection of Airports.--In selecting airports for the pilot program established under subsection (a), the Administrator shall-- (1) select airports from among airports classified by the Transportation Security Administration as category X airports and that are able to begin the reconfiguration and installation of security systems expeditiously; and (2) give priority to an airport that-- (A) submits a proposal that seeks Federal funding for reconfiguration of the airport's security systems; (B) has the space needed to reduce vulnerabilities and reconfigure the existing security systems; and (C) is able to enter into a cost-sharing arrangement with the Transportation Security Administration under which the airport will provided funding equal to 25 percent of the cost of the pilot program. SEC. 3. PILOT PROGRAM FOR THE DEVELOPMENT AND TESTING OF PROTOTYPES FOR AIRPORT SECURITY SYSTEMS. (a) In General.--The Administrator of the Transportation Security Administration shall establish a pilot program at 3 airports to develop and test prototypes of screening security systems and security checkpoint configurations to expedite the movement of passengers by deploying a range of technologies including passive and active systems, new types of security baggage and personal screening systems, and new systems to review and address passenger and baggage anomalies. (b) Selection of Airports.--In selecting airports for the pilot program established under subsection (a), the Administrator shall-- (1) select airports from among airports classified by the Transportation Security Administration as category X airports that are able to begin the reconfiguration and installation of security systems expeditiously; (2) consider the space available at airports and the ability of airports to test prototypes; and (3) give priority to an airport that-- (A) submits a proposal that seeks Federal funding to test prototypes for new airport security systems; (B) has the space needed to reduce vulnerabilities and reconfigure the existing security systems; and (C) is able to enter into a cost-sharing arrangement with the Transportation Security Administration under which the airport will provided funding equal to 25 percent of the cost of the pilot program. SEC. 4. REPORT REQUIRED. Not later than 90 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a report on the pilot programs established under sections 2 and 3. SEC. 5. FUNDING. The Administrator of the Transportation Security Administration shall carry out the pilot programs established under sections 2 and 3 using amounts-- (1) appropriated to the Transportation Security Administration before the date of the enactment of this Act and available for obligation as of such date of enactment; and (2) amounts obtained as reimbursements from airports under those pilot programs. SEC. 6. ACCEPTANCE AND PROVISION OF RESOURCES BY THE TRANSPORTATION SECURITY ADMINISTRATION. Section 114(m) of title 49, United States Code, is amended by adding at the end the following: ``(3) Acceptance and provision of resources.--In carrying out the functions of the Administration, the Under Secretary shall have the authority-- ``(A) to provide or accept services, supplies, equipment, personnel, and facilities, with or without reimbursement, to or from any other public or private entity on such terms as the Under Secretary may consider appropriate and notwithstanding sections 1341 and 1501 through 1519 of title 31; and ``(B) upon the request of any person, to accept a monetary gift or bequest, to be available until expended, in accordance with the terms of the monetary gift or bequest, to the greatest extent practicable.''.

Safe, Convenient, Reliable, Efficient, Effective, Next-Generation, Functional, and Secure TSA Act of 2016 or the SCREEN FAST Act This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security to establish a pilot program at three category X airports to reconfigure and install security systems that increase efficiency and reduce vulnerabilities in airport terminals, particularly those that have large open areas where screening occurs. The TSA shall also establish a pilot program at those airports to develop and test prototypes of screening security systems and security checkpoint configurations to expedite the movement of passengers by deploying an array of technologies including passive and active systems, new types of security baggage and passenger screening systems, and new systems to address passenger and baggage anomalies.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Assurance Act of 1994''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the number of single-parent households has increased significantly; (2) there is a high correlation between childhood poverty and growing up in a single-parent household; (3) family dissolution often brings the economic consequence of a lower standard of living for the custodian and children; (4) children are nearly twice as likely to be in poverty after a family dissolution as before a family dissolution; (5) one-fourth of the single mothers who are owed child support receive none and another one-fourth of such mothers receive only partial child support payments; (6) single mothers above and below the poverty line are equally likely to receive none of the child support they are owed; and (7) the failure of children to receive an adequate level of child support limits the ability of such children to thrive and to develop their potential and leads to long-term societal costs in terms of health care, welfare, and loss in labor force productivity. (b) Purpose.--It is the purpose of this Act to enable participating States to establish child support assurance systems in order to improve the economic circumstances of children who do not receive a minimum level of child support from the noncustodial parents of such children and to strengthen the establishment and enforcement of child support awards. The child support assurance approach is structured on a demonstration basis in order to implement and evaluate different options with respect to the provision of intensive support services and mechanisms for administering the program on a national basis. SEC. 3. ESTABLISHMENT OF CHILD SUPPORT ASSURANCE DEMONSTRATION PROJECTS. (a) In General.--In order to encourage States to provide a guaranteed minimum level of child support for every eligible child not receiving such support, the Secretary of Health and Human Services (hereafter in this section referred to as the ``Secretary'') shall make grants to not more than 6 States to conduct demonstration projects for the purpose of establishing or improving a system of assured minimum child support payments in accordance with this section. (b) Contents of Application.--An application for grants under this section shall be submitted by the Governor of a State and shall-- (1) contain a description of the proposed child support assurance project to be established, implemented, or improved using amounts provided under this section, including the level of the assured benefit to be provided, the specific activities to be undertaken, and the agencies that will be involved; (2) specify whether the project will be carried out throughout the State or in limited areas of the State; (3) estimate the number of children who will be eligible for assured minimum child support payments under the project, and the amounts to which they will be entitled on average as individuals and in the aggregate; (4) describe the child support guidelines and review procedures which are in use in the State and any expected modifications; (5) contain a commitment by the State to carry out the project during a period of not less than 3 and not more than 5 consecutive fiscal years beginning with fiscal year 1996; (6) contain assurances that the State-- (A) is currently at or above the national median paternity establishment rate (as defined in section 452(g)(2) of the Social Security Act), (B) will improve the performance of the agency designated by the State to carry out the requirements under part D of title IV of the Social Security Act by at least 4 percent each year in which the State operates a child support assurance project under this section in-- (i) the number of cases in which paternity is established when required; (ii) the number of cases in which child support orders are obtained; and (iii) the number of cases with child support orders in which collections are made; and (C) to the maximum extent possible under current law, will use Federal, State, and local job training assistance to assist individuals who have been determined to be unable to meet such individuals' child support obligations; (7) describe the extent to which multiple agencies, including those responsible for administering the Aid to Families With Dependent Children Program under part A of title IV of the Social Security Act and child support collection, enforcement, and payment under part D of such title, will be involved in the design and operation of the child support assurance project; and (8) contain such other information as the Secretary may require by regulation. (c) Use of Funds.--A State shall use amounts provided under a grant awarded under this section to carry out a child support assurance project designed to provide a minimum monthly child support benefit for each eligible child in the State to the extent that such minimum child support is not paid in a month by the noncustodial parent. (d) Requirements.--(1) A child support assurance project funded under this section shall provide that-- (A) any child (as defined in paragraph (2)) with a living noncustodial parent for whom a child support order has been sought (as defined in paragraph (3)) or obtained and any child who meets ``good cause'' criteria for not seeking or enforcing a support order is eligible for the assured child support benefit; (B) the assured child support benefit shall be paid promptly to the custodial parent at least once a month and shall be-- (i) an amount determined by the State which is-- (I) not less than $1,500 per year for the first child, $1,000 per year for the second child, and $500 per year for the third and each subsequent child, and (II) not more than $3,000 per year for the first child and $1,000 per year for the second and each subsequent child; (ii) offset and reduced to the extent that the custodial parent receives child support in a month from the noncustodial parent; (iii) indexed and adjusted for inflation; and (iv) in the case of a family of children with multiple noncustodial parents, calculated in the same manner as if all such children were full siblings, but any child support payment from a particular noncustodial parent shall only be applied against the assured child support benefit for the child or children of that particular noncustodial parent; (C) for purposes of determining the need of a child or relative and the level of assistance, one-half of the amount received as a child support payment shall be disregarded from income until the total amount of child support and Aid to Families With Dependent Children benefit received under part A of title IV of the Social Security Act equals the Federal poverty level for a family of comparable size; (D) in the event that the family as a whole becomes ineligible for Aid to Families With Dependent Children under part A of the Social Security Act due to consideration of assured child support benefits, the continuing eligibility of the caretaker for Aid to Families With Dependent Children under such title shall be calculated without consideration of the assured child support benefit; and (E) in order to participate in the child support assurance project, the child's caretaker shall apply for services of the State's child support enforcement program under part D of title IV of the Social Security Act. (2) For purposes of this section, the term ``child'' means an individual who is of such an age, disability, or educational status as to be eligible for child support as provided for by the law of the State in which such individual resides. (3) For purposes of this section, a child support order shall be deemed to have been ``sought'' where an individual has applied for services from the State agency designated by the State to carry out the requirements of part D of title IV of the Social Security Act or has sought a child support order through representation by private or public counsel or pro se. (e) Consideration and Priority of Applications.--(1) The Secretary shall consider all applications received from States desiring to conduct demonstration projects under this section and shall approve not more than 6 applications which appear likely to contribute significantly to the achievement of the purpose of this section. In selecting States to conduct demonstration projects under this section, the Secretary shall-- (A) ensure that the applications selected represent a diversity of minimum benefits distributed throughout the range specified in subsection (d)(1)(B)(i); (B) consider the geographic dispersion and variation in population of the applicants; (C) give priority to States the applications of which demonstrate-- (i) significant recent improvements in-- (I) establishing paternity and child support awards, (II) enforcement of child support awards, and (III) collection of child support payments; (ii) a record of effective automation; and (iii) that efforts will be made to link child support systems with other service delivery systems; (D) ensure that the proposed projects will be of a size sufficient to obtain a meaningful measure of the effects of child support assurance; (E) give priority, first, to States intending to operate a child support assurance project on a statewide basis, and, second, to States that are committed to phasing in an expansion of such project to the entire State, if interim evaluations suggest such expansion is warranted; and (F) ensure that, if feasible, the States selected use a variety of approaches for child support guidelines. (2) Of the States selected to participate in the demonstration projects conducted under this section, the Secretary shall require, if feasible-- (A) that at least 2 provide intensive integrated social services for low-income participants in the child support assurance project, for the purpose of assisting such participants in improving their employment, housing, health, and educational status; and (B) that at least 2 have adopted the Uniform Interstate Family Support Act. (f) Duration.--(1) During fiscal year 1995, the Secretary shall develop criteria, select the States to participate in the demonstration, and plan for the evaluation required under subsection (h). The demonstration projects conducted under this section shall commence on October 1, 1995, and shall be conducted for not less than 3 and not more than 5 consecutive fiscal years, except that the Secretary may terminate a project before the end of such period if the Secretary determines that the State conducting the project is not in substantial compliance with the terms of the application approved by the Secretary under this section. (g) Cost Savings Recovery.--The Secretary shall develop a methodology to identify any State cost savings realized in connection with the implementation of a child support assurance project conducted under this Act. Any such savings realized as a result of the implementation of a child support assurance project shall be utilized for child support enforcement improvements or expansions and improvements in the Aid to Families With Dependent Children Program conducted under part A of title IV of the Social Security Act within the participating State. (h) Evaluation and Report to Congress.--(1) The Secretary shall conduct an evaluation of the effectiveness of the demonstration projects funded under this section. The evaluation shall include an assessment of the effect of an assured benefit on-- (A) income from nongovernment sources and the number of hours worked; (B) the use and amount of government supports; (C) the ability to accumulate resources; (D) the well-being of the children, including educational attainment and school behavior; and (E) the State's rates of establishing paternity and support orders and of collecting support. (2) Three and 5 years after commencement of the demonstration projects, the Secretary shall submit an interim and final report based on the evaluation to the Committee on Finance and the Committee on Labor and Human Resources of the Senate, and the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives concerning the effectiveness of the child support assurance projects funded under this section. (i) State Reports.--The Secretary shall require each State that conducts a demonstration project under this section to annually report such information on the project's operation as the Secretary may require, except that all such information shall be reported according to a uniform format prescribed by the Secretary. (j) Restrictions on Matching and Use of Funds.--(1) A State conducting a demonstration project under this section shall be required-- (A) except as provided in paragraph (2), to provide not less than 20 percent of the total amounts expended in each calendar year of the project to pay the costs associated with the project funded under this section; (B) to maintain its level of expenditures for child support collection, enforcement, and payment at the same level, or at a higher level, than such expenditures were prior to such State's participation in a demonstration project provided by this section; and (C) to maintain the Aid to Families With Dependent Children benefits provided under part A of title IV of the Social Security Act at the same level, or at a higher level, as the level of such benefits on the date of the enactment of this Act. (2) A State participating in a demonstration project under this section may provide no less than 10 percent of the total amounts expended to pay the costs associated with the project funded under this section in years after the first year such project is conducted in a State if the State meets the improvements specified in subsection (b)(6)(B). (k) Coordination With Certain Means-Tested Programs.--For purposes of-- (1) the United States Housing Act of 1937; (2) title V of the Housing Act of 1949; (3) section 101 of the Housing and Urban Development Act of 1965; (4) sections 221(d)(3), 235, and 236 of the National Housing Act; (5) the Food Stamp Act of 1977; (6) title XIX of the Social Security Act; and (7) child care assistance provided through part A of title IV of the Social Security Act, the Child Care and Development Block Grant, or title XX of the Social Security Act, any payment made to an individual within the demonstration project area for child support up to the amount which an assured child support benefit would provide shall not be treated as income and shall not be taken into account in determining resources for the month of its receipt and the following month. (l) Treatment of Child Support Benefit.--Any assured child support benefit received by an individual under this Act shall be considered child support for purposes of the Internal Revenue Code of 1986. (m) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary in each of the fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 to carry out the purposes of this Act.

Child Support Assurance Act of 1994 - Directs the Secretary of Health and Human Services to make grants to up to six States for demonstration programs to establish or improve a system of assured minimum child support payments. Requires the custodial parent to have, or be in the process of obtaining, a child support award, or the child to have good cause for the absence of such an award, to qualify for the program. Authorizes appropriations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers' Cancer Research Funding Act of 1996''. SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND ``Sec. 6098. Designation to Breast and Prostate Cancer Research Fund. ``SEC. 6098. DESIGNATION TO BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) In General.--Every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $5 or more may designate that $5 shall be paid over to the Breast and Prostate Cancer Research Fund in accordance with the provisions of section 9512. In the case of a joint return of husband and wife having an adjusted income tax liability of $10 or more, each spouse may designate that $5 shall be paid to the fund. ``(b) Adjusted Income Tax Liability.--For purposes of subsection (a), the term `adjusted income tax liability' means, for any individual for any taxable year, the excess (if any) of-- ``(1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over ``(2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual's spouse) under section 6096(a) for such taxable year. ``(c) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature.'' (b) Breast and Prostate Cancer Research Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9512. BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Breast and Prostate Cancer Research Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Breast and Prostate Cancer Research Fund amounts equivalent to the amounts designated under section 6098. ``(c) Expenditures.--Amounts in the Breast and Prostate Cancer Research Fund shall be available, as provided in appropriation Acts, for purposes of making qualified research grants, to the extent that such amounts exceed the aggregate of all Federal administrative costs attributable to the implementation of section 6098, subsections (a) and (b) of this section, and (with respect to such fund) section 9602. Such amounts shall be used to supplement, not supplant, existing funding for research with respect to breast and prostate cancer. ``(d) Qualified Research Grants.-- ``(1) In general.--For purposes of subsection (c), the term `qualified research grant' means a grant, to a qualified person selected by the National Cancer Institute of the National Institutes of Health by qualified peer review, for the purpose of conducting research with respect to breast or prostate cancer. Such a grant shall be administered by such National Cancer Institute and the amount of such grant shall be determined by such Institute. ``(2) Qualified peer review.--For purposes of paragraph (1), the term `qualified peer review' means peer review described in sections 492 and 492A of the Public Health Service Act.'' (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Designation of income tax payments to Breast and Prostate Cancer Research Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Breast and Prostate Cancer Research Fund.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Taxpayers' Cancer Research Funding Act of 1996 - Amends the Internal Revenue Code to allow certain individuals to designate that five dollars (ten dollars in the case of joint returns) be paid over to the Breast and Prostate Cancer Research Fund. Establishes a trust fund to be known as the Breast and Prostate Cancer Research Fund into which such designated amounts shall be deposited.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Spring Mountain Exchange Act of 1998''. SEC. 2. EXCHANGE OF LANDS AND MINERAL INTERESTS. (a) Conveyance by United States.-- (1) In general.--Subject to subsections (b), (c), and (d) and notwithstanding any other provision of law, not later than 90 days after the final determination of lands and interests subject to exchange under this section, the Secretary of the Interior shall convey to Rhodes Design and Development Corporation, subject to any valid existing rights and in exchange for lands and interests conveyed by the Corporation in accordance with subsection (b), all right, title, and interest of the United States in and to approximately 1,463 acres of Federal lands in the State of Nevada depicted on the map entitled ``Spring Mountain Land Exchange, Map 1 dated August ____, 1998''. The Secretary shall make that map available for public inspection in the offices of the Director of the Las Vegas District of the Bureau of Land Management. (2) Determination of lands and interests.--The Secretary shall determine the lands and interests that are subject to exchange under this section not later than 90 days after the date of the enactment of this Act. (b) Offer and Acceptance.--The Secretary shall make the conveyance to the Corporation under subsection (a) only if the Corporation conveys to the United States all right, title, and interest of the Corporation in and to approximately 490 acres of lands in the State of Nevada depicted on a map entitled ``Spring Mountain Land Exchange Map 2 dated August ____, 1998''. The Secretary shall make that map available for public inspection in the offices of the Director of the Las Vegas District of the Bureau of Land Management. (c) Equalization Payments.-- (1) In general.--If the fair market values of lands and interests exchanged under this section are not equal, the Secretary shall ensure that they are equalized by the payment of money to the Secretary or to the Corporation as appropriate in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (2) Valuation.--The value of lands and interests shall be determined for purposes of this section-- (A) utilizing nationally recognized appraisal standards; (B) in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); and (C) without regard to the presence of any species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Payments to State and Local Government.-- (1) In general.--The Secretary shall require, as a term of any conveyance under this section, that the Corporation shall make direct payments to the State of Nevada and the Southern Nevada Water Authority in accordance with paragraph (2). Such payments shall be considered to be a cost incurred by the Corporation and shall be compensated by the Secretary. (2) Amount of payment.-- (A) Payment to state.--The amount paid by the Corporation to the State of Nevada shall be equal to 5 percent of the fair market value of the Federal lands conveyed by the United States under this section (as determined under subsection (b)), and shall be used by the State only in the general education program of the State. (B) Payment to authority.--The amount paid by the Corporation to the Southern Nevada Water Authority shall be equal to 10 percent of the fair market value of the Federal lands conveyed by the United States under this section (as determined under subsection (b)), and shall be used by the Authority only for water treatment and transmission facility infrastructure in Clark County, Nevada. (e) Adjustments to Maps.--The Secretary may make such minor corrections in the maps referred to in this section as may be agreed upon by the Secretary and the Corporation, after the Secretary notifies the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives of any such minor corrections. (f) Administration of Lands.-- (1) Cancellation.--If, before the exchange has been carried out pursuant to subsections (a) and (b), the Corporation provides written notification to the Secretary that the Corporation no longer intends to complete the exchange, the status of the lands and interests otherwise subject to the exchange shall revert to the status of such lands and interests as of the day before the date of enactment of this Act, and the lands and interests shall be managed in accordance with applicable law and management plans. (2) Administration of lands acquired by the united states.--On acceptance of title by the United States, all land and interests acquired by the United States under this section that are located within the boundaries of a unit of the National Forest System, National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, National Wilderness Preservation System, or any other system established by an Act of Congress, or within the boundaries of any national conservation area or national recreation area established by an Act of Congress-- (A) shall become part of the unit or area without further administrative or legislative action; and (B) shall be managed in accordance with all laws, regulations, and land use plans applicable to the unit or area. (g) Definitions.--As used in this section: (1) Corporation.--The term ``Corporation'' means the Rhodes Design and Development Corporation (a corporation established under the laws of the State of Nevada). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Spring Mountain Exchange Act of 1998 - Requires the Secretary of the Interior to convey to Rhodes Design and Development Corporation certain Federal lands in Clark County, Nevada, in exchange for: (1) certain Corporation lands in Nevada; and (2) specified payments by the Corporation to the State of Nevada for use in its general education program and to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure. Provides that such payments shall be considered to be a cost incurred by the Corporation and shall be compensated by the Secretary.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Accuracy in Medicare Physician Payment Act of 2013''. SEC. 2. EXPERT ADVISORY PANEL REGARDING RELATIVE VALUE SCALE PROCESS USED IN MEDICARE PHYSICIAN FEE SCHEDULE. Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395m(c)(2)) is amended by adding at the end the following new subparagraph: ``(M) Use of expert advisory panel regarding relative value scale process used.-- ``(i) In general.--For purposes of providing oversight to the processes (including the process described in subparagraph (K)) relating to valuation of physicians' services, not later than 90 days after the date of the enactment of this subparagraph, the Secretary shall establish and appoint an expert outside advisory panel (in this subparagraph referred to as the `panel'). ``(ii) Composition of panel.--The panel shall be composed of individuals with expertise in the valuation of physicians' services, such as individuals who are medical directors for carriers, experts in medical economics and technology diffusion, and private payer plan representatives, and shall include a mix of physicians in different specialty areas, particularly physicians who are not directly affected by changes in the valuation of physicians' services under this section (such as retired physicians and physicians who are employed by managed care organizations or academic medical centers), as well as representatives of individuals enrolled under this part. ``(iii) Duties.-- ``(I) In general.--The panel shall provide oversight to the processes of identifying, reviewing, and adjusting valuations for physicians' services under this section, including activities described in the succeeding provisions of this clause. ``(II) Establishment of screens.-- The panel may establish screens (in addition to the screens identified under subparagraph (K)(ii)) and other means for identifying physicians' services for which there are potentially misvalued codes for review, such as services that have experienced substantial changes in length of stay, site of service, volume, practice expense, and other factors that may indicate changes in physician work. ``(III) Data collection.--The panel may collect data and develop supporting evidence relating to the valuation of physicians' services. ``(IV) Surveys.--The panel may conduct surveys of suppliers of physicians' services and may conduct time and motion studies relating to such valuations. ``(V) Transmitting codes for review and recommendations.--The panel may transmit with supporting evidence codes for review and recommendations through the means described in subparagraphs (I) through (III) of subparagraph (K)(iii). ``(VI) Evaluation of recommendations submitted.--The panel shall evaluate any recommendations submitted through such means (whether pursuant to the solicitation under subclause (V) or otherwise) and report to the Secretary on such evaluation. The panel's activities under subclauses (III) and (IV) may be conducted directly or through contracts with appropriate, qualified entities. ``(iv) Application of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the panel, except that section 14 of such Act shall not apply. ``(v) Funding.--The Secretary shall provide for the transfer of not to exceed $10,000,000 for each fiscal year (beginning with fiscal year 2014) from the Federal Medical Supplementary Medical Insurance Trust Fund established in section 1841 to the Center for Medicare & Medicaid Services Program Management Account to carry out this subparagraph, including for the management and staffing of the panel and the conduct of activities described in clause (iii).''.

Accuracy in Medicare Physician Payment Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish and appoint an expert outside advisory panel for purposes of providing oversight to the processes relating to valuation of physicians' services.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Site Public Health Improvement Act''. SEC. 2. PUBLIC HEALTH AT NPL FACILITIES. Section 104(i)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(6)) is amended as follows: (1) By amending subparagraph (A) to read as follows: ``(A) The Administrator of ATSDR shall perform a health assessment for each facility, including those facilities owned by any department, agency, or instrumentality of the United States, on the National Priorities List established under section 105. The health assessment shall be commenced as soon as practicable after each facility is proposed for inclusion on the National Priorities List and shall be completed not later than the date of issuance of a remedial investigation and feasibility study for the facility to allow full consideration in selecting the remedial action of the public health implications of any release.''. (2) By amending subparagraph (D) to read as follows: ``(D)(i) The Administrator and the Administrator of ATSDR shall develop strategies to obtain relevant on-site and off-site characterization data for use in a health assessment. The Administrator shall, to the maximum extent practicable, provide the Administrator of ATSDR with the data and information necessary to make health assessments sufficiently prior to the initiation of remedial actions to allow ATSDR to complete these assessments. Where deemed appropriate, the Administrator of ATSDR shall provide to the Administrator as soon as practicable after site discovery, recommendations for sampling environmental media for hazardous substances of public health concern. To the extent feasible, the Administrator shall incorporate such recommendations into its site investigation activities. ``(ii) In order to improve community involvement in health assessments, the Administrator of ATSDR shall carry out each of the following duties: ``(I) The Administrator of ATSDR shall actively collect data from residents of affected communities and from other sources in communities affected or potentially affected by releases of hazardous substances, pollutants, or contaminants regarding exposure, relevant human activities, and other factors. ``(II) The Administrator of ATSDR shall design health assessments that take into account the needs and conditions of the affected community. Community-based research models, building links to local expertise, and local health resources should be used. Each affected community shall be permitted to play an active and early role in reviewing health assessment designs. In preparing such designs, emphasis shall be placed on collection of actual exposure data and sources of multiple exposure shall be considered.''. SEC. 3. HEALTH STUDIES. Subparagraph (A) of section 104(i)(7) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(7)) is amended to read as follows: ``(A) Whenever in the judgment of the Administrator of ATSDR it is appropriate on the basis of the results of a health assessment or on the basis of other appropriate information, the Administrator of ATSDR shall conduct a human health study of exposure or other health effects for selected groups or individuals in order to determine the desirability of conducting full scale epidemiologic or other health studies of the entire exposed population.''. SEC. 4. DISTRIBUTION OF MATERIALS TO HEALTH PROFESSIONALS AND MEDICAL CENTERS. Paragraph (14) of section 104(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)) is amended to read as follows: ``(14) In implementing this subsection and other health-related provisions of this Act in cooperation with the States, the Administrator of ATSDR shall-- ``(A) assemble, develop as necessary, and distribute to the States, medical colleges, physicians, nursing institutions, nurses, and other health professionals and medical centers, appropriate educational materials (including short courses) on the medical surveillance, screening, and methods of prevention, diagnosis, and treatment of injury or disease related to exposure to hazardous substances (giving priority to those listed in paragraph (2)), through means the Administrator of ATSDR considers appropriate; and ``(B) assemble, develop as necessary, and distribute to the general public and to at-risk populations appropriate educational materials and other information on human health effects of hazardous substances.''. SEC. 5. GRANT AWARDS, CONTRACTS, AND COMMUNITY ASSISTANCE ACTIVITIES. Section 104(i)(15) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 6904(i)(15)) is amended as follows: (1) By inserting ``(A)'' before ``The activities''. (2) In the first sentence, by striking ``cooperative agreements with States (or political subdivisions thereof)'' and inserting ``grants, cooperative agreements, or contracts with States (or political subdivisions thereof), other appropriate public authorities, public or private institutions, colleges, universities, and professional associations giving consideration to those colleges and universities that are historically black colleges and universities and to other educational institutions that primarily serve minorities or represent the interests of affected communities''. (3) By adding at the end the following new subparagraphs: ``(B) When a health assessment is conducted at a facility on the National Priorities List, or a release is being evaluated for inclusion on the National Priorities List, the Administrator of ATSDR may provide the assistance specified in this paragraph to public or private nonprofit entities, individuals, and community-based groups that may be affected by the release or threatened release of hazardous substances in the environment. ``(C) The Administrator of the Agency for Toxic Substances and Disease Registry, pursuant to the grants, cooperative agreements and contracts referred to in this paragraph, is authorized and directed to provide, where appropriate, health services to communities affected by the release of hazardous substances. Such health services may include diagnostic services, specialized treatment, health data registries and preventative public health education.''. SEC. 6. PUBLIC HEALTH RECOMMENDATIONS IN REMEDIAL ACTIONS. Section 121(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(c)) is amended in the first sentence by inserting after ``remedial action'' the second time it appears the following: ``, including public health recommendations and decisions resulting from activities under section 104(i),''.

Superfund Site Public Health Improvement Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include U.S. Government facilities on the National Priorities List (NPL) among those requiring a health assessment by the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR). Requires all health assessments to be commenced as soon as practicable after proposal for inclusion on the NPL and to be completed no later than the date of issuance of a remedial investigation and feasibility study. Directs the Administrator of the Environmental Protection Agency (EPA) and the ATSDR Administrator to develop strategies to obtain characterization data for use in health assessments. Requires the EPA Administrator to provide data sufficiently prior to initiation of remedial actions to allow ATSDR to complete its assessments and requires the ATSDR Administrator, where appropriate, to provide EPA as soon as practicable after site discovery with recommendations for sampling environmental media for hazardous substances of public health concern. Directs the ATSDR Administrator to improve community involvement in health assessments by: (1) collecting data from residents of affected communities and other sources in communities affected or potentially affected by hazardous substances, pollutants, or contaminants; and (2) designing assessments that take into account the needs and conditions of the community and permitting affected communities to play an active and early role in reviewing assessment designs. Directs the ATSDR Administrator to include other appropriate information (in addition to health assessment results) as a basis for conducting human health studies of exposure or other health effects in order to determine whether to conduct full-scale epidemiological or other health studies of the exposed population. Revises provisions regarding distribution by ATSDR of educational materials concerning hazardous substance exposure to health professionals and medical centers to: (1) include nursing institutions and nurses as recipients of such materials; (2) add materials on methods of prevention; and (3) require distribution to the general public and at-risk populations of such materials and other information. Authorizes the ATSDR Administrator, in addition to using cooperative agreements, to carry out activities through grants to or contracts with States and political subdivisions, other public authorities, institutions, colleges, universities, and professional associations, giving consideration to historically black colleges and other educational institutions that primarily serve minorities or represent the interests of affected communities. Authorizes assistance, when a health assessment is conducted at a facility on the NPL or a release is being evaluated for inclusion on such list, to public and nonprofit entities, individuals, and community-based groups that may be affected by the release or threatened release. Authorizes and directs the provision of health services to affected communities. Requires the President to add to the review at least every five years of remedial actions that result in a site remaining contaminated a review of public health recommendations and decisions resulting from ATSDR activities.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare+Choice Improvement and Stabilization Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Payment reforms for 2003. Sec. 3. Change in Medicare+Choice reporting deadlines and annual, coordinated election period and delay in lock-in provisions. Sec. 4. Avoiding duplicative State regulation. Sec. 5. Demonstration projects for preferred provider organizations, point-of-service plans, MSA plans, and disease management programs. Sec. 6. Suspension of limitation for program reentry for 2003 and 2004. Sec. 7. Specialized Medicare+Choice plans for special needs beneficiaries. SEC. 2. PAYMENT REFORMS FOR 2003. (a) Payment Based on 100 Percent of Fee-for-Service Costs.-- (1) In general.--Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)) is amended by adding at the end the following: ``(D) Based on 100 percent of fee-for-service costs for 2003.--For 2003 only, the adjusted average per capita cost for that year, determined under section 1876(a)(4) for the Medicare+Choice payment area for services covered under parts A and B for individuals entitled to benefits under part A and enrolled under part B who are not enrolled in a Medicare+Choice plan under this part for the year, subject to the same adjustment as is provided to the annual per capita rate payment under paragraph (3)(B).''. (2) Conforming amendment.--Such section is further amended in the matter before subparagraph (A), by striking ``or (C)'' and inserting ``(C), or (D)''. (b) Revision of National Average Used in Calculation of Blend.-- Section 1853(c)(4)(B)(i)(II) of such Act (42 U.S.C. 1395w- 23(c)(4)(B)(i)(II)) is amended by inserting ``who (with respect to determinations for 2003) are enrolled in a Medicare+Choice plan'' after ``the average number of medicare beneficiaries''. (c) Elimination of Budget Neutrality.--Section 1853(c) of such Act (42 U.S.C. 1395w-23(c)) is amended-- (1) in paragraph (1)(A), by inserting ``(for a year other than 2003)'' after ``multiplied''; and (2) in paragraph (5), by inserting ``(other than 2003)'' after ``for each year''. SEC. 3. CHANGE IN MEDICARE+CHOICE REPORTING DEADLINES AND ANNUAL, COORDINATED ELECTION PERIOD AND DELAY IN LOCK-IN PROVISIONS. (a) Change in Reporting Deadline.--Section 1854(a)(1) of the Social Security Act (42 U.S.C. 1395w-24(a)(1)) is amended by striking ``July 1'' and inserting ``the third Monday in September''. (b) Delay in Annual, Coordinated Election Period.--Section 1851(e)(3)(B) of such Act (42 U.S.C. 1395w-21(e)(3)(B)) is amended by striking ``(beginning with 2000), the month of November before such year'' and inserting ``, the period beginning on November 15 and ending on December 31 of the year before such year''. (c) 1-Year Delay in Lock-In.--Section 1851(e) of such Act (42 U.S.C. 1395w-21(e)) is amended-- (1) in paragraph (2)(A)-- (A) by striking ``and 2001,'' and inserting ``, 2001, and 2002''; and (B) in the heading, by striking ``2001'' and inserting ``2002''; (2) in paragraph (2)(B)-- (A) in clause (i), by striking ``2002'' each place it appears and inserting ``2003''; and (B) in the heading that precedes clause (i), by striking ``2002'' and inserting ``2003''; (3) in paragraph (2)(C)(i), by striking ``2002'' each place it appears and inserting ``2003''; and (4) in paragraph (4)-- (A) in the matter preceding subparagraph (A), by striking ``2002'' and inserting ``2003''; and (B) in the second sentence, by striking ``2002'' and inserting ``2003''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2002. SEC. 4. AVOIDING DUPLICATIVE STATE REGULATION. (a) In General.--Section 1856(b)(3) of the Social Security Act (42 U.S.C. 1395w-26(b)(3)) is amended to read as follows: ``(3) Relation to state laws.--The standards established under this subsection shall supersede any State law or regulation (other than State licensing laws or State laws relating to plan solvency) with respect to Medicare+Choice plans which are offered by Medicare+Choice organizations under this part.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 5. DEMONSTRATION PROJECTS FOR PREFERRED PROVIDER ORGANIZATIONS, POINT-OF-SERVICE PLANS, MSA PLANS, AND DISEASE MANAGEMENT PROGRAMS. (a) In General.--The Secretary of Health and Human Services shall conduct a demonstration program (in this section referred to as the ``demonstration program'') under which payment rules to Medicare+Choice organizations under section 1853 of the Social Security Act are modified in order to promote the offering of Medicare+Choice plans by preferred provider organizations under the Medicare+Choice program, the offering of Medicare+Choice plans that provide point-of-service coverage for other than participating providers, and the offering of MSA plans and to promote the use of disease management programs by Medicare+Choice plans. (b) Projects.--Under the demonstration program, the Secretary shall provide for 10 demonstration projects. Each project shall extend over a period of not to exceed 3 years. Of the demonstration projects conducted under the demonstration, to the extent feasible, at least one such project shall promote the offering of a Medicare+Choice plan by a preferred provider organization, at least one project shall promote the offering of a Medicare+Choice plan that provides point-of-service coverage for other than participating providers, and at least two projects shall promote the offering of a MSA plan. (c) Risk-Sharing Arrangements.--Under the demonstration program, the Secretary may provide for the assumption of portions of the financial risk under a split or partial risk-sharing arrangement. (d) Waiver Authority.--The Secretary is authorized to waive such provisions of section 1853 of the Social Security Act (and related provisions of part C of title XVIII of such Act) as the Secretary determines to be necessary to conduct the demonstration program under this section. (e) Evaluation and Report.-- (1) Evaluation.--The Secretary shall provide for an evaluation of the demonstration program conducted under this section and its impact on enrollment, particularly in areas not previously served by Medicare+Choice plans. (2) Report.--The Secretary shall submit to Congress a report on the demonstration program and its evaluation. Such report shall include an assessment of the costs and savings to the medicare program as a result of the demonstration program and may include such recommendations for changes in the Medicare+Choice program as the Secretary deems appropriate. SEC. 6. SUSPENSION OF LIMITATION FOR PROGRAM REENTRY FOR 2003 AND 2004. Section 1857(c)(4) of the Social Security Act (42 U.S.C. 1395w- 27(c)(4)) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (2) by adding at the end the following new subparagraph: ``(C) Applicability in certain years.--Subparagraph (A) shall not apply for contracts entered into for contract year 2003 or 2004.''. SEC. 7. SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS BENEFICIARIES. (a) Treatment as Coordinated Care Plan.--Section 1851(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-21(a)(2)(A)) is amended by adding at the end the following new sentence: ``Specialized Medicare+Choice plans for special needs beneficiaries (as defined in section 1859(b)(4)) may be any type of coordinated care plan.''. (b) Specialized Medicare+Choice Plan for Special Needs Beneficiaries Defined.--Section 1859(b) of such Act (42 U.S.C. 1395w- 29(b)) is amended by adding at the end the following new paragraph: ``(4) Specialized medicare+choice plans for special needs beneficiaries.-- ``(A) In general.--The term `specialized Medicare+Choice plan for special needs beneficiaries' means a Medicare+Choice plan that exclusively serves special needs beneficiaries (as defined in subparagraph (B)). ``(B) Special needs beneficiary.--The term `special needs beneficiary' means a Medicare+Choice eligible individual who-- ``(i) is institutionalized (as defined by the Secretary); ``(ii) is entitled to medical assistance under a State plan under title XIX; or ``(iii) meets such requirements as the Secretary may determine would benefit from enrollment in such a specialized Medicare+Choice plan described in subparagraph (A) for individuals with severe or disabling chronic conditions.''. (c) Restriction on Enrollment Permitted.--Section 1859 of such Act (42 U.S.C. 1395w-29) is amended by adding at the end the following new subsection: ``(f) Restriction on Enrollment for Specialized Medicare+Choice Plans for Special Needs Beneficiaries.--In the case of a specialized Medicare+Choice plan (as defined in subsection (b)(4)), notwithstanding any other provision of this part and in accordance with regulations of the Secretary and for periods before January 1, 2007, the plan may restrict the enrollment of individuals under the plan to individuals who are within one or more classes of special needs beneficiaries.''. (d) Report to Congress.--Not later than December 31, 2005, the Secretary of Health and Human Services shall submit to Congress a report that assesses the impact of specialized Medicare+Choice plans for special needs beneficiaries on the cost and quality of services provided to enrollees. Such report shall include an assessment of the costs and savings to the medicare program as a result of amendments made by subsections (a), (b), and (c). (e) Effective Dates.-- (1) In general.--The amendments made by subsections (a), (b), and (c) shall take effect upon the date of the enactment of this Act. (2) Deadline for issuance of requirements for special needs beneficiaries; transition.--No later than September 1, 2002, the Secretary of Health and Human Services shall issue final regulations to establish requirements for special needs beneficiaries under section 1859(b)(4)(B)(iii) of the Social Security Act, as added by subsection (b). (f) Extension of Municipal Health Service Demonstration Projects.-- The last sentence of section 9215(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (42 U.S.C. 1395b-1 note), as previously amended, is amended by striking ``December 31, 2004, but only with respect to'' and all that follows and inserting ``December 31, 2009, but only with respect to individuals who reside in the city in which the project is operated and so long as the total number of individuals participating in the project does not exceed the number of such individuals participating as of January 1, 1996.''.

Medicare+Choice Improvement and Stabilization Act of 2001 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to make each annual Medicare+Choice capitation rate for a Medicare+Choice payment area for a contract year equal to the largest of the amounts specified under current law or, for 2003, 100 percent of the fee-for-service costs for the Medicare+Choice payment area for services covered under Medicare parts A (Hospital Insurance) or B (Supplementary Medical Insurance) for individuals entitled to benefits under part A and enrolled under part B who are not enrolled in a Medicare+Choice plan under this part for the year.Revises the calculation of the national standardized annual Medicare+Choice capitation rate used in determining the input-price-adjusted annual national Medicare+Choice capitation rate for a Medicare+Choice payment area for calculation of annual Medicare+Choice capitation rates for 2003.Eliminates budget neutrality in such calculation for a year other than 2003. Modifies requirements for establishment of standards (other than solvency standards) for provider-sponsored organizations for Medicare+Choice organizations and plans in relation to State laws to avoid duplicative State regulation.Directs the Secretary of Health and Human Services to conduct a demonstration program under which payment rules for Medicare+Choice organizations are modified in order to promote: (1) the offering of Medicare+Choice plans by preferred provider organizations, of Medicare+Choice plans that provide point-of-sale coverage for other than participating providers, and of MSA plans: and (2) the use of disease management programs by Medicare+Choice plans.Amends SSA title XVII part C to: (1) suspend the limitation for program reentry for Medicare+Choice organizations for 2003 and 2004; and (2) set forth rules governing specialized Medicare+Choice plans for special needs beneficiaries.Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for extension of municipal health service demonstration projects.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Loss Prevention Act''. SEC. 2. ENERGY AUDIT REQUIREMENT FOR SINGLE-FAMILY AND MULTIFAMILY HOUSING PURCHASED USING A FEDERALLY RELATED HOUSING LOAN. (a) Requirements.--Except as provided in subsection (d) and section 3, a seller of single-family or multifamily housing that will be purchased with the assistance of a federally related housing loan may not sell such housing, unless-- (1) not less than 5 years before the time of sale of the housing, an energy audit meeting the requirements of subsection (b) is conducted with respect to such housing; (2) the seller provides the purchaser a copy of the results of the energy audit referred to in paragraph (1); and (3) the results of the energy audit referred to in paragraph (1) are submitted to the Secretary of Housing and Urban Development. (b) Energy Audit.--An energy audit meets the requirements under this subsection only if-- (1) the audit is conducted by a home energy auditor or equivalent, as determined by the Secretary; (2) the results of the audit are recorded using energy audit and disclosure forms prescribed by regulation by the Secretary for single-family or multifamily housing, as applicable; and (3) the results of the audit include-- (A) a standardized ratings score, based on a scoring system approved by the Secretary, in consultation with the Secretary of Energy, that allows the energy efficiency of the housing to be compared to the energy efficiency of similar housing, as determined by the Secretary; and (B) a prioritized list, based on cost-effectiveness and energy savings, of potential energy efficiency improvements for the housing. (c) Notice.--A person who accepts applications for federally related housing loans shall provide to each applicant for such a loan, at the time of such application, written notice of the following: (1) The requirements under subsection (a). (2) The exception under subsection (d) and exemption under section 3. (3) That the Department of Housing and Urban Development maintains, on an Internet website, a database containing copies of the results of energy audits conducted pursuant to this Act. (4) That the applicant for the loan may obtain, from the Department of Housing and Urban Development, copies of any energy audits with respect to the housing for which the loan application is made that have been submitted to such Department. (d) Exception for New Energy Efficient Housing.--The requirements under this section shall not apply with respect to the seller of single-family housing or multifamily housing that will be purchased with the assistance of a federally related housing loan if such housing-- (1) was constructed not more than 5 years before the time of sale involving such loan; and (2) is-- (A) Energy Star qualified; (B) certified under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the United States Green Building Council; or (C) certified under an equivalent certification system approved by the Secretary, in consultation with the Secretary of Energy. (e) Accessibility of Energy Audit Results.-- (1) Local housing offices.--The Secretary shall coordinate with appropriate local recorders of deeds (or other similar local offices responsible for maintaining records of residential real property interests and transactions) to maintain copies of the results of energy audits conducted pursuant to this Act on-file in conjunction with the deeds to such housing. (2) HUD database.--The Secretary shall establish and maintain a database containing copies of the results of energy audits conducted pursuant to this Act and ensure such database is accessible to the public on an Internet website. SEC. 3. EXEMPTION. The Secretary may grant a seller an exemption from any requirement of this Act if the Secretary determines that such requirement would, due to circumstances unique to the single-family housing or multifamily housing that will be purchased with the assistance of a federally related housing loan and not based on a condition caused by actions of the seller, cause undue hardship for the seller. An exemption granted under this section shall be limited to the minimum change necessary to avoid undue hardship. SEC. 4. CIVIL PENALTIES. In the case of any sale of single-family or multifamily housing involving a federally related housing loan in violation of section 2 of this Act, the Secretary shall assess a civil money penalty against the seller in an amount not to exceed 20 percent of the sale price of such housing for which such loan is made. SEC. 5. HOME ENERGY LOSS PREVENTION FUND AND FEE. (a) Fee.--The Secretary shall assess persons that make federally related housing loans a fee for each such loan made, in an amount to be determined by the Secretary, but not more than necessary to pay costs incurred in carrying out the responsibilities of the Department of Housing and Urban Development under this Act. The Secretary shall collect and deposit such fees in the Home Energy Loss Prevention Fund established under subsection (b)(1) for use in accordance with this section. (b) Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Home Energy Loss Prevention Fund'', consisting of-- (A) amounts collected as fees assessed under subsection (a); and (B) any interest earned on investment of amounts in the Home Energy Loss Prevention Fund credited to the Fund under paragraph (2)(B). (2) Investment of amounts.-- (A) In general.--The Secretary of the Treasury shall invest such portion of the Home Energy Loss Prevention Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest- bearing obligations of the United States. (B) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Home Energy Loss Prevention Fund shall be credited to the Fund. (3) Use of amounts in the fund.--To the extent provided in advance in appropriations Acts, amounts in the Home Energy Loss Prevention Fund shall be made available to the Secretary without fiscal year limitation to carry out the responsibilities of the Department of Housing and Urban Development under this Act. SEC. 6. REGULATIONS AND EFFECTIVE DATE. (a) Regulations.--Not later than one year after the date of enactment of this Act, the Secretary shall promulgate regulations to carry out this Act. (b) Effective Date.--The requirements under this Act shall take effect 6 months after the date regulations are promulgated pursuant to subsection (a). SEC. 7. DEFINITIONS. In this Act: (1) Energy audit.--The term ``energy audit'' has the meaning given such term in section 391(13) of the Energy Policy and Conservation Act (42 U.S.C. 6371(13)). (2) Federally related housing loan.--The term ``federally related housing loan'' means the following loans: (A) Single-family housing loans.--A federally related mortgage loan, as such term is defined in paragraph (1) of section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)). (B) Multifamily housing loans.--A loan that is described in paragraph (1) of section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)), except that for purposes of subparagraph (A) of such paragraph (1) shall be applied-- (i) by substituting ``(including condominium and cooperative projects)'' for ``(including individual units of condominiums and cooperatives)''; and (ii) by substituting ``5 or more families'' for ``from one to four families''. (3) Home energy auditor.--The term ``home energy auditor'' means a person who is certified by an agency approved by the Secretary, in consultation with the Secretary of Energy, to conduct energy audits for single-family housing or multifamily housing, as applicable. (4) Multifamily housing.--The term ``multifamily housing'' means any residential structure consisting of 5 or more dwelling units. (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (6) Single-family housing.--The term ``single-family housing'' means any residential structure consisting of 1 to 4 dwelling units. (7) Time of sale.--The term ``time of sale'' means, with respect to any single-family or multifamily housing for which a federally related housing loan is made, the date of the recording of a deed transferring legal title to real property to implement the sale of property that involved such loan.

Home Energy Loss Prevention Act - Prohibits a seller of housing that will be purchased with the assistance of a federally related housing loan from selling such housing, unless: (1) no less than five years before the sale of such housing, an energy audit is conducted; (2) the seller provides the purchaser a copy of audit results; and (3) such results are submitted to the Secretary of Housing and Urban Development (HUD). Requires such audits to be conducted by a home energy auditor or equivalent. Requires such audit results to be recorded using energy audit and disclosure forms prescribed by the Secretary and to include: (1) a standardized ratings score that allows the housing's energy efficiency to be compared to the energy efficiency of similar housing; and (2) a prioritized list, based on cost-effectiveness and energy savings, of potential energy efficiency improvements. Establishes notice requirements for persons who accept such loans. Exempts from such requirements the seller of housing that: (1) was constructed no more than five years before the time of sale; and (2) is Energy Star qualified or certified under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the United States Green Building Council or an equivalent certification system approved by the Secretary. Requires the Secretary to maintain an online, publicly accessible database containing copies of audit results. Authorizes the Secretary to grant a seller an exemption from any requirement of this Act that would cause the seller undue hardship due to circumstances unique to the housing and not based on a condition caused by the seller's actions. Requires the Secretary to assess persons that make federally related housing loans a fee for each such loan made and to deposit such fees in the Home Energy Loss Prevention Fund (established by this Act), which shall be available to the Secretary to carry out HUD's responsibilities under this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Declaration of Official Language Act of 1997''. SEC. 2. ENGLISH AS OFFICIAL LANGUAGE. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language. ``162. Preferred language of communication ``163. Preserving and enhancing the role of the official language ``164. Duties of citizenship. ``165. Reform of naturalization requirement. ``166. Exceptions. ``167. Preemption. ``168. Construction. ``169. Enforcement. ``Sec. 161. Declaration of official language ``English is the official language of the Government of the United States. ``Sec. 162. Preferred language of communication ``English is the preferred language of communication among citizens of the United States. ``Sec. 163. Preserving and enhancing the role of the official language ``The Government of the United States shall promote and support the use of English for communications among United States citizens. Communications by officers and employees of the Government of the United States with United States citizens shall be in English. ``Sec. 164. Duties of citizenship ``All United States citizens should be encouraged to read, write, and speak English to the extent of their physical and mental abilities. ``Sec. 165. Reform of naturalization requirements ``(a) It has been the long-standing national belief that full citizenship in the United States requires fluency in English. English is the language of opportunity for all immigrants to take their rightful place in American society. ``(b) The Immigration and Naturalization Service shall-- ``(1) enforce the established English language proficiency standard for all applicants for United States citizenship, and ``(2) conduct all naturalization ceremonies entirely in English. ``Sec. 166. Exceptions ``This chapter does not apply to the use of a language other than English for-- ``(1) religious purposes, ``(2) training in foreign languages for international communication, or ``(3) use of non-English terms of art in government documents. ``Sec. 167. Preemption ``This chapter preempts any State or Federal law which is inconsistent with this chapter. ``Sec. 168. Construction ``This Act is not intended to affect programs in schools designed to encourage students to learn foreign languages. ``Sec. 169. Enforcement ``(a) Cause of Action.--Whoever is injured by a violation of this chapter may, in a civil action, obtain appropriate relief. ``(b) Attorney's Fees.--In any action under this chapter, the court may allow a prevailing party, other than the United States, a reasonable attorney's fee as part of costs.''. (b) Clerical Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Government............................. 161''. (c) Repeals.--Title VII of the Elementary and Secondary Education Act of 1965 (other than sections 7201 through 7309) is repealed. SEC. 3. REPEAL OF BILINGUAL VOTING REQUIREMENTS. (a) In General.-- (1) Bilingual election requirements.-- Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. (2) Voting rights.--Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). (b) Conforming Amendments.-- (1) References to section 203.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in section 204, by striking ``or 203,''; and (B) in the first sentence of section 205, by striking ``, 202, or 203'' and inserting ``or 202''. (2) References to section 4.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, and 13, by striking ``, or in contravention of the guarantees set forth in section 4(f)(2)''; (B) in paragraphs (1)(A) and (3) of section 4(a), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2)''; and (C) in paragraphs (1)(B) and (5) of section 4(a), by striking ``or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''.

Declaration of Official Language Act of 1997 - Declares English to be the official language of the U.S. Government. States that English is the preferred language of communication among U.S. citizens. Requires the U.S. Government to promote and support the use of English for communications among U.S. citizens. Requires communications by officers and employees of the U.S. Government with U.S. citizens to be in English. Directs the Immigration and Naturalization Service to: (1) enforce the established English language proficiency standard for all applicants for U.S. citizenship; and (2) conduct all naturalization ceremonies entirely in English. Allows anyone injured by a violation of such provisions to obtain appropriate relief in a civil action. Authorizes the court in any such action to allow a prevailing party, other than the U.S. Government, a reasonable attorney's fee as part of costs. Repeals the Bilingual Education Act (title VII of the Elementary and Secondary Education Act of 1965). Amends the Voting Rights Act of 1965 to repeal bilingual voting requirements.

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<greek-th> x SECTION 1. SHORT TITLE.<greek-th> x This Act may be cited as the ``Sexual Assault Prosecution Act of 2002''.<greek-th> x SEC. 2. SEXUAL OFFENSE LIMITATION.<greek-th> x (a) In General.--Chapter 213 of title 18, United States Code, is amended--<greek-th> x (1) in section 3283, by striking ``sexual or''; and<greek-th> x (2) by adding at the end the following:<greek-th> x ``Sec. 1A3296. Sexual offenses<greek-th> x ``An indictment for any offense committed in violation of chapter 109A of this title may be found at any time without limitation.''.<greek-th> x (b) Technical and Conforming Amendments.--The table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following:<greek-th> x <greek-th><greek-e>``3296. Sexual offenses.''.<greek-th><greek-e><greek-th> x SEC. 3. AWARDS TO STATES TO REDUCE DNA CASEWORK BACKLOG.<greek-th> x (a) Development of Plan.--<greek-th> x (1) In general.--Not later than 45 days after the date of enactment of this Act, the Director of the Federal Bureau of Investigation, in coordination with the Assistant Attorney General of the Office of Justice Programs of the Department of Justice, and after consultation with representatives of States and private forensic laboratories, shall develop a plan to grant voluntary awards to States to facilitate DNA analysis of all casework evidence of unsolved crimes.<greek-th> x (2) Objective.--The objective of the plan developed under paragraph (1) shall be to--<greek-th> x (A) effectively expedite the analysis of all casework evidence of unsolved crimes in an efficient and effective manner; and<greek-th> x (B) provide for the entry of DNA profiles into the combined DNA Indexing System (``CODIS'').<greek-th> x (b) Award Criteria.--The Federal Bureau of Investigation, in coordination with the Assistant Attorney General of the Office of Justice Programs of the Department of Justice, shall develop criteria for the granting of awards under this section including--<greek-th> x (1) the number of unsolved crimes awaiting DNA analysis in the State that is applying for an award under this section; and<greek-th> x (2) the development of a comprehensive plan to collect and analyze DNA evidence by the State that is applying for an award under this section.<greek-th> x (c) Granting of Awards.--The Federal Bureau of Investigation, in coordination with the Assistant Attorney General of the Office of Justice Programs of the Department of Justice, shall--<greek-th> x (1) develop applications for awards to be granted to States under this section;<greek-th> x (2) consider all applications submitted by States; and<greek-th> x (3) disburse all awards under this section.<greek-th> x (d) Award Conditions.--States receiving awards under this section shall--<greek-th> x (1) require that each laboratory performing DNA analysis satisfies quality assurance standards and utilizes state-of- the-art DNA testing methods, as set forth by the Federal Bureau of Investigation in coordination with the Assistant Attorney General of the Office of Justice Programs of the Department of Justice;<greek-th> x (2) ensure that each DNA sample collected and analyzed be made available only--<greek-th> x (A) to criminal justice agencies for law enforcement purposes;<greek-th> x (B) in judicial proceedings if otherwise admissible;<greek-th> x (C) for criminal defense purposes, to a criminal defendant who shall have access to samples and analyses performed in connection with any case in which such defendant is charged; or <greek-th> x (D) if personally identifiable information is removed, for--<greek-th> x (i) a population statistics database;<greek-th> x (ii) identification research and protocol development purposes; or <greek-th> x (iii) quality control purposes; and<greek-th> x (3) match the award by spending 15 percent of the amount of the award in State funds to facilitate DNA analysis of all casework evidence of unsolved crimes.<greek-th> x (e) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice $15,000,000 for each of fiscal years 2003 through 2006, for awards to be granted under this section.<greek-th> x 08

Sexual Assault Prosecution Act of 2002 - Amends the Federal criminal code to remove any statute of limitations on indictments for sexual offenses.Requires the Director of the Federal Bureau of Investigation (FBI) to develop a plan to grant voluntary awards to States to facilitate deoxyribonucleic acid (DNA) analysis of all casework evidence of unsolved crimes, with the objective of effectively expediting the analysis of all such evidence in an efficient and effective manner and to provide for the entry of DNA profiles into the Combined DNA Indexing System. Directs the FBI to develop grant criteria, including: (1) the number of unsolved crimes awaiting DNA analysis; and (2) the development of a comprehensive plan to collect and analyze DNA evidence. Sets forth award conditions regarding quality assurance standards, DNA sample and analysis availability, and a 15 percent matching requirement.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``The Small Watershed Rehabilitation Amendments of 1998''. SEC. 2. REHABILITATION OF WATER RESOURCE STRUCTURAL MEASURES CONSTRUCTED UNDER CERTAIN DEPARTMENT OF AGRICULTURE PROGRAMS. The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) is amended by adding at the end the following new section: ``SEC. 14. REHABILITATION OF STRUCTURAL MEASURES NEAR, AT, OR PAST THEIR EVALUATED LIFE EXPECTANCY. ``(a) Definitions.--For purposes of this section: ``(1) Rehabilitation.--The term `rehabilitation', with respect to a structural measure constructed as part of a covered water resource project, means the completion of all work necessary to extend the service life of the structural measure and meet applicable safety and performance standards. This may include (A) protecting the integrity of the structural measure, or prolonging the useful life of the structural measure, beyond the original evaluated life expectancy, (B) correcting damage to the structural measure from a catastrophic event, (C) correcting the deterioration of structural components that are deteriorating at an abnormal rate, or (D) upgrading the structural measure to meet changed land use conditions in the watershed served by the structural measure or changed safety criteria applicable to the structural measure. ``(2) Covered water resource project.--The term `covered water resource project' means a work of improvement carried out under any of the following: ``(A) This Act. ``(B) Section 13 of the Act of December 22, 1944 (Public Law 78-534; 58 Stat. 905). ``(C) The pilot watershed program authorized under the heading `Flood Prevention' of the Department of Agriculture Appropriation Act, 1954 (Public Law 156; 67 Stat. 214). ``(D) Subtitle H of title XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451 et seq.; commonly known as the Resource Conservation and Development Program). ``(3) Eligible local organization.--The term `eligible local organization' means a local organization or appropriate State agency responsible for the operation and maintenance of structural measures constructed as part of a covered water resource project. ``(4) Structural measure.--The term ``structural measure'' means a physical improvement that impounds water and was constructed as part of a covered water resource project. ``(b) Cost Share Assistance For Rehabilitation.-- ``(1) Amount and use.--The Secretary may provide financial assistance to an eligible local organization to assist the local organization with the rehabilitation of structural measures originally constructed as part of a covered water resource project. The amount of the financial assistance for a particular rehabilitation project may not exceed 65 percent of the total rehabilitation costs for the structural measures included in the rehabilitation project. The total costs of rehabilitation may include financial assistance to pay for costs associated with the rehabilitation project, including land, easements, and rights-of-ways costs, costs of water, mineral and other resource rights, rehabilitation project administration, and contracting. ``(2) Relation to land use and development regulations.--As a condition on entering into an agreement to provide financial assistance under this subsection, the Secretary, working in concert with the eligible local organization, may require that proper zoning or other developmental regulations are in place in the watershed in which the structural measures to be rehabilitated under the agreement are located so that-- ``(A) the completed rehabilitation project is not quickly rendered inadequate by additional development; and ``(B) society can realize the full benefits of the rehabilitation investment. ``(c) Technical Assistance For Watershed Project Rehabilitation.-- The Secretary may provide technical assistance in planning, designing, and implementing rehabilitation projects should an eligible local organization request such assistance. Such assistance may consist of specialists in such fields as engineering, geology, soils, agronomy, biology, hydraulics, hydrology, economics, water quality, and contract administration. ``(d) Prohibited Use.-- ``(1) Performance of operation and maintenance.-- Rehabilitation assistance provided under this section may not be used to perform operation and maintenance activities specified in the agreement for the covered water resource project entered into between the Secretary and the eligible local organization responsible for the works of improvement. Such operation and maintenance activities shall remain the responsibility of the local organization, as provided in the project work plan. ``(2) Renegotiation.--Notwithstanding paragraph (1), as part of the provision of financial assistance under subsection (b), the Secretary may renegotiate the original agreement for the covered water resource project entered into between the Secretary and the eligible local organization regarding responsibility for the operation and maintenance of the project. ``(e) Application For Rehabilitation Assistance.--An eligible local organization may apply to the Secretary for technical and financial assistance under this section if the application has also been submitted to and approved by the State agency having supervisory responsibility over the covered water resource project at issue or, if there is no State agency having such responsibility, by the Governor of the State. The Secretary shall request the State dam safety officer (or equivalent State official) to be involved in the application process if State permits or approvals are required. The rehabilitation of structural measures shall meet standards established by the Secretary and address other dam safety issues. Personnel of the Natural Resources Conservation Service of the Department of Agriculture shall assist in preparing applications for assistance. ``(f) Justification For Rehabilitation Assistance.--In order to qualify for technical or financial assistance under this authority, the Secretary shall require the rehabilitation project to be performed in the most cost-effective manner that accomplishes the rehabilitation objective. Since the requirements for accomplishing the rehabilitation are generally for public health and safety reasons, in many instances being mandated by other State or Federal laws, benefit-cost analysis and a positive benefit cost-ratio will not be required. The benefits of and the requirements for the rehabilitation project shall be documented to ensure the wise and responsible use of Federal funds. ``(g) Ranking of Requests For Rehabilitation Assistance.--The Secretary shall establish such system of approving rehabilitation requests, recognizing that such requests will be received throughout the fiscal year and subject to the availability of funds to carry out this section, as is necessary for proper administration by the Department of Agriculture and equitable for all eligible local organizations. The approval process shall be in writing, and made known to all eligible local organizations and appropriate State agencies. ``(h) Authorization of Appropriations.--There are authorized to be appropriated $60,000,000 for each of the fiscal years 1999 through 2008 to carry out this section. ``(i) Assessment of Rehabilitation Needs.--Of the amount appropriated pursuant to subsection (h) for both fiscal year 1999 and 2000, $5,000,000 shall be used by the Secretary, in concert with the responsible State agencies, to conduct an assessment of the rehabilitation needs of covered water resource projects in all States in which such projects are located. ``(j) Reports.--The Secretary shall submit an annual report to Congress providing the status of activities conducted under this section. An eligible local organization that receives rehabilitation assistance shall make an annual report to the Secretary giving the status of any rehabilitation effort undertaken using financial assistance provided under this section.''.

Small Watershed Rehabilitation Amendments of 1998 - Amends the Watershed Protection and Flood Prevention Act to authorize the Secretary of Agriculture to provide financial assistance to an eligible local organization for the rehabilitation of structural measures originally constructed as part of a covered water resource project. Limits the amount of such assistance to 65 percent of total rehabilitation costs. Authorizes the Secretary to provide technical assistance to a requesting organization in planning, designing, and implementing rehabilitation projects. Prohibits any assistance authorized under this Act from being used to perform operation and maintenance activities. Outlines assistance application requirements. Directs the Secretary to establish a system of approving rehabilitation assistance requests from eligible organizations equitably. Authorizes appropriations for FY 1999 through 2008. Earmarks funds authorized for the first two fiscal years for an assessment by the Secretary of the rehabilitation needs of covered projects.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sound Science Saves Species Act of 2002''. SEC. 2. AMENDMENT OF ENDANGERED SPECIES ACT OF 1973. 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 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 3. IMPROVING THE SCIENCE USED IN IMPLEMENTING ENDANGERED SPECIES ACT OF 1973. (a) Contents of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following: ``(E) A petition referred to in subparagraph (A) shall contain each of the following: ``(i) Clear and convincing evidence of each of the following: ``(I) The known and historic ranges of the species. ``(II) The most recent population estimates and trends. ``(III) The reason that the petitioned action is warranted, including known or perceived threats to the species. ``(IV) The population of the species is declining or has declined from historic population levels and beyond normal population fluctuations for the species. ``(V) Any other information that the petitioner considers appropriate. ``(ii) A bibliography of scientific literature on the species in support of the petition. ``(iii) A description of all available data on the historical and current range, population, and distribution of the species, an explanation of the methodology used to collect the data, and an identification of the location where the data can be reviewed.''. (b) Notice of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is amended by striking ``(3)(A)'' and inserting the following: ``(3)(A)(i) Within 30 days after receiving a petition from an interested person under section 553(e) of title 5, United States Code, to add a species to, or to remove a species from, either list published under subsection (c), the Secretary shall-- ``(I) publish in the Federal Register a notice indicating receipt of such petition and inviting interested persons to submit any relevant scientific information regarding the status of the species concerned; ``(II) promptly publish the petition on the Internet website of the United States Fish and Wildlife Service; ``(III) provide notice of such receipt to each private owner of land or water on or in which the species may exist by publication of such notice in an appropriate newspaper of general circulation, except that such notice shall be provided directly to each such owner if the number of such owners is 100 or less; and ``(IV) notify the Governor of each State that could be affected by the petition. ``(ii)''. (c) Independent Review of Petitions and Findings Regarding Petitions.--Section 4(b) (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9)(A)(i) After the Secretary makes a finding under paragraph (3)(A) the Secretary shall appoint and convene an independent review board to conduct an independent scientific review of the data included in the petition. ``(ii) Within 60 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions in the petition relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the petition. ``(II) Whether the methodology and analysis supporting the petition meet the standards of the academic and scientific community. ``(III) Whether the petition is supported by clear and convincing evidence/provides clear and convincing evidence that the petitioned action may be warranted? see section 4(b)(3)(B) of ESA. ``(IV) Whether the review board concurs in the finding of the Secretary under paragraph (3)(A). ``(B)(i) If, within 30 days after the Secretary publishes a finding under paragraph (3)(B)(ii) or (iii), any person submits to the Secretary in writing a request for an independent scientific review of the data upon which such finding is based, the Secretary shall appoint and convene an independent review board to conduct such review. ``(ii) Within 90 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions that are the basis for the finding relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the finding. ``(II) Whether the methodology and analysis supporting the finding meet the standards of the academic and scientific community. ``(III) Whether the finding is supported by clear and convincing evidence. ``(IV) Whether the review board concurs in the finding of the Secretary under paragraph (3)(B)(ii) or (iii), as applicable. ``(C) The Secretary shall-- ``(i) publish in the Federal Register each finding by an independent review board under subparagraph (A) or (B); ``(ii) post each such finding on the Internet website of the United States Fish and Wildlife Service; and ``(iii) otherwise make each such finding available to the public. ``(D) If an independent review board finds under subparagraph (A) or (B) that it does not concur in the finding of the Secretary, the Secretary shall-- ``(i) revoke the finding of the Secretary; or ``(ii) publish in the Federal Register an explanation of why the finding of the review board is incorrect, with clear and convincing evidence supporting such explanation. ``(E) The Secretary shall-- ``(i) maintain a list of individuals who are available to participate on independent review boards under this paragraph; ``(ii) seek nominations of individuals to participate on such boards (upon appointment by the Secretary), through the Federal Register, scientific and commercial journals, and the National Academy of Sciences and other such institutions; and ``(iii) update such list every two years. ``(F)(i) An independent review board under subparagraph (A) shall be composed of 3 members, of which-- ``(I) 2 shall be appointed by the Secretary from the list under subparagraph (E); and ``(II) 1 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(ii) An independent review board under subparagraph (B) shall be composed of 5 members, of which-- ``(I) 3 shall be appointed by the Secretary from the list under subparagraph (E); and ``(II) 2 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(iii) If any individual declines appointment to an independent review board under this paragraph, the Secretary shall appoint another individual in the same manner. ``(iv) The selection of the members, and activities, of independent review boards under this paragraph is not subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(v) The identities of the members of independent review boards under this paragraph shall not be made public. ``(vi) The Secretary shall provide compensation to an individual for service as a member of an independent review board under this paragraph, at a rate equal to not to exceed the daily equivalent of the maximum annual rate of basic pay for grade GS-12 of the General Schedule for each day (including travel time) during which the individual is engaged in the actual performance of duties as a member of such board. ``(vii) In this subparagraph, the term `qualified individual' means an individual with expertise in the biological sciences-- ``(I) who is by virtue of advanced education, training, or avocational, academic, commercial, research, or other experience competent to review the adequacy of any scientific methodology supporting a finding by the Secretary and the validity of any conclusions drawn from data used to support the finding; ``(II) who is not a participant in any petition or proposed or final determination before the Secretary; ``(III) who is not, and has not been, employed by or under contract to the Secretary or the State in which is located the species that is the subject of an independent scientific review in which the individual participates, for work related to the finding or species under consideration in such review; and ``(V) who has no direct financial interest, and is not employed by any person with a direct financial interest, in the finding under consideration in such review. ``(G) The Secretary shall publish, with any final regulation implementing an action with respect to which an independent scientific review board is required under this paragraph to be convened, a summary of the report of the independent review board, noting points of disagreement between the reviewers, if any, and the response of the Secretary to the report. ``(H) The report of each independent scientific review board required under this paragraph shall be included in the official record of any regulation with respect to which the board is convened and shall be available for public review 30 days before the close of the period for comment on the regulation.''. (d) Independent Review of Jeopardy Opinions.--Section 7(b) (16 U.S.C. 1536(b)) is amended by adding at the end the following: ``(5)(A)(i) Within 30 days after the date on which the Secretary issues a statement under paragraph (3) that a proposed action is likely to jeopardize the continued existence of a species included in a list under section 4(c), any person may submit to the Secretary a written request for an independent scientific review of the scientific information used in making such statement and any reasonable and prudent measures the Secretary proposes in the statement. ``(ii) Promptly after receiving such a request, the Secretary shall appoint and convene an independent review board to conduct such an independent scientific review. ``(B) Within 90 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions in such statement relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the statement. ``(II) Whether the methodology and analysis supporting the statement meet the standards of the academic and scientific community. ``(III) Whether the statement is supported by clear and convincing evidence. ``(IV) Whether the review board concurs in the statement. ``(C) The Secretary shall-- ``(i) publish in the Federal Register each finding by an independent review board under subparagraph (A) or (B); ``(ii) post each such finding on the Internet website of the United States Fish and Wildlife Service; and ``(iii) otherwise make each such finding available to the public. ``(D) If an independent review board finds under subparagraph (B) that it does not concur in the statement of the Secretary, the Secretary shall-- ``(i) revoke the statement; or ``(ii) publish in the Federal Register an explanation of why the finding of the review board is incorrect, with clear and convincing evidence supporting such explanation. ``(E) The Secretary shall-- ``(i) maintain a list of individuals who are available to participate on independent review boards under this paragraph; ``(ii) seek nominations of individuals to participate on such boards (upon appointment by the Secretary), through the Federal Register, scientific and commercial journals, and the National Academy of Sciences and other such institutions; and ``(iii) update such list every two years. ``(F)(i) An independent review board under subparagraph (A) shall be composed of 5 members, of which-- ``(I) 3 shall be appointed by the Secretary from the list under subparagraph (E); and ``(II) 2 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(ii) If any individual declines appointment to an independent review board under this paragraph, the Secretary shall appoint another individual in the same manner. ``(iii) The selection of the members, and activities, of independent review boards under this paragraph is not subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(iv) The identities of the members of independent review boards under this paragraph shall not be made public. ``(v) The Secretary shall provide compensation to an individual for service as a member of an independent review board under this paragraph, at a rate equal to not to exceed the daily equivalent of the maximum annual rate of basic pay for grade GS-12 of the General Schedule level for each day (including travel time) during which the individual is engaged in the actual performance of duties as a member of such board. ``(vi) In this subparagraph, the term `qualified individual' means an individual with expertise in the biological sciences-- ``(I) who is by virtue of advanced education, training, or avocational, academic, commercial, research, or other experience competent to review the adequacy of any scientific methodology supporting a statement by the Secretary and the validity of any conclusions drawn from data used to support the statement; ``(II) who is not a participant in any petition or proposed or final determination before the Secretary; ``(III) who is not, and has not been, employed by or under contract to the Secretary or the State in which is located the species that is the subject of an independent scientific review in which the individual participates, for work related to a statement or species under consideration in such review; and ``(V) who has no direct financial interest, and is not employed by any person with a direct financial interest, in any statement under consideration in such review.''. ``(G) The Secretary shall publish, with any final regulation implementing an action with respect to which an independent scientific review board is required under this paragraph to be convened, a summary of the report of the independent review board, noting points of disagreement between the reviewers, if any, and the response of the Secretary to the report. ``(H) The report of each independent scientific review board required under this paragraph shall be included in the official record of any regulation with respect to which the board is convened and shall be available for public review 30 days before the close of the period for comment on the regulation.''. (e) Limitation on Re-Petition.--Secretary 4(b)(3) (16 U.S.C. 1533(b)(3)) is further amended by adding at the end the following: ``(G) If the Secretary determines pursuant to a petition that addition of a species to either of the lists under subsection (c) is not warranted, another petition regarding that species may not be considered by the Secretary for one year.''.

Sound Science Saves Species Act of 2002 - Amends the Endangered Species Act of 1973 to require a petition to add or remove a species from either the endangered or threatened species list to contain: (1) evidence of the species' known and historic ranges, the most recent population estimates and trends, and the reason that the petitioned action is warranted, including known or perceived threats; (2) a bibliography of scientific literature on the species; and (3) a description of all available data on the species' historical and current range, population, and distribution, an explanation of the methodology used to collect such data, and an identification of the location where it can be reviewed.Requires the Secretary to make specified notifications after receiving such a petition.Sets forth requirements for the independent scientific review of petitions and findings regarding petitions and jeopardy opinions.Limits re-petitions for adding to such lists.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Discredit Eternal Listing Inequality of Species Takings Act'' or the ``DELIST Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Delhi Sands Flower-loving Fly (Rhaphiomidas terminates abdominalis) was listed as an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) on September 23, 1993 (58 Fed. Reg. 49881). (2) Nineteen years have passed since the Delhi Sands Flower-loving Fly was listed as an endangered species. (3) The Delhi Sands Flower-loving Fly's listing was based on a high degree of threat and a low potential for recovery for a listed subspecies that may be in conflict with construction or other development projects or other forms of economic activity. (4) On September 14, 1997, a recovery plan was issued for the Delhi Sands Flower-loving Fly. The plan claimed that the resolution of current population data is too poor to effectively evaluate abundance trends or population distributions due to the cryptic nature and rarity of the Delhi Sands flower-loving Fly. Thus, the recovery plan by definition could not establish delisting criteria. (5) The United States Fish and Wildlife Service's report entitled ``Delhi Sands Flower-loving Fly (Rhaphiomidas terminatus abdominalis) 5-Year Review: Summary and Evaluation'' (March 2008; referred to in this section as the ``5-year review report'') establishes that down-listing criterion 2 cannot be evaluated with current knowledge of the Delhi Sands Flower- loving Fly. (6) None of the Delhi Sands Flower-loving Fly conservation areas are currently managed to maintain perpetual sand supply. There is currently insufficient information to determine the extent or long-term importance of this impact to maintaining the dune ecosystem. (7) The cryptic nature and low density of Delhi Sands Flower-loving Fly complicate efforts to effectively monitor population abundance. (8) To date, it has proven difficult to conduct surveys that reliably quantify relevant population variables (e.g., density and relative abundance), and no populations are regularly surveyed with sufficient effort to effectively monitor population trends. (9) Public support for conservation of the sand dune system upon which the Delhi Sands Flower-loving Fly depends is limited. (10) The life history of the Delhi Sands Flower-loving Fly is largely unknown. (11) The 5-year review report asserts that the Delhi Sands Flower-loving Fly was not used to explain larval stages of such fly because the population was too low. Instead, a comparison of entomologists observed several larvae of Rhaphiomidas trochilus, and because R. trochilus is closely related to the Delhi Sands Flower-loving Fly, these observations were used to understand larval biology of the Delhi Sands Flower-loving Fly. (12) A commenter mentioned in the 5-year review report suggested that the Delhi Sands Flower-loving Fly may be non- native to the Riverside/San Bernardino area and may have been accidentally introduced by the early settlers. (13) There is no new information in the scientific literature suggesting that the range of the Delhi Sands Flower- loving Fly is more extensive than initially identified. (14) Although the area of potentially suitable habitat has expanded, no newly discovered occupied site supports a major population of the Delhi Sands Flower-loving Fly that was not known at the time of the listing. (15) Within the section of the 5-year review report relating to abundance, it stated that no clear trends emerge from the demographic data that have been generated since the listing of the Delhi Sands Flower-loving Fly. Due to the cryptic nature and rarity of the Delhi Sands flower loving fly, it is difficult to accurately estimate abundance or density for this subspecies. (16) The 5-year review report claims range-wide surveys have not been attempted due to lack of funding and issues with access to privately owned properties. (17) The 5-year review report indicated that United States Fish and Wildlife Service biologists initiated a study in 2004 designed to improve Delhi Sands Flower-loving Fly survey protocol recommendations. This study required the effort of 3 biologists working 6 days a week during the peak of the flight season, and the data were only marginally adequate to estimate abundance, density, and detection probability. This effort indicated that measurement of population demographic trends will likely require substantial effort unless new techniques prove effective. (18) Because most Delhi Sands Flower-loving Fly habitat is in private ownership and no regulations are in place to address loss of unoccupied Delhi Sands Flower-loving Fly habitat, the permanent loss of potential and restorable Delhi Sands Flower- loving Fly habitat important to recovery often proceeds. (19) Most of the existing Delhi Sands Flower-loving Fly conservation sites are likely too small and fragmented to sustain Delhi Sands Flower-loving Fly populations through time. (20) In addition, while protected from development, most of the existing conservation areas remain susceptible to invasion by nonnative grasses, off-road vehicle use, and other disturbances. (21) Most conservation areas do not have monitoring programs to track Delhi Sands flower-loving fly occupancy or habitat quality. (22) With at least 90 percent loss of historical Delhi Soils, potential and suitable Delhi Sands Flower-loving Fly habitat available for conservation and restoration is extremely limited. (23) At the time of listing in 1993, there were only five small, isolated, extant populations of Delhi Sands Flower- loving Fly. (24) The 5-year review report states that recent observations, and the continued habitat loss and fragmentation, all suggest that population sizes of the Delhi Sands Flower- loving Fly are likely to be very small. Here, it is clear that the United States Fish and Wildlife Service does not know the size of the population. It may be possible that there is no longer a population to protect. (25) It is commonly accepted in conservation biology that small populations have higher probabilities of extinction than larger populations because their low numbers make them susceptible to inbreeding, loss of genetic variation, high variability in age and sex ratios, demographic stochasticity, and random naturally occurring events such as wildfires, floods, droughts, or disease epidemics. (26) Delhi Sands Flower-loving Fly populations were considered to be at risk at the time the subspecies was listed because of their small size and habitat fragmentation. We have no information suggesting that these threats have been ameliorated since the time of listing. (27) Monitoring efforts since the time of listing, though limited, do not suggest population increases, and it is reasonable to believe that Delhi Sands Flower-loving Fly populations are likely to be very small. (28) Together, small population size, isolation, populations in fragmented habitat, and increased vulnerability to introduced predators and competitors increase the risk of extirpation of the remaining Delhi Sands Flower-loving Fly populations. (29) Continued listing of the Delhi Sands Flower-loving Fly as an endangered species is not based on the best scientific and commercial data available. The 5-year review report relied on research conducted in 1993 or 2002. The research is 19 and 9 years old, respectively. The 5-year review report has not shown that the Delhi Sands Flower-loving Fly exist nor has there been a substantial increase of population during the 19 years of protection by the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 3. TREATMENT OF CERTAIN SPECIES AS EXTINCT. Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et sq.) is amended by adding at the end the following new paragraph: ``(4) Treatment of Certain Species as Extinct.--(A) A limited listed species shall be treated as extinct for purposes of this Act upon the expiration of the 15-year period beginning on the date it is determined by the Secretary to be an endangered species, unless the Secretary publishes a finding that-- ``(i) there has been a substantial increase in the population of the species during that period; or ``(ii) the continued listing of the species does not impose any economic hardship on communities located in the range of the species. ``(B) In this paragraph the term `limited listed species' means any species that is listed under subsection (c) as an endangered species for which it is not reasonably possible to determine whether the species has been extirpated from the range of the species that existed on the date the species was listed because not all individuals of the species were identified at the time of such listing.''.

Discredit Eternal Listing Inequality of Species Takings Act or the DELIST Act - Amends the Endangered Species Act of 1973 (ESA) to treat a limited listed species as extinct for purposes of this Act upon the expiration of the 15-year period beginning on the date it is determined by the Secretary of the Interior to be an endangered species, unless the Secretary publishes a finding that: (1) there has been a substantial increase in the population of the species during that period; or (2) the continued listing of the species does not impose any economic hardship on communities located in the range of the species. Defines "limited listed species" as any species that is listed as an endangered species for which it is not reasonably possible to determine whether the species has been extirpated from the range of the species that existed on the date the species was listed because not all individuals of the species were identified at the time of such listing.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Fuel Vehicles Intermodal Transportation Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Alternative fuel vehicle.-- (A) In general.--The term ``alternative fuel vehicle'' means a motor vehicle that is powered by-- (i) in whole or in part, electricity, including that supplied by a fuel cell that is not powered by gasoline or diesel; (ii) liquefied natural gas; (iii) compressed natural gas; (iv) liquefied petroleum gas; (v) hydrogen; or (vi) methanol at no less than 85 percent by volume. (B) Exclusions.--The term ``alternative fuel vehicle'' shall not include any vehicle capable of operating solely on gasoline or diesel. (2) Pilot program.--The term ``pilot program'' means the grant program established under section 4(a). (3) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 3. PURPOSE. The purpose of this Act is-- (1) to establish a pilot program to demonstrate the use of alternative fuel vehicles in linked systems of transportation, enhance the usefulness of public transportation systems, protect the environment, and speed the deployment of alternative fuel vehicle technology; and (2) to encourage partnerships between the public and private sectors. SEC. 4. ALTERNATIVE FUELS INTERMODAL TRANSPORTATION PILOT PROGRAM. (a) In General.--The Secretary shall establish a competitive grant program to assist States, localities, and governmental authorities to purchase, operate, and facilitate the use of alternative fuel vehicles in linked transportation systems. (b) Eligible Projects.--To receive Federal assistance under the pilot program, a proposal shall-- (1) have been made in accordance with the application requirements of subsection (e); (2) include only projects that provide new options in a locality for moving passengers or goods in alternative fuel vehicles; and (3) include at least one project to enable passengers or goods to be transferred directly from one alternative fuel vehicle to another in a linked transportation system. (c) Funding Limitations.-- (1) Maximum number of grants.--The Secretary shall not provide grants to more than 15 applicants under the pilot program. (2) Maximum amount.--The Secretary shall not provide more than $20,000,000 in Federal assistance under the pilot program to any applicant. (3) Cost sharing.-- (A) Federal share.--The Federal share of the cost of any project under the pilot program shall not exceed 50 percent of the eligible costs of the project. (B) Non-federal share.--Funds apportioned to a State under section 104(b)(2) of title 23, United States Code, for the congestion mitigation and air quality improvement program may be used by the State to pay for the non-Federal share of the cost of any project under the pilot program. (4) Maximum period of grants.--No applicant may receive Federal assistance under the pilot program for more than 5 years. (d) Allowable Project Costs.--The cost of a project eligible for Federal assistance under the pilot program may include only the following: (1) The purchase of alternative fuel vehicles, including-- (A) passenger vehicles; (B) buses used for public transportation or transportation to and from schools; (C) delivery vehicles for goods or services; (D) ground support vehicles at public airports, including vehicles to carry baggage or push airplanes away from terminal gates; and (E) two-wheel bikes, scooters, or other vehicles for use by law enforcement personnel or other State or local government employees. (2) Infrastructure necessary to directly support a project, including fueling and other support equipment. (3) Operation and maintenance of vehicles, infrastructure, and equipment purchased as part of a project with Federal assistance under the pilot program. (e) Proposals.--The Secretary shall issue requirements for applying for grants under the pilot program. At a minimum, the Secretary shall require that applications be submitted by the head of a State or local government or a metropolitan transportation authority, or any combination thereof, and include-- (1) an estimate of the ridership or degree of use of the projects proposed in the application; (2) an estimate of the air pollution emissions reduced and fossil fuel displaced as a result of the projects and a plan to collect and disseminate environmental data over the life of the projects; (3) a description of other existing modes of transportation to which the projects will connect or the degree to which proposed modes of transportation will be linked; (4) a description of how the projects will be sustainable without Federal assistance after the completion of the term of the demonstration; (5) a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project; and (6) a description of which costs will be supported by Federal assistance and which by assistance from non-Federal partners, including State and local governments and private entities. (f) Criteria.--In evaluating applications under the pilot program, the Secretary shall consider each applicant's previous experience involving alternative fuel vehicles and shall approve the proposals that-- (1) are most likely to maximize-- (A) protection of the environment, including reductions in air pollution emissions and the ability of the proposal to help achieve national, State, or local air quality goals; (B) enhancement of the local or national public transportation system, especially the degree to which the proposal connects various modes of transportation; (C) nationwide deployment of innovative transportation technology or important new configurations of intermodal transportation systems that increase the use of alternative fuel vehicles; (D) the amount of goods transported or number of riders served; and (E) stimulation of the national or regional economy; (2) demonstrate the greatest commitment on the part of the applicant to fund the proposal and the greatest likelihood that each project in the proposal will be maintained and expanded after Federal assistance is exhausted; and (3) assure a broad geographic distribution of project sites. (g) Schedule.-- (1) Publication.--Not later than 90 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register, and elsewhere as appropriate, a request for proposals to undertake projects under the pilot program. Applications for such proposals shall be due within 180 days of the publication of the notice. (2) Selection.--Not later than 180 days after the date by which applications for grants are due, the Secretary shall select all proposals to be carried out under the pilot program. SEC. 5. REPORT TO CONGRESS. Not later than 36 months after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing-- (1) an evaluation of the effectiveness of the pilot program including an assessment of the benefits to the environment derived from the projects included in the pilot program as well as an estimate of the potential benefits to the environment to be derived from widespread application of such intermodal transportation activities; (2) an identification of other applicants that submitted project applications for the pilot program; and (3) a description of the mechanisms used by the Secretary to ensure that the information and know-how gained by participants in the pilot program is transferred among the pilot program participants and to other interested parties, including other applicants that submitted project applications. SEC. 6. AUTHORIZATIONS. (a) In General.--There is authorized to be appropriated $200,000,000 to carry out this Act. (b) Availability of Amounts.--Amounts appropriated to carry out this Act shall remain available until expended.

Directs the Secretary to report to specified congressional committees on: (1) the effectiveness of the pilot program, including an assessment of the benefits to the environment derived from the projects included in the program as well as an estimate of the potential benefits to the environment to be derived from widespread application of such intermodal transportation activities; and (2) the mechanisms used by the Secretary to ensure that the information and knowhow gained by program participants is transferred among them and to other interested parties, including other project applicants. Authorizes appropriations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Legacy IRA Act''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE PURPOSES. (a) In General.--Paragraph (8) of section 408(d) of the Internal Revenue Code of 1986 (relating to tax treatment of distributions) is amended to read as follows: ``(8) Distributions for charitable purposes.-- ``(A) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution. ``(B) Limitations.-- ``(i) In general.--The aggregate amount excluded from gross income by subparagraph (A) for a taxable year shall not exceed $400,000. ``(ii) Organization and entity specific limitations.--The amount excluded from gross income by subparagraph (A) for a taxable year shall not exceed-- ``(I) $100,000, in the case of any distribution described in subparagraph (C)(i)(I), and ``(II) $400,000, in the case of any distribution described in subparagraph (C)(i)(II). ``(C) Qualified charitable distribution.--For purposes of this paragraph, the term `qualified charitable distribution' means any distribution from an individual retirement account-- ``(i) which is made directly by the trustee-- ``(I) to a specified charitable organization, or ``(II) to a split-interest entity, and ``(ii) which is made on or after the date that the individual for whose benefit the account is maintained has attained-- ``(I) in the case of any distribution described in clause (i)(I), age 70\1/2\, and ``(II) in the case of any distribution described in clause (i)(II), age 65. ``(D) Special rules relating to distributions.--For purposes of this paragraph-- ``(i) Distribution must be otherwise includible.--A distribution from an individual retirement account shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to subparagraph (A). ``(ii) Limitation on income interests.--A distribution from an individual retirement account to a split-interest entity may only be treated as a qualified charitable distribution if-- ``(I) no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and ``(II) the income interest in the split-interest entity is nonassignable. ``(iii) Contributions must be otherwise deductible.--A distribution from an individual retirement account to a specified charitable organization may be treated as a qualified charitable distribution only if-- ``(I) in the case of a distribution to a charitable remainder annuity trust or a charitable remainder unitrust, a deduction for the entire value of the remainder interest in the distribution for the benefit of a specified charitable organization would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph), and ``(II) in the case of a charitable gift annuity, a deduction in an amount equal to the amount of the distribution reduced by the value of the annuity described in section 501(m)(5)(B) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(E) Specified charitable organization defined.-- For purposes of this paragraph, the term `specified charitable organization' means an organization described in section 170(b)(1)(A) (other than any organization described in section 509(a)(3) or any fund or account described in section 4966(d)(2)). ``(F) Split-interest entity defined.--For purposes of this paragraph, the term `split-interest entity' means-- ``(i) a charitable remainder annuity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by a qualified charitable distribution, ``(ii) a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by one or more qualified charitable distributions, or ``(iii) a charitable gift annuity (as defined in section 501(m)(5)), but only if such annuity is funded exclusively by a qualified charitable distribution and commences fixed payments of 5 percent or greater not later than one year from date of funding. ``(G) Special rules.-- ``(i) Charitable remainder trusts.-- Notwithstanding section 664(b), distributions made from a trust described in clause (i) or (ii) of subparagraph (F) shall be treated as ordinary income in the hands of the beneficiary to whom is paid the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A). ``(ii) Charitable gift annuities.-- Qualified charitable distributions made for a charitable gift annuity shall not be treated as an investment in the contract for purposes of section 72(c). ``(iii) Application of section 72.-- Notwithstanding section 72, in determining the extent to which a distribution is a qualified charitable distribution, the entire amount of the distribution shall be treated as includible in gross income without regard to subparagraph (A) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all individual retirement plans of the individual were distributed during the taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(iv) Determining deduction under section 170.--Qualified charitable distributions shall not be taken into account in determining the deduction under section 170. ``(v) Required minimum distributions.--The entire amount of a qualified charitable distribution shall be taken into account for purposes of section 401(a)(9). ``(H) Termination with respect to split-entities.-- Subparagraph (A) shall not apply to a distribution to a split-interest entity after December 31, 2020.''. (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years ending after the date of the enactment of this Act.

Legacy IRA Act This bill amends the Internal Revenue Code to expand the tax exclusion for distributions from individual retirement accounts (IRAs) for charitable purposes. The bill increases from $100,000 to $400,000 the annual limit on the aggregate amount of distributions for charitable purposes that may be excluded from the gross income of a taxpayer. The bill permits tax-free distributions from IRAs to a split-interest entity until December 31, 2020. A split-interest entity is exclusively funded by charitable distributions and includes: a charitable remainder annuity trust, a charitable remainder unitrust, or a charitable gift annuity. A charitable gift annuity must commence fixed payments of at least 5% no later than one year from the date of funding. A distribution to a split-interest entity may only be treated as a qualified charitable distribution if: (1) no person holds an income interest in the entity other than the individual for whose benefit the account is maintained, the spouse of such individual, or both; and (2) the income interest in the entity is nonassignable. The bill limits the exclusion annually to: $100,000 for distributions to charitable organizations, and $400,000 for distributions to split-interest entities. Tax-free distributions to a split-interest entity may be made when the account beneficiary attains age 65. (Under current law, the beneficiary must attain the age of 70-1/2 for IRA distributions to a charitable organization.)

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Trafficking Prioritization Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The International Labor Organization estimates that nearly 21 million people are subjected to modern slavery around the world at any given time and that the majority of the enslaved are women and girls. (2) Congress authorized the creation of a Department of State Office to Monitor and Combat Trafficking in Persons in the Trafficking Victims Protection Act of 2000 (Division A of Public Law 106-386) in order to directly assist the Secretary of State in his or her effort to coordinate a United States Government interagency response to domestic and international trafficking in persons. (3) The Office to Monitor and Combat Trafficking in Persons monitors trafficking worldwide and produces the online and printed versions of the annual Trafficking in Persons Report, which is Congress' primary resource for human trafficking reporting, analysis, and recommendations on the United States and 186 countries around the world. (4) The annual Trafficking in Persons Report contains tier rankings of each country on which it reports, and these tier rankings have become an essential diplomatic tool for promoting protection for victims, prevention of trafficking, and prosecution of perpetrators. (5) Some countries have openly stated, and many others have confided, that dramatic improvements in the country's human trafficking record were directly related to avoidance of a low tier ranking in the annual Trafficking in Persons Report. (6) Ambassador Mark Lagon, former Ambassador-at-Large to Monitor and Combat Trafficking in Persons (2007-2009), testified before the Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations of the Committee on Foreign Affairs of the House of Representatives on April 18, 2013, that ``[T]he State Department does a tremendous job in producing a report which tells it like it is, offering objective rankings. Yet at times it pulls punches, typically due to the urging of regional specialists rather than the TIP Office's dedicated experts on trafficking.''. (7) Ambassador John Miller, former Ambassador-at-Large to Monitor and Combat Trafficking in Persons (2002-2006), recently stated that, ``Upgrading the status of the Office to a Bureau will not create additional bureaucracy--it will simply give JTIP and the Ambassador-at-Large who heads it equal standing with regional and functional bureaus at the State Department. That standing is absolutely essential for the issue to remain a priority, especially when multiple U.S. interests are engaged.''. (8) The tier ranking process authorized by Congress in the Trafficking Victims Protection Act of 2000 has been in some instances compromised by the Office to Monitor and Combat Trafficking subordinate stature within the Department of State. (9) It is essential for Congress and the Secretary of State to be accurately informed regarding United States and foreign country successes and failures in the fight against human trafficking. (10) The diplomatic power and credibility of the Trafficking in Persons Report is based on rigorous scholarship and scrupulous application of the minimum standards for the elimination of human trafficking and is undermined by political, rather than factual, tier rankings. (11) Strong and effective anti-slavery policy requires that officials from the Office to Monitor and Combat Trafficking have equal hierarchical standing with State Department regional bureaus and direct access to the Secretary of State. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Office to Monitor and Combat Trafficking of the Department of State will be more effective in carrying out duties mandated by Congress in the Trafficking Victims Protection Act of 2000 if the Office status is changed to that of a Bureau within the Department hierarchy; (2) the change in status from Office to Monitor and Combat Trafficking to a Bureau can be accomplished without increasing the number of personnel or the budget of the current Office; (3) a Bureau to Monitor and Combat Trafficking would be more effective in carrying out duties mandated by Congress in the Trafficking Victims Protection Act of 2000 if the Bureau were headed by an Assistant Secretary with direct access to the Secretary of State, rather than an Ambassador-at-Large; and (4) the Secretary of State should review the current use of the 24 Assistant Secretary positions authorized by section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) and make appropriate revisions, consolidations, and eliminations, to ensure that those positions reflect the highest Departmental needs and foreign policy priorities of the United States, including efforts to combat trafficking in persons. SEC. 4. BUREAU TO COMBAT TRAFFICKING IN PERSONS. (a) In General.--Section 105(e) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(e)) is amended-- (1) in the heading, by striking ``Office to Monitor and Combat Trafficking'' and inserting ``Bureau To Combat Trafficking in Persons''; (2) in paragraph (1)-- (A) in the first sentence, by striking ``Office to Monitor and Combat Trafficking'' and inserting ``Bureau to Combat Trafficking in Persons''; (B) in the second sentence, by striking ``Office'' and inserting ``Bureau''; and (C) in the sixth sentence, by striking ``Office'' and inserting ``Bureau''; and (3) in subparagraph (A) of paragraph (2), by striking ``Office to Monitor and Combat Trafficking'' and inserting ``Bureau to Combat Trafficking in Persons''. (b) Reference.--Any reference in the Trafficking Victims Protection Act of 2000 or in any other Act to the Office to Monitor and Combat Trafficking shall be deemed to be a reference to the Bureau to Combat Trafficking in Persons. SEC. 5. REPORT REGARDING DESIGNATION OF ASSISTANT SECRETARY OF STATE TO COMBAT TRAFFICKING IN PERSONS. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing-- (1) for each current Assistant Secretary of State position-- (A) the title of that Assistant Secretary of State; (B) how long that particular Assistant Secretary designation has been in existence; and (C) whether that particular Assistant Secretary designation was legislatively mandated or authorized and, if so, the relevant statutory citation for such mandate or authorization; and (2) whether the Secretary intends to designate one of the Assistant Secretary of State positions authorized by section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) as the Assistant Secretary of State to Combat Trafficking in Persons, and the reasons for that decision. SEC. 6. COUNTRIES ON SPECIAL WATCH LIST FOR 4 CONSECUTIVE YEARS THAT ARE DOWNGRADED AND REINSTATED ON SPECIAL WATCH LIST. Section 110(b)(2) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)) is amended by adding at the end the following: ``(F) Countries on special watch list for 4 consecutive years that are downgraded and reinstated on special watch list.--Notwithstanding subparagraphs (D) and (E), a country that-- ``(i) was included on the special watch list described in subparagraph (A) for 4 consecutive years after the date of the enactment of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and ``(ii) was subsequently included on the list of countries described in paragraph (1)(C), may not thereafter be included on the special watch list described in subparagraph (A) for more than 1 consecutive year.''. SEC. 7. COST LIMITATION. No additional funds are authorized to be appropriated for ``Diplomatic and Consular Programs'' to carry out the provisions of this Act.

Human Trafficking Prioritization Act This bill expresses the sense of Congress that the Office to Monitor and Combat Trafficking of the Department of State will be more effective in carrying out duties mandated by Congress in the Trafficking Victims Protection Act of 2000 and can do so without an increase in either personnel or budget, if: (1) the Office's status is changed to that of a Bureau within State; and (2) the Office is headed by an Assistant Secretary with direct access to the Secretary of State, rather than an Ambassador-at-Large. The bill amends the Trafficking Victims Protection Act of 2000 to change the status of the Office to Monitor and Combat Trafficking to that of the Bureau to Combat Trafficking in Persons. State must submit to Congress a report detailing: for each current Assistant Secretary of State position, the exact title and length of designation as Assistant Secretary and whether that designation was legislatively mandated or authorized and, if so, the relevant statutory citation; and whether State intends to designate one of the Assistant Secretary of State positions as the Assistant Secretary of State to Combat Trafficking in Persons and the reasons for that decision. The bill prohibits subsequent inclusion for more than one consecutive year on the special watch list of countries whose compliance with minimum standards for the elimination of human trafficking is full, partial, or insignificant of any country that: was included on the list for four consecutive years after enactment of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and was subsequently included on the exclusive Tier 3 list of countries not making significant efforts to bring themselves into compliance with such standards. No additional funds are authorized to be appropriated for diplomatic and consular programs to carry out this bill.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Fairness Act of 1998''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. (a) In General.--Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made'', and by striking ``1984'' in clause (i) and inserting ``1989''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraphs (F) and (G) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979............................... 55 percent 1980............................... 45 percent 1981............................... 35 percent 1982............................... 32 percent 1983............................... 25 percent 1984............................... 20 percent 1985............................... 16 percent 1986............................... 10 percent 1987............................... 3 percent 1988............................... 5 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph. ``(G)(i) This paragraph shall apply in the case of any individual subject to any timely election to receive lump sum payments under this subparagraph. ``(ii) A written election to receive lump sum payments under this subparagraph, in lieu of the application of this paragraph to the computation of the primary insurance amount of an individual described in paragraph (4)(B), may be filed with the Commissioner of Social Security in such form and manner as shall be prescribed in regulations of the Commissioner. Any such election may be filed by such individual or, in the event of such individual's death before any such election is filed by such individual, by any other beneficiary entitled to benefits under section 202 on the basis of such individual's wages and self- employment income. Any such election filed after December 31, 1998, shall be null and void and of no effect. ``(iii) Upon receipt by the Commissioner of a timely election filed by the individual described in paragraph (4)(B) in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of such election to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay such individual, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000, in 4 annual lump sum installments of $1,250, the first of which shall be made during fiscal year 1999 not later than July 1, 1999, and ``(II) subparagraph (A) shall not apply in determining such individual's primary insurance amount. ``(iv) Upon receipt by the Commissioner as of December 31, 1998, of a timely election filed in accordance with clause (ii) by at least one beneficiary entitled to benefits on the basis of the wages and self- employment income of a deceased individual described in paragraph (4)(B), if such deceased individual has filed no timely election in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of all such elections received as of such date to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay each beneficiary filing such a timely election, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000 (or, in the case of 2 or more such beneficiaries, such amount distributed evenly among such beneficiaries), in 4 equal annual lump sum installments, the first of which shall be made during fiscal year 1999 not later than July 1, 1999, and ``(II) solely for purposes of determining the amount of such beneficiary's benefits, subparagraph (A) shall be deemed not to apply in determining the deceased individual's primary insurance amount.''. (b) Effective Date and Related Rules.-- (1) Applicability of amendments.-- (A) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (B) Applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before July 1999. The amendments made this section shall apply with respect to benefits payable in months in any fiscal year after fiscal year 2002 only if the corresponding decrease in adjusted discretionary spending limits for budget authority and outlays under section 3 of this Act for fiscal years prior to fiscal year 2003 is extended by Federal law to such fiscal year after fiscal year 2002. (2) Recomputation to reflect benefit increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for June 1999, if such benefits are based on a primary insurance amount computed-- (A) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (B) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act. SEC. 3. OFFSET PROVIDED BY PROJECTED FEDERAL BUDGET SURPLUSES. Amounts offset by this Act shall not be counted as direct spending for purposes of the budgetary limits provided in the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985.

Notch Fairness Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum old age insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000. Provides that amounts offset by this Act shall not be counted as direct spending for purposes of the budgetary limits provided in the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).

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SECTION 1. LAND TRANSFER. (a) In General.--Subject to subsection (d), the Secretary of the Army shall transfer the land described in subsection (b) to the Secretary of the Interior to be held in trust for the benefit of the Tribe, and subsection (c) to the State of North Dakota. (b) Standing Rock Land Transfer.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Army shall transfer the covered property to the Secretary of the Interior to be held in trust for the benefit of the Tribe. (2) Definitions.--In this subsection, the following definitions apply: (A) Covered property.--The term ``covered property'' means all the property-- (i) within the exterior boundaries of the Reservation within the State of North Dakota; (ii) acquired by the United States for the Oahe Dam and Reservoir Project pursuant to Public Law 85-915 (72 Stat. 1762); (iii) located above the top of the exclusive flood pool of the Oahe Dam and Reservoir Project, as determined by the Secretary of the Army; and (iv) under the administrative control of the Corps of Engineers. (B) Reservation.--The term ``Reservation'' means the Standing Rock Indian Reservation. (C) Tribe.--The term ``Tribe'' means the Standing Rock Sioux Tribe of North and South Dakota. (c) Transfer of Property to North Dakota.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Army shall convey to the State of North Dakota all right, title, and interest of the United States in and to the covered property. (2) Definition of covered property.--In this subsection, the term ``covered property'' means all property-- (A) in Burleigh County, Emmons County, or Morton County in the State of North Dakota; (B) acquired by the United States for the Oahe Dam and Reservoir Project pursuant to Public Law 85-915 (72 Stat. 1762); (C) located above the top of the exclusive flood pool of the Oahe Dam and Reservoir Project, as determined by the Secretary of the Army; and (D) under the administrative control of the Corps of Engineers. (d) Conditions of Transfer.-- (1) Authorized purposes.--The transfer of land under this section shall not interfere with any of the authorized purposes of the Oahe Dam and Reservoir Project, any project of the Pick- Sloan Missouri River Basin Program, or any applicable law. (2) Definition of pick-sloan missouri river basin program.--For purposes of this subsection, the term ``Pick- Sloan Missouri River Basin Program'' means the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Flood Control Act of 1944) (58 Stat. 891, chapter 665). (3) Damage to land.--The United States shall not be responsible for any damage to the transferred land caused by flooding, sloughing, erosion, or any other change to the transferred land as a result of the operation of the Oahe Dam and Reservoir Project or any project of the Pick-Sloan Missouri River Basin Programs. (4) Retained rights.--The Secretary of the Army shall retain the right to inundate with water or cause erosion to the transferred lands, as necessary for the operation of the Oahe Dam and Reservoir Project or any project of the Pick-Sloan Missouri River Basin Programs. (5) Retained property interests.--Notwithstanding subsections (b) and (c), the Secretary of the Army shall retain any land, structures, easements or other property interests necessary to carry out authorized purposes of the Oahe Dam and Reservoir Project or any project of the Pick-Sloan Missouri River Basin Programs. (6) Other terms and conditions.--The transfer of land under this section shall be subject to any other term or condition that the Secretary of the Army determines to be appropriate to ensure the continued operation of the Oahe Dam and Reservoir or of any project of the Pick-Sloan Missouri River Basin Program. (7) Existing rights and interests.--Nothing in this Act deprives any person of any easement, leasehold, or other right of interest that, as of the date of enactment of this Act, the person may have in the land to be transferred. (e) Map.-- (1) In general.--The Secretary of the Army shall prepare a map of the land transferred under this section. (2) Land.--The map shall identify-- (A) land reasonably expected to be required for project purposes during the 20-year period beginning on the date of enactment of this Act; and (B) dams and related structure which will be retained by the Secretary of the Army. (3) Availability.--The map shall be on file in the appropriate offices of the Secretary. (f) Costs.--The Standing Rock Sioux Tribe shall be responsible for the payment of all costs and administrative expenses associated with the transfer authorized by subsection (b) and the State of North Dakota shall be responsible for the payment of all costs and administrative expenses associated with the transfer authorized by subsection (c), including costs of survey compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any coordination necessary with respect to requirements related to endangered species, cultural resources, and clean air.

This bill requires the U.S. Army Corps of Engineers to transfer certain property within the exterior boundaries of the Standing Rock Indian Reservation within North Dakota that was acquired by the United States for the Oahe Dam and Reservoir Project to the Department of the Interior to be held in trust for the Standing Rock Sioux Tribe of North and South Dakota. The Corps of Engineers shall convey to North Dakota all right of the United States to certain property in Burleigh County, Emmons County, or Morton County in North Dakota that was acquired by the United States for such project and and that is located above the top of the exclusive flood pool of the project. The transfer of such land shall not interfere with any of the authorized purposes of such project, any project of the Pick-Sloan Missouri River Basin Program, or any applicable law. The Corps of Engineers shall retain: (1) the right to inundate with water or cause erosion to the transferred lands as necessary for the operation of such projects; and (2) any land, structures, easements or other property interests necessary to carry out such projects. The Tribe and North Dakota shall be responsible for the payment of costs and administrative expenses associated with the transfers and for any coordination necessary with respect to requirements related to endangered species, cultural resources, and clean air.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Every year, 13,500 children in the United States are diagnosed with cancer. (2) While the cure rates for some childhood cancers are now over 80 percent, the survival rates for many types of cancers in children remain extremely low. (3) According to the Centers for Disease Control and Prevention, cancer continues to be the leading cause of death by disease in children and adolescents under the age of 14. (4) There are currently more than 360,000 childhood cancer survivors living in the United States. (5) As many as two-thirds of childhood cancer survivors experience at least one long-term health effect of their cancer treatment, including secondary malignancies, cardiopulmonary damage, physical and intellectual developmental impairments, endocrine disorders, and others. (6) Collection of biospecimens and clinical and demographic data on the maximum possible number of children with cancer in the United States is necessary to improve childhood cancer treatments and cures. Currently biospecimens and some demographic data are collected for less than half of children with cancer. SEC. 3. COMPREHENSIVE CHILDREN'S CANCER BIOREPOSITORIES. (a) In General.--Section 417E of the Public Health Service Act (42 U.S.C. 285a-11) is amended-- (1) by redesignating subsections (c) and (d) as subsections (k) and (l), respectively; (2) by striking subsections (a) and (b) and inserting the following: ``(a) Comprehensive Children's Cancer Biorepositories.--The Secretary, acting through the Director of NIH, may make an award for a duration of at least 5 years to an entity or entities described in subsection (d) to build upon existing initiatives to collect biospecimens and clinical and demographic information for at least 90 percent of all children, adolescents, and young adults with cancer in 1 or more Comprehensive Children's Cancer Biorepositories to achieve a better understanding of the cause of such cancers and the effects of treatments for such cancers. ``(b) Use of Funds.--Amounts received under the award under subsection (a) may be used to carry out the following: ``(1) Prospectively acquire, preserve, and store high- quality, donated biospecimens and associated clinical and demographic information on children, adolescents, and young adults diagnosed with cancer in the United States. ``(2) Maintain a secure searchable database on stored biospecimens and associated clinical and demographic data from children, adolescents, and young adults with cancer for the conduct of research by scientists and qualified health care professionals. ``(3) Establish procedures for evaluating applications for access to such biospecimens and clinical and demographic data from researchers and other qualified health care professionals. ``(4) Make available and distribute biospecimens and clinical and demographic data from children, adolescents, and young adults with cancer to researchers and qualified health care professionals for peer-reviewed research at a minimal cost. ``(c) No Requirement.--No child, adolescent, or young adult with cancer shall be required to contribute a specimen to a Biorepository or share clinical or demographic data. ``(d) Application; Considerations.-- ``(1) Application.--To be eligible to receive an award under subsection (a) an entity shall submit an application to the Secretary at such a time, in such a manner, and containing such information as the Secretary may reasonably require. ``(2) Considerations.--In evaluating the applications in paragraph (1), the Secretary shall consider the existing infrastructure of the entity that would allow for the timely capture of biospecimens and related clinical and demographic information for children, adolescents, and young adults with cancer. ``(e) Privacy Protections; Consent.-- ``(1) In general.--The Secretary may not make an award under subsection (a) to an entity unless the Secretary ensures that such entity-- ``(A) collects biospecimens and associated clinical and demographic information from children with appropriate permission from parents or legal guardians in accordance with Federal and State law; and ``(B) adheres to strict confidentiality to protect the identity and privacy of patients in accordance with Federal and State law. ``(2) Consent.--The Secretary shall establish an appropriate process for achieving consent from the patient, parent, or legal guardian. ``(f) Single Point of Access; Standard Data; Guidelines and Oversight.-- ``(1) Single point of access.--The Secretary shall ensure that a Biorepository established under subsection (a) has electronically searchable data for use by researchers and other qualified health care professionals in the manner and to the extent defined by the Secretary. ``(2) Standard data.--The Secretary shall require all recipients of an award under this section to make available a standard dataset for the purposes of paragraph (1) in a standard electronic format that enables researchers and qualified health care professionals to search. ``(3) Guidelines and oversight.--The Secretary shall develop and disseminate appropriate guidelines for the development and maintenance of the biorepositories authorized under this section, including appropriate oversight. ``(g) Definitions.-- ``(1) Award.--The term `award' includes a grant, contract, cooperative agreement, or other mechanism determined by the Secretary. ``(2) Biospecimen.--The term `biospecimen' includes-- ``(A) solid tumor tissue or bone marrow; ``(B) normal or control tissue; ``(C) blood/plasma; ``(D) DNA and RNA extractions; ``(E) familial DNA; and ``(F) any other sample required by the Secretary. ``(3) Clinical and demographic information.--The term `clinical and demographic information' shall include-- ``(A) date of diagnosis; ``(B) age at diagnosis; ``(C) patient's gender, race and ethnicity; ``(D) extent of disease at enrollment; ``(E) site of metastases; ``(F) location of primary tumor coded; ``(G) histologic diagnosis; ``(H) tumor marker data when available; ``(I) treatment and outcome data; ``(J) information related to specimen quality; and ``(K) any other information required by the Secretary. ``(h) Coordination.--The Secretary shall ensure that clinical and demographic information collected in accordance with this section is collected in coordination with the information collected under section 399E-1. ``(i) Prohibition on Use of Funds.--Funds made available under this section shall not be used to acquire, preserve, or maintain a biospecimen collected from a patient if such activity is already covered by funds available from the National Cancer Institute for such purpose. ``(j) Report.--Not later than 4 years after the date of enactment of the Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act, the Secretary shall submit to Congress a report on-- ``(1) the number of biospecimens and corresponding clinical demographic data collected through the Comprehensive Children's Cancer Biorepositories established under subsection (a); ``(2) the number of biospecimens and corresponding clinical demographic data requested for use by researchers; ``(3) any barriers to the collection of biospecimens and corresponding clinical demographic data; ``(4) any barriers experienced by researchers or health care professionals in accessing the biospecimens and corresponding clinical demographic data necessary for use in research; and ``(5) any recommendations with respect to improving the Comprehensive Children's Cancer Biorepository program under this section.''; and (3) in subsection (l), as so redesignated-- (A) by striking ``$30,000,000'' and inserting ``$10,000,000''; and (B) by striking ``2013'' and inserting ``2018''. (b) Improving Childhood Cancer Surveillance.--Section 399E-1 of the Public Health Service Act (42 U.S.C. 280e-3a) is amended-- (1) by redesignating subsection (b) as subsection (d); and (2) by striking subsection (a) and inserting the following: ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to State cancer registries to enhance and expand infrastructure to track the epidemiology of cancer in children, adolescents, and young adults. Such registries shall be updated to include each occurrence of such cancers within a period of time designated by the Secretary. ``(b) Activities.--The grants described in subsection (a) may be used for-- ``(1) identifying, recruiting, and training all potential sources for reporting childhood, adolescent, and young adult cancer cases; ``(2) developing procedures to implement early inclusion of childhood, adolescent, and young adult cancer cases on State cancer registries through the use of electronic reporting; ``(3) purchasing infrastructure to support the early inclusion of childhood, adolescent, and young adult cancer cases on such registries; ``(4) submitting deidentified data to the Centers for Disease Control and Prevention for inclusion in a national database of childhood, adolescent, and young adult cancers; and ``(5) tracking the late effects of childhood, adolescent, and young adult cancers. ``(c) Coordination.--The Secretary shall ensure that information collected through State cancer registries under this section is collected in coordination with clinical and demographic information collected under section 417E.''. SEC. 4. REPORT TO IMPROVE DEVELOPMENT OF NEW DRUGS AND BIOLOGIC PRODUCTS TO TREAT CHILDHOOD CANCERS. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall report to Congress on barriers to studying oncologic therapies in pediatric populations under section 505B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c). (b) Content.--The report under subsection (a) shall include-- (1) an assessment of the feasibility of requiring studies for a pediatric oncologic indication under section 505B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c) if the therapeutic target of a drug or biologic product for an adult oncologic indication is highly relevant to any pediatric cancer to which it could apply; (2) recommendations to overcome any barriers identified in the report on how to improve research, development and access to new oncologic therapies for use in pediatric patients; and (3) an assessment of the potential impact of altering the exemption under subsection (k) of such section 505B. (c) Stakeholder Input.--The report under subsection (a) shall be developed with input from relevant stakeholders.

Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act - Amends the Public Health Service Act to reauthorize through FY2018 cancer research programs under the Caroline Pryce Walker Conquer Childhood Cancer Act of 2008. Replaces the current pediatric cancer research and awareness grant program carried out by the Secretary of Health and Human Services (HHS) with a comprehensive children's cancer biorepositories program. Authorizes the Director of the National Institutes of Health (NIH) to make awards to eligible applicants to build upon existing initiatives to collect biospecimens and clinical and demographic information (including date of diagnosis, age at diagnosis, and patient's gender, race, and ethnicity) for at least 90% of all children, adolescents, and young adults with cancer in Comprehensive Children's Cancer Biorepositories for the purpose of achieving a better understanding of the cause of such cancers and the effects of treatments. Permits award amounts to be used to: (1) acquire, preserve, and store high quality, donated biospecimens and associated clinical and demographic information on children, adolescents, and young adults diagnosed with cancer in the United States; (2) maintain a secure searchable database for scientists and qualified health care professionals to research such biospecimens and data; and (3) make available and distribute such biospecimens and data to researchers and professionals for peer-reviewed research. Revises the national childhood cancer registry grant program to require the Director of the Centers for Disease Control and Prevention (CDC) to award grants to state cancer registries to enhance and expand infrastructure to track the epidemiology of cancer in children, adolescents, and young adults. Requires a Comptroller General (GAO) report regarding the barriers to conducting pediatric studies of oncologic therapies in applications for new drugs or biological products under the Federal Food, Drug, and Cosmetic Act, including recommendations to improve development and access to new therapies as well as assessments of: (1) the feasibility of requiring studies for a pediatric oncologic indication if the therapeutic target of a drug or biologic product for an adult oncologic indication is highly relevant to any pediatric cancer to which it could apply, and (2) the impact of altering the current exemption for orphan drug designations relating to rare diseases or conditions.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``SOAR to Health and Wellness Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Human trafficking.--The term ``human trafficking'' has the meaning given the term ``severe forms of trafficking in persons'' as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. PILOT PROGRAM ESTABLISHMENT. (a) In General.--The Secretary shall establish a pilot program to be known as ``Stop, Observe, Ask, and Respond to Health and Wellness Training'' (or ``SOAR to Health and Wellness Training'') (referred to in this Act as the ``pilot program''), to provide training to health care providers and other related providers, at all levels, on human trafficking in accordance with the purpose described in subsection (b). (b) Purpose.--The pilot program established under subsection (a) shall train health care providers and other related providers to enable such providers to-- (1) identify potential human trafficking victims; (2) implement proper protocols and procedures for working with law enforcement to report, and facilitate communication with, such victims, in accordance with all applicable Federal, State, local, and tribal requirements, including legal confidentiality requirements for patients and health care providers; (3) implement proper protocols and procedures for referring such victims to appropriate social or victims service agencies or organizations; (4) provide such victims care that is-- (A) coordinated; (B) victim centered; (C) culturally relevant; (D) comprehensive; (E) evidence based; (F) gender responsive; (G) age appropriate, with a focus on care for youth; and (H) trauma informed; and (5) consider the potential for integrating the training described in paragraphs (1) through (4) with training programs, in effect on the date of enactment of this Act, for victims of domestic violence, dating violence, sexual assault, stalking, child abuse, child neglect, child maltreatment, and child sexual exploitation. (c) Functions.-- (1) In general.--The functions of the pilot program established under subsection (a) shall include the functions of the Stop, Observe, Ask, and Respond to Health and Wellness Training program that was operating on the day before the date of enactment of this Act and the authorized initiatives described in paragraph (2). (2) Authorized initiatives.--The authorized initiatives of the pilot program established under subsection (a) shall include-- (A) engaging stakeholders, including victims of human trafficking and any Federal, State, local, or tribal partners, to develop a flexible training module-- (i) for achieving the purpose described in subsection (b); and (ii) that adapts to changing needs, settings, health care providers, and other related providers; (B) making grants available to support training in health care sites that represent diversity in-- (i) geography; (ii) the demographics of the population served; (iii) the predominate types of human trafficking cases; and (iv) health care provider profiles; (C) providing technical assistance for health education programs to implement nationwide health care protocol, or develop continuing education training materials, that assist in achieving the purpose described in subsection (b); (D) developing a strategy to incentivize the utilization of training materials developed under subparagraph (C) and the implementation of nationwide health care protocol described in such subparagraph, as the Secretary determines appropriate; and (E) developing a reliable methodology for collecting data, and reporting such data, on the number of human trafficking victims identified and served in health care settings or other related provider settings. (d) Termination.--The pilot program established under subsection (a) shall terminate on October 1, 2022. SEC. 4. DATA COLLECTION AND REPORTING REQUIREMENTS. (a) Data Collection.-- (1) In general.--During each of fiscal years 2018 through 2022, the Secretary shall collect data on each of the following: (A) The total number of facilities that were operating under the pilot program established under section 3(a)-- (i) during the previous fiscal year; and (ii) before the previous fiscal year. (B) The total number of health care providers and other related providers trained through such pilot program during each of the periods described in clauses (i) and (ii) of subparagraph (A). (2) Initial report.--In addition to the data required to be collected under paragraph (1), for purposes of the initial report to be submitted under subsection (b), the Secretary shall collect data on the total number of facilities that were operating under, and the total number of health care providers and other related providers trained through, the Stop, Observe, Ask, and Respond to Health and Wellness Training program that was operating before the establishment of the pilot program under section 3(a). (b) Reporting.--Not later than 90 days after the first day of each of fiscal years 2018 through 2022, the Secretary shall prepare and submit to Congress a report on the data collected under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $3,000,000 for each of fiscal years 2018 through 2022.

SOAR to Health and Wellness Act of 2016 This bill directs the Department of Health and Human Services (HHS) to establish a pilot program, to be known as Stop, Observe, Ask, and Respond to Health and Wellness Training (or SOAR to Health and Wellness Training), to train health care providers and other related providers to: identify potential human trafficking victims, work with law enforcement to report and facilitate communication with such victims, refer victims to social or victims service agencies or organizations, provide such victims with coordinated care tailored to their circumstances, and consider integrating this training with existing training programs. The pilot program must include the functions of the training program with the same name that was operating before this bill's enactment and the following initiatives: engaging stakeholders to develop a flexible training module, supporting training in diverse health care sites, providing technical assistance to health education programs, developing a strategy to incentivize the use of training materials developed under this bill and the implementation of a nationwide health care protocol, and developing a methodology for collecting and reporting data on the number of human trafficking victims served in health care settings or other related provider settings. The pilot program is authorized through FY2022. HHS must report on the number of facilities operating under the pilot program, the number of providers trained through the pilot program, and these numbers for the program operating before the pilot program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm-to-Fuel Investment Act of 2007''. SEC. 2. BIOENERGY TRANSITION ASSISTANCE. (a) Definitions.--Section 9003(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103(b)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (5) through (7), respectively; and (2) by inserting after paragraph (1) the following: ``(2) Bioenergy crop.-- ``(A) In general.--The term `bioenergy crop' means-- ``(i) a perennial plant that can be used as feedstock for bioenergy production; or ``(ii) an annual plant that-- ``(I) can be used as feedstock for bioenergy production; and ``(II) is grown in a resource- conserving crop rotation. ``(B) Exclusions.--The term `bioenergy crop' does not include-- ``(i) any crop that is eligible for any payments under title I; or ``(ii) any plant that-- ``(I) the Secretary determines to be invasive or noxious; or ``(II) has the potential to become invasive or noxious, as determined by the Secretary, in consultation with the United States Fish and Wildlife Service or a State conservation agency. ``(3) Bioenergy cropshed.--The term `bioenergy cropshed' means a bioenergy cropshed designated by the Secretary under subsection (g)(1). ``(4) Bioenergy producer.--The term `bioenergy producer' means a producer that produces a bioenergy crop that, as determined by the Secretary-- ``(A) is physically located in a bioenergy cropshed; and ``(B) can be used by the local biorefinery.''. (b) Bioenergy Transition Assistance.--Section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended-- (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following: ``(g) Bioenergy Transition Assistance.-- ``(1) Designation of bioenergy cropsheds.-- ``(A) In general.--The Secretary shall designate as bioenergy cropsheds, areas that are physically located within, as determined by the Secretary-- ``(i) a 50-mile radius of an existing or planned biorefinery; or ``(ii) some other economically-practicable distance from an existing or planned biorefinery. ``(B) Specific conservation objectives.--Each bioenergy cropshed designated under subparagraph (A) shall include specific conservation objectives for local resources of concern, including water quality, wildlife habitat, soil quality, and air quality, as determined by the Secretary, acting through the Natural Resources Conservation Service and in consultation with State technical committees. ``(C) Priority.--In designating bioenergy cropsheds under subparagraph (A), the Secretary shall give priority to-- ``(i) locations in which the establishment of bioenergy cropsheds is most likely, as determined by the Secretary, to result in-- ``(I) geographic diversity; ``(II) diversity of feedstocks; ``(III) net environmental benefit; and ``(IV) minimal environmental harm; and ``(ii) areas in which the existing or planned biorefinery is owned primarily by residents of a rural area. ``(2) Bioenergy crop transition assistance.-- ``(A) In general.--The Secretary, acting through the Natural Resources Conservation Service, shall offer to enter into contracts with producers on a farm in a bioenergy cropshed to provide bioenergy crop transition assistance to encourage the producers to produce bioenergy crops for a biorefinery located in the bioenergy cropshed. ``(B) Term of contract.--Contracts described in subparagraph (A) shall be for a term of 3 years. ``(3) Eligibility.-- ``(A) In general.--As a condition of entering into a bioenergy crop transition assistance contract, the producers on a farm shall, as determined by the Secretary-- ``(i) demonstrate that the producers are producing a bioenergy crop that is contracted for use by the biorefinery in the bioenergy cropshed; ``(ii) agree to meet the quality criteria for water quality, wildlife habitat, and soil quality by the end of the contract period; and ``(iii) agree to make available to the Secretary (or to an institution of higher education designated by the Secretary) such information as the Secretary considers to be appropriate-- ``(I) to promote the production of bioenergy crops and the development of biorefinery technology; and ``(II) to evaluate the bioenergy transition assistance. ``(B) Best practices database.--Subject to section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276), the Secretary shall make available to the public in a database format the best practices information developed by the Secretary in providing bioenergy transition assistance. ``(4) Amount of payments.--In determining the amount of annual bioenergy crop transition assistance to be paid to producers on a farm under this subsection, the Secretary shall consider-- ``(A) the cost of establishing the bioenergy crop; ``(B) the amount necessary to encourage producers on a farm to produce bioenergy crops in the quantity needed by the biorefinery in the bioenergy cropshed; ``(C) the amount that the producers on a farm would have earned if the producers had produced a crop other than a bioenergy crop; and ``(D) such other factors as the Secretary considers to be appropriate. ``(5) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $350,000,000 for the period of fiscal years 2008 through 2012, to remain available until expended.''. (c) Conforming Amendments.--Section 1770(d) of the Food Security Act of 1985 (7 U.S.C. 2276(d)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) section 9003(g) of the Farm Security and Rural Investment of 2002 (7 U.S.C. 8103(g))''. SEC. 3. CONSERVATION SECURITY PROGRAM. (a) Definition of Bioenergy Crops.--Section 1238 of the Food Security Act of 1985 (16 U.S.C. 3838) is amended-- (1) by redesignating paragraphs (3) through (15) as paragraphs (5) through (17), respectively; and (2) by inserting after paragraph (2) the following: ``(3) Bioenergy crop.--The term `bioenergy crop' has the meaning given the term in section 9003(b) of the Farm Security and Rural Investment of 2002 (7 U.S.C. 8103(b)). ``(4) Bioenergy producer.--The term `bioenergy producer' has the meaning given the term in section 9003(b) of the Farm Security and Rural Investment of 2002 (7 U.S.C. 8103(b)).''. (b) Conservation Security Contracts.--Section 1238C(b)(1)(C)(iii) of the Food Security Act of 1985 (16 U.S.C. 3838c(b)(1)(C)(iii)) is amended-- (1) in subclause (IV), by striking ``or'' at the end; (2) in subclause (V), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(VI) is a bioenergy producer and maintains and actively manages a conservation system that incorporates 2 or more native perennial bioenergy crop species; or ``(VII) is a bioenergy producer and participates in a bioenergy crop system research and demonstration project.''.

Farm-to-Fuel Investment Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Agriculture to designate as bioenergy cropsheds areas that are physically located within a 50-mile radius, or some other economically-practicable distance, from an existing or planned biorefinery. States that each designated bioenergy cropshed shall include local conservation objectives, including water quality, wildlife habitat, soil quality, and air quality. Directs the Secretary, through the Natural Resources Conservation Service, to offer to enter into contracts with producers on a farm in a bioenergy cropshed to provide bioenergy crop transition assistance to encourage the producers to produce bioenergy crops.

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