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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Veterans Health Care Access Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) One out of every six veterans who have returned from serving in Operation Enduring Freedom or Operation Iraqi Freedom have diagnosable post-traumatic stress disorder. (2) The Department of Veterans Affairs and the Department of Defense face a shortfall of trained mental health professionals. (3) The demands placed on the Department of Veterans Affairs health care system exceed the capacity of that system to serve veterans. (4) Veterans who live in rural areas serviced by distant Department of Veterans Affairs facilities have no option other than excessive travel for diagnosis and long-term treatment. (5) The variety of mental ailments acquired during or as a result of deployment in a war zone frequently require long- term, intensive, and highly-personalized care. (6) The system of the Veterans Health Administration of the Department of Veterans Affairs in effect as of the date of the enactment of this Act for providing long-term mental health care creates unnecessary and unacceptable stress for veterans and the Department of Veterans Affairs. (7) The long-term needs associated with mental health conditions require a positive change in the way the Department of Veterans Affairs provides mental health services. SEC. 3. PILOT PROGRAM TO PROVIDE MENTAL HEALTH SERVICES TO CERTAIN VETERANS OF CONTINGENCY OPERATIONS. (a) Establishment.--The Secretary of Veterans Affairs shall establish and carry out a pilot program to provide mental health counseling to eligible veterans at facilities other than medical facilities of the Department of Veterans Affairs. (b) Eligible Veteran.--For purposes of this section, the term ``eligible veteran'' means a veteran who-- (1) served on active duty in support of a contingency operation, as that term is defined in section 101(13) of title 10, United States Code; (2) is eligible to receive hospital care and medical services under section 1710 of title 38, United States Code; (3) has been diagnosed with a mental health condition for which a certified mental health provider has recommended the veteran receive mental health counseling; and (4) resides at least 30 miles from a medical facility of the Department of Veterans Affairs that employs a full-time mental health professional. (c) Provision of Vouchers.-- (1) Vouchers.-- (A) Six month supply.--Under the pilot program established under subsection (a), upon the request of an eligible veteran, the Secretary of Veterans Affairs shall issue to the eligible veteran a six-month supply of vouchers that may be used to provide for full payment for counseling services provided by any mental health provider on the list established under paragraph (2). (B) Additional vouchers.--If a veteran receives a supply of vouchers under the preceding sentence and, not later than five months after receiving such vouchers requests an additional six-month supply of vouchers, the Secretary may issue to the veteran an additional six-month supplies of vouchers, as the Secretary determines is appropriate. (C) Deadline.--The Secretary of Veterans Affairs shall issue the vouchers under this paragraph not later than 30 days after the date of the date on which the veteran requests the vouchers. (2) List of service providers.--The Secretary shall compile and maintain a list of mental health care providers, including family counseling providers, who have entered into an agreement with the Secretary to accept the vouchers issued under paragraph (1) as payment in full for visits to the provider for mental health counseling. (3) Compliance with department protocols.--Each mental health care provider on the list maintained by the Secretary under paragraph (2) shall comply with applicable protocols of the Department of Veterans Affairs before incurring any liability on behalf of the Department for the provision of services as part of the pilot program. (d) Family Counseling.--If a certified mental health provider or the Secretary of Veterans Affairs has recommended that an eligible veteran and the veteran's family receive family counseling, that veteran may use a voucher provided under subsection (c) as payment in full for visits to a family counseling provider on the list maintained under paragraph (2) of such subsection for such counseling. (e) Rate of Provider Reimbursement.--The Secretary of Veterans Affairs shall provide for payment under the voucher of a mental health provider at the reimbursement rate (if any) in effect under the TRICARE program under chapter 55, of title 10, United States Code, for such services (or similar services) of such a provider in the area or, in the absence of such a reimbursement rate, at the payment rates for such services (or similar services) in effect under part B of title XVIII of the Social Security Act. In order to receive payment under a voucher, a mental health provider shall submit to the Secretary the voucher bearing the signature of the provider and the veteran who received counseling from the provider in exchange for the voucher. (f) Veterans Integrated Service Networks.--The Secretary shall carry out the pilot program under this section in Veterans Integrated Service Networks 1, 4, 7, 12, 17, 20, and 23. (g) Termination; Extension.-- (1) Termination.--The authority of the Secretary to carry out a pilot program under this subsection shall terminate on the date that is five years after the date of enactment of this section. (2) Study; Extension.--Not later than four years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a study on the effectiveness of the pilot program under this section, in which the Secretary shall recommend whether the program should be extended or expanded. Notwithstanding paragraph (1), if the Secretary determines the program should be extended or expanded, the Secretary may extend or expand the existing program.

Rural Veterans Health Care Access Act of 2007 - Directs the Secretary of Veterans Affairs (Secretary) to establish and implement a pilot program to provide mental health counseling services to eligible veterans at non-Department of Veterans Affairs (VA) medical facilities. Defines "eligible veteran" as one who: (1) served on active duty in support of a contingency operation; (2) is eligible to receive hospital care and medical services; (3) has been diagnosed with a mental health condition and recommended to receive mental health counseling; and (4) resides at least 30 miles from a VA medical facility that employs a full-time mental health professional. Requires the Secretary to issue to an eligible veteran a six-month supply of vouchers to be used to pay for counseling (including family counseling) services provided by the mental health provider. Requires the Secretary to conduct a study on the effectiveness of the pilot program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners' Emergency Mortgage Assistance Act''. SEC. 2. MORTGAGE EMERGENCY ASSISTANCE PROGRAM. (a) In General.--The Secretary shall establish a program to make payments on a mortgage for a 1- to 4-family residence when-- (1) the mortgagee has given the mortgagor notice in accordance with section 3(b) that it intends to foreclose the mortgage; (2) at least 2 full monthly installments due on the mortgage are unpaid after the application of any partial payments that may have been accepted but not yet applied to the mortgage account; (3) the mortgagor is suffering financial hardship due to circumstances beyond the control of the mortgagor which render the mortgagor unable to correct the delinquency on the mortgage and unable to make full mortgage payments before the expiration of the 60-day period beginning on the date that notice was sent to the mortgagor in accordance with section 3(b); (4) there is a reasonable prospect that the mortgagor will be able to resume full mortgage payments not later than 36 months after the beginning of the period for which assistance payments are provided and to pay the mortgage in full by its maturity date or by a later date agreed upon by the mortgagee; (5) the property mortgaged is the mortgagor's principal place of residence; (6) the mortgagor does not own other residential property which is subject to a mortgage; (7) the mortgagor has applied to the Secretary for assistance in accordance with section 4; and (8) the mortgagor has not been more than 60 days in arrears on a residential mortgage within the 2-year period preceding the delinquency for which assistance is requested, unless the mortgagor can demonstrate that the prior delinquency was the result of financial hardship due to circumstances beyond the control of the mortgagor. (b) Effect of Finding of Ineligibility.--If, after reviewing an application for assistance submitted in accordance with section 4, the Secretary determines that the mortgagor has not met the conditions of eligibility described in subsection (a), the mortgagor shall be prohibited from reapplying for assistance under this Act until the expiration of the 6-month period beginning on the date of such determination unless there is a material change in the financial circumstances of the mortgagor. (c) Determination Relating to Financial Hardship.--In determining whether a financial hardship (which may be caused by a reduction in income or an increase in expenses, or both) is due to circumstances beyond the control of a mortgagor, the Secretary may consider information regarding the mortgagor's employment record, credit history, and current income. Such circumstances shall include, but not be limited to-- (1) loss of job of a member of the household; (2) salary, wage, or earnings reduction of a member of the household; (3) injury, disability, or illness of a member of the household; (4) divorce or separation in the household; or (5) death of a member of the household. (d) Housing Counseling Agencies.--The Secretary shall designate and approve nonprofit housing counseling agencies in each State to be available to assist the Secretary in implementing the program established pursuant to subsection (a) of this section and to section 4(b)(1)(A). Nonprofit housing agencies designated and approved under this subsection shall provide assistance to an eligible mortgagor during the entire period that such mortgagor receives assistance under this Act. SEC. 3. LEGAL ACTION. (a) Conditions Under Which Legal Action Is Prohibited.--Except as otherwise provided in the Act, a mortgagee of a mortgage for a 1- to 4- family residence may not accelerate the maturity of or commence any legal action regarding such a mortgage (including, but not limited to, mortgage foreclosure to recover under such obligation) or take possession of any security of the mortgagor for such mortgage obligation unless the mortgagee has sent to the mortgagor notice pursuant to subsection (b). In addition, the mortgagee may not take such action-- (1) before the expiration of the 30-day period beginning on the date that notice of the intent to take such action was sent to the mortgagor in accordance with subsection (b); (2) before the expiration of the 30-day period beginning on the date of the initial meeting between the mortgagor and an approved counseling agency held in accordance with section 4(a); (3) if an application for such assistance under this Act has been submitted to the Secretary on behalf of the mortgagor and such application-- (A) is pending; or (B) has been approved but payments have not yet been made toward the mortgage; or (4) if payment toward the mortgage is being made under this Act. (b) Requirements of Notice.--The Secretary shall issue regulations that include, but are not limited to, a uniform notice under this section. Such notice shall be in plain language and shall-- (1) inform the mortgagor in large bold type that he or she may be eligible for temporary assistance in making mortgage payments; (2) include an explanation of the mortgage assistance program under this Act; (3) inform the mortgagor that to apply for mortgage assistance, he or she shall attend a meeting in accordance with section 4(a) within 30 days of the date of the notice; (4) include the legal action intended and the basis therefore; (5) include a list of approved counseling agencies located in the State in which the mortgagor resides; (6) be sent via first class mail to the last known address of the mortgagor; and (7) be subject to such other requirements as prescribed by the Secretary. SEC. 4. APPLICATION FOR ASSISTANCE. (a) Meeting.-- (1) In general.--To apply for assistance under this Act, not later than 30 days after receiving notice in accordance with section 3(b), a mortgagor shall attend a face-to-face meeting with the mortgagee or an approved counseling agency to attempt to prevent legal action for which the notice was sent by restructuring the mortgage payment schedule. A meeting under this paragraph may be conducted over the telephone under circumstances prescribed by the Secretary. (2) Notice.--If the mortgagor meets with the approved counseling agency within the period specified in paragraph (1), the approved counseling agency shall send notice of the meeting which includes, but is not limited to, the date of the meeting, to the mortgagee not later than 5 business days after the meeting. (b) Preparation; Submission.-- (1) In general.--If the mortgagor is not able to resolve the default and prevent foreclosure before the expiration of the 30-day period beginning on the date of the meeting, the mortgagor may file an application for mortgage assistance under this Act. At the request of the mortgagor, an approved counseling agency shall-- (A) assist the mortgagor in preparing an application for assistance under this Act; and (B) not later than 30 days after the mortgagor initially requests assistance in the preparation of the application, submit the completed application to the Secretary. (2) Fees.--The Secretary may pay approved counseling agencies a fee, in an amount determined by the Secretary, for rendering assistance pursuant to this Act. (c) Notice to Mortgagee.--If the approved counseling agency submits an application for assistance to the Secretary on behalf of a mortgagor, the approved counseling agency shall, not later than 5 business days after submitting the application, inform the mortgagee of the date that the application was submitted. (d) Form; Contents.--An application for assistance under this Act shall be submitted on a form prescribed by the Secretary and shall include a financial statement disclosing all assets and liabilities of the mortgagor, whether singly or jointly held, and all household income regardless of source. (e) Effect of Misrepresentation.--A mortgagor who intentionally misrepresents any financial information in connection with the filing of an application for assistance under this Act may be denied assistance and required to immediately repay any amount of assistance received, and the mortgagee may, at any time thereafter, take any legal action to enforce the mortgage without any further restrictions or requirements under this Act. (f) Availability.--An application for assistance under this Act may be obtained from an approved counseling agency. (g) Determination on Application.-- (1) Time period.--The Secretary shall determine eligibility of a mortgagor for assistance under this Act not later than 60 days after receipt of the application of the mortgagor. (2) Notification.--Not later than 5 business days after making the determination on an application for assistance, the Secretary shall notify the mortgagor and the mortgagee as to whether the application has been approved or disapproved. SEC. 5. ASSISTANCE PAYMENTS BY SECRETARY. (a) Amount To Bring Mortgage Current.--If the Secretary determines that a mortgagor is eligible for assistance under this Act and the Secretary approves such mortgagor for assistance, the Secretary shall pay to the mortgagee from any amounts made available to carry out this Act the full amount due to the mortgagee pursuant to the terms of the mortgage without regard to any acceleration under the mortgage, or the full amount of any alternative mortgage payments agreed to by the mortgagee and mortgagor on the date that the application is approved by the Secretary. This amount shall include the amount of principal, interest, taxes, assessments, ground rents, hazard insurance, any mortgage insurance or credit insurance premiums, and reasonable attorneys' fees incurred by such mortgagee in relation to the arrearage. (b) Monthly Assistance Payments.-- (1) In general.--The Secretary shall make monthly mortgage assistance payments to the mortgagee on behalf of the mortgagor pursuant to this Act. (2) Obligation of the mortgagor.--A mortgagor on whose behalf the Secretary is making the mortgage assistance payments shall pay monthly payments to the Secretary. Such payments shall be in an amount which will cause the mortgagor's total housing expense not to exceed 35 percent of the mortgagor's net effective income. This shall be the maximum amount the mortgagor can be required to pay during the 36 months a mortgagor is eligible for mortgage assistance. (3) Obligation of the secretary.--Upon receipt of this payment from the mortgagor, the Secretary or the Secretary's duly authorized agent shall send the total mortgage payment directly to the mortgagee. (c) Review Upon Delinquency.--If the mortgagor fails to pay to the Secretary any amounts due directly from the mortgagor under this section not later than 15 days after such due date, the Secretary or its designated agent shall review the mortgagor's financial circumstances to determine whether a delinquency in payments due from the mortgagor under this section or section 6 is the result of a change in the mortgagor's financial circumstances since the payment amount was last determined. If the delinquency is not the result of a change in the mortgagor's financial circumstances, the Secretary shall terminate future mortgage assistance payments and the mortgagee may, at any time thereafter, take any legal action to enforce its mortgage without any further restriction or requirement. If the delinquency is the result of such a change, the Secretary shall modify the mortgagor's required payments to the Secretary as the Secretary shall determine. (d) Period for Assistance.--Payments under this Act shall be provided for a period not to exceed 36 months, either consecutively or nonconsecutively. The Secretary shall establish procedures for periodic review of the mortgagor's financial circumstances for the purpose of determining the necessity for continuation, termination, or adjustment of the amount of the payments. SEC. 6. REPAYMENT OF ASSISTANCE. (a) Assistance Loan.--The amount by which the assistance payments made by the Secretary to the mortgagee exceeds the amount of payments made by the mortgagor to the Secretary shall be a loan by the Secretary to the mortgagor. The loan shall be evidenced by such documents as the Secretary shall determine necessary to protect the interests of the United States. (b) Repayment of Assistance Loan.--Before making assistance payments under this Act on behalf of a mortgagor, the Secretary shall enter into an agreement with the mortgagor for repayment of all mortgage assistance made by the Secretary under section 5, plus interest as provided in subsection (c). The agreement shall provide for monthly payments by the mortgagor to the Secretary which (1) shall begin once the Secretary has determined that continuation of mortgage assistance payments to the mortgagee is unnecessary, and (2) shall be in an amount determined as follows: (1) Housing expense less than 35 percent.--If the mortgagor's total housing expense is less than 35 percent of the mortgagor's net effective income, the mortgagor shall pay to the Secretary the difference between 35 percent of the mortgagor's net effective income and the mortgagor's total housing expense unless otherwise determined by the Secretary after examining the mortgagor's financial circumstances and ability to contribute to repayment of the mortgage assistance. (2) Housing expense greater than 35 percent.--If the mortgagor's total housing expense is more than 35 percent of the mortgagor's net effective income, repayment of the mortgage assistance shall be deferred until the mortgagor's total housing expense is less than 35 percent of the mortgagor's net effective income. (3) When mortgage paid in full.--Notwithstanding paragraphs (1) and (2), if repayment of mortgage assistance is not made by the date that the mortgage is paid in full, the mortgagor shall make mortgage assistance repayments in an amount not less than the previous regular mortgage payment until the mortgage assistance is repaid. (c) Interest.--Interest shall accrue on all mortgage assistance made under this Act at the rate determined monthly by the Secretary of the Treasury to be equal to the then current average yield on outstanding 30-year bonds issued by the Secretary of the Treasury under section 3102 of title 31, United States Code, and shall accrue only during the period in which the mortgagor is required to make repayment under this section. (d) Lien To Secure Repayment of Assistance.--Repayment of amounts owed to the Secretary from a mortgagor shall be secured by a mortgage lien on the property and by such other obligation as the Secretary may require. The lien or other security interest of the Secretary shall not be deemed to take priority over any other secured lien or secured interest in effect against the mortgagor's property on the date assistance payments begin. The Secretary may allow subordination of the mortgage assistance lien only if such subordination is necessary to permit the mortgagor to obtain a home improvement loan for repairs necessary to preserve the property. (e) Time for Repayment.--Payments under this section shall be made by the mortgagor to the Secretary not later than 14 days after each mortgage payment is due under the mortgage (or in the case of repayment after the mortgage has been paid in full, not later than the date the mortgage payments were due under the mortgage). SEC. 7. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Approved counseling agency.--The term ``approved counseling agency'' means a nonprofit housing counseling agency approved by the Secretary pursuant to section 2(e). (2) Gross household income.--The term ``gross household income'' means the total income of a mortgagor, the mortgagor's spouse, children residing in the same residence as the mortgagor, and any other person living in such residence that is declared by the mortgagor as a dependent for Federal income tax purposes. (3) Household.--The term ``household'' means a mortgagor, the mortgagor's spouse, children residing in the same residence as the mortgagor, and any other person living in such residence that is declared by the mortgagor as a dependent for Federal income tax purposes. (4) Housing expense.--The term ``housing expense'' means the sum of the mortgagor's monthly maintenance, utility, and hazard insurance expense, taxes, and required mortgage payments, including escrows. (5) Mortgagee; mortgagor.--The terms ``mortgagee'' and ``mortgagor'' have the meanings given such terms in section 201 of the National Housing Act (12 U.S.C. 1707). (6) Net effective income.--The term ``net effective income'' means the gross household income of the mortgagor, less city, State, and Federal income and social security taxes. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for each fiscal year such sums as may be necessary to provide assistance under this Act and for costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of such assistance.

Homeowners' Emergency Mortgage Assistance Act - Directs the Secretary of Housing and Urban Development to establish a mortgage emergency assistance program for a mortgage for a one- to four-family residence whose mortgagor is temporarily unable to meet payment obligations due to financial hardship beyond the mortgagor's control. Prohibits an mortgagee from accelerating the maturity of or commencing any legal action regarding a mortgage (including foreclosure) or taking possession of any mortgagor security: (1) unless the mortgagee meets certain notice and other specified conditions; or (2) if the mortgagor has applied for or is receiving assistance under this Act. Requires mortgagor repayment of such assistance, plus interest.

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SECTION 1. DEFINITIONS. In this Act, the following definitions apply: (1) Route 66 corridor.--The term ``Route 66 corridor'' means structures and other cultural resources described in paragraph (3), including-- (A) lands owned by the Federal Government and lands owned by a State or local government within the immediate vicinity of those portions of the highway formerly designated as United States Route 66; and (B) private land within that immediate vicinity that is owned by persons or entities that are willing to participate in the programs authorized by this Act. (2) Cultural resource programs.--The term ``Cultural Resource Programs'' means the programs established and administered by the National Park Service for the benefit of and in support of preservation of the Route 66 corridor, either directly or indirectly. (3) Preservation of the route 66 corridor.--The term ``preservation of the Route 66 corridor'' means the preservation or restoration of structures or other cultural resources of businesses, sites of interest, and other contributing resources that-- (A) are located within the land described in para- graph (1); (B) existed during the route's period of outstanding historic significance (principally between 1926 and 1970), as defined by the study prepared by the National Park Service and entitled ``Special Resource Study of Route 66'', dated July 1995; and (C) remain in existence as of the date of the enactment of this Act. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Cultural Resource Programs at the National Park Service. (5) State.--The term ``State'' means a State in which a portion of the Route 66 corridor is located. SEC. 2. MANAGEMENT. (a) In General.--The Secretary, in collaboration with the entities described in subsection (c), shall facilitate the development of guidelines and a program of technical assistance and grants that will set priorities for the preservation of the Route 66 corridor. (b) Designation of Officials.--The Secretary shall designate officials of the National Park Service stationed at locations convenient to the States to perform the functions of the Cultural Resource Programs under this Act. (c) General Functions.--The Secretary shall-- (1) support efforts of State and local public and private persons, nonprofit Route 66 preservation entities, Indian tribes, State Historic Preservation Offices, and entities in the States for the preservation of the Route 66 corridor by providing technical assistance, participating in cost-sharing programs, and making grants; (2) act as a clearinghouse for communication among Federal, State, and local agencies, nonprofit Route 66 preservation entities, Indian tribes, State historic preservation offices, and private persons and entities interested in the preservation of the Route 66 corridor; and (3) assist the States in determining the appropriate form of and establishing and supporting a non-Federal entity or entities to perform the functions of the Cultural Resource Programs after those programs are terminated. (d) Authorities.--In carrying out this Act, the Secretary may-- (1) enter into cooperative agreements, including (but not limited to) cooperative agreements for study, planning, preservation, rehabilitation, and restoration related to the Route 66 corridor; (2) accept donations of funds, equipment, supplies, and services as appropriate; (3) provide cost-share grants for projects for the preservation of the Route 66 corridor (but not to exceed 50 percent of total project costs) and information about existing cost-share opportunities; (4) provide technical assistance in historic preservation and interpretation of the Route 66 corridor; and (5) coordinate, promote, and stimulate research by other persons and entities regarding the Route 66 corridor. (e) Preservation Assistance.-- (1) In general.--The Secretary shall provide assistance in the preservation of the Route 66 corridor in a manner that is compatible with the idiosyncratic nature of the Route 66 corridor. (2) Planning.--The Secretary shall not prepare or require preparation of an overall management plan for the Route 66 corridor, but shall cooperate with the States and local public and private persons and entities, State historic preservation offices, nonprofit Route 66 preservation entities, and Indian tribes in developing local preservation plans to guide efforts to protect the most important or representative resources of the Route 66 corridor. SEC. 3. RESOURCE TREATMENT. (a) Technical Assistance Program.-- (1) Program required.--The Secretary shall develop a program of technical assistance in the preservation of the Route 66 corridor and interpretation of the Route 66 corridor. (2) Program guidelines.--As part of the technical assistance program under paragraph (1), the Secretary shall establish guidelines for setting priorities for preservation needs for the Route 66 corridor. The Secretary shall base the guidelines on the Secretary's standards for historic preservation. (b) Program for Coordination of Activities.-- (1) In general.--The Secretary shall coordinate a program of historic research, curation, preservation strategies, and the collection of oral and video histories of events that occurred along the Route 66 corridor. (2) Design.--The program under paragraph (1) shall be designed for continuing use and implementation by other organizations after the Cultural Resource Programs are terminated. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for the period of fiscal years 2000 through 2009 to carry out the purposes of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary of the Interior to: (1) facilitate the development of guidelines and a program of technical assistance and grants that will set priorities for the preservation of the Route 66 corridor; (2) designate National Park Service (NPS) officials to perform the functions of the Cultural Resource Programs support cultural resources related to the corridor; (3) support efforts of State and local public and private persons, nonprofit Route 66 preservation entities, Indian tribes, State Historic Preservation Offices, and entities in the States to preserve the corridor by providing technical assistance, participating in cost-sharing programs, and making grants; (4) act as a clearinghouse for communication among such parties and Federal, State, and local agencies; and (5) assist the States in determining the appropriate form of, and establishing and supporting, a non-Federal entity or entities to perform the functions of the Cultural Resource Programs after those programs are terminated. Authorizes the Secretary to: (1) enter into cooperative agreements; (2) accept donations of funds, equipment, supplies, and services as appropriate; (3) provide cost-share grants for up to 50 percent of projects for the preservation of the corridor and information about existing cost-share opportunities and technical assistance in the corridor's historic preservation and interpretation; and (4) coordinate, promote, and stimulate research by other persons and entities regarding the corridor. Requires the Secretary: (1) to provide assistance in the preservation of the corridor that is compatible with the idiosyncratic nature of the highway; (2) not to prepare or require an overall management plan, but to cooperate with public and private entities in developing local preservation plans to guide efforts to protect the most important or representative resources of the corridor; (3) to develop a technical assistance program in the preservation and interpretation of the corridor, including guidelines for setting priorities for preservation needs; and (4) to coordinate a program of historic research, curation, preservation strategies, and collection of oral and video histories of events that occurred along the corridor designed for continuing use after the Cultural Resource Programs are terminated. Authorizes appropriation.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Abuse Prevention Act of 2005''. SEC. 2. PURPOSE. It is the purpose of this Act to stop ensuring that lenders in the Federal Family Education Loan Program continue to receive extraordinary and unnecessary taxpayer subsidies, to make public college tuition free for future mathematics, science, and special education teachers, and to provide additional assistance to students eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.). SEC. 3. ENDING THE 9.5 PERCENT GUARANTEED RATE OF RETURN ON FEDERAL FAMILY EDUCATION LOANS. (a) Technical Correction.--Section 2 of the Taxpayer-Teacher Protection Act of 2004 (Public Law 108-409; 118 Stat. 2299) is amended in the matter preceding paragraph (1) by inserting ``of the Higher Education Act of 1965'' after ``Section 438(b)(2)(B)''. (b) Prospective Special Allowances.-- (1) In general.--Section 438(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)), as amended by the Taxpayer-Teacher Protection Act of 2004, is amended-- (A) in clause (iv), by striking ``1993, or refunded after September 30, 2004, and before January 1, 2006, the'' and inserting ``1993, or refunded on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004, the''; and (B) by striking clause (v) and inserting the following: ``(v) Notwithstanding clauses (i) and (ii), the quarterly rate of the special allowance shall be the rate determined under subparagraph (A), (E), (F), (G), (H), or (I) of this paragraph, or paragraph (4), as the case may be, for loans-- ``(I) originated, transferred, or purchased on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004; ``(II) financed by an obligation that has matured, been retired, or defeased on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004; ``(III) which the special allowance was determined under such subparagraphs or paragraph, as the case may be, on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004; ``(IV) for which the maturity date of the obligation from which funds were obtained for such loans was extended on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004; or ``(V) sold or transferred to any other holder on or after the date of enactment of the Taxpayer-Teacher Protection Act of 2004.''. (2) Rule of construction.--Nothing in the amendment made by paragraph (1) shall be construed to abrogate a contractual agreement between the Federal Government and a student loan provider. (c) Prepayment of Current Loans.-- (1) In general.--The Secretary of Education shall encourage a borrower to consolidate such borrower's loans under section 428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g)) if 1 or more of such loans is a loan for which the holder of the loan is entitled to a special allowance payment determined under section 438(b)(2)(B) of such Act (20 U.S.C. 1087-1(b)(2)(B)) that ensures the holder a minimum 9.5 percent rate of return on such loan, by offering the borrower an incentive, as described in paragraph (2). (2) Incentive.--Except as provided in paragraph (3), an incentive to a borrower regarding a loan for which the holder of the loan is entitled to a special allowance payment determined under section 438(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) that ensures the holder a minimum 9.5 percent rate of return on such loan, shall take the form of-- (A) an immediate $1,000 reduction in the principal of such loan; or (B) not less than a 1-percent reduction in the interest rate payments on such loan. (3) Exception.--The Secretary of Education shall not offer an incentive under paragraph (2) to a borrower of a loan described in such paragraph if offering the incentive will increase the long-term costs to the Federal Government of such loan. SEC. 4. TUITION-FREE COLLEGE FOR FUTURE MATHEMATICS, SCIENCE, AND SPECIAL EDUCATION TEACHERS. (a) Additional Amounts for Teachers in Mathematics, Science, and Special Education.-- (1) FFEL loans.--Section 428J(c)(3) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(c)(3)) is amended by striking ``$17,500'' and inserting ``$23,000''. (2) Direct loans.--Section 460(c)(3) of the Higher Education Act of 1965 (20 U.S.C. 1087j(c)(3)) is amended by striking ``$17,500'' and inserting ``$23,000''. (b) Effective Date.--The amendments made by this section shall apply only with respect to eligible individuals who are new borrowers on or after October 1, 1998. SEC. 5. INCREASED GRANT AID TO PELL GRANT RECIPIENTS. (a) In General.--Any funds available to the Secretary of Education as a result of reduced expenditures under section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1) secured by the enactment of section 3 shall first be used by the Secretary for loan cancellation and loan forgiveness for teachers under sections 428J and 460 of the Higher Education Act of 1965 (20 U.S.C. 1078-10 and 1087j), as amended by section 4. (b) Remaining Funds.-- (1) In general.--Any such funds remaining after carrying out subsection (a) shall be used by the Secretary of Education to make payments to each nonprofit lender in an amount that bears the same relation to the remaining funds as the amount the nonprofit lender receives for fiscal year 2005 under section 438(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) bears to the total amount received by nonprofit lenders for fiscal year 2005 under such section. (2) Definition of nonprofit lender.--In this subsection, the term ``nonprofit lender'' means an eligible lender (as defined in section 435(d) of the Higher Education Act of 1965 (20 U.S.C. 1085(d)) that-- (A) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986; (B) is a nonprofit entity as defined by applicable State law; and (C) meets the following requirements: (i) The nonprofit lender does not confer a salary or benefits to any employee of the nonprofit lender in an amount that is in excess of the salary and benefits provided to the Secretary of Education by the Department of Education. (ii) The nonprofit lender does not maintain an ongoing relationship whereby the nonprofit lender passes on revenue directly or indirectly through lease, securitization, resale, or any other financial instrument to a for-profit entity or to shareholders. (iii) The nonprofit lender does not offer benefits to a borrower in a manner directly or indirectly predicated on such borrower's participation-- (I) in a program under part B or D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq. and 1087a et seq.); or (II) with any particular lender. (iv) The nonprofit lender certifies that the nonprofit lender uses the payment received pursuant to paragraph (1) to confer grant or scholarship benefits to students who are eligible to receive Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.). (v) The nonprofit lender is subject to public oversight through either a State charter or through not less than 50 percent of the nonprofit lender's board of directors consisting of State-appointed representatives. (vi) The nonprofit lender does not engage in the marketing of the relative value of programs under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) as compared to programs under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), nor does the nonprofit lender engage in the marketing of loans or programs offered by for-profit lenders. This clause shall not be construed to prohibit the nonprofit lender from conferring basic information on lenders under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) and the related benefits offered by such nonprofit lenders.

Student Loan Abuse Prevention Act of 2005 - Amends the Higher Education Act of 1965 as amended by the Taxpayer-Teacher Protection Act of 2004 (HEA) to reduce special allowance payments to holders of student loans by making permanent the ending of a 9.5% minimum guaranteed rate of return to such holders. Directs the Secretary of Education to give incentives, in the form of certain reductions in principal or interest rate, to borrowers to consolidate any current loans for which the holder is entitled to a special allowance that ensures such a 9.5 rate of return, provided such an incentive does not increase the cost of such loan to the federal government. Increases to $23,000 the maximum amount of student loan forgiveness under the Federal Family Education Loan and the Federal Direct Student Loan programs for certain eligible teachers of: (1) mathematics or science in secondary schools; and (2) special education in elementary and secondary schools. Directs the Secretary to use funds available from reduced expenditures resulting from this Act's reduction of special allowances to loan holders, as follows: (1) first, for the student loan cancellation and forgiveness programs for teachers under HEA as amended by this Act; and (2) then, the remainder for payments to nonprofit lenders meeting certain criteria and using such payments to confer grant or scholarship benefits on students eligible for Federal Pell Grants.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Super-Efficient Appliance Incentives and Market Transformation Act of 2007''. SEC. 2. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR APPLIANCES PRODUCED AFTER 2007. (a) In General.--Section 45M of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 45M. ENERGY EFFICIENT APPLIANCE CREDIT. ``(a) General Rule.-- ``(1) In general.--For purposes of section 38, the energy efficient appliance credit determined under this section for any taxable year is an amount equal to the sum of the credit amounts determined under paragraph (2) for each type of qualified energy efficient appliance produced by the taxpayer during the calendar year ending with or within the taxable year. ``(2) Credit amounts.--The credit amount determined for any type of qualified energy efficient appliance is-- ``(A) the applicable amount determined under subsection (b) with respect to such type, multiplied by ``(B) the eligible production for such type. ``(b) Applicable Amount.--For purposes of subsection (a)-- ``(1) Dishwashers.--The applicable amount is-- ``(A) $45 in the case of a residential model dishwasher which-- ``(i) is manufactured in calendar year 2008 or 2009, and ``(ii) uses not more than 324 kilowatt hours per year and 5.8 gallons per cycle, and ``(B) $75 in the case of a residential model dishwasher which-- ``(i) is manufactured in calendar year 2008, 2009, or 2010, and ``(ii) uses not more than 307 kilowatt hours per year and 5.0 gallons per cycle (5.5 gallons for dishwashers designed for greater than 12 place settings). ``(2) Clothes washers.--The applicable amount is-- ``(A) $75 in the case of a residential model top- loading clothes washer which-- ``(i) is manufactured in calendar year 2008, and ``(ii) meets or exceeds a 1.72 MEF and does not exceed an 8.0 water consumption factor, ``(B) $125 in the case of a residential model top- loading clothes washer which-- ``(i) is manufactured in calendar year 2008 or 2009, and ``(ii) meets or exceeds a 1.8 MEF and does not exceed a 7.5 water consumption factor, ``(C) $150 in the case of a residential or commercial model clothes washer which-- ``(i) is manufactured in calendar year 2008, 2009, or 2010, and ``(ii) meets or exceeds 2.0 MEF and does not exceed a 6.0 water consumption factor, and ``(D) $250 in the case of a residential or commercial model clothes washer which-- ``(i) is manufactured in calendar year 2008, 2009, or 2010, and ``(ii) meets or exceeds 2.2 MEF and does not exceed a 4.5 water consumption factor. ``(3) Refrigerators.--The applicable amount is-- ``(A) $50 in the case of a residential model refrigerator which-- ``(i) is manufactured in calendar year 2008, and ``(ii) consumes at least 20 percent, but not more than 22.9 percent, less kilowatt hours per year than the 2001 energy conservation standards, ``(B) $75 in the case of a residential model refrigerator which-- ``(i) is manufactured in calendar year 2008 or 2009, and ``(ii) consumes at least 23 percent, but not more than 24.9 percent, less kilowatt hours per year than the 2001 energy conservation standards, ``(C) $100 in the case of a residential model refrigerator which-- ``(i) is manufactured in calendar year 2008, 2009, or 2010, and ``(ii) consumes at least 25 percent, but not more than 29.9 percent, less kilowatt hours per year than the 2001 energy conservation standards, and ``(D) $200 in the case of a residential model refrigerator which-- ``(i) is manufactured in calendar year 2008, 2009, or 2010, and ``(ii) consumes at least 30 percent less kilowatt hours per year than the 2001 energy conservation standards. ``(4) Dehumidifiers.--The applicable amount is-- ``(A) $15 in the case of a dehumidifier which-- ``(i) is manufactured in calendar year 2008, and ``(ii) has a capacity less than or equal to 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012, and ``(B) $25 in the case of a dehumidifier which-- ``(i) is manufactured in calendar year 2008, and ``(ii) has a capacity greater than 45 pints per day and is 7.5 percent more efficient than such conservation standard. ``(c) Eligible Production.--The eligible production in a calendar year with respect to each type of qualified energy efficient appliance is the excess of-- ``(1) the number of appliances of such type which are produced by the taxpayer for sale within the United States during such calendar year, over ``(2) the average number of appliances of such type which were produced by the taxpayer (or any predecessor) for sale within the United States during the preceding 2-calendar year period. ``(d) Types of Qualified Energy Efficient Appliances.--For purposes of this section, the types of qualified energy efficient appliances are-- ``(1) dishwashers described in subsection (b)(1), ``(2) clothes washers described in subsection (b)(2), ``(3) refrigerators described in subsection (b)(3), and ``(4) dehumidifiers described in subsection (b)(4). ``(e) Limitations.-- ``(1) Aggregate credit amount allowed.--Except as provided in paragraph (2), the aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $100,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years beginning after December 31, 2007. ``(2) Amount allowed for certain clothes washers and refrigerators.--For purposes of paragraph (1), clothes washers described in subsection (b)(2)(D) and refrigerators described in subsection (b)(3)(D) shall not be taken into account. ``(3) Limitation based on gross receipts.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 2 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined beginning after December 31, 2007. ``(4) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(f) Definitions.--For purposes of this section: ``(1) Dishwasher.--The term `dishwasher' means a dishwasher subject to the energy conservation standards established by the Department of Energy. ``(2) Clothes washer.--The term `clothes washer' includes a clothes washer subject to the energy conservation standards established by the Department of Energy. ``(3) Top-loading clothes washer.--The term `top-loading clothes washer' means a clothes washer with the clothes container compartment access located on the top of the machine. ``(4) Refrigerator.--The term `refrigerator' means an automatic defrost refrigerator-freezer which has an internal volume of at least 16.5 cubic feet. ``(5) Dehumidifier.--The term `dehumidifier' means a self- contained, electrically operated, and mechanically refrigerated encased assembly consisting of-- ``(A) a refrigerated surface that condenses moisture from the atmosphere, ``(B) a refrigerating system, including an electric motor, ``(C) an air-circulating fan, and ``(D) means for collecting or disposing of condensate. ``(6) Gallons per cycle.--The term `gallons per cycle' means the amount of water, expressed in gallons, required to complete a normal cycle of a dishwasher. ``(7) MEF.--The term `MEF' means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standard. ``(8) Water consumption factor.--The term `water consumption factor' means the quotient of the total weighted per-cycle water consumption divided by the cubic foot capacity of the clothes washer. ``(9) 2001 energy conservation standard.--The term `2001 energy conservation standard' means the energy conservation standards promulgated by the Department of Energy and effective July 1, 2001. ``(g) Special Rules.--For purposes of this section: ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. ``(2) Controlled group.-- ``(A) In general.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single producer. ``(B) Inclusion of foreign corporations.--For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. ``(3) Verification.--No amount shall be allowed as a credit under subsection (a) with respect to which the taxpayer has not submitted such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary.''. (b) Credit Allowed Against the Alternative Minimum Tax.--Section 38(c)(4)(B) of the Internal Revenue Code of 1986 (relating to specified credits) is amended-- (1) by striking ``and'' at the end of clause (i), (2) by striking the period at the end of clause (ii)(II) and inserting ``, and'', and (3) by adding at the end the following new clause: ``(iii) for taxable years beginning after December 31, 2007, the credit determined under section 45M.''. (c) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2007.

Super-Efficient Appliance Incentives and Market Transformation Act of 2007 - Amends the Internal Revenue Code to modify the applicable amount of the tax credit for energy efficient appliances (i.e., dishwashers, clothes washers, refrigerators, and dehumidifiers that restrict water and energy consumption) produced after 2007.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Affordable Vocational and Collegiate Education (SAVE) Act.'' SEC. 2. DEDUCTION FOR PAYMENTS TO QUALIFIED STATE TUITION PROGRAMS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. PAYMENTS TO QUALIFIED STATE TUITION PROGRAMS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid by the taxpayer during the taxable year to any qualified State tuition program (as defined in section 529) for the benefit of any designated beneficiary (as defined in such section). ``(b) Dollar Limitation.--The deduction allowed by subsection (a) for the taxable year shall not exceed $5,000 ($10,000 in the case of a joint return).'' (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of such Code is amended by inserting after paragraph (17) the following new paragraph: ``(18) Payments to qualified state tuition programs.--The deduction allowed by section 222.'' (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting: ``Sec. 222. Payments to qualified State tuition programs. ``Sec. 223. Cross reference.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED STATE TUITION PROGRAMS. (a) In General.--Section 529(c)(3)(B) of the Internal Revenue Code of 1986 (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--For purposes of this paragraph-- ``(i) In-kind distributions.--No amount shall be includible in gross income under subparagraph (A) by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense. ``(ii) Cash distributions.--In the case of distributions not described in clause (i), if-- ``(I) such distributions do not exceed the qualified higher education expenses (reduced by expenses described in clause (i)), no amount shall be includible in gross income, and ``(II) in any other case, the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such expenses bear to such distributions. ``(iii) Treatment as distributions.--Any benefit furnished to a designated beneficiary under a qualified State tuition program shall be treated as a distribution to the beneficiary for purposes of this paragraph. ``(iv) Coordination with hope and lifetime learning credits.--The total amount of qualified higher education expenses with respect to an individual for the taxable year shall be reduced-- ``(I) as provided in section 25A(g)(2), and ``(II) by the amount of such expenses which were taken into account in determining the credit allowed to the taxpayer or any other person under section 25A. ``(v) Coordination with education individual retirement accounts.--If, with respect to an individual for any taxable year-- ``(I) the aggregate distributions to which clauses (i) and (ii) and section 530(d)(2)(A) apply, exceed ``(II) the total amount of qualified higher education expenses otherwise taken into account under clauses (i) and (ii) (after the application of clause (iv)) for such year, the taxpayer shall allocate such expenses among such distributions for purposes of determining the amount of the exclusion under clauses (i) and (ii) and section 530(d)(2)(A).''. (b) Conforming Amendments.-- (1) Section 135(d)(2)(B) of such Code is amended by striking ``the exclusion under section 530(d)(2)'' and inserting ``the exclusions under sections 529(c)(3)(B)(i) and 530(d)(2)''. (2) Section 221(e)(2)(A) of such Code is amended by inserting ``529,'' after ``135,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Securing Affordable Vocational and Collegiate Education (SAVE) Act - Amends the Internal Revenue Code to: (1) allow a limited deduction for amounts paid to any qualified State tuition program; and (2) provide that distributions from such programs used to pay qualified higher education expenses shall not be included in gross income.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Investor Confidence Act of 2002''. SEC. 2. 55-PERCENT CAPITAL GAINS DEDUCTION FOR TAXPAYERS OTHER THAN CORPORATIONS. (a) In General.--Section 1202 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 1202. CAPITAL GAINS DEDUCTION. ``(a) General Rule.--If for any taxable year a taxpayer other than a corporation has a net capital gain, 55 percent of such gain shall be a deduction from gross income. ``(b) Estates and Trusts.--In the case of an estate or trust, the deduction shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets. ``(c) Coordination With Treatment of Capital Gain Under Limitation on Investment Interest.--For purposes of this section, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii). ``(d) Transitional Rule.-- ``(1) In general.--In the case of a taxable year which includes January 1 of the year following the date of enactment of this section-- ``(A) the amount taken into account as the net capital gain under subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year on or after such January 1, and ``(B) the amount of the net capital gain taken into account in applying section 1(h) for such year shall be reduced by the amount taken into account under subparagraph (A) for such year. ``(2) Special rules for pass-thru entities.-- ``(A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.''. (b) Deduction Allowable in Computing Adjusted Gross Income.-- Section 62(a) of such Code (defining adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Long-term capital gains.--The deduction allowed by section 1202.''. (c) Conforming Amendments.-- (1) Section 1 of such Code is amended by striking subsection (h). (2) Section 170(e)(1) of such Code is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``45 percent (50 percent in the case of a corporation) of the amount of gain''. (3) Section 172(d)(2)(B) of such Code is amended to read as follows: ``(B) the deduction under section 1202 shall not be allowed.''. (4) The last sentence of section 453A(c)(3) of such Code is amended by striking all that follows ``long-term capital gain,'' and inserting ``the maximum rate on net capital gain under section 1201 or the deduction under section 1202 (whichever is appropriate) shall be taken into account.''. (5) Section 642(c)(4) of such Code is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1202 (relating to capital gains deduction). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).''. (6) The last sentence of section 643(a)(3) of such Code is amended to read as follows: ``The deduction under section 1202 (relating to capital gains deduction) shall not be taken into account.''. (7) Section 643(a)(6)(C) of such Code is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1202 (relating to capital gains deduction) shall not be taken into account''. (8)(A) Section 904(b)(2) of such Code is amended by striking subparagraph (A), by redesignating subparagraph (B) as subparagraph (A), and by inserting after subparagraph (A) (as so redesignated) the following: ``(B) Other taxpayers.--In the case of a taxpayer other than a corporation, taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.''. (B) Section 904(b)(2)(A) of such Code, as so redesignated, is amended-- (i) by striking all that precedes clause (i) and inserting the following: ``(A) Corporations.--In the case of a corporation-- '', and (ii) in clause (i), by striking ``in lieu of applying subparagraph (A),''. (C) Section 904(b)(3) of such Code is amended by striking subparagraphs (D) and (E) and inserting the following: ``(D) Rate differential portion.--The rate differential portion of foreign source net capital gain, net capital gain, or the excess of net capital gain from sources within the United States over net capital gain, as the case may be, is the same proportion of such amount as the excess of the highest rate of tax specified in section 11(b) over the alternative rate of tax under section 1201(a) bears to the highest rate of tax specified in section 11(b).''. (D) Section 593(b)(2)(D)(v) of such Code is amended-- (i) by striking ``if there is a capital gain rate differential (as defined in section 904(b)(3)(D)) for the taxable year,'', and (ii) by striking ``section 904(b)(3)(E)'' and inserting ``section 904(b)(3)(D)''. (9) Section 1044(d) of such Code is amended by striking the last sentence. (10)(A) Section 1211(b)(2) of such Code is amended to read as follows: ``(2) the sum of-- ``(A) the excess of the net short-term capital loss over the net long-term capital gain, and ``(B) one-half of the excess of the net long-term capital loss over the net short-term capital gain.''. (B) So much of section 1212(b)(2) of such Code as precedes subparagraph (B) thereof is amended to read as follows: ``(2) Special rules.-- ``(A) Adjustments.-- ``(i) For purposes of determining the excess referred to in paragraph (1)(A), there shall be treated as short-term capital gain in the taxable year an amount equal to the lesser of-- ``(I) the amount allowed for the taxable year under paragraph (1) or (2) of section 1211(b), or ``(II) the adjusted taxable income for such taxable year. ``(ii) For purposes of determining the excess referred to in paragraph (1)(B), there shall be treated as short-term capital gain in the taxable year an amount equal to the sum of-- ``(I) the amount allowed for the taxable year under paragraph (1) or (2) of section 1211(b) or the adjusted taxable income for such taxable year, whichever is the least, plus ``(II) the excess of the amount described in subclause (I) over the net short-term capital loss (determined) without regard to this subsection) for such year.''. (C) Section 1212(b) of such Code is amended by adding at the end of the following: ``(3) Transitional rule.--In the case of any amount which, under this subsection and section 1211(b) (as in effect for taxable year beginning before January 1, 2003), is treated as a capital loss in the first taxable year beginning after December 31, 2002, paragraph (2) and section 1211(b) (as so in effect) shall apply (and paragraph (2) and section 1211(b) as in effect for taxable years beginning after December 31, 2002, shall not apply) to the extent such amount exceeds the total of any capital gain net income (determined without regard to this subsection) for taxable years beginning after December 31, 2002.''. (11) Section 1402(i)(1) of such Code is amended by inserting``, and the deduction provided by section 1202 shall not apply'' before the period at the end thereof. (12) Section 1445(e) of such Code is amended-- (A) in paragraph (1), by striking ``35 percent (or, to the extent provided in regulations, 20 percent)'' and inserting ``17.5 percent (or, to the extent provided in regulation, 15.6 percent)'', and (B) in paragraph (2), by striking ``35 percent'' and inserting ``17.5 percent''. (13)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) applies'', and (ii) by striking ``20 percent (34 percent'' and inserting ``10 percent (15.3 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) of such Code applies'', and (ii) by striking ``20 percent (34 percent'' and inserting ``10 percent (15.3 percent''. (14) The item relating to section 1202 in the table of sections for part I of subchapter P of chapter 1 of such Code is amended to read as follows: ``Sec. 1202. Capital gains deduction.''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments, made by this section apply to taxable years ending after December 31 of the year which includes the date of enactment of this Act. (2) Repeal of section 1(h).--The amendment made by subsection (c)(1) applies to taxable years beginning on or after January 1 of the year following the date of enactment of this Act. (3) Contributions.--The amendment made by subsection (c)(2) applies to contributions on or after January 1 of the year following the date of enactment of this Act. (4) Use of long-term losses.--The amendments made by subsection (c)(10) apply to taxable years beginning on or after January 1 of the second year following the date of enactment of this Act. (5) Withholding.--The amendments made by subsection (c)(12) apply only to amounts paid on or after January 1 of the year following the date of enactment of this Act. SEC. 3. 55-PERCENT EXCLUSION OF DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. 55-PERCENT EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include 55 percent of the amounts received during the taxable year by an individual as dividends from domestic corporations. ``(b) Certain Dividends Excluded.--Subsection (a) shall not apply to any dividend from a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 (relating to certain charitable, etc., organization) or section 521 (relating to farmers' cooperative associations). ``(c) Special Rules.--For purposes of this section-- ``(1) Exclusion not to apply to capital gain dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of capital gain dividends, see sections 854(a) and 857(c). ``(2) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(A) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends which are effectively connected with the conduct of a trade or business within the United States, or ``(B) in determining the tax imposed for the taxable year pursuant to section 877(b). ``(3) Dividends from employee stock ownership plans.-- Subsection (a) shall not apply to any dividend described in section 404(k).'' (b) Conforming Amendments.-- (1)(A) Subparagraph (A) of section 135(c)(4) of such Code is amended by inserting ``116,'' before ``137''. (B) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.'' (2) Subsection (c) of section 584 of such Code is amended by adding at the end thereof the following new flush sentence: ``The proportionate share of each participant in the amount of dividends received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.'' (3) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends.--There shall be included the amount of any dividends excluded from gross income pursuant to section 116.'' (4) Section 854(a) of such Code is amended by inserting ``section 116 (relating to partial exclusion of dividends received by individuals) and'' after ``For purposes of''. (5) Section 857(c) of such Code is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Treatment for section 116.--For purposes of section 116 (relating to partial exclusion of dividends received by individuals), a capital gain dividend (as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment for section 243.--For purposes of section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend.'' (6) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. 55-percent exclusion of dividends received by individuals.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31 of the year which includes the date of enactment of this Act.

Restoring Investor Confidence Act of 2002 - Amends the Internal Revenue Code to revise rules concerning capital gain for taxpayers other than corporations to establish a new general rule which provides that if for any taxable year a taxpayer other than a corporation has a capital gain, 55 percent of such gain shall be a deduction from gross income.Excludes from individual gross income 55 percent of dividends received from a domestic corporation.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``First Responders Support Act of 2008''. SEC. 2. EXPANDING DISABILITY BENEFITS. (a) In General.--Section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended-- (1) in subsection (a)-- (A) by striking ``$250,000'' and inserting ``$350,000''; and (B) by striking ``subsection (h)'' and inserting ``subsection (h)(1)''; (2) in subsection (b)-- (A) by striking ``permanently and totally''; and (B) by striking ``, to the extent that appropriations are provided'' and all that follows and inserting ``a benefit in an amount determined in accordance with subsection (h)(2) to such officer.''; and (3) in subsection (h)-- (A) by striking ``the effective date of this subsection'' and inserting ``the date of enactment of the First Responders Support Act of 2008''; (B) by inserting ``(1)'' after ``(h)''; and (C) by adding at the end the following: ``(2)(A) Subject to subsection (b) and subparagraph (B) of this paragraph, the amount of a benefit paid under subsection (b) to a public safety officer who has become disabled as the direct result of a catastrophic injury sustained in the line of duty shall be in an amount equal to the benefit that is payable under subsection (a) in the applicable year, multiplied by the level of disability of the public safety officer, as determined in accordance with subparagraph (C). ``(B) No benefit shall be paid under subsection (b) if the level of disability of the public safety officer is less than 50 percent. ``(C) The Director shall adopt and apply a schedule of levels of disability of public safety officers associated with specific injuries or combinations of injuries, based upon the average impairments of earning capacity resulting from the injuries concerned.''. (b) Definition of Catastrophic Injury.--Section 1204(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(1)) is amended by striking ``permanently prevent an individual from performing any gainful work'' and inserting ``substantially diminishes the ability of an individual to perform gainful work''. (c) Expediting Benefits.--Section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by adding at the end the following: ``(n) Not later than 3 months after the date on which a claimant submits all information required for a claim under this subpart, the Bureau shall determine whether the claimant is eligible to receive a benefit under this subpart.''. (d) Regulations.--Not later than 9 months after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out the amendments made by this section. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General, in addition to any other amounts otherwise authorized to be appropriated, $3,000,000 for each of fiscal years 2009 through 2013 to hire employees for the Bureau of Justice Assistance and obtain the technology and equipment necessary to expedite the processing of claims and make disability determinations under subpart 1 of part L of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.), as amended by this section. SEC. 3. EDUCATIONAL BENEFITS. (a) In General.--Section 1212(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1(a)) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2)(A) Except as provided in paragraph (3), and subject to subparagraph (C) of this paragraph, financial assistance under this subpart shall-- ``(i) consist of direct payments to an eligible dependent; and ``(ii) be paid at the monthly rate of not more than $1,500. ``(B) The Director shall promulgate regulations to establish the amount of financial assistance under subparagraph (A) for an eligible dependent, which shall be based on the portion of the normal full-time academic workload for the course of study, as determined by the eligible educational institution, that the eligible dependent is pursuing. ``(C) On October 1 of each fiscal year beginning after the date of enactment of the First Responders Support Act of 2008, the Director shall adjust the level of the benefit payable during that fiscal year under subparagraph (A)(ii), to reflect the annual percentage change in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, occurring in the 1-year period ending on June 1 immediately preceding such October 1.''; and (2) in paragraph (3)(A), by striking ``to which the eligible dependent would otherwise be entitled to receive'' and inserting ``that the eligible dependent receives''. (b) Children.--Section 1212(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1(a)(1)) is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking ``a totally and permanently disabling injury'' and inserting ``the officer's catastrophic injury''; (3) by redesignating subparagraph (B) as subparagraph (C); and (4) by inserting after subparagraph (A) the following: ``(B) the child of the spouse of an officer described in subparagraph (A) at the time of the officer's death or on the date of the officer's catastrophic injury; or''. SEC. 4. CREDIT FOR CONTINUING CARE OF FIRST RESPONDERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36 the following new section: ``SEC. 36A. CONTINUING CARE FOR INJURED FIRST RESPONDERS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the qualified medical expenses paid or incurred during such taxable year by a qualified injured first responder or a family member of a qualified injured first responder. ``(b) Limitations.-- ``(1) In general.--The amount of the credit allowed under subsection (a) for any taxable year shall not exceed $7,500. ``(2) Limitation based on adjusted gross income.--The amount of the credit allowed by subsection (a) (determined without regard to this subsection) shall be reduced (but not below zero) by 5 percent of so much of the taxpayer's adjusted gross income as exceeds $75,000 ($150,000 in the case of a joint return). ``(c) Definitions.--For purposes of this section-- ``(1) Qualified injured first responder.--The term `qualified injured first responder' means any public safety officer who has suffered an injury that substantially diminishes the ability of the public safety officer to perform gainful work while performing an official duty as a public safety officer. ``(2) Family member.--The term `family member' includes family members described in section 267(c)(4). ``(3) Qualified medical expenses.--The term `qualified medical expenses' means expenses paid or incurred, not compensated for by insurance or otherwise, for medical care (within the meaning of section 213(d)) in connection with an injury of a qualified injured first responder which was incurred while the qualified injured first responder was performing an official duty as a public safety officer. ``(4) Public safety officer.--The term `public safety officer' has the meaning given such term by section 1204(9) of the Omnibus Crime Control and Safe Streets Act of 1968. ``(d) No Double Benefit.--No credit or deduction shall be allowed under this chapter with respect to any expenses which are taken into account under this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36A,'' after ``36,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 the following new item: ``Sec. 36A. Continuing care for injured first responders.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 5. EXPANDING COUNSELING AND MENTAL HEALTH SERVICES. (a) Definitions.--In this section-- (1) the term ``Director'' means the Director of the Bureau of Justice Assistance; (2) the term ``eligible organization'' means an organization that provides free or reduced cost mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of public safety officers killed or seriously injured in the line of duty; (3) the term ``public safety officer'' has the meaning given that term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); and (4) the term ``reduced cost'', relating to mental health services or counseling, means that the organization providing the services or counseling charges not more than 50 percent of the amount that the organization would otherwise charge for the services or counseling. (b) Authorization To Make Grants.--The Director may make grants to eligible organizations to provide mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of public safety officers killed or seriously injured in the line of duty. (c) Application.--An eligible organization desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Director may establish.

First Responders Support Act of 2008 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) increase death and disability benefits for public safety officers; and (2) expand educational benefits for dependents of public safety officers killed or disabled in the line of duty. Amends the Internal Revenue Code to allow a tax credit for up to $7,500 of the medical expenses paid or incurred by a public safety officer or a family member for injuries sustained while such officer was performing an official duty. Authorizes the Director of the Bureau of Justice Assistance to award grants for mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of such officers who are killed or seriously injured in the line of duty.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Coverage for Discrimination and Family Leave Act''. TITLE I--AGE DISCRIMINATION SEC. 101. COVERAGE OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES. The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) is amended-- (1) by redesignating sections 16 and 17 as sections 17 and 18, respectively, and (2) by inserting after section 15 the following: ``coverage of certain employees in the legislative branch of the federal government ``Sec. 16. (a) For purposes of this section-- ``(1) the term `employee' means an individual who is employed by, or who applies for employment with, an employing authority; ``(2) the term `employing authority' has the meaning given it in the Fair Employment Practices Resolution and also includes any agent of the employing authority and any Member who participates in determining the terms and conditions applicable to an employee's employment and any agent of such Member, but with respect to a position on the minority staff of a committee, such term does not include the Chairman of such committee; ``(3) the term `Fair Employment Practices Resolution' means-- ``(A) House Resolution 558 of the One Hundredth Congress, as adopted October 4, 1988, and incorporated into rule LI of the Rules of the House of Representatives of the One Hundred Second Congress; or ``(B) any other provision that continues in effect the provisions of such resolution; and ``(4) the term `instrumentality of the Congress' means a unit of the legislative branch (other than the Congress) that does not have positions in the competitive service and any agent of such unit. ``(b) Sections 4 and 7(f) shall apply to employees and to employing authorities. ``(c)(1) The remedies and procedures under the Fair Employment Practices Resolution shall apply with respect to a violation of section 4 as such section is made applicable by subsection (b). ``(2) Within 90 days of the exhaustion of all procedures authorized under paragraph (1), or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's employing authority. In any such action, the court may order such relief, including damages, attorneys' fees, and other costs, as may be ordered by a court under section 7. ``(d) Section 4, as such section is made applicable by subsection (b), does not prohibit the taking into consideration of -- ``(1) the domicile of an individual with respect to a position under the clerk-hire allowance of the House of Representatives; or ``(2) the political affiliation of an individual with respect to a position under such clerk-hire allowance or a position on the staff of a committee. ``(e) Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of the employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(f) Each employing authority shall post and keep posted in conspicuous places on its premises a notice that shall be prepared by the Office of Fair Employment Practices, setting forth such information as the Office considers to be appropriate to carry out this section. ``(g) Subsection (c)(1) is enacted as an exercise of the rulemaking power of the House of Representatives, with full recognition of the right of the House of Representatives to change its rules in the same manner, and to the same extent, as in any other rule of the House of Representatives. ``(h)(1) Subject to paragraph (2), sections 4 and 7(f) shall apply with respect to individuals who are employed by, or who apply for employment with, an instrumentality of the Congress. ``(2) The chief official of each instrumentality of the Congress shall establish remedies and procedures to protect the rights provided for in paragraph (1). Such remedies and procedures shall apply exclusively with respect to such rights and shall provide to such individual protection that is equal to or greater than the protection provided under this section to employees of an employing authority. ``(3) The chief official of each instrumentality of the Congress shall submit to the Congress a report describing the remedies and procedures it has established to comply with paragraph (2). ``(4) Within 90 days of the exhaustion of all procedures authorized under paragraph (2) or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's instrumentality. In any such action, the court may order such relief, including damages, attorneys' fees, and other costs as may be ordered by a court under section 7.''. TITLE II--TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 SEC. 201. REFERENCE. Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Civil Rights Act of 1991. SEC. 202. APPLICATION TO CONGRESS. (a) Coverage.--Section 117(a)(2)(A) (2 U.S.C. 60l(a)(2)(A)) is amended by adding at the end the following: ``For purposes of this section, the term `employee' also includes an individual who applies for employment and the term `employing authority' also includes any agent of the employing authority and any Member who participates in determining the terms and conditions applicable to an employee's employment and any agent of such Member but with respect to a position on the minority staff of a committee such term does not include the Chairman of such committee.''. (b) Employee Actions, Payments, Considerations, and Notice.-- (1) Amendment.--Section 117 (2 U.S.C. 60l) is amended in subsection (b)(4), by inserting before the period the following: ``and includes any agent of any of the foregoing entities'', and (2) by adding at the end the following: ``(c) Employee Actions.-- ``(1) In general.--Within 90 days of the exhaustion of all procedures authorized under subsection (a) or (b) or after 180 days after the filing of a complaint in accordance with such procedures an employee may bring a civil action in the appropriate United States district court against the employee's employing authority or if employed by an instrumentality of Congress, against such instrumentality. In any such action, the court may order such relief as is provided under title VII of the Civil Rights Act of 1964 and section 1977A of the Revised Statutes (42 U.S.C. 1981a), except that the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses and the amount of punitive damages shall not exceed for each complaining party $50,000 in an action against an employing authority. ``(2) Trial.--In an action brought under paragraph (1)-- ``(A) any party may demand a trial by jury, and ``(B) the court shall not inform the jury of the dollar limitation prescribed by paragraph (1). ``(3) Fees.--In an action brought under paragraph (1), the court may allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. ``(d) Payments.--Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of an employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(e) Considerations.--The rights and protections provided by this section do not prohibit the taking into consideration of: ``(1) the domicile of an individual with respect to a position under the clerk-hire allowance of the House of Representatives; or ``(2) the political affiliation of an individual with respect to a position under such clerk-hire allowance or a position on the staff of a committee. ``(f) Notice.--Each employing authority and instrumentality of Congress shall post and keep posted, in conspicuous places on its premises, a notice that shall be prepared by the Office of Fair Employment Practices or the instrumentality which sets forth such information as such Office or instrumentality considers to be appropriate to carry out this section.''. (2) Conforming amendment.--Section 117(a)(2)(B)(i) (2 U.S.C. 60l(a)(2)(B)(i)) is amended by inserting before the period at the end the following: ``, except as provided in subsections (c) through (f)''. TITLE III--DISABILITIES SEC. 301. REFERENCE. Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Americans with Disabilities Act of 1990. SEC. 302. APPLICATION TO CONGRESS. (a) Coverage.--Section 509(b)(2)(A) (42 U.S.C. 12209(b)(2)(A)) is amended by adding at the end the following: ``For purposes of this section, the term `employee' also includes an individual who applies for employment and the term `employing authority' also includes any agent of the employing authority and any Member who participates in determining the terms and conditions applicable to an employee's employment and any agent of such Member but with respect to the minority staff of a committee does not include the Chairman of such committee.''. (b) Employee Actions, Payments, Considerations, and Notice.-- (1) Amendment.--Section 509 (42 U.S.C. 12209) is amended-- (A) in subsection (c)(4), by adding before the period the following: ``and includes any agent of any of the foregoing entities'', and (B) by adding at the end the following: ``(d) Employee Actions.-- ``(1) In general.--Within 90 days of the exhaustion of all procedures authorized under subsection (b)(2) or (c)(2) or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's employing authority or if employed by an instrumentality of Congress, against such instrumentality. In any such action, the court may order such relief as is provided under title VII of the Civil Rights Act of 1964 and section 1977A of the Revised Statutes (42 U.S.C. 1981a), except that the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses and the amount of punitive damages shall not exceed for each complaining party $50,000 in an action against an employing authority. ``(2) Trial.--In an action brought under paragraph (1)-- ``(A) any party may demand a trial by jury, and ``(B) the court shall not inform the jury of the dollar limitation prescribed by paragraph (1). ``(3) Fees.--In an action brought under paragraph (1), the court may allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. ``(e) Payments.--Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of an employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(f) Considerations.--The rights and protections provided by this section do not prohibit the taking into consideration of: ``(1) the domicile of an individual with respect to a position under the clerk-hire allowance of the House of Representatives; or ``(2) the political affiliation of an individual with respect to a position under such clerk-hire allowance or a position on the staff of a committee. ``(g) Notice.--Each employing authority and instrumentality of Congress shall post and keep posted, in conspicuous places on its premises, a notice that shall be prepared by the Office of Fair Employment Practices or the instrumentality which sets forth such information as such Office or instrumentality considers to be appropriate to carry out this section.''. (2) Conforming amendment.--Section 509(b)(2)(B)(i) (42 U.S.C. 12209(b)(2)(B)(i)) is amended by inserting before the period at the end the following: ``, except as provided in subsections (d) through (g)''. TITLE IV--FAMILY AND MEDICAL LEAVE SEC. 401. ENFORCEMENT ACTION. (a) Employing Authority.--Section 502(a) of the Family and Medical Leave Act of 1993 (2 U.S.C. 60n(a)) is amended by inserting before the period the following: ``, except that with respect to a position on the minority staff of a committee, the term `employing authority' does not include the Chairman of such committee''. (b) Remedy.--Subsection (c) of section 502 of the Family and Medical Leave Act of 1993 (2 U.S.C. 60n) is redesignated as subsection (f) and the following is inserted after subsection (b): ``(c) Employee Action.-- Within 90 days of the exhaustion of all procedures authorized under subsection (b), or after 180 days after the timely filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's employing authority. In any such action, the court may order such relief, including damages, interest, attorneys' fees, expert witness fees, and other costs, as may be ordered by a court under section 107. ``(d) Payments.--Not later than 60 days after any payment is made under this section for the benefit of an aggrieved employee out of a Federal account of the House of Representatives and on behalf of an employing authority, the employing authority shall reimburse such account with non-Federal funds. The Committee on House Administration of the House of Representatives shall determine which account shall be used for payments to an aggrieved employee under this section and shall issue guidelines to ensure such reimbursement. ``(e) Instrumentalities of Congress.-- ``(1) In general.--The rights and protections under sections 102 through 105 (other than section 104(b)) shall, subject to paragraph (2), apply with respect to the conduct of each instrumentality of the Congress. ``(2) Establishment of remedies and procedures by instrumentalities.--The chief official of each instrumentality of the Congress shall establish remedies and procedures to protect the rights provided for in paragraph (1). ``(3) Report to congress.--The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of paragraph (2), submit to the Congress a report describing the remedies and procedures it has established to comply with paragraph (2). ``(4) Definition of instrumentalities.--For purposes of this section, instrumentalities of the Congress include the Architect of the Capitol, the Library of Congress, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the United States Botanic Garden and includes any agent of any of the foregoing entities. ``(5) Civil action.--Within 90 days of the exhaustion of all procedures authorized under paragraph (2) or after 180 days after the filing of a complaint in accordance with such procedures, an employee may bring a civil action in the appropriate United States district court against the employee's instrumentality. In any such action, the court may order such relief, including damages, attorneys' fees, and other costs as may be ordered by a court under section 107. ``(f) Notice.--Each employing authority and instrumentality of Congress shall post and keep posted, in conspicuous places on its premises, a notice that shall be prepared by the Office of Fair Employment Practices or the instrumentality which sets forth such information as such Office or instrumentality considers to be appropriate to carry out this section.''. TITLE V--GUIDELINES SEC. 501. GUIDELINES. Any guidelines issued by any committee of the House of Representatives to implement any provision of this Act shall be published in the Congressional Record for a period of at least 60 days before such implementation. TITLE VI--EFFECTIVE DATE SEC. 601. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of 3 months after the date of the enactment of this Act. HR 2499 IH----2

TABLE OF CONTENTS: Title I: Age Discrimination Title II: Title VII of the Civil Rights Act of 1964 Title III: Disabilities Title IV: Family and Medical Leave Title V: Guidelines Title VI: Effective Date Congressional Coverage for Discrimination and Family Leave Act - Title I: Age Discrimination - Amends the Age Discrimination in Employment Act of 1967 (the Act) to cover employees in the House of Representatives and in instrumentalities of the Congress. Authorizes an aggrieved employee to bring a civil action in the appropriate district court against an employing authority or instrumentality of the Congress. Authorizes the court to order such relief, including damages, attorney's fees, and other costs provided by this Act. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title II: Title VII of the Civil Rights Act of 1964 - Amends the Civil Rights Act of 1991 to authorize an employee in the House of Representatives or in an instrumentality of the Congress to bring a civil action in the appropriate United States district court against his or her employing authority or the appropriate instrumentality. Authorizes the court to order such relief specified under the Civil Rights Act of 1964 and the Revised Statutes. Limits the aggregate amount of compensatory and punitive damages to $50,000. Authorizes the complaining party to demand a jury trial. Prohibits the court from informing the jury of the dollar limitation imposed under this Act. Authorizes the court to allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title III: Disabilities - Amends the Americans with Disabilities Act of 1990 to authorize an employee in the House of Representatives or in an instrumentality of the Congress to bring a civil action in the appropriate district court against his or her employing authority or the appropriate instrumentality. Authorizes the court to order such relief specified under the Civil Rights Act of 1964 and the Revised Statutes. Limits the aggregate amount of compensatory and punitive damages to $50,000. Authorizes the complaining party to demand a jury trial. Prohibits the court from informing the jury of the dollar limitation imposed under this Act. Authorizes the court to allow the prevailing party a reasonable attorney's fees (including expert witness fees) as part of the costs. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title IV: Family and Medical Leave - Amends the Family and Medical Leave Act of 1993 (the Act) to authorize an employee to bring a civil action in the appropriate United States district court against the employee's employing authority or the appropriate instrumentality of the Congress. Authorizes the court to order such relief, including damages, interest, attorney's fees, expert witness fees, and other costs specified by the Act. Applies the rights and protections under title I of the Act to employees of each instrumentality of the Congress, except for the exemption concerning highly compensated employees. Title V: Guidelines - Requires implementing guidelines issued by any House committee for this Act to be published in the Congressional Record at least 60 days before such implementation. Title VI: Effective Date - Makes this Act effective three months after the date of enactment.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Mental Health and Addiction Safety Net Equity Act of 2010''. SEC. 2. FEDERALLY QUALIFIED BEHAVIORAL HEALTH CENTERS. Section 1913 of the Public Health Service Act (42 U.S.C. 300x-3) is amended-- (1) in subsection (a)(2)(A), by striking ``community mental health services'' and inserting ``behavioral health services (of the type offered by federally qualified behavioral health centers consistent with subsection (c)(3))''; (2) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) services under the plan will be provided only through appropriate, qualified community programs (which may include federally qualified behavioral health centers, child mental health programs, psychosocial rehabilitation programs, mental health peer-support programs, and mental health primary consumer-directed programs); and''; and (B) in paragraph (2), by striking ``community mental health centers'' and inserting ``federally qualified behavioral health centers''; and (3) by striking subsection (c) and inserting the following: ``(c) Criteria for Federally Qualified Behavioral Health Centers.-- ``(1) In general.--The Administrator shall certify, and recertify at least every 5 years, federally qualified behavioral health centers as meeting the criteria specified in this subsection. ``(2) Regulations.--Not later than 18 months after the date of the enactment of the Community Mental Health and Addiction Safety Net Equity Act of 2010, the Administrator shall issue final regulations for certifying non-profit or local government centers as centers under paragraph (1). ``(3) Criteria.--The criteria referred to in subsection (b)(2) are that the center performs each of the following: ``(A) Provide services in locations that ensure services will be available and accessible promptly and in a manner which preserves human dignity and assures continuity of care. ``(B) Provide services in a mode of service delivery appropriate for the target population. ``(C) Provide individuals with a choice of service options where there is more than one efficacious treatment. ``(D) Employ a core staff of clinical staff that is multidisciplinary and culturally and linguistically competent. ``(E) Provide services, within the limits of the capacities of the center, to any individual residing or employed in the service area of the center, regardless of the ability of the individual to pay. ``(F) Provide, directly or through contract, to the extent covered for adults in the State Medicaid plan under title XIX of the Social Security Act and for children in accordance with section 1905(r) of such Act regarding early and periodic screening, diagnosis, and treatment, each of the following services: ``(i) Screening, assessment, and diagnosis, including risk assessment. ``(ii) Person-centered treatment planning or similar processes, including risk assessment and crisis planning. ``(iii) Outpatient clinic mental health services, including screening, assessment, diagnosis, psychotherapy, substance abuse counseling, medication management, and integrated treatment for mental illness and substance abuse which shall be evidence-based (including cognitive behavioral therapy and other such therapies which are evidence-based). ``(iv) Outpatient clinic primary care services, including screening and monitoring of key health indicators and health risk (including screening for diabetes, hypertension, and cardiovascular disease and monitoring of weight, height, body mass index (BMI), blood pressure, blood glucose or HbA1C, and lipid profile). ``(v) Crisis mental health services, including 24-hour mobile crisis teams, emergency crisis intervention services, and crisis stabilization. ``(vi) Targeted case management (services to assist individuals gaining access to needed medical, social, educational, and other services and applying for income security and other benefits to which they may be entitled). ``(vii) Psychiatric rehabilitation services including skills training, assertive community treatment, family psychoeducation, disability self-management, supported employment, supported housing services, therapeutic foster care services, and such other evidence-based practices as the Secretary may require. ``(viii) Peer support and counselor services and family supports. ``(G) Maintain linkages, and where possible enter into formal contracts with the following: ``(i) Inpatient psychiatric facilities and substance abuse detoxification and residential programs. ``(ii) Adult and youth peer support and counselor services. ``(iii) Family support services for families of children with serious mental disorders. ``(iv) Other community or regional services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies and facilities, housing agencies and programs, employers, and other social services. ``(v) Onsite or offsite access to primary care services. ``(vi) Enabling services, including outreach, transportation, and translation. ``(vii) Health and wellness services, including services for tobacco cessation.''. SEC. 3. MEDICAID COVERAGE AND PAYMENT FOR FEDERALLY QUALIFIED BEHAVIORAL HEALTH CENTER SERVICES. (a) Payment for Services Provided by Federally Qualified Behavioral Health Centers.--Section 1902(bb) of the Social Security Act (42 U.S.C. 1396a(bb)) is amended-- (1) in the heading, by striking ``and Rural Health Clinics'' and inserting ``, Federally Qualified Behavioral Health Centers, and Rural Health Clinics''; (2) in paragraph (1), by inserting ``(and beginning with fiscal year 2011 with respect to services furnished on or after January 1, 2011, and each succeeding fiscal year, for services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center)'' after ``by a rural health clinic''; (3) in paragraph (2)-- (A) by striking the heading and inserting ``Initial fiscal year''; (B) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, for services furnished on and after January 1, 2011, during fiscal year 2011)'' after ``January 1, 2001, during fiscal year 2001''; (C) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, during fiscal years 2009 and 2010)'' after ``1999 and 2000''; and (D) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, during fiscal year 2011)'' before the period; (4) in paragraph (3)-- (A) in the heading, by striking ``Fiscal year 2002 and succeeding'' and inserting ``Succeeding''; and (B) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, for services furnished during fiscal year 2012 or a succeeding fiscal year)'' after ``2002 or a succeeding fiscal year''; (5) in paragraph (4)-- (A) by inserting ``(or as a federally qualified behavioral health center after fiscal year 2010)'' after ``or rural health clinic after fiscal year 2000''; (B) by striking ``furnished by the center or'' and inserting ``furnished by the federally qualified health center, services described in section 1905(a)(2)(D) furnished by the federally qualified behavioral health center, or''; (C) in the second sentence, by striking ``or rural health clinic'' and inserting ``, federally qualified behavioral health center, or rural health clinic''; (6) in paragraph (5), in each of subparagraphs (A) and (B), by striking ``or rural health clinic'' and inserting ``, federally qualified behavioral health center, or rural health clinic''; and (7) in paragraph (6), by striking ``or to a rural health clinic'' and inserting ``, to a federally qualified behavioral health center for services described in section 1905(a)(2)(D), or to a rural health clinic''. (b) Inclusion of Federally Qualified Behavioral Health Center Services in the Term Medical Assistance.--Section 1905(a)(2) of the Social Security Act (42 U.S.C. 1396d(a)(2)) is amended-- (1) by striking ``and'' before ``(C)''; and (2) by inserting before the semicolon at the end the following: ``, and (D) federally qualified behavioral health center services (as defined in subsection (l)(4))''. (c) Definition of Federally Qualified Behavioral Health Center Services.--Section 1905(l) of the Social Security Act (42 U.S.C. 1396d(l)) is amended by adding at the end the following paragraph: ``(4)(A) The term `federally qualified behavioral health center services' means services furnished to an individual at a federally qualified behavioral health center (as defined by subparagraph (B). ``(B) The term `federally qualified behavioral health center' means an entity that is certified under section 1913(c) of the Public Health Service Act as meeting the criteria described in paragraph (3) of such section.''. SEC. 4. MENTAL HEALTH AND ADDICTION SAFETY NET STUDIES. (a) Paperwork Reduction Study.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Institute of Medicine shall submit to the appropriate committees of Congress a report that evaluates the combined paperwork burden of federally qualified behavioral health centers certified section 1913(c) of the Public Health Service Act, as inserted by section 2. (2) Scope.--In preparing the report under paragraph (1), the Institute of Medicine shall examine licensing, certification, service definitions, claims payment, billing codes, and financial auditing requirements utilized by the Office of Management and Budget, the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, the Office of the Inspector General, State Medicaid agencies, State departments of health, State departments of education, and State and local juvenile justice and social services agencies to-- (A) establish an estimate of the combined nationwide cost of complying with the requirements described in this paragraph, in terms of both administrative funding and staff time; (B) establish an estimate of the per capita cost to each federally qualified behavioral health center certified under section 1913(c) of the Public Health Service Act to comply with the requirements described in this paragraph, in terms of both administrative funding and staff time; and (C) make administrative and statutory recommendations to Congress, which may include a uniform methodology, to reduce the paperwork burden experienced by such federally qualified behavioral health centers. (3) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $550,000 for each of the fiscal years 2012 and 2013. (b) Wage Study.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Institute of Medicine shall conduct a nationwide analysis, and submit a report to the appropriate committees of Congress, concerning the compensation structure of professional and paraprofessional personnel employed by federally qualified behavioral health centers certified under section 1913(c) of the Public Health Service Act, as inserted by section 2, as compared with the compensation structure of comparable health safety net providers and relevant private sector health care employers. (2) Scope.--In preparing the report under paragraph (1), the Institute of Medicine shall examine compensation disparities, if such disparities are determined to exist, by type of personnel, type of provider or private sector employer, and by geographic region. (3) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $550,000 for each of the fiscal years 2012 and 2013.

Community Mental Health and Addiction Safety Net Equity Act of 2010 - Amends the Public Health Service Act to replace community mental health centers with federally qualified behavioral health centers which treat substance abuse in addition to mental illness and other conditions. Amends title XIX (Medicaid) of the Social Security Act to extend Medicaid coverage to federally qualified behavioral health center services. Directs the Institute of Medicine to: (1) evaluate for Congress the combined paperwork burden of federally qualified behavioral health centers; and (2) analyze and report to Congress on the compensation structure of professional and paraprofessional personnel employed by federally qualified behavioral health centers nationwide as compared with the compensation structure of comparable health safety net providers and relevant private sector health care employers.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Misclassification of Employees Act''. SEC. 2. PROCEDURES APPLICABLE TO DETERMINATIONS OF EMPLOYMENT STATUS. (a) Waiver of Employment Tax Liability for Reasonable Good Faith Misclassification Based on Common Law Rules.-- (1) In general.--Section 3509 of the Internal Revenue Code of 1986 (relating to determination of employer's liability for certain employment taxes) is amended by adding at the end the following new subsection: ``(e) Waiver of Employment Tax Liability for Reasonable Good Faith Misclassification Based on Common Law Rules.-- ``(1) In general.--For purposes of determining the liability of any taxpayer for employment taxes with respect to any individual for any period, such individual shall be deemed not to have been an employee of the taxpayer for such period if-- ``(A) the taxpayer did not treat such individual as an employee for purposes of the employment taxes for such period, ``(B) the taxpayer's treatment of such individual as not being an employee was based on a reasonable good faith misapplication of the common law rules used for determining the employer-employee relationship, ``(C) all Federal tax returns (including information returns) required to be filed by the taxpayer with respect to such individual for such period were filed on a basis consistent with the taxpayer's treatment of such individual as not being an employee, ``(D) the taxpayer (and any predecessor) did not treat any other individual holding a substantially similar position as an employee for purposes of the employment taxes for any period beginning after December 31, 1977, and ``(E) the taxpayer enters into a closing agreement under section 7121 with the Secretary (in the time and manner determined by the Secretary) agreeing to treat such individual, and any other individual holding a substantially similar position, as employees and to file all Federal employment tax returns with respect to such individuals on a basis consistent with the taxpayer's treatment of such individuals as employees. ``(2) Definition and special rules.-- ``(A) Employment tax.--For purposes of this subsection, the term `employment tax' means any tax imposed by this subtitle, including any interest, penalty, or additional amount with respect to such tax. ``(B) No refund or credit of overpayment.--No refund or credit of any overpayment of an employment tax resulting from the application of paragraph (1) shall be allowed, notwithstanding that the period for filing a claim for refund or credit of such overpayment is not barred on the effective date of this subsection. ``(3) Termination.--This subsection shall not apply if the closing agreement referred to in paragraph (1)(E) is entered into more than 1 year after the date of the enactment of this subsection.'' (2) Monitoring of closing agreement required.--The Secretary of the Treasury or his delegate shall monitor compliance with each closing agreement referred to in section 3509(e)(1)(E) of the Internal Revenue Code of 1986 (as added by this section) for not less than 5 years after the date such agreement is entered into. Such monitoring shall include not only monitoring the payments made to the individuals specified in the agreement but also the aggregate wages paid to employees and the aggregate payments to independent contractors for services. (b) Modifications to Safe Harbor for Classifications of Individuals as Nonemployees.-- (1) Requirement of reasonable basis.--Paragraph (1) of section 530(a) of the Revenue Act of 1978 (relating to controversies involving whether individuals are employees for purposes of the employment taxes) is amended by striking ``unless the taxpayer had no reasonable basis'' and inserting the following: ``if the taxpayer had a reasonable basis''. (2) Only recent employment tax audit is reasonable basis.-- (A) In general.--Paragraph (2) of section 530(a) of the Revenue Act of 1978 is amended-- (i) by striking the paragraph caption and inserting the following: ``Reasonable basis for not treating individual as employee.--'', (ii) in the matter preceding subparagraph (A)-- (I) by striking ``in any case'', and (II) by inserting ``only'' before ``if the taxpayer's'', and (iii) by striking subparagraph (B) and inserting the following new subparagraph: ``(B)(i) an Internal Revenue Service audit of the taxpayer-- ``(I) was conducted solely for employment tax purposes not more than 3 years before such period, and ``(II) included an examination for employment tax purposes of individuals holding positions substantially similar to the positions held by the individual involved, ``(ii) upon completion of such audit the taxpayer was notified in writing by the Internal Revenue Service that the treatment for employment tax purposes of the individuals referred to in clause (i)(II) was correct, and ``(iii) such notification is not revoked before such period; or''. (B) Conforming amendment.--Subparagraph (A) of section 530(e)(2) of the Revenue Act of 1978 (as amended by section 1121 of the Small Business Job Protection Act of 1996) is repealed. (c) Termination of Treatment of Certain Technical Personnel.-- Subsection (d) of section 530 of the Revenue Act of 1978 is repealed. (d) Authority for Regulations and Rulings on Employment Status.-- Subsection (b) of section 530 of the Revenue Act of 1978 is repealed. (e) Payors To Notify Service Providers of Consequences of Employment Status.-- (1) Section 6041 of such Code (relating to information at source) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Additional Information Required To Be Included on Statements Covering Payments for Services.--In the case of a statement required under subsection (d) with respect to any payment for services, such statement shall be treated as not satisfying the requirements of subsection (d) unless such statement includes the following information: ``(1) The payor is treating the payee as not being an employee and the payee may be liable for self-employment tax. ``(2) If the payee believes that he should properly be treated as an employee, an explanation of the procedure for obtaining Internal Revenue Service review of his status. ``(3) The payee will not be eligible for any employee fringe benefits and may lose protections or benefits under Federal laws relating to fair labor standards, occupational health and safety, civil rights, unemployment insurance, and worker's compensation. ``(4) An explanation of tax benefits to the self-employed such as retirement plans and deduction for a portion of the cost of health insurance.'' (2) Section 6041A of such Code (relating to returns regarding payments of remuneration for services and direct sales) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Additional Information Required To Be Included on Statements.--In the case of a statement required under subsection (e), such statement shall be treated as not satisfying the requirements of subsection (e) unless such statement includes the information specified in paragraphs (1) through (4) of section 6041(e).'' (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect beginning on the date which is 120 days after the date of the enactment of this Act. (2) Modifications to safe harbor; termination of treatment of technical personnel.--The amendments made by subsections (b) and (c) shall apply to periods ending on or after the date which is 120 days after the date of the enactment of this Act. SEC. 3. CLASSIFICATION OF INDIVIDUALS AS EMPLOYEES FOR PURPOSES OF UNEMPLOYMENT COMPENSATION PROGRAM. (a) Uniform Federal and State Definition of Employee.--Subsection (a) of section 3304 of the Internal Revenue Code of 1986 (relating to requirements for approval of State unemployment compensation laws) is amended by striking ``and'' at the end of paragraph (18), by redesignating paragraph (19) as paragraph (18), and by inserting after paragraph (18) the following new paragraph: ``(19) the determination of whether an individual is an employee of another person shall be made in accordance with section 3306(i); and''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 180th day after the date of the enactment of this Act. (2) Special rule.--In the case of any State the legislature of which has not been in session for at least 30 calendar days (whether or not successive) between the date of the enactment of this Act and such 180th day, the amendments made by this section shall take effect 30 calendar days after the 1st day on which such legislature is in session on or after such 180th day.

Misclassification of Employees Act - Amends the Internal Revenue Code to provide for the waiver of employment tax liability for employers for any period if: (1) the employer did not treat an individual as an employee for purposes of employment taxes; (2) the treatment of such individual was based on a reasonable good faith misapplication of the common law rules used for determining the employer-employee relationship; (3) Federal tax returns for such period were filed on a basis consistent with the treatment of such individual as not being an employee; (4) the employer (and any predecessor) did not treat any other individual holding a substantially similar position as an employee for employment tax purposes after December 31, 1977; and (5) the employer enters into a closing agreement with, and monitored by, the Secretary of the Treasury with respect to treating such individual as an employee. Amends the Revenue Act of 1978 (relating to controversies involving whether individuals are employees for purposes of employment taxes) to require an employer to have a reasonable basis for not treating an individual as an employee. Requires the use of a recent prior audit as a reasonable basis. Excludes certain skilled technical personnel from such tax treatment. Removes the prohibition against regulations and rulings on employment status. Amends the Internal Revenue Code to set forth additional information to be included on statements covering payments for services. Provides for the determination of whether an individual is an employee of another person for purposes of unemployment compensation.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Equity Act of 1998''. SEC. 2. USE OF STATE CHILDREN'S HEALTH INSURANCE PROGRAM FUNDS FOR ENHANCED MATCHING RATE FOR COVERAGE OF ADDITIONAL CHILDREN UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (b), by striking ``or subsection (u)(3)'' and inserting ``, subsection (u)(3), or subsection (u)(4)(A)''; and (2) in subsection (u) (as added by section 4911(a)(2) of the Balanced Budget Act of 1997 and as amended by section 162 of Public Law 105-100)-- (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph: ``(4)(A) For purposes of subsection (b), the expenditures described in this subparagraph are expenditures for medical assistance for waivered low-income children described in subparagraph (B) but-- ``(i) only in the case of children residing in a State described in subparagraph (C); and ``(ii) only to the extent the number of full-year equivalent waivered low-income children enrolled under the State plan under this title for the fiscal year exceeds the number of waivered low-income children described in subparagraph (D)(i) for the State for the fiscal year. ``(B) For purposes of this paragraph, the term `waivered low-income child' means a child whose family income exceeds the minimum income level required to be established for the age of such child under section 1902(l)(2) in order for the child to be eligible for medical assistance under this title, but does not exceed the medicaid applicable income level (as defined in section 2110(b)(4) but determined as if `June 1, 1997' were substituted for `March 31, 1997') for that child. ``(C) A State described in this subparagraph is a State that-- ``(i) has under a waiver authorized by the Secretary or under section 1902(r)(2) established a medicaid applicable income level (as defined in section 2110(b)(4) but determined as if `June 1, 1997' were substituted for `March 31, 1997') for children under 19 years of age residing in the State that is at or above 200 percent of the poverty line; and ``(ii) demonstrates to the satisfaction of the Secretary a commitment to reach and enroll children who are eligible for, but not enrolled under, the State plan through means, such as the following: ``(I) Eliminating the assets test for eligibility of waivered low-income children. ``(II) Using shortened and simplified applications for such children. ``(III) Allowing applications for such children to be submitted by mail or through telephone. ``(IV) Outstationing State eligibility workers at sites that are frequented by families with children, including schools, child care centers, churches, centers providing Head Start services, local offices of the special supplemental food program for women, infants and young children (WIC) established under section 17 of the Child Nutrition Act of 1966, community centers, Job Corps centers established under part B of title IV of the Job Training Partnership Act or subtitle C of title I of the Workforce Investment Act of 1998, sites offering the recognized equivalent of a secondary school degree, offices of tribal organizations (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act), and Social Security Administration field offices. ``(V) Using presumptive eligibility for waivered low-income children. ``(VI) Collaborating with public and private entities to conduct outreach campaigns to enroll such children. ``(D)(i) For purposes of subparagraph (A)(ii), the number of waivered low-income children for a State described in this clause for-- ``(I) fiscal year 1998, is equal to the number of full-year equivalent waivered low-income children enrolled under the State plan under this title for fiscal year 1997; and ``(II) fiscal year 1999 or a succeeding fiscal year, is equal to the number of waivered low-income children determined under this clause for the preceding fiscal year increased by the number of percentage points determined under clause (ii) for the State for the fiscal year involved. ``(ii) The number of percentage points determined under this clause for a State for a fiscal year is equal to the number of percentage points by which-- ``(I) the arithmetic average of the total number of children in the State set forth in the 3 most recent March supplements to the Current Population Survey of the Bureau of the Census before the beginning of the fiscal year; exceeds ``(II) the arithmetic average of such total number set forth in the second, third, and fourth most recent March supplements to such Survey before the beginning of the fiscal year. ``(E) For purposes of section 2104(d) (regarding the reduction of an allotment under title XXI) the amount determined under paragraph (2) of that section shall, with respect to expenditures described in subparagraph (A), only take into account the amount by which-- ``(i) the payments made to a State for such expenditures for a fiscal year on the basis of an enhanced FMAP under the fourth sentence of subsection (b); exceed ``(ii) the amount of payments that would have been made for the expenditures if the enhanced FMAP did not apply. ``(F) Each State shall submit to the Secretary such information, at such time and in such manner, as the Secretary determines is necessary to ensure that the requirements of this paragraph are satisfied. The Secretary shall ensure that information is provided under this subsection in a manner that is consistent with other reporting requirements for information required to be submitted by a State under this title and title XXI, and avoids duplication of reporting requirements. ``(G) The Secretary shall regularly examine the payments made to a State for the expenditures described in subparagraph (A) to confirm that the payments are attributable to expenditures described in such subparagraph.''. (b) Conforming Amendments.-- (1) Section 1902(a)(10)(A)(ii)(XIV) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)(XIV)) is amended by striking ``1905(u)(2)(C)'' and inserting ``1905(u)(2)(B)''. (2) Section 2104(d)(2) of the Social Security Act (42 U.S.C. 1397dd(d)(2)) is amended by inserting ``subject to section 1905(u)(4)(E),'' after ``(2)''. (c) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of section 4911 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 570). SEC. 3. EXPANSION OF PRESUMPTIVE ELIGIBILITY OPTION FOR CHILDREN UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1920A(b)(3)(A)(i) of the Social Security Act (42 U.S.C. 1396r-1a(b)(3)(A)(i)) is amended-- (1) by striking ``or (II)'' and inserting ``, (II)''; and (2) by inserting before the semicolon ``, eligibility for assistance under the State plan under part A of title IV, eligibility of a child to receive medical assistance under the State plan under this title or title XXI, (III) is a staff member of an elementary school or secondary school, as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), a child care resource and referral center, or an agency administering a State plan under part D of title IV, or (IV) is so designated by the State''. (b) Conforming Amendments.--Section 1920A of such Act (42 U.S.C. 1396r-1a) is amended-- (1) in subsection (b)(3)(A)(ii), by striking ``paragraph (1)(A)'' and inserting ``paragraph (2)(A)''; and (2) in subsection (c)(2), in the matter preceding subparagraph (A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(2)(A)''.

Children's Health Equity Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to provide for an increased Federal medical assistance percentage for expanded coverage of certain waivered low-income children in States which: (1) have established a Medicaid applicable income level for children under age 19 that is at or above 200 percent of the poverty line; and (2) demonstrate a commitment to reach and enroll such children. Defines "waivered low-income children" as those whose family income: (1) exceeds certain minimum Medicaid-eligible levels required to be established for the age of the child; but (2) does not exceed the Medicaid applicable income level for that child. Provides for expansion of the individuals and entities which may serve as qualified entities with regard to the Medicaid presumptive eligibility option for low-income children. Limits the number of waivered low-income children for a State for FY 1998 and each succeeding fiscal year.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Homeland Security Act''. SEC. 2. ESTABLISHMENT. There is established the ``Commission on Homeland Security'' (in this Act referred to as the ``Commission''). SEC. 3. DUTY OF COMMISSION. The Commission shall study procedures to protect the security of the United States, including, but not limited to-- (1) the efficiency and effectiveness with which Federal departments and agencies perform their security missions; (2) the adequacy of Federal personnel resources to perform security missions; (3) the adequacy and effectiveness of Federal controls over financial and information systems; (4) the accuracy, reliability, and security of personal identification information and systems used by the Federal Government under existing law; (5) how effectively Federal departments and agencies are organized to perform security missions; and (6) the effectiveness of relationships among, and activities of, the Federal Government, the States, and municipalities to protect security. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 21 members appointed as follows: (1) Five members appointed by the President, one of whom shall be the Assistant to the President for Homeland Security. (2) Four members appointed by the Speaker of the House of Representatives. (3) Four members appointed by the minority leader of the House of Representatives. (4) Four members appointed by the majority leader of the Senate. (5) Four members appointed by the minority leader of the Senate. (b) Qualifications.--Members of the Commission shall include individuals with expertise in information technology and security, civil liberties issues, and law enforcement issues. (c) Deadline for Appointment.--Members shall be appointed not later than 60 days after the date of the enactment of this Act. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Pay.--Members shall serve without pay, but each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The Assistant to the President for Homeland Security shall be the Chairperson of the Commission. SEC. 5. EXECUTIVE DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Executive Director.--The Commission shall have an Executive Director who shall be appointed by the Commission. The Executive Director shall be paid at the rate of basic pay for level IV of the Executive Schedule. (b) Staff.--The Commission may appoint and fix the pay of additional personnel as it considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Executive Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay for GS-15 of the General Schedule. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. HEARINGS AND SESSIONS. The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission shall hold a minimum of eight hearings, including hearings in California, New York, Texas, Illinois, and Florida. SEC. 7. ADDITIONAL POWERS OF COMMISSION. (a) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. (b) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (c) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (g) Immunity.--The Commission is an agency of the United States for the purpose of part V of title 18, United States Code (relating to immunity of witnesses). Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. SEC. 8. REPORT. The Commission shall transmit a report to the President and Congress not later than 14 months after the date of the enactment of this Act containing a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislation and administrative actions that the Commission considers appropriate. SEC. 9. TERMINATION. The Commission shall terminate 30 days after submitting its final report pursuant to section 8. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Commission on Homeland Security Act - Establishes a Commission on Homeland Security to study procedures to protect the security of the United States, including: (1) the efficiency and effectiveness with which Federal departments and agencies perform their security missions; (2) the adequacy of Federal personnel resources to perform such missions; (3) the adequacy and effectiveness of Federal controls over financial and information systems; (4) the accuracy, reliability, and security of personal identification information and systems used by the Federal Government under existing law; (5) how effectively Federal departments and agencies are organized to perform security missions; and (6) the effectiveness of relationships among, and activities of, the Government, the States, and municipalities to protect security.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Act of 1964 Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) on December 1, 1955, Rosa Parks' brave act of defiance, refusing to give up her seat to a white person on a segregated bus in Montgomery, Alabama, galvanized the modern civil rights movement and led to the desegregation of the South; (2) on February 1, 1960, 4 college students, Joseph McNeil, Franklin McCain, David Richmond, and Ezell Blair, Jr., asked to be served at a lunch counter in Greensboro, North Carolina, and lunch counter sit-ins began to occur throughout the South to challenge segregation in places of public accommodation; (3) on May 4, 1961, the Freedom Rides into the South began to test new court orders barring segregation in interstate transportation, and riders were jailed and beaten by mobs in several places, including Birmingham and Montgomery, Alabama; (4) Dr. Martin Luther King, Jr., was the leading civil rights advocate of the time, spearheading the civil rights movement in the United States during the 1950s and 1960s with the goal of nonviolent social change and full civil rights for African Americans; (5) on August 28, 1963, Dr. Martin Luther King, Jr., led over 250,000 civil rights supporters in the March on Washington and delivered his famous ``I Have A Dream'' speech to raise awareness and support for civil rights legislation; (6) Mrs. Coretta Scott King, a leading participant in the American civil rights movement, was side-by-side with her husband, Dr. Martin Luther King, Jr., during many civil rights marches, organized Freedom Concerts to draw attention to the Movement, and worked in her own right to create an America in which all people have equal rights; (7) the mass movement sparked by Rosa Parks and led by Dr. Martin Luther King, Jr., among others, called upon the Congress and Presidents John F. Kennedy and Lyndon B. Johnson to pass civil rights legislation which culminated in the enactment of the Civil Rights Act of 1964; (8) the Civil Rights Act of 1964 greatly expanded civil rights protections, outlawing racial discrimination and segregation in public places and places of public accommodation, in federally funded programs and employment and encouraging desegregation in public schools, and has served as a model for subsequent anti-discrimination laws; (9) we are an eminently better Nation because of Rosa Parks, Dr. Martin Luther King, Jr., and all those men and women who have confronted, and continue to confront, injustice and inequality wherever they see it; (10) equality in education was one of the cornerstones of the civil rights movement; (11) on September 10, 1961, Dr. Martin Luther King, Jr., wrote that African American ``students are coming to understand that education and learning have become tools for shaping the future and not devices of privilege for an exclusive few''; (12) over its long and distinguished history, the United Negro College Fund has provided scholarships and operating funds to its member colleges that have enabled more than 300,000 young African Americans to earn college degrees and become successful members of society; (13) those graduates include Dr. Martin Luther King, Jr., as well as leaders in the fields of education, science, medicine, law, entertainment, literature, the military, and politics who have made major contributions to the civil rights movement and the creation of a more equitable society; (14) Congress has an obligation to lead America's continued struggle to fight discrimination and ensure equal rights for all; and (15) the year 2014 will mark the semicentennial of the passage of the Civil Rights Act of 1964. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.--The design of the coins minted under this Act shall be emblematic of the enactment of the Civil Rights Act of 1964 and its contribution to civil rights in America. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2014''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2014. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the United Negro College Fund (UNCF) to carry out the purposes of the Fund, including providing scholarships and internships for minority students and operating funds and technology enhancement services for 39 member historically black colleges and universities. (c) Audits.--The United Negro College Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Fund under subsection (b).

Civil Rights Act of 1964 Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue, during 2014, up to 350,000 one-dollar coins designed to be emblematic of the enactment of the Civil Rights Act of 1964 and its contribution to civil rights in America. Requires sales to include a $10 surcharge per coin, which shall be paid to the United Negro College Fund.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy-Efficient Cool Roof Jobs Act''. SEC. 2. DEPRECIATION RECOVERY PERIOD FOR CERTAIN ROOF SYSTEMS. (a) 20-Year Recovery Period.-- (1) In general.--Subparagraph (F) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of certain property) is amended to read as follows: ``(F) 20-year property.--The term `20-year property' means-- ``(i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and ``(ii) any qualified energy-efficient cool roof replacement property.''. (2) Qualified energy-efficient cool roof replacement property.--Section 168(e) of such Code is amended by adding at the end the following new paragraph: ``(9) Qualified energy-efficient cool roof replacement property.-- ``(A) In general.--The term `qualified energy- efficient cool roof replacement property' means any roof system-- ``(i) which is placed in service-- ``(I) above conditioned or semi- heated space on an eligible commercial building, and ``(II) during the period beginning on the date of the enactment of this paragraph and ending on December 31, 2013, ``(ii) which has a slope equal to or less than 2:12, ``(iii) which replaces an existing roof system, and ``(iv) which includes-- ``(I) insulation which meets or exceeds the minimum prescriptive requirements in tables A-1 to A-9 in the Normative Appendix A of ASHRAE Standard 189.1-2009, and ``(II) in the case of an eligible commercial building located in a climate zone other than climate zone 6, 7, or 8 (as specified in ASHRAE Standard 90.1-2010), a primary roof covering which has a cool roof surface. ``(B) Cool roof surface.--The term `cool roof surface' means a roof the exterior surface of which -- ``(i) has a 3-year-aged solar reflectance of at least 0.55 and a 3-year-aged thermal emittance of at least 0.75, as determined in accordance with the Cool Roof Rating Council CRRC-1 Product Rating Program, or ``(ii) has a 3-year-aged solar reflectance index (SRI) of at least 64, as determined in accordance with ASTM Standard E1980, determined-- ``(I) using a medium-wind-speed convection coefficient of 12 W/m2.K, and ``(II) using the values for 3-year- aged solar reflectance and 3-year-aged thermal emittance determined in accordance with the Cool Roof Rating Council CRRC-1 Product Rating Program. ``(C) Roof system.--The term `roof system' means a system of roof components, including roof insulation and a membrane or primary roof covering, but not including the roof deck, designed to weather-proof and improve the thermal resistance of a building. ``(D) Eligible commercial building.--The term `eligible commercial building' means any building-- ``(i) which is within the scope of ASHRAE Standard 90.1-2010, ``(ii) which is located in the United States, ``(iii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and ``(iv) which was placed in service prior to December 31, 2009. ``(E) ASHRAE.--The term `ASHRAE' means the American Society of Heating, Refrigerating and Air-Conditioning Engineers.''. (b) Requirement To Use Straight Line Method.--Paragraph (3) of section 168(b) of such Code is amended by adding at the end the following new subparagraph: ``(J) Any qualified energy-efficient cool roof replacement property.''. (c) Alternative System.--The table contained in section 168(g)(3)(B) of such Code is amended by striking the last item and inserting the following new items: ``(F)(i)........................................... 25 (F)(ii)........................................... 27.5''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Energy-Efficient Cool Roof Jobs Act - Amends the Internal Revenue Code to classify any qualified energy-efficient cool roof replacement property as 20-year property for depreciation purposes. Defines "qualified energy-efficient cool roof replacement property" as any roof system that: (1) is placed in service above conditioned or semi-heated space on an eligible commercial building during the period between the enactment of this Act and December 31, 2013, (2) has a slope equal to or less than 2:12, (3) replaces an existing roof system, and (4) includes insulation meeting specified standards and a primary roof covering that has a cool roof surface.

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SECTION 1. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE. (a) Repeal of Transfer of Functions.--Section 421 of the Homeland Security Act of 2002 (6 U.S.C. 231) is repealed. (b) Conforming Amendment to Function of Secretary of Homeland Security.--Section 402 of the Homeland Security Act of 2002 (6 U.S.C. 202) is amended-- (1) by striking paragraph (7); and (2) by redesignating paragraph (8) as paragraph (7). (c) Transfer Agreement.-- (1) In general.--Not later than the effective date described in subsection (g), the Secretary of Agriculture and the Secretary of Homeland Security shall enter into an agreement to effectuate the return of functions required by the amendments made by this section. (2) Use of certain employees.--The agreement may include authority for the Secretary of Agriculture to use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants. (d) Restoration of Department of Agriculture Employees.--Not later than the effective date described in subsection (e), all full-time equivalent positions of the Department of Agriculture transferred to the Department of Homeland Security under section 421(g) of the Homeland Security Act of 2002 (6 U.S.C. 231(g)) (as in effect on the day before the effective date described in subsection (g)) shall be restored to the Department of Agriculture. (e) Authority of APHIS.-- (1) Establishment of program.--The Secretary of Agriculture shall establish within the Animal and Plant Health Inspection Service a program, to be known as the ``International Agricultural Inspection Program'', under which the Administrator of the Animal and Plant Health Inspection Service (referred to in this subsection as the ``Administrator'') shall carry out import and entry agricultural inspections. (2) Information gathering and inspections.--In carrying out the program under paragraph (1), the Administrator shall have full access to-- (A) each secure area of any terminal for screening passengers or cargo under the control of the Department of Homeland Security on the day before the date of enactment of this Act for purposes of carrying out inspections and gathering information; and (B) each database (including any database relating to cargo manifests or employee and business records) under the control of the Department of Homeland Security on the day before the date of enactment of this Act for purposes of gathering information. (3) Inspection alerts.--The Administrator may issue inspection alerts, including by indicating cargo to be held for immediate inspection. (4) Inspection user fees.--The Administrator may, as applicable-- (A) continue to collect any agricultural quarantine inspection user fee; and (B) administer any reserve account for the fees. (5) Career track program.-- (A) In general.--The Administrator shall establish a program, to be known as the ``import and entry agriculture inspector career track program'', to support the development of long-term career professionals with expertise in import and entry agriculture inspection. (B) Strategic plan and training.--In carrying out the program under this paragraph, the Administrator, in coordination with the Secretary of Agriculture, shall-- (i) develop a strategic plan to incorporate import and entry agricultural inspectors into the infrastructure protecting food, fiber, forests, bioenergy, and the environment of the United States from animal and plant pests, diseases, and noxious weeds; and (ii) as part of the plan under clause (i), provide training for import and entry agricultural inspectors participating in the program not less frequently than once each year to improve inspection skills. (f) Duties of Secretary.-- (1) In general.--The Secretary of Agriculture (referred to in this subsection as the ``Secretary'') shall-- (A) develop standard operating procedures for inspection, monitoring, and auditing relating to import and entry agricultural inspections, in accordance with recommendations from the Comptroller General of the United States and reports of interagency advisory groups, as applicable; and (B) ensure that the Animal and Plant Health Inspection Service has a national electronic system with real-time tracking capability for monitoring, tracking, and reporting inspection activities of the Service. (2) Federal and state cooperation.-- (A) Communication system.--The Secretary shall develop and maintain an integrated, real-time communication system with respect to import and entry agricultural inspections to alert State departments of agriculture of significant inspection findings of the Animal and Plant Health Inspection Service. (B) Advisory committee.-- (i) Establishment.--The Secretary shall establish a committee, to be known as the ``International Trade Inspection Advisory Committee'' (referred to in this subparagraph as the ``committee''), to advise the Secretary on policies and other issues relating to import and entry agricultural inspection. (ii) Model.--In establishing the committee, the Secretary shall use as a model the Agricultural Trade Advisory Committee. (iii) Membership.--The committee shall be composed of members representing-- (I) State departments of agriculture; (II) directors of ports and airports in the United States; (III) the transportation industry; (IV) the public; and (V) such other entities as the Secretary determines to be appropriate. (3) Report.--Not less frequently than once each year, the Secretary shall submit to Congress a report containing an assessment of-- (A) the resource needs for import and entry agricultural inspection, including the number of inspectors required; (B) the adequacy of-- (i) inspection and monitoring procedures and facilities in the United States; and (ii) the strategic plan developed under subsection (e)(5)(B)(i); and (C) new and potential technologies and practices, including recommendations regarding the technologies and practices, to improve import and entry agricultural inspection. (4) Funding.--The Secretary shall pay the costs of each import and entry agricultural inspector employed by the Animal and Plant Health Inspection Service-- (A) from amounts made available to the Department of Agriculture for the applicable fiscal year; or (B) if amounts described in subparagraph (A) are unavailable, from amounts of the Commodity Credit Corporation. (g) Effective Date.--The amendments made by this section take effect on the date that is 180 days after the date of enactment of this Act.

Amends the Homeland Security Act to repeal the transfer of agricultural import and entry inspection functions from the Department of Agriculture to the Department of Homeland Security (DHS). Directs the Secretary of Agriculture to establish within the Animal and Plant Health Inspection Service the international agricultural inspection program to carry out import and entry agricultural inspections.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reserve Employer Tax Credit Act of 2001''. SEC. 2. TAX CREDIT FOR RESERVE FORCES PARTICIPATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45E. RESERVE FORCE PARTICIPATION CREDIT. ``(a) General Rule.--For purposes of section 38, the reserve force participation credit determined under this section is an amount equal to the sum of-- ``(1) the employment credit with respect to all qualified employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 50 percent of the amount of qualified compensation that would have been paid to the employee with respect to all periods during which the employee participates in qualified reserve duty to the exclusion of normal employment duties, including time spent in a travel status had the employee not been participating in qualified reserve duty. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(2) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the employee participates in qualified reserve duty, the term `qualified compensation' means compensation-- ``(A) which is normally contingent on the employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the employee were present and receiving such compensation, and ``(B) which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the employee participates in qualified reserve duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the employee. ``(3) Qualified employee.--The term `qualified employee' means a person who-- ``(A) has been an employee of the taxpayer for the 21-day period immediately preceding the period during which the employee participates in qualified reserve duty, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(c) Self-Employment Credit.-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 50 percent of the excess, if any, of-- ``(A) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(B) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402) of the taxpayer for the taxable year divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit In Addition to Deduction.--The employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee during any period the employee participates in qualified reserve duty to the exclusion of normal employment duties. ``(e) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The credit allowed by subsection (a) for the taxable year-- ``(i) shall not exceed $7,500 in the aggregate, and ``(ii) shall not exceed $2,000 with respect to each qualified employee. ``(B) Controlled groups.--For purposes of applying the limitations in subparagraph (A)-- ``(i) all members of a controlled group shall be treated as one taxpayer, and ``(ii) such limitations shall be allocated among the members of such group in such manner as the Secretary may prescribe. For purposes of this subparagraph, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as members of a controlled group. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the two succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period for which the person on whose behalf the credit would otherwise be allowable is called or ordered to active duty for any of the following types of duty: ``(A) active duty for training under any provision of title 10, United States Code, ``(B) training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code, or ``(C) full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(f) General Definitions and Special Rules.-- ``(1) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(2) Qualified reserve duty.--The term `qualified reserve duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(3) Normal employment and self-employment duties.--A person shall be deemed to be participating in qualified reserve duty to the exclusion of normal employment or self-employment duties if the person does not engage in or undertake any substantial activity related to the person's normal employment or self-employment duties while participating in qualified reserve duty unless in an authorized leave status or other authorized absence from military duties. If a person engages in or undertakes any substantial activity related to the person's normal employment or self-employment duties at any time while participating in a period of qualified reserve duty, unless during a period of authorized leave or other authorized absence from military duties, the person shall be deemed to have engaged in or undertaken such activity for the entire period of qualified reserve duty. ``(4) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section.'' (b) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended-- (1) by striking ``plus'' at the end of paragraph (12), (2) by striking the period at the end of paragraph (13) and inserting ``, plus'', and (3) by adding at the end the following new paragraph: ``(14) the reserve force participation credit determined under section 45E(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45D the following new item: ``Sec. 45E. Reserve force participation credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the calendar year which includes the date of the enactment of this Act. SEC. 3. DEDUCTION OF CERTAIN EXPENSES PAID OR INCURRED BY MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES. (a) In General.--Paragraph (2) of section 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by adding at the end the following new subparagraph: ``(D) Certain expenses of members of reserve components of the armed forces of the united states.-- The deductions allowed by part VI (section 161 and following) which consist of-- ``(i) expenses of travel, meals, and lodging while away from home, and ``(ii) expenses of transportation, paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a Reserve component of the Armed Forces (as defined in section 10101 of title 10, United States Code).''. (b) Two Percent Floor on Itemized Deductions Not To Apply.-- Subsection (b) of section 67 of such Code is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) the deductions under part VI (section 161 and following) for expenses paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a Reserve component of the Armed Forces (as defined in section 10101 of title 10, United States Code).''. (c) 50-Percent Ceiling on Deduction for Meal and Entertainment, Etc., Expenses Not To Apply.--Paragraph (2) of section 274(n) of such Code is amended by striking ``or'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, or'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) any expense in connection with the performance of services by the taxpayer as a member of a Reserve component of the Armed Forces (as defined in section 10101 of title 10, United States Code).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the calendar year which includes the date of the enactment of this Act.

Reserve Employer Tax Credit Act of 2001 - Amends the Internal Revenue Code to provide: (1) employers a business tax credit for a portion of compensation that was not paid with respect to members of the military reserves who were absent from work on qualified reserve duty; (2) a comparable credit for participating self-employed individuals; and (3) for the deduction of certain expenses paid or incurred by members of a Reserve component of the armed forces.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Back and Spinal Therapy Act''. SEC. 2. FINDINGS. Congress finds the following: (1) One in five members of the Armed Forces who were wounded and evacuated from Afghanistan during the summer and early fall of 2009 suffered a spinal injury, and at least 14 of such members were left paralyzed or with loss of sensation. (2) In Afghanistan, members of the Armed Forces routinely carry up to 33 percent more than the suggested maximum weight and up to nearly 75 percent of a member's own body weight-- routinely hefting combat gear that can exceed 120 pounds, causing large numbers of spinal, back, and musculoskeletal injuries and pain. (3) The use of massive improvised explosive devices by insurgents against heavily armed mine resistant ambush protected vehicles has significantly increased the number of spinal, back, and musculoskeletal injuries and pain. (4) Advances in both body armor protection and medical treatment have drastically decreased the number of deaths among deployed members of the Armed Forces, but there has been an increase in the number of members with spinal, back, and musculoskeletal injuries and long-term pain. (5) Members of the Armed Forces returning from Iraq are more likely to suffer lingering, debilitating injuries from back and musculoskeletal pain than from battle wounds, according to statistics compiled by the Secretary of Veterans Affairs. (6) Diagnoses of ruptured spinal discs, compressed discs, degenerative disc disease, and myofascial pain syndrome are common in members of the Armed Forces returning from Afghanistan and Iraq. (7) Spinal and back injuries are the most expensive musculoskeletal disorder to treat. (8) Certain facilities of the Department of Veterans Affairs offer outstanding non-invasive technologies for treating spinal, back, and musculoskeletal injuries as well as any accompanying mental health issues. (9) Traditional medical approaches to spinal, back, and musculoskeletal injuries typically involve a combination of long-term medication, surgery, and short-term physical therapy. (10) Using non-invasive techniques to treat veterans with spinal, back, and musculoskeletal injuries can improve the health outcomes for such veterans and drastically reduce the long-term costs of care for such veterans by breaking the cycle of expensive surgery followed by long-term pain medication that often leads to addiction, depression, anxiety, and weight gain. (11) Non-invasive techniques that are not widely available in medical facilities of the Department of Veterans Affairs, including manual physical therapy, core strengthening and stabilization therapy, water exercise therapy, group exercise therapy, and pain management therapy, should be evaluated in an evidence-based medicine framework to assess their effectiveness. SEC. 3. PILOT PROGRAM TO PROVIDE VETERANS WITH NON-INVASIVE TECHNIQUES FOR SPINAL, BACK, AND MUSCULOSKELETAL INJURIES. (a) Establishment.--The Secretary of Veterans Affairs shall establish a pilot program to-- (1) provide covered veterans with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain; and (2) use an evidence-based medicine framework to assess the effectiveness of such non-invasive techniques. (b) Scope.-- (1) Size.--The pilot program shall include a representative sample of covered veterans that is of sufficient size for the Secretary to determine-- (A) the effectiveness and feasibility of providing veterans with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain; and (B) the unique considerations that exist with respect to providing such treatment-- (i) to female veterans; (ii) to veterans of various ages; and (iii) to veterans located in various regions of the United States, including both urban and rural locations. (2) Preference.--In selecting covered veterans to participate in the pilot program, the Secretary shall give preference to covered veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn. (c) Administration.--In administering the pilot program, the Secretary shall-- (1) determine the type of non-invasive technique to provide to a covered veteran; (2) determine the effect of allowing self-referral by a veteran to receive non-invasive techniques compared with requiring a veteran to receive a referral from a physician for non-invasive techniques; and (3) ensure the use of telehealth technology to provide covered veterans who reside in rural locations (as determined by the Secretary) with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain. (d) Partnership.-- (1) University.--In administering the pilot program, the Secretary shall seek to enter into an agreement with a university affiliated with the Department of Veterans Affairs to carry out the pilot program. (2) Selection.--In entering into an agreement with a university under paragraph (1), the Secretary shall ensure that the individuals who treat covered veterans with non-invasive techniques for spinal, back, and musculoskeletal injuries and pain-- (A) are trained to-- (i) effectively treat such veterans; and (ii) recognize the unique experiences of such veterans, including experiences related to serving in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn; and (B) use best practices and technologies with respect to the non-invasive technique being used to treat such veterans. (e) Duration.--The pilot program shall begin not later than March 1, 2011, and shall continue for two years. (f) Reports.-- (1) Initial report.--Not later than June 1, 2012, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on the pilot program, including-- (A) an analysis of the effectiveness and cost- effectiveness of each non-invasive technique provided under the pilot program; (B) an analysis of how the Secretary would incorporate non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain at medical facilities of the Department of Veterans Affairs; (C) the amount of cost-savings, if any, created by providing veterans with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain; (D) a comparison of the non-invasive techniques provided under the pilot program with other methods used by the Secretary to treat spinal, back, and musculoskeletal injuries and pain; and (E) recommendations of the Secretary with respect to-- (i) continuing or expanding the pilot program; and (ii) any legislation or other actions to improve treating veterans with spinal, back, and musculoskeletal injuries and pain. (2) Final report.--Not later than June 1, 2013, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report containing updated information to the report submitted under paragraph (1). (g) Definitions.--In this section: (1) The term ``covered veteran'' means a veteran who-- (A) has a service-connected spinal, back, or musculoskeletal injury; or (B) is eligible for hospital care, medical services, and nursing home care by virtue of section 1710(e)(1)(D) of title 38, United States Code. (2) The term ``non-invasive techniques'' means methods of treatment for spinal, back, and musculoskeletal injuries and pain other than surgery, including-- (A) manual physical therapy, core strengthening and stabilization therapy, water exercise therapy, group exercise therapy, and pain management therapy; (B) such methods (including recreational therapy) used by the War Related Illness and Injury Study Center of the Department of Veterans Affairs located in Palo Alto, California, and the mindfulness based stress reduction program of the Puget Sound Health Care System of the Department of Veterans Affairs that the Secretary determines to have been successful; and (C) such other methods not widely available in medical facilities of the Department of Veterans Affairs.

Veterans Back and Spinal Therapy Act - Directs the Secretary of Veterans Affairs (VA) to establish a two-year pilot program to: (1) provide covered veterans with non-invasive techniques to treat spinal, back, and musculoskeletal injuries and pain; and (2) use an evidence-based medicine framework to assess the effectiveness of such techniques. Includes as a covered veteran one who: (1) has a service-connected spinal, back, or musculoskeletal injury; or (2) is eligible for VA hospital or nursing home care or medical services by reason of active duty in a theater of combat operations during a period of war after the Persian Gulf War. Requires the Secretary, in selecting program participants, to give a preference to veterans who served in Operations Enduring Freedom, Iraqi Freedom, or New Dawn.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Oceanic and Atmospheric Administration Atmospheric and Satellite Program Authorization Act of 1993''. TITLE I--AUTHORIZATION OF APPROPRIATIONS SEC. 101. NATIONAL WEATHER SERVICE. (a) Operations and Research.--There are authorized to be appropriated to the Secretary of Commerce (in this Act referred to as the ``Secretary'') to enable the National Oceanic and Atmospheric Administration to carry out the operations and research duties of the National Weather Service, $473,256,000 for fiscal year 1994 and $492,185,000 for fiscal year 1995. Such duties include meteorological, hydrological, and oceanographic public warnings and forecasts, as well as applied research in support of such warnings and forecasts. (b) Systems Acquisition.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the public warning and forecast systems duties of the National Weather Service, $76,299,000 for fiscal year 1994 and $14,600,000 for fiscal year 1995. Such duties include the development, acquisition, and implementation of major public warning and forecast systems. None of the funds authorized under this subsection shall be used for the purposes for which funds are authorized under section 102(b) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102-567). None of the funds authorized under this subsection for fiscal year 1995 shall be used for the purposes for which funds are authorized under subsections (c) and (d) of this section. No funds may be expended for Next Generation Doppler Weather Radar (NEXRAD) until the requirements of paragraph (2)(A) or (B) of such section 102(b) have been fulfilled by the Secretary. None of the funds authorized by such section 102(b) shall be expended for a particular NEXRAD installation unless-- (1) it is identified as a National Weather Service NEXRAD installation in the National Implementation Plan for modernization of the National Weather Service for fiscal year 1994, required under section 703 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102-567); (2) the Secretary, in consultation with the Modernization Transition Committee established under section 707 of the National Oceanic and Atmospheric Administration Authorization Act of 1992, has made a determination of technical and programmatic necessity with respect to such installation and a period of 60 legislative days after the transmittal to the Congress of such determination, or the period between such transmittal and the next October 1, whichever period is longer, has passed; or (3) it is to be used only for spare parts, not as an installation at a particular site. For purposes of this subsection, the term ``legislative day'' means any day on which either House of Congress is in session. (c) ASOS Complete Program Authorization.--(1) Except as provided in paragraph (2), there are authorized to be appropriated to the Secretary for all fiscal years beginning after September 30, 1994, an aggregate of $30,808,000, to remain available until expended, to complete the acquisition and deployment of-- (A) the Automated Surface Observing System and related systems, including multisensor and backup arrays for National Weather Service sites at airports; and (B) Automated Meteorological Observing System and Remote Automated Meteorological Observing System replacement units, and to cover all associated activities, including program management and operations and maintenance through September 30, 1996. (2) No funds are authorized to be appropriated for any fiscal year under paragraph (1) unless, within 60 days after the submission of the President's budget request for such fiscal year, the Secretary-- (A) certifies to the Congress that-- (i) the systems meet the technical performance specifications included in the system contract as in effect on February 20, 1991; (ii) the systems can be fully deployed, sited, and operational without requiring further appropriations beyond amounts authorized under paragraph (1); and (iii) the Secretary does not foresee any delays in the systems deployment and operations schedule; or (B) submits to the Congress a report which describes-- (i) the circumstances which prevent a certification under subparagraph (A); (ii) remedial actions undertaken or to be undertaken with respect to such circumstances; (iii) the effects of such circumstances on the systems deployment and operations schedule and systems coverage; and (iv) a justification for proceeding with the program, if appropriate. (d) AWIPS Complete Program Authorization.--(1) Except as provided in paragraph (2), there are authorized to be appropriated to the Secretary for all fiscal years beginning after September 30, 1994, an aggregate of $315,887,000, to remain available until expended, to complete the acquisition and deployment of the Advanced Weather Interactive Processing System and NOAA Port and to cover all associated activities, including program management and operations and maintenance through September 30, 1999. (2) No funds are authorized to be appropriated for any fiscal year under paragraph (1) unless, within 60 days after the submission of the President's budget request for such fiscal year, the Secretary-- (A) certifies to the Congress that-- (i) the systems meet the technical performance specifications included in the system contract as in effect on January 5, 1993; (ii) the systems can be fully deployed, sited, and operational without requiring further appropriations beyond amounts authorized under paragraph (1); and (iii) the Secretary does not foresee any delays in the systems deployment and operations schedule; or (B) submits to the Congress a report which describes-- (i) the circumstances which prevent a certification under subparagraph (A); (ii) remedial actions undertaken or to be undertaken with respect to such circumstances; (iii) the effects of such circumstances on the systems deployment and operations schedule and systems coverage; and (iv) a justification for proceeding with the program, if appropriate. (e) Construction of Weather Forecast Offices.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out construction, repair, and modification activities relating to new and existing weather forecast offices, $62,784,000 for fiscal year 1994 and $14,739,000 for fiscal year 1995. Such activities include planning, design, and land acquisition related to such offices. SEC. 102. ATMOSPHERIC RESEARCH. (a) Climate and Air Quality Research.-- (1) In general.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out its climate and air quality research duties, $105,922,000 for fiscal year 1994 and $138,737,000 for fiscal year 1995. Such duties include interannual and seasonal climate research and long-term climate and air quality research. (2) Climate and global change.--Of the sums authorized under paragraph (1), $66,902,000 for fiscal year 1994 and $84,573,000 for fiscal year 1995 are authorized to be appropriated for the purposes of studying climate and global change, including global observations, monitoring, and data and information management relating to the study of changes in the Earth's climatic system, and fundamental research on oceanic and atmospheric processes critical to climate prediction and diagnostics. (b) Atmospheric Programs.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out its atmospheric research duties, $42,103,000 for fiscal year 1994 and $52,980,000 for fiscal year 1995. Such duties include research for developing improved prediction capabilities for atmospheric processes, as well as solar-terrestrial research and services. SEC. 103. NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE. (a) Satellite Observing Systems.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out its satellite observing systems duties, $206,383,000 for fiscal year 1994 and $217,710,000 for fiscal year 1995, except that no funds may be expended for Geostationary Operational Environmental Satellite until the requirements of section 105(d)(2) (A) or (B) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102-567) have been fulfilled by the Secretary. Such duties include spacecraft procurement, launch, and associated ground station systems involving polar orbiting and geostationary environmental satellites, as well as the operation of such satellites. None of the funds authorized under this subsection shall be used for the purposes for which funds are authorized under section 105(d) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102-567). None of the funds authorized under this subsection for fiscal year 1995 shall be used for the purposes for which funds are authorized under subsection (b) of this section. (b) POES Complete Program Authorization.--(1) Except as provided in paragraph (2), there are authorized to be appropriated to the Secretary for all fiscal years beginning after September 30, 1994, an aggregate of $196,343,000, to remain available until expended, to complete the procurement of Polar Orbiting Environmental Satellites J, K, L, and M, and the procurement of the launching and supporting ground systems of such satellites. (2) No funds are authorized to be appropriated for any fiscal year under paragraph (1) unless, within 60 days after the submission of the President's budget request for such fiscal year, the Secretary-- (A) certifies to the Congress that-- (i) the satellite instruments meet the technical performance specifications included in the satellite contracts as in effect on July 27, 1988; (ii) the procurements can be completed without requiring further appropriations beyond amounts authorized under paragraph (1); and (iii) the Secretary does not foresee any gaps in two-satellite service operations resulting from nonperformance of the satellite contract; or (B) submits to the Congress a report which describes-- (i) the circumstances which prevent a certification under subparagraph (A); (ii) remedial actions undertaken or to be undertaken with respect to such circumstances; (iii) the effects of such circumstances on the launch schedule and satellite coverage; and (iv) a justification for proceeding with the program, if appropriate. (3) No funds for Polar Orbiting Environmental Satellites, other than for Polar Orbiting Environmental Satellites J, K, L, and M, are authorized to be appropriated under subsection (a) unless the Director of the Office of Science and Technology Policy submits an implementation plan for a single operational polar environmental and weather satellite system and the policy for polar satellite system convergence with the European Organization for the Exploitation of Meteorological Satellites (EUMETSAT). (c) Environmental Data and Information Services.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out its environmental data and information services duties, $34,068,000 for fiscal year 1994 and $41,227,000 for fiscal year 1995. Such duties include climate data services, geophysical data services, and environmental assessment and information services. SEC. 104. PROGRAM SUPPORT. (a) Administration and Services.--There are authorized to be appropriated to the Secretary for Administration and Services, $73,319,000 for fiscal year 1994 and $76,252,000 for fiscal year 1995. (b) Aircraft Services.--There are authorized to be appropriated to the Secretary for Aircraft Services and Aircraft Critical Safety and Instrumentation, $9,495,000 for fiscal year 1994 and $9,875,000 for fiscal year 1995. SEC. 105. LIMITATION ON APPROPRIATIONS. Notwithstanding any other provision of law, except as provided in section 101(c) and (d) and section 103(b), no funds are authorized to be appropriated for any fiscal year after fiscal year 1995 for carrying out the programs for which funds are authorized by this Act. This section shall not apply to the programs described in section 102(a)(2) or section 104(a). TITLE II--MISCELLANEOUS PROVISIONS SEC. 201. STRATEGIC PLAN FOR ENVIRONMENTAL RESEARCH LABORATORIES. (a) Assessment.--The Secretary shall conduct an assessment of the long-term role and mission of the Environmental Research Laboratories of the National Oceanic and Atmospheric Administration and the relevance of the research conducted therein to issues of global and national importance. In conducting such assessment, the Secretary shall take into consideration-- (1) the adequacy of resources provided to support the missions of the Environmental Research Laboratories; (2) the ability of the Environmental Research Laboratories to provide research support for the coastal and ocean management and regulatory responsibilities of the National Oceanic and Atmospheric Administration; (3) the capacity of the Environmental Research Laboratories to process and disseminate environmental data and information collected and processed, or expected to be collected and processed, by the National Oceanic and Atmospheric Administration and other appropriate Federal departments and agencies; (4) the mission of the Environmental Research Laboratories to provide solar-terrestrial services to the Nation; (5) the ability of the Environmental Research Laboratories to provide continued support for the modernization of weather services; (6) the responsibilities of the Environmental Research Laboratories to monitor, assess, and predict changes in the Earth's climate; (7) the capability of the Environmental Research Laboratories to integrate and interpret scientific data in order to provide information useful to policy makers for responding to national and global environmental concerns; (8) the operational efficiency and effectiveness of the Environmental Research Laboratories; (9) the interaction of the Environmental Research Laboratories with the academic community, including Joint and Cooperative Institutes, and the ability of these interactions to improve the quality and effectiveness of research; (10) the number, location, and geographic distribution of the Environmental Research Laboratories; and (11) any other issues that the Secretary may identify. (b) Comprehensive Strategic Plan.--Not later than 1 year after the date of enactment of this Act, the Secretary shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology and the Committee on Merchant Marine and Fisheries of the House of Representatives a comprehensive strategic plan, based on the assessment conducted under subsection (a), to modernize and improve the role and mission of the Environmental Research Laboratories of the National Oceanic and Atmospheric Administration. The assessment conducted under subsection (a) shall be submitted along with such plan. SEC. 202. HYDROLOGICAL RESEARCH AND FLOOD FORECAST MODERNIZATION REPORT. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Secretary, in consultation with the heads of other appropriate Federal agencies, shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report identifying the actions required to improve the hydrological research programs and to modernize the Flood Forecasting System of the National Weather Service. (b) Report Contents.--The report required under subsection (a) shall include consideration of-- (1) current, planned, and potential technological improvements in the collection of observational hydrological data; (2) use of additional satellite remote-sensing data and airborne surveys, including those systems operated by other Federal agencies, for hydrological data collection; (3) improvements in data analysis and computer modeling in support of flood forecasts and predictions; and (4) full integration of the River Forecast Centers in the National Weather Service Modernization Plan. SEC. 203. SENSE OF CONGRESS. It is the sense of Congress that any transfers of National Weather Service employees from field offices necessitated by the National Implementation Plan for Modernization of the National Weather Service be carried out in a manner that will not result in the degradation of services in the service area of such field office. Passed the House of Representatives November 20, 1993. Attest: DONNALD K. ANDERSON, Clerk. By Dallas L. Dendy, Jr., Assistant to the Clerk. HR 2811 RFS----2

National Oceanic and Atmospheric Administration Atmospheric and Satellite Program Authorization Act of 1993 - Title I: Authorization of Appropriations - Authorizes appropriations to the Secretary of Commerce for: (1) the National Weather Service (operations and research, systems acquisition, and construction of NEXRAD facilities and weather forecast offices); (2) atmospheric research (climate and air quality research and atmospheric programs); (3) national environmental data and information services and satellite observing systems; and (4) program support (administration and services and aircraft services). Title II: Miscellaneous Provisions - Directs the Secretary to: (1) develop a strategic plan for the National Oceanic and Atmospheric Administration's environmental research laboratories; and (2) prepare a hydrological research and flood forecasting modernization report. Expresses the sense of the Congress that any transfers of National Weather Service field office employees necessitated by the National Implementation Plan for Modernization of the National Weather Service be carried out in a manner that will not degrade field services.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternatives to Opioids (ALTO) in the Emergency Department Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Opioids contributed to the deaths of more than 42,000 people in 2016, more than any year on official record. Forty percent of all opioid overdose deaths involve a prescription opioid. (2) The economic burden of prescription opioid misuse in the United States is estimated to be $78,500,000,000 per year. This includes costs stemming from health care, including addiction treatment, lost productivity, and criminal justice involvement. (3) Over 200 million opioid prescriptions are written in the United States each year, and 2,000,000 Americans have the symptoms of substance use disorder. (4) Approximately 21 to 29 percent of patients prescribed opioids for chronic pain misuse them. (5) Emergency departments in several States, including in New Jersey and Colorado, have developed innovative programs to more widely utilize non-opioid pain treatments to reduce the use of opioids. SEC. 3. EMERGENCY DEPARTMENT ALTERNATIVES TO OPIOIDS DEMONSTRATION PROGRAM. (a) Demonstration Program Grants.--The Secretary of Health and Human Services acting through the Assistant Secretary for Mental Health and Substance Use (in this section referred to as the ``Secretary'') shall carry out a 3-year demonstration program under which the Secretary shall award grants to eligible hospitals and emergency departments, including freestanding emergency departments, to develop, implement, enhance, or study alternative pain management protocols and treatments that promote the appropriate limited use of opioids in emergency departments. (b) Eligibility.--To be eligible to receive a grant under subsection (a), a hospital or emergency department shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Geographic Diversity.--In awarding grants under this section, the Secretary shall seek to ensure geographical diversity among grant recipients. (d) Use of Funds.--In addition to the activities described in subsection (a), grants under this section shall be used to-- (1) target common painful conditions, which may include renal colic, sciatica, headaches, musculoskeletal pain, and extremity fractures; (2) train providers and other hospital personnel on protocols and use of treatments that promote the appropriate limited use of opioids in the emergency department; (3) collect data, including data required for the reporting requirement established under subsection (f); and (4) provide alternatives to opioids to patients with painful conditions, not including patients who present with pain related to cancer, end-of-life symptom palliation, or complex multisystem trauma. (e) Duties of the Secretary.--The Secretary shall offer to each recipient of a grant under subsection (a) technical support through a process that provides for-- (1) the provision of information by the Secretary on alternative pain management protocols and treatments, which may include-- (A) non-opioid medications; (B) protocols and treatments that do not involve a medication; (C) alternative pain management protocols and treatments that are appropriate to use for specific common painful conditions, such as renal colic, back pain, pain from fractures, and other common painful conditions that present to the emergency department; (D) the alternative pain management protocol or treatments, if any, that are appropriate for certain patient populations, such as geriatric patients, pregnant patients, and pediatric patients; and (E) any other information the Secretary determines necessary; and (2) the provision of information by emergency departments and providers that have successfully implemented alternatives to opioids programs in the emergency department, promoting non- opioid protocols and medications while appropriately limiting the use of opioids. (f) Report to the Secretary.--Each recipient of a grant under this section shall submit to the Secretary annual evaluations of the progress of the program funded through the grant. These evaluations shall include-- (1) a description of and specific information about the alternative pain management protocols and treatments employed; (2) data on the alternative pain management protocols and treatments employed, including-- (A) during a baseline period before the program began, as defined by the Secretary; (B) at various stages of the program, as determined by the Secretary; (C) the conditions for which the alternative pain management protocols and treatments were employed; and (D) data on patients' self-reported pain rating, using a pain scale model provided by the Secretary, before and after the alternative pain management protocol or treatment was provided; (3) data on the opioid prescriptions written, including-- (A) during a baseline period before the program began, as defined by the Secretary; (B) at various stages of the program, as determined by the Secretary; (C) the conditions for which the opioids were prescribed; and (D) data on patients' self-reported pain rating, using a pain scale model provided by the Secretary, before and after the opioid prescription was provided; (4) the demographic characteristics of patients who were treated with an alternative pain management protocol, including age, sex, race, ethnicity, and insurance status and type; (5) data on patients who were eventually prescribed opioids after alternative pain management protocols and treatments were employed; (6) data on patients who were transitioned to inpatient care following treatment with an alternative pain management protocol and treatment; and (7) any other information the Secretary deems necessary. (g) Report to Congress.--Not later than 120 days after completion of the demonstration program under this section, the Secretary shall submit a report to the Congress on the results of the demonstration program and include in the report-- (1) the number of applications received and the number funded; (2) a summary of the evaluations described in subsection (f), including standardized data; and (3) recommendations for broader implementation of pain management protocols that limit the use of opioids in emergency departments or other areas of the health care delivery system. (h) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2019 through 2021.

Alternatives to Opioids (ALTO) in the Emergency Department Act This bill requires the Department of Health and Human Services to carry out a three-year demonstration program awarding grants to hospitals and emergency departments to develop, implement, enhance, or study alternative pain management protocols and treatments that promote limited use of opioids in emergency departments.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Afghanistan Status of Forces Agreement (SOFA) Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Al Qaeda, a terrorist organization using Afghanistan as a base of operations, attacked the United States on September 11, 2001, killing nearly 3,000 people in New York, Pennsylvania, and Virginia. (2) Congress passed and the President signed the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) on September 18, 2001. (3) The United States initiated Operation Enduring Freedom to combat Al Qaeda and prevent the Taliban regime in Afghanistan from providing Al Qaeda with safe harbor. (4) The Taliban was removed from power and the United States concluded security agreements with the newly formed Afghan government. (5) Al Qaeda no longer has a major or relevant presence in Afghanistan. (6) The United States and Afghanistan has exchanged notes, signed agreements, and issued ``joint declarations'' on various topics, but have not entered into a bilateral agreement on the status of forces. (7) A status of forces agreement with Afghanistan would not expressly authorize the United States to carry out military operations in Afghanistan but would recognize that such operations are ongoing. (8) The United States is currently party to more than 100 agreements on the status of forces. (9) A status of forces agreement may be a multilateral or bilateral agreement addressing the status of United States Armed Forces while present in a foreign country. (10) Status of forces agreements may include--but are not limited to--how the domestic laws of the foreign jurisdiction shall be applied to United States personnel and contractors while in that country. (11) In a similar agreement, parties have pledged to work cooperatively in a number of fields, including on diplomatic, security, economic, cultural, and law enforcement matters. (12) In a similar agreement, a deadline has been established for the withdrawal of United States troops by a date certain. (13) United States personnel subject to a status of forces agreement may include members of the United States Armed Forces, Department of Defense civilian employees, and contractors working for the Department of Defense. SEC. 3. STATUS OF FORCES AGREEMENT WITH AFGHANISTAN. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the President shall seek to negotiate and enter into a bilateral status of forces agreement with the Government of Afghanistan in accordance with the requirements of this section. (b) Mandatory Elements.--The status of forces agreement specified in subsection (a) shall, to the maximum extent practicable-- (1) prohibit the permanent basing or military presence of United States Armed Forces in Afghanistan; (2) provide a date, no later than 1 year after the date on which the agreement is entered into with the Government of Afghanistan, for the complete, safe, and orderly redeployment from Afghanistan of all members of the United States Armed Forces, Department of Defense civilian employees, and contractors working for the Department of Defense; and (3) establish that the temporary presence of United States Armed Forces in Afghanistan is at the request and invitation of the sovereign Government of Afghanistan. (c) Discretionary Elements.--The status of forces agreement specified in subsection (a) may provide for the authorization of specific exercises, activities, or missions of the United States Armed Forces in Afghanistan. (d) Sense of Congress.--It is the sense of Congress that the President should submit the status of forces agreement specified in subsection (a) to the Senate for its advice and consent to ratification as a treaty or alternatively the President should request statutory authorization for the status of forces agreement by Congress. (e) Submission to Congress.-- (1) In general.--The President shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a copy of the status of forces agreement specified in subsection (a). The status of forces agreement shall be submitted in unclassified form but may contain a classified annex if necessary. (2) Availability.--Any Senator or Member of the House of Representatives may review the copy of the status of forces agreement submitted under paragraph (1), including any portions of the agreement contained in the classified annex. (3) Definition.--In paragraph (2), the term ``Member of the House of Representatives'' includes a Delegate or Resident Commissioner to Congress.

United States-Afghanistan Status of Forces Agreement (SOFA) Act of 2011 - Directs the President to seek to enter into a bilateral status of forces agreement with the government of Afghanistan which shall: (1) prohibit the permanent basing or military presence of U.S. Armed Forces in Afghanistan; (2) provide, no later than one year after the date on which such agreement is entered into, for the complete redeployment from Afghanistan of the U.S. Armed Forces and Department of Defense (DOD) civilian employees and contractors; and (3) establish that the temporary presence of U.S. Armed Forces in Afghanistan is at the request of the government of Afghanistan. Authorizes such agreement to provide for specific activities or missions of the U.S. Armed Forces in Afghanistan. Expresses the sense of Congress that the President should submit such agreement to the Senate for its advice and consent to ratification as a treaty or alternatively the President should request statutory authorization for such agreement by Congress.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Ecology Protection Act of 2000''. SEC. 2. BALLAST WATER TREATMENT REGULATIONS REQUIRED. (a) In General.--Section 1101(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (33 U.S.C. 4711(b)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--The Secretary of Transportation shall issue regulations to prevent the introduction and spread of aquatic nuisance species within the Great Lakes. ``(2) Contents of the regulations.--The regulations required by paragraph (1) shall-- ``(A) ensure to the maximum extent practicable that ballast water containing aquatic nuisance species is not discharged into the Great Lakes; ``(B) protect the safety of each vessel, its crew, and passengers, if any; ``(C) apply to all vessels capable of discharging ballast water, whether equipped with ballast water tank systems of otherwise, that enter the Great Lakes after operating on waters beyond the exclusive economic zone; ``(D) require such vessels to-- ``(i) carry out any discharge or exchange of ballast water before entering the Great Lakes; or ``(ii) carry out any discharge or exchange of ballast water within the Great Lakes only in compliance with the regulations; ``(E) take into consideration different vessel operating conditions; ``(F) require the use of environmentally sound treatment methods for ballast water and ballast sediments, such as sterilization, in preventing and controlling infestations of aquatic nuisance species; ``(G) provide for certification by the master of each vessel entering the Great Lakes that such vessel is in compliance with the regulations; ``(H) assure compliance through-- ``(i) sampling procedures; ``(ii) inspection of records; and ``(iii) imposition of sanctions in accordance with subsection (g)(1); ``(I) be based on the best scientific information available; ``(J) not supersede or adversely affect any requirement or prohibition pertaining to the discharge of ballast water into the waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and ``(K) include such other matters as the Secretary considers appropriate.''. (b) Sterilization Defined.--Section 1003 of such Act (33 U.S.C. 4702) is amended by-- (1) redesignating paragraphs (13), (14), (15), (16), and (17) in order as paragraphs (14), (15), (16), (17), and (18); and (2) inserting after paragraph (12) the following: ``(13) `sterilization' means the treatment of sediments in ballast water tanks to remove or destroy all living biological organisms through-- ``(A) filtration; ``(B) the application of biocides or ultraviolet light; or ``(C) thermal methods; ``(D) other treatment techniques approved by the Secretary;''. (c) Maximizing Public Participation in the Formulation of Required Regulations.--The Secretary of Transportation shall maximize public participation in the issuance of regulations required by the amendment made by subsection (a), by-- (1) publishing an advance notice of proposed rulemaking; (2) publishing the advance notice of proposed rulemaking and the proposed rule through means designed to reach persons likely to be subject to or affected by the regulations, including electronic means; (3) making the text of the advance notice of proposed rulemaking and of the proposed rule available through electronic means; (4) providing not less than 120 days for public comment on the proposed rule; (5) providing for an effective date that is not less than 30 days after the date of publication of the final rule; and (6) such other means as the Secretary considers appropriate. (d) Required Regulatory Schedule.-- (1) Issuance of advance notice of proposed rulemaking.--The Secretary shall issue an advance notice of proposed rulemaking for the regulations required by the amendment made by subsection (a) within 30 days after the date of enactment of this Act. (2) Issuance of final regulations.--The Secretary shall issue final regulations required by the amendment made by subsection (a) within 180 days after the date of enactment of this Act.

Sets forth provisions requiring maximum public participation in, and advance notice of, proposed rulemaking with respect to such regulations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless Microphone Users Interference Protection Act of 2013''. SEC. 2. ELIGIBILITY FOR PART 74 LICENSES. Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall take such actions as are necessary to expand eligibility for licenses under section 74.832 of title 47, Code of Federal Regulations, to the owners of, and operators of events and performances at, the following sites: (1) Amusement parks. (2) Arenas. (3) Convention centers. (4) Educational facilities. (5) Houses of worship. (6) Lodging facilities. (7) Museums. (8) Outdoor venues. (9) Recording studios. (10) Theaters. SEC. 3. EXPANDING SCOPE OF SERVICE RULE. Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall expand the scope of service and permissible transmissions currently set forth in section 74.831 of title 47, Code of Federal Regulations, to include the use of wireless microphones in rehearsals and live or recorded events and performances by the persons and entities made eligible for licenses pursuant to section 2 of this Act. SEC. 4. SAFE HAVEN CHANNELS. The Federal Communications Commission shall establish 2 safe haven channels for exclusive use by wireless microphone users that are each 6 MHz in the spectrum ranging from 470 MHz to 698 MHz, inclusive, other than frequencies identified as guard bands and the mid-band gap between the frequencies designated for uplink and downlink service in auctioned 600 MHz spectrum. SEC. 5. ACCESS TO TV BANDS DATABASES. (a) Authorization.--The Federal Communications Commission shall authorize the owners and operators of wireless microphones (and their appointed technical representatives) to have access to the TV bands databases described in subpart H of part 15 of title 47, Code of Federal Regulations, for the purpose of protecting wireless microphone operations from interference. (b) Registration Sites.--Sites that may be registered in the TV bands databases as sites where wireless microphone operations shall be protected pursuant to subsection (a) include the following: (1) Amusement parks. (2) Arenas. (3) Convention centers. (4) Educational facilities. (5) Houses of worship. (6) Lodging facilities. (7) Museums. (8) Outdoor venues. (9) Recording studios. (10) Restaurants. (11) Theaters. SEC. 6. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Amusement park.--The term ``amusement park'' means a commercially operated park equipped with various recreational devices, entertainment, and typically booths for games and the sale of food and drink. (2) Arena.--The term ``arena'' means any building or structure primarily used for an athletic contest, sporting event, or musical performance, such as a stadium or racetrack. (3) Convention center.--The term ``convention center'' means any civic building or group of buildings designed for events, such as conventions, industrial shows, and exhibitions, and which often includes an auditorium, a conference or meeting room, hotel accommodations, a restaurant, or other facilities. (4) Educational facility.--The term ``educational facility'' means any building, place, or institution where instruction to students is provided, including any daycare center, nursery school, public or private school, college or university, career or technical education school, or corporate training center. (5) House of worship.--The term ``house of worship'' means any building, place, or institution devoted to religious worship, including a church, synagogue, temple, mosque, or chapel. (6) Lodging facility.--The term ``lodging facility'' means any individual hotel, motel, or inn that makes accommodation available on a temporary basis for a charge. (7) Museum.--The term ``museum'' means a building, place, or institution devoted to the procurement, care, study, and display of works of art, scientific specimens, and other objects of lasting interest or value. (8) Outdoor venue.--The term ``outdoor venue'' means any outdoor place or area where a fair, concert, sporting event, circus, festival, exhibition, or civic ceremony or presentation is held, such as a fairground, golf course, or pavilion. Such term includes a place or area that is partially enclosed. (9) Recording studio.--The term ``recording studio'' means any facility used primarily for the commercial production or recording of live or prerecorded music, television, motion picture, or other kind of news, sports, entertainment, educational, or religious programming. (10) Restaurant.--The term ``restaurant'' means an establishment where meals may be purchased and consumed. (11) Theater.--The term ``theater'' means any place, building, enclosure, or structure with a seating capacity that is used for a dramatic performance, stage entertainment, musical performance, or motion picture show. (12) Wireless microphone.--The term ``wireless microphone'' means a low power auxiliary station, as defined in subpart H of part 74 of title 47, Code of Federal Regulations, as of the date of enactment of this Act.

Wireless Microphone Users Interference Protection Act of 2013 - Directs the Federal Communications Commission (FCC) to expand eligibility for specified licenses authorizing the operation of low power auxiliary stations to the owners of, and operators of events and performances at: amusement parks, arenas, convention centers, educational facilities, houses of worship, lodging facilities, museums, outdoor venues, recording studios, and theaters. Requires the FCC to: (1) expand scope of service and permissible transmission regulations to include the use of wireless microphones in rehearsals and live or recorded events and performances by such licensees, and (2) establish two safe haven channels for exclusive use by wireless microphone users. Directs the FCC to authorize owners and operators of wireless microphones to have access to TV bands databases to protect wireless microphone operations from interference. (The purpose of the TV bands database is to provide unlicensed Television Band Devices [TVBDs] with the available TV channels at the TVBD's location and to register fixed TVBDs and other locations protected from interference that are not otherwise recorded in FCC licensing databases.) Permits restaurants, as well as the persons and entities made eligible for licenses by this Act, to be registered in such databases as sites where wireless microphone operations shall be protected from interference.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Sanctions Enabling Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There is an increasing interest by States, local governments, educational institutions, and private institutions to seek to disassociate themselves from companies that directly or indirectly support the Government of Iran's efforts to achieve a nuclear weapons capability. (2) Policy makers and fund managers may find moral, prudential, or reputational reasons to divest from companies that accept the business risk of operating in countries that are subject to international economic sanctions or that have business relationships with countries, governments, or entities with which any United States company would be prohibited from dealing because of economic sanctions imposed by the United States. SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN COMPANIES INVESTED IN IRAN'S ENERGY SECTOR. (a) Statement of Policy.--It is the policy of the United States to support the decision of State governments, local governments, and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that have investments of more than $20,000,000 in Iran's energy sector. (b) Authority to Divest.--Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities in Iran described in subsection (c). (c) Investment Activities in Iran Described.--A person engages in investment activities in Iran described in this subsection if the person-- (1) has an investment of $20,000,000 or more in the energy sector of Iran; (2) provides oil or liquified natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquified natural gas, for the energy sector in Iran; or (3) is a financial institution that extends $20,000,000 or more in credit to another person, for 45 days or more, if that person will use the credit to invest in the energy sector in Iran. (d) Requirements.--The requirements referred to in subsection (b) that a measure taken by a State or local government must meet are the following: (1) Notice.--The State or local government shall provide written notice to each person to whom the State or local government, as the case may be, intends to apply the measure, of such intent. (2) Timing.--The measure shall apply to a person not earlier than the date that is 90 days after the date on which the person receives the written notice required by paragraph (1). (3) Opportunity for hearing.--The State or local government shall provide each person referred to in paragraph (1) with an opportunity to demonstrate to the State or local government, as the case may be, that the person does not engage in investment activities in Iran described in subsection (c). If the person demonstrates to the State or local government that the person does not engage in investment activities in Iran described in subsection (c), the measure shall not apply to the person. (4) Sense of the congress on avoiding erroneous targeting.--It is the sense of the Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person engages in investment activities in Iran described in subsection (c). (e) Notice to Department of Justice.--Not later than 30 days after adopting a measure pursuant to subsection (b), a State or local government shall submit to the Attorney General of the United States a written notice which describes the measure. (f) Nonpreemption.--A measure of a State or local government authorized under subsection (b), or described in subsection (i), is not preempted by any Federal law or regulation. (g) Definitions.--In this section: (1) Investment.--The ``investment'' of assets, with respect to a State or local government, includes-- (A) a commitment or contribution of assets; (B) a loan or other extension of credit; or (C) the entry into or renewal of a contract for goods or services. (2) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled directly or indirectly by a State or local government. (B) Exception.--The term ``assets'' does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (h) Effective Date.-- (1) In general.--Except as provided in paragraph (2) of this subsection and subsection (i), this section shall apply to measures adopted by a State or local government on or after the date of the enactment of this Act. (2) Notice requirements.--Subsections (d) and (e) apply to measures adopted by a State or local government on or after the date of the enactment of this Act. (i) Authorization for Prior Enacted Measures.--Notwithstanding any other provision of law, a State or local government may enforce a measure (without regard to the requirements of subsection (d)) adopted by the State or local government before the date of the enactment of this Act that provides for the divestiture of assets of the State or local government from, or prohibits the investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment or business activities in Iran (determined without regard to subsection (c)) identified in the measure. SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended to read as follows: ``(1) In general.--Solely for purposes of this subsection, and notwithstanding any other provision of Federal or State law, no person may bring any civil, criminal, or administrative action against any registered investment company, or any employee, officer, director, or investment adviser thereof, based solely upon the investment company divesting from, or avoiding investing in, securities issued by persons that the investment company determines, using credible information that is available to the public, conduct or have direct investments in business operations in Sudan described in section 3(d) of the Sudan Accountability and Divestment Act of 2007 or engage in investment activities in Iran described in section 3(c) of the Iran Sanctions Enabling Act of 2009. Nothing in this paragraph shall be construed to create, imply, diminish, change, or affect in any way the existence of a private cause of action under any other provision of this Act.''. SEC. 5. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY EMPLOYEE BENEFIT PLANS. Section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end the following new subsection: ``(e) No person shall be treated as breaching any of the responsibilities, obligations, or duties imposed upon fiduciaries by this title for divesting plan assets from, or avoiding investing plan assets in, persons that are determined by such person, using credible information that is available to the public, to be engaged in investment activities in Iran described in section 3(c) of the Iran Sanctions Enabling Act of 2009. Any divestiture of plan assets from, or avoidance of investing plan assets in, persons that are so determined to be engaged in such investment activities shall be treated as in accordance with this title and the documents and instruments governing the plan.''. SEC. 6. DEFINITIONS. In this title: (1) Energy sector.--The term ``energy sector'' refers to activities to develop petroleum or natural gas resources or nuclear power. (2) Financial institution.--The term ``financial institution'' has the meaning given that term in section 14(5) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (3) Iran.--The term ``Iran'' includes any agency or instrumentality of Iran. (4) Person.--The term ``person'' means-- (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and (C) any successor, subunit, parent company, or subsidiary of, or company under common ownership or control with, any entity described in subparagraph (A) or (B). (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State, and any agency or instrumentality thereof; (C) any other governmental instrumentality; and (D) any public institution of higher education within the meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 7. SUNSET. This Act shall terminate 30 days after the date on which the President has certified to the Congress that-- (1) the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; or (2) Iran has ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology. Passed the House of Representatives October 14, 2009. Attest: LORRAINE C. MILLER, Clerk.

Iran Sanctions Enabling Act of 2009 - (Sec. 3) States that it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that the have investments of more than $20 million in Iran's energy sector. Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit their investment in, any person that the state or local government determines, using credible information available to the public, engages in certain investment activities in Iran. Specifies such activities as: (1) the investment of $20 million or more in Iran's energy sector; or (2) provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for that energy sector. Authorizes divestment, as well, from any financial institution which extend $20 million or more in credit to another person, for 45 days or more, if that person will use the credit to invest in Iran's energy sector. Expresses the sense of Congress that a state or local government should not adopt such measures against such a person unless it has made every effort to avoid erroneously targeting the person and has verified that such person engages in such investment activities. Declares that any measure of a state or local government authorized under this Act is not preempted by any federal law or regulation. (Sec. 4) Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by persons that have invested in Sudan or in Iran. (Sec. 5) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to shield from treatment as breaching a fiduciary duty any person divesting employee benefit plan assets from, or avoiding investing plan assets in, persons that have engaged in such investment activities in Iran. (Sec. 7) Terminates this Act 30 days after the President certifies to Congress that the government of Iran has ceased: (1) providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism; or (2) the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Children First Act of 2010''. SEC. 2. EXCLUSION OF CHILD CARE FROM THE DEFINITION OF TANF ASSISTANCE. Section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)) is amended by adding at the end the following: ``(H) Limitation on meaning of `assistance' for families receiving child care.--For purposes of subparagraph (A), any funds provided under this part that are used to provide child care for a family during a month under the State program funded under this part shall not be considered assistance under the program.''. SEC. 3. INCREASE IN FUNDING FOR CHILD CARE. Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) is amended-- (1) by striking the period at the end of subparagraph (G) and inserting a semicolon; and (2) by adding at the end the following: ``(H) $3,717,000,000 for fiscal year 2011; ``(I) $3,773,000,000 for fiscal year 2012; ``(J) $3,841,000,000 for fiscal year 2013; ``(K) $3,917,000,000 for fiscal year 2014; and ``(L) $3,996,000,000 for fiscal year 2015.''. SEC. 4. APPLICABILITY OF STATE OR LOCAL HEALTH AND SAFETY STANDARDS TO OTHER TANF CHILD CARE SPENDING. Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following: ``(8) Certification of procedures to ensure that child care providers comply with applicable state or local health and safety standards.--A certification by the chief executive officer of the State that procedures are in effect to ensure that any child care provider in the State that provides services funded through expenditures under this part or with qualified State expenditures complies with all applicable State or local health and safety requirements as described in section 658E(c)(2)(F) of the Child Care and Development Block Grant Act of 1990.''. SEC. 5. AVAILABILITY OF CHILD CARE FOR PARENTS REQUIRED TO WORK. Section 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2)) is amended-- (1) by inserting ``or other individual with custody'' after ``parent''; and (2) by striking ``6'' and inserting ``13''. SEC. 6. APPLICATION OF CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990 REPORTING RULES TO TANF FUNDS EXPENDED FOR CHILD CARE. (a) In General.--Section 411(a) of the Social Security Act (42 U.S.C. 611(a)) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6), the following: ``(7) Application of child care and development block grant act of 1990 reporting rules to funds expended for child care.-- Any funds provided under this part that are expended for child care, whether or not transferred to the Child Care and Development Block Grant Act of 1990, shall be subject to the individual and case data reporting requirements imposed under that Act and need not be included in the report required by paragraph (1) for a fiscal quarter.''. (b) Conforming Amendment.--Section 411(a)(1)(A)(ix) of such Act (42 U.S.C. 611(a)(1)(A)(ix)) is amended by striking ``supplemental nutrition assistance program benefits, or subsidized child care, and if the latter 2,'' and inserting ``or supplemental nutrition assistance program benefits, and if the latter,''. SEC. 7. EFFECTIVE DATE. (a) In General.--Subject to subsections (b) and (c), the amendments made by this Act shall take effect on October 1, 2010, and shall apply to payments under part A of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Application of Reporting Rules.--The amendments made by section 6 shall take effect on October 1, 2011. (c) Delay Permitted if State Legislation Required.--In the case of a State plan under section 402(a) of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Children First Act of 2010 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to: (1) exclude child care assistance from the determination of the five-year limit on TANF assistance; and (2) increase funding for child care. Requires an eligible state's TANF plan to include a certification by the state's chief executive officer that procedures are in effect to ensure that any child care provider in the state that provides services funded through TANF expenditures or with qualified state expenditures complies with all applicable state or local health and safety requirements under the Child Care and Development Block Grant Act of 1990. Increases from 5 to 12 the maximum age of a child for which a single custodial parent who is unable to find child care for such child will not penalized with a reduction or termination of TANF assistance based on that individual's refusal to engage in required work in order to take care of the child. Subjects to the individual and case data reporting requirements of the Child Care and Development Block Grant Act of 1990 any TANF funds expended for child care, whether or not transferred to that Act, and exempts such funds from SSA reporting requirements.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Census Address List Improvement Act of 1994''. SEC. 2. ADDRESS INFORMATION REVIEWED BY LOCAL GOVERNMENTS. (a) In General.--Chapter 1 of title 13, United States Code, is amended by adding after section 15 the following new section: ``Sec. 16. Address information reviewed by States and local governments ``(a) The Secretary, to assist efforts to ensure the accuracy of censuses and surveys under this title, shall-- ``(1) publish standards defining the content and structure of address information which States and local units of general purpose government may submit to the Secretary to be used in developing a national address list; ``(2)(A) develop and publish a timetable for the Bureau to receive, review, and respond to submissions of information under paragraph (1) before the decennial census date; and ``(B) provide for a response by the Bureau with respect to such submissions in which the Bureau specifies its determinations regarding such information and the reasons for such determinations; and ``(3) be subject to the review process developed under section 3 of the Census Address List Improvement Act of 1994 relating to responses pursuant to paragraph (2). ``(b)(1) The Secretary-- ``(A) shall provide officials who are designated as census liaisons by a local unit of general purpose government with access to census address information for the purpose of verifying the accuracy of the address information of the Bureau for census and survey purposes; and ``(B) together with such access, should provide an explanation of duties and obligations under this title. ``(2) Access under paragraph (1) shall be limited to address information concerning addresses within the local unit of general purpose government represented by the census liaison or an adjacent local unit of general purpose government. ``(3) The Bureau should respond to each recommendation made by a census liaison concerning the accuracy of address information, including the determination (and reasons therefor) of the Bureau regarding each such recommendation. ``(4) For the purposes of paragraph (1), in a case in which a local unit of general purpose government is within another local unit of general purpose government and is not independent of the enclosing unit, the census liaison shall be designated by the local unit of general purpose government which is within the enclosing local unit of general purpose government. ``(5) A census liaison may not use information made available under paragraph (1) for any purpose other than the purpose specified in paragraph (1). ``(c) For the purposes of this section-- ``(1) the term `local unit of general purpose government' has the meaning given such term by section 184(1) of this title; and ``(2) the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.''. (b) Confidentiality.--Section 9(a) of such title is amended-- (1) by inserting ``or local government census liaison,'' after ``thereof,''; and (2) by inserting ``or 16'' after ``section 8''. (c) Penalty.--Section 214 of such title is amended by inserting ``or whoever, being or having been a census liaison within the meaning of section 16 of this title,'' after ``title,'' the second place it appears. (d) Clerical Amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 15 the following: ``16. Address information reviewed by local governments.''. SEC. 3. DEVELOPMENT OF APPEALS PROCESS BY ADMINISTRATOR OF THE OFFICE OF INFORMATION AND REGULATORY AFFAIRS. The Administrator of the Office of Information and Regulatory Affairs, acting through the Chief Statistician and in consultation with the Bureau of the Census, shall develop an appeals process for those States and local units of general purpose government which desire to appeal determinations of the Bureau of the Census pursuant to section 16(a)(2) or (b)(3) of title 13, United States Code. Appeals under such process shall be resolved before the decennial census date. The Chief Statistician shall publish the proposed appeals process for a period of public comment before finalizing such process. SEC. 4. AUTHORITY OF UNITED STATES POSTAL SERVICE TO SHARE ADDRESS LISTS. Section 412 of title 39, United States Code, is amended-- (1) by striking out ``Except'' and all that follows through ``law,'' and inserting in lieu thereof ``(a) Except as specifically provided by subsection (b) or other law,''; and (2) by adding at the end the following: ``(b) The Postal Service shall provide to the Secretary of Commerce for use by the Bureau of the Census such address information, address- related information, and point of postal delivery information, including postal delivery codes, as may be determined by the Secretary to be appropriate for any census or survey being conducted by the Bureau of the Census. The provision of such information under this subsection shall be in accordance with such mutually agreeable terms and conditions, including reimbursability, as the Postal Service and the Secretary of Commerce shall deem appropriate.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Census Address List Improvement Act of 1994 - Directs the Secretary of Commerce to: (1) publish standards defining the content and structure of address information which States and local governments may submit to the Secretary to be used in developing a national address list; (2) develop and publish a timetable for the Bureau of the Census to receive, review, and respond to the submitted information before the decennial census date; (3) provide for a response by the Bureau that specifies its determinations regarding such information and the reasons for such determinations; and (4) be subject to the review process developed under this Act relating to such responses. Directs the Secretary to provide officials who are designated as census liaisons by local governments with access to census address information for the purpose of verifying the accuracy of the Bureau's address information for census and survey purposes and together with such access, provide an explanation of duties and obligations under this Act. Limits such access to the addresses within the local government represented by the census liaison or an adjacent local government. Requires the Bureau to respond to each recommendation made by a census liaison concerning the accuracy of address information, including the determination (and reasons therefor) of the Bureau regarding each such recommendation. Prohibits a census liaison from using information made available under this Act for purposes other than the purposes specified in this Act. Makes provisions that require, with exceptions, that such information be treated as confidential applicable to local government census liaisons. Imposes a fine and up to five years' imprisonment on whoever being or having been a census liaison wrongfully discloses such information. Requires: (1) the Administrator of the Office of Information and Regulatory Affairs, acting through the Chief Statistician, to develop an appeals process for those States and local governments which desire to appeal determinations of the Bureau; and (2) the Postal Service to provide to the Secretary for use by the Bureau such address, address- related, and point of postal delivery information, including postal delivery codes, determined by the Secretary to be appropriate for any census or survey being conducted by the Bureau.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``True Reciprocity Investment Act of 2017''. SEC. 2. CONSIDERATION OF RECIPROCITY OF FOREIGN INVESTMENT. Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended by adding at the end the following: ``(o) Consideration of Reciprocity of Foreign Investment.-- ``(1) Report required.--Not later than 30 days after the date of the enactment of the True Reciprocity Investment Act of 2017, and annually thereafter, the United States Trade Representative shall, in consultation with the Secretary of Commerce and the Secretary of the Treasury, submit to the appropriate congressional committees a report assessing the extent to which the governments of foreign countries allow investments by United States persons in those countries that are similar to investments in the United States made by entities organized under the laws of those countries. ``(2) Elements.--The report required by paragraph (1) shall include, with respect to each country that is a major trading partner of the United States, the following: ``(A) A description of the laws, policies, and practices of the country with respect to foreign investment. ``(B) A comparison of such laws, policies, and practices with the laws, policies, and practices of the United States with respect to foreign investment. ``(C) An assessment of laws, policies, and practices by the government of the country that prohibit, restrict, or delay investment in the country by United States persons. ``(D) An identification of which such laws, policies, and practices have had the most significant effect on investment in that country by United States persons. ``(E) An identification of the industries in the United States that have been most severely affected by such laws, policies, and practices. ``(F) An assessment of the transparency of the process for making such laws, policies, and practices. ``(G) If a bilateral investment treaty is in effect between the United States and the country, an assessment of the extent to which the government of the country has complied with its obligations under the treaty. ``(H) Recommendations with respect to what remedies may be available to facilitate investment in the country by United States persons. ``(I) An assessment of the amount of greenfield investment in the United States by persons organized under the laws of or otherwise subject to the jurisdiction of the country. ``(3) Determinations.--The report required by paragraph (1) shall include the determination of the Trade Representative, after consideration of the elements described in paragraph (2), of whether each country that is a major trading partner of the United States-- ``(A) has high barriers to investment by United States persons (to be known as a `high barrier country'); ``(B) has recently taken measures that constitute barriers to investment by United States persons or has indicated an intention to take such measures (to be known as a `watch country'); or ``(C) has investment laws, policies, and practices that should be monitored (to be known as a `monitor country'). ``(4) Justification for transactions with high barrier countries.-- ``(A) In general.--If the Committee recommends that the President not suspend or prohibit under subsection (d) a covered transaction described in subparagraph (B), the Committee shall include in the report required by paragraph (1) an explanation of the reasons for recommending that the President not suspend or prohibit that transaction. ``(B) Covered transaction described.--A covered transaction is described in this subparagraph if a party to the transaction is organized under the laws of or otherwise subject to the jurisdiction of a high barrier country. ``(5) Definitions.--In this subsection: ``(A) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate; and ``(ii) the Committee on Financial Service, the Committee on Ways and Means, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representatives. ``(B) Greenfield investment.--The term `greenfield investment' means an investment by a foreign person in the United States under which the foreign person builds operations and facilities in the United States instead of purchasing or leasing existing facilities. ``(C) United states person.--The term `United States person' means-- ``(i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or ``(ii) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.''. SEC. 3. CONSIDERATION OF REPORT ON RECIPROCITY. Section 721(f) of the Defense Production Act of 1950 (50 U.S.C. 4565(f)) is amended-- (1) in paragraph (4)-- (A) in subparagraph (A), by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and by moving such subclauses, as so redesignated, 2 ems to the right; and (B) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and by moving such clauses, as so redesignated, 2 ems to the right; (2) in paragraph (9), by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and by moving such clauses, as so redesignated, 2 ems to the right; (3) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; (4) in the matter preceding subparagraph (A), as redesignated by paragraph (3), by striking ``may, taking into account the requirements of national security, consider--'' and inserting the following: ``, taking into account the requirements of national security-- ``(1) may consider--''; (5) in subparagraph (K), as redesignated by paragraph (3), by striking the period at the end and inserting ``; and''; and (6) by adding at the end the following: ``(2) shall consider the findings in the most recent report required by subsection (o) with respect to any foreign country with jurisdiction over a party to the proposed or pending transaction.''.

True Reciprocity Investment Act of 2017 This bill amends the Defense Production Act of 1950 to direct the Office of the United States Trade Representative to submit an annual report assessing the extent to which foreign governments allow investments by U.S. persons (i.e., U.S. citizens, permanent residents, or U.S. entities) in their countries that are similar to investments in the United States made by entities organized in such foreign countries. The report shall include, with respect to each major trading partner of the United States: (1) a description of the laws, policies, and practices of the country with respect to foreign investment; and (2) an assessment of the transparency of the process for making such laws, policies, and practices. The report shall also include the determination of the office whether each major trading partner: (1) has high barriers to investment by U.S. persons; (2) has recently taken measures that constitute barriers to investment by U.S. persons or has indicated an intention to take such measures; or (3) has investment laws, policies, and practices that should be monitored. If the Committee on Foreign Investment in the United States recommends that the President not suspend or prohibit a transaction made by a party that is subject to the jurisdiction of a high barrier country, it shall provide an explanation of the reasons for its recommendation.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordinate to Educate Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) Growing numbers of children live in an environment of social and economic conditions that greatly increase their risk of academic failure when they become students. (2) Many academically at-risk students suffer the effects of inadequate nutrition and health care, lack of child care, overcrowded and unsafe living conditions and homelessness, family and gang violence, substance abuse, sexual abuse and child abuse, involuntary migration and limited English proficiency that often create severe barriers to learning the knowledge and skills needed to become literate, independent and productive citizens. (3) Almost half of all children and youths live in a single parent family for some period of their lives, while many others live in families with two full-time working parents, greatly reducing parental involvement in their education. (4) Services for at-risk students are often fragmented, inconvenient, expensive, overregulated, ineffective and duplicative, and focused on only a single narrow problem without meeting the needs of the child and the family. (5) School personnel, parents, and support service providers often lack knowledge of, and access to, available services for at-risk students and their families in the community, are constrained by bureaucratic obstacles from providing the services most needed, and have few resources or incentives to coordinate services and make them accessible. (6) Service providers, such as teachers, social workers, health care and child care providers, juvenile justice workers and others, are often trained in separate institutions, practice in separate agencies, and pursue separate professional activities that provide little support for coordination and integration of services. (7) Coordination and integration of services for at-risk students emphasizing prevention and early intervention offer a greater opportunity to break the cycle that leads to academic failure, leaving school, low-skill levels, unemployment and low income. (8) Coordination of services is cost effective for schools and support agencies because it reduces duplication, improves quality of services, and substitutes prevention for expensive crisis interventions, while ensuring that students are ready to learn when they are in the classroom. (b) Purposes.--It is the purpose of this Act to establish a program of grants to local education agencies to improve students' educational performances by-- (1) removing barriers to their learning; (2) coordinating and enhancing the effectiveness of support services; (3) making support services available, affordable, and convenient for those who need them; (4) replicating and disseminating successful high quality coordinated service programs; (5) increasing parental involvement in education; (6) improving the capacity of school and support service personnel to collaborate; (7) integrating services, regulations, data bases, eligibility procedures and funding sources whenever possible; and (8) focusing school and community resources on prevention and early intervention strategies to address student needs and to ensure that students are ready to learn when they are in the classroom. SEC. 3. GRANT AUTHORIZATION. The Secretary of Education is authorized to make development and implementation grants to local education agencies to develop and implement coordinated service programs. SEC. 4. DEVELOPMENT GRANTS. (a) Eligibility.--To be eligible to receive a grant under this section, a local educational agency shall-- (1) plan to collaborate with health and social service agencies to develop a program of school-linked integrated service for children and families on or near a school site; or (2) offer some coordinated services, but be able to demonstrate a need for the expansion of services. (b) Duration.--Grants under this section may be for up to 3 years duration, subject to providing the Secretary with annual evidence of satisfactory progress towards the achievement of a plan for a self- sufficient coordinated service program. (c) Applications.--A local educational agency that wishes to receive a grant under this section shall submit an application which identifies-- (1) the need for coordinated services among all or some of the students of a local educational agency; (2) the proposed membership of a collaborative which will be formed to achieve broad-based coordinated services, including representatives from the appropriate levels of all sectors and services necessary to achieve broad-based coordinated services, including representatives of children and families; (3) the objectives of the collaboration; and (4) performance measurements. (d) Use of Funds.--Grants awarded under this section shall be used to-- (1) plan and hold regular meetings of the collaborative; (2) identify barriers to learning experienced by students in the local educational agency that stem from factors external to the public school system, including poor health, physical and sexual abuse, poor nutrition, inadequate housing, lack of appropriate childcare and lack of appropriate preschool and before and after school care; (3) assess the availability of currently existing social service programs which could help to alleviate these barriers; (4) assess the availability of local, State and private funds, the redirection of existing funds and the use of in-kind services; (5) assess the feasibility of a sliding scale fee for services that will be delivered; and (6) develop an interagency service delivery plan that identifies-- (A) the priorities of the service providers and the community; (B) the availability and use of adequate staff and physical resources; (C) a plan to coordinate Federal, State and local regulations, eligibility requirements and application procedures; (D) how coordinated services will be delivered, including a case management system; and (E) a plan to become self-sufficient, without using funds authorized under this Act, not later than 2 years after implementation. SEC. 5. IMPLEMENTATION GRANTS. (a) Eligibility.--A local educational agency that desires to receive a grant under this section shall have an interagency service delivery plan that has been approved by the Secretary of Education. (b) Duration.--Grants under this section may not exceed a 2-year period. (c) Applications.--To be eligible to receive a grant under this section, a local educational agency shall submit an application which-- (1) identifies barriers to learning experienced by students in the local educational agency that stem from factors external to the public school system, including poor health, evidence of physical or sexual abuse, poor nutrition, inadequate housing, lack of appropriate childcare and lack of appropriate preschool and before and after school care; (2) identifies existing social service programs; (3) identifies the participants in the delivery of coordinated services, including community and parent involvement; (4) includes an interagency service delivery plan which includes the priorities of the service providers and the community; (5) includes an interagency agreement signed by key parties within the collaborative, partnership schools and agencies that detail what will be done, by whom and when; (6) makes assurances that Federal funds will be used for not more than 50 percent of the costs of this project after the first year, with a commitment of matching funds from other agencies or private sources, including the redirection of existing funds and the use of in-kind services which will fully support the project after the second year; (7) identifies how the coordinated service program will be staffed, including the case of a coordinator and including a plan for interagency staff training and development; (8) identifies where the coordinated service program will be located; (9) identifies how Federal, State, and local regulations, eligibility requirements and application procedures have been coordinated; (10) utilizes a case management system; and (11) sets sliding scale service fees, if feasible. (d) Use of Funds.--Grants awarded under this section may be used-- (1) to locate and obtain commitments from funding sources other than the Federal Government when this grant ends; (2) to improve interagency communications and information- sharing, including developing telecommunications networks, software development, data base integration and management, and other applications of technology that improve coordination of service; (3) to support colocation of interagency service delivery programs in schools or other sites close to schools, including rental or lease payments, open and lock-up fees or maintenance and security costs necessary for the delivery of services to students; (4) for staff development, including in-service and cross- agency training, for the interagency service delivery team, including school staff; (5) to research and tabulate figures which demonstrate the success of a coordinated services program, including improved outcome for children and families in terms of taxpayers dollars saved; and (6) to support dissemination and replication of successful programs to other areas within a local educational agency. SEC. 6. TARGET POPULATIONS. (a) Eligible Schools, Grades, and Areas.--An eligible local educational agency may select a school or program area for coordinated services if the project design is of adequate size, scope, and quality to achieve projected outcomes. (b) Eligible Students.--Programs and services shall be made available to all children and families in the area to be served and shall, when appropriate, be paid on a sliding scale. SEC. 7. SPECIAL CONSIDERATION. In making awards under this Act, the Secretary shall give special consideration to-- (1) the geographic distribution of awards, including urban, suburban, and rural districts; (2) districts with concentrated pockets of educationally at-risk students; (3) local educational agencies with high proportions of educationally at-risk students; and (4) areas with a large number of single parent or two- parent, working families. SEC. 8. AUTHORIZATION. There are authorized to be appropriated to carry out the provisions of this Act for fiscal year 2009, $300,000,000 of which $200,000,000 shall be allocated for development grants and $100,000,000 shall be allocated for implementation grants, and such sums as may be necessary for each of the fiscal years 2010 through 2015.

Coordinate to Educate Act - Authorizes the Secretary of Education to award: (1) grants of up to three years to local educational agencies (LEAs) to collaborate with health and social service agencies to develop school-linked coordinated service programs for children and families on or near school sites; and (2) grants of up to two years to LEAs to implement such programs pursuant to interagency service delivery plans that have been approved by the Secretary. Requires program services to be available to all children and families in the service area and, where appropriate, paid for on a sliding scale. Directs the Secretary, in awarding grants, to give special consideration to areas with high proportions of educationally at-risk students and areas that have a large number of single parent or two-parent, working families.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade and Environment Reporting Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States promotes efforts to prevent harm to the environment generally, including fish, wildlife, endangered species, and other natural resources, and to encourage sustainable development. (2) Free trade agreements and other major trade actions may have significant effects, positive and negative, on environmental resources. (3) Those effects may be within or outside of the territorial jurisdiction of the United States. (4) The interaction between increased liberalized trade and the environment is a complex and little understood issue. (5) Free trade agreements and other major trade actions have traditionally been excluded from any environmental assessment or monitoring requirements. (6) As part of its responsibilities under the Constitution to regulate commerce with foreign nations, the Congress considers legislation to grant negotiating authority to the President for free trade agreements, and legislation to implement those agreements. (7) The Congress and the public should be apprised of the environmental effects of free trade agreements and other major trade actions. (8) The environmental effects of free trade agreements and other major trade actions should be identified and considered by the President before entering into such actions. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Environmental resources.--The term ``environmental resources'' means the environment generally, including fish, wildlife, endangered species, and other natural resources. (2) Free trade agreement.--The term ``free trade agreement'' means an agreement between the United States and another nation or nations-- (A) the purpose of which is to regulate or liberalize trade between the United States and such nation or nations; (B) which has been signed by the President; and (C) which requires implementing legislation. (3) Major trade action.-- (A) Generally.--The term ``major trade action''-- (i) means any trade action which may have effects on an environmental resource; and (ii) includes any free trade agreement. (B) Regulations.--The United States Trade Representative, in consultation with the Administrator of the Environmental Protection Agency, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, shall issue regulations which describe trade actions which are major trade actions under this paragraph. SEC. 4. CONSULTATION ON MAJOR TRADE ACTIONS; ENVIRONMENTAL ASSESSMENTS OF FREE TRADE AGREEMENTS. (a) Consultation.-- (1) Requirement.--Before entering into negotiations for any free trade agreement or other major trade action, the United States Trade Representative shall consult, in accordance with the procedures established under paragraph (2), with the Congress, appropriate advisory committees established under the Trade Act of 1974, including the Trade and Environment Policy Advisory Committee, Federal agencies, environmental organizations, and other interested persons, for the purpose of-- (A) identifying environmental resources that may be affected by the free trade agreement or other major trade action; and (B) in the case of a negotiation for a free trade agreement, determining the scope of the environmental assessment required under subsection (b). (2) Procedures.--Not later than 90 days after the date of the enactment of this Act, the United States Trade Representative, in consultation with the Council on Environmental Quality and after publication of notice and an opportunity for public comment, shall issue regulations which establish procedures for consultations under this subsection, including a requirement for publication of notice and an opportunity for public comment on the subject matter of the consultations. (b) Environmental Assessments.-- (1) In general.--The United States Trade Representative, in consultation with the Administrator of the Environmental Protection Agency, the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of the Interior, and the Council on Environmental Quality, shall prepare an environmental assessment for each free trade agreement. (2) Contents of assessments.--Each environmental assessment shall include-- (A) identification of the potential effects of the free trade agreement on environmental resources; (B) the environmental resources protection laws of the United States that may be affected by the free trade agreement; (C) measures to supplement the free trade agreement that would minimize adverse effects identified under subparagraph (A); and (D) a detailed summary of the manner in which the results of consultations under subsection (a) with respect to the free trade agreement were taken into consideration in accordance with section 5. (3) Submission to congress.--The United States Trade Representative shall submit to the Congress the environmental assessment prepared for a free trade agreement-- (A) after the free trade agreement is signed by the President; and (B) at least 60 days before the President transmits legislation to implement the free trade agreement to the Congress. (4) Public availability.--The United States Trade Representative shall-- (A) make each environmental assessment under this subsection publicly available on and after the date it is submitted to the Congress under paragraph (3); and (B) publish notice of that availability in the Federal Register. SEC. 5. REQUIREMENT TO CONSIDER ENVIRONMENTAL EFFECTS. The United States Trade Representative shall-- (1) consider the results of all consultations under section 4(a) with respect to a major trade action before formulating any negotiating position for the major trade action; and (2) review each such negotiating position and determine its compatibility with the laws of the United States that protect environmental resources or encourage sustainable development. SEC. 6. MONITORING AND REPORTING. (a) Monitoring.-- (1) Effects on united states.--The Council on Environmental Quality, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, and the United States Trade Representative, shall monitor the effects of major trade actions on environmental resources within the territorial jurisdiction of the United States. (2) Effects on other nations.--The Council on Environmental Quality, in consideration with the officials referred to in paragraph (1) and the Secretary of State, shall cooperate with other nations to monitor and determine, to the extent practicable, the effects of major trade actions on environmental resources outside the territorial jurisdiction of the United States. (3) Report.--The Council on Environmental Quality shall report to the Congress every 3 years on the results of the monitoring required under this section. (b) Obligations Under Section 5.--The United States Trade Representative shall report to the Congress each year on the manner in which he or she has complied with section 5.

Trade and Environment Reporting Act of 1994 - Requires the United States Trade Representative (USTR), at the onset of negotiations for any free trade agreement or other major trade actions, to consult with the Congress, appropriate advisory committees, including the Trade and Environment Policy Advisory Committee, Federal agencies, environmental organizations, and other interested persons, for the purpose of: (1) identifying environmental resources and Federal and State environmental laws that may be affected by such agreements or actions; and (2) determining the scope of a specified environmental assessment in the case of a negotiation for a free trade agreement. (Sec. 4) Directs the USTR to prepare an environmental assessment for each free trade agreement. (Sec. 5) Directs the USTR to: (1) consider the results of such consultations with respect to a major trade action before formulating any negotiating position for such action; and (2) review such negotiating position and determine its compatibility with U.S. laws that protect environmental resources or encourage sustainable development. (Sec. 6) Directs the Council on Environmental Quality: (1) to monitor the effects of major trade actions on environmental resources within the United States; and (2) together with the Secretary of State to cooperate with other nations to monitor and determine the effects of such actions on such resources outside the United States. Requires the Council to report every three years to the Congress on the results of such monitoring.

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SECTION 1. EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE. (a) In General.--Section 121 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 121. EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE. ``(a) General Rule.--Gross income does not include gain from the sale or exchange of property if during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as his principal residence for periods aggregating 2 years or more. ``(b) Dollar Limitation.-- ``(1) In general.--The amount of the gain excluded from gross income under subsection (a) shall not exceed $250,000 ($500,000 in the case of a joint return where both spouses meet the holding and use requirements of subsection (a)). ``(2) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning in a calendar year after 1997, the $250,000 and $500,000 amounts contained in paragraph (1) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ``(c) Special Rules.-- ``(1) Property held jointly by husband and wife.--For purposes of this section, if-- ``(A) property is held by a husband and wife as joint tenants, tenants by the entirety, or community property, ``(B) such husband and wife make a joint return under section 6013 for the taxable year of the sale or exchange, and ``(C) one spouse satisfies the holding and use requirements of subsection (a) with respect to such property, then both husband and wife shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(2) Property of deceased spouse.--For purposes of this section, in the case of an unmarried individual whose spouse is deceased on the date of the sale or exchange of property, if the deceased spouse (during the 5-year period ending on the date of the sale or exchange) satisfied the holding and use requirements of subsection (a) with respect to such property, then such individual shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(3) Tenant-stockholder in cooperative housing corporation.--For purposes of this section, if the taxpayer holds stock as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), then-- ``(A) the holding requirements of subsection (a) shall be applied to the holding of such stock, and ``(B) the use requirements of subsection (a) shall be applied to the house or apartment which the taxpayer was entitled to occupy as such stockholder. ``(4) Involuntary conversions.--For purposes of this section, the destruction, theft, seizure, requisition, or condemnation of property shall be treated as the sale of such property. ``(5) Property used in part as principal residence.--In the case of property only a portion of which, during the 5-year period ending on the date of the sale or exchange, has been owned and used by the taxpayer as his principal residence for periods aggregating 2 years or more, this section shall apply with respect to so much of the gain from the sale or exchange of such property as is determined, under regulations prescribed by the Secretary, to be attributable to the portion of the property so owned and used by the taxpayer. ``(6) Determination of marital status.--In the case of any sale or exchange, for purposes of this section-- ``(A) the determination of whether an individual is married shall be made as of the date of the sale or exchange; and ``(B) an individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(7) Application of sections 1033 and 1034.---In applying sections 1033 (relating to involuntary conversions) and 1034 (relating to sale or exchange of residence), the amount realized from the sale or exchange of property shall be treated as being the amount determined without regard to this section. ``(8) Property acquired after involuntary conversion.--If the basis of the property sold or exchanged is determined (in whole or in part) under subsection (b) of section 1033 (relating to basis of property acquired through involuntary conversion), then the holding and use by the taxpayer of the converted property shall be treated as holding and use by the taxpayer of the property sold or exchanged. ``(9) Determination of use during periods of out-of- residence care.--In the case of a taxpayer who-- ``(A) becomes physically or mentally incapable of self-care, and ``(B) owns property and uses such property as the taxpayer's principal residence during the 5-year period described in subsection (a) for periods aggregating at least 1 year, then the taxpayer shall be treated as using such property as the taxpayer's principal residence during any time during such 5-year period in which the taxpayer owns the property and resides in any facility (including a nursing home) licensed by a State or political subdivision to care for an individual in the taxpayer's condition. ``(d) Election To Have Section Not Apply.--At the election of the taxpayer with respect to any sale or exchange of a principal residence, this section shall not apply to such sale or exchange.'' (b) Conforming Amendments.-- (1) Paragraph (3) of section 1033(k) is amended to read as follows: ``(3) For exclusion from gross income of gain from involuntary conversion of principal residence, see section 121.'' (2) Subparagraph (A) of section 1038(e)(1) is amended by striking ``(relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55)'' and inserting the following: ``(relating to gain on sale of principal residence)''. (3) subparagraph (B) of section 1250(d)(7) is amended to read as follows: ``(B) property in respect of which the taxpayer meets the ownership requirements of section 121, but only to the extent that the taxpayer meets the use requirements of such section in respect of such property.'' (4) Subsection (c) of section 6012 is amended by striking ``(relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55)'' and inserting ``(relating to gain from sale of principal residence)''. (5) The item relating to section 121 in the table of sections for part III of subchapter B of chapter 1 is amended to read as follows: ``Sec. 121. Exclusion of gain from sale of principal residence.'' (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges on or after the date of the enactment of this Act.

Amends the Internal Revenue Code to exclude up to $250,000 ($500,000 jointly) of gain on the sale of a principal residence if owned and used as the principal residence for periods aggregating at least two years during the five-year period prior to sale or exchange. Sets forth special rules relating to: (1) jointly held property; (2) a deceased spouse; (3) a cooperative housing tenant-stockholder; (4) partial principal residence use; (5) determination of marital status; (6) acquisition after involuntary conversion; and (6) periods of out-of-residence health care.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Slate for Marijuana Offenses Act of 2015''. SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN MARIJUANA-RELATED OFFENSES. (a) In General.--Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following new subchapter: ``SUBCHAPTER D--EXPUNGEMENT ``Sec. ``3631. Expungement of certain criminal records in limited circumstances. ``3632. Requirements for expungement. ``3633. Procedure for expungement. ``3634. Effect of expungement. ``3635. Disclosure of expunged records. ``Sec. 3631. Expungement of certain criminal records in limited circumstances ``(a) In General.--Any individual convicted of a qualifying marijuana-related offense who fulfills the requirements of section 3632 may, upon petition for expungement made in accordance with this subchapter, obtain an order granting expungement under this subchapter. ``(b) Definition of Qualifying Marijuana-Related Offense.--In this subchapter, the term `qualifying marijuana-related offense' means an offense against the United States in which the conduct constituting the offense-- ``(1) was legal under the State law at the time of the offense; or ``(2) was the possession of marijuana in a quantity is not greater than one ounce. ``(c) Definition of State.--In this subchapter, the term `State' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. ``Sec. 3632. Requirements for expungement ``No individual shall be eligible for an order of expungement under this subchapter unless, before filing a petition under this subchapter, such individual fulfills all requirements of the sentence for the conviction for which expungement is sought, including completion of any term of imprisonment or period of probation, meeting all conditions of a supervised release, and paying all fines. ``Sec. 3633. Procedure for expungement ``(a) Petition.--An individual may file a petition for expungement of a conviction in the court in which the conviction was obtained. A copy of the petition shall be served by the court upon the United States Attorney for the judicial district of that court. ``(b) Opportunity for Government To Contest Petition.--Not later than 60 days after the date a copy of a petition is served on the Government under subsection (a), the Government may, if the Government determines the facts do not support the petition, inform the court and the petitioner that the Government opposes granting expungement. If the Government does so inform the court and the petitioner, the court shall allow the Government and the petitioner an opportunity to present evidence and argument relating to the petition. ``(c) Court-Ordered Expungement.--If, after the passage of the 60- day period described in subsection (a) or earlier, if the Government informs the court it will not oppose granting expungement or if proceedings related to that opposition have been completed, the court determines the preponderance of the evidence before the court supports the granting of expungement under this subchapter, the court shall issue an order granting that expungement. If the court determines the petition is not supported by the preponderance of the evidence before the court, the court shall deny the petition. ``Sec. 3634. Effect of expungement ``(a) In General.--An order granting expungement under this subchapter restores the individual concerned, in the contemplation of the law, to the status that individual occupied before the arrest or the institution of criminal proceedings for the offense for which expungement is granted. ``(b) No Disqualification; Statements.--After an order under this subchapter granting expungement of an individual's criminal records, that individual is not required to divulge information pertaining to the expunged conviction. The fact that such individual has been convicted of the criminal offense concerned shall not operate as a disqualification of that individual to pursue or engage in any lawful activity, occupation, or profession. Such individual is not guilty of any perjury, false answering, or making a false statement by reason of that individual's failure to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of that individual for any purpose. ``(c) Records To Be Destroyed.--Except as provided in section 3635, upon order of expungement, all official law enforcement and court records, including all references to such person's arrest for the offense, the institution of criminal proceedings against the individual, and the results thereof, except publicly available court opinions or briefs on appeal, shall be permanently destroyed. ``Sec. 3635. Disclosure of expunged records ``(a) Index To Assist Authorized Disclosure.--The Department of Justice shall maintain a nonpublic manual or computerized record of expungements under this subchapter containing only the name of, and alphanumeric identifiers selected by the Department of Justice that relate to, the persons who obtained expungement under this subchapter, and the order of expungement. ``(b) Authorized Disclosure to Individual.--Information in the index shall be made available only to the individual to whose expungement it pertains or to such individual's designated agent. ``(c) Punishment for Improper Disclosure.--Whoever knowingly discloses information relating to an expunged conviction other than as authorized in this subchapter shall be fined under this title or imprisoned not more than one year, or both.''. (b) Clerical Amendment.--The table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item: ``D. Expungement........................................ 3631''. (c) Effective Date.--The amendments made by this Act apply to individuals convicted of an offense before, on, or after the date of enactment of this Act.

Clean Slate for Marijuana Offenses Act of 2015 Amends the federal criminal code to allow an individual convicted of a qualifying marijuana-related offense, upon filing a petition for expungement and fulfilling all requirements of the sentence for such conviction, to obtain an order granting expungement of such conviction. Defines a "qualifying marijuana-related offense" as an offense against the United States in which the conduct constituting the offense: (1) was legal under the state law at the time of the offense, or (2) was the possession of not more than one ounce of marijuana. Gives the government 60 days to contest such a petition, in which case the court shall allow the government and the petitioner an opportunity to present evidence and argument relating to the petition. Directs the court to approve or deny the petition based on its determination that the petition either is supported by, or is not supported by, a preponderance of the evidence. Declares that: (1) an order granting expungement restores the individual concerned to the status that individual occupied before the arrest or the institution of criminal proceedings for the offense for which expungement is granted; (2) the individual is not required to divulge information pertaining to an expunged conviction and such conviction shall not disqualify that individual from pursuing or engaging in any lawful activity, occupation, or profession; (3) such individual is not guilty of making a false statement by reason of that individual's failure to recite or acknowledge arrest or conviction of such offense; and (4) records pertaining to an expunged conviction shall be destroyed. Directs the Department of Justice (DOJ) to maintain a nonpublic record of such expungement orders and the names of and alphanumeric identifiers selected by DOJ for persons who obtain expungement, which record shall be made available only to the individual to whom the expungement pertains. Establishes penalties for the unauthorized disclosure of information relating to an expunged conviction.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Deadly Driver Reduction Act''. SEC. 2. NATIONAL MINIMUM SENTENCES FOR INDIVIDUALS CONVICTED OF OPERATING MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF ALCOHOL. (a) In General.--Section 164 of title 23, United States Code, is amended to read as follows: ``Sec. 164. National minimum sentences for individuals convicted of operating motor vehicles while under the influence of alcohol ``(a) Definitions.--In this section: ``(1) Blood alcohol concentration.--The term `blood alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. ``(2) Driving under the influence.--The term `driving under the influence' means operating a motor vehicle while having a blood alcohol concentration above the limit established by the State in which the motor vehicle is operated. ``(3) Motor vehicle.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle. ``(4) Operate.--The term `operate', with respect to a motor vehicle, means to drive or be in actual physical control of the motor vehicle. ``(b) Withholding of Apportionments for Noncompliance.-- ``(1) Fiscal year 2003.--The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 2002, if the State does not meet the requirements of paragraph (3) on that date. ``(2) Subsequent fiscal years.--The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 2003, and on October 1 of each fiscal year thereafter, if the State does not meet the requirements of paragraph (3) on that date. ``(3) Requirements.-- ``(A) In general.--A State meets the requirements of this paragraph if the State has enacted and is enforcing a law that provides for a minimum sentence consistent with the following and with subparagraph (B): ``(i) Except as provided in clause (ii), in the case of the first conviction of an individual for driving under the influence, a sentence requiring-- ``(I) revocation of the individual's driver's license for 6 months; ``(II) payment of a $500 fine by the individual; and ``(III)(aa) an assessment of the individual's degree of alcohol abuse; and ``(bb) appropriate treatment. ``(ii) In the case of the first conviction of an individual for operating a motor vehicle with a blood alcohol concentration of .16 or greater, a sentence requiring-- ``(I) revocation of the individual's driver's license for 6 months, or for 2 years if, at the time of arrest, the individual refused to take a breath test to determine the individual's blood alcohol concentration; ``(II) imposition of a requirement on the individual prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for 5 years; ``(III) impoundment or immobilization of the individual's motor vehicle for 30 days; ``(IV) imposition of a requirement on the individual requiring the installation of an ignition interlock system on the individual's motor vehicle for 180 days; ``(V) payment of a $750 fine by the individual; ``(VI) 10 days of imprisonment of, or 60 days of community service by, the individual; and ``(VII)(aa) an assessment of the individual's degree of alcohol abuse; and ``(bb) appropriate treatment. ``(iii) Except as provided in clause (iv), in the case of the second conviction of an individual for driving under the influence, a sentence requiring-- ``(I) revocation of the individual's driver's license for 1 year, or for 2 years if, at the time of arrest, the individual refused to take a breath test to determine the individual's blood alcohol concentration; ``(II) imposition of a requirement on the individual prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for 5 years; ``(III) impoundment or immobilization of the individual's motor vehicle for 60 days; ``(IV) imposition of a requirement on the individual requiring the installation of an ignition interlock system on the individual's motor vehicle for 1 year; ``(V) payment of a $1,000 fine by the individual; ``(VI) 10 days of imprisonment of, or 60 days of community service by, the individual; and ``(VII)(aa) an assessment of the individual's degree of alcohol abuse; and ``(bb) appropriate treatment. ``(iv) In the case of the third or subsequent conviction of an individual for driving under the influence, or in the case of a second such conviction if the individual's first such conviction was a conviction described in clause (ii), a sentence requiring permanent revocation of the individual's driver's license. ``(B) Revocations.--A revocation of a driver's license under subparagraph (A) shall not be subject to any exception or condition, including an exception or condition to avoid hardship to any individual. ``(c) Period of Availability; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.-- ``(A) Funds withheld on or before september 30, 2004.--Any funds withheld under subsection (b) from apportionment to any State on or before September 30, 2004, shall remain available until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(B) Funds withheld after september 30, 2004.--No funds withheld under this section from apportionment to any State after September 30, 2004, shall be available for apportionment to the State. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (b) from apportionment are to remain available for apportionment to a State under paragraph (1)(A), the State meets the requirements of subsection (b)(3), the Secretary shall, on the first day on which the State meets the requirements, apportion to the State the funds withheld under subsection (b) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.-- ``(A) In general.--Any funds apportioned under paragraph (2) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned. ``(B) Treatment of certain funds.--Any funds apportioned under paragraph (2) that are not obligated at the end of the period referred to in subparagraph (A) shall lapse. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (b) from apportionment are available for apportionment to a State under paragraph (1)(A), the State does not meet the requirements of subsection (b)(3), the funds shall lapse.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by striking the item relating to section 164 and inserting the following: ``164. National minimum sentences for individuals convicted of operating motor vehicles while under the influence of alcohol.''.

Deadly Driver Reduction Act - Amends Federal transportation law to require the Secretary of Transportation to withhold five percent of the funds authorized for Federal aid highway programs for FY 2003, and ten percent of such amounts for subsequent fiscal years, from any State that has not enacted and is not enforcing a law that provides the following minimum sentences: (1) for a first conviction of operating a motor vehicle while under the influence of alcohol, revocation of the driver's license for six months, imposition of a $500 fine, and an assessment of the individual's degree of alcohol abuse and appropriate treatment; (2) for a first conviction of operating a motor vehicle with a blood alcohol concentration of .16 or greater, revocation of the individual's license for six months, or two years if the individual refused to take a breath test to determine the individual's blood alcohol concentration, imposition of a requirement prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for five years, impoundment or immobilization of the individual's motor vehicle for 30 days, requiring the installation of an ignition interlock system on the individual's motor vehicle for 180 days, imposition of a $750 fine, ten days' imprisonment or 60 days' community service, and assessment of the individual's degree of alcohol abuse and appropriate treatment; (3) for a third conviction for operating a motor vehicle while under the influence of alcohol, revocation of license for one year, or two years if the individual refused to take a breath test, imposition of a requirement prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for five years, impoundment or immobilization of the individual's motor vehicle for 60 days, requiring the installation of an ignition interlock system on the individual's motor vehicle for one year, imposition of a $1,000 fine, ten days' imprisonment or 60 days' community service, and assessment of the individual's degree of alcohol abuse and appropriate treatment; and (4) for a third or subsequent conviction for operating a motor vehicle while under the influence of alcohol or for a second such conviction if the individual's first conviction was for operating a motor vehicle with a blood alcohol concentration of .16 or greater, permanent revocation of the individual's license (without exception). Allows funds withheld from a State during FY 2003 to be available for up to three fiscal years after such date (to allow a State to meet such requirement within such period), but allows no grace period with respect to funds withheld during the subsequent fiscal years.

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ON THE BUDGET FOR FISCAL YEAR 2002 SEC. 201. ADJUSTMENTS TO THE FISCAL YEAR 2002 BUDGET RESOLUTION. The concurrent resolution on the budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress, 1st session) is amended as follows: (1) Section 101(2) (relating to total new budget authority) is amended to read as follows: ``Fiscal year 2002: $1,648,921,000,000.''. (2) Section 101(3) (relating to total budget outlays) is amended to read as follows: ``Fiscal year 2002: $1,611,036,000,000.''. (3) Section 101(4) (relating to the surplus) is amended to read as follows: ``Fiscal year 2002: $27,166,000,000.''. (4) Section 101(5) (relating to the public debt) is amended to read as follows: ``Fiscal year 2002: $5,738,007,000,000.''. (5) Section 101(6) (relating to debt held by the public) is amended to read as follows: ``Fiscal year 2002: $3,058,429,000,000.''. (6) Section 102(18) (relating to net interest (900)) is amended to read as follows: ``Fiscal Year 2002: ``(A) New budget authority, $262,639,000,000. ``(B) Outlays, $262,639,000,000.''. (7) Section 102(19) (relating to allowances (920)) is amended to read as follows: ``Fiscal Year 2002: ``(A) New budget authority, $15,948,000,000. ``(B) Outlays, $16,340,000,000.''. SEC. 202. ADDITIONAL REQUIREMENTS RESPECTING THE FISCAL YEAR 2002 BUDGET RESOLUTION. (a) Conforming Changes.--The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each make necessary conforming changes for fiscal years 2003 through 2011 (as appropriate) in total new budget authority, total budget outlays, the surplus or deficit, public debt, debt held by the public, net interest (900), and allowances (920), as set forth in the concurrent resolution on the budget for fiscal year 2002. Such changed levels shall be deemed to be levels set forth in the concurrent resolution on the budget for fiscal year 2002 for all purposes under titles III and IV of the Congressional Budget Act of 1974. (b) Revised Section 302(a) Allocations for Fiscal Year 2002.-- (1) It is the intent of this subsection that the section 302(a) allocations to the Committee on Appropriations of each House for fiscal year 2002 will be increased to $683,201,000,000 in new budget authority and $702,806,000,000 in outlays. (2) Upon the enactment of this Act, the chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each make the appropriate adjustments in the section 302(a) allocations to the Committee on Appropriations of its House, as initially made by the explanatory joint statement of managers accompanying the conference report on the concurrent resolution on the budget for fiscal year 2002, to the extent necessary to carry out revisions and changes made by section 201. (c) Publication in the Congressional Record.--The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each have published in the Congressional Record the changes and revisions made pursuant to subsections (a) and (b). (d) Appropriate Levels.--Section 221(d)(2) of the concurrent resolution on the budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress, 1st session) is repealed. TITLE III--TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985 SEC. 301. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985. Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) In section 250(a), strike ``GENERAL AND SPECIAL SEQUESTRATION RULES'' and insert ``General and special sequestration rules'' in the item related to section 256. (2) In subparagraphs (F), (G), (H), (I), (J), and (K) of section 250(c)(4), insert ``subparagraph'' after ``described in'' each place it appears. (3) In section 250(c)(18), insert ``of'' after ``expenses''. (4) In section 251(b)(1)(A), strike ``committees'' the first place it appears and insert ``Committees''. (5) In section 251(b)(1)(C)(i), strike ``fiscal years'' and insert ``fiscal year''. (6) In section 251(b)(1)(D)(ii), strike ``fiscal years'' and insert ``fiscal year''. (7) In section 252(b)(2)(B), insert ``the'' before ``budget year''. (8) In section 251(c)(5), move subparagraph (A) 2 ems to the right. (9) In section 252(c)(1)(C), strike ``paragraph (1)'' and insert ``subsection (b)''. (10) Amend section 254(c)(3)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 to read as follows: ``(A) The amount of the sequestration, if any, calculated under section 252(b).''. (11) In section 254(f)(4), strike ``subsection'' and insert ``section'' and strike ``sequesterable'' and insert ``sequestrable''. (12) In section 255(g)(1)(B), move the item relating to the Railroad supplemental annuity pension fund 2 ems to the right. (13) In section 255(g)(2), insert ``and'' after the semicolon in the item relating to the Rail service assistance. (14) In section 255(h)-- (A) strike ``and'' after the semicolon in the item relating to the Supplemental Security Income Program; (B) insert ``and'' after the semicolon in the item relating to the Special supplemental nutrition program for women, infants, and children; and (C) strike the semicolon at the end and insert a period. (15) In section 256(k)(1), strike ``paragraph (5)'' and insert ``paragraph (6)''. (16) In section 257(b)(2)(A)(i), strike ``differenes'' and insert ``differences''. (17) In section 258(a)(1), strike ``section 254(j)'' both places it appears and insert ``254(i)'', and in section 258(a)(2)(A), strike ``section 254(j)'' and insert ``254(i)''. (18) In section 258B(c), strike ``paragraph'' each place it appears and insert ``section''. (19) In section 258B(d), strike ``paragraph'' and insert ``section''.

Interim Budget Control and Enforcement Act of 2001 - Title I: Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to increase discretionary spending limits for FY 2002.Requires the President's FY 2003 budget submission to identify emergency-designated funding which was enacted in response to the events of September 11,2001, and is ongoing and recurring in nature.Title II: Adjustments to the Concurrent Resolution on the Budget for Fiscal Year 2002 - Adjusts figures within the concurrent resolution on the budget for FY 2002 with regard to: (1) total new budget authority; (2) total budget outlays; (3) the surplus; (4) the public debt; (5) net interest; and (6) allowances. Requires the chairmen of the budget committees of each House to: (1) make the necessary conforming changes for FY 2003 through 2011 in each of such areas; and (2) make appropriate adjustments in the allocations to their respective Committees on Appropriations.Title III: Technical Corrections to the Balanced Budget and Emergency Deficit Control Act of 1985 - Makes technical corrections in the Balanced Budget and Emergency Deficit Control Act of 1985.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2017'' or the ``DEVICE Act of 2017''. SEC. 2. REPORTING REQUIREMENT FOR DESIGN AND REPROCESSING INSTRUCTION CHANGES. (a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(q) (relating to design and reprocessing changes).''. (b) Requirement.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the following: ``(q) Reporting Requirement for Device Design Changes.--Before making a change to the design of a device, or the reprocessing instructions of a device, that is marketed in interstate commerce, the manufacturer of the device shall give written notice of the change to the Food and Drug Administration.''. SEC. 3. REPORTING REQUIREMENT FOR CERTAIN COMMUNICATIONS TO FOREIGN HEALTH CARE PROVIDERS. (a) Adulteration.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is further amended by inserting after paragraph (k) the following: ``(l) If it is a device with respect to which the manufacturer is in violation of the reporting requirement in section 510(r) (relating to communications to foreign health care providers).''. (b) Requirement.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by section 2 of this Act, is further amended by adding at the end the following: ``(r) Reporting Requirement for Certain Communications to Foreign Health Care Providers.-- ``(1) Requirement.--The manufacturer of a device that is marketed in interstate commerce shall give written notice to the Food and Drug Administration of any communication described in paragraph (2) not more than 5 calendar days after making such communication. ``(2) Communication described.--A communication is described in this paragraph if the communication-- ``(A) is made by the manufacturer of the device or an affiliate of the manufacturer; ``(B) relates to a change to the design of the device, a change to the recommended reprocessing protocols, if any, for the device, or a safety concern about the device; and ``(C) is widely disseminated (including on a voluntary basis) to health care providers in a foreign country. ``(3) Affiliate.--In this subsection, the term `affiliate' means a business entity that has a relationship with a second business entity if, directly or indirectly-- ``(A) one business entity controls, or has the power to control, the other business entity; or ``(B) a third party controls, or has the power to control, both of the business entities.''. SEC. 4. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING. (a) Inclusion in Device Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended-- (1) in paragraph (h)-- (A) in subparagraph (2), by striking ``or'' at the end; (B) in subparagraph (3), by striking ``and'' at the end and inserting ``or''; and (C) by inserting after subparagraph (3) the following: ``(4) a rapid assessment test intended to ensure the proper reprocessing of a reusable device (as defined in paragraph (ss)), and''; and (2) by adding at the end the following: ``(ss) The term `reusable device' means a device that-- ``(1) is intended to be used more than one time; and ``(2) must be sanitized (whether through cleaning, disinfection, or sterilization) to ensure that the device is safe and effective for such intended use.''. (b) Instructions for Use and Validation Data.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``(s) Instructions for Use and Validation Data.-- ``(1) Initial list.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation develop and publish a list of types of rapid assessment tests described in section 201(h)(4) for which reports under subsection (k) must include-- ``(A) instructions for use that have been validated in a manner specified by the Secretary; and ``(B) validation data, of the types specified by the Secretary. ``(2) Updates.--The Secretary shall by regulation periodically update the list required by paragraph (1). ``(3) Enforcement.--Beginning on the date of publication of the initial list under paragraph (1), the Secretary shall not accept any notification under subsection (k) for clearance of a type of rapid assessment test that is included on such list unless such notification includes instructions for use and validation data in accordance with paragraph (1).''.

Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of 2017 or the DEVICE Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require medical device manufacturers to notify the Food and Drug Administration (FDA): (1) before making changes to the design or reprocessing instructions of a device, and (2) no more than five days after widely disseminating to health care providers in a foreign country communications regarding changes to the design or reprocessing instructions of a device or regarding a safety concern about a device. A device may not be sold if the manufacturer violates these notification requirements. Rapid assessment tests intended to ensure the proper reprocessing of reusable medical devices are defined as medical devices. The FDA must publish a list of the types of rapid assessment tests for which premarket notification must include validated instructions for use and validation data.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Affinity Scams for Seniors Act of 2010'' or the ``PASS Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) Financial exploitation of the elderly is becoming an increasingly familiar problem. Regular review of news headlines reveals that elders and vulnerable adults are victimized routinely by frauds and scams at the hands of strangers as well as loved ones. (2) Older individuals may be targeted merely because they possess more assets, such as savings, annuities, and retirement accounts, stocks and bonds, insurance policies, and property than younger people. People over 50 years of age control at least 70 percent of the net worth of the nation's households. (3) Those elders with cognitive impairments, mental health conditions, or physical disabilities may be dependent upon others (family members, friends, formal and informal caregivers, or court-appointed representatives) for assistance in making financial decisions or carrying out daily transactions, and therefore may be even more vulnerable to theft, exploitation, or undue influence. (4) Affinity scams on seniors involve transactions in which a person trusted by the senior uses the relationship to defraud the senior. Millions of elderly are scammed each year, losing at least 2,600,000,000 a year to thieves, many of whom are in their own families (conservative estimate given of the schemes left unreported). (5) Elder financial abuse is commonly linked with other forms of abuse and neglect and threatens the health, dignity, and economic security of millions of older Americans. Elder financial abuse has received limited attention because it is not regarded as visible, life-threatening, or newsworthy as is the physical or sexual abuse of elders. (6) Financial exploitation can be devastating to the victim and is often traced to family members, trusted friends, or caregivers. Financial abuse often occurs with the implied acknowledgment and consent of the elder person and can be more difficult to detect. (7) Elder financial abuse affects elders and their families in significant and long-lasting ways by putting enormous emotional duress on the elders, increasing their risk of depression, decreasing their quality of life, and increasing unnecessary institutionalization. (8) The financial services industry is often the first to detect a change in the pattern of customers with whom they have regular contact. This puts institutions in a unique position to assist in protecting customers and upholding the inherent trust relationship with clients. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Affinity scam.--The term ``affinity scam'' means a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, ``new friend'', or service provider, claims to share similar interests or values with the senior, establishes a relationship with the senior (either on the person's own initiative or through some other method, such as a court-appointed guardianship), and then uses the relationship to defraud the senior. (2) Financial institution.--The term ``financial institution'' means-- (A) an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h)); (B) a credit union; and (C) a thrift institution. (3) Senior.--The term ``senior'' means an individual who is at least 65 years of age. SEC. 4. AFFINITY SCAM EDUCATION AND TRAINING. (a) Staff Education and Training.--Each financial institution shall-- (1) educate the staff of the financial institution about affinity scams and how to identify transactions that may be part of an affinity scam; and (2) train staff members on educating seniors about affinity scams. (b) Senior Customer Education.--Each financial institution shall provide educational materials and other information to seniors who maintain a deposit account with the financial institution about affinity scams and how to identify transactions that may be part of an affinity scam. (c) Education and Training Oversight.--The Bureau of Consumer Financial Protection shall-- (1) issue such regulations as are necessary to carry out this section; and (2) periodically audit financial institutions to ensure compliance with such regulations. SEC. 5. SENIOR PROTECTION ACCOUNTS. (a) In General.--Each financial institution shall offers seniors a type of checking account to be known as a ``senior protection account''. (b) Senior Protection Account Requirements.-- (1) In general.--With respect to a senior who maintains a senior protection account with a financial institution, if the financial institution receives a transaction request to debit such account and, before processing the transaction, the financial institution identifies the transaction as possibly being part of an affinity scam, the financial institution shall-- (A) not process the transaction; and (B) initiate an investigation in order to determine if such transaction is part of an affinity scam or is legitimate. (2) Investigation.--With respect to a transaction that is the basis of an investigation described under paragraph (1)(B), a financial institution shall-- (A) notify the senior whose account the transaction would debit, if processed, that the financial institution-- (i) has identified the transaction as possibly being part of an affinity scam; and (ii) has not yet processed the transaction, pending the result of an investigation; (B) if the financial institution determines that the transaction is part of an affinity scam-- (i) notify the senior of such determination; (ii) refer such transaction to the appropriate law enforcement agency; and (iii) report such transaction to the Bureau of Consumer Financial Protection; and (C) if the financial institution does not determine that the transaction is part of an affinity scam-- (i) notify the senior of such determination; and (ii) process such transaction not later than 7 business days from the date on which the investigation was started, unless instructed otherwise by the senior. (3) Designation of staff person.--Each financial institution shall designate a single staff person who shall be notified whenever a staff person identifies a transaction that is possibly part of an affinity scam. (4) Liability.--A financial institution that fails to process a transaction or that refers a transaction to law enforcement pursuant to the requirements of this subsection shall not be liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, or under any contract or other legally enforceable agreement (including any arbitration agreement), for such failure or referral. (c) Rulemaking.--The Secretary of the Treasury shall issue such regulations as are necessary to carry out this section. (d) Tax Deduction.-- (1) In general.--The Secretary of the Treasury shall by regulation establish a deduction to be allowed in computing the taxable income of financial institutions for purposes of the Internal Revenue Code of 1986. (2) Amount of deduction.--Such deduction with respect to any financial institution for a taxable year shall be an amount equal to 0.77 percent of the average of the amount of deposits held by such financial institution in senior protection accounts for each day during such taxable year. (e) Civil Liability.--Any financial institution that fails to comply with any provision of this section with respect to a senior shall be liable to such senior in an amount equal to the sum of the following: (1) Actual damages.--The amount of any actual damage sustained by the senior as a result of such failure. (2) Attorneys' fees.--In the case of any successful action to enforce any liability under paragraph (1), the costs of the action, together with reasonable attorneys' fees. (f) Nondiscrimination.--A financial institution may not discriminate against seniors in any fees or other charges required by the financial institution in order to cover the cost to the financial institution of implementing the requirements of this Act. SEC. 6. ADDING AFFINITY SCAMS TARGETING SENIORS TO THE SUSPICIOUS TRANSACTION REPORTING REQUIREMENT. Section 5318(g)(1) of title 31, United States Code, is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(A) Possible violation of law or regulation.--The Secretary''; and (2) by adding at the end the following new subparagraph: ``(B) Possible affinity scam targeting seniors.-- ``(i) In general.--The Secretary shall require each financial institution, and each director, officer, employee, or agent of such financial institution, to report any suspicious transaction relevant to a possible affinity scam. ``(ii) Definitions.--For purposes of this subparagraph: ``(I) Affinity scam.--The term `affinity scam' means a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, `new friend', or service provider, claims to share similar interests or values with the senior, establishes a relationship with the senior (either on the person's own initiative or through some other method, such as a court-appointed guardianship), and then uses the relationship to defraud the senior. ``(II) Senior.--The term `senior' means an individual who is at least 65 years of age.''. SEC. 7. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect after the end of the 6-month period beginning on the date of the enactment of this Act.

Preventing Affinity Scams for Seniors Act of 2010 or PASS Act of 2010 - Defines "affinity scam" as a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, "new friend," or service provider, claims to share similar interests or values and establishes a relationship with the senior, then uses the relationship to defraud the senior. Requires each financial institution to: (1) educate its staff about affinity scams and how to identify transactions that may be part of an affinity scam; (2) train staff members on educating seniors about affinity scams; (3) provide senior depositors with educational materials on how to identify affinity scams; and (4) offer seniors a "senior protection (checking) account." Directs the Bureau of Consumer Financial Protection to: (1) issue implementing regulations; and (2) audit financial institutions periodically to ensure compliance with them. Sets forth senior protection account requirements, including protective measures to block and investigate transactions suspected of being an affinity scam. Instructs the Secretary of the Treasury to establish an income tax deduction of .77% of the average of the amount of deposits held by a financial institution in senior protection accounts. Subjects a noncompliant financial institution to a civil liability with respect to a senior who has sustained actual damage as a result of the institution's failure to comply with this Act. Directs the Secretary to require each financial institution, and each of its directors, officers, employees, or agents, to report any suspicious transaction relevant to a possible affinity scam.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Woodrow Wilson Memorial Bridge Preservation Act''. SEC. 2. RESPONSIBILITY OF THE SECRETARY FOR THE WOODROW WILSON MEMORIAL BRIDGE. (a) Maintenance, Rehabilitation, and Expansion of Existing Bridge.--The Secretary of Transportation shall be solely responsible for the maintenance, rehabilitation, and expansion of the existing Woodrow Wilson Memorial Bridge over the Potomac River between the States of Virginia and Maryland until all conditions under section 5 are met. The Secretary shall consult with the Commonwealth of Virginia, the State of Maryland, and the District of Columbia from time to time on the operating, maintenance, and rehabilitation needs of the bridge. (b) Coordination of Agreement.--Sections 2(A), 2(B), and 2(C) of the agreement of April 19, 1985, between the Secretary of Transportation, the Commonwealth of Virginia, the State of Maryland, and the District of Columbia, related to the assignment of responsibility for the operation and maintenance of the bridge shall remain in effect. SEC. 3. ESTABLISHMENT OF FUND. (a) In General.--The contract authority, and associated obligational authority, provided by section 412 of the National Highway System Designation Act of 1995 (112 Stat. 159-160) and section 110 of title 23, United States Code, for the Woodrow Wilson Memorial Bridge shall be designated as the Woodrow Wilson Memorial Bridge Preservation Fund (in this section referred to as the ``Fund'') and shall be maintained as such within the Department of Transportation. (b) Uses of the Fund.--The Fund shall be available to the Secretary for the maintenance, rehabilitation, and expansion of the existing Woodrow Wilson Memorial Bridge for the purpose of keeping the bridge in a condition sufficient to facilitate interstate traffic in an efficient and safe manner. Amounts in the Fund shall only be available for those portions of the bridge that are owned by the Federal Government. (c) Replenishment of the Fund.--Before October 1 of each fiscal year, the Secretary shall estimate the balance in the Fund for such fiscal year. If the balance is projected to be below $50,000,000, the Secretary shall deduct from apportionments made to the Commonwealth of Virginia and the State of Maryland under section 104 of title 23, United States Code, sufficient contract authority and obligation authority to restore the projected Fund balance to $50,000,000. The obligation authority deducted shall be available until expended. (d) Annual Report.--The Secretary shall prepare and transmit to Congress an annual report on the condition of the bridge. SEC. 4. TRANSPORTATION PLAN. (a) Development.--The Secretary of Transportation, the Commonwealth of Virginia, the State of Maryland, and the District of Columbia shall develop a transportation plan for the Capital Beltway corridor (Interstate Route 495) served by the Woodrow Wilson Memorial Bridge project. The plan shall establish what level of high occupancy vehicle lanes and transit service should be provided in the corridor and how such service should be accommodated on a replacement bridge. (b) Consultation.--The plan shall be developed in consultation with appropriate local jurisdictions and metropolitan planning organizations. (c) Funding.--The cost of developing the plan may be paid from the Woodrow Wilson Memorial Bridge Preservation Fund. SEC. 5. CONSTRUCTION OF REPLACEMENT BRIDGE. (a) In General.--Upon certification to Congress by the Secretary of Transportation that all of the following conditions have been met, the balance in the Woodrow Wilson Memorial Bridge Preservation Fund shall be available for the construction of a replacement for the existing Woodrow Wilson Memorial Bridge: (1) The transportation plan required under section 4 has been completed and approved by the Secretary, the Governors of Virginia and Maryland, and the mayor of the District of Columbia. (2) Title to the existing bridge has been transferred from the Federal Government to the Commonwealth of Virginia or the State of Maryland, or both. (3) The Commonwealth of Virginia and the State of Maryland have developed a finance plan to pay for all costs of the replacement bridge project in excess of the current Federal payment provided by the Transportation Equity Act for the 21st Century and have signed an agreement with the Secretary to pay for all cost overruns to the finance plan. The plan shall give priority to the use of such Federal payment for the bridge component of the project. (b) Waiver Authority.--In developing a replacement bridge and its approaches under subsection (a), the Secretary upon petition by the States of Virginia and Maryland, may waive any requirement of title 23, United States Code, other than sections 113 and 138 of such title, that the States have determined to cause unreasonable increases in the cost of the project. SEC. 6. SENSE OF THE CONGRESS. It is the sense of Congress that-- (1) the $900,000,000 Federal payment in the Transportation Equity Act for the 21st Century to replace the Woodrow Wilson Memorial Bridge is the final Federal contribution for that project; (2) any of the Federal payment remaining after completion of the replacement bridge shall be available to pay for costs associated with construction of approaches to the bridge; and (3) all project costs not associated with the bridge component are the responsibility of the Commonwealth of Virginia and the State of Maryland as was the case with the construction of the existing bridge. SEC. 7. CONFORMING AMENDMENTS. Section 412 of the National Highway System Designation Act of 1995 (112 Stat. 159-160) is amended-- (1) in subsection (a)(1) by striking ``of planning'' and all that follows through the period at the end of such subsection and inserting ``of maintenance and rehabilitation by the Secretary of the existing Woodrow Wilson Memorial Bridge.''; and (2) by striking subsection (c). SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect September 30, 2000, and shall apply to fiscal years beginning after such date.

Designates certain contract and associated obligational authorities for the bridge as the Woodrow Wilson Memorial Bridge Preservation Fund which shall be maintained within the Department of Transportation. Requires that such Fund be available to the Secretary for the maintenance, rehabilitation, and expansion of the bridge for keeping it in a condition sufficient to facilitate interstate traffic in an efficient and safe manner. Provides for amounts in the Fund only to be available for those portions of the bridge that are owned by the Federal Government. Sets forth a rule for the replenishment of the Fund. Requires the Secretary to prepare and transmit to Congress an annual report on the bridge's condition. Directs the Secretary, Virginia, Maryland, and the District of Columbia to develop a transportation plan for the Capital Beltway corridor (Interstate Route 495) served by the Woodrow Wilson Memorial Bridge project. Requires that the plan establish what level of high occupancy vehicle lanes and transit service should be provided in the corridor and how such service should be accommodated on a replacement bridge. Permits the cost of developing the plan to be paid from the Fund. Requires the balance in the Fund to be available for the construction of a replacement bridge upon certification to Congress by the Secretary that all of the following conditions have been met: (1) the transportation plan has been completed and approved by the Secretary, the Governors of Virginia and Maryland, and the mayor of the District of Columbia; (2) title to the existing bridge has been transferred from the Federal Government to Virginia, Maryland, or both; and (3) Virginia and Maryland have developed a finance plan to pay for all costs of the replacement bridge project in excess of the current Federal payment and have signed an agreement with the Secretary to pay for all cost overruns to the plan (requires the plan to give priority to the use of such Federal payment for the bridge component). Allows the Secretary, in developing a replacement bridge and its approaches, upon petition by the States of Virginia and Maryland, to waive any Federal highways requirement (with exceptions) that the States have determined to cause unreasonable increases in the cost of the project. Expresses the sense of the Congress that: (1) the $900 million Federal payment to replace the bridge is the final Federal contribution for that project; (2) any of the Federal payment remaining after completion of the replacement bridge shall be available to pay for costs associated with construction of approaches to it; and (3) all project costs not associated with the bridge component are the responsibility of the Commonwealth of Virginia and the State of Maryland.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Extend Auditory Relief (HEAR) Act of 2013''. SEC. 2. MEDICARE COVERAGE OF HEARING REHABILITATION. (a) Coverage of Aural Rehabilitation Services.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (EE), by striking ``and'' at the end; (2) in subparagraph (FF) by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(GG) aural rehabilitation services (as described in subsection (iii)(1)(A));''. (b) Coverage of Hearing Aids as Durable Medical Equipment.--Section 1861(s)(8) of the Social Security Act (42 U.S.C. 1395x(s)(8)) is amended by inserting ``and hearing aids (as defined in subsection (iii)(3))'' before the period. (c) Hearing Rehabilitation and Hearing Aid Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Hearing Rehabilitation ``(iii)(1) The term `hearing rehabilitation' means-- ``(A) aural rehabilitation services (described in paragraph (2)) which meet such requirements as the Secretary prescribes and which are furnished by a physician or qualified audiologist, who is legally authorized to furnish such services under the State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and ``(B) hearing aids (as defined in paragraph (3)). ``(2) The services described in this subparagraph include-- ``(A) aural rehabilitation services; ``(B) in the case of an individual who has a hearing loss (as defined by the Secretary), a comprehensive audiologic assessment to determine if a hearing aid is appropriate and to determine the need for other diagnostic medical or audiologic testing; and ``(C) a threshold test to determine audio acuity. ``(3)(A) The term `hearing aid' means a hearing aid described in subparagraph (B), including the services described in subparagraph (C) furnished by a physician or qualified audiologist, who is legally authorized to supply such hearing aid under the State law (or State regulatory mechanism provided by State law) of the State in which the hearing aid is supplied, to an individual described in subparagraph (D). ``(B) A hearing aid described in this subparagraph is any wearable instrument or device for, offered for the purpose of, or represented as aiding individuals with, or compensating for, hearing loss that meets requirements of the Food and Drug Administration for marketing. ``(C) The services described in this subparagraph include-- ``(i) audiology services (as defined in subsection (ll)(2)); ``(ii) a hearing aid assessment to determine the appropriate hearing aid for the individual; ``(iii) procurement of an appropriate hearing aid; ``(iv) initial fitting and adjustment of the hearing aid; ``(v) appropriate instruction on the use of the hearing aid; ``(vi) periodic refittings and adjustments; and ``(vii) rehabilitation, including counseling on hearing loss, speech reading, and auditory training. ``(D) The individuals described in this subparagraph-- ``(i) have been determined (as a result of a comprehensive audiologic assessment) to have a hearing loss which can be appropriately treated with a hearing aid; ``(ii) have not been supplied with one monaural hearing aid or two binaural hearing aids during the preceding 3 years; and ``(iii) have had a comprehensive audiologic assessment which indicates that the hearing of such individual has deteriorated since such individual was last supplied with a hearing aid such that a hearing aid of a different type is appropriate for such individual.''. (d) Inclusion of Audiology Rehabilitation Services.--Section 1861(ll)(2) of the Social Security Act (42 U.S.C. 1395x(ll)(2)) is amended by inserting ``and rehabilitation'' after ``balance assessment''. (e) Exception to Exclusions From Coverage.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (O), by striking ``and'' at the end; (B) in subparagraph (P); by striking the semicolon at the end and inserting ``, and''; and (C) by adding at the end the following new subparagraph: ``(Q) in the case of hearing rehabilitation, which is furnished or supplied more frequently than is provided under section 1861(iii)(3)(D)(ii).''; and (2) in paragraph (7) by striking ``hearing aids or examinations therefor''. (f) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to items and services furnished on or after January 1 of such year, not later than the third year beginning after such date of enactment, as the Secretary of Health and Human Services shall specify.

Help Extend Auditory Relief (HEAR) Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to cover aural rehabilitation services, hearing aids as durable medical equipment (DME), audiology rehabilitation services, and related hearing services.

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short title Sec. 101. This Act may be cited as the ``Great Lakes Federal Effectiveness Act''. great lakes research council Sec. 102. (a) Establishment of Council.--There is established a Great Lakes Research Council. (b) Duties of Council.--The Council shall-- (1) advise and promote the coordination of Federal research activities to avoid unnecessary duplication and ensure greater effectiveness in achieving ecosystem protection of the Great Lakes through the goals of the Great Lakes Water Quality Agreement; (2) no later than one year after the date of enactment of this Act, prepare and provide to interested parties, a document which includes-- (A) an assessment of the research activities needed to fulfill the Great Lakes Water Quality Agreement goals; (B) an assessment of existing Federal expertise and capabilities in those activities needed to fulfill the Great Lakes Water Quality Agreement goals, including an inventory of existing Federal Great Lakes research programs, projects, facilities, and personnel; and (C) recommendations for long-term and short-term priorities for Federal research on the Great Lakes, based on a comparison of the assessment conducted under subparagraph (A) and existing programs; (3) identify topics for and participate in meetings, workshops, symposia, and conferences on Great Lakes research issues; (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (5) advise and cooperate in the establishment of a comprehensive, multi-media data base for the Great Lakes ecosystem; and (6) ensure that the results, findings, and information regarding Great Lakes research programs conducted or sponsored by the Federal Government be disseminated in a timely manner, and in useful forms, to interested persons, using as much as possible existing mechanisms, such as the Great Lakes Research Inventory prepared by the International Joint Commission. (c) Membership.--(1) The Council shall be comprised of one research manager with extensive knowledge, scientific expertise, and experience in the Great Lakes ecosystem for each of the following agencies-- (A) the Environmental Protection Agency; (B) the National Oceanic and Atmospheric Administration; (C) the United States Coast Guard; (D) the United States Fish and Wildlife Service; and (E) any other relevant Federal department, agency or instrumentality, as determined by the Council membership. (2) Other persons who are not Federal employees may serve as ex officio members of the Council, at the request of the Council membership. (d) Chairperson.--The Chairperson of the Council shall be elected by the members and shall serve for a period of two years. No member of the Council may serve as Chairperson for more than two consecutive terms. (e) Compensation.--While performing official duties as members of the Council, members of the Council are entitled to receive compensation for travel and transportation expenses under section 5703 of title 5, United States Code. (f) Interagency Cooperation.--The head of each department, agency, or other instrumentality of the Federal Government which is a member of the Council-- (1) shall cooperate with the Council to implement the recommendations developed under subsection (b); (2) may, upon written request of the Chairperson of the Council, make available, on a reimbursable basis or otherwise, personnel, services, or facilities as may be necessary to assist the Council in achieving the purposes of this Act; and (3) shall, upon written request from the Chairperson, furnish data or information necessary to achieve the purposes of this Act. international cooperation Sec. 103. (a) International Joint Commission.--The Council shall invite the International Joint Commission to serve as Secretariat and principal coordinating body for the Council. (b) Funding.--Agencies represented on the Council may reimburse costs associated with activities authorized under this Act conducted by the International Joint Commission. effect on other laws Sec. 104. Nothing in this Act shall be construed to amend, restrict, or otherwise alter the authority of any Federal department, agency, or instrumentality, under any law, to undertake Great Lakes research activities. definitions Sec. 105. In this Act-- (1) ``Council'' means the Great Lakes Research Council established under section 102 of this Act. (2) ``Great Lakes'' means-- (A) Lake Erie, Lake Huron, Lake Michigan, Lake Ontario, and Lake Superior; (B) their connecting waters, including the St. Marys River; the St. Clair River, Lake St. Clair, the Detroit River, and the Niagara River; and (C) the St. Lawrence River. (3) ``Great Lakes research'' means the application of scientific and/or engineering expertise to explain, understand, and predict physical, chemical, biological, and socioeconomic processes, and their interaction, in the Great Lakes ecosystem. (4) ``Great Lakes Water Quality Agreement'' means the bilateral agreement between the United States and Canada which was signed in 1978 and amended by the Protocol of 1987.

Great Lakes Federal Effectiveness Act - Establishes a Great Lakes Research Council to: (1) advise and promote the coordination of Federal research activities to avoid unnecessary duplication and ensure greater effectiveness in achieving ecosystem protection of the Great Lakes through the Great Lakes Water Quality Agreement; (2) prepare and provide to interested parties a document which includes an assessment of research activities needed to fulfill the goals of the Agreement and of existing Federal expertise in such activities and recommendations for research priorities; (3) identify topics for and participate in workshops and conferences on Great Lakes research issues; (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (5) advise and cooperate in the establishment of a multi-media data base for such ecosystem; and (6) ensure that findings and information regarding such research are disseminated in a timely manner.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Long Island Sound Protection Act''. SEC. 2. PROHIBITION ON DUMPING OF DREDGED MATERIAL. Section 106 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1416) is amended by striking subsection (f) and inserting the following: ``(f) Prohibition on Dumping of Dredged Material.-- ``(1) Definitions.--In this subsection: ``(A) Covered body of water.--The term `covered body of water' means-- ``(i) Long Island Sound; ``(ii) Fisher's Island Sound; ``(iii) Block Island Sound; ``(iv) Peconic Bay; and ``(v) any harbor or tributary of a body of water described in any of clauses (i) through (iv). ``(B) Covered project.--The term `covered project' means-- ``(i) any Federal dredging project (or any project conducted for a Federal agency pursuant to Federal authorization); ``(ii) a dredging project carried out by a non-Federal entity that results in the production of more than 25,000 cubic yards of dredged material; and ``(iii) any of 2 or more dredging projects carried out by 1 or more non-Federal entities in a covered body of water, simultaneously or sequentially within a 180-day period, that result, in the aggregate, in the production of more than 25,000 cubic yards of dredged material. ``(C) Plan.--The term `plan' means the dredged material management plan required under paragraph (5). ``(2) Prohibition.--No dredged material from any covered project shall be dumped, or transported for the purpose of dumping, into any covered body of water unless and until the dredged material is determined by the Administrator-- ``(A) to have, or to cause (including through bioaccumulation), concentrations of chemical constituents that are not greater than those concentrations present in the water column, sediments, and biota of areas proximate to, but unaffected by, the proposed disposal site; and ``(B) to meet all requirements under this title (including the trace contaminant provision under section 227.6 of title 40, Code of Federal Regulations (or a successor regulation), and requirements under other regulations promulgated under section 108). ``(3) Designation of sites.--No dredged material shall be dumped, or transported for the purpose of dumping, into any covered body of water except-- ``(A) at a site designated by the Administrator in accordance with section 102(c); and ``(B) upon a determination by the Administrator, following approval of the plan required under paragraph (5)(F), that no feasible alternative to ocean disposal, including sediment remediation, beneficial reuse, and land-based alternatives, is available prior to the time of designation. ``(4) Relationship to other law.-- ``(A) In general.--Except as provided in subparagraph (B), this title applies to each covered body of water. ``(B) Exception.--No waiver under section 103(d) shall be available for the dumping of dredged material in any covered body of water. ``(5) Dredged material management plan.-- ``(A) In general.--Before designation of any dredged material disposal site in a covered body of water, the Secretary and the Administrator, in consultation with the United States Fish and Wildlife Service, the National Marine Fisheries Service, the Coast Guard, and the States of Connecticut and New York, shall-- ``(i) develop a dredged material management plan for the management of all dredged sediment in the covered bodies of water; and ``(ii) submit the plan to Congress and the Governors of the States of Connecticut and New York. ``(B) Objectives.--The objectives of the plan shall be-- ``(i) to identify sources, quantities, and the extent of contamination of dredged material that requires disposal; ``(ii) to determine management actions that are to be taken to reduce sediment and contaminant loading of dredged areas; ``(iii) to thoroughly assess alternative locations, treatment technologies, and beneficial uses for dredged material; ``(iv) to ensure that dumping is the disposal option of last resort for dredged material and is used only after all other options have been exhausted; ``(v) to secure-- ``(I) alternative methods of disposal of dredged materials, including decontamination technologies; and ``(II) alternative uses of materials, including upland disposal, containment, beach nourishment, marsh restoration, habitat construction, and other beneficial reuses; and ``(vi) to confirm the specific roles of Federal, State, and local agencies with respect to various aspects of dredged material management. ``(C) Requirements.--The plan shall include environmental, economic, and other analysis required to meet the objectives listed in subparagraph (B), including-- ``(i) an analysis of strategies to reduce sediment loading of harbors and navigation areas; ``(ii) an analysis of sources of sediment contamination, including recommendations for management measures to limit or reduce those contamination sources; ``(iii) an analysis of options for reducing dredging needs through modification of navigation strategies; ``(iv) an analysis of decontamination technologies, including subsequent alternative uses of decontaminated materials (such as upland disposal, containment, beach nourishment, marsh restoration, and habitat construction); and ``(v) a program for use of alternative methods of disposal and use of dredged material, including alternatives to dumping or dispersal in a covered body of water. ``(D) Public input.--The Secretary and the Administrator shall-- ``(i) during the development of the plan, hold in the States of Connecticut and New York a series of public hearings on the plan; and ``(ii) append to the plan a summary of the public comments received. ``(E) Support.--Each of the Federal agencies referred to in subparagraph (A) shall provide such staff support and other resources as are necessary to carry out this paragraph. ``(F) Approval by connecticut and new york.-- ``(i) In general.--Not later than 60 days after the date of receipt of the plan, the Governors of the States of Connecticut and New York shall notify the Secretary and the Administrator of whether the States approve or disapprove the plan. ``(ii) Dumping of dredged material.--No dredged material from a covered project may be dumped, or transported for the purpose of dumping, in any covered body of water unless the dredged material-- ``(I) conforms to a plan that has been approved by the Governors of the States of Connecticut and New York; and ``(II) is to be dumped in a dredged material disposal site designated by the Administrator under this title. ``(iii) Finality.--No dredged material disposal plan shall become final until the plan has been approved by the States of Connecticut and New York under clause (i). ``(iv) Previously designated sites.--No dredged material disposal site in any covered body of water that was designated before the date of enactment of this clause shall be used for dumping of dredged material from a covered project until the plan has been approved by the States of Connecticut and New York under clause (i). ``(G) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2005 and 2006.''.

Long Island Sound Protection Act - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to revise requirements for the dumping of dredged material in Long Island Sound. Prohibits dredged material from any Federal or non-Federal dredging project from being dumped, or transported for the purpose of being dumped, into Long Island Sound, Fisher's Island Sound, Block Island Sound, or Peconic Bay (including any harbor or tributary of such bodies of water) until the dredged material is determined by the Administrator of the Environmental Protection Agency (EPA) to: (1) have, or to cause, concentrations of chemical constituents that are not greater than those concentrations present in the water column, sediments, and biota of areas proximate to, but unaffected by, the proposed disposal site; and (2) meet certain Federal dumping requirements. Prohibits dumping or transportation for dumping into any covered body of water, except at a site designated by the Administrator, and upon a determination that no feasible alternative to ocean disposal (including sediment remediation, beneficial reuse, and land-based alternatives) is available prior to the time of designation. Requires the Secretary of the Army and the Administrator, before designation of a dredged material disposal site in a covered body of water, to develop a dredged material management plan and to submit it to Congress and to the Governors of the States of Connecticut and New York for their approval.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Pump Access Act of 2016''. SEC. 2. FINDINGS. The Congress finds the following: (1) The technical assistance materials for the Americans with Disabilities Act of 1990 of the Department of Justice requires gas stations, including those offering self-service, to provide equal access for their customers with disabilities. (2) Customers with disabilities are advised that they can obtain refueling assistance by either honking or otherwise signaling an employee. (3) The Americans with Disabilities Act of 1990 requires self-service gas stations to provide refueling assistance upon the request of a qualified person with a disability if there is more than one attendant on duty at the station. Such service is provided without any charge beyond the self-service price. (4) A qualified person with a disability is described as a person to whom an accessible or disabled parking permit has been issued or a person who is in legal possession of a specialized motor vehicle license plate indicating that the owner is a person with a disability. (5) History has shown that these methods to attract refueling assistance are not effective. Throughout the United States, individuals with disabilities who need gas pumping assistance at gas stations or convenience stores do not generally receive such assistance when they honk their horns, flash their headlights, or otherwise signal to attract the attention of an attendant inside the facility. This is not considered equal access under the Americans with Disabilities Act of 1990. (6) In 2014, the State of Florida enacted House Bill 7005, which requires phone numbers to be placed on all gas pumps not later than two years after July 1, 2014. This requirement allows qualified individuals with disabilities to call on their cell phones for free gas pumping assistance. However, should such refueling assistance be requested during times when a second attendant is not present at a self-service gasoline station, the Florida gas station retailer is not required to provide the requested assistance and will inform the caller. History has proven this to be a simple, inexpensive, common sense, effective solution that is favored by both customers with disabilities and the petroleum and convenience store industries. (7) Today, unlike in 1990, almost everyone owns a cell phone. Owning a cell phone is a safety measure for drivers with disabilities in case their vehicle breaks down on the road. SEC. 3. PURPOSE. The purpose of this Act is to provide accessibility to gas stations by ensuring that it will be considered discrimination under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) for a gas station to fail to display a phone number to call for assistance on each self-service gas pump of the gas station. SEC. 4. ACCESSIBILITY. (a) Notification Requirement.-- (1) In general.--It shall be considered discrimination for purposes of section 302 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas station or convenience store to fail to clearly display at each self-service gas pump a decal that-- (A) is at least 15 square inches in size; (B) has a blue background; (C) includes the telephone number of the gas station or convenience store at which such pump is located and the words ``Call for Assistance'' in printed white text; and (D) includes the International Symbol of Accessibility. (2) Operational telephone.--With respect to the telephone number indicated on the decal, it shall be considered discrimination for purposes of section 302 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12182) if the phone connected to such number is not operational and answered directly by an employee of the gas station retailer during the hours the gas station retailer is open for business to the public. (b) Assistance.-- (1) Two or more attendants.--It shall be considered discrimination for purposes of section 302 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas station or convenience store that is open for business to the public with two or more attendants on duty to fail to provide gas pumping assistance to a qualified individual with a disability who makes a request for such assistance. (2) One attendant.--It shall not be considered discrimination for purposes of section 302 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas station or convenience store that is open for business to the public with one attendant on duty to fail to provide gas pumping assistance to a qualified individual with a disability who makes a request for such assistance, if such attendant notifies the individual that assistance cannot be provided because there is only one attendant on duty. (c) Further Accessibility Standards.--Nothing in this section shall prohibit a unit of local government from adopting an ordinance, or enforcing an existing ordinance, that expands the accessibility, safety, or availability of fueling assistance to a motor vehicle operator with a qualified disability. (d) Regulations.--Not later than two years after the date of the enactment of this Act, the Secretary of Transportation and the Attorney General shall each promulgate such regulations as are necessary to ensure compliance with this section. (e) Example of Decal Made Publicly Available.--Not later than six months after the date of the enactment of this Act, the Secretary of Transportation and the Attorney General shall make a graphic example of a decal described in subsection (a) publicly available at no cost, in downloadable format, on the websites of the Department of Transportation and the Department of Justice, respectively. Such decal shall have a blank area in which a telephone number may be inserted.

Gas Pump Access Act of 2016 This bill declares that it shall be a prohibited form of discrimination against individuals with disabilities in a place of public accommodation under the Americans with Disabilities Act of 1990 for a gas station or convenience store to fail to clearly display at each self-service gas pump a decal that includes its telephone number and the words "Call for Assistance." A gas station or convenience store that is open for business to the public with at least two attendants on duty must provide gas pumping assistance to a qualified individual with a disability who makes a request for such assistance. But it shall not be considered discrimination for a gas station or convenience store with one attendant on duty to fail to provide such requested gas pumping assistance if such attendant notifies the individual that assistance cannot be provided because there is only one attendant on duty. The Department of Transportation and the Department of Justice must promulgate regulations necessary to ensure compliance with this bill and make graphics for the decals publicly available on their websites.

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SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Renewable Energy Investment Act of 2009''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.-- Sec. 1. Short title; etc. TITLE I--INVESTMENT IN RENEWABLE ENERGY Sec. 101. Extension of renewable electricity production credit. Sec. 102. Expansion and extension of new clean renewable energy bonds. Sec. 103. Extension of investment tax credit for certain energy property. Sec. 104. Increase in credit for investment in advanced energy facilities. TITLE II--INVESTMENT IN ALTERNATIVE FUEL PROPERTY Sec. 201. Extension of credits for alcohol fuels. Sec. 202. Extension of credits for biodiesel and renewable diesel. TITLE III--INVESTMENT IN ETHANOL Sec. 301. Research in and development of fungible biofuels. TITLE I--INVESTMENT IN RENEWABLE ENERGY SEC. 101. EXTENSION OF RENEWABLE ELECTRICITY PRODUCTION CREDIT. (a) In General.--Subsection (d) of section 45 is amended-- (1) by striking ``January 1, 2013'' in paragraph (1) and inserting ``January 1, 2015'', and (2) by striking ``January 1, 2014'' each place it appears in paragraphs (2), (3), (4), (6), (7), (9), and (11)(B) and inserting ``January 1, 2015''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 102. EXPANSION AND EXTENSION OF NEW CLEAN RENEWABLE ENERGY BONDS. (a) In General.--Paragraph (2) of section 54C(c) is amended by inserting ``, for calendar years 2011, 2012, 2013, and 2014, an additional $500,000,000 for each year, and, except as provided in paragraph (5) for years after 2014, zero,'' after ``$800,000,000''. (b) Carryover of Unused Limitation.--Subsection (c) of section 54C is amended by adding at the end the following new paragraph: ``(5) Carryover of unused limitation.--If for any calendar year-- ``(A) the amount allocated under paragraph (2) for such calendar year, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (a) pursuant to such allocation, then the limitation amount under paragraph (2) for the following calendar year shall be increased by the amount of such excess.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after December 31, 2010. SEC. 103. EXTENSION OF INVESTMENT TAX CREDIT FOR CERTAIN ENERGY PROPERTY. (a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) are each amended by striking ``January 1, 2017'' and inserting ``January 1, 2019''. (b) Fuel Cell Property.--Subparagraph (D) of section 48(c)(1) is amended by striking ``December 31, 2016'' and inserting ``December 31, 2018''. (c) Qualified Small Wind Energy Property.--Subparagraph (C) of section 48(c)(4) is amended by striking ``December 31, 2016'' and inserting ``December 31, 2018''. (d) Geothermal Heat Pump Systems.--Clause (vii) of section 48(a)(3)(A) is amended by striking ``January 1, 2017'' and inserting ``January 1, 2019''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 104. INCREASE IN CREDIT FOR INVESTMENT IN ADVANCED ENERGY FACILITIES. (a) In General.--Subparagraph (B) of section 48C(d)(1) is amended by striking ``$2,300,000,000'' and inserting ``$4,000,000,000''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the amendments made by section 1302 of the American Recovery and Reinvestment Tax Act of 2009. TITLE II--INVESTMENT IN ALTERNATIVE FUEL PROPERTY SEC. 201. EXTENSION OF CREDITS FOR ALCOHOL FUELS. (a) In General.--Sections 40, 6426(b)(6), and 6427(e)(6)(A) are each amended by striking ``2010'' each place it appears and inserting ``2011''. (b) Conforming Amendment.--Section 40(e)(1)(B) is amended by striking ``2011'' and inserting ``2012''. (c) Effective Date.--The amendments made by this section shall apply to sales and uses after the date of the enactment of this Act. SEC. 202. EXTENSION OF CREDITS FOR BIODIESEL AND RENEWABLE DIESEL. (a) In General.--Sections 40A(g), 6426(c)(6), and 6427(e)(6)(B) are each amended by striking ``December 31, 2009'' each place it appears and inserting ``December 31, 2011''. (b) Effective Date.--The amendments made by this section shall apply to sales and uses after the date of the enactment of this Act. TITLE III--INVESTMENT IN ETHANOL SEC. 301. RESEARCH IN AND DEVELOPMENT OF FUNGIBLE BIOFUELS. There is authorized to be appropriated for advanced biofuels research, development, and demonstration that will create fuels that are fungible in existing infrastructure $100,000,000.

Renewable Energy Investment Act of 2009 - Amends the Internal Revenue Code to: (1) extend through 2014 the tax credit for producing electricity from renewable resources; (2) increase and extend through 2014 the authority for issuing new clean renewable energy bonds; (3) extend through 2018 the energy tax credit for investment in solar energy and fuel cell property, small wind energy property, and geothermal heat pump systems; (4) increase the energy tax credit for investment in advanced energy facilities; and (5) extend through 2011 the income and excise tax credits for alcohol fuels, biodiesel, and renewable diesel. Authorizes appropriations for advanced biofuels research, development, and demonstration that will create fuels that are fungible in existing infrastructure.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Students Using the Camp Community for Enrichment, Strength, and Success Act'' or the ``Promoting SUCCESS Act''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) reduce childhood obesity through increased physical activity and healthy lifestyle choices; and (2) strengthen high school graduation rates by reducing summer learning loss. SEC. 3. GRANTS AUTHORIZED. From the amounts appropriated under section 11, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out a summertime learning pilot program. SEC. 4. APPLICATION. To receive a grant under this Act, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. An application shall include-- (1) a description of the needs of the youth population that will be served under the grant, including any data with respect to such youth that supports a need for the grant, including data on-- (A) summer learning loss; (B) academic achievement; (C) physical activity; (D) childhood obesity; and (E) any other relevant needs facing the youth population; (2) a description of the balanced array of activities that will be undertaken with the grant funds to address the needs of the youth population described in paragraph (1) to reduce summer learning loss, strengthen academic achievement, increase physical activity, reduce childhood obesity, and promote youth development; (3) in the case of an eligible entity consisting of at least 1 nonprofit or for-profit organization offering camp activities, a description of how the eligible entity will work with the local educational agencies and schools serving the youth participating in activities funded under the grant to-- (A) provide activities that complement the academic curriculum taught to the students; and (B) address the academic and developmental needs of the students; (4) specific goals, strategies, and performance measures related to the academic and developmental outcomes expected to be achieved under the grant, including the number of indicators of performance described in subsection 7(b)(2), and the level of performance (as measured by level of performance measure described in section 7(b)(3)) on each of the indicators, expected to be achieved; and (5) an outreach strategy, including-- (A) a description of how parents will be informed of the opportunities made available under the grant; and (B) a description of how diverse participants and staff will be recruited to participate in such opportunities. SEC. 5. PRIORITY. The Secretary shall give priority to eligible entities-- (1) proposing to target services to students who attend schools that have been identified as in need of improvement under section 1116 of the Elementary and Secondary Education Act of 1965; (2) that consist of not less than 1-- (A) nonprofit or for-profit organization offering camp activities; or (B) a local educational agency receiving funds under part A of title I of the Elementary and Secondary Education Act of 1965; and (3) proposing to provide at least 1 activity from 3 or more categories described in section 6(b). SEC. 6. ALLOWABLE USES OF FUNDS. (a) In General.--An eligible entity receiving funds under this Act shall use such funds-- (1) to carry out a summertime learning pilot program that provides the camp activities described in subsection (b) for students during the period beginning with the summer after grade 5 through the summer before grade 10 to increase on-time promotion to the next grade level, reduce summer learning loss, strengthen academic achievement, increase physical activity, promote healthy lifestyle choices, and promote positive youth development; (2) to provide training and technical assistance to pilot program staff in areas such as-- (A) shared leadership; (B) the cultural needs of students; (C) how to attract and effectively serve diverse students and staff; and (D) experiential learning as a teaching strategy; (3) for the evaluation and data collection necessary to submit annual reports under section 7(a); and (4) for reasonable costs associated with program coordination and administration. (b) Camp Activities.--The camp activities described in this subsection include activities in areas such as-- (1) academic achievement, including-- (A) activities related to literacy; (B) tutoring or mentoring to promote academic achievement; (C) nature-based activities that promote achievement in science, technology, engineering, and math; and (D) other activities developed to reduce summer learning loss and increase on-time promotion to the next grade level; (2) health and wellness activities, including activities that encourage-- (A) eating 5 fruits and vegetables a day; (B) limiting computer and television screen time; (C) striving for 1 hour of physical activity a day; and (D) limiting sugar-sweetened drinks; (3) independent living skills, including skills related to-- (A) personal appearance and hygiene; (B) first aid; (C) health; (D) emergency and safety; (E) knowledge of community resources; and (F) interpersonal skills; (4) environmental stewardship, including activities related to-- (A) nature-based civic engagement; (B) service learning; (C) environmental awareness; and (D) other community-based improvement activities; (5) leadership development, including activities related to-- (A) leadership competencies; (B) leadership styles; (C) conflict-management; (D) communication; (E) character development; (F) working effectively with others; (G) emotional self-regulation; (H) team building; (I) making positive choices; and (J) mobilizing groups to solve problems; and (6) workforce preparation, including a range of introductory workforce experiences (such as staff training, workplace etiquette, employee and supervisor relationships, performance feedback, workforce training, and care-giving and supervision of youth). SEC. 7. ACCOUNTABILITY. (a) Annual Reporting.--An eligible entity receiving a grant under this Act shall submit an annual report to the Secretary at such time, in such manner, and providing such information as the Secretary may require, including-- (1) information on the number, and demographic information, of the children served under the summertime learning pilot program carried out with the grant funds; (2) the camp activities provided under the program; and (3) an evaluation of the program using the indicators of performance described in subsection (b)(2) and the level of performance measure described in subsection (b)(3). (b) Independent Evaluation.-- (1) In general.--From the amounts appropriated under section 11 to carry out this subsection, the Secretary shall award a grant or a contract to an independent entity outside of the Department of Education to carry out an evaluation of the grants provided under this Act. Such evaluation shall evaluate the summertime learning pilot program carried out by each eligible entity using a grant under this Act by-- (A) analyzing and documenting the strategies (for increasing on-time promotion to the next grade level, reducing summer learning loss, strengthening academic achievement, increasing physical activity, promoting healthy lifestyle choices, and promoting positive youth development) implemented by the eligible entities under the program, and the key lessons learned by the entity (such as lessons with respect to program design, collaboration among nonprofit organizations, local educational agencies, and schools that offer camps, and program implementation); (B) measuring progress toward the goals identified under subparagraph (A) through the strategies identified under such subparagraph; (C) evaluating the performance of the program using the indicators of performance described in paragraph (2); and (D) determining the level of performance achieved on each such indicator of performance as measured by the level of performance measure described in paragraph (3). (2) Indicators of performance.--The indicators of performance described in this paragraph shall consist of the following: (A) The number and percentage of students served in grade 5 through grade 9 who are promoted to the next grade level on-time. (B) The number and percentage of students passing the State's academic assessments in reading and mathematics required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)). (C) Student school behavior during the summer and the regular school year, as measured by truancy or teacher or principal behavior reports. (D) Number or percentage of students participating in 60 minutes or more of moderate-vigorous physical activity during the program. (E) Developmental outcomes of the students, including-- (i) positive self-identity; (ii) social and interpersonal skills; (iii) responsibility and independence; (iv) positive values and character; (v) creativity and exploration; and (vi) leadership and civic engagement. (3) Level of performance measure.--For each indicator of performance described in paragraph (2), the Secretary, in coordination with eligible entities, shall develop a level of performance measure expressed in an objective and quantifiable form that measures the level of performance achieved by the eligible entity on such indicator. SEC. 8. TECHNICAL ASSISTANCE AND BEST PRACTICES. From the amounts appropriated under section 11, the Secretary shall provide a grant or contract to 1 or more national nonprofit organizations to collect best practices from among grantees under this Act and provide grantees with training, technical assistance, and professional development. A national organization receiving a grant or contract under this section shall have demonstrated expertise in providing technical assistance and training on quality activities for children and youth during the summer, and shall have experience implementing a national system of accreditation to strengthen the quality of summer camp experiences for children and youth. SEC. 9. MATCHING FUNDS. (a) In General.--The Secretary shall require each eligible entity receiving a grant under this Act to provide matching funds from non- Federal sources in an amount determined under subsection (b). (b) Determination of Amount of Match.-- (1) Sliding scale.--Subject to paragraph (2), the Secretary shall determine the amount of matching funds to be required of an eligible entity under this subsection based on a sliding fee scale that takes into account-- (A) the poverty level of the population to be targeted by the eligible entity; and (B) the ability of the eligible entity to obtain such matching funds. (2) Maximum amount.--The Secretary may not require any eligible entity under this section to provide matching funds in an amount that exceeds the amount of the grant award under this Act. (3) Level of poverty.--In determining the poverty level for purposes of subparagraph (A), the Secretary shall use the criteria of poverty used by the Bureau of the Census in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. (c) In-Kind Contributions.--The Secretary shall permit eligible entities under this section to match funds in whole or in part with in- kind contributions. (d) Consideration.--Notwithstanding this section, the Secretary shall not consider an applicant's ability to match funds when determining which applicants will receive grants under this Act. SEC. 10. DEFINITIONS. In this Act: (1) Camp activities.--The term ``camp'' refers to an intentional set of evidence-based youth development and academic activities taking place primarily during the summer weeks when school is not in regular session. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a nonprofit organization; (B) a for-profit organization, (C) a local educational agency; and (D) a consortium of 2 or more local educational agencies. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2011 through 2015. (b) Allocations.--Of the amount appropriated under subsection (a), the Secretary shall use-- (1) not less than 90 percent for grants to eligible entities under this Act; and (2) not more than the greater of 10 percent or $5,000,000 for technical assistance and evaluations under sections 7(b) and 8.

Promoting Students Using the Camp Community for Enrichment, Strength, and Success Act or the Promoting SUCCESS Act - Directs the Secretary of Education to award competitive matching grants to nonprofit organizations, for-profit organizations, and local educational agencies to carry out summertime learning pilot programs for students during their summers after grades five through nine. Requires such programs to provide students with camp activities geared toward: (1) reducing childhood obesity through increased physical activity and healthy lifestyle choices; (2) strengthening high school graduation rates by reducing summer learning loss and improving academic achievement; and (3) promoting positive youth development. Directs the Secretary to arrange for an independent evaluation of the pilot programs. Requires the Secretary to provide a grant or contract to one or more national nonprofit organizations to collect best practices from among this Act's grantees and provide grantees with training, technical assistance, and professional development.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Protection Program Act''. SEC. 2. VOLUNTARY PROTECTION PROGRAM. (a) Cooperative Agreements.--The Secretary of Labor shall establish a program of entering into cooperative agreements with employers to encourage the establishment of comprehensive safety and health management systems that include-- (1) requirements for systematic assessment of hazards; (2) comprehensive hazard prevention, mitigation, and control programs; (3) active and meaningful management and employee participation in the voluntary program described in subsection (b); and (4) employee safety and health training. (b) Voluntary Protection Program.-- (1) In general.--The Secretary of Labor shall establish and carry out a voluntary protection program (consistent with subsection (a)) to encourage excellence and recognize the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (2) Program requirements.--The voluntary protection program shall include the following: (A) Application.--Employers who volunteer under the program shall be required to submit an application to the Secretary of Labor demonstrating that the worksite with respect to which the application is made meets such requirements as the Secretary of Labor may require for participation in the program. (B) Onsite evaluations.--There shall be onsite evaluations by representatives of the Secretary of Labor to ensure a high level of protection of employees. The onsite visits shall not result in enforcement of citations under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (C) Information.--Employers who are approved by the Secretary of Labor for participation in the program shall assure the Secretary of Labor that information about the safety and health program shall be made readily available to the Secretary of Labor to share with employees. (D) Reevaluations.--Periodic reevaluations by the Secretary of Labor of the employers shall be required for continued participation in the program. (3) Monitoring.--To ensure proper controls and measurement of program performance for the voluntary protection program under this section, the Secretary of Labor shall direct the Assistant Secretary of Labor for Occupational Safety and Health to take the following actions: (A) Develop a documentation policy regarding information on follow-up actions taken by the regional offices of the Occupational Safety and Health Administration in response to fatalities and serious injuries at worksites participating in the voluntary protection program. (B) Establish internal controls that ensure consistent compliance by the regional offices of the Occupational Safety and Health Administration with the voluntary protection program policies of the Occupational Safety and Health Administration for conducting onsite reviews and monitoring injury and illness rates, to ensure that only qualified worksites participate in the program. (C) Establish a system for monitoring the performance of the voluntary protection program by developing specific performance goals and measures for the program. (4) Exemptions.--A site with respect to which a voluntary protection program has been approved shall, during participation in the program, be exempt from inspections or investigations and certain paperwork requirements to be determined by the Secretary of Labor, except that this paragraph shall not apply to inspections or investigations arising from employee complaints, fatalities, catastrophes, or significant toxic releases. (5) No payments required.--The Secretary of Labor shall not require any form of payment for an employer to qualify or participate in the voluntary protection program. (c) Transition.--The Secretary of Labor shall take such steps as may be necessary for the orderly transition from the cooperative agreements and voluntary protection programs carried out by the Occupational Safety and Health Administration as of the day before the date of enactment of this Act, to the cooperative agreements and voluntary protection program authorized under this section. In making such transition, the Secretary shall ensure that-- (1) the voluntary protection program authorized under this section is based upon and consistent with the voluntary protection programs carried out on the day before the date of enactment of this Act; and (2) each employer that, as of the day before the date of enactment of this Act, had an active cooperative agreement under the voluntary protection programs carried out by the Occupational Safety and Health Administration and was in good standing with respect to the duties and responsibilities under such agreement, shall have the option to continue participating in the voluntary protection program authorized under this section. (d) Regulations and Implementation.--Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall issue final regulations for the voluntary protection program authorized under this section and shall begin implementation of the program. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary.

Voluntary Protection Program Act This bill provides statutory authority for the Occupational Safety and Health Administration's (OSHA's) voluntary protection program, under which management, labor, and OSHA establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Outreach and Turnout Expansion Act of 2003''. TITLE I--EXPANSION OF ELECTION ADMINISTRATION REQUIREMENTS SEC. 101. SAME-DAY VOTER REGISTRATION. (a) In General.--Section 303 of the Help America Vote Act of 2002 (42 U.S.C. 15483) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Permitting Voter Registration on Date of Election.-- ``(1) In general.--At each polling place in a State at which ballots are cast in an election for Federal office, an individual may register to vote on the date of the election, and may cast a vote at the polling place in the election, if the individual-- ``(A) completes an application for voter registration in accordance with the requirements of this Act and other applicable law; and ``(B) executes a written affirmation before an election official at the polling place stating that the individual is eligible to register to vote in the jurisdiction in which the individual desires to vote and has not already voted in the election. ``(2) Transmittal of completed applications to state election official.--An appropriate official at a polling place shall transmit any voter registration application accepted under this subsection to the appropriate State election official at the time the official at the polling place transmits the ballots cast at the polling place to the official. ``(3) Notice to individuals filing voter registration applications after deadline.--If an individual's application for voter registration prior to the date of an election is received by the appropriate election official after the deadline for receipt of applications with respect to the election under State law, the official shall transmit a notice to the individual stating that the application was received after the deadline and that the individual may register to vote at the polling place on the date of the election in accordance with this subsection. ``(4) Requirements under national voter registration act of 1993.--In carrying out this subsection, a polling place in a State shall meet the requirements applicable to a voter registration agency designated by the State under section 7(a)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5(a)(2)), except that clauses (i), (ii), and (iii) of section 7(a)(6)(B) of such Act (42 U.S.C. 1973gg- 5(a)(6)(B)) shall not apply with respect to any of the voter registration forms distributed by the polling place pursuant to this subsection.''. (b) Inclusion in Voting Information Requirements.--Section 302(b)(2) of such Act (42 U.S.C. 14582(b)(2)) is amended-- (1) in subparagraph (E), by inserting ``and the right to register to vote at the polling place on the date of an election and vote in that election'' after ``provisional ballot''; (2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G); and (3) by inserting after subparagraph (D) the following new subparagraph: ``(E) instructions for individuals registering to vote at the polling place under section 303(d);''. (c) Effective Date.--Section 303(e) of such Act (42 U.S.C. 15483(e)), as redesignated by subsection (a), is amended by adding at the end the following new paragraph: ``(3) Requirement for voter registration on date of election.--Each State and jurisdiction shall be required to comply with the requirements of subsection (d) on and after January 1, 2004.''. SEC. 102. PERMITTING VOTERS TO CAST BALLOTS PRIOR TO ELECTION; PERMITTING VOTERS TO OBTAIN ABSENTEE BALLOTS FOR ANY REASON. (a) In General.--The Help America Vote Act of 2002 is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. 304. PROMOTING EARLY AND ABSENTEE VOTING. ``(a) Requiring Jurisdictions To Establish Early Voting Sites.-- ``(1) In general.--Each jurisdiction in a State which administers an election for Federal office shall designate early voting sites within the jurisdiction to serve as polling places for the election prior to the date of the election, and shall permit any individual who is registered to vote in the election and eligible to cast a ballot at any polling place within the jurisdiction to cast the ballot at the site. ``(2) Treatment of ballots cast at sites.--After a ballot is cast for an election at an early voting site under this subsection, the ballot shall be held and tabulated by the jurisdiction in the same manner as an absentee ballot cast for the election. ``(3) Period of operation.--The jurisdiction shall operate the early voting sites designated under this subsection for an election during such period as it considers appropriate, except that-- ``(A) the period may not begin later than the 22nd day before the date of the election or the date on which the ballots for the election are available to be cast (whichever occurs later); and ``(B) at least 2 of the days during the period shall be weekend days. ``(4) Conditions for designation and distribution of sites.--The number of early voting sites of a jurisdiction and the location of such sites within the jurisdiction shall be determined by the jurisdiction, subject to the following conditions: ``(A) To the greatest extent practicable, the jurisdiction shall designate sites which are also designated as voter registration agencies under section 7 the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5). ``(B) The aggregate number of voting systems used in all such sites in the jurisdiction may not be less than 25 percent of the total number of voting systems which will be used in all polling places in the jurisdiction on the date of the election. ``(C) At least one of the sites selected, and the voting system used at such site, shall be accessible for individuals with disabilities (including the blind and visually impaired). ``(D) The geographic distribution of the sites shall reflect the geographic distribution of the voting age population of the jurisdiction. ``(E) In establishing sites, the jurisdiction shall comply with the applicable requirements of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). ``(b) Permitting Voters To Obtain Absentee Ballots for Any Reason.--No State election official may require an individual who requests an absentee ballot for an election to provide a reason for the request, or to otherwise provide any proof of the individual's need for an absentee ballot, as a condition of obtaining the ballot.''. (b) Conforming Amendments.-- (1) Deadline for adoption of voluntary guidance by election assistance commission.--Section 311(b) of such Act (42 U.S.C. 15501(b)) is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) in the case of recommendations with respect to section 304, January 1, 2004.''. (2) Enforcement.--Section 401 of such Act (42 U.S.C. 15511) is amended by striking ``and 303'' and inserting ``303, and 304''. (c) Clerical Amendment.--The table of sections for subtitle A of title III of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as items relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Promoting early and absentee voting.''. SEC. 103. CLARIFICATION OF REQUIREMENT TO PERMIT INDIVIDUALS TO COMPLETE INCOMPLETE MAIL-IN VOTER REGISTRATION APPLICATIONS. Section 303(b)(4)(B) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended to read as follows: ``(B) Incomplete forms.--If an applicant for voter registration with respect to an election fails to answer any of the questions included on the mail voter registration form pursuant to subparagraph (A), or otherwise fails to provide any information required to be provided on the form, the registrar shall-- ``(i) notify the applicant of the failure and of the opportunity for the applicant to register to vote at the polling place on the date of the election in accordance with subsection (d); and ``(ii) if the form was received by the registrar within the deadline under State law for the receipt of voter registration applications with respect to the election, provide the applicant with an opportunity to complete the form in a timely manner to allow for the completion of the registration form prior to the election.''. SEC. 104. ADDITIONAL FUNDING. Section 257(a) of the Help America Vote Act of 2002 (42 U.S.C. 15407(a)) is amended-- (1) in paragraph (1), by striking ``$1,400,000,000'' and inserting ``$1,405,000,000''; (2) in paragraph (2), by striking ``$1,000,000,000'' and inserting ``$1,005,000,000''; and (3) in paragraph (3), by striking ``$600,000,000'' and inserting ``$605,000,000''. SEC. 105. EFFECTIVE DATE. The amendments made by this title shall take effect as if included in the enactment of the Help America Vote Act of 2002. TITLE II--REMOVING OTHER BARRIERS TO VOTING SEC. 201. TREATMENT OF ELECTION DAY IN SAME MANNER AS VETERANS DAY FOR PURPOSES OF FEDERAL EMPLOYMENT. (a) Sense of Congress.--It is the sense of Congress that-- (1) many Americans do not vote on Election Day because of conflicting work schedules; (2) Federal, State, and local governments should share the responsibility for increasing voter turnout on Election Day; (3) States should establish Election Day as a legal public holiday in each year and should provide full paid leave for State government employees on Election Day; and (4) the treatment of Election Day in the same manner as Veterans Day for purposes of laws relating to Federal employment will lead to increased voter turnout and will increase the availability of poll workers and suitable polling places. (b) Treatment of Election Day in Same Manner as Veterans Day for Purposes of Federal Employment.--For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2004 and each even-numbered year thereafter shall be treated in the same manner as November 11. SEC. 202. VOTING LEAVE. (a) In General.--Each employee of an employer may take up to 2 hours of leave (or up to 3 hours of leave, in the case of an employee whose workplace is further than 25 miles from the polling place at which the employee is eligible to cast a ballot under State law) in order to vote on any workday on which an election for Federal office is held. (b) Unpaid or Paid Leave Permitted.--Notwithstanding any other provision of law, leave granted under this subsection may be unpaid leave or paid leave. (c) Duties of Employee.--An employee taking leave under this subsection shall make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer, shall provide such notice prior to taking leave as is practicable, and shall make a reasonable effort to vote. (d) No Loss of Benefits.--The taking of leave under this subsection shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. (e) Prohibited Acts.-- (1) Exercise of rights.--It shall be unlawful for any employer to interfere with, restrain, or deny the taking of or the attempt to take any leave provided under this subsection. (2) Discrimination.--It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for-- (A) opposing any practice made unlawful by this subsection; (B) filing any charge, or instituting or causing to be instituted any proceeding, under or related to this subsection; (C) giving or preparing to give any information in connection with any inquiry or proceeding relating to any leave provided under this subsection; or (D) testifying or preparing to testify in any inquiry or proceeding relating to any leave provided under this subsection. (f) Investigative Authority.--The Secretary of Labor shall have investigative authority with respect to the provisions of this subsection in the same manner and under the same terms and conditions as the investigative authority provided under section 106 of the Family and Medical Leave Act of 1993, and the requirements of section 106 of such Act shall apply to employers under this subsection in the same manner as such requirements apply to employers under section 106 of such Act. (g) Enforcement.--The provisions of section 107 of the Family and Medical Leave Act of 1993 shall apply with respect to the enforcement of the requirements of this subsection in the same manner and under the same terms and conditions as such provisions apply with respect to the enforcement of the requirements of title I of such Act. (h) Employer Defined.--In this section, the term ``employer'' means any person engaged in commerce or in any industry or activity affecting commerce who employs 25 or more employees during a calendar year, and includes any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer and any successor in interest of an employer. In the previous sentence, the terms ``commerce'' and ``industry or activity affecting commerce'' have the meaning given such terms in section 101(1) of the Family and Medical Leave Act of 1993. (i) Nondiscrimination.--The implementation and enforcement of this section shall be in compliance with the Voting Rights Act of 1965. (j) Effective Date.--This section shall apply with respect to elections occurring after January 2004. SEC. 203. SENSE OF CONGRESS REGARDING DISTRIBUTION OF SAMPLE BALLOTS AND VOTING MATERIALS. It is the sense of Congress that the distribution of sample ballots, information on voting, and other voter education materials will help to prevent errors by voters at the polls and to reduce the rates of spoiled ballots, and Congress encourages States and other jurisdictions which administer elections to distribute these materials to registered voters prior to elections.

Voter Outreach and Turnout Expansion Act of 2003 - Amends the Help America Vote Act of 2002 to: (1) permit an individual to register to vote on the date of the election at each polling place in a State at which ballots are cast in an election for Federal office; and (2) require each jurisdiction in a State which administers an election for Federal office to designate early voting sites to serve as polling places for the election prior to the election date, and to permit any registered voter to cast a ballot at the site.Expresses the sense of Congress that: (1) many Americans do not vote on Election Day because of conflicting work schedules; (2) Federal, State, and local governments should share the responsibility for increasing voter turnout; (3) States should establish Election Day as a legal public holiday and provide full paid leave for State government employees; and (4) the treatment of Election Day in the same manner as Veterans Day for purposes of law relating to Federal employment will lead to increased voter turnout and will increase the availability of poll workers and suitable polling places.Sets out requirements for employee voting leave.Expresses the sense of Congress encouraging State and other jurisdictions to distribute sample ballots, information on voting, and other voter education materials as an aid to preventing errors by voters at the polls and reducing the rates of spoiled ballots.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reciprocity and Fairness in Foreign Investment Act''. SEC. 2. LIMITATIONS ON INVESTMENT AND CERTAIN OPERATIONS BY FOREIGN ENTITIES. (a) Limitations.-- (1) On government-owned enterprises.--A foreign person that is owned or controlled by the government of a foreign country may-- (A) acquire or hold an equity interest, or other evidence of ownership, in a corporation, partnership, or other business entity, that is organized under the laws of the United States, or (B) acquire or hold any interest in real property in the United States, only to the same extent as that foreign country allows United States persons to acquire or hold (as the case may be) equity interests or other evidences of ownership in comparable business concerns organized under the laws of that foreign country and to acquire or hold interests in comparable real property in that foreign country. (2) Investment in and operation of critical infrastructure.--A foreign person may acquire or hold a property interest in, or control operations, management, or security operations of, critical infrastructure in the United States only to the same extent as the foreign country of which that foreign person is a national allows United States persons to acquire or hold equivalent property interests or other evidences of ownership in, or to control operations, management, or security operations of, comparable critical infrastructure in that country. (b) Definitions.--In this section: (1) Critical infrastructure.--(A) The term ``critical infrastructure'' means systems and assets, whether physical or virtual, so vital to a country that the incapacity or destruction of such systems and assets would have a debilitating impact on the security, economic security, or public health or safety, of that country. Such term includes-- (i) any airport, air navigation facility, or facility that is part of an air traffic control system; (ii) any bridge, any highway, and any railroad tracks or facilities; (iii) any port facilities; (iv) any pipeline that transports oil, natural gas, or gasoline or other petroleum products; and (v) any electricity generation, transmission, or distribution facilities. (B) The terms ``airport'', ``air navigation facility'', and ``air traffic control system'' have the meanings given those terms in section 40102 of title 49, United States Code. (2) Foreign person.--The term ``foreign person'' means a national of a foreign country. (3) Government.--The term ``government of a foreign country'' includes any agency or instrumentality of the government of a foreign country. (4) National of a foreign country.--A person is a national of a foreign country if that person is-- (A) a citizen of that country; (B) an entity organized under the laws of that country (whether the entity is controlled by private persons or government entities); (C) a unit of government of that country; or (D) an entity that is organized under the laws of the United States and is owned or controlled by individuals, entities, or units of government described in subparagraphs (A), (B), and (C), or any combination thereof. (5) United states.--The term ``United States'' means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (6) United states person.--The term ``United States person'' means-- (A) any United States citizen; (B) any entity that is organized under the laws of the United States and is owned or controlled by United States citizens, by State or local governments, by the United States, or by any combination thereof. SEC. 3. ENFORCEMENT. (a) Secretary of the Treasury.--The Secretary of the Treasury, in consultation with the Secretary of Commerce, the Attorney General, and the heads of such other departments and agencies as the Secretary of the Treasury considers appropriate, shall issue such regulations as are necessary to carry out section 2. (b) Penalties.-- (1) Civil penalties.-- (A) Penalty.--A civil penalty of not more than $500,000 shall be imposed on any foreign person who violates section 2 or any regulation issued under subsection (a) of this section. (B) Authority of the secretary of the treasury.-- The Secretary of the Treasury has the authority to impose civil penalties under subparagraph (A). (2) Other relief.--The Secretary of the Treasury may bring an action in the appropriate United States district court to enjoin any violation of section 2 or any regulation issued under subsection (a) of this section. In addition, the Attorney General, upon the request of the Secretary of the Treasury, shall seek appropriate relief, including divestment relief, in the district courts in order to enforce this Act. SEC. 4. ANNUAL REPORT. The Secretary of the Treasury shall, not later than 120 days after the date of the enactment of this Act and annually thereafter, issue and make public a report on the laws of each foreign country regarding permissible investment by foreign persons in enterprises organized under the laws of the country and in real property in that country, and permissible control by foreign persons of operations and management of critical infrastructure in that country. SEC. 5. EFFECTIVE DATE. (a) In General.--Subject to subsection (b), this Act shall take effect 180 days after the date of the enactment of this Act. (b) Existing Investments.--In order to allow foreign countries the flexibility to make the necessary changes to their laws so as to allow foreign investment and control affected by this Act, this Act and the regulations issued under this Act shall not apply to any equity interest, other property interest, or control of operations or management of infrastructure, acquired before the effective date of this Act until the date that is 1 year after such effective date.

Reciprocity and Fairness in Foreign Investment Act - Permits a foreign person owned or controlled by a foreign government to acquire ownership in either a business, or in real property in the United States, but only to the same extent as that foreign government allows U.S. persons to acquire ownership in comparable enterprises organized under the laws of that foreign country. Subjects investment and operation of critical infrastructure in the United States by such a foreign person to the same reciprocity requirements. Directs the Secretary of the Treasury to issue implementing regulations. Establishes civil penalties for violations of this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclamation Rural and Small Community Water Enhancement Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Federal reclamation laws.--The term ``Federal reclamation laws'' means the Reclamation Act and Acts amendatory thereof and supplementary thereto; (2) Regional rural water supply system.--The term ``regional rural water supply system'' means a water supply system that serves multiple towns or communities in a rural area (including Indian reservations) where such towns or communities have a population not exceeding 40,000 persons. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. GENERAL AUTHORITY. (a) In General.--The Secretary, acting pursuant to the Federal reclamation laws, is directed to undertake a program to investigate and identify opportunities to ensure safe and adequate regional rural water supply systems for municipal and industrial use in small communities and rural areas through the construction of new regional rural water supply systems and the enhancement of existing rural water supply systems. (b) Exception.-- (1) In conducting the investigations and studies authorized by this Act, the Secretary may include a town or community with a population in excess of 40,000 persons if, in the Secretary's discretion, such town or community is considered to be a critical partner in the proposed regional rural water supply system. (2) In conducting a feasibility study of a regional rural water supply system that includes a community with a population in excess of 40,000 persons, the Secretary may consider a non- federal cost share in excess of the percentage set forth in sections 6(a) and 6(b)(5). (c) Limitation.--Such program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388), as amended, and Indian reservation lands within the external boundaries of such States and areas. (d) Agreements.--The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of this Act. SEC. 4. COORDINATION AND PLANNING. (a) Coordination.-- (1) Consultation.--In undertaking this program, the Secretary shall consult and coordinate with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Director of the Indian Health Service, in order to develop criteria to ensure that the program does not duplicate, but instead complements, activities undertaken pursuant to the authorities administered by such agency heads. (2) Report on authorities.--Within one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives, a report setting forth the results of the consultation required in paragraph (1) and criteria developed pursuant to such consultation. (b) Report and Action on Authorized Projects.-- (1) Within one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report setting forth-- (A) the status of all rural water projects within the jurisdiction of the Secretary authorized prior to the date of enactment of this Act; and (B) the Secretary's plan, including projected financial and workforce requirements, for the completion of the rural water projects within the time frames set forth in the public laws authorizing the projects or the final engineering reports submitted pursuant thereto. (2) The Secretary shall take all necessary steps to complete the projects within the time frames identified in subsection (1)(B). SEC. 5. APPRAISAL INVESTIGATIONS. (a) Appraisal Investigations.--Based on evidence of local interest and upon the request of a local sponsor, the Secretary may undertake appraisal investigations to identify opportunities for the construction of regional rural water supply systems and the enhancement of existing rural water supply systems for small communities and rural areas. Each such investigation shall include recommendations as to the preparation of a feasibility study of the potential system or system enhancement. (b) Considerations.--Appraisal investigations undertaken pursuant to this Act shall consider, among other things-- (1) whether an established water supply exists for the proposed regional rural water supply system; (2) the need for the regional rural water supply system or for enhancements to an existing rural water system, including but not limited to, alternative water supply opportunities and projected demand for water supply; (3) environmental considerations relating to the regional rural water supply system or rural water system enhancement; (4) public health and safety considerations relating to the regional rural water supply system or rural water system enhancement; (5) Indian trust responsibility considerations relating to the regional rural water supply system or rural water system enhancement; and (6) the availability of other Federal authorities or programs to address the water supply needs identified. (c) Consultation and Cooperation.--The Secretary shall consult and cooperate with appropriate Federal, state, tribal, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to this Act. (d) Costs Nonreimbursable.--The costs of such appraisal investigations shall be nonreimbursable. (e) Public Availability.--The Secretary shall make available to the public, upon request, the results of each appraisal investigation undertaken pursuant to this Act, and shall promptly publish in the Federal Register a notice of the availability of those results. SEC. 6. FEASIBILITY STUDIES. (a) Feasibility Studies.--The Secretary is authorized to participate with appropriate Federal, state, tribal, regional, and local authorities in studies to determine the feasibility of regional rural water supply systems and rural water supply system enhancements where an appraisal investigation so warrants. The Federal share of the costs of such feasibility studies shall not exceed 50 percent of the total, except that the Secretary may increase the Federal share of the costs of such feasibility study if the Secretary determines, based upon a demonstration of financial hardship, that the non-Federal participant is unable to contribute at least 50 percent of the costs of such study. The Secretary may accept as part of the non-Federal cost share the contribution of such in-kind services by the non-Federal participant that the Secretary determines will contribute substantially toward the conduct and completion of the study. (b) Considerations.--In addition to the requirements of other Federal laws, feasibility studies authorized under this Act shall consider, among other things-- (1) whether an established water supply exists for the proposed regional rural water supply system; (2) near- and long-term water demand and supplies in the study area including any opportunities to treat and utilize impaired water supplies through innovative and economically viable treatment technologies; (3) public health and safety and environmental quality issues related to the regional rural water supply system or rural water system enhancement; (4) opportunities for water conservation in the study area to reduce water use and water system costs; (5) the construction costs and projected operation and maintenance costs of the proposed regional rural water supply system and an assessment of participating communities' ability to pay 20 percent to 50 percent of the construction costs and the full share of the system operation and maintenance costs; (6) opportunities for mitigation of fish and wildlife losses incurred as a result of the construction of the regional rural water supply system or rural water system enhancement on an acre-for-acre basis, based on ecological equivalency, concurrent with system construction; and (7) the extent to which assistance for rural water supply is available pursuant to other Federal authorities and the likely effectiveness of efforts to coordinate assistance provided by the Secretary with other available Federal programs and assistance. (c) Use of Other Reports.--In conducting a feasibility study pursuant to this section, or an appraisal investigation under section 5, the Secretary shall, to the maximum extent practicable, utilize, in whole or in part, any engineering or other relevant report submitted by a state, tribal, regional, or local authority associated with the proposed regional rural water supply system. (d) Public Availability.--The Secretary shall make available to the public, upon request, the results of each feasibility study undertaken pursuant to this Act, and shall promptly publish in the Federal Register a notice of the availability of those results. (e) Disclaimer.--Nothing contained in this section shall be interpreted as requiring a feasibility study or imposing any other new requirement for rural water projects or programs that are already authorized. SEC. 7. AUTHORIZATION. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

Reclamation Rural and Small Community Water Enhancement Act - Directs the Secretary of the Interior to undertake a program to investigate and identify opportunities for ensuring safe and adequate regional rural water supply systems (serving areas with populations not exceeding 40,000, with exceptions) for use in small communities and rural areas through the construction of new regional systems and the enhancement of existing ruralsystems. Limits participation in such program to the States and areas (and Indian reservation lands within such States and areas) referred to in the Reclamation Act of 1902. Requires the Secretary to: (1) submit to specified congressional committees a report setting forth the status of all rural water projects within the Secretary's jurisdiction authorized prior to enactment of this Act and the Secretary 's plan for completing such projects within their respective time frames; and (2) take steps to complete such projects within such time frames. Authorizes the Secretary to undertake appraisal investigations to identify opportunities for the construction of new systems and enhancement of existing systems for small communities and rural areas; and (2) participate with appropriate Federal, State, tribal, regional, and local authorities in studies to determine the feasibility of such projects where such an investigation so warrants.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Access to Affordable Pharmaceuticals Act'' or the ``GAAP Act of 2000''. SEC. 2. NEW DRUG APPLICATIONS. (a) Limitations on the Use of Patents To Prevent Approval of Abbreviated New Drug Applications.--Section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``the drug for which such investigations were conducted or which claims a use for such drug for which the applicant is seeking approval under this subsection'' and inserting ``an active ingredient of the drug for which such investigations were conducted, alone or in combination with another active ingredient or which claims the first approved use for such drug for which the applicant is seeking approval under this subsection''; and (B) in clause (iv), by striking ``; and'' and inserting a period; (2) in the matter preceding subparagraph (A), by striking ``shall also include--'' and all that follows through ``a certification'' and inserting ``shall also include a certification''; (3) by striking subparagraph (B); and (4) by redesignating clauses (i) through (iv) as subparagraphs (A) through (D), respectively, and aligning the margins of the subparagraphs with the margins of subparagraph (A) of section 505(c)(1) of that Act (21 U.S.C. 355(c)(1)). (b) Abbreviated New Drug Applications.--Section 505(j)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is amended-- (1) in clause (vi), by striking the semicolon and inserting ``; and''; and (2) in clause (vii)-- (A) in the matter preceding subclause (I), by striking ``the listed drug referred to in clause (i) or which claims a use for such listed drug for which the applicant is seeking approval under this subsection'' and inserting ``an active ingredient of the listed drug referred to in clause (i), alone or in combination with another active ingredient or which claims the first approved use for such drug for which the applicant is seeking approval under this subsection''; (B) in subclause (IV), by striking ``; and'' and inserting a period; and (C) by striking clause (viii). (c) Effective Date.--The amendments made by this section shall only be effective with respect to a listed drug for which no certification pursuant to section 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug, Cosmetic Act was made prior to the date of enactment of this Act. SEC. 3. CITIZEN PETITION REVIEW. Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) Notwithstanding any other provision of law, the submission of a citizen's petition filed pursuant to section 10.30 of title 21, Code of Federal Regulations, with respect to an application submitted under paragraph (2)(A), shall not cause the Secretary to delay review and approval of such application, unless such petition demonstrates through substantial scientific proof that approval of such application would pose a threat to public health and safety.''. SEC. 4. BIOEQUIVALENCE TESTING METHODS. Section 505(j)(8)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(8)(B)) is amended-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(iii) the effects of the drug and the listed drug do not show a significant difference based on tests (other than tests that assess rate and extent of absorption), including comparative pharmacodynamic studies, limited confirmation studies, or in vitro methods, that demonstrate that no significant differences in therapeutic effects of active or inactive ingredients are expected.''. SEC. 5. ACCELERATED GENERIC DRUG COMPETITION. (a) In General.--Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended-- (1) in subparagraph (B)(iv), by striking subclause (II) and inserting the following: ``(II) the date of a final decision of a court in an action described in clause (ii) from which no appeal can or has been taken, or the date of a settlement order or consent decree signed by a Federal judge, that enters a final judgement, and includes a finding that the relevant patents that are the subject of the certification involved are invalid or not infringed, whichever is earlier,''; (2) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (3) by inserting after subparagraph (B), the following: ``(C) The one-hundred and eighty day period described in subparagraph (B)(iv) shall become available to the next applicant submitting an application containing a certification described in paragraph (2)(A)(vii)(IV) if the previous applicant fails to commence commercial marketing of its drug product once its application is made effective, withdraws its application, or amends the certification from a certification under subclause (IV) to a certification under subclause (III) of such paragraph, either voluntarily or as a result of a settlement or defeat in patent litigation.''. (b) Effective Date.--The amendments made by this section shall only be effective with respect to an application filed under section 505(j) of the Federal Food, Drug, Cosmetic Act for a listed drug for which no certification pursuant to 505(j)(2)(A)(vii)(IV) of such Act was made prior to the date of enactment of this Act. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that measures should be taken to effectuate the purpose of the Drug Price Competition and Patent Term Restoration Act of 1984 (referred to in this section as the ``Hatch- Waxman Act'') to make generic drugs more available and accessible, and thereby reduce health care costs, including measures that require manufacturers of a drug for which an application is approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 255(c)) desiring to extend a patent of such drug to utilize the patent extension procedure provided under the Hatch-Waxman Act. SEC. 7. CONFORMING AMENDMENTS. (a) Applications.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b)(3), in subparagraphs (A) and (C), by striking ``paragraph (2)(A)(iv)'' and inserting ``paragraph (2)''; (2) in subsection (c)(3)-- (A) in subparagraph (A), by striking ``clause (i) or (ii) of subsection (b)(2)(A)'' and inserting ``subparagraph (A) or (B) of subsection (b)(2)''; (B) in subparagraph (B), by striking ``clause (iii) of subsection (b)(2)(A)'' and all that follows through the period and inserting ``subparagraph (C) of subsection (b)(2), the approval may be made effective on the date certified under subparagraph (C).''; (C) in subparagraph (C), by striking ``clause (iv) of subsection (b)(2)(A)'' and inserting ``subparagraph (D) of subsection (b)(2)''; and (D) in subparagraph (D)(ii), by striking ``clause (iv) of subsection (b)(2)(A)'' and inserting ``subparagraph (D) of subsection (b)(2)''; and (3) in subsection (j), in paragraph (2)(A), in the matter following clause (vii)(IV), by striking ``clauses (i) through (viii)'' and inserting ``clauses (i) through (vii)''. (b) Pediatric Studies of Drugs.--Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) is amended-- (1) in subsection (a)(2)-- (A) in clause (i) of subparagraph (A), by striking ``(b)(2)(A)(ii)'' and inserting ``(b)(2)''; (B) in clause (ii) of subparagraph (A), by striking ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and (C) in subparagraph (B), by striking ``subsection (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''; and (2) in subsection (c)(2)-- (A) in clause (i) of subparagraph (A), by striking ``(b)(2)(A)(ii)'' and inserting ``(b)(2)''; (B) in clause (ii) of subparagraph (A), by striking ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and (C) in subparagraph (B), by striking ``subsection (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''. (c) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(kk) For purposes of the references to court decisions in clauses (i) and (iii) of section 505(c)(3)(C) and clauses (iii)(I), (iii)(III) of section 505(j)(5)(B), the term `the court' means the court that enters final judgment from which no appeal (not including a writ of certiorari) can or has been taken.''.

States that the filing of a citizen petition review shall not cause the Secretary of Health and Human Services to delay review and approval of an abbreviated new drug application unless the petition demonstrates through substantial scientific proof that approval would pose a threat to public health and safety. Allows a drug to be considered a bioequivalent to a listed drug if the effects of such drug and the listed drug do not show a significant difference based on certain tests or studies. Provides for an accelerated date of approval of a generic drug application. Expresses the sense of Congress that measures should be taken to effectuate the purpose of the Drug Price Competition and Patent Term Restoration Act of 1984 to make generic drugs more available and accessible, thereby reducing health care costs.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Mountain Front Heritage Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Conservation management area.--The term ``Conservation Management Area'' means the Rocky Mountain Front Conservation Management Area established by section 3(a)(1). (2) Decommission.--The term ``decommission'' means-- (A) to reestablish vegetation on a road; and (B) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism. (3) District.--The term ``district'' means the Rocky Mountain Ranger District of the Lewis and Clark National Forest. (4) Map.--The term ``map'' means the map entitled ``Rocky Mountain Front Heritage Act'' and dated October 27, 2011. (5) Nonmotorized recreation trail.--The term ``nonmotorized recreation trail'' means a trail designed for hiking, bicycling, or equestrian use. (6) Secretary.--The term ``Secretary'' means-- (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (7) State.--The term ``State'' means the State of Montana. SEC. 3. ROCKY MOUNTAIN FRONT CONSERVATION MANAGEMENT AREA. (a) Establishment.-- (1) In general.--There is established the Rocky Mountain Front Conservation Management Area in the State. (2) Area included.--The Conservation Management Area shall consist of approximately 195,073 acres of Federal land managed by the Forest Service and 13,087 acres of Federal land managed by the Bureau of Land Management in the State, as generally depicted on the map. (3) Incorporation of acquired land and interests.--Any land or interest in land that is located in the Conservation Management Area and is acquired by the United States from a willing seller shall-- (A) become part of the Conservation Management Area; and (B) be managed in accordance with-- (i) in the case of land managed by the Forest Service-- (I) the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (16 U.S.C. 552 et seq.); and (II) any laws (including regulations) applicable to the National Forest System; (ii) in the case of land managed, by the Bureau of Land Management, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (iii) this section; and (iv) any other applicable law (including regulations). (b) Purposes.--The purposes of the Conservation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Conservation Management Area. (c) Management.-- (1) In general.--The Secretary shall manage the Conservation Management Area-- (A) in a manner that conserves, protects, and enhances the resources of the Conservation Management Area; and (B) in accordance with-- (i) the laws (including regulations) and rules applicable to the National Forest System for land managed by the Forest Service; (ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for land managed by the Bureau of Land Management; (iii) this section; and (iv) any other applicable law (including regulations). (2) Uses.-- (A) In general.--The Secretary shall only allow such uses of the Conservation Management Area that the Secretary determines would further the purposes described in subsection (b). (B) Motorized vehicles.-- (i) In general.--The use of motorized vehicles in the Conservation Management Area shall be permitted only on existing roads, trails, and areas designated for use by such vehicles as of the date of enactment of this Act. (ii) New or temporary roads.--Except as provided in clause (iii), no new or temporary roads shall be constructed within the Conservation Management Area. (iii) Exceptions.--Nothing in clause (i) or (ii) prevents the Secretary from-- (I) rerouting or closing an existing road or trail to protect natural resources from degradation, as determined to be appropriate by the Secretary; (II) constructing a temporary road on which motorized vehicles are permitted as part of a vegetation management project in any portion of the Conservation Management Area located not more than \1/4\ mile from the Teton Road, South Teton Road, Sun River Road, Beaver Willow Road, or Benchmark Road; (III) authorizing the use of motorized vehicles for administrative purposes (including noxious weed eradication or grazing management); or (IV) responding to an emergency. (iv) Decommissioning of temporary roads.-- The Secretary shall decommission any temporary road constructed under clause (iii)(II) not later than 3 years after the date on which the applicable vegetation management project is completed. (C) Grazing.--The Secretary shall permit grazing within the Conservation Management Area, if established on the date of enactment of this Act-- (i) subject to-- (I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (II) all applicable laws; and (ii) in a manner consistent with-- (I) the purposes described in subsection (b); and (II) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (D) Vegetation management.--Nothing in this Act prevents the Secretary from conducting vegetation management projects within the Conservation Management Area-- (i) subject to-- (I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (II) all applicable laws (including regulations); and (ii) in a manner consistent with the purposes described in subsection (b). SEC. 4. DESIGNATION OF WILDERNESS ADDITIONS. (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the State is designated as wilderness and as additions to existing components of the National Wilderness Preservation System: (1) Bob marshall wilderness.--Certain land in the Lewis and Clark National Forest, comprising approximately 50,401 acres, as generally depicted on the map, which shall be added to and administered as part of the Bob Marshall Wilderness designated under section 3 of the Wilderness Act (16 U.S.C. 1132). (2) Scapegoat wilderness.--Certain land in the Lewis and Clark National Forest, comprising approximately 16,711 acres, as generally depicted on the map, which shall be added to and administered as part of the Scapegoat Wilderness designated by the first section of Public Law 92-395 (16 U.S.C. 1132 note). (b) Management of Wilderness Additions.--Subject to valid existing rights, the land designated as wilderness additions by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be deemed to be a reference to the date of the enactment of this Act. (c) Livestock.--The grazing of livestock and the maintenance of existing facilities relating to grazing in the wilderness additions designated by this section, if established before the date of enactment of this Act, shall be permitted to continue in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (d) Wildfire, Insect, and Disease Management.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness additions designated by this section, the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or local agency. (e) Adjacent Management.-- (1) In general.--The designation of a wilderness addition by this section shall not create any protective perimeter or buffer zone around the wilderness area. (2) Nonwilderness activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness addition designated by this section shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. SEC. 5. MAPS AND LEGAL DESCRIPTIONS. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Conservation Management Area and the wilderness additions designated by sections 3 and 4, respectively. (b) Force of Law.--The maps and legal descriptions prepared under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal descriptions. (c) Public Availability.--The maps and legal descriptions prepared under subsection (a) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. SEC. 6. NOXIOUS WEED MANAGEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall prepare a comprehensive management strategy for preventing, controlling, and eradicating noxious weeds in the district. (b) Contents.--The management strategy shall-- (1) include recommendations to protect wildlife, forage, and other natural resources in the district from noxious weeds; (2) identify opportunities to coordinate noxious weed prevention, control, and eradication efforts in the district with State and local agencies, Indian tribes, nonprofit organizations, and others; (3) identify existing resources for preventing, controlling, and eradicating noxious weeds in the district; (4) identify additional resources that are appropriate to effectively prevent, control, or eradicate noxious weeds in the district; and (5) identify opportunities to coordinate with county weed districts in Glacier, Pondera, Teton, and Lewis and Clark Counties in the State to apply for grants and enter into agreements for noxious weed control and eradication projects under the Noxious Weed Control and Eradication Act of 2004 (7 U.S.C. 7781 et seq.). (c) Consultation.--In developing the management strategy required under subsection (a), the Secretary shall consult with-- (1) the Secretary of the Interior; (2) appropriate State, tribal, and local governmental entities; and (3) members of the public. SEC. 7. NONMOTORIZED RECREATION OPPORTUNITIES. Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, in consultation with interested parties, shall conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the district. SEC. 8. MANAGEMENT OF FISH AND WILDLIFE; HUNTING AND FISHING. Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife management (including the regulation of hunting and fishing) on public land in the State. SEC. 9. OVERFLIGHTS. (a) Jurisdiction of the Federal Aviation Administration.--Nothing in this Act affects the jurisdiction of the Federal Aviation Administration with respect to the airspace above the wilderness or the Conservation Management Area. (b) Benchmark Airstrip.--Nothing in this Act affects the continued use, maintenance, and repair of the Benchmark (3U7) airstrip. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

. Rocky Mountain Front Heritage Act of 2013 - (Sec. 3) Establishes the Rocky Mountain Front Conservation Management Area in Montana consisting of approximately 195,073 acres of federal land managed by Forest Service and 13,087 acres of federal land managed by the Bureau of Land Management (BLM). Permits the Secretary of Agriculture with respect to Forest Service land or the Secretary of the Interior with respect to BLM land (the Secretary concerned) to only allow uses of the Conservation Management Area that would conserve, protect, and enhance the benefit and enjoyment of present and future generations of the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Area. Sets forth provisions for the management of the Conservation Management Area regarding motorized vehicles and vegetation management projects. Allows the Secretary concerned to permit grazing within the Conservation Management Area if it was established before enactment of this Act. (Sec. 4) Designates specified land within the Lewis and Clark National Forest in Montana as wilderness. Adds the land to the National Wilderness Preservation System. Permits livestock grazing and the maintenance of existing grazing facilities to continue if it was established before enactment of this Act. Authorizes the Secretary concerned to take necessary measures to control fires, insects, and diseases. (Sec. 6) Directs the Department of Agriculture (USDA) to prepare a comprehensive management strategy for the prevention, control, and eradication of noxious weeds in the Rocky Mountain Ranger District of the Lewis and Clark National Forest. (Sec. 7) Authorizes USDA to conduct a study for improving nonmotorized recreation trail opportunities, including mountain bicycling, on land within the District that is not designated as wilderness. (Sec. 8) States that nothing in this Act affects Montana's jurisdiction over fish and wildlife management, including the regulation of hunting and fishing. (Sec. 9) States that nothing in this Act affects the jurisdiction of the Federal Aviation Administration (FAA) respecting the airspace above the wilderness or the Conservation Management Area nor the continued use, maintenance, and repair of the Benchmark (3U7) airstrip.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Voluntary Medicare Prescription Drug Plan Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Medicare payment for outpatient prescription drugs. ``Part D--Voluntary Medicare Prescription Drug Coverage ``Sec. 1860A. Medicare Prescription Drug Plan. ``Sec. 1860B. Rx Option. ``Sec. 1860C. Combined deductible. ``Sec. 1860D. Partnerships with private entities to offer the Rx Option.''. Sec. 3. Conforming changes to Medigap. SEC. 2. MEDICARE PAYMENT FOR OUTPATIENT PRESCRIPTION DRUGS. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by redesignating part D as part E and by inserting after part C the following new part: ``Part D--Voluntary Medicare Prescription Drug Coverage ``medicare prescription drug plan ``Sec. 1860A. (a) In General.--Each Medicare Prescription Drug Plan eligible individual may elect coverage (beginning on January 1, 2001) under this part by enrolling in the Rx Option in order to receive coverage for outpatient prescription drugs as described in section 1860B and to pay a combined deductible under section 1860C. ``(b) Medicare Prescription Drug Plan Eligible Individual Defined.--In this part, the term `Medicare Prescription Drug Plan eligible individual' means an individual who is-- ``(1) eligible for benefits under part A and enrolled under part B; ``(2) not enrolled in a Medicare+Choice plan under part C; and ``(3) not eligible for medical assistance for outpatient prescription drugs under title XIX. ``rx option ``Sec. 1860B. (a) Enrollment in the Rx Option.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall establish a process for the enrollment of Medicare Prescription Drug Plan eligible individuals under the Rx Option that is based upon the process for enrollment in Medicare+Choice plans under part C of this title. ``(2) Exceptions.-- ``(A) 2-year obligation.--Except as provided in subparagraph (B), a Medicare Prescription Drug Plan eligible individual who elects the Rx Option shall be subject to the provisions of this part for a minimum period of 2 years, beginning with the first full month during which the individual is eligible for benefits under the Rx Option. ``(B) Free look period.--An individual who elects the Rx Option may disenroll from such Option no later than the last day of the first full month following the month in which such election was made. ``(3) Enrollment in medicare supplemental policies.--An individual enrolled in the Rx Option may be enrolled only in a medicare supplemental policy subject to the special rules described in section 1882(v). ``(b) Outpatient Prescription Drug Benefits.-- ``(1) In general.--Beginning in 2001, under the Rx Option, after the enrollee has met the combined deductible under section 1860C, the Secretary shall provide a benefit for outpatient prescription drugs through private entities under section 1860D equal to 50 percent of the lesser of-- ``(A) the cost of outpatient prescription drugs for such year; or ``(B) $5000. ``(2) Cost-of-living adjustment.-- ``(A) In general.--In the case of any calendar year beginning after 2001, the dollar amount in paragraph (1)(B) shall be increased by an amount equal to-- ``(i) such dollar amount; multiplied by ``(ii) the cost-of-living adjustment. ``(B) Cost-of-living adjustment.--For purposes of subparagraph (A), the cost-of-living adjustment for any calendar year is the percentage (if any) by which-- ``(i) the prescription drug component of the Consumer Price Index for all urban consumers (all items city average) for the 12- month period ending with August of the preceding year; exceeds ``(ii) such prescription drug component of the Consumer Price Index for the 12-month period ending with August 2000. ``(C) Rounding.--If any increase determined under subparagraph (B) is not a multiple of $1, such increase shall be rounded to the nearest multiple of $1. ``combined deductible ``Sec. 1860C. (a) In General.--Notwithstanding any provision of this title and beginning in 2001, a beneficiary electing the Rx Option shall be subject to a combined deductible that shall apply in lieu of the deductibles applied under sections 1813(a)(1) and 1833(b). ``(b) Amount.-- ``(1) In general.--For purposes of subsection (a), the combined deductible is equal to $675. ``(2) Cost-of-living adjustment.--In the case of any calendar year after 2001, the dollar amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount; multiplied by ``(B) the increase in the medical component of the CPI as determined by the Bureau of Labor Statistics. ``(3) Rounding.--If any increase determined under paragraph (2) is not a multiple of $1, such increase shall be rounded to the nearest multiple of $1. ``(c) Application.--In applying the combined deductible described in subsection (a) such deductible shall apply to each expense incurred on a calendar year basis for each item or service covered under this title, and each expense paid on a calendar year basis for such an item or service shall be credited against such deductible. ``partnerships with private entities to offer the rx option ``Sec. 1860D. (a) Partnerships.-- ``(1) In general.--The Secretary shall contract with private entities for the provision of outpatient prescription drug benefits under the Rx Option. ``(2) Private entities.--The private entities described in paragraph (1) shall include insurers (including issuers of medicare supplemental policies under section 1882), pharmaceutical benefit managers, chain pharmacies, groups of independent pharmacies, and other private entities that the Secretary determines are appropriate. ``(3) Areas.--The Secretary may award a contract to a private entity under this section on a local, regional, or national basis. ``(4) Drug benefits only through private entities.-- Outpatient prescription drug benefits under the Rx Option shall be offered only through a contract with a private entity under this section. ``(b) Secretary Required To Contract With Any Willing Qualified Private Entity.--The Secretary may not exclude a private entity from receiving a contract to provide outpatient prescription drug benefits under the Rx Option if the private entity meets all of the requirements established by the Secretary for providing such benefits.''. SEC. 3. CONFORMING CHANGES TO MEDIGAP. Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is amended by adding at the end the following new subsection: ``(v) Special Rules for Medicare Prescription Drug Plan Enrollees.-- ``(1) Revision of benefit packages.-- ``(A) In general.--Notwithstanding subsection (p), the benefit packages established under such subsection (including the 2 plans described in paragraph (11)(A) of such subsection) shall be revised (in the manner described in subsection (p)(1)(E)) so that each of the benefit packages classified as `A' through `J' remain exactly the same, except that each benefit package shall include special rules that apply only to individuals enrolled in the Rx Option under section 1860B as follows: ``(i) Combined deductible.--Each benefit package shall require the beneficiary of the policy to pay annual out-of-pocket expenses (other than premiums) in an amount equal to the amount of the combined deductible under section 1860C(b) before the policy begins payment of any benefits. ``(ii) Prescription drug coverage.--In the case of a benefit package classified as `H', `I', and `J', such policy may not provide coverage for outpatient prescription drugs that duplicates the coverage for outpatient prescription drugs provided under the Rx Option under section 1860B(b). ``(B) Adjusted premium.--In the case of an individual enrolled in the Rx Option, the premium for the policy in which the individual is enrolled may be appropriately adjusted to reflect the special rules applicable to such individual under subparagraph (A). ``(2) Renewability and continuity of coverage.--The revisions of benefit packages under paragraph (1) shall not affect-- ``(A) the renewal of medicare supplemental policies under this section that are in existence on the effective date of such revisions; or ``(B) the continuity of coverage under such policies.''.

Sets the outpatient prescription drug benefit at 50 percent of the lesser of: (1) the cost of such drugs for a year; or (2) $5000. Establishes special rules with respect to Medicare supplemental health insurance (Medigap) for individuals enrolled in the Rx Option.

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SECTION 1. PILOT PROGRAM FOR PARTNERSHIP AGREEMENTS TO CONSTRUCT NEW FACILITIES FOR THE DEPARTMENT OF VETERANS AFFAIRS. (a) Program Authorized.-- (1) In general.--The Secretary of Veterans Affairs may carry out a program under which the Secretary may enter into not more than five partnership agreements with entities described in paragraph (2) to conduct one or more-- (A) super construction projects (as defined in section 8103(e)(3) of title 38, United States Code); (B) major medical facility projects (as defined in section 8104(a)(3) of title 38, United States Code); or (C) major construction projects to construct new cemeteries or to develop additional gravesites or columbarium niches at existing cemeteries. (2) Entities described.--Entities described in this paragraph are the following: (A) A State or local authority. (B) An organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (C) A limited liability corporation. (D) A private entity. (E) A donor or donor group. (F) Any other non-Federal Government entity. (b) Application of Certain Laws.--The authority under this section may be carried out notwithstanding any other provision of law (including section 8103(e) of title 38, United States Code), except for-- (1) Federal laws relating to environmental and historic preservation; and (2) subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (c) Selection of Projects.-- (1) In general.--Except as provided in paragraph (2), the projects that the Secretary may select for the program are projects for which-- (A)(i) Congress has appropriated partial funding for the project; or (ii) The Department of Veterans Affairs has identified a need for the project through its long- range capital planning process by listing the project on the Major Construction Strategic Capital Investment Planning priority list included in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code; and (B) an entity described in subsection (a)(2) has entered into or is willing to enter into a formal agreement with the Secretary to independently finance or donate amounts for the project, in an amount acceptable and at no additional cost to the Federal Government. (2) Selected construction project.-- (A) In general.--One of the five partnership agreements that the Secretary is authorized to enter into under subsection (a) is a partnership agreement to conduct a project to design, finance, and construct a new ambulatory care center in Omaha, Nebraska. (B) Space and parking.--The project described in subparagraph (A) shall include space and parking as determined necessary by the Secretary. (C) Contribution of funds.--The Secretary may contribute funds for the project described in subparagraph (A) in an amount not to exceed $56,000,000, and in no event shall the contribution or liability of the Secretary exceed such amount except to the extent that additional funds are appropriated for the project. (d) Requirements of Entities.-- (1) Agreements.--Each partnership agreement entered into under subsection (a) with an entity described in paragraph (2) of that subsection for the conduct of a project under this section shall provide for the following: (A) The entity shall conduct any necessary environmental and historic preservation due diligence, comply with local zoning requirements (except for studies and consultations required of the Department under Federal law), and obtain any permits required before beginning construction in connection with the project. (B) The entity shall use construction standards required of the Department when designing and building the project, except to the extent the Secretary determines otherwise. (C) The entity shall establish a Board of Directors described in paragraph (2) to oversee the conduct of the project (in this section referred to as the ``Board''). (2) Board of directors.-- (A) Composition.-- (i) In general.--The Board shall be comprised of not fewer than 5 and not more than 10 members as follows: (I) Not fewer than one member shall be a veteran who is not an employee of the Department. (II) Not fewer than one member shall be an employee of the Department and function as a nonvoting member of the Board. (ii) Chair.--The Board shall designate a Chair from among the members of the Board to oversee the activities of the Board. (iii) Conflicts.--All current or proposed members of the Board shall promptly disclose any actual or potential conflicts to the Secretary and must agree as a condition of their appointment to the Board to remove themselves from membership on the Board if the Chair and Secretary jointly agree that doing so is appropriate due to an actual or potential conflict. (B) Charter.--Not later than 180 days after inception, or such other timeframe as the Secretary may approve, the Board shall establish a written charter to describe the roles, responsibilities, policies, and procedures of operation of the Board to ensure successful project management, design, and construction, and completion of the designated project. (C) Duties.-- (i) In general.--The Board shall be responsible for overseeing the activities needed to finance, design, and construct the designated project for the Department. (ii) Updates.--The Board shall submit to the Secretary written updates regarding the status of the designated project at such time and in such manner as the Secretary shall specify. (D) Defense to department.--The Board shall defer to the Secretary on all matters that are inherent to the mission and operations of the Department, including conditional or final acceptance of the designated project. (E) Dissolution.--The Board may not dissolve until after the Secretary has provided final acceptance of the completion of the designated project to the Board, plus such additional time or contingencies as the Board and the Secretary may jointly approve. (e) Project Funds.-- (1) From department.-- (A) In general.--Except as provided in subsection (c)(2), and except to the extent that additional funds are appropriated for a project, the Secretary may provide funds to help finance, design, and construct the project in an amount not to exceed the total amount appropriated for the project at the time of the partnership agreement under subsection (a) between the Department and the entity described in subsection (a)(2) that is conducting the project. (B) Terms and conditions.--The Secretary shall provide funds pursuant to subparagraph (A) under such terms, conditions, and schedule as the Secretary determines appropriate. (2) From entity.--The entity described in subsection (a)(2) that is conducting the project shall be required to contribute all funds in addition to the funds provided under paragraph (1) that are needed to complete the project. (f) Application.--To be eligible to participate in the program under this section, entities described in subsection (a)(2) shall submit to the Secretary an application to address needs relating to facilities of the Department, including health care needs, identified in the Construction and Long-Range Capital Plan of the Department, at such time, in such manner, and containing such information as the Secretary may require, including the following: (1) The name, resume, and description of the experience of the project manager for each project that the entity is proposing to pursue with the Secretary under the program. (2) A description of the proposed monetary and non-monetary contributions of the entity for the project, and how future funding will be secured. (3) A description of the process the entity would use to select a third-party contractor or developer, as applicable, to perform the work necessary to complete the project. (4) A description of the Board and project management plan that the entity will use, to ensure concise and consistent communication between all parties involved in the project. (5) A description of the procedures that the entity will use to review, monitor, and process change orders when received, including how input and feedback by the Department will be incorporated, particularly for issues that would affect the time or cost of the project. (6) A detailed estimate of the costs to complete the project. (7) A description of the estimated timeline for completion of the project and milestones associated with the activities needed to finance, design, and construct the project. (8) An agreement to obtain an independent annual financial audit of all activities and costs relating to the project in accordance with generally accepted accounting principles. (9) Such other information as the Secretary may require. (g) Annual Report on Projects.-- (1) In general.--The Secretary shall include in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code, information regarding any projects conducted under this section during the year preceding the submittal of the budget. (2) Elements.--Each report submitted under paragraph (1) shall provide a detailed status of projects conducted under this section, including the percentage completion of the project. (h) Comptroller General Report.--The Comptroller General of the United States shall submit to Congress a biennial report on the partnership agreements entered into under the program under this section. (i) Rule of Construction.--Nothing in this section shall be construed as a limitation on the authority of the Secretary to enter into other agreements that are authorized by law and not inconsistent with this section.

This bill authorizes the Department of Veterans Affairs (VA) to carry out a program under which it may enter into up to five partnership arrangements with a state or local authority, a tax exempt non-profit corporation, a limited liability corporation, a private entity, a donor, or other non-federal entity to conduct: super construction projects (a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100 million); major medical facility projects (a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $10 million, excluding an acquisition by exchange); or major construction projects to construct a new cemeteries or to develop additional gravesites or columbarium niches at existing cemeteries. The VA may select projects for which: (1) Congress has appropriated partial funding or the VA has identified a need through its long-range capital planning process by listing it on the Major Construction Strategic Capital Investment Planning priority list included in the annual budget submitted to Congress by the President, and (2) a non-federal entity has entered into or is willing to enter into a formal agreement with the VA to independently finance or donate an acceptable amount of project funds at no additional cost to the federal government. One of the non-federal entity partnership agreements shall be a project to design, finance, and construct a new ambulatory care center in Omaha, Nebraska. Each partnership agreement shall require the partner entity to: conduct necessary environmental and historic preservation due diligence, comply with local zoning requirements, and obtain any permits required for construction; use construction standards required of the VA when designing and building the project, except to the extent the VA determines otherwise; and establish a Board of Directors to oversee the project. The VA shall include in the annual budget submitted to Congress by the President information regarding any projects conducted under this bill during the preceding year.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Water Integration Act of 2009''. SEC. 2. ENERGY WATER NEXUS STUDY. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Energy (referred to in this Act as the ``Secretary''), in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct an in-depth analysis of the impact of energy development and production on the water resources of the United States. (b) Scope of Study.-- (1) In general.--The study described in subsection (a) shall be comprised of each assessment described in paragraphs (2) through (4). (2) Transportation sector assessment.-- (A) In general.--The study shall include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of transportation fuels, or electricity, to evaluate the ratio that-- (i) the quantity of water withdrawn and consumed in the production of transportation fuels (measured in gallons), or electricity (measured in kilowatts); bears to (ii) the total distance (measured in miles) that may be traveled as a result of the consumption of transportation fuels, or electricity. (B) Scope of assessment.-- (i) In general.--The assessment shall include, as applicable-- (I) the exploration for, and extraction or growing of, energy feedstock; (II) the processing of energy feedstock into transportation fuel; (III) the generation, transportation, and storage of electricity for transportation; and (IV) the conduct of an analysis of the efficiency with which the transportation fuel is consumed. (ii) Fuels.--The assessment shall contain an analysis of transportation fuel sources, including-- (I) domestically produced crude oil (including products derived from domestically produced crude oil); (II) imported crude oil (including products derived from imported crude oil); (III) domestically produced natural gas (including liquid fuels derived from natural gas); (IV) imported natural gas (including liquid fuels derived from natural gas); (V) oil shale; (VI) tar sands; (VII) domestically produced corn- based ethanol; (VIII) imported corn-based ethanol; (IX) advanced biofuels (including cellulosic- and algae-based biofuels); (X) coal to liquids (including aviation fuel, diesel, and gasoline products); (XI) electricity consumed in-- (aa) fully electric drive vehicles; and (bb) plug-in hybrid vehicles; (XII) hydrogen; and (XIII) any reasonably foreseeable combination of any transportation fuel source described in subclauses (I) through (XII). (3) Electricity sector assessment.-- (A) In general.--The study shall include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of electricity to evaluate the ratio that-- (i) the quantity of water used and consumed in the production of electricity (measured in gallons); bears to (ii) the quantity of electricity that is produced (measured in kilowatt-hours). (B) Scope of assessment.--The assessment shall include, as applicable-- (i) the exploration for, or extraction or growing of, energy feedstock; (ii) the processing of energy feedstock for electricity production; and (iii) the production of electricity. (C) Generation types.--The assessment shall contain an evaluation and analysis of electricity generation facilities that are constructed in accordance with different plant designs (including different cooling technologies such as water, air, and hybrid systems, and technologies designed to minimize carbon dioxide releases) based on the fuel used by the facility, including-- (i) coal; (ii) natural gas; (iii) oil; (iv) nuclear energy; (v) solar energy; (vi) wind energy; (vii) geothermal energy; (viii) biomass; (ix) the beneficial use of waste heat; and (x) any reasonably foreseeable combination of any fuel described in clauses (i) through (ix). (4) Assessment of additional impacts.--In addition to the impacts associated with the direct use and consumption of water resources in the transportation and electricity sectors described in paragraphs (2) and (3), the study shall contain an identification and analysis of any unique water impact associated with a specific fuel source, including an impact resulting from-- (A) any extraction or mining practice; (B) the transportation of feedstocks from the point of extraction to the point of processing; (C) the transportation of fuel and power from the point of processing to the point of consumption; and (D) the location of a specific fuel source that is limited to 1 or more specific geographical regions. (c) Report to Secretary.--Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Secretary a report that contains a summary of the results of the study conducted under this section. (d) Availability of Results of Study.--On the date on which the National Academy of Sciences completes the study under this section, the National Academy of Sciences shall make available to the public the results of the study. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. SEC. 3. POWER PLANT WATER AND ENERGY EFFICIENCY. (a) In General.--To protect water supplies and promote the efficient use of water in the electricity production sector, the Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall conduct a study to identify the best available technologies and related strategies to maximize water and energy efficiency in the production of electricity by each type of generation. (b) Generation Types.--The study shall include an evaluation of different types of generation facilities, including-- (1) coal facilities, under which the evaluation shall account for-- (A) different types of coal and associated generating technologies; and (B) the use of technologies designed to minimize and sequester carbon dioxide releases; (2) oil and natural gas facilities, under which the evaluation shall account for the use of technologies designed to minimize and sequester carbon dioxide releases; (3) hydropower, including turbine upgrades, incremental hydropower, in-stream hydropower, and pump-storage projects; (4) thermal solar facilities; and (5) nuclear facilities. (c) Report to Congress.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the results of the study conducted under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section, to remain available until expended. SEC. 4. WATER CONSERVATION AND ENERGY SAVINGS STUDY. (a) Definitions.--In this section: (1) Major reclamation project.--The term ``major Reclamation project'' means a multipurpose project authorized by the Federal Government and carried out by the Bureau of Reclamation. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (b) Study.-- (1) In general.--In accordance with paragraph (2), to promote the efficient use of energy in water distribution systems, the Secretary shall conduct a study to evaluate the quantities of energy used in water storage and delivery operations in major Reclamation projects. (2) Elements.--In conducting the study, the Secretary shall-- (A) with respect to each major Reclamation project-- (i) assess and estimate the annual energy consumption associated with the major Reclamation project; and (ii) identify-- (I) each major Reclamation project that consumes the greatest quantity of energy; and (II) the aspect of the operation of each major Reclamation project described in subclause (I) that is the most energy intensive (including water storage and releases, water delivery, and administrative operations); and (B) identify opportunities to significantly reduce current energy consumption and costs with respect to each major Reclamation project described in subparagraph (A), including, as applicable, through-- (i) reduced groundwater pumping; (ii) improved reservoir operations; (iii) infrastructure rehabilitation; (iv) water reuse; and (v) the integration of renewable energy generation with project operations. (c) Report to Congress.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the results of the study conducted under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section, to remain available until expended. SEC. 5. BRACKISH GROUNDWATER NATIONAL DESALINATION RESEARCH FACILITY. (a) Definitions.--In this section: (1) Facility.--The term ``facility'' means the Brackish Groundwater National Desalination Research Facility, located in Otero County, New Mexico. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Duty of Secretary.--The Secretary shall operate, manage, and maintain the facility to carry out research, development, and demonstration activities to develop technologies and methods that promote brackish groundwater desalination as a viable method to increase water supply in a cost-effective manner. (c) Objectives; Activities.-- (1) Objectives.--The Secretary shall operate and manage the facility as a state-of-the-art desalination research center-- (A) to develop new water and energy technologies with widespread applicability; and (B) to create new supplies of usable water for municipal, agricultural, industrial, or environmental purposes. (2) Activities.--In operating, managing, and maintaining the facility under subsection (b), the Secretary shall carry out-- (A) as a priority, the development of renewable energy technologies for integration with desalination technologies-- (i) to reduce the capital and operational costs of desalination; (ii) to minimize the environmental impacts of desalination; and (iii) to increase public acceptance of desalination as a viable water supply process; (B) research regarding various desalination processes, including improvements in reverse and forward osmosis technologies; (C) the development of innovative methods and technologies to reduce the volume and cost of desalination concentrated wastes in an environmentally sound manner; (D) an outreach program to create partnerships with States, academic institutions, private entities, and other appropriate organizations to conduct research, development, and demonstration activities, including the establishment of rental and other charges to provide revenue to help offset the costs of operating and maintaining the facility; and (E) an outreach program to educate the public on-- (i) desalination and renewable energy technologies; and (ii) the benefits of using water in an efficient manner. (d) Authority of Secretary.--The Secretary may enter into contracts or other agreements with, or make grants to, appropriate entities to carry out this section, including an agreement with an academic institution to manage research activities at the facility. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended. SEC. 6. ENHANCED INFORMATION ON WATER-RELATED ENERGY CONSUMPTION. Section 205 of the Department of Energy Organization Act (42 U.S.C. 7135) is amended by adding at the end the following: ``(n) Water-Related Energy Consumption.-- ``(1) In general.--Not less than once during each 3-year period, to aid in the understanding and reduction of the quantity of energy consumed in association with the use of water, the Administrator shall conduct an assessment under which the Administrator shall collect information on energy consumption in various sectors of the economy that are associated with the acquisition, treatment, or delivery of water. ``(2) Required sectors.--An assessment described in paragraph (1) shall contain an analysis of water-related energy consumption for all relevant sectors of the economy, including water used for-- ``(A) agricultural purposes; ``(B) municipal purposes; ``(C) industrial purposes; and ``(D) domestic purposes. ``(3) Effect.--Nothing in this subsection affects the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a).''. SEC. 7. ENERGY-WATER RESEARCH AND DEVELOPMENT ROADMAP. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary shall develop a document to be known as the ``Energy-Water Research and Development Roadmap'' to define the future research, development, demonstration, and commercialization efforts that are required to address emerging water-related challenges to future, cost-effective, reliable, and sustainable energy generation and production. (b) Report.--Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the document described in subsection (a), including recommendations for any future action with respect to the document.

Energy and Water Integration Act of 2009 - Directs the Secretary of Energy (the Secretary) to enter into an arrangement with the National Academy of Sciences to conduct an in-depth analysis of the impact of energy development and production on U.S. water resources. Requires the study to include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of transportation fuels or electricity. Requires the Secretary to conduct a study to identify the best available technologies and related strategies to maximize water and energy efficiency in the production of electricity by each type of generation (coal, oil and natural gas, hydropower, thermal solar, and nuclear). Directs the Secretary of the Interior: (1) acting through the Commissioner of Reclamation, to conduct a study to evaluate the quantities of energy used in water storage and delivery operations in major reclamation projects; and (2) to operate, manage, and maintain the Brackish Groundwater National Desalination Research Facility in Otero County, New Mexico, to carry out research, development, and demonstration activities to develop technologies and methods that promote brackish groundwater desalination as a viable method to increase water supply in a cost-effective manner. Amends the Department of Energy Organization Act to require the Administrator of the Energy Information Administration to conduct an assessment of energy consumption in various sectors of the economy that are associated with the acquisition, treatment, or delivery of water. Requires the Secretary to develop an Energy-Water Research and Development Roadmap.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Shipping Container Security Act''. SEC. 2. NATIONAL TRANSPORTATION SECURITY STRATEGY. In carrying out section 114(f) of title 49, United States Code, the Under Secretary of Homeland Security for Border and Transportation Security shall take into account the National Maritime Transportation Security Plan prepared under section 70103 of title 46, United States Code, by the Secretary of the department in which the Coast Guard is operating when the plan is prepared in order to ensure that the strategy for dealing with threats to transportation security developed under section 114(f)(3) of title 49, United States Code, incorporates relevant aspects of the National Maritime Transportation Security Plan and addresses all modes of commercial transportation to, from, and within the United States. SEC. 3. COMPREHENSIVE STRATEGIC PLAN FOR INTERMODAL SHIPPING CONTAINER SECURITY. (a) Strategic Plan.-- (1) In general.--Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a strategic plan for integrating security for all modes of transportation by which intermodal shipping containers arrive, depart, or move in interstate commerce in the United States that-- (A) takes into account the security-related authorities and missions of all Federal, State, and local law enforcement agencies that relate to the movement of intermodal shipping containers via air, rail, maritime, or highway transportation in the United States; and (B) establishes as a goal the creation of a comprehensive, integrated strategy for intermodal shipping container security that encompasses the authorities and missions of all those agencies and sets forth specific objectives, mechanisms, and a schedule for achieving that goal. (2) Updates.--The Secretary shall revise the plan from time to time. (b) Identification of Problem Areas.--In developing the strategic plan required by subsection (a), the Secretary shall consult with all Federal, State, and local government agencies responsible for security matters that affect or relate to the movement of intermodal shipping containers via air, rail, maritime, or highway transportation in the United States in order to-- (1) identify changes, including legislative, regulatory, jurisdictional, and organizational changes, necessary to improve coordination among those agencies; (2) reduce overlapping capabilities and responsibilities; and (3) streamline efforts to improve the security of such intermodal shipping containers. (c) Establishment of Steering Group.--The Secretary shall establish, organize, and provide support for an advisory committee, to be known as the Senior Steering Group, of senior representatives of the agencies described in subsection (c). The Group shall meet from time to time, at the call of the Secretary or upon its own motion, for the purpose of developing solutions to jurisdictional and other conflicts among the represented agencies with respect to the security of intermodal shipping containers, improving coordination and information- sharing among the represented agencies, and addressing such other, related matters, as the Secretary may request. (d) Annual Report.--The Secretary, after consulting the Senior Steering Group, shall submit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure describing the activities of the Senior Steering Group and the Secretary under this section, describing the progress made during the year toward achieving the objectives of the plan, and including any recommendations, including legislative recommendations, if appropriate for further improvements in dealing with security-issues related to intermodal shipping containers and related transportation security issues. (e) Biennial Expert Critique.-- (1) Expert panel.--A panel of experts shall be convened once every 2 years by the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure to review plans submitted by the Secretary under subsection (a). (2) Membership.--The panel shall consist of-- (A) 4 individuals selected by the chairman and ranking member of the Senate Committee on Commerce, Science, and Transportation and by the chairman and ranking member of House of Representatives Committee on Transportation and Infrastructure, respectively; and (B) 1 individual selected by the 4 individuals selected under subparagraph (A). (3) Qualifications.--Individuals selected under paragraph (2) shall be chosen from among individuals with professional expertise and experience in security-related issues involving shipping or transportation and without regard to political affiliation. (4) Compensation and expenses.--An individual serving as a member of the panel shall not receive any compensation or other benefits from the Federal Government for serving on the panel or be considered a Federal employee as a result of such service. Panel members shall be reimbursed by the Committees for expenses, including travel and lodging, they incur while actively engaged in carrying out the functions of the panel. (5) Function.--The panel shall review plans submitted by the Secretary under subsection (a), evaluate the strategy set forth in the plan, and make such recommendations to the Secretary for modifying or otherwise improving the strategy as may be appropriate. SEC. 4. SHIPPING CONTAINER INTEGRITY INITIATIVE. (a) In General.--Chapter 701 of title 46, United States Code, is amended-- (1) by redesignating section 70117 as section 70118; and (2) by inserting after section 70116 the following: ``Sec. 70117. Enhanced container-related security measures. ``(a) Tracking Intermodal Container Shipments in the United States.--The Secretary, in cooperation with the Under Secretary of Border and Transportation Security, shall develop a system to increase the number of intermodal shipping containers physically inspected (including noninstrusive inspection by scanning technology), monitored, and tracked within the United States. ``(b) Smart Box Technology.--Under regulations to be prescribed by the Secretary, beginning with calendar year 2007 no less than 50 percent of all ocean-borne shipping containers entering the United States during any calendar year shall incorporate `Smart Box' or equivalent technology developed, approved, or certified by the Under Secretary of Homeland Security for Border and Transportation Security. ``(c) Development of International Standard for Smart Containers.-- The Secretary shall-- ``(1) develop, and seek international acceptance of, a standard for `smart' maritime shipping containers that incorporate technology for tracking the location and assessing the integrity of those containers as they move through the intermodal transportation system; and ``(2) implement an integrated tracking and technology system for such containers. ``(d) Report.--Within 1 year after the date of enactment of the Intermodal Shipping Container Security Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report that contains-- ``(1) a cost analysis for implementing this section; and ``(2) a strategy for implementing the system described in subsection (c)(3).''. (b) Conforming Amendment.--The chapter analysis for chapter 701 of title 46, United States Code, is amended by striking the item relating to section 70117 and inserting the following: ``70117. Enhanced container-related security measures. ``70118. Civil penalties.''. SEC. 5. ADDITIONAL RECOMMENDATIONS. Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report that contains the following: (1) Recommendations about what analysis must be performed and the cost to develop and field a cargo container tracking and monitoring system within the United States which tracks all aviation, rail, maritime, and highway cargo containers equipped with smart container technology. (2) Recommendations on how the Department of Homeland Security could help support the deployment of such a system. (3) Recommendations as to how current efforts by the Department of Homeland Security and other Federal agencies could be incorporated into the physical screening or inspection of aviation, rail, maritime, and highway cargo containers within the United States. (4) Recommendations about operating systems and standards for those operating systems, to support the tracking of aviation, rail, maritime, and highway cargo containers within the United States that would include the location of regional, State, and local operations centers. (5) A description of what contingency actions, measures, and mechanisms should be incorporated in the deployment of a nationwide aviation, rail, maritime, and highway cargo containers tracking and monitoring system which would allow the United States maximum flexibility in responding quickly and appropriately to increased terrorist threat levels at the local, State, or regional level. (6) A description of what contingency actions, measures, and mechanisms must be incorporated in the deployment of such a system which would allow for the quick reconstitution of the system in the event of a catastrophic terrorist attack which affected part of the system. (7) Recommendations on how to leverage existing information and operating systems within State or Federal agencies to assist in the fielding of the system. (8) Recommendations on co-locating local, State, and Federal agency personnel to streamline personnel requirements, minimize costs, and avoid redundancy. (9) An initial assessment of the availability of private sector resources which could be utilized, and incentive systems developed, to support the fielding of the system, and the maintenance and improvement as technology or terrorist threat dictate. (10) Recommendations on how this system that is focused on the continental United States would be integrated into any existing or planned system, or process, which is designed to monitor the movement of cargo containers outside the continental United States. SEC. 6. IMPROVEMENTS TO CONTAINER TARGETING SYSTEMS. (a) In General.--Within 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure that provides a preliminary plan for strengthening the Bureau of Customs and Border Protection's container targeting system. The plan shall identify the cost and feasibility of requiring additional non-manifest documentation for each container, including purchase orders, shipper's letters of instruction, commercial invoices, letters of credit, or certificates of origin. (b) Reduction of Manifest Revision Window.--Within 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations under which the time period for revisions to a container cargo manifest submitted to the Bureau of Customs and Border Protection shall be reduced from 60 days to 45 days after arrival at a United States port. (c) Supply Chain Information.--Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a system to share threat and vulnerability information with all of the industries in the supply chain that will allow ports, carriers, and shippers to report on security lapses in the supply chain and have access to unclassified maritime threat and security information such as piracy incidents. SEC. 7. INCREASE IN NUMBER OF CUSTOMS INSPECTORS ASSIGNED OVERSEAS. (a) In General.--The Secretary of Homeland Security shall substantially increase the number of United States Customs Service inspectors assigned to duty outside the United States under the Container Security Initiative of the United States Customs Service with responsibility for inspecting intermodal shipping containers being shipped to the United States. (b) Staffing Criteria.--In carrying out subsection (a) the Secretary of Homeland Security shall determine the appropriate level for assignment and density of customs inspectors at selected international port facilities by a threat, vulnerability, and risk analysis which, at a minimum, considers-- (1) the volume of containers shipped; (2) the ability of the host government to assist in both manning and providing equipment and resources; (3) terrorist intelligence known of importer vendors, suppliers or manufactures; and (4) other criteria as determined in consult with experts in the shipping industry, terrorism, and shipping container security. (c) Minimum Number.--The total number of customs inspectors assigned to international port facilities shall not be less than the number determined as a result of the threat, vulnerability, and risk assessment analysis which is validated by the Administrator of the Transportation Security Administration within 180 days after the date of enactment of this Act. (d) Plan.--The Secretary shall submit a plan to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, with timelines, for phasing inspectors into selected port facilities within 180 days after the enactment of this Act. SEC. 8. RANDOM INSPECTION OF CONTAINERS. (a) In General.--The Under Secretary of Homeland Security for Border and Transportation Security shall develop and implement a plan for random inspection of shipping containers in addition to any targeted or pre-shipment inspection of such containers required by law or regulation or conducted under any other program conducted by the Under Secretary. (b) Civil Penalty for Erroneous Manifest.-- (1) In general.--Except as provided in paragraph (2), if the Under Secretary determines on the basis of an inspection conducted under subsection (a) that there is a discrepancy between the contents of a shipping container and the manifest for that container, the Under Secretary may impose a civil penalty of not more than $1,000 for the discrepancy. (2) Manifest discrepancy reporting.--The Under Secretary may not impose a civil penalty under paragraph (1) if a manifest discrepancy report is filed with respect to the discrepancy within the time limits established by Customs Directive No. 3240-067A (or any subsequently issued directive governing the matters therein) for filing a manifest discrepancy report. D23/

Intermodal Shipping Container Security Act - Directs the Under Secretary of Homeland Security for Border and Transportation Security to take into account a certain National Maritime Transportation Security Plan to ensure that the strategy for dealing with threats to transportation security incorporates relevant aspects of the Plan and addresses all modes of commercial transportation to, from, and within the United States. Directs the Secretary of Homeland Security to submit to Congress a strategic plan for integrating security for all modes of transportation by which intermodal shipping containers arrive, depart, or move in interstate commerce. Establishes the Senior Steering Group to develop solutions to conflicts among constituent agencies regarding intermodal shipping container security. Amends Federal shipping law to direct the Secretary of Transportation to develop a system to increase the number of intermodal shipping containers physically inspected (including nonintrusive inspection by scanning technology), monitored, and tracked within the United States. Requires, beginning in 2007, no less than 50 percent of all ocean-borne shipping containers entering the United States to incorporate "Smart Box" or equivalent technology. Requires the Secretary of Homeland Security to: (1) report to Congress a preliminary plan for strengthening the Bureau of Customs and Border Protection's container targeting system; (2) issue regulations reducing from 60 days to 45 days after arrival at a U.S. port the time period for revisions to a container manifest that is submitted to the Bureau of Customs and Border Protection; (3) develop a system to share threat and vulnerability information with all of the industries in the supply chain; and (4) substantially increase under the Container Security Initiative the number of U.S. Customs Service inspectors assigned to duty outside of the United States with responsibility for inspecting intermodal shipping containers being shipped to the United States. Directs the Under Secretary to implement a plan for random inspection of shipping containers in addition to any targeted or preshipment inspection of such containers required by law. Sets forth civil penalties for discrepancies found in container manifests.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Worker Registration and Visa Act of 2005''. SEC. 2. ISSUANCE OF TEMPORARY WORKER VISA FOR CERTAIN UNDOCUMENTED WORKER REGISTRANTS. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 245A (8 U.S.C. 1255a) the following new section: ``SEC. 245B. ISSUANCE OF TEMPORARY WORKER VISA FOR CERTAIN UNDOCUMENTED WORKER REGISTRANTS. ``(a) Registration Process for Certain Undocumented Workers.-- ``(1) In general.--The Secretary of Homeland Security shall register under this subsection an alien if the alien demonstrates to the satisfaction of the Secretary that the alien meets the following requirements: ``(A) Application.-- ``(i) In general.--The alien applies for such registration in a form and manner specified by the Secretary during the registration period under clause (ii). ``(ii) Registration period.--The registration period under this clause shall be a 12-month period beginning on a date (not later than 180 days after the enactment of this section) designated by the Secretary. ``(B) Continuous unlawful presence.-- ``(i) In general.--The alien has been continuously unlawfully present in the United States from January 1, 2005, through the date the application under subparagraph (A) is filed. ``(ii) Unlawful presence not known.--The alien's unlawful presence in the United States is not known to officials of the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security (as evidenced by documentary records) at any time prior to the alien's application for registration under this subsection. ``(iii) Treatment of brief, casual, and innocent absences.--An alien shall not be considered to have failed to have maintained continuous physical presence in the United States for purposes of clause (i) by virtue of brief, casual, and innocent absences from the United States or a brief, temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien ``(iv) No authorization of admission.-- Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to register under this subsection. ``(C) Nonimmigrants.-- ``(i) In general.--In the case of an alien who entered the United States as a nonimmigrant before the date specified in subparagraph (B)(i), the alien's period of authorized stay as a nonimmigrant expired through the passage of time before such date. ``(ii) Exchange visitors.--If the alien was at any time a nonimmigrant exchange alien (as described in section 101(a)(15)(J)), the alien was not subject to the two-year foreign residence requirement of section 212(e) or has fulfilled that requirement or received a waiver thereof. ``(D) Admissible as temporary worker.--The alien-- ``(i) is admissible to the United States as an immigrant, except as otherwise provided under paragraph (3), and is not inadmissible under paragraph (2) or (3) of section 212(a) or deportable under paragraph (2)(A)(iii) or (4) of section 237(a); ``(ii) has not been convicted of any felony or of three or more misdemeanors committed in the United States; and ``(iii) has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion. ``(E) Biometric identifiers.--The alien provides the Secretary with such biometric identifiers as the Secretary may require for the issuance of a visa, in accordance with section 303(b)(1) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732(b)(1)). ``(F) Registration fee.--The alien has paid such registration fee as the Secretary shall specify. ``(G) Abandonment of other applications for relief.--The alien has withdrawn or has otherwise abandoned or terminated any other application for relief from removal under any law, which may have been pending prior to the submission of the application under subparagraph (A), and the alien has permanently relinquished the opportunity subsequently to submit any other such application for relief. ``(H) Employment in the united states.-- ``(i) In general.--Except as provided in clause (ii), the alien was employed on a full- time basis in the United States since the date specified in subparagraph (B)(i). ``(ii) Exception for spouses and minor children of registrants.--Clause (i) shall not apply in the case of an alien who is the spouse or minor child of an alien who is registered (or in the process of registering) under this subsection. ``(2) Benefits of registration.-- ``(A) Work authorization.-- ``(i) In general.--The Secretary shall authorize an alien who is registered under this subsection to engage in employment in the United States during the term of the alien's registration and shall provide the alien with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(ii) Granting upon prima facie showing of eligibility.--In the case of an alien who applies for registration under this subsection and who establishes a prima facie case of eligibility to be so registered, the Secretary shall provide such alien with the employment authorization described in clause (i) during the pendency of such application. ``(3) Waiver of certain grounds for removal.-- ``(A) In general.--Except as provided in this paragraph, the provisions of subparagraphs (A) and (B) of subsection (d)(2) of section 245A shall apply to determinations of eligibility for registration under this subsection in the same manner as they apply to determinations of admissibility for purposes of such section. ``(B) Modification of reference.--In applying subparagraph (A), any reference in section 245A(d)(2)(A) to section 212(a)(7)(A) is deemed a reference to section 212(a)(7)(B). ``(C) Inapplicability of certain grounds for subsequent removal.--For purposes of obtaining the benefits described in this subsection, and for purposes of any other determination under the immigration laws of the United States, any ground for removal or denial of admission (including grounds under sections 212(a)(6)(A) and 212(a)(9)(B)) applicable to an alien registered under this subsection shall be disregarded if the ground is reflected in the records of the Department of Homeland Security or the Department of State on the date on which the alien first applied for such registration and if such ground is waived under this paragraph. ``(4) Termination of registration.-- ``(A) Expiration.--Except as provided in subparagraph (B), the period of registration of an alien under this section shall expire at the end of the 6-month period beginning on the date of the approval of such registration. ``(B) Termination of registration.--The Secretary of Homeland Security shall provide for the termination of registration of an alien under this subsection-- ``(i) if it appears to the Secretary that the alien was in fact not eligible for such registration; or ``(ii) if the alien commits an act that makes the alien inadmissible to the United States as a nonimmigrant under section 101(a)(15)(W). ``(b) Provision of Temporary Worker Visa.-- ``(1) In general.--The Secretary of Homeland Security shall approve the issuance of a visa to an alien as a nonimmigrant described in section 101(a)(15)(W) if the alien-- ``(A) is registered under subsection (a); and ``(B) makes application for such visa at an appropriate consular office outside the United States in the alien's country of nationality or, in the case of an alien having no nationality, in the alien's country of last habitual residence outside the United States, not later than 6 months after the date of approval of such registration. ``(2) Period of authorized admission.-- ``(A) In general.--Subject to subparagraph (B), the initial period of authorized admission as a nonimmigrant described in section 101(a)(15)(W) shall be 3 years. ``(B) Employment required to maintain status.-- ``(i) In general.--An alien's admission as a nonimmigrant under section 101(a)(15)(W), other than as the spouse or child of such a nonimmigrant, is conditioned upon continuous employment in the United States. ``(ii) Short breaks in employment permitted with notice.-- An alien does not violate clause (i) if-- ``(I) the break in employment does not exceed 30 days (or such longer period as the Secretary may provide based on extraordinary circumstances); and ``(II) the Secretary is provided notice in a timely manner of the break in employment and of the resumption of employment. ``(C) Extension.-- ``(i) In general.--The period of authorized admission as a nonimmigrant under section 101(a)(15)(W) may be extended by the Secretary in 3-year increments. The Secretary may not authorize such extension for an alien if the alien violated subparagraph (B) for the previous period of authorized admission. ``(ii) Extension fee.-- The Secretary shall impose a fee on applicants for an extension under clause (i). ``(D) Termination of nonimmigrant status.--The Secretary of Homeland Security shall provide for the termination of nonimmigrant status granted an alien under this subsection if it appears to the Secretary that the alien was in fact not eligible for registration under subsection (a). ``(c) Application of Certain Provisions.-- ``(1) Confidentiality and false statement.--The provisions of paragraphs (5) and (6) of subsection (c) of section 245A shall apply to applications for registration under subsection (a) in the same manner as they applied to applications for adjustment under section 245A. ``(2) Temporary stay of deportation.--The provisions of subsection (e)(1) of section 245A shall apply to aliens with respect to the application period and registration under subsection (a) in the same manner as they applied to the application period and applications for adjustment under subsection (a) of such section. ``(d) Construction.-- ``(1) Limited follow-to-join authority for family members.--Nothing in this section shall be construed as authorizing, in the case of an alien registered under subsection (a)-- ``(A) the registration of any family member of such alien unless such family member meets the requirements for such registration; or ``(B) the issuance of a nonimmigrant visa under section 101(a)(15)(W) to such family member unless such family member qualifies for such a visa. ``(2) Change in nonimmigrant classification; adjustment of status.--Nothing in this section shall be construed as prohibiting the change of nonimmigrant classification, or adjustment to lawful permanent resident status, of an alien who is a nonimmigrant described in section 101(a)(15)(W).''. (b) New Nonimmigrant Visa Category.--Section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) is amended-- (1) in subparagraph (U), by striking ``or'' at the end; (2) in subparagraph (V), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(W) an alien who is coming temporarily to the United States to be employed in accordance with subsection (b) of section 245B, and the spouse and minor children of such alien if accompanying or following to join the alien and qualified under paragraph (1) of such subsection to be provided nonimmigrant status under this subparagraph.''. (c) Clerical Amendment.--The table of contents for such Act is amended by inserting after the item relating to section 245A the following: ``Sec. 245B. Issuance of temporary worker visa for certain undocumented worker registrants.''.

Temporary Worker Registration and Visa Act of 2005 - Amends the Immigration and Nationality Act to provide for issuance of a temporary (initial three-year period with three-year extensions) worker visa (W-visa) for qualifying aliens who have been continuously unlawfully present and working full-time in the United States from January 1, 2005 through the application date provided for under this Act. Conditions such admission on the alien worker's continuous employment. Limits family member follow-to-join admissions to situations where the family member meets registration or W-visa requirements.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Earmark Transparency Act of 2010''. SEC. 2. UNIFIED AND SEARCHABLE DATABASE FOR CONGRESSIONALLY DIRECTED SPENDING ITEMS. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``unified and searchable database for congressionally directed spending items ``Sec. 316. (a) Establishment of Database.--Within six months after the date of enactment of this section, the Clerk of the House of Representatives and the Secretary of the Senate shall jointly establish a searchable website, available to the public at no cost, listing all requests by Members of Congress for congressionally directed spending items. ``(b) Content.--The website established under subsection (a) shall be comprised of a database including the following information for each congressionally directed spending item requested by a Member of Congress: ``(1) The fiscal year in which the item would be funded. ``(2) The number of the bill or joint resolution for which the request is made, if available. ``(3) The amount of the initial request made by the Member of Congress. ``(4) The amount approved by the committee of jurisdiction. ``(5) The amount carried in the bill or joint resolution (or accompanying report) as passed by the House, as passed by the Senate, and as transmitted to the President, as applicable. ``(6) The name of the department or agency, and the account or program, through which the item will be funded. ``(7) The name and the State or district of the Member of Congress who made the request. ``(8) The name and address of the intended recipient. ``(9) The type of organization (public, private nonprofit, or private for profit entity) of the intended recipient. ``(10) The project name, description, and estimated completion date. ``(11) A justification of the benefit to taxpayers. ``(12) Whether the request is for a continuing project and if so, when funds were first appropriated for such project. ``(13) A description, if applicable, of all non-Federal sources of funding. ``(14) Its current status in the legislative process, including whether it was carried in any bill or joint resolution (or accompanying report) passed by either House, added in a committee of conference between the Houses (or joint explanatory statement of managers) or in an amendment between the Houses, or included in a bill or joint resolution enacted into law, including any changes in the final dollar amount. ``(c) Accessibility of Data.--The website established under subsection (a) shall allow the public to-- ``(1) search, sort, and download all information in the database in a machine-readable format; ``(2) ascertain through a single search, by individual Member of Congress, the total number and dollar value of congressionally directed spending items requested by that Member and the total number and dollar value of such items contained in bills or joint resolutions as passed by either House or enacted into law by fiscal year; ``(3) search and aggregate data based on any category set forth in subsection (b); and ``(4) access the website from the home page of the website of the Clerk of the House of Representatives and of the Secretary of the Senate. ``(d) Timeliness of Data.--(1) Within 5 calendar days of receipt of a request for a congressionally directed spending item from a Member of Congress, each committee of the House of Representatives and of the Senate shall provide to the Clerk of the House of Representatives or the Secretary of the Senate, as applicable, the initial information regarding that request that is required under this section to be placed on the website established under subsection (a). That committee shall provide up-to-date information to the Clerk or Secretary, as applicable. ``(2) The Clerk of the House of Representatives and the Secretary of the Senate shall post on the website established under subsection (a) the information received under paragraph (1) within 2 calendar days (excluding Saturdays, Sundays, or legal holidays except when the House or Senate is in session on such a day). ``(e) Point of Order.--(1) It shall not be in order to consider any bill or joint resolution, or amendment thereto or conference report thereon unless it meets the requirements of this section. ``(2) Subsections (c)(1) and (d)(2) of section 904 of the Congressional Budget Act of 1974 are each amended by inserting `316, ' after `313, '. ``(f) Definitions.--As used in this section-- ``(1) the term `congressionally directed spending item' means a provision or report language included primarily at the request of a Member of Congress providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or congressional district, other than through a statutory or administrative formula-driven or competitive award process; and ``(2) the term `Member of Congress' means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Unified and searchable database for congressionally directed spending items.''.

Earmark Transparency Act of 2010 - Amends the Congressional Budget Act of 1974 to require the Clerk of the House of Representatives and the Secretary of the Senate to establish jointly a free public searchable website, listing all requests by Members of Congress for congressionally directed spending items (congressional earmarks). Requires each congressional committee, within five calendar days of receipt of a request for a congressional earmark from a Member of Congress, to provide to the Clerk and the Secretary, as applicable, the initial required information regarding that request that is required to be placed on the website. Makes it out of order to consider any legislation unless it meets the requirements of this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Accountability and Innovative Research Drug Pricing Act of 2016''. SEC. 2. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART W--DRUG PRICE REPORTING; DRUG VALUE FUND ``SEC. 399OO. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES. ``(a) Definitions.--In this section: ``(1) Average manufacturer price.--The term `average manufacturer price' has the meaning given the term in section 1927(k)(1) of the Social Security Act (42 U.S.C. 1396r- 8(k)(1)). ``(2) Manufacturer.--The term `manufacturer' means the person-- ``(A) that holds the application for a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or the license issued under section 351 of the Public Health Service Act; or ``(B) who is responsible for setting the price for the drug. ``(3) Qualifying drug.--The term `qualifying drug' means any drug that is approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under subsection (a) or (k) of section 351 of this Act-- ``(A) that is-- ``(i)(I) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act; or ``(II) commonly administered by hospitals (as determined by the Secretary); ``(ii) not designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act; and ``(iii) not designated by the Secretary as a vaccine; and ``(B) for which, during the previous calendar year, at least 1 dollar of the total amount of sales were for individuals enrolled under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or under a State Medicaid plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan. ``(b) Report.-- ``(1) Report required.--The manufacturer of a qualifying drug shall submit a report to the Secretary for each price increase of a qualifying drug that will result in an increase in the average manufacturer price of that drug that is equal to 10 percent or more over a 12-month period. ``(2) Report deadline.--Each report described in paragraph (1) shall be submitted to the Secretary not later than 30 days prior to the planned effective date of such price increase. ``(c) Contents.--A report under subsection (b) shall, at a minimum, include-- ``(1) with respect to the qualifying drug-- ``(A) the percentage by which the manufacturer will raise the average manufacturer price of the drug on the planned effective date of such price increase; ``(B) a justification for, and description of, each manufacturer's price increase that occurred during the 12-month period described in subsection (b)(1); ``(C) the identity of the initial developer of the drug; ``(D) a description of the history of the manufacturer's price increases for the drug since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; ``(E) the current list price of the drug; ``(F) the total expenditures of the manufacturer on-- ``(i) materials and manufacturing for such drug; and ``(ii) acquiring patents and licensing for such drug; ``(G) the percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds; ``(H) the total expenditures of the manufacturer on research and development for such drug that is used for-- ``(i) basic and preclinical research; ``(ii) clinical research; ``(iii) new drug development; ``(iv) pursuing new or expanded indications for such drug through supplemental applications under section 505 of the Federal Food, Drug, and Cosmetic Act; and ``(v) carrying out postmarket requirements related to such drug, including those under section 505(o)(3) of such Act; ``(I) the total revenue and the net profit generated from the qualifying drug for each calendar year since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; and ``(J) the total costs associated with marketing and advertising for the qualifying drug; ``(2) with respect to the manufacturer-- ``(A) the total revenue and the net profit of the manufacturer for the 12-month period described in subsection (b)(1); ``(B) the amount the manufacturer has spent on dividends and stock repurchases and the specific metrics used by the manufacturer to determine executive compensation, including any stock-based performance metrics, for the 12-month period described in subsection (b)(1); and ``(C) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on-- ``(i) drug research and development; or ``(ii) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and ``(3) such other related information as the Secretary considers appropriate. ``(d) Civil Penalty.--Any manufacturer of a qualifying drug that fails to submit a report for the drug as required by this section shall be subject to a civil penalty of $100,000 for each day on which the violation continues. ``(e) Compliance Determinations.--In determining whether a manufacturer may have been required to submit a report under this section, and otherwise making determinations about manufacturer compliance with the requirements of this section, the Inspector General of the Department of Health and Human Services shall annually review and consider the average manufacturer price information submitted under section 447.510 of title 42, Code of Federal Regulations, or any successor regulations. ``(f) Public Posting.-- ``(1) In general.--Subject to paragraph (3), not later than 30 days after the submission of a report under subsection (b), the Secretary shall post the report on the public Web site of the Department of Health and Human Services. ``(2) Format.--In developing the format of such report for public posting, the Secretary shall consult stakeholders, including beneficiary groups, and shall seek feedback on the content and format from consumer advocates and readability experts to ensure such public reports are user-friendly to the public and are written in plain language that consumers can readily understand. ``(3) Trade secrets and confidential information.--In carrying out this section the Secretary shall ensure the protection of confidential commercial information and trade secrets.''. ``SEC. 399OO-1. USE OF CIVIL PENALTY AMOUNTS. ``The Secretary shall collect the civil penalties under section 399OO, in addition to any other amounts available, and without further appropriation, and shall use such funds to carry out activities described in this part and to improve consumer and provider information about drug value and drug price transparency. ``SEC. 399OO-2. ANNUAL REPORT TO CONGRESS. ``(a) In General.--Subject to subsection (b), the Secretary shall submit to Congress, and post on the public Web site of the Department of Health and Human Services in a way that is easy to use and understand, an annual report-- ``(1) summarizing the information reported pursuant to section 399OO; and ``(2) including copies of the reports and supporting detailed economic analyses submitted pursuant to such section. ``(b) Trade Secrets and Confidential Information.--In carrying out this section the Secretary shall ensure the protection of confidential commercial information and trade secrets.''.

Fair Accountability and Innovative Research Drug Pricing Act of 2016 This bill amends the Public Health Service Act to require manufacturers of certain drugs and biological products to report to the Department of Health and Human Services (HHS) price increases that result in a 10% or more increase in the price of a drug over a 12-month period. Reports are required for prescription drugs and drugs commonly administered in hospitals, except vaccines, drugs for rare conditions, and drugs with annual sales for Medicare and Medicaid enrollees of less than $1. Manufacturers that do not submit a required report are subject to a civil penalty. The Inspector General of HHS must review drug price information to determine compliance. Collected penalty funds must be used to carry out activities related to this reporting requirement and to improve consumer and provider information about drug value and drug price transparency. HHS must publish manufacturer reports, a summary of those reports, and supporting analyses.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Tenth Amendment Enforcement Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) in most areas of governmental concern, State governments possess both the constitutional authority and the competence to discern the needs and the desires of the people and to govern accordingly; (2) Federal laws and agency regulations, which have interfered with State powers in areas of State jurisdiction, should be restricted to powers delegated to the Federal Government by the United States Constitution; (3) the framers of the United States Constitution intended to bestow upon the Federal Government only limited authority over the States and the people; (4) under the Tenth Amendment of the United States Constitution, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; and (5) the courts, which have in general construed the Tenth Amendment not to restrain the Federal Government's power to act in areas of State jurisdiction, should be directed to strictly construe Federal laws and regulations which interfere with State powers with a presumption in favor of State authority and against Federal preemption. SEC. 3. CONGRESSIONAL DECLARATION. (a) In General.--On or after January 1, 1999, any statute enacted by Congress shall include a declaration-- (1) that authority to govern in the area addressed by the statute is delegated to Congress by the United States Constitution, including a citation to the specific constitutional authority relied upon; (2) that Congress specifically finds that Congress has a greater degree of competence than the States to govern in the area addressed by the statute; and (3) if the statute interferes with State powers or preempts any State or local government law, regulation or ordinance, that Congress specifically intends to interfere with State powers or preempt State or local government law, regulation, or ordinance, and that such preemption is necessary. (b) Findings.--Congress shall make specific factual findings in support of the declarations described under this section. SEC. 4. POINT OF ORDER. (a) In General.--It shall not be in order in either the Senate or House of Representatives to consider any bill, joint resolution, or amendment that does not include a declaration of congressional intent as required under section 3. (b) Rulemaking.--This section is enacted-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, and as such, it is deemed a part of the rules of the Senate and House of Representatives, but is applicable only with respect to the matters described in section 3 and subsection (a) of this section and supersedes other rules of the Senate or House of Representatives only to the extent that such sections are inconsistent with such rules; and (2) with full recognition of the constitutional right of the Senate or House of Representatives to change such rules at any time, in the same manner as in the case of any rule of the Senate or House of Representatives. SEC. 5. EXECUTIVE PREEMPTION OF STATE LAW. (a) In General.--Chapter 5 of title 5, United States Code, is amended by inserting after section 559 the following new section: ``Sec. 559a. Preemption of State law ``(a) No agency shall construe any statutory authorization to issue rules as authorizing preemption of State law or local ordinance by rulemaking or other agency action unless-- ``(1) the statute expressly authorizes issuance of preemptive rules; and ``(2) the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. ``(b) Any regulatory preemption of State law shall-- ``(1) be narrowly written to achieve the objectives of the statute under which the rules are promulgated; and ``(2) explicitly describe the scope of preemption. ``(c)(1) When an agency proposes to act through rulemaking or other agency action to preempt State law, the agency shall provide all affected States notice and an opportunity for comment by duly elected or appointed State and local government officials or their designated representatives in the proceedings. ``(2) The notice of proposed rulemaking shall be forwarded to the Governor, the Attorney General and the presiding officer of each chamber of the Legislature of each State setting forth the extent and purpose of the preemption. ``(3) In the table of contents of each Federal Register, there shall be a separate list of preemptive rules contained within that Register. ``(d) Unless a final agency rule contains an explicit provision declaring the Federal Government's intent to preempt State or local government powers and an explicit description of the extent and purpose of that preemption, the rule shall not be construed to preempt any State or local government law, ordinance or regulation. ``(e)(1) Each agency shall publish in the Federal Register a plan for periodic review of the rules issued by the agency that preempt, in whole or in part, State or local government powers. Such plan may be amended by the agency at any time by publishing a revision in the Federal Register. ``(2) The purpose of the review under this subsection shall be to determine whether and to what extent such rules are to continue without change, consistent with the stated objectives of the applicable statutes, or are to be altered or repealed to minimize the effect of the rules on State or local government powers.''. (b) Nonbinding Regulations.--Any Federal rule or regulation promulgated after January 1, 1999, that is promulgated in a manner inconsistent with section 559a of title 5, United States Code (as added by this section), shall not be binding on any State or local government, and shall not preempt any State or local government law, ordinance, or regulation. (c) Conforming Amendment.--The table of sections for chapter 5 of title 5, United States Code, is amended by adding after the item relating to section 559 the following: ``559a. Preemption of State law.''. SEC. 6. RULES OF CONSTRUCTION. (a) In General.--No statute enacted after the date of enactment of this Act (or rule promulgated under such statute), shall be construed by courts or other adjudicative entities to preempt, in whole or in part, any State or local government law, ordinance or regulation unless-- (1) the statute, or rule promulgated under such statute, contains an explicit declaration of intent to preempt; or (2) there is a direct conflict between such statute and a State or local government law, ordinance, or regulation, such that the two cannot be reconciled or consistently stand together. (b) Favorable Construction.--Notwithstanding any other provision of law, any ambiguities in this Act, or in any other law of the United States, shall be construed in favor of preserving the authority of the States and the people. (c) Severability.--If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby. SEC. 7. APPROPRIATION BY STATE LEGISLATURES. Any funds received by a State under Federal law shall be subject to appropriation by the State legislature, consistent with the terms and conditions required under such applicable provisions of law. SEC. 8. ANNUAL REPORT ON STATUTORY PREEMPTION. (a) Report.--Not later than 90 days after each Congress adjourns sine die, the Congressional Research Service shall prepare and make available to the public a report on the extent of Federal statutory preemption of State and local government powers enacted into law during the preceding Congress or adopted through judicial interpretation of Federal statutes. (b) Contents.--The report shall contain-- (1) a cumulative list of the Federal statutes preempting, in whole or in part, State and local government powers; (2) a summary of Federal legislation enacted during the previous Congress preempting, in whole or in part, State and local government powers; (3) an overview of recent court cases addressing Federal preemption issues; and (4) other information the Director of the Congressional Research Service determines appropriate. (c) Submittal.--Copies of the report shall be submitted to the President and the chairman of the appropriate committees in the Senate and House of Representatives.

Tenth Amendment Enforcement Act of 1998 - Requires any statute enacted by the Congress after 1998 to include declarations that: (1) the authority to govern in the area addressed is delegated to the Congress by the Constitution; (2) Congress has a greater degree of competence than the States to govern in that area; and (3) any preemption of State law is specifically intended by the Congress and is necessary. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations. Amends Federal law to prohibit any Federal agency from construing any statutory authorization to issue rules as authorizing preemption of State law or local ordinance by rulemaking or other agency action, unless the statute expressly authorizes issuance of preemptive rules and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Requires all States to be provided with notice and an opportunity for comment when a Federal agency proposes preemptive rulemaking or other agency action. Requires the table of contents of each Federal Register to contain a list of preemptive rules contained within that Register. Provides that a final agency rule shall not be construed to preempt any State or local law unless it contains an explicit declaration of the intention to do so. Requires each Federal agency to publish in the Federal Register a plan for periodic review of the rules issued by the agency that preempt State or local government powers to determine whether such rules should be altered or repealed. Prohibits any adjudicative body to construe a statute enacted after enactment of this Act to preempt State or local law unless: (1) the statute contains an explicit declaration of intent to preempt; or (2) there is a direct conflict with State or local law that cannot be reconciled. Requires any ambiguity to be construed in favor of preserving the authority of the States. Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature. Directs the Congressional Research Service, after each Congress adjourns, to prepare and make publicly available a report on the extent of Federal statutory preemption of State and local government powers enacted into law during that Congress or adopted through judicial interpretation of Federal statutes.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Traveler Redress Improvement Act of 2017''. SEC. 2. IMPLEMENTATION OF REDRESS PROCESS AND REVIEW OF THE TRANSPORTATION SECURITY ADMINISTRATION'S INTELLIGENCE- BASED SCREENING RULES FOR AVIATION SECURITY. (a) Redress Process.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall, using existing resources, systems, and processes, ensure the availability of the Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) redress process to adjudicate inquiries for individuals who-- (A) are citizens of the United States or aliens lawfully admitted for permanent residence; (B) have filed an inquiry with DHS TRIP after receiving enhanced screening at an airport passenger security checkpoint more than 3 times in any 60-day period; and (C) believe they have been wrongly identified as being a threat to aviation security. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration 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 implementation of the redress process required under paragraph (1). (b) Privacy Impact Review and Update.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall review and update the Privacy Impact Assessment for the Secure Flight programs to ensure such Assessment accurately reflects the operation of such programs. (2) Public dissemination.--The Secure Flight Privacy Impact Assessment review required under paragraph (1) shall be published on a publically accessible Internet webpage of the Transportation Security Administration and submitted to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (c) Transportation Security Administration Rule Review and Notification Process.-- (1) Rule review.--Not later than 60 days after the date of the enactment of this Act and every 120 days thereafter, the Assistant Administrator of the Office of Intelligence Analysis of the Transportation Security Administration, in coordination with the entities specified in paragraph (2), shall conduct a comprehensive review of the Transportation Security Administration's intelligence-based screening rules. (2) Notification process.--Not later than 48 hours after changing, updating, implementing, or suspending a Transportation Security Administration intelligence-based screening rule, the Assistant Administrator of the Office of Intelligence Analysis of the Transportation Security Administration shall notify the following entities of any such change, update, implementation, or suspension, as the case may be: (A) The Office of Civil Rights and Liberties of the Transportation Security Administration. (B) The Office of the Ombudsman of the Administration. (C) The Office of Traveler Engagement of the Administration. (D) The Office of Civil Rights and Liberties of the Department of Homeland Security. (E) The Office of Chief Counsel of the Administration. (F) The Office of General Counsel of the Department. (G) The Privacy Office of the Administration. (H) The Privacy Office of the Department. (I) The Federal Air Marshal Service. (J) The Traveler Redress Inquiry Program of the Department. (d) Federal Air Marshal Service Coordination.-- (1) In general.--The Administrator of the Transportation Security Administration shall ensure that the Transportation Security Administration's intelligence-based screening rules are incorporated in the risk analysis conducted during the Federal Air Marshal mission scheduling process. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration 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 how the Transportation Security Administration's intelligence-based screening rules are incorporated in the risk analysis conducted during the Federal Air Marshal mission scheduling process. (e) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States 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 study on the Transportation Security Administration's intelligence-based screening rules and the effectiveness of such rules in identifying and mitigating potential threats to aviation security. Such study shall also examine coordination between the Transportation Security Administration, the Department of Homeland Security, and other relevant partners relating to changing, updating, implementing, or suspending such rules as necessary. Passed the House of Representatives June 20, 2017. Attest: KAREN L. HAAS, Clerk.

Traveler Redress Improvement Act of 2017 (Sec. 2) This bill directs the Transportation Security Administration (TSA) to ensure the availability of the Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) redress process to adjudicate inquiries for individuals who: are U.S. citizens or aliens lawfully admitted for permanent residence, have filed an inquiry with DHS TRIP after receiving enhanced screening at an airport security checkpoint more than three times in a 60-day period, and believe they have been wrongly identified as being a threat to aviation security. TSA shall review and update the Privacy Impact Assessment for the Secure Flight programs for accuracy and make such assessment available to the public on TSA's website. TSA shall also review its intelligence-based screening rules, notify specified federal agencies of any rule changes, and ensure such rules are incorporated in the risk analysis conducted during the Federal Air Marshal mission scheduling process. The Government Accountability Office shall: study the effectiveness of such rules in identifying and mitigating potential threats to aviation security; and examine coordination between the TSA, DHS, and other relevant partners relating to changing, updating, implementing, or suspending such rules as necessary.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran and Hizballah Western Hemisphere Prevention Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) On June 26, 2017, Ali Issa Chamas, a dual Paraguayan- Lebanese national reportedly with ties to Hizballah, was indicted by a Miami Federal grand jury for drug trafficking after being arrested in the Tri-Border Area of Argentina, Paraguay, and Brazil for allegedly trying to smuggle cocaine to the United States. (2) On June 8, 2017, the Department of Justice announced the arrest of Ali Kourani and Samer El Debek for attempting to provide support to Hizballah, including in Panama, which involved locating the United States and Israeli Embassies and casing security procedures at the Panama Canal. (3) In April 2017, Commander, United States Southern Command, Admiral Kurt Tidd testified to Congress that ``as a continuing state sponsor of terrorism, Iranian involvement in the Western Hemisphere is always a matter of concern [and] with the easing of economic sanctions, Iran may be seeking to rebuild its relationships in the region''. (4) In February 2017, the United States imposed sanctions on Venezuelan Vice President Tareck El Aissami, designating him as a drug kingpin for facilitating narcotics to the United States. A subsequent CNN investigation linked El Aissami to ``173 Venezuelan passports and IDs that were issued to individuals from the Middle East, including people connected to the terrorist group Hezbollah''. (5) In September 2016, Iranian President Hassan Rouhani conducted his first visit to Latin America, visiting Venezuela and Cuba. In the same month, Iran's Foreign Minister Javad Zarif also visited Bolivia, Chile, Cuba, Ecuador, Mexico, Nicaragua, and Venezuela. (6) In February 2016, a Federal prosecutor in Argentina alleged that Special Prosecutor Alberto Nisman's death in January 2015 was a homicide. Nisman had previously published two reports documenting Iranian activities in several countries in the region and filed a judicial complaint against former Argentine President Cristina Fernandez de Kirchner for minimizing Iranian involvement in the 1994 terrorist attack against the Argentine-Israeli Mutual Association (AMIA) that killed 85 people. (7) In February 2016, the U.S. Drug Enforcement Administration (DEA) announced the disruption of a Hizballah network as part of DEA's ``Project Cassandra'', which affirmed that members of Hizballah's External Security Organization Business Affairs Component (BAC) had established business relationships with South American drug cartels, such as La Oficina de Envigado. (8) According to the Department of State's 2015 Country Report on Terrorism, Hezbollah maintains a presence in the Western Hemisphere ``with members, facilitators, and supporters engaging in activity in support of the organization'', which includes ``efforts to build Hezbollah's infrastructure in South America and fundraising, both through licit and illicit means''. (9) In 2015, former Commander, United States Southern Command, General Kelly testified to Congress that ``our limited intelligence capabilities make it difficult to fully assess the amount of terrorist financing generated in Latin America, or understand the scope of possible criminal-terrorist collaboration''. (10) In November 2014, Brazilian media published police reports that revealed that Hizballah helped a Brazilian prison gang, the First Capital Command (PCC), obtain weapons in exchange for the protection of prisoners of Lebanese origin tied to Hizballah. Those same reports also found that Lebanese traffickers tied to Hizballah helped sell C4 explosives that the PCC allegedly stole in Paraguay. (11) In November 2014, Peruvian counterterrorism police arrested Mohammed Amadar, a Lebanese citizen, who was reportedly a Hizballah operative, after finding traces of explosive materials and detonators at his home. His targets reportedly included places associated with Israelis and Jews in Peru, the Israeli embassy in Lima, and Jewish community institutions. (12) Hizballah is classified by the Department of State as a Foreign Terrorist Organization, but multiple reports have found that Hizballah has significant and expanding ties to transnational organized crime, drug trafficking, and money- laundering activities in the Western Hemisphere, including partnerships with Mexico's Los Zetas, Colombia's Revolutionary Armed Forces of Colombia (FARC), and Brazil's Primeriro Comando de la Capital. (13) As of June 2017, the United States has sanctioned 11 individuals and four companies in the Tri-Border Area of Argentina, Paraguay, and Brazil for their involvement with Hizballah's terror finance networks. However, multiple reports show that despite United States measures, some of these individuals who are Specially Designated Global Terrorists (SDGTs) under Executive Order 13224 of September 2001 continue to have access to the global financial system. SEC. 3. STATEMENT OF POLICY. Congress declares that it is the policy of the United States to continue the policy outlined in the Hizballah International Financing Prevention Act of 2015 (Public Law 114-102) and the government-wide strategy outlined in Countering Iran in the Western Hemisphere Act of 2012 (Public Law 112-220) to prevent further penetration of Iran and Hizballah into the Western Hemisphere and prioritize United States diplomatic efforts to engage countries in the Western Hemisphere to disrupt and degrade Hizballah's illicit networks operating in the region. SEC. 4. DEFINITIONS. In this Act: (1) Western hemisphere.--The term ``Western Hemisphere'' has the meaning given such term in section 4(1) of the Countering Iran in the Western Hemisphere Act of 2012 (Public Law 112-220; 22 U.S.C. 8701 note). (2) Relevant congressional committees.--The term ``relevant congressional committees'' has the meaning given such term in section 4(2) of the Countering Iran in the Western Hemisphere Act of 2012 (Public Law 112-220; 22 U.S.C. 8701 note). (3) Hizballah.--The term ``Hizballah'' has the meaning given such term in section 102(f) of the Hizballah International Financing Prevention Act of 2015 (Public Law 114- 102; 50 U.S.C. 1701 note). (4) Hostile activities.--The term ``hostile activities'' means any activities that promote anti-American or undemocratic views that threaten United States national security through government-to-government, private sector, nongovernmental organizations, or public diplomacy engagement. SEC. 5. UNITED STATES STRATEGY TO PREVENT HOSTILE ACTIVITIES BY IRAN AND DISRUPT AND DEGRADE HIZBALLAH'S ILLICIT NETWORKS IN THE WESTERN HEMISPHERE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the relevant congressional committees a strategy to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks in the Western Hemisphere that-- (1) identifies Department of State priorities, in coordination with other executive branch agencies, for defining United States policy to protect United States interests from Iranian and Hizballah threats in the Western Hemisphere; (2) involves a whole-of-government approach led by the Secretary of State, in coordination with other executive branch agencies, to ensure that information-sharing, interdictions, arrests, investigations, indictments, sanctions, and designations related to Hizballah individuals or networks in the Western Hemisphere are integrated, coordinated, and publicly communicated by the United States in a manner that supports United States interests; (3) outlines a counter-network disruption campaign that includes the input of other executive branch agencies and that uses all appropriate United States national tools; (4) describes Iranian and Hizballah activities in the Western Hemisphere, their relationships with transnational criminal organizations in the region, their use of the region's commodities trade to engage in illicit activities, and their use of Latin American and Caribbean visas, including through Citizenship by Investment Programs to seek admittance into the United States, as well as a plan to address any security vulnerabilities to the United States; (5) includes a review of all relevant United States sanctions that relate to Hizballah's activities in Latin America and the Caribbean and an assessment of their use, effectiveness, and any capability gaps; (6) includes a review of the use of the Department of State's rewards program under section 36 of the State Department Basic Authorities Act (22 U.S.C. 2708) to obtain information related to Latin America-based Hizballah operatives and illicit networks and an assessment of the effectiveness of this program for targeting Hizballah in the Western Hemisphere; (7) includes a review of all relevant United States sanctions on financial institutions in Latin America and the Caribbean that engage in activities outlined by section 102 of Hizballah International Financing Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701 note) and an assessment of the use of the authorities outlined, their effectiveness, and recommendations for improvement; (8) describes Hizballah criminal support networks, including country facilitation, in the Western Hemisphere and outlines a United States approach to partners in the region to address those illicit networks and build country capacity to combat the transnational criminal activities of Hizballah; and (9) includes a review of the actions of governments in the Western Hemisphere to identify, investigate, and prosecute Latin America-based Hizballah operatives, and enforce sanctions either personally or to their business interests of Latin America-based Hizballah operatives as well as recommendations for United States action towards governments who refuse to impose sanctions or who willingly facilitate Latin America- based Hizballah illicit activities. (b) Form.--The strategy required by subsection (b) shall be submitted in unclassified form to the greatest extent possible but may include a classified annex. SEC. 6. UNITED STATES BILATERAL AND MULTILATERAL ENGAGEMENT ON HIZBALLAH IN THE WESTERN HEMISPHERE. (a) Bilateral Engagement.--Not later than 90 days after the date of the enactment of this Act, the President shall instruct the Secretary of State to prioritize United States diplomatic engagement with countries in the Western Hemisphere to increase cooperation and build governments' capacity to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks operating in the region. Such diplomatic engagement may include-- (1) efforts to target and expose illicit networks, arrest perpetrators, freeze assets, and attack Iran and Hizballah's use of illicit networks using international trade and banking systems; (2) efforts to revoke or deny visas from those implicated in Hizballah activity in the region, including lawyers, accountants, business partners, and service providers and politicians who knowingly facilitate or fail to take measures to counter Hizballah's illicit finance in their own jurisdictions; (3) efforts to assist willing nations with the development of counter-organized crime legislation, the strengthening of financial investigative capacity, and a fully-vetted counter- organized crime judicial model in places plagued with corruption; and (4) efforts to persuade governments in the region to list Hizballah as a terrorist organization. (b) Multilateral Engagement.-- (1) In general.--Title I of the Hizballah International Financing Prevention Act of 2015 (Public Law 114-102; 129 Stat. 2206; 50 U.S.C. 1701 note) is amended by adding at the end the following: ``SEC. 103. DIPLOMATIC INITIATIVES. ``(a) Sense of Congress.--It is the sense of Congress that-- ``(1) the designation of Hizballah as a terrorist organization by the Gulf Cooperation Council represents a positive step; and ``(2) the United States should provide necessary technical and other advice to the states of the Gulf Cooperation Council to enhance the effectiveness of that designation. ``(b) Diplomatic Initiatives.--Not later than 90 days after the date of the enactment of this section, the President shall instruct-- ``(1) the United States Permanent Representative to the Organization of American States to work to secure support at the Organization of American States for a resolution that would declare Hizballah as a terrorist organization and address Hizballah's illicit networks operating in the region; ``(2) the United States Ambassador to the Organization for Security and Cooperation in Europe (OSCE) to work to secure a report on compliance by participating states with OSCE Decision Number 1063, the `Consolidated Framework for the Fight Against Terrorism', in regard to Hizballah, with particular focus on the mandate to `suppress the financing of terrorism, including its links with money-laundering and illegal economic activities', especially as it relates transatlantic relations, including with Latin America and the Caribbean; and ``(3) United States diplomats to work with international forums, including the Financial Action Task Force, to identify government entities within Latin America and the Caribbean that provide support, facilitation, or assistance to individuals affiliated with Hizballah in the Western Hemisphere. ``(c) Report.--Not later than 90 days after the date of enactment of this section, and every 180 days thereafter for a period not to exceed 3 years, 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 describing efforts of the United States Permanent Representative to the Organization of American States with respect to matters described in subsection (b)(1), efforts of the United States Ambassador to the Organization for Security and Cooperation in Europe with respect to the matters described in subsection (b)(2), and efforts by United States diplomats with respect to the matters described in subsection (b)(3).''. (2) Clerical amendment.--The table of contents for the Hizballah International Financing Prevention Act of 2015 is amended by inserting after the item related to section 102 the following new item: ``Sec. 103. Diplomatic initiatives.''. SEC. 7. CONGRESSIONAL OVERSIGHT BRIEFINGS. The Secretary of State provide to the relevant congressional committees annual briefings that review Department of State efforts to implement the strategy to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks in the Western Hemisphere under section 5 and United States bilateral and multilateral engagement with respect to Hizballah in the Western Hemisphere in accordance with section 6 and the amendments made by section 6. SEC. 8. REGULATORY AUTHORITY. (a) In General.--The President shall, not later than 120 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this Act and the amendments made by this Act. (b) Notification to Congress.--Not less than 10 days before the promulgation of regulations under subsection (a), the President shall notify the relevant congressional committees of the proposed regulations and the provisions of this Act that the regulations are implementing. SEC. 9. SUNSET. This Act shall terminate on the date that is 30 days after the date on which the President certifies to Congress that Hizballah meets the requirements described in section 303 of Hizballah International Financing Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701 note).

Iran and Hizballah Western Hemisphere Prevention Act of 2017 This bill declares it to be U.S. policy to prevent further penetration of Iran and Hizballah into the Western Hemisphere and to prioritize diplomatic efforts to engage countries in the hemisphere to disrupt and degrade Hizballah's illicit networks operating in the region. The Department of State shall submit a strategy to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks in the hemisphere. The President shall instruct the State Department to prioritize U.S. diplomatic engagement with countries in the hemisphere in order to increase cooperation and build the capacity of the governments of those countries to prevent such activities and disrupt and degrade such networks. The bill amends the Hizballah International Financing Prevention Act of 2015 to require the President to instruct: the U.S. Permanent Representative to the Organization of American States (OAS) to work to secure OAS support for a resolution that would declare Hizballah to be a terrorist organization and address such illicit networks; and the U.S. Ambassador to the Organization for Security and Cooperation in Europe (OSCE) to work in securing a report on compliance by participating states with OSCE Decision Number 1063, the Consolidated Framework for the Fight Against Terrorism, with regard to Hizballah; and U.S. diplomats to work with international forums to identify government entities in Latin America and the Caribbean that support individuals affiliated with Hizballah in the hemisphere. The State Department must provide to the relevant congressional committees annual briefings that review its efforts to implement such strategy and U.S. bilateral and multilateral engagement with respect to Hizballah in the hemisphere.

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TITLE I--PROHIBITION ON USE OF FUNDS FOR THE PARTICIPATION OF CERTAIN CHINESE OFFICIALS IN CONFERENCES, EXCHANGES, PROGRAMS, AND ACTIVITIES SEC. 101. PROHIBITION ON USE OF FUNDS. (a) Prohibition.--Notwithstanding any other provision of law, for fiscal years after fiscal year 1997, no funds appropriated or otherwise made available for the Department of State, the United States Information Agency, and the United States Agency for International Development may be used for the purpose of providing travel expenses and per diem for the participation of nationals of the People's Republic of China described in paragraphs (1) and (2) in conferences, exchanges, programs, and activities: (1) The head or political secretary of any of the following Chinese Government-created or approved organizations: (A) The Chinese Buddhist Association. (B) The Chinese Catholic Patriotic Association. (C) The National Congress of Catholic Representatives. (D) The Chinese Catholic Bishops' Conference. (E) The Chinese Protestant ``Three Self'' Patriotic Movement. (F) The China Christian Council. (G) The Chinese Taoist Association. (H) The Chinese Islamic Association. (2) Any military or civilian official or employee of the Government of the People's Republic of China who is directly involved in any of the following policies or practices or who was responsible for the supervision of persons directly involved in such policies or practices: (A) Formulating, drafting, or implementing repressive religious policies. (B) Imprisoning, detaining, or harassing individuals on religious grounds. (C) Promoting or participating in policies or practices which hinder religious activities or the free expression of religious beliefs. (b) Certification.-- (1) Each Federal agency subject to the prohibition of subsection (a) shall certify in writing to the appropriate congressional committees no later than 120 days after the date of enactment of this Act, and every 90 days thereafter, that it did not pay, either directly or through a contractor or grantee, for travel expenses or per diem of any national of the People's Republic of China described in subsection (a). (2) Each certification under paragraph (1) shall be supported by the following information: (A) The name of each employee of any agency of the Government of the People's Republic of China whose travel expenses or per diem were paid by funds of the reporting agency of the United States Government. (B) The procedures employed by the reporting agency of the United States Government to ascertain whether each individual under subparagraph (A) did or did not participate in activities described in subsection (a)(2). (C) The reporting agency's basis for concluding that each individual under subparagraph (A) did not participate in such activities. (c) Definition of Appropriate Congressional Committees.--For purposes of this section the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. SEC. 102. SUNSET PROVISION. Section 101 shall cease to have effect 4 years after the date of the enactment of this Act. TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING FOR RADIO FREE ASIA AND VOICE OF AMERICA SEC. 201. AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING. (a) Authorization of Appropriations for International Broadcasting to China.--In addition to such sums as are otherwise authorized to be appropriated for ``International Broadcasting Activities'' for fiscal years 1998 and 1999, there are authorized to be appropriated for ``International Broadcasting Activities'' $46,900,000 for fiscal year 1998 and $31,200,000 for fiscal year 1999, which shall be available only for broadcasting to China. (b) Limitations.-- (1) Radio free asia.-- (A) Of the funds authorized to be appropriated under subsection (a) $26,900,000 is authorized to be appropriated for fiscal year 1998 and $21,200,000 is authorized to be appropriated for fiscal year 1999 for Radio Free Asia. (B) Of the funds under subparagraph (A), $1,200,000 is authorized to be appropriated for each such fiscal year for additional personnel to staff Cantonese language broadcasting. (C) Of the funds under subparagraph (A) authorized to be appropriated for fiscal year 1998, $900,000 is authorized to be appropriated for additional advanced editing equipment. (2) 1998.-- (A) Of the funds under subsection (a) authorized to be appropriated for fiscal year 1998, $11,800,000 is authorized to be appropriated for capital expenditures for the purchase and construction of transmission facilities. (B) Of the funds under subsection (a) authorized to be appropriated for fiscal year 1998, $3,000,000 is authorized to be appropriated to facilitate the timely augmentation of transmitters at Tinian, Commonwealth of Northern Marianas. (c) Allocation.--Of the amounts authorized to be appropriated under subsection (a), the Director of the United States Information Agency and the Board of Broadcasting Governors shall seek to ensure that the amounts made available for broadcasting to nations whose people do not fully enjoy freedom of expression do not decline in proportion to the amounts made available for broadcasting to other nations. SEC. 202. REPORTING REQUIREMENT. Not later than 90 days after the date of enactment of this Act, in consultation with the Board of Broadcasting Governors, the President shall prepare and transmit to Congress a report on a plan to achieve continuous broadcasting of Radio Free Asia and Voice of America to the People's Republic of China in multiple major dialects and languages. SEC. 203. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS FOR MIGRATION AND REFUGEE ASSISTANCE. Notwithstanding any other provision of law, such amounts as are authorized to be appropriated for ``Migration and Refugee Assistance'' for fiscal year 1998 shall be reduced by $21,900,000 and for fiscal year 1999 shall be reduced by $6,200,000. TITLE III--MISCELLANEOUS PROVISIONS SEC. 301. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL PERSONNEL AT DIPLOMATIC POSTS TO MONITOR HUMAN RIGHTS IN THE PEOPLE'S REPUBLIC OF CHINA. There are authorized to be appropriated to support personnel to monitor political repression in the People's Republic of China in the United States Embassy in Beijing, as well as the American consulates in Guangzhou, Shanghai, Shenyang, Chengdu, and Hong Kong, $2,200,000 for fiscal year 1998 and $2,200,000 for fiscal year 1999. SEC. 302. CONGRESSIONAL STATEMENT OF POLICY. It is the sense of the Congress that the President should make freedom of religion one of the major objectives of United States foreign policy with respect to China. As part of this policy, the Department of State should raise in every relevant bilateral and multilateral forum the issue of individuals imprisoned, detained, confined, or otherwise harassed by the Chinese Government on religious grounds. In its communications with the Chinese Government, the Department of State should provide specific names of individuals of concern and request a complete and timely response from the Chinese Government regarding the individuals' whereabouts and condition, the charges against them, and sentence imposed. The goal of these official communications should be the expeditious release of all religious prisoners in China and the end of the Chinese Government's policy and practice of harassing and repressing religious believers.

TABLE OF CONTENTS: Title I: Prohibition on Use of Funds for the Participation of Certain Chinese Officials in Conferences, Exchanges, Programs, and Activities Title II: Authorization of Appropriations for Increased Funding for Radio Free Asia and Voice of America Title III: Miscellaneous Provisions Title I: Prohibition on Use of Funds for the Participation of Certain Chinese Officials in Conferences, Exchanges, Programs, and Activities - Prohibits certain U.S. agencies from funding the travel and per diem expenses of certain nationals of the People's Republic of China for participation in conferences, exchanges, programs, and activities. Title II: Authorization of Appropriations for Increased Funding for Radio Free Asia and Voice of America - Authorizes appropriations for International Broadcasting Activities for FY 1998 and 1999 in addition to sums previously authorized. Details allocation of such additional appropriations for Radio Free Asia. Instructs the Director of the United States Information Agency and the Board of Broadcasting Governors to seek to ensure that funds made available for broadcasting to nations whose people do not fully enjoy freedom of expression do not decline in proportion to amounts made available for broadcasting to other nations. (Sec. 202) Directs the President to report to the Congress on a plan to achieve continuous broadcasting of Radio Free Asia and Voice of America in multiple major dialects and languages to the People's Republic of China. (Sec. 203) Reduces authorization of appropriations for FY 1998 and 1999 for Migration and Refugee Assistance. Title III: Miscellaneous Provisions - Authorizes appropriations for FY 1998 and 1999 to support personnel in the United States Embassy in Beijing as well as in selected American consulates to monitor political repression in the People's Republic of China. Expresses the sense of the Congress that: (1) the President should make freedom of religion one of the major objectives of U.S. foreign policy with respect to China; (2) the Department of State should raise the issue of individuals imprisoned or otherwise harassed by the Chinese Government on religious grounds and request a complete and timely response from the Chinese Government regarding the individuals' whereabouts and condition, the charges against them, and the sentence imposed; and (3) the goal of official communications should be the expeditious release of all religious prisoners in China and the end of religious harassment and repression.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Financial Institutions to Fight Human Trafficking Act of 2018''. SEC. 2. ANTI-MONEY LAUNDERING INFORMATION PROVIDERS. (a) In General.--Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 5333. Anti-money laundering information providers ``(a) Cooperation Among Financial Institutions and Sources of Information on Human Trafficking and Money Laundering.-- ``(1) In general.--Not later than the end of the 120-day period beginning on the date of enactment of this section, the Secretary of the Treasury shall issue regulations to allow nonprofit organizations that the Secretary determines to be qualified to share information with financial institutions, associations of financial institutions, their regulatory authorities, and law enforcement agencies regarding individuals, entities, organizations, and countries suspected of possible human trafficking or related money laundering activities. ``(2) Cooperation and information sharing procedures.--The regulations required under paragraph (1) may include or create procedures for cooperation and information sharing focused on-- ``(A) matters specifically related to those benefitting directly and indirectly from human trafficking, the means by which human traffickers transfer funds within the United States and around the world, and the extent to which financial institutions, including depository institutions, asset managers, and insurers in the United States, are unwittingly involved in such matters or transfers and the extent to which such entities are at risk as a result; and ``(B) means of facilitating the identification of accounts and transactions involving human traffickers and facilitating the exchange of information concerning such accounts and transactions between nonprofit organizations, financial institutions, regulatory authorities, and law enforcement agencies. ``(3) Method of regulation.--The regulations required under paragraph (1) may-- ``(A) be made coextensive with the regulations adopted pursuant to other programs, regulated by the Secretary, for sharing information on unlawful activities between financial institutions; ``(B) establish a registration process overseen by the Secretary that-- ``(i) requires a nonprofit organization to demonstrate that they meet certain qualifications that the Secretary determines appropriate, including the establishment of policies and procedures reasonably designed to ensure the prompt identification and correction of inaccurate information shared under paragraph (1); ``(ii) allows the Secretary to disqualify nonprofit organizations that do not meet such qualifications; and ``(iii) allows the Secretary to terminate the registration of a nonprofit organization at any point if the Secretary determines such termination is appropriate and provides sufficient notice of such termination to the applicable nonprofit organization; ``(C) require a nonprofit organization to register with the Secretary before sharing information that will be subject to the safe harbor provided under subsection (b); and ``(D) ensure that financial institutions, associations of financial institutions, their regulatory authorities, law enforcement authorities, and any other appropriate entities are made aware of those nonprofit organizations that are registered with the Secretary. ``(4) Recipients of information.-- ``(A) In general.--The Secretary shall determine those financial institutions which are eligible to be recipients of information from nonprofit organizations made in compliance with the regulations issued under subsection (a). Such eligible financial institutions may include those already participating in existing information sharing programs regulated by the Secretary regarding unlawful activity. ``(B) No safe harbor for information provided to other financial institutions.--If a nonprofit organization shares information with a financial institution that is not eligible under subparagraph (A), such sharing of information shall not be subject to the safe harbor provided under subsection (b). ``(5) Information sharing between financial institutions.-- The regulations adopted pursuant to this section-- ``(A) may be coextensive with other regulations governing the sharing of information between financial institutions on suspected unlawful activities; and ``(B) shall allow financial institutions that receive information in compliance with the regulations issued under subsection (a) to share such information with other financial institutions through existing information sharing programs. ``(b) Safe Harbor for Information Providers.-- ``(1) In general.--A nonprofit organization, financial institution, association of financial institutions, regulatory authority of a financial institution, or law enforcement agency in compliance with the regulations issued under subsection (a) that transmits or shares information described under subsection (a) for the purposes of identifying or reporting activities that may involve human trafficking acts or related money laundering activities shall not be liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision thereof, or under any contract or other legally enforceable agreement (including any arbitration agreement), for such disclosure or for any failure to provide notice of such disclosure to the person who is the subject of such disclosure, or any other person identified in the disclosure, except where such transmission or sharing violates this section or regulations issued pursuant to this section. ``(2) No good faith requirement.--A nonprofit organization, financial institution, association of financial institutions, regulatory authority of a financial institution, or law enforcement agency that transmits or shares information described under paragraph (1) shall not be required to demonstrate that such transmission or sharing was made on a good faith basis in order to receive the benefit of the safe harbor provided by paragraph (1). ``(c) Non-Mandatory Compliance With This Section.--This section may not be construed as requiring a nonprofit organization to comply with the regulations issued under subsection (a) before sharing information with a financial institution, association of financial institutions, regulatory authority of a financial institution, or law enforcement agency. ``(d) Reports to the Financial Services Industry on Suspicious Financial Activities.--Beginning 10 months after the date of the enactment of this section, and at least semiannually thereafter, the Secretary of the Treasury shall-- ``(1) publish a report containing a detailed analysis identifying patterns of suspicious activity and other investigative insights derived from the regulations issued under this section and investigations conducted by Federal, State, local, and Tribal law enforcement agencies to the extent appropriate; ``(2) distribute such report to financial institutions; and ``(3) provide such report upon publication to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(e) Nonprofit Organization Defined.--For purposes of this section, the term `nonprofit organization' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.''. (b) Clerical Amendment.--The table of contents for chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5332 the following: ``5333. Anti-money laundering information providers.''. Passed the House of Representatives September 26, 2018. Attest: KAREN L. HAAS, Clerk.

Empowering Financial Institutions to Fight Human Trafficking Act of 2018 (Sec. 2) This bill allows a qualified nonprofit organization to share information with financial institutions and other authorities regarding possible human trafficking or related money laundering activities. The Department of the Treasury must determine which financial institutions are eligible to receive this information. Nonprofit organizations, financial institutions, and other authorities shall not be held liable for sharing this information in compliance with specified regulations.

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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Patient Right to Know Act''. (b) Findings.--Congress finds the following: (1) Patients need access to all relevant information to make appropriate decisions about their health care. (2) Open medical communications between health care providers and their patients is a key to prevention and early diagnosis and treatment, as well as to informed consent and quality, cost-effective care. (3) Open medical communications are in the best interests of patients. (4) Open medical communications must meet applicable legal and ethical standards of care. (5) It is critical that health care providers continue to exercise their best medical, ethical, and moral judgment in advising patients without interference from health plans. (6) The offering and operation of health plans affect commerce among the States. (c) Purpose.--It is the purpose of this Act to establish a Federal standard that protects medical communications between health care providers and patients. SEC. 2. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL COMMUNICATIONS. (a) Prohibition.-- (1) General rule.--The provisions of any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan (including any partnership, association, or other organization that enters into or administers such a contract or agreement) and a health care provider (or group of health care providers) shall not prohibit or restrict the provider from engaging in medical communications with his or her patient. (2) Nullification.--Any contract provision or agreement described in paragraph (1) shall be null and void. (3) Prohibition on provisions.--Effective on the date described in section 5, a contract or agreement described in paragraph (1) shall not include a provision that violates paragraph (1). (b) Rules of Construction.--Nothing in this Act shall be construed-- (1) to prohibit the enforcement, as part of a contract or agreement to which a health care provider is a party, of any mutually agreed upon terms and conditions, including terms and conditions requiring a health care provider to participate in, and cooperate with, all programs, policies, and procedures developed or operated by a health plan to assure, review, or improve the quality and effective utilization of health care services (if such utilization is according to guidelines or protocols that are based on clinical or scientific evidence and the professional judgment of the provider) but only if the guidelines or protocols under such utilization do not prohibit or restrict medical communications between providers and their patients; or (2) to permit a health care provider to misrepresent the scope of benefits covered under a health plan or to otherwise require the plan to reimburse providers for benefits not covered under the plan (c) Enforcement.-- (1) State authority.--Except as otherwise provided in this subsection, each State shall enforce the provisions of this Act with respect to health insurance issuers that issue, sell, renew, or offer health plans in the State. (2) Enforcement by secretary.-- (A) In general.--Effective on January 1, 1998, if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements of this Act with respect to health insurance issuers in the State, the Secretary shall enforce the requirements of this Act with respect to such State. (B) Enforcement through imposition of civil money penalty.-- (i) In general.--With respect to a State in which the Secretary is enforcing the requirements of this Act, an entity operating a health plan in that State that violates subsection (a) shall be subject to a civil money penalty of up to $25,000 for each such violation. (ii) Procedures.--For purposes of imposing a civil money penalty under clause (i), the provisions of subparagraphs (C) through (G) of section 2722(b)(2) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 300gg-22(b)(2)) shall apply except that the provisions of clause (i) of subparagraph (C) of such section shall not apply. (3) Self-insured plans.--Effective on January 1, 1998, the Secretary of Labor shall enforce the requirements of this section in the case of a health plan not subject to State regulation by reason of section 514(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)). (4) Rule of construction.--Nothing in this Act shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). (d) No Preemption of More Protective Laws.--A State may establish or enforce requirements with respect to the protection of medical communications, but only if such requirements are equal to or more protective of such communications than the requirements established under this section. SEC. 3. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means anyone licensed or certified under State law to provide health care services who is operating within the scope of such license. (2) Health insurance issuer.--The term ``health insurance issuer'' has the meaning given such term in section 2791(b)(2) of the Public Health Service Act (as added by the Health Insurance Portability and Accountability Act of 1996). (3) Health plan.--The term ``health plan'' means a group health plan (as defined in section 2791(a) of the Public Health Service Act (as added by the Health Insurance Portability and Accountability Act of 1996)) and any individual health insurance (as defined in section 2791(b)(5)) operated by a health insurance issuer and includes any other health care coverage provided through a private or public entity. In the case of a health plan that is an employee welfare benefit plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974), any third party administrator or other person with responsibility for contracts with health care providers under the plan shall be considered, for purposes of enforcement under this section, to be a health insurance issuer operating such health plan. (4) Medical communication.-- (A) In general.--The term ``medical communication'' means any communication made by a health care provider with a patient of the health care provider (or the guardian or legal representative of such patient) with respect to-- (i) the patient's health status, medical care, or legal treatment options; (ii) any utilization review requirements that may affect treatment options for the patient; or (iii) any financial incentives that may affect the treatment of the patient. (B) Misrepresentation.--The term ``medical communication'' does not include a communication by a health care provider with a patient of the health care provider (or the guardian or legal representative of such patient) if the communication involves a knowing or willful misrepresentation by such provider. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act, except that section 2(a)(3) shall take effect 180 days after such date of enactment.

Patient Right to Know Act - Prohibits any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan (including any partnership, association, or other organization that enters into or administers such a contract or agreement) and a health care provider (or group of health care providers) from prohibiting or restricting the provider from engaging in medical communications with his or her patient. Requires that each State shall enforce this Act with respect to health insurance issuers that sell, renew, or offer health plans in the State. Provides for enforcement of this Act by the Secretary of Health and Human Services if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements. Mandates a civil money penalty. Allows State requirements equal to or more protective of medical communications than the requirements of this Act. Defines "medical communication" as being a communication between a provider and a patient (or the patient's guardian or legal representative) regarding the patient's health status, medical care, or legal treatment options.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Wholesale Motor Fuel Fairness and Competition Restoration Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) both wholesale and retail motor fuel prices are the result of a number of complex factors, including those related to supply, refining, consumer demand, and oil company cost, pricing, and marketing practices; (2) certain cost, pricing, and marketing practices employed by the oil companies are unfair and anticompetitive, and contribute to the unjustified price of retail motor fuel charged the American consumer; (3) among the unfair and anticompetitive oil company practices are price zoning, redlining, discriminatory wholesale motor fuel pricing, and a complex system of cost allocation that hides the factors on which wholesale costs are based; (4) the oil companies' practice known as price zoning is one by which prices for motor fuel are set solely because of the retail station's geographic location unrelated to cost-of- business factors; (5) price zoning allows an oil company to artificially increase or depress retail motor fuel prices in order to secure an unfair market advantage against competitors; (6) the oil companies engage in a practice known as redlining, whereby a refiner refuses to sell motor fuel to distributors or particular geographic markets; (7) redlining allows an oil company to force concessions from a distributor and affords the company the opportunity to exert undue influence in a particular area or region; (8) the oil companies engage in a practice of discriminatory wholesale pricing of motor fuel based on the relationship of the purchaser to the oil company and the degree of competition they provide; (9) discriminatory pricing allows oil companies to charge different wholesale prices to company owned and operated retail stations, franchisees, and independent retailers though all may be situated in the same community and face the same competitive and operating factors; (10) the oil companies engage in a complex system of cost allocations by which they employ rebates, incentives, credits, and market enhancement allowances that hide the factors on which wholesale prices are based or published; (11) the complex system of cost allocation allows oil companies to post a ``wholesale price'' that is far different from the actual wholesale price that would be revealed if the cost factors were publicly identified and appropriately allocated; and (12) it is appropriate for the Federal Government to prohibit these unfair oil company cost, pricing, and marketing practices, to restore fair and competitive practices to the wholesale sale of motor fuel, and to allow American consumers to assess for themselves the factors that contribute to the price changes they pay at the retail pump. SEC. 3. PRICE DISCRIMINATION PROHIBITION. (a) Prohibition.-- (1) In general.--It shall be a violation of this Act for an owner or operator of a terminal facility to sell motor fuel from the terminal facility to a distributor or retailer at a price in excess of the price it charges any other distributor or retailer, including a distributor or retailer which it owns or with which it is affiliated. (2) Price determination.--For purposes of this subsection, the price an owner or operator of a terminal facility charges a distributor or retailer which it owns or with which it is affiliated shall be the price determined pursuant to the regulations issued under section 4(a). (3) Exception.--A sale shall not be in violation of this subsection if it is made pursuant to the terms of a franchise or sales contract entered into before October 17, 2000. (b) Civil Penalty.--The Federal Trade Commission may assess a civil penalty, not to exceed $1,000,000, for each violation described in subsection (a). (c) Criminal Penalty.--Whoever knowingly violates subsection (a) shall be fined under title 18, United States Code, or imprisoned not more than 5 years. (d) Effective Date.--This section shall take effect 6 months after the date of the enactment of this Act. SEC. 4. FULL DISCLOSURE. (a) Requirement.--The Federal Trade Commission, in consultation with the Secretary of Energy, shall issue regulations requiring full disclosure by refiners and distributors of their wholesale motor fuel pricing policies, including rebates, incentives, and market enhancement allowances. Such regulations shall establish procedures for determining the price an owner or operator of a terminal facility charges a distributor or retailer which it owns or with which it is affiliated. (b) Effective Date.--The regulations issued under subsection (a) shall take effect 6 months after the date of the enactment of this Act. (c) Public Dissemination.--The Federal Trade Commission shall ensure that all information acquired pursuant to the regulations issued under subsection (a) are made available to the public, except trade secrets and commercial or financial information protected from disclosure under subsection (b)(4) of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). Such information may be disseminated through the Energy Information Administration. SEC. 5. OWNERSHIP STUDY AND REPORT. Not later than 18 months after the date of the enactment of this Act, the Federal Trade Commission, in consultation with the Secretary of Energy, shall transmit to the Congress a report containing the results of a study of whether ownership or operation by a refiner of a facility for the retail sale of motor fuel has anticompetitive effects on the price of motor fuel. Such report shall include any recommendations for legislative or administrative actions the Federal Trade Commission, in consultation with the Secretary of Energy, considers appropriate. SEC. 6. DEFINITIONS. For purposes of this Act, any term defined in section 101 of the Petroleum Marketing Practices Act (15 U.S.C. 2801) shall have the meaning given the term in that Act.

Sets forth civil and criminal penalties for violations of such prohibition. Directs the Federal Trade Commission to: (1) promulgate regulations requiring full disclosure by refiners and distributors of their wholesale motor fuel pricing policies, including rebates, incentives, and market enhancement allowances; (2) ensure that all such information is made available to the public; and (3) report to Congress the results of a study whether ownership or operation by a refiner of a facility for the retail sale of motor fuel has anticompetitive effects on the price of motor fuel.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening the Health Care Safety Net Act of 2009''. SEC. 2. APPLICATION OF UNEXPENDED MEDICAID DSH ALLOTMENTS FOR INCREASED ALLOTMENTS FOR LOW DSH STATES AND FOR HEALTH NETWORK ACCESS GRANTS. (a) Establishment of DSH Redistribution Pool From Unexpended Medicaid DSH Allotments.--Subsection (f) of section 1923 of the Social Security Act (42 U.S.C. 1396r-4) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: ``(7) DSH redistribution pool from portion of unexpended dsh allotments to fund increase in allotments for low dsh states and health network access grants.-- ``(A) Establishment.--There is established a DSH redistribution pool in the amount provided under this paragraph. Such amount shall be determined by the Secretary at the beginning of each fiscal year and the Secretary may adjust such amount in subsequent fiscal years to take into account errors in estimates made for previous fiscal years. The amount in such pool shall be available for obligation and expenditure without fiscal year limitation. ``(B) Addition of unexpended dsh allotments.--At the beginning of each fiscal year (beginning with fiscal year 2010), there shall be added to the DSH redistribution pool an amount equal to the amount by which-- ``(i) the total of the DSH allotments for all States for the third preceding fiscal year; exceeded ``(ii) the total Federal financial participation under this title attributable to such allotments for such fiscal year. ``(C) Reduction for expenditures resulting from increased allotments for low dsh states and for health network access grants.--At the beginning of each fiscal year (beginning with fiscal year 2011), there shall be subtracted from the DSH redistribution pool an amount equal to the sum of-- ``(i) the aggregate increase in Federal financial participation under this title attributable to the amendments made by section 2(b) of the Strengthening the Health Care Safety Net Act of 2009 for the previous fiscal year; and ``(ii) the amount obligated on grants under subsection (k) for such previous fiscal year.''. (b) Increase in DSH Allotments for Low DSH States; Qualification of Low DSH States Based on Fiscal Year 2005 Data.--Subsection (f)(5) of such section is amended-- (1) in subparagraph (B)-- (A) by striking ``and'' at the end of clause (ii); (B) in clause (iii)-- (i) by striking ``2009'' and inserting ``2015''; (ii) by inserting ``, subject to subparagraph (D),'' after ``shall be''; and (iii) by redesignating such clause as clause (iv); and (C) by inserting after clause (ii) the following new clause: ``(iii) each succeeding fiscal year before fiscal year 2015 shall be, subject to subparagraph (D), the DSH allotment for the State for the previous fiscal year increased by 16 percent; and''; and (2) by adding at the end the following new subparagraphs: ``(C) Additional states covered for fiscal year 2010 and subsequent years.--In the case of a State not described in subparagraph (B) in which the total expenditures under the State plan (including Federal and State shares) for disproportionate share hospital adjustments under this section for fiscal year 2005, as reported to the Administrator of the Centers for Medicare & Medicaid Services as of August 31, 2008, is greater than 0 but less than 3 percent of the State's total amount of expenditures under the State plan for medical assistance during the fiscal year, the DSH allotment for the State with respect to-- ``(i) fiscal year 2010 and any succeeding fiscal year before fiscal year 2015 shall be, subject to subparagraph (D), the DSH allotment for the State for the previous fiscal year increased by 16 percent; and ``(ii) any subsequent fiscal year shall be, subject to subparagraph (D), the DSH allotment for the State for the previous fiscal year subject to an increase for inflation as provided in paragraph (3)(A). ``(D) Limitation on increases to amount available from dsh redistribution pool.--If the Secretary estimates for a fiscal year (beginning with fiscal year 2010) that-- ``(i) the amount of additional expenditures in the fiscal year resulting from the application of an increase in DSH allotments under subparagraphs (B) and (C) beginning with fiscal year 2010 of 16 percent (instead of the application of an increase for inflation as provided in paragraph (3)(A)), exceeds ``(ii) the amount available for obligation from the DSH redistribution pool under paragraph (7) for the fiscal year, the Secretary shall reduce the increase in the DSH allotments otherwise provided under such subparagraphs for the fiscal year in a pro-rata manner so that the amount of additional expenditures in the fiscal year resulting from the application of such subparagraphs is equal to the amount described in clause (ii) for the fiscal year. A reduction in a DSH allotment for a State under this subparagraph shall not affect the computation of the DSH allotment for the State under subparagraph (B) or (C) for the subsequent fiscal year.''. (c) Demonstration Grants to Health Access Networks.--Such section is further amended by adding at the end the following new subsection: ``(k) Demonstration Grants to Health Access Networks.-- ``(1) In general.--From the amount of funds made available under paragraph (6)(A) of this subsection from funds made available under subsection (d)(7) for a fiscal year, the Secretary shall award demonstration grants under this subsection to health access networks for such fiscal year for the purpose of improving access, quality, and continuity of care for uninsured individuals through better coordination of care by the network. ``(2) Health access network defined.-- ``(A) In general.--In this subsection, the term `health access network' means an entity representing a collection of safety net providers, including hospitals, community health centers, public health departments, physicians, safety net health plans, federally qualified health centers, or other recognized safety net providers, that-- ``(i) is organized for the purpose of restructuring and improving the access, quality, and continuity of care to the uninsured and underinsured; and ``(ii) offers patients access to all levels of care, including primary, outpatient, specialty, certain ancillary services, and acute inpatient care, within a community or across a broad spectrum of providers across a service region or State. ``(B) Inclusion of section 330 networks and plans.--Such term includes networks and plans that meet the requirements for funding under section 330(e)(1)(C) of the Public Health Service Act (42 U.S.C. 254b(e)(1)(C)). ``(C) Inclusion of integrated health care systems.-- ``(i) In general.--Such term also includes an integrated health care system (including a pediatric system). ``(ii) Definition.--For purposes of this subparagraph, the term `integrated health care system (including a pediatric system)' means a health care provider that-- ``(I) is organized to provide care in a coordinated fashion; and ``(II) assures access to a full range of primary, specialty, and hospital care, to uninsured and under- insured individuals, as appropriate. ``(3) Application and plan requirement.-- ``(A) In general.--In order to be eligible for a grant under this subsection, a health access network shall-- ``(i) submit an application, in such form and manner as the Secretary shall specify; ``(ii) submit with such application a plan that meets the requirements of subparagraph (B); ``(iii) identify in such plan measurable performance targets for at least 3 of the goals described in subparagraph (B); and ``(iv) agree that a portion of the payment of grant funds for patient care services after the first year for which such payment is made shall be contingent upon the health access network demonstrating success in achieving such targets. ``(B) Plan requirements.--A health access network that desires a grant under this subsection shall submit a plan to the Secretary that details how the network intends through the grant-- ``(i) to manage costs associated with the provision of health care services to uninsured and underinsured individuals served by the network; ``(ii) to improve access to, and the availability of, health care services provided to uninsured and underinsured individuals served by the network; ``(iii) to enhance the quality and coordination of health care services provided to uninsured and underinsured individuals served by the network; ``(iv) to improve the health status of uninsured and underinsured individuals served by the network; and ``(v) to reduce health disparities in the population of uninsured and underinsured individuals served by the network. Nothing in this paragraph shall be construed as requiring a health access network operating in a State to operate on a statewide basis or otherwise to serve all uninsured and underinsured individuals in area served. ``(C) Authority to limit number of grants.--In awarding grants under this subsection, the Secretary may limit the grants in a manner so that each grantee is able to provide patient care services to the number of uninsured individuals specified by each network in its grant application. ``(4) Use of funds.-- ``(A) In general.--A health access network that receives funds under a grant under this subsection shall expend an amount equal to at least 90 percent of such funds for the provision of (or payment for) direct patient care services. ``(B) Rule of construction regarding direct patient care services.--For purposes of subparagraph (A), the term `direct patient care services' means, with respect to a health access network, services, such as specialty medical care and diagnostic services, that are not available or are insufficiently available through the network's providers other than under a grant under this subsection. ``(C) Preference for services through safety net providers.--In purchasing direct patient care services for uninsured and underinsured individuals under a grant under this subsection, health access networks shall, to the maximum extent feasible, endeavor to purchase such services from safety net providers. ``(5) Supplement, not supplant.--Funds paid to a health access network under a grant under this subsection shall supplement and not supplant, other Federal or State payments that are made to the network to support the provision of health care services to low-income or uninsured patients. ``(6) Funding.-- ``(A) Availability of funds from dsh redistribution pool.--To carry out this subsection there is hereby made available for each fiscal year (beginning with fiscal year 2010 and ending with fiscal year 2014) and appropriated from the DSH redistribution pool established under subsection (d)(7), an amount equal to-- ``(i) the amount available for obligation from such pool in such fiscal year, reduced by ``(ii) the Secretary's estimate of the aggregate increase in Federal financial participation under this title for the fiscal year that will be attributable to the amendments made by section 2(b) of the Strengthening the Health Care Safety Net Act of 2009. ``(B) Treatment of grant funds.--Payments to a health access network under a grant under this subsection shall not be treated as a disproportionate share hospital payment adjustments under this section and shall not be counted against the DSH allotment for any State. ``(C) No state matching required.--Nothing in this subsection shall be construed as requiring a State to provide for any State matching funds to receive funds under this subsection. ``(D) Availability.--The amount of any grant to a health access network under this subsection shall remain available for expenditure under the grant through the end of the third fiscal year after the fiscal year in which the grant is made.''. (d) Conforming Date of Application of DSH Hospital Requirement to Availability of Funding for Low DSH States.--Subsection (d)(2)(A)(ii) of such section is amended by inserting before the period at the end the following: ``(or, in the case of a low DSH State described in subparagraph (B) or (C) of subsection (f)(5), the date of the enactment of the Strengthening the Safety Net Act of 2009)''. (e) Reporting Using Unified Reporting Document.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall develop a unified reporting document for all disproportionate share hospital (DSH) allocations and expenditures under section 1923 of the Social Security Act. Beginning in fiscal year 2010 each State receiving a DSH allocation under such section shall be required by the Secretary to report all expenditures against the allocation using such unified reporting document. This requirement shall apply to States regardless of whether the DSH expenditures occur through a waiver. (f) Effective Date.--The amendments made by this section shall apply beginning with fiscal year 2010.

Strengthening the Health Care Safety Net Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to establish a disproportionate share hospital (DSH) redistribution pool from unexpended Medicaid DSH allotments to fund an increase in allotments for low DSH states. Directs the Secretary of Health and Human Services to award demonstration grants to health access networks to improve access, quality, and continuity of care for uninsured individuals through better coordination of care by such networks.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Infrastructure Financing Improvement Act of 1997''. SEC. 2. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS. (a) Amendment to Title 49, United States Code.--Part B of subtitle V of title 49, United States Code, is amended by inserting after chapter 221 the following new chapter: ``CHAPTER 223--RAIL INFRASTRUCTURE AND EQUIPMENT LOANS ``Sec. ``22301. Definitions. ``22302. Direct loans and loan guarantees. ``22303. Administration of direct loans and loan guarantees. ``SEC. 22301. DEFINITIONS. ``For purposes of this chapter: ``(1)(A) The term `cost' means the estimated long-term cost to the Government of a direct loan or loan guarantee, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays. ``(B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following cash flows: ``(i) Loan disbursements. ``(ii) Repayments of principal. ``(iii) Payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries. ``(C) The cost of a loan guarantee shall be the net present value when a guaranteed loan is disbursed, of the following cash flows: ``(i) Estimated payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments. ``(ii) Estimated payments to the Government, including origination and other fees, penalties, and recoveries. ``(D) Any Government action that alters the estimated net present value of an outstanding direct loan or loan guarantee (except modifications within the terms of existing contracts or through other existing authorities) shall be counted as a change in the cost of that direct loan or loan guarantee. The calculation of such changes shall be based on the estimated present value of the direct loan or loan guarantee at the time of modification. ``(E) In estimating net present values, the discount rate shall be the average interest rate on marketable Treasury securities of similar maturity to the direct loan or loan guarantee for which the estimate is being made. ``(2) The term `direct loan' means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds. The term includes the purchase of, or participation in, a loan made by another lender. The term does not include the acquisition of a federally guaranteed loan in satisfaction of default claims. ``(3) The term `direct loan obligation' means a binding agreement by the Secretary of Transportation to make a direct loan when specified conditions are fulfilled by the borrower. ``(4) The term `loan guarantee' means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. ``(5) The term `loan guarantee commitment' means a binding agreement by the Secretary to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. ``(6) The term `railroad carrier' has the meaning given that term in section 20102. ``SEC. 22302. DIRECT LOANS AND LOAN GUARANTEES. ``(a) General Authority.--The Secretary of Transportation may provide direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, and railroad carriers. ``(b) Eligible Purposes.-- ``(1) In general.--Direct loans and loan guarantees under this section shall be used to-- ``(A) acquire, improve, or rehabilitate rail equipment or facilities, including track, components of track, bridges, yards, buildings, and shops; ``(B) refinance outstanding debt incurred for the purposes described in subparagraph (A); or ``(C) develop or establish new railroad facilities. ``(2) Operating expenses not eligible.--Direct loans and loan guarantees under this section shall not be used for railroad operating expenses. ``(c) Priority Projects.--In granting applications for direct loans or guaranteed loans under this section, the Secretary shall give priority to projects that-- ``(1) enhance public safety; ``(2) enhance the environment; ``(3) promote economic development; ``(4) enable United States companies to be more competitive in international markets; ``(5) are endorsed by the plans prepared under section 135 of title 23 by the State or States in which they are located; or ``(6) preserve rail service to small communities or rural areas. ``(d) Extent of Authority.--The aggregate unpaid principal amounts of obligations under direct loans and loan guarantees made under this section shall not exceed $5,000,000,000 at any one time. ``(e) Rates of Interest.-- ``(1) Direct loans.--The Secretary shall require interest to be paid on a direct loan made under this section at a rate not less than that necessary to recover the cost of making the loan. ``(2) Loan guarantees.--The Secretary shall not make a loan guarantee under this section if the interest rate for the loan exceeds that which the Secretary determines to be reasonable, taking into consideration the prevailing interest rates and customary fees incurred under similar obligations in the private capital market. ``(f) Infrastructure Partners.-- ``(1) Authority of secretary.--In lieu of or in combination with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section 504(b)(1) of the Federal Credit Reform Act of 1990, the Secretary may accept on behalf of an applicant for assistance under this section a commitment from a non-Federal source to fund in whole or in part credit risk premiums with respect to the loan that is the subject of the application. In no event shall the aggregate of appropriations of budget authority and credit risk premiums described in this paragraph with respect to a direct loan or loan guarantee be less than the cost of that direct loan or loan guarantee. ``(2) Credit risk premium amount.--The Secretary shall determine the amount required for credit risk premiums under this subsection on the basis of-- ``(A) the circumstances of the applicant, including the amount of collateral offered; ``(B) the proposed schedule of loan disbursements; ``(C) historical data on the repayment history of similar borrowers; ``(D) consultation with the Congressional Budget Office; and ``(E) any other factors the Secretary considers relevant. ``(3) Payment of premiums.--Credit risk premiums under this subsection shall be paid to the Secretary before the disbursement of loan amounts. ``(4) Cohorts of loans.--In order to maintain sufficient balances of credit risk premiums to adequately protect the Federal Government from risk of default, while minimizing the length of time the Government retains possession of those balances, the Secretary shall establish cohorts of loans. When all obligations attached to a cohort of loans have been satisfied, credit risk premiums paid for the cohort, and interest accrued thereon, which were not used to mitigate losses shall be returned to the original source on a pro rata basis. ``(g) Prerequisites for Assistance.--The Secretary shall not make a direct loan or loan guarantee under this section unless the Secretary has made a finding in writing that-- ``(1) repayment of the obligation is required to be made within a term of not more than 25 years from the date of its execution; ``(2) the direct loan or loan guarantee is justified by the present and probable future demand for rail services; ``(3) the applicant has given reasonable assurances that the facilities or equipment to be acquired, rehabilitated, improved, developed, or established with the proceeds of the obligation will be economically and efficiently utilized; ``(4) the obligation can reasonably be repaid, using an appropriate combination of credit risk premiums and collateral offered by the applicant to protect the Federal Government; and ``(5) the purposes of the direct loan or loan guarantee are consistent with subsection (b). ``(h) Conditions of Assistance.--The Secretary shall, before granting assistance under this section, require the applicant to agree to such terms and conditions as are sufficient, in the judgment of the Secretary, to ensure that, as long as any principal or interest is due and payable on such obligation, the applicant, and any railroad carrier for whose benefit the assistance is intended-- ``(1) will not use any funds or assets from railroad operations for nonrail purposes, if such use would impair the ability of the applicant or railroad carrier to provide rail services in an efficient and economic manner, or would adversely affect the ability of the applicant or railroad carrier to perform any obligation entered into by the applicant under this section; ``(2) will, consistent with its capital resources, maintain its capital program, equipment, facilities, and operations on a continuing basis; and ``(3) will not make any discretionary dividend payments that unreasonably conflict with the purposes stated in subsection (b). ``SEC. 22303. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES. ``(a) Applications.--The Secretary of Transportation shall prescribe the form and contents required of applications for assistance under section 22302, to enable the Secretary to determine the eligibility of the applicant's proposal, and shall establish terms and conditions for direct loans and loan guarantees made under that section. ``(b) Full Faith and Credit.--Loan guarantees made under section 22302 shall constitute general obligations of the United States backed by the full faith and credit of the United States. ``(c) Assignment of Loan Guarantees.--The holder of a loan guarantee made under section 22302 may assign the loan guarantee in whole or in part, subject to such requirements as the Secretary may prescribe. ``(d) Modifications.--The Secretary may approve the modification of any term or condition of a direct loan, loan guarantee, direct loan obligation, or loan guarantee commitment, including the rate of interest, time of payment of interest or principal, or security requirements, if the Secretary finds in writing that-- ``(1) the modification is equitable and is in the overall best interests of the United States; and ``(2) consent has been obtained from the applicant and, in the case of a loan guarantee or loan guarantee commitment, the holder of the obligation. ``(e) Compliance.--The Secretary shall assure compliance, by an applicant, any other party to the loan, and any railroad carrier for whose benefit assistance is intended, with the provisions of this Act, regulations issued hereunder, and the terms and conditions of the direct loan or loan guarantee, including through regular periodic inspections. ``(f) Commercial Validity.--For purposes of claims by any party other than the Secretary, a loan guarantee or loan guarantee commitment shall be conclusive evidence that the underlying obligation is in compliance with the provisions of this Act, and that such obligation has been approved and is legal as to principal, interest, and other terms. Such a guarantee or commitment shall be valid and incontestable in the hands of a holder thereof, including the original lender or any other holder, as of the date when the Secretary granted the application therefor, except as to fraud or material misrepresentation by such holder. ``(g) Default.--The Secretary shall prescribe regulations setting forth procedures in the event of default on a loan made or guaranteed under section 22302. The Secretary shall ensure that each loan guarantee made under that section contains terms and conditions that provide that-- ``(1) if a payment of principal or interest under the loan is in default for more than 30 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, the amount of unpaid guaranteed interest; ``(2) if the default has continued for more than 90 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, 90 percent of the unpaid guaranteed principal; ``(3) after final resolution of the default, through liquidation or otherwise, the Secretary shall pay to the holder of the obligation, or the holder's agent, any remaining amounts guaranteed but which were not recovered through the default's resolution; ``(4) the Secretary shall not be required to make any payment under paragraphs (1) through (3) if the Secretary finds, before the expiration of the periods described in such paragraphs, that the default has been remedied; and ``(5) the holder of the obligation shall not receive payment or be entitled to retain payment in a total amount which, together with all other recoveries (including any recovery based upon a security interest in equipment or facilities) exceeds the actual loss of such holder. ``(h) Rights of the Secretary.-- ``(1) Subrogation.--If the Secretary makes payment to a holder, or a holder's agent, under subsection (g) in connection with a loan guarantee made under section 22302, the Secretary shall be subrogated to all of the rights of the holder with respect to the obligor under the loan. ``(2) Disposition of property.--The Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, rent, sell, or otherwise dispose of any property or other interests obtained pursuant to this section. The Secretary shall not be subject to any Federal or State regulatory requirements when carrying out this paragraph. ``(i) Action Against Obligor.--The Secretary may bring a civil action in an appropriate Federal court in the name of the United States in the event of a default on a direct loan made under section 22302, or in the name of the United States or of the holder of the obligation in the event of a default on a loan guaranteed under section 22302. The holder of a guarantee shall make available to the Secretary all records and evidence necessary to prosecute the civil action. The Secretary may accept property in full or partial satisfaction of any sums owed as a result of a default. If the Secretary receives, through the sale or other disposition of such property, an amount greater than the aggregate of-- ``(1) the amount paid to the holder of a guarantee under subsection (g) of this section; and ``(2) any other cost to the United States of remedying the default, the Secretary shall pay such excess to the obligor. ``(j) Breach of Conditions.--The Attorney General shall commence a civil action in an appropriate Federal court to enjoin any activity which the Secretary finds is in violation of this Act, regulations issued hereunder, or any conditions which were duly agreed to, and to secure any other appropriate relief. ``(k) Attachment.--No attachment or execution may be issued against the Secretary, or any property in the control of the Secretary, prior to the entry of final judgment to such effect in any State, Federal, or other court. ``(l) Investigation Charge.--The Secretary may charge and collect from each applicant a reasonable charge for appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought, and for making necessary determinations and findings. Such charge shall not aggregate more than one-half of 1 percent of the principal amount of the obligation.''. (b) Conforming Amendment.--The table of chapters of subtitle V of title 49, United States Code, is amended by inserting after the item relating to chapter 221 the following: ``223. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS.............. 22301''. SEC. 3. TECHNICAL AND CONFORMING PROVISIONS. (a) Repeal.--Title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) is repealed. (b) Savings Provision.--A transaction entered into under the authority of title V of the Railroad Revitalization and Regulatory Reform Act of 1976 before the date of the enactment of this Act shall be administered until completion under its terms as if subsection (a) of this subsection were not enacted. (c) Technical and Conforming Amendments.--(1) Section 211(i) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721(i)) is repealed. (2) Section 306(b) of title 49, United States Code, is amended by striking ``title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and inserting in lieu thereof ``chapter 223 of this title''.

Railroad Infrastructure Financing Improvement Act of 1997 - Amends Federal railroad law to authorize the Secretary of Transportation to provide not more than $5 billion in direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, and railroad carriers to: (1) acquire, improve, or rehabilitate existing rail equipment or facilities, or establish new railroad facilities; or (2) refinance outstanding debt incurred in carrying out such activities. Sets forth specified conditions and eligibility requirements for such loans.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Construction Quality Assurance Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) In the construction industry, specialty subcontractors now perform the majority of construction work, in certain cases 100 percent of the work, under the management of a prime contractor, making the subcontractors' price and performance the key determinant in the overall cost of construction projects, including those performed for the Federal Government. (2) Detrimental practices known as ``bid shopping'' and ``bid peddling'' exist in the construction industry, including construction projects for the Federal Government. (3) ``Bid shopping'' occurs when a contractor, after award of a contract, contracts with subcontractors at a price less than the quoted price of the subcontractor upon which the contractor's fixed bid price was based, in order to increase the contractor's profit on the project without any benefit to the entity for which the contract is being performed. (4) ``Bid peddling'' occurs when a subcontractor that is not selected for inclusion in a contractor's team seeks to induce the contractor, after award of the contract, to substitute the subcontractor for another subcontractor whose bid price was reflected in the successful bid of the contractor by offering to reduce its price for performance of the specified work, suggesting that the previous offer of the subcontractor was padded or incorrect. (5) Bid shopping and bid peddling-- (A) threaten the integrity of the competitive bid system for construction that benefits the Federal Government, the construction industry, and the economy of the United States as a whole; (B) compromise national security by promoting uncertainty about which contractors actually perform work on critical infrastructure projects; (C) deprive taxpayers of the benefits of full and open competition among prospective contractors and subcontractors for the performance of Federal construction projects; (D) expose Federal construction projects to the dangers of substandard performance, substitution of lower quality materials, and other detrimental cost- cutting practices by an unscrupulous substituted subcontractor; and (E) can be effectively deterred in Federal construction by modifying the Federal Acquisition Regulation to require bid listing, which is the practice of requiring each offeror for a Federal construction contract to list the subcontractors whose performance is reflected in the bid price, procedures for the substitution of listed subcontractors for good cause, and other deterrents to abuse. SEC. 3. DEFINITIONS. In this Act: (1) Contract.--The term ``contract'' means any contract with the Federal Government, exceeding $1,000,000 in amount, for the construction, alteration, or repair of any public building or public work of the United States. (2) Contractor.--The term ``contractor'' means an individual or entity that has been awarded or is seeking to be awarded a construction contract by the Federal Government. (3) Subcontractor.--The term ``subcontractor'' means an individual or entity that subcontracts with a contractor in an amount in excess of $100,000 for work on a contract. SEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS ON CONSTRUCTION PROJECTS. (a) Requirement To List Subcontractors.-- (1) In general.--Each solicitation by an executive agency for the procurement of construction in an amount in excess of $1,000,000 shall require each bidder to submit as part of its bid the name, location of the place of business, and nature of the work of each subcontractor with whom the bidder, if awarded the contract, will subcontract for work in an amount in excess of $100,000 on the contract. (2) Requirements for specific categories.-- (A) Except as provided in subparagraphs (B) and (C), the bidder shall list only one subcontractor for each category of work as defined by the bidder in its bid or proposal. (B) A bidder may list multiple subcontractors for a category of work if each such subcontractor is listed to perform a discrete portion of the work within a category. (C) A bidder may list itself for any portion of work under the contract, which shall be deemed a representation by the bidder that it is fully qualified to perform that portion of the work itself and that the bidder will perform that portion itself. (3) Result of failure to list subcontractors.--An executive agency shall consider any bidder that fails to list subcontractors in accordance with this Act and the regulations promulgated pursuant to section 7 of this Act to be non- responsive and bids by such bidders shall not be considered. (b) Procedures for Substitution of a Listed Subcontractor.-- (1) Consent and good cause required.--No contractor shall substitute a subcontractor in place of the subcontractor listed in the original bid or proposal, except with the consent of the contracting officer for good cause. (2) Examples of good cause.--Good cause under paragraph (1) shall include the following: (A) Failure of the subcontractor to execute a written contract after a reasonable period if such written contract, based upon the terms, conditions, plans, and specifications of the contract and the terms of the subcontractor's bid or proposal, is presented to the subcontractor by the contractor. (B) Bankruptcy of the subcontractor. (C) The death or physical disability of the subcontractor, if the subcontractor is an individual. (D) Dissolution of the subcontractor, if the subcontractor is a corporation or partnership. (E) Failure of a subcontractor to meet the surety bond requirements specified by the bidder as a condition of the subcontractor to perform on the contract, if awarded to the bidder. (F) The subcontractor is ineligible to perform on the subcontract because the subcontractor is suspended, debarred, or otherwise ineligible to perform. (G) A series of failures by the subcontractor to perform in accordance with the specification, terms, and conditions of its subcontract resulting in the withholding of amounts requested by the subcontractor in accordance with section 3905 of title 31, United States Code, and the regulations implementing such section. (H) Failure of the subcontractor to comply with a requirement of law applicable to the subcontractor. (I) Failure or refusal of the subcontractor to perform the subcontract. (3) Requests for substitution.--A request of a contractor for a substitution of a listed subcontractor shall be submitted in writing to the contracting officer and shall include the reasons for the request. The contractor shall provide a copy of its request for substitution to the listed subcontractor by any means that provides written third-party verification of delivery to the last known address of the subcontractor. A subcontractor who has been so notified shall have five working days within which to submit written objections to the substitution to the contracting officer. Failure to file such written objections shall constitute the consent of the listed subcontractor to the substitution. (c) Limitation on Assignment, Transfer, or Substitution.-- (1) Limitation on assignment or transfer.--No contractor shall permit any subcontract to be voluntarily assigned or transferred or to be performed by any entity other than the subcontractor listed in the bid or proposal without the consent of the contracting officer. Consent of the contracting officer to a contractor for a substitution shall-- (A) be promptly made in writing; and (B) be included in the contract file. (2) Limitation on substitution.--No contractor that listed itself for a portion of the work under the contract shall subcontract any portion of the work for which it listed itself, unless authorized by the contracting officer to substitute one or more subcontractors to perform such work. SEC. 5. PENALTIES. (a) In General.-- (1) A contractor shall be subject to penalties if, without obtaining the approval of the contracting officer, the contractor-- (A) replaces a listed subcontractor for a contract with an executive agency; or (B) awards a subcontract to a subcontractor to perform work which the contractor had identified as work to be performed directly by the contractor. (2) A subcontractor shall also be subject to penalties if the subcontractor is determined to have knowingly participated in the failure of the contractor to comply with the regulatory provisions relating to the substitution of a listed subcontractor. (b) Amount of Penalties To Be Imposed.--The amount of penalties imposed under this section shall be equal to the greater of-- (1) 10 percent of the amount of the bid by the listed subcontractor; (2) the difference between the amount of the bid by the listed subcontractor and the amount of the bid by the substituted subcontractor; or (3) the difference between the amount of the bid by a substituted subcontractor and the dollar value specified by the contractor for the work which the contractor had listed for its own performance. (c) Source of Funds for Penalties.--Penalties assessed pursuant to this section shall be deducted from the remaining unpaid contract balance and deposited into the fund from which the contract was awarded. SEC. 6. GROUNDS FOR SUSPENSION OR DEBARMENT. The imposition of penalties on a contractor or subcontractor for failure to comply with the procedures for the substitution of subcontractors on 2 contracts within a 3-year period shall be deemed to be adequate evidence of the commission of an offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a Government contractor within the meaning of part 9.4 of the Federal Acquisition Regulation (Debarment, Suspension, and Eligibility) (48 CFR 9.4). SEC. 7. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION. (a) Proposed Revisions.--Proposed revisions to the Government-wide Federal Acquisition Regulation to implement the provisions in this Act shall be published not later than 120 days after the date of the enactment of this Act and provide not less than 60 days for public comment. (b) Final Regulations.--Final regulations shall be published not less than 180 days after the date of the enactment of this Act and shall be effective on the date that is 30 days after the date of publication.

Construction Quality Assurance Act of 2009 - Requires each solicitation by an executive agency for the procurement of construction in excess of $1 million to require each bidder to submit the name, business location, and nature of work of each subcontractor with whom such bidder will subcontract for work in excess of $100,000. Deems to be non-responsive, and prohibits consideration of, any bidder that fails to list such subcontractors. Prohibits a contractor from substituting another subcontractor for a listed subcontractor, permitting any subcontract to be voluntarily assigned or transferred, or subcontracting work for which the contractor listed itself, without the contracting officer's consent. Sets forth: (1) examples of good cause and procedures required for substitution requests; and (2) penalties for violations of such prohibitions, including suspension or debarment from federal contracts for multiple violations. Requires revisions to the Federal Acquisition Regulation to implement this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Unemployment Compensation Act of 2003''. SEC. 2. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION. (a) Entitlement to Additional Weeks.-- (1) In general.--Paragraph (1) of section 203(b) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended-- (A) in subparagraph (A), by striking ``50 percent'' and inserting ``100 percent''; and (B) in subparagraph (B), by striking ``13 times'' and inserting ``26 times''. (2) Repeal of restriction on augmentation during transitional period.--Section 208(b) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147), as amended by Public Law 108-1, is amended-- (A) in paragraph (1)-- (i) by striking ``paragraphs (2) and (3)'' and inserting ``paragraph (2)''; and (ii) by inserting before the period at the end the following: ``, including such compensation by reason of amounts deposited in such account after such date pursuant to the application of subsection (c) of such section''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). (3) Extension of transition limitation.--Section 208(b)(2) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147), as amended by Public Law 108-1 and as redesignated by paragraph (2), is amended by striking ``August 30, 2003'' and inserting ``December 31, 2003''. (4) Conforming amendment for augmented benefits.--Section 203(c)(1) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended by striking ``the amount originally established in such account (as determined under subsection (b)(1))'' and inserting ``7 times the individual's average weekly benefit amount for the benefit year''. (b) Effective Date and Application.-- (1) In general.--The amendments made by subsection (a) shall apply with respect to weeks of unemployment beginning on or after the date of enactment of this Act. (2) TEUC-X amounts deposited in account prior to date of enactment deemed to be the additional teuc amounts provided by this section.--In applying the amendments made by subsection (a) under the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 26), the Secretary of Labor shall deem any amounts deposited into an individual's temporary extended unemployment compensation account by reason of section 203(c) of such Act (commonly known as ``TEUC-X amounts'') prior to the date of enactment of this Act to be amounts deposited in such account by reason of section 203(b) of such Act, as amended by subsection (a) (commonly known as ``TEUC amounts''). (3) Application to exhaustees and current beneficiaries.-- (A) Exhaustees.--In the case of any individual-- (i) to whom any temporary extended unemployment compensation was payable for any week beginning before the date of enactment of this Act; and (ii) who exhausted such individual's rights to such compensation (by reason of the payment of all amounts in such individual's temporary extended unemployment compensation account) before such date, such individual's eligibility for any additional weeks of temporary extended unemployment compensation by reason of the amendments made by subsection (a) shall apply with respect to weeks of unemployment beginning on or after the date of enactment of this Act. (B) Current beneficiaries.--In the case of any individual-- (i) to whom any temporary extended unemployment compensation was payable for any week beginning before the date of enactment of this Act; and (ii) as to whom the condition described in subparagraph (A)(ii) does not apply, such individual shall be eligible for temporary extended unemployment compensation (in accordance with the provisions of the Temporary Extended Unemployment Compensation Act of 2002, as amended by subsection (a)) with respect to weeks of unemployment beginning on or after the date of enactment of this Act. (4) Redetermination of eligibility for augmented amounts for individuals for whom such a determination was made prior to the date of enactment.--Any determination of whether the individual's State is in an extended benefit period under section 203(c) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) made prior to the date of enactment of this Act shall be disregarded and the determination under such section shall be made as follows: (A) Individuals who exhausted 13 teuc and 13 teux-x weeks prior to the date of enactment.--In the case of an individual who, prior to the date of enactment of this Act, received 26 times the individual's average weekly benefit amount through an account established under section 203 of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107- 147; 116 Stat. 28) (by reason of augmentation under subsection (c) of such section), the determination shall be made as of the date of the enactment of this Act. (B) All other individuals.--In the case of an individual who is not described in subparagraph (A), the determination shall be made at the time that the individual's account established under such section 203, as amended by subsection (a), is exhausted.

Emergency Unemployment Compensation Act of 2003 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to entitle eligible individuals in all States to a total of 26 weeks of TEUC compensation (13 weeks beyond the current 13 weeks). Makes such additional benefits also available to individuals who exhausted their TEUC benefits before January 1, 2003.Provides for a transition period of continuing payments to individuals with amounts remaining in their TEUC account, for weeks beginning before December 31, 2003.Directs the Secretary of Labor to deem second tier benefit amounts deposited in an individual's account (TEUC-X amounts, which currently provide an extra 13 weeks of benefits in high-unemployment States) as deposited in such account, by reason of the amendments made by this Act, as single tier benefit amounts (TEUC amounts, the basic benefits in all States).Sets forth requirements relating to applicability of this Act to those who have exhausted their benefits under TEUCA, as well as to current beneficiaries.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Illegal Trafficking in Firearms Act of 2017''. SEC. 2. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Straw purchasing of firearms ``(a) Definitions.--For purposes of this section-- ``(1) the term `crime of violence'-- ``(A) has the meaning given that term in section 924(c)(3); and ``(B) includes a felony offense under the laws of a State that meets the criteria described in subparagraph (A) or (B) of such section 924(c)(3); ``(2) the term `drug trafficking crime'-- ``(A) has the meaning given that term in section 924(c)(2); and ``(B) includes a felony punishable under the law of a State for which the conduct constituting the offense would constitute a felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; ``(3) the term `Federal crime of terrorism' has the meaning given that term in section 2332b(g)(5); and ``(4) the term `purchase' includes the receipt of any firearm by a person who does not own the firearm-- ``(A) by way of pledge or pawn as security for the payment or repayment of money; or ``(B) on consignment. ``(b) Violation.--It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed collector, or licensed dealer) to knowingly purchase, or attempt or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce-- ``(1) from a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown; or ``(2) from any person who is not a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown, knowing or having reasonable cause to believe that such other person-- ``(A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; ``(B) is a fugitive from justice; ``(C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(D) has been adjudicated as a mental defective or has been committed to any mental institution; ``(E) is an alien who-- ``(i) is illegally or unlawfully in the United States; or ``(ii) except as provided in section 922(y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))); ``(F) has been discharged from the Armed Forces under dishonorable conditions; ``(G) having been a citizen of the United States, has renounced his or her citizenship; ``(H) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this subparagraph shall only apply to a court order that-- ``(i) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and ``(ii)(I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or ``(II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; ``(I) has been convicted in any court of a misdemeanor crime of domestic violence; ``(J)(i) does not reside in any State; and ``(ii) is not a citizen or lawful permanent resident of the United States; ``(K) intends to sell or otherwise dispose of the firearm to a person described in any of subparagraphs (A) through (J); or ``(L) intends to-- ``(i) use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a Federal crime of terrorism, a crime of violence, or a drug trafficking crime; or ``(ii) export the firearm in violation of law. ``(c) Penalty.-- ``(1) In general.--Except as provided in paragraph (2), any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) Use in crimes of violence.--If a violation of subsection (b) is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence, the person shall be sentenced to a term of imprisonment of not more than 25 years. ``(d) Exceptions.--Subsection (b)(1) shall not apply to any firearm that is lawfully purchased by a person-- ``(1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm; ``(2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association; ``(3) to be given as a bona fide gratuity to a hunting guide; ``(4) to be given as a bona fide bonus to an employee as the result of lawful services performed in the course of an employment relationship; or ``(5) to be given as a bona fide commemorative award or honorarium, unless the purchaser knows or has reasonable cause to believe the recipient of the firearm is prohibited by Federal law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm. ``Sec. 933. Trafficking in firearms ``(a) In General.--It shall be unlawful for any person to-- ``(1) ship, transport, transfer, cause to be transported, or otherwise dispose of any firearm to another person in or otherwise affecting interstate or foreign commerce, if such person knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the recipient would be in violation of any Federal or State law punishable by a term of imprisonment exceeding 1 year; ``(2) receive from another person any firearm in or otherwise affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of any Federal or State law punishable by a term of imprisonment exceeding 1 year; or ``(3) attempt or conspire to commit the conduct described in paragraph (1) or (2). ``(b) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 15 years, or both. ``Sec. 934. Forfeiture and fines ``(a) Forfeiture.-- ``(1) In general.--Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law-- ``(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and ``(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation, except that for any forfeiture of any firearm or ammunition pursuant to this section, section 924(d) shall apply. ``(2) Imposition.--The court, in imposing sentence on a person convicted of a violation of section 932 or 933, shall order, in addition to any other sentence imposed pursuant to section 932 or 933, that the person forfeit to the United States all property described in paragraph (1). ``(b) Fines.--A defendant who derives profits or other proceeds from an offense under section 932 or 933 may be fined not more than the greater of-- ``(1) the fine otherwise authorized by this part; or ``(2) the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933.''. (b) Title III Authorization.--Section 2516(1)(n) of title 18, United States Code, is amended by striking ``sections 922 and 924'' and inserting ``section 922, 924, 932, or 933''. (c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``section 932 (relating to straw purchasing), section 933 (relating to trafficking in firearms),'' before ``section 1028''. (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking ``section 924(n)'' and inserting ``section 924(n), 932, or 933''. (e) Directive to Sentencing Commission.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, United States Code, and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses. In its review, the Commission shall consider, in particular, an appropriate amendment to reflect the intent of Congress that straw purchasers without significant criminal histories receive sentences that are sufficient to deter participation in such activities. The Commission shall also review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of an offense under section 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. (f) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. Straw purchasing of firearms. ``933. Trafficking in firearms. ``934. Forfeiture and fines.''. SEC. 3. AMENDMENTS TO SECTION 922(D). Section 922(d) of title 18, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and (3) by striking the matter following paragraph (9) and inserting the following: ``(10) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (9); or ``(11) intends-- ``(A) to sell or otherwise dispose of the firearm or ammunition in furtherance of a Federal crime of terrorism, a crime of violence, or a drug trafficking offense, as such terms are defined in section 932(a); or ``(B) to export the firearm or ammunition in violation of law. This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.''. SEC. 4. AMENDMENTS TO SECTION 924(A). Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (2), by striking ``(d), (g),''; and (2) by adding at the end the following: ``(8) Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned for not more than 15 years, or both.''. SEC. 5. AMENDMENTS TO SECTION 924(D). Section 924(d) of title 18, United States Code, is amended-- (1) in paragraph (1), by inserting ``932, or 933,'' after ``section 924,''; and (2) in paragraph (3)-- (A) in subparagraph (E), by striking ``and'' at the end; (B) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(G) any offense under section 932 or 933.''. SEC. 6. AMENDMENTS TO SECTION 924(H). Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following: ``(h)(1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a Federal crime of terrorism, a crime of violence, or a drug trafficking crime (as such terms are defined in section 932(a)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) No term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section 932.''. SEC. 7. AMENDMENTS TO SECTION 924(K). Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following: ``(k)(1) A person who smuggles or knowingly brings into the United States a firearm or ammunition, or attempts or conspires to do so, with intent to engage in or to promote conduct that-- ``(A) is punishable under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; or ``(B) constitutes a Federal crime of terrorism, a crime of violence, or a drug trafficking crime (as such terms are defined in section 932(a)), shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) A person who smuggles or knowingly takes out of the United States a firearm or ammunition, or attempts or conspires to do so, with intent to engage in or to promote conduct that-- ``(A) would be punishable under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the conduct had occurred within the United States; or ``(B) would constitute a Federal crime of terrorism or a crime of violence (as such terms are defined in section 932(a)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, shall be fined under this title, imprisoned for not more than 15 years, or both.''. SEC. 8. PROHIBITION ON FIREARMS TRANSFERS TO AGENTS OF DRUG CARTELS. The Department of Justice, and any of its law enforcement coordinate agencies, shall not conduct or otherwise facilitate the transfer of an operable firearm to an individual if any law enforcement officer employed by the Department of Justice involved with the transfer knows or has reasonable cause to believe that the recipient of the firearm is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. SEC. 9. RULE OF CONSTRUCTION. Nothing in this Act, or an amendment made by this Act, shall be construed to allow the establishment of a Federal system of registration of firearms, firearms ownership, or firearms transactions or dispositions.

Stop Illegal Trafficking in Firearms Act of 2017 This bill amends the federal criminal code to establish stand-alone criminal offenses for trafficking in firearms and straw purchasing of firearms. The bill expands the categories of prohibited persons (i.e., persons barred from receiving or possessing a firearm or ammunition) to include persons who intend: (1) to sell or transfer a firearm or ammunition to a prohibited person; (2) to sell or transfer a firearm to further a crime of violence, a federal crime of terrorism, or a drug trafficking offense; or (3) to unlawfully export. It increases the maximum prison term for the sale or transfer of a firearm to or the receipt or possession of a firearm by a prohibited person. The bill revises existing prohibitions on: (1) transferring a firearm knowing that it will be used to commit a crime of violence or drug trafficking offense; and (2) smuggling a firearm into the United States with the intent to unlawfully import or to promote a crime of violence or drug trafficking offense. It broadens the scope of and increases the maximum prison term for violating the prohibitions. The bill also makes it a crime to smuggle a firearm or ammunition out of the United States, or to conspire or attempt to do so, with the intent to unlawfully export or to promote a crime of violence, a federal crime of terrorism, or a drug trafficking offense. Finally, the bill prohibits the Department of Justice, or its law enforcement coordinate agencies, from facilitating the transfer of an operable firearm to a known or suspected agent of drug cartel, unless U.S. law enforcement personnel continuously monitor or control the firearm.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia College Access Improvement Act of 2002''. SEC. 2. PUBLIC SCHOOL PROGRAM. Section 3(c)(2) of the District of Columbia College Access Act of 1999 (sec. 38-2702(c)(2), D.C. Official Code) is amended by striking subparagraphs (A) through (C) and inserting the following: ``(A)(i) in the case of an individual who begins an undergraduate course of study within 3 calendar years (excluding any period of service on active duty in the armed forces, or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)) of graduation from a secondary school, or obtaining the recognized equivalent of a secondary school diploma, was domiciled in the District of Columbia for not less than the 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; ``(ii) in the case of an individual who graduated from a secondary school or received the recognized equivalent of a secondary school diploma before January 1, 1998, and is currently enrolled at an eligible institution as of the date of enactment of the District of Columbia College Access Improvement Act of 2002, was domiciled in the District of Columbia for not less than the 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; or ``(iii) in the case of any other individual and an individual re-enrolling after more than a 3-year break in the individual's post-secondary education, has been domiciled in the District of Columbia for at least 5 consecutive years at the date of application; ``(B)(i) graduated from a secondary school or received the recognized equivalent of a secondary school diploma on or after January 1, 1998; ``(ii) in the case of an individual who did not graduate from a secondary school or receive a recognized equivalent of a secondary school diploma, is accepted for enrollment as a freshman at an eligible institution on or after January 1, 2002; or ``(iii) in the case of an individual who graduated from a secondary school or received the recognized equivalent of a secondary school diploma before January 1, 1998, is currently enrolled at an eligible institution as of the date of enactment of the District of Columbia College Access Improvement Act of 2002; ``(C) meets the citizenship and immigration status requirements described in section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(5));''. SEC. 3. PRIVATE SCHOOL PROGRAM. Section 5(c)(1)(B) of the District of Columbia College Access Act of 1999 (sec. 38-2704(c)(1)(B), D.C. Official Code) is amended by striking ``the main campus of which is located in the State of Maryland or the Commonwealth of Virginia''. SEC. 4. GENERAL REQUIREMENTS. Section 6 of the District of Columbia College Access Act of 1999 (sec. 38-2705, D.C. Official Code) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Administrative Expenses.-- ``(1) In general.--The Mayor of the District of Columbia may not use more than 7 percent of the total amount of Federal funds appropriated for the program, retroactive to the date of enactment of this Act (the District of Columbia College Access Act of 1999), for the administrative expenses of the program. ``(2) Definition.--In this subsection, the term `administrative expenses' means any expenses that are not directly used to pay the cost of tuition and fees for eligible students to attend eligible institutions.''; (2) by redesignating subsections (e) and (f) as subsections (f) and (g); (3) by inserting after subsection (d) the following: ``(e) Local Funds.--It is the sense of Congress that the District of Columbia may appropriate such local funds as necessary for the programs under sections 3 and 5.''; and (4) by adding at the end the following: ``(h) Dedicated Account for Programs.-- ``(1) Establishment.--The District of Columbia government shall establish a dedicated account for the programs under sections 3 and 5 consisting of the following amounts: ``(A) The Federal funds appropriated to carry out such programs under this Act or any other Act. ``(B) Any District of Columbia funds appropriated by the District of Columbia to carry out such programs. ``(C) Any unobligated balances in amounts made available for such programs in previous fiscal years. ``(D) Interest earned on balances of the dedicated account. ``(2) Use of funds.--Amounts in the dedicated account shall be used solely to carry out the programs under sections 3 and 5.''. SEC. 5. CONTINUATION OF CURRENT AGGREGATE LEVEL OF AUTHORIZATION OF APPROPRIATIONS. (a) In General.--The District of Columbia College Access Act of 1999 (sec. 38-2701 et seq., D.C. Official Code) is amended by adding at the end the following new section: ``SEC. 7. LIMIT ON AGGREGATE AMOUNT OF FEDERAL FUNDS FOR PUBLIC SCHOOL AND PRIVATE SCHOOL PROGRAMS. ``The aggregate amount authorized to be appropriated to the District of Columbia for the programs under sections 3 and 5 for any fiscal year may not exceed-- ``(1) $17,000,000, in the case of the aggregate amount for fiscal year 2003; ``(2) $17,000,000, in the case of the aggregate amount for fiscal year 2004; or ``(3) $17,000,000, in the case of the aggregate amount for fiscal year 2005.''. (b) Conforming Amendments.-- (1) Public school program.--Section 3(i) of such Act (sec. 38- 2702(i), D.C. Official Code) is amended by striking ``and such sums'' and inserting ``and (subject to section 7) such sums''. (2) Private school program.--Section 5(f) of such Act (sec. 38- 2704(f), D.C. Official Code) is amended by striking ``and such sums'' and inserting ``and (subject to section 7) such sums''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

District of Columbia College Access Improvement Act of 2001 - Revises eligibility requirements for tuition assistance under the District of Columbia College Access Act of 1999 (the Act) to allow the following to be eligible for such assistance: (1) applicants who graduated from a secondary school or received the recognized equivalent of a secondary school diploma before January 1, 1998, and are currently enrolled at an eligible institution as of the enactment of this Act, and were domiciled in the District of Columbia for not less than 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; (2) applicants re-enrolling after more than a three-year break in their post-secondary education who have been domiciled in the District for at least five consecutive years at the application date; (3) applicants who did not graduate from a secondary school or receive a recognized equivalent of a secondary school diploma, but are accepted for enrollment as a freshman at an eligible institution on or after January 1, 2002; and (4) applicants who graduated from a secondary school or received the recognized equivalent of such school diploma before January 1, 1998 and are currently enrolled at an eligible institution as of the enactment of this Act. Requires all eligible students to meet the citizenship and immigration status requirements described in the Higher Education Act of 1965.Amends the Act: (1) to allow individuals who attend private historically black colleges and universities (HBCUs) nationwide (currently, HBCUs whose main campuses are located in Maryland and Virginia) to participate in such Tuition Assistance Program; and (2) to prohibit the Mayor from using more than seven percent of the total amount of Federal funds appropriated for such Program, retroactive to the Act's enactment, for the Program's administrative expenses.Expresses the sense of Congress that the District of Columbia may appropriate such local funds as necessary for the Program.Requires the District government to establish a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal years. Authorizes the use of such funds to help pay the cost of tuition and fees for eligible students to attend eligible institutions if the fiscal year appropriation for that year is insufficient to cover the cost of tuition and fees for that year.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Service Financial Accountability Restoration Act of 1999''. SEC. 2. USE OF INCENTIVES TO RESTORE FOREST SERVICE FINANCIAL ACCOUNTABILITY. (a) Findings.--The Congress finds the following: (1) Section 3521(e) of title 31, United States Code, requires the Inspector General of the Department of Agriculture to audit the annual financial statements required to be prepared by the Forest Service. As a result of the inability of the Forest Service to produce reliable financial statements, the agency has received four successive adverse opinions or disclaimers from the Inspector General. (2) In January 1999, the Comptroller General submitted a report to Congress that identified the Forest Service as an agency at ``high risk'' of waste, fraud, abuse, and mismanagement due to the persistent and severe weaknesses in the Forest Service's accounting and financial reporting systems. (3) The Comptroller General has stated that the Forest Service will maintain its high risk status until the agency, at a minimum-- (A) receives two consecutive unqualified audit opinions from the Inspector General; and (B) corrects the material internal control weaknesses, identified in the Inspector General's audit reports of the financial statements of the Forest Service, which adversely affect the ability of the Forest Service to maintain accountability over its assets on an ongoing basis. (4) Despite initial efforts on the part of the Forest Service to correct deficiencies in its financial management systems, the Comptroller General and the Inspector General of the Department of Agriculture have indicated that the Forest Service may still be years away from producing reliable financial statements or changing its high risk status. (5) Performance incentives are necessary to ultimately restore financial accountability to the Forest Service, and such incentives must be structured so as to preserve the ability of the Forest Service to perform its core missions, particularly a sustained reduction of the natural resources restoration and maintenance backlog within the National Forest System, while safeguarding further investments of taxpayer dollars from waste, fraud, abuse, and mismanagement. (b) Conditional Limitations on Forest Service Appropriations.-- Subject to subsections (c) and (d), for fiscal years beginning after the date of the enactment of this Act, the total amount appropriated for the Forest Service to carry out discretionary programs and activities for a fiscal year shall not exceed the sum of the amounts appropriated under the heading ``Forest Service'' in title II of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105- 277; 112 Stat. 2681-268). (c) Removal of Condition.--The limitations on the level of Forest Service appropriations or obligations specified in subsection (b) shall terminate on the earlier of the following: (1) The date on which the Forest Service is no longer an agency at high risk of waste, fraud, abuse, and mismanagement due to weaknesses in its accounting and financial reporting systems, as determined under subsection (d). (2) The end of the fifth fiscal year subject to the limitations. (d) Criteria for Removal of High Risk Status.--The Forest Service shall no longer be an agency at high risk under subsection (c)(1) if the Comptroller General certifies in writing to Congress that Forest Service financial management is no longer at high risk. The Comptroller General may make that certification only if-- (1) the Forest Service receives two consecutive unqualified audit opinions from the Inspector General of the Department of Agriculture under section 3521(e) of title 31, United States Code; and (2) the Forest Service corrects the material weaknesses identified in the audit reports of the Inspector General regarding the Forest Service's fiscal year 1995 financial statements and all subsequent audit reports of the Inspector General regarding the Forest Service's financial statements published before the date of the enactment of this Act. (e) Backlog Reduction Outputs.--During each fiscal year identified in subsection (c)(2), the Forest Service shall maintain or increase outputs, relative to the levels achieved during fiscal year 1999, from programs that directly reduce the natural resources restoration and maintenance backlog within the National Forest System. Such outputs shall include the following: (1) Acres of forested land treated for reduction of wildfire risk. (2) Acres of forested land treated for reduction of mortality risk from insect and disease infestation. (3) Miles of roads and trails reconstructed or maintained. (4) Number of recreational facilities reconstructed or maintained. (5) Acres of terrestrial habitat restored or enhanced. (6) Miles of riparian areas restored or enhanced. (7) Other priority outputs identified by the Secretary.

Forest Service Financial Accountability Restoration Act of 1999 - Places specified limits on Forest Service appropriations until the earlier of the following: (1) the Service is no longer an agency at high risk of waste, fraud, and mismanagement due to accounting and financial reporting weaknesses; or (2) the end of the fifth fiscal year subject to such limitations. Enumerates the criteria under which the Comptroller General shall certify to Congress that the Service is no longer at high risk Sets forth Service backlog reduction requirements.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Skilled Workforce Enhancement Act of 1998''. SEC. 2. CREDIT FOR EXPENSES FOR TRAINING EMPLOYEES IN HIGHLY SKILLED METALWORKING TRADES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45D. EXPENSES FOR TRAINING EMPLOYEES IN HIGHLY SKILLED METALWORKING TRADES. ``(a) General Rule.--For purposes of section 38, the highly skilled metalworking trades training credit determined under this section is an amount equal to 80 percent of the training expenses paid or incurred by the taxpayer during the training period with respect to each qualified trained employee of the taxpayer. Twenty percent of the credit determined under the preceding sentence shall be taken into account under section 38 for each of the first 5 taxable years after the taxable year in which the training period ends. ``(b) Limitations.-- ``(1) Maximum credit per employee.--The total amount of credit determined under this section with respect to each qualified trained employee for all taxable years shall not exceed $100,000. ``(2) Employer must be small employer.--Training expenses may be taken into account under subsection (a) only if the taxpayer is a small employer for the taxable year in which such expenses are paid or incurred. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified trained employee.-- ``(A) In general.--The term `qualified trained employee' means any employee (or former employee) of the taxpayer if-- ``(i) the employee received at least 8,000 hours of training (including on-the-job training) from the taxpayer (or any predecessor) during the training period as an apprentice in any highly skilled metalworking trade, and ``(ii) the employee is employed by the taxpayer in a journeyman capacity in any highly skilled metalworking trade on a full-time basis throughout at least the 1-year period beginning at the end of such employee's training period. ``(B) Highly skilled metalworking trades.--For purposes of subparagraph (A), the term `highly skilled metalworking trades' means the trades traditionally recognized as such, including precision machinists, die makers, mold makers, and tool and die designers in the tooling and machining industry. ``(2) Training expenses.-- ``(A) In general.--The term `training expenses' means wages paid or incurred to an employee of the taxpayer for services performed in a highly skilled metalworking trade while the employee is an apprentice in such trade. ``(B) Wages.--The term `wages' has the meaning given such term by section 3401(a). ``(3) Training period.--The term `training period' means the period of 4 years beginning on the date that the employee begins employment with the taxpayer as an apprentice in a highly skilled metalworking trade. ``(4) Small employer.-- ``(A) In general.--The term `small employer' means, with respect to any taxable year, any employer who employed an average of 500 or fewer employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. ``(d) Coordination With Other Credits.--Wages taken into account under subsection (a) shall not be taken into account in determining the credits under sections 51(a) and 1396(a).''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) the highly skilled metalworking trades training credit determined under section 45D(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(d) Credit for Training Expenses for Employees in Highly Skilled Metalworking Trades.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45D(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45D. Expenses for training employees in highly skilled metalworking trades.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act in taxable years ending after such date.

Skilled Workforce Enhancement Act of 1998 - Amends the Internal Revenue Code to provide small employers with an income tax credit for certain long-term training of employees in highly skilled metalworking trades.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Non-Discrimination Act of 1995''. SEC. 2. DISCRIMINATION PROHIBITED. A covered entity, in connection with employment or employment opportunities, shall not-- (1) subject an individual to different standards or treatment on the basis of sexual orientation, (2) discriminate against an individual based on the sexual orientation of persons with whom such individual is believed to associate or to have associated, or (3) otherwise discriminate against an individual on the basis of sexual orientation. SEC. 3. BENEFITS. This Act does not apply to the provision of employee benefits to an individual for the benefit of his or her partner. SEC. 4. NO DISPARATE IMPACT. The fact that an employment practice has a disparate impact, as the term ``disparate impact'' is used in section 703(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation does not establish a prima facie violation of this Act. SEC. 5. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED. (a) Quotas.--A covered entity shall not adopt or implement a quota on the basis of sexual orientation. (b) Preferential Treatment.--A covered entity shall not give preferential treatment to an individual on the basis of sexual orientation. SEC. 6. RELIGIOUS EXEMPTION. (a) In General.--Except as provided in subsection (b), this Act shall not apply to religious organizations. (b) For-Profit Activities.--This Act shall apply with respect to employment and employment opportunities that relate to any employment position that pertains solely to a religious organization's for-profit activities subject to taxation under section 511(a) of the Internal Revenue Code of 1986. SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' PREFERENCES. (a) Armed Forces.--(1) For purposes of this Act, the term ``employment or employment opportunities'' does not apply to the relationship between the United States and members of the Armed Forces. (2) As used in paragraph (1), the term ``Armed Forces'' means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (b) Veterans' Preferences.--This Act does not repeal or modify any Federal, State, territorial, or local law creating special rights or preferences for veterans. SEC. 8. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act in the case of a claim alleged by an individual for a violation of this Act-- (1) the Commission shall have the same powers as the Commission has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act, (4) the Attorney General of the United States shall have the same powers as the Attorney General has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, and (5) the courts of the United States shall have the same jurisdiction and powers as such courts have to enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act, and (C) the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (b) Procedures and Remedies.--The procedures and remedies applicable to a claim alleged by an individual for a violation of this Act are-- (1) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (2) the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by such individual for a violation of such section, and (3) the procedures and remedies applicable for a violation of section 201(a)(1) of Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of such section. (c) Other Applicable Provisions.--With respect to claims alleged by covered employees (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for violations of this Act, title III of the Congressional Accountability Act of 1995 shall apply in the same manner as such title applies with respect to a claims alleged by such covered employees for violations of section 201(a)(1) of such Act. SEC. 9. STATE AND FEDERAL IMMUNITY. (a) State Immunity.--A State shall not be immune under the eleventh article of amendment to the Constitution of the United States from an action in a Federal court of competent jurisdiction for a violation of this Act. In an action against a State for a violation of this Act, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies are available in an action against any public or private entity other than a State. (b) Liability of the United States.--The United States shall be liable for all remedies (excluding punitive damages) under this Act to the same extent as a private person and shall be liable to the same extent as a nonpublic party for interest to compensate for delay in payment. SEC. 10. ATTORNEYS' FEES. In any action or administrative proceeding commenced pursuant to this Act, the court or the Commission, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including expert fees and other litigation expenses, and costs. The United States shall be liable for the foregoing the same as a private person. SEC. 11. RETALIATION AND COERCION PROHIBITED. (a) Retaliation.--A covered entity shall not discriminate against an individual because such individual opposed any act or practice prohibited by this Act or because such individual made a charge, assisted, testified, or participated in any manner in an investigation, proceeding, or hearing under this Act. (b) Coercion.--A person shall not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised, enjoyed, assisted, or encouraged the exercise or enjoyment of, any right granted or protected by this Act. SEC. 12. POSTING NOTICES. A covered entity shall post notices for employees, applicants for employment, and members describing the applicable provisions of this Act in the manner prescribed by, and subject to the penalty provided under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 10). SEC. 13. REGULATIONS. The Commission shall have authority to issue regulations to carry out this Act. SEC. 14. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual claiming discrimination prohibited under any other Federal law or any law of a State or political subdivision of a State. SEC. 15. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 16. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act and shall not apply to conduct occurring before such effective date. SEC. 17. DEFINITIONS. As used in this Act: (1) The term ``Commission'' means the Equal Employment Opportunity Commission. (2) The term ``covered entity'' means an employer, employment agency, labor organization, joint labor management committee, an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an employing authority to which section 201(a) of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) applies. (3) The term ``employer'' has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)). (4) The term ``employment agency'' has the meaning given such term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)). (5) The term ``employment or employment opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (6) The term ``labor organization'' has the meaning given such term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). (7) The term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (8) The term ``religious organization'' means-- (A) a religious corporation, association, or society, or (B) a college, school, university, or other educational institution, not otherwise a religious organization, if-- (i) it is in whole or substantial part controlled, managed, owned, or supported by a religious corporation, association, or society, or (ii) its curriculum is directed toward the propagation of a particular religion. (9) The term ``sexual orientation'' means homosexuality, bisexuality, or heterosexuality, whether such orientation is real or perceived. (10) The term ``State'' has the meaning given such term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)).

Employment Non-Discrimination Act of 1995 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom and Mobility in Consumer Banking Act''. SEC. 2. CONSUMER RIGHTS WITH RESPECT TO CLOSED ACCOUNTS. The Truth in Savings Act (12 U.S.C. 4301 et seq.) is amended-- (1) by striking section 262 and inserting the following: ``SEC. 262. FINDINGS AND PURPOSES. ``(a) Findings.--Congress finds that-- ``(1) economic stability would be enhanced, competition between depository institutions would be improved, and the ability of the consumer to make informed decisions regarding deposit accounts, and to verify accounts, would be strengthened if there were uniformity in the disclosure of terms and conditions on which interest is paid and fees are assessed in connection with such accounts; and ``(2) consumers lack meaningful choices for managing household funds because-- ``(A) despite dissatisfaction with rising account fees at some depository institutions, consumers often find it too difficult to move their funds to new deposit accounts; ``(B) the process of moving funds to new deposit accounts often involves several steps and substantial time to complete, and it is not always clear what the proper procedures are for closing an account at a given depository institution; ``(C) depository institutions have no obligation and may lack the technical capabilities to help consumers transfer automated deposits or debits from old accounts to new accounts, causing delays and confusion; ``(D) depository institutions may charge fees to close an account and withdraw available funds, which can impede banking mobility for low-income consumers; and ``(E) some depository institutions have engaged in the practice of reopening closed accounts without the consent of the consumer. ``(b) Purposes.--The purposes of this Act are-- ``(1) to allow consumers to make a meaningful comparison between competing claims of depository institutions with regard to deposit accounts by requiring the clear and uniform disclosure of-- ``(A) the rates of interest that are payable on deposit accounts by depository institutions; and ``(B) the fees that are assessable against deposit accounts; and ``(2) to protect rights of consumers by providing a framework establishing the rights, liabilities, and responsibilities of depository institutions and consumers in closing procedures for certain types of consumer deposit accounts.''; (2) by inserting after section 268 the following: ``SEC. 268A. CLOSURE OF COVERED ACCOUNTS. ``(a) In General.--A depository institution may not-- ``(1) prohibit a consumer from closing a covered account at the depository institution, regardless of whether the balance in the covered account is positive, zero, or negative; ``(2) charge any fee to close a covered account; or ``(3) reopen a covered account that a consumer has requested to be closed in accordance with this section to apply subsequent debits, whether preauthorized or otherwise, or for any other reason, unless the consumer expressly requests that the covered account be reopened. ``(b) Disclosures Required.--A depository institution shall provide to any consumer that opens a covered account at the depository institution a description of the policies and procedures that the depository institution has in place to close a covered account-- ``(1) at the time the consumer opens the covered account; ``(2) at any time, upon request of a consumer; and ``(3) on the website of the depository institution. ``(c) Regulations Relating to Closure of Covered Accounts.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Bureau, after consultation with each agency referred to in section 270(a), and public notice and opportunity for comment, shall prescribe final regulations to carry out this section. ``(2) Content.--The regulations required by this subsection shall-- ``(A) require that a depository institution close a covered account not later than 5 business days after the date on which a consumer makes a request to close the covered account, except that the closure of the covered account may be delayed-- ``(i) if a Federal or State law enforcement agency notifies the depository institution that the closure will interfere with a criminal investigation; or ``(ii) pursuant to any other exception that the Bureau determines is appropriate; ``(B) prescribe the methods by which a consumer may make a request to a depository institution to close a covered account, which, except as provided in subparagraph (C), shall include requests made in person, over the phone, or by other electronic or remote means; ``(C) allow a depository institution to require that a request by a consumer to close a covered account shall be made in person if the covered account contains an amount on deposit exceeding a certain monetary threshold, as determined and established by the Bureau; ``(D) establish procedures that require a depository institution to positively verify the identity of a consumer requesting to close a covered account before the depository institution closes the covered account, including procedures for a depository institution to follow if the depository institution is unable to verify the identity of the consumer; ``(E) establish procedures for a depository institution to provide a consumer with the funds contained in a covered account that the consumer has requested to close, which shall include procedures-- ``(i) that ensure that the consumer whose identity has been positively verified by the depository institution has access to any funds available for withdrawal at the time the consumer makes a request to the depository institution to close the covered account; ``(ii) that establish a reasonable amount of time for the depository institution to remit to the consumer the remainder of any funds in the closed covered account, including funds that are subject to a dispute between the depository institution and the consumer; and ``(iii) that allow a consumer whose identity has been positively verified by the depository institution to receive available funds from a covered account that the consumer has requested to close in the form of-- ``(I) a cashier's check provided to the consumer; ``(II) an electronic funds transfer to an account designated by the consumer; ``(III) any means offered by the depository institution that the consumer has requested; or ``(IV) any means that the Bureau determines appropriate; ``(F) except as provided under subparagraph (G), prohibit a depository institution from imposing any fee or charge on a covered account at the depository institution after the consumer has requested to close the covered account; ``(G) allow a depository institution to assess an overdraft fee after a consumer has requested to close a covered account, if such overdraft fee is associated with a transaction that was initiated by the consumer before the date on which the consumer made a request to the depository institution to close the covered account; ``(H) not limit the ability of a consumer to earn interest that a covered account had accrued before the date on which the consumer made a request to the depository institution to close the covered account; ``(I) establish procedures for a depository institution and a consumer to follow if a personal check written by the consumer is deposited by a person other than the consumer after the date on which the consumer has closed a covered account; ``(J) require the depository institution to provide the consumer with certain information before the depository institution closes a covered account of the consumer, including-- ``(i) a list of any preauthorized transactions relating to the covered account that occurred within the 60 days preceding the date on which the consumer made a request to the depository institution to close the covered account; ``(ii) a list of any preauthorized transactions scheduled to occur in the 60 days after the date on which the consumer made a request to the depository institution to close the covered account; ``(iii) a list of any direct deposits into the covered account in the 60 days preceding the date on which the consumer made a request to the depository institution to close the covered account; and ``(iv) any other information that the Bureau determines is necessary to provide consumers with adequate information about potential preauthorized activity relating to the covered account; ``(K) prohibit a depository institution from reporting an outstanding balance or any other adverse information with respect to a covered account at the depository institution to any consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a), if-- ``(i) at the time the covered account is closed, the covered account has a negative balance resulting solely from any fee assessed by the depository institution; and ``(ii) that information could be used to adversely affect the ability of the consumer to open an account at another depository institution; ``(L) establish the terms under which a depository institution may report that a covered account had a negative balance at the time of the closure of the covered account to a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a), if the depository institution-- ``(i) notifies the consumer of the negative balance; and ``(ii) provides the consumer with a reasonable period of time, as determined and established by the Bureau, to repay the negative balance; and ``(M) include any other provisions, guidance, or exceptions that the Bureau determines are appropriate in order to facilitate the purposes of this section. ``(d) Study; Rulemaking.-- ``(1) Study.-- ``(A) In general.--The Comptroller General of the United States shall conduct a study to determine additional barriers that could limit the ability of a consumer to close a covered account. ``(B) Contents of study.--The study required under paragraph (1) shall include, at a minimum, analysis of-- ``(i) potential reforms to payment clearing and settlement systems that would enable depository institutions to notify consumers if a preauthorized recurring debit is directed to a covered account after the covered account has been closed; ``(ii) potential reforms to payment clearing and settlement systems that would automatically transfer any direct deposit, preauthorized transaction, or other similar scheduled activity relating to a closed covered account to another account designated by the consumer; ``(iii) other factors, including technological barriers, in payment clearing and scheduling systems that limit the ability of consumers to efficiently close a covered account and transfer funds to another account; and ``(iv) recommendations to Congress and the appropriate Federal banking agencies, including steps that the appropriate Federal banking agencies could take through rulemaking to facilitate the automatic transfer of funds from a closed covered account to another account designated by the consumer. ``(C) Report.--Not later than 1 year after the date of enactment of this subsection, the Comptroller General shall issue a report to the Congress and the Bureau of Consumer Financial Protection on the study required under subparagraph (A), including any findings and determinations made by the Comptroller General in carrying out such study. ``(2) Rulemaking.--Not later than 1 year after the Bureau receives the report issued under paragraph (1)(C) the Bureau shall-- ``(A) determine whether regulations should be issued to remove barriers that limit the ability of a consumer to close a covered account; and ``(B) if the Bureau determines that such regulations should be issued, the Bureau shall, in consultation with each agency referred to in section 270(a), and after public notice and opportunity for comment, issue such regulations.''; and (3) in section 274, by adding at the end the following: ``(9) Available for withdrawal.--The term `available for withdrawal', with respect to funds deposited, means available for all uses generally permitted to the customer for actually and finally collected funds under the account agreement with the depository institution or policies of the depository institution, such as for payment of checks drawn on the account, certification of checks drawn on the account, electronic payments, withdrawals by cash, and transfers between accounts. ``(10) Covered account.--The term `covered account' means any checking, savings, or any other account that the Bureau may include, by regulation.''.

Freedom and Mobility in Consumer Banking Act - Amends the Truth in Savings Act to prohibit depository institutions from: (1) prohibiting a consumer from closing a covered account (a checking, savings, or any other account that the Bureau of Consumer Financial Protection [CFPB] may include), regardless of whether the balance is positive, zero, or negative; (2) charging any fee to close such account; or (3) reopening such an account to apply subsequent debits after a consumer has requested the account to be closed, unless the consumer requests that the account be reopened. Requires depository institutions to provide consumers with a description of the policies and procedures in place to close such accounts at the time the account is opened, upon request, and on the websites of such institutions. Directs the CFPB to prescribe regulations relating to the closure of such accounts, including: (1) allowing consumers to receive available funds from a closed account in the form of a cashier's check, electronic funds transfer, or any other means offered by the institution or determined appropriate by the CFPB; (2) requiring depository institutions to provide consumers with certain information regarding any preauthorized transactions or direct deposits associated with an account before it is closed; (3) prohibiting a depository institution from reporting adverse information regarding such account to any consumer reporting agency if, at the time the account is closed, the account has a negative balance resulting solely from any fee assessed by the depository institution; and (4) establishing the terms under which a depository institution may report to a consumer reporting agency that an account had a negative closing balance, provided that the institution notifies the consumer and provides a reasonable period for repayment of the balance. Directs the Comptroller General (GAO) to report to Congress and the CFPB regarding additional barriers that could limit the ability of a consumer to close a covered account. Requires the CFPB, after receiving such report, to determine whether regulations should be issued to remove such barriers.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Language Immersion Student Achievement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Congress established the unique status of Native American languages and distinctive policies supporting their use as a medium of education in the Native American Languages Act (Public Law 101-477). (2) Reports from the Bureau of Indian Affairs and tribal, public, charter, and private schools and colleges that use primarily Native American languages to deliver education, have indicated that students from these schools have generally had high school graduation and college attendance rates above the norm for their peers. (3) The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) includes policy barriers to schools taught through Native American languages and a lack of adequate funding to support such opportunities. (4) There is a critical need that requires immediate action to support education through Native American languages to preserve these languages. SEC. 3. NATIVE AMERICAN LANGUAGE SCHOOLS. Title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``PART D--NATIVE AMERICAN LANGUAGE SCHOOLS ``SEC. 7401. NATIVE AMERICAN LANGUAGE SCHOOLS. ``(a) Purposes.--The purposes of this section are-- ``(1) to establish a grant program to support schools using Native American languages as the primary language of instruction of all curriculum taught at the school that will improve high school graduation rates, college attainment, and career readiness; and ``(2) to further integrate into this Act, Federal policy for such schools, as established in the Native American Languages Act (Public Law 101-477). ``(b) Program Authorized.-- ``(1) In general.--From the amounts made available to carry out this section, the Secretary may award grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including prekindergarten through postsecondary education, using Native American languages as the primary language of instruction of all curriculum taught at the schools. ``(2) Eligible entities.--In this section, the term `eligible entity' means a school or a private or tribal, nonprofit organization that has a plan to develop and maintain, or to improve and expand, programs that support schools using Native American languages as the primary language of instruction of all curriculum taught at the schools. ``(c) Application.-- ``(1) In general.--An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the following: ``(A) The name of the Native American language to be used for instruction at the school supported by the eligible entity. ``(B) The number of students attending such school. ``(C) The number of present hours of Native American language instruction being provided to students at such school, if any. ``(D) The status of such school with regard to any applicable tribal education department or agency, public education system, indigenous language schooling research and cooperative, or accrediting body. ``(E) A statement that such school-- ``(i) is engaged in meeting targeted proficiency levels for students, as may be required by applicable Federal, State, or tribal law; and ``(ii) provides assessments of student using the Native American language of instruction, where appropriate. ``(F) A list of the instructors, staff, administrators, contractors, or subcontractors at such school and their qualifications to deliver high quality education through the Native American language of the school. ``(2) Additional application materials.--In addition to the application described in paragraph (1), an eligible entity that desires to receive a grant under this section shall submit to the Secretary the following: ``(A) A certification from a Federally recognized Indian tribe, or a letter from any Native American entity, on whose land the school supported by the eligible entity is located, or which is served by such school, indicating that the school has the capacity to provide education primarily through a Native American language and that there are sufficient speakers of such Native American language at the school or available to be hired by the school. ``(B) A statement that such school will participate in data collection conducted by the Secretary that will determine best practices and further academic evaluation of the school. ``(C) A demonstration of the capacity to have speakers of its Native American language provide the basic education offered by such school on a full-time basis. ``(d) Awarding of Grants.--In awarding grants under this section, the Secretary shall-- ``(1) determine the amount and length of each grant; ``(2) ensure, to the maximum extent feasible, that diversity in languages is represented; and ``(3) require the eligible entities to present a Native language education plan to improve high school graduation rates, college attainment, and career readiness. ``(e) Activities Authorized.--An eligible entity that receives a grant under this section shall carry out the following activities: ``(1) Support Native American language education and development. ``(2) Develop or refine instructional curriculum for the school supported by the eligible entity, including distinctive teaching materials and activities, as appropriate. ``(3) Fund training opportunities for teachers and, as appropriate, staff and administrators, that would strengthen the overall language and academic goals of such school. ``(4) Other activities that promote Native American language education and development, as appropriate. ``(f) Report to Secretary.--Each eligible entity that receives a grant under this section shall provide an annual report to the Secretary in such form and manner as the Secretary may require. ``(g) Authorization of Appropriation.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2015, and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Native Language Immersion Student Achievement Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to schools and private or tribal nonprofit organizations to develop and maintain, or improve and expand, programs that support the use by schools, from the prekindergarten through postsecondary level, of Native American languages as their primary language of instruction. Requires grant applicants to present the Secretary with specified assurances and demonstrations that the schools they will support have the capacity to provide education primarily through a Native American language. Requires grantees to: support Native American language education and development; develop or refine instructional curricula for the schools they support, including distinctive teaching materials and activities; fund training opportunities for school staff that strengthen the overall language and academic goals of their schools; and engage in other activities that promote Native American language education and development.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Railroad Safety Authorization Act of 1994''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 20117(a)(1) of title 49, United States Code, is amended by adding after subparagraph (B) the following new subparagraphs: ``(C) $68,289,000 for fiscal year 1995. ``(D) $75,112,000 for fiscal year 1996. ``(E) $82,563,000 for fiscal year 1997. ``(F) $90,739,000 for fiscal year 1998.''. SEC. 3. HOURS OF SERVICE PILOT PROJECTS. (a) Amendment.--Chapter 211 of title 49, United States Code, is amended by adding at the end the following new section: ``SEC. 21108. PILOT PROJECTS. ``(a) Waiver.--A railroad or railroads and all labor organizations representing any class or craft of directly affected covered service employees of the railroad or railroads, may jointly petition the Secretary of Transportation for approval of a waiver, in whole or in part, of compliance with this chapter, to enable the establishment of one or more pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of the requirements of this chapter to such class or craft of employees, including requirements concerning maximum on-duty and minimum off-duty periods. Based on such a joint petition, the Secretary may, after notice and opportunity for comment, waive in whole or in part compliance with this chapter for a period of no more than two years, if the Secretary determines that such waiver of compliance is in the public interest and is consistent with railroad safety. Any such waiver may, based on a new petition, be extended for additional periods of up to two years, after notice and opportunity for comment. An explanation of any waiver granted under this section shall be published in the Federal Register. ``(b) Report.--The Secretary of Transportation shall submit to Congress, no later than January 1, 1997, a report that-- ``(1) explains and analyzes the effectiveness of all pilot projects established pursuant to a waiver granted under subsection (a); ``(2) describes the status of all other waivers granted under subsection (a) and their related pilot projects, if any; and ``(3) recommends appropriate legislative changes to this chapter. ``(c) Definition.--For purposes of this section, the term `directly affected covered service employees' means covered service employees to whose hours of service the terms of the waiver petitioned for specifically apply.''. (b) Table of Sections Amendment.--The table of sections for chapter 211 of title 49, United States Code, is amended by adding at the end the following new item: ``21108. Pilot projects.''. SEC. 4. CONFORMING AMENDMENT REGARDING HOURS OF SERVICE VIOLATIONS. Section 21303(a)(1) of title 49, United States Code, is amended by inserting ``or violating any provision of a waiver applicable to that person that has been granted under section 21108 of this title,'' after ``chapter 211 of this title''. SEC. 5. TECHNICAL AMENDMENT REGARDING FEDERAL RAILROAD SAFETY. Section 20111(c) of title 49, United States Code, is amended by inserting ``this chapter or any of the laws transferred to the jurisdiction of the Secretary of Transportation by subsection (e) (1), (2), and (6)(A) of section 6 of the Department of Transportation Act, as in effect on June 1, 1994, or'' after ``individual's violation of''. SEC. 6. BIENNIAL FEDERAL RAILROAD SAFETY REPORTING. (a) Section 20116 of title 49, United States Code, is amended-- (1) by striking in its heading ``Annual'' and inserting in lieu thereof ``Biennial''; (2) by striking ``not later than July 1 of each year a report on carrying out this chapter for the prior calendar year. The report shall include the following information about the prior year'' and inserting in lieu thereof ``every two years, on or before July 1 of the year due, a comprehensive report on the administration of this chapter for the preceding two calendar years. The report shall include the following information about such calendar years''; and (3) in paragraph (1), by inserting ``, by calendar year'' after ``casualties by cause''. (b) The item relating to section 20116 in the table of sections for chapter 201 of title 49, United States Code, is amended to read as follows: ``20116. Biennial report.''. SEC. 7. REPORT ON BRIDGE DISPLACEMENT DETECTION SYSTEMS. Not later than 18 months after the date of enactment of this Act, the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning any action that has been taken by the Secretary on railroad bridge displacement detection systems. SEC. 8. TRACK SAFETY. Section 20142 of title 49, United States Code, is amended-- (1) in subsection (b), by striking ``September 3, 1994'' and inserting in lieu thereof ``September 1, 1995''; (2) in subsection (a)(1), by inserting ``, including cold weather installation procedures'' after ``attendant structure''; and (3) by adding at the end the following new subsection: ``(d) Identification of Internal Rail Defects.--In carrying out subsections (a) and (b), the Secretary shall consider whether or not to prescribe regulations and issue orders concerning-- ``(1) inspection procedures to identify internal rail defects, before they reach imminent failure size, in rail that has significant shelling; and ``(2) any specific actions that should be taken when a rail surface condition, such as shelling, prevents the identification of internal defects.''. SEC. 9. RESIDENCE OF EMPLOYEES. The amendments made by section 7 of the Amtrak Reauthorization and Improvement Act of 1990 shall apply to all periods before and after the date of their enactment. Passed the House of Representatives August 8, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Federal Railroad Safety Authorization Act of 1994 - Amends the Federal Railroad Safety Act of 1970 to authorize appropriations for FY 1995 through 1998 for railroad research and development and general safety operations. Amends the Hours of Service Act to authorize railroads, and labor organizations representing railroad employees, to jointly petition the Secretary of Transportation (Secretary) for approval of a waiver of limitations on hours of service with respect to such employees in order to establish one or more pilot projects to demonstrate the possible benefits of implementing alternatives to such limitations, including those concerning maximum on-duty and minimum off-duty periods. Authorizes the Secretary to waive compliance with such limitations for up to two years if it is in the public interest and is consistent with railroad safety. Requires the Secretary to report biennially (currently, annually) to the President and the Congress on the administration of Federal railroad safety rules and standards.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``RCAF/RAF-Americans Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Europe was at war before the end of 1939. England and her British Commonwealth of Nations, which included the Dominion of Canada, were warring with Nazi Germany. (2) Early in World War II the Royal Canadian Air Force (RCAF) needed large numbers of pilots and the British Commonwealth Air Training Plan (BCATP) made Canada a center for aircrew training. (3) Approximately 8,864 Americans volunteered to join the RCAF beginning as early as 1940 and continuing throughout World War II. These RCAF-Americans came from every state in the Union. (4) Many of the RCAF-Americans were urgently needed as flying instructors and helped to fully staff the BCATP operations. (5) Approximately 750 Americans (244 with the highly regarded Eagle Squadrons) also served in Great Britain with the RAF. The Eagle Squadrons served from February, 1941, until September, 1942, and provided the British welcome relief from the stress of losing large numbers of combat pilots. (6) President Franklin Roosevelt called the BCATP the ``Aerodrome Of Democracy''. Canadian Prime Minister Mackenzie King, General Dwight Eisenhower, and British Prime Minister Winston Churchill, all expressed their gratitude to the United States men and women who took part in the British Commonwealth Air Training Plan. (7) Approximately 3,794 Americans transferred to the U.S. Army Air Force (USAAF) after the attack on Pearl Harbor. The 3 Eagle Squadrons (No.71/No.121/No.133), transferred into the 4th Fighter Group, USAAF in September 1942. (8) The transfer of these courageous RCAF/RAF-Americans helped prevent a shortage of experienced airmen in the aftermath of America's entry into the war. (9) Many of these highly trained and experienced RCAF/RAF- Americans pilots performed crucial roles as flight instructors for the USAAF. (10) The accumulated knowledge and skills possessed by these RCAF/RAF-American airmen resulted in many becoming highly accomplished USAAF combat pilots. (11) One of the most highly decorated military groups, the American Fighter Aces, can count many of these RCAF/RAF- Americans among their venerable ranks. (12) These brave Americans left their families to join the RCAF/RAF and over 800 lost their lives while serving. They represent the exceptional courage that has been displayed in the defense of Freedom throughout our Nation's history. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a single gold medal of appropriate design in commemoration of all U.S. nationals who joined the Royal Canadian Air Force or the Royal Air Force during World War II, both before and after Japan's attack on Pearl Harbor, in recognition of their contributions to the Nation. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the U.S. nationals described under subsection (a), and that preference should be given to locations affiliated with the Smithsonian Institution. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

RCAF/RAF-Americans Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal in commemoration of all U.S. nationals who joined the Royal Canadian Air Force or the Royal Air Force during World War II.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tampering of Prescription Pills Act of 2015''. SEC. 2. ABUSE-DETERRENT TECHNOLOGY. (a) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) The term `abuse-deterrent drug' means a drug that-- ``(1) contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; ``(2) has been formulated for oral administration; and ``(3)(A) exhibits physicochemical properties (demonstrated by in vitro, in vivo, or other testing, or some combination thereof, as determined appropriate by the Secretary) that make product manipulation significantly more difficult or ineffective in altering the characteristics of the drug for purposes of misuse or abuse when compared to drugs without such properties; or ``(B) contains one or more additional active or inactive ingredients that are intended to deter abuse through potential pharmacological effects, the effectiveness of which has been demonstrated by at least one adequate and well-controlled investigation.''. (b) Required Information in Application for Approval of Brand Name Drugs.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended by adding at the end the following: ``(7) Abuse-deterrent drugs.--If an application submitted under this subsection is potentially subject to refusal under subsection (d)(7), the application shall include such information as the Secretary determines necessary to demonstrate that the application is not subject to such refusal.''. (c) Approval of New Brand Name Drugs.--Section 505(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(d)) is amended-- (1) by inserting ``(7)(A) such drug has been formulated for oral administration; (B) such drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (C) such drug is not an abuse-deterrent drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that (i) contains the same active moiety; (ii) is an abuse-deterrent drug, and (iii) has not been discontinued from marketing; or'' after ``(6) the application failed to contain the patent information prescribed by subsection (b); or''; (2) by striking ``(7) based on fair'' and inserting ``(8) based on fair''; (3) by striking ``clauses (1) through (6)'' and inserting ``paragraphs (1) through (7)''; and (4) by inserting ``The Secretary may issue an order approving an application, even if paragraph (7) applies, upon a finding that paragraphs (1) through (6) and paragraph (8) do not apply and that such approval is necessary either to prevent or alleviate a drug shortage or to otherwise address a significant unmet public health need.'' before ``As used in this subsection and subsection (e)''. (d) Generic Drugs.--Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended-- (1) in paragraph (2)-- (A) subparagraph (A)-- (i) in clause (vii), by striking ``and'' at the end; (ii) in clause (viii), by striking the period at the end and inserting ``; and''; (iii) by inserting after clause (viii) the following: ``(ix) if the listed drug is an abuse-deterrent drug due to its physicochemical properties, information from comparative in vitro, in vivo, or other testing, or some combination thereof, as appropriate based on the type of data submitted for the listed drug, that demonstrates the new drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug.''; and (iv) in the continuation text at the end of the subparagraph, by striking ``clauses (i) through (viii)'' and inserting ``clauses (i) through (ix)''; (B) in subparagraph (C)-- (i) in clause (i), by striking ``or'' at the end; (ii) in clause (ii), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(iii) that the listed drug is an abuse-deterrent drug and one or more of the new drug's active moieties differ in any material respect (in amount or otherwise) from those of the listed drug.''; (2) in paragraph (5), by adding at the end the following: ``(G) If a drug has been approved pursuant to an application submitted under paragraph (2), and thereafter the listed drug referred to in the application becomes an abuse- deterrent drug, the drug so approved shall not be considered to be bioequivalent to, or to have the same therapeutic effect as, the listed drug (as described in paragraph (2)(A)(iv)) unless and until the drug so approved has been found by the Secretary to meet the requirements of paragraph (2)(A)(ix).''; and (3) in paragraph (6)-- (A) by striking ``(6) If a drug'' and inserting ``(6)(A) If a drug''; (B) by striking ``(A) for the'' and inserting ``(i) for the''; (C) by striking ``(B) if the'' and inserting ``(ii) if the''; and (D) by adding at the end the following: ``(B) For purposes of this paragraph and paragraph (7)(C), a withdrawal or suspension of a drug formulated for oral administration shall be considered to have been for safety or effectiveness reasons if-- ``(i) the approval of a listed drug, which is not an abuse-deterrent drug, is withdrawn or suspended, or a listed drug, which is not an abuse-deterrent drug, is withdrawn from sale; and ``(ii) the Secretary has previously approved pursuant to an application under subsection (b) a drug that-- ``(I) is in the same dosage form; ``(II) contains the same controlled substance as an active moiety; ``(III) is an abuse-deterrent drug; and ``(IV) has not been discontinued from marketing.''. (e) Withdrawal of Previously Approved Brand Name and Generic Drugs.--Section 505(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(e)) is amended-- (1) by inserting ``or (6)(A) the drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (B) the drug is formulated for oral administration; (C) the drug is not an abuse-deterrent drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that contains the same active moiety, is an abuse-deterrent drug, and has not been discontinued from marketing'' before ``: Provided,''; and (2) by adding at the end the following: ``The Secretary may waive the application of paragraph (6) of the first sentence of this subsection in the case of a drug intended for use in a special needs population. In withdrawing (under paragraph (6) of the first sentence of this subsection) the approval of an application with respect to any drug, the Secretary shall, on a case-by-case basis, delay the effective date of such withdrawal for a period deemed sufficient by the Secretary to give the sponsor an opportunity to obtain approval under this section for a formulation of the drug meeting the criteria described in paragraph (2) of the definition of a''abuse-deterrent drug`` in section 201(ss).''. (f) Listed Drugs.--Section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the following: ``(D) Beginning 60 days after the date of the enactment of the Stop Tampering of Prescription Pills Act of 2015, the Secretary shall-- ``(i) include in the list under subparagraph (A) a list of each drug or category of drugs which the Secretary has found to be abuse-deterrent drugs; and ``(ii) update the list under subparagraph (A)-- ``(I) to remove from the list of abuse- deterrent drugs any drug the Secretary later determines is not an abuse-deterrent drug; and ``(II) as required by subparagraph (C) to reflect the application of paragraph (6)(B) to drugs that are withdrawn or suspended.''.

Stop Tampering of Prescription Pills Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to deny approval to a new oral opioid (a drug with effects similar to opium, such as morphine) that does not have properties that make the drug significantly more difficult to abuse if an abuse-deterrent drug containing the same opioid is available. The FDA may approve an opioid drug that is not abuse-deterrent if approval is necessary to prevent or alleviate a drug shortage or to address a significant unmet public health need. To be approved by the FDA, a generic version of an abuse-deterrent brand name drug must be at least comparably abuse-deterrent and its active components must not differ in any material respect from the brand name drug. An approved generic drug is not bioequivalent to, and does not have the same therapeutic effect as, a brand name drug that becomes abuse-deterrent unless the generic drug is at least comparably abuse-deterrent. Approval of a generic oral opioid is withdrawn if the brand name drug is not abuse-deterrent and not available and there is an approved abuse-deterrent drug available that contains the same opioid in the same dose. Approval of an oral opioid is withdrawn if the drug is not abuse-deterrent and there is an approved abuse-deterrent drug available that contains the same opioid. Withdrawal of approval may be waived by the FDA for a drug intended for a special needs population. The FDA must delay withdrawal to give the drug sponsor an opportunity to obtain approval for an abuse-deterrent formulation of the drug.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Precision Agriculture Research, Education, and Information Dissemination Act of 1996''. SEC. 2. EMPHASIS ON COMPETITIVE GRANTS TO PROMOTE PRECISION AGRICULTURE. (a) Promotion of Precision Agriculture.--Subsection (k) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89-106; 7 U.S.C. 450i) is amended to read as follows: ``(k) Emphasis on Precision Agriculture.-- ``(1) Definitions.--In this subsection: ``(A) Advisory board.--The term `advisory board' means the National Agricultural Research, Extension, Education, and Economics Advisory Board established under section 1408 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123). ``(B) Agricultural inputs.--The term `agricultural inputs' includes all farm management, agronomic, and field-applied agricultural production inputs, such as machinery, labor, time, fuel, irrigation water, commercial nutrients, livestock waste, crop protection chemicals, agronomic data and information, application and management services, seed, and other inputs used in agricultural production. ``(C) Precision agriculture.--The term `precision agriculture' means an integrated information- and production-based farming system that is designed to increase long-term site-specific and whole-farm production efficiencies, productivity, and profitability while minimizing unintended impacts on wildlife and the environment by-- ``(i) combining agricultural sciences, agricultural inputs and practices, agronomic production databases, and precision agriculture technologies to efficiently manage agronomic systems; ``(ii) gathering on-farm information pertaining to the variation and interaction of site-specific spatial and temporal factors affecting crop production; ``(iii) integrating the information with appropriate data derived from remote sensing and other precision agriculture technologies in a timely manner in order to facilitate on-farm decisionmaking; and ``(iv) using the information to prescribe and deliver site-specific application of agricultural inputs and management practices in agricultural production systems. ``(D) Precision agriculture technologies.--The term `precision agriculture technologies' includes-- ``(i) instrumentation and techniques ranging from sophisticated sensors and software systems to manual sampling and data collection tools that measure, record, and manage spatial and temporal data; ``(ii) technologies for searching out and assembling information necessary for sound agricultural production decisionmaking; ``(iii) open systems technologies for data networking and processing that produce valued systems for farm management decisionmaking, including high bandwidth networks, distributed processing, spatial databasing, object technology, global positioning systems, data modeling, high performance image processing, high resolution satellite imagery, digital orthophotgrammetry simulation, geographic information systems, computer aided design, and digital cartography; and ``(iv) machines that deliver information based management practices, including global positioning satellites, digital field mapping, on-the-go yield monitoring, automated pest scouting, and site-specific agricultural input application to accomplish the objectives of precision agriculture. ``(E) Systems research.--The term `systems research' means an integrated, coordinated, and iterative investigative process that considers the multiple interacting components and aspects of precision agriculture systems, including synthesis of new knowledge regarding the physical-chemical- biological processes and complex interactions with cropping and natural resource systems, precision agriculture technologies development and implementation, data and information collection and interpretation, production scale planning, production- scale implementation, and farm production efficiencies, productivity, and profitability. ``(2) Emphasis on research, education, and information dissemination grants.--The Secretary of Agriculture, in collaboration with the advisory board, shall ensure that research, education, and information dissemination grants made under subsection (b) are, where appropriate, consistent with the development and promotion of precision agriculture. Research, education, and information dissemination projects supported by the grants and designed to develop and demonstrate precision agriculture shall address 1 or more of the following: ``(A) The study and promotion of components of precision agriculture technologies using a systems research approach designed to increase long-term site- specific and whole-farm production efficiencies, productivity, and profitability. ``(B) The improvement in the understanding of agronomic systems, including soil, water, land cover, and meteorological variability. ``(C) The development, demonstration, and dissemination of information regarding precision agriculture technologies and systems into an integrated program. ``(D) The promotion of systems research and education projects focusing on the integration of the multiple aspects of precision agriculture, including development, production-scale implementation, and farm production efficiencies, productivity, and profitability. ``(E) The education of agricultural producers and consumers regarding the benefits of precision agriculture as it relates to increased long-term farm production efficiencies, productivity, and profitability, as well as the maintenance of the environment and improvements in international trade. ``(F) The provision of training and educational programs for State cooperative extension services agents, agricultural producers, agricultural input machinery, product, and service providers, and certified crop advisers and other professionals involved in the agricultural production and transfer of integrated precision agriculture technology. ``(3) Priorities for research, education, and information dissemination grants.--In making grants to eligible entities under subsection (b) regarding precision agriculture, the Secretary, in collaboration with the advisory board, shall give priority to research, education, and information dissemination projects that are designed to accomplish the following: ``(A) The use of precision agriculture technologies and a systems research approach to increase long-term site-specific and whole-farm production efficiencies, productivity, and profitability. ``(B) The integration of research, education, and information dissemination components in a practical and readily available manner so that the findings of the project will be made readily usable by farmers. ``(C) The promotion of the efficient use of agricultural inputs, rather than the uniform reduction in the use of agricultural inputs. ``(D) The maximization of the involvement and cooperation of precision agriculture producers, certified crop advisers, State cooperative extension services agents, and agricultural input machinery, product, and service providers in precision agriculture systems research projects involving on-farm research, education, and information dissemination of precision agriculture. ``(E) The cooperation among farms that are managed using precision agriculture farm production practices, nonprofit organizations, agribusinesses, agricultural input machinery, product, and service providers, land- grant colleges and universities, the State cooperative extension services, and Government agencies (including national laboratories). ``(F) The benefits of precision agriculture in relationship to global food production, reducing world hunger, world population trends, and efforts to maintain and enhance the environment. ``(G) The diversity of United States agricultural production, including production on family owned and operated farms, large acreage farms, small acreage farms, and mixed crop, specialty crop, commodity crop, and livestock operations. ``(H) The maximization of collaboration with multiple agencies and other partners that includes leveraging of funds and resources. ``(4) Education and information dissemination.-- ``(A) Reservation of funds for projects.--Of the funds allocated for competitive research grants under subsection (b) related to precision agriculture, the Secretary shall reserve a portion of the funds for education and information dissemination projects regarding precision agriculture. ``(B) Compliance with priorities for information dissemination.--In the dissemination of information derived from research projects regarding precision agriculture that are supported by grants made under subsection (b), the Secretary shall ensure that both employees of the Department of Agriculture and grant recipients comply with the priorities specified in paragraph (3). ``(5) Precision agriculture partnerships.-- ``(A) Establishment.--For the purposes of this section, the Secretary, in collaboration with the advisory board, shall encourage the establishment of appropriate multistate and national partnerships or consortia between-- ``(i) land-grant colleges and universities, State Agricultural Experiment Stations, State cooperative extension services, other colleges and universities with demonstrable expertise regarding precision agriculture, agencies of the Department of Agriculture, national laboratories, agribusinesses, agricultural equipment and input manufacturers and retailers, certified crop advisers, commodity organizations, other Federal or State government entities and agencies, and non- agricultural industries and nonprofit organizations with demonstrable expertise regarding precision agriculture; and ``(ii) the persons and entities described in clause (i) and agricultural producers and other land managers. ``(B) Partnership between national laboratories and department of agriculture.--The partnerships established pursuant to this paragraph shall include the partnership entered into (before the date of the enactment of this paragraph) by the Secretary of Energy, on behalf of the national laboratories, and the Secretary of Agriculture to promote cooperation and coordination between the national laboratories and agencies of the Department of Agriculture in the areas of systems research, technology research and development, and the transfer, utilization, and private-sector commercialization of technology. ``(C) Role of partnerships.--Partnerships described in subparagraphs (A) and (B) shall be eligible grantees for conducting systems research (including on-farm research) regarding precision agriculture and precision agriculture technologies. ``(6) Special aspects of research grants.--As part of a research project regarding precision agriculture that is funded under subsection (b), the grant recipient shall agree, to the extent practicable, to-- ``(A) study precision agriculture production systems that are located in areas that possess diverse crop, soil, climate, and physical characteristics; ``(B) study farms that are or have been managed using precision agriculture farm production practices that rely on the efficient use of agricultural inputs and precision agriculture technologies to increase farm production efficiency, productivity, and profitability; ``(C) conduct demonstration projects on farms that will be managed using precision agriculture; ``(D) take advantage of the experience and expertise of agricultural producers through their direct participation and leadership in projects; ``(E) utilize advanced access and communications technologies to transfer practical, reliable, and timely information to agricultural producers concerning precision agriculture practices, technologies, and systems; and ``(F) promote partnerships among producers, nonprofit organizations, agribusinesses, agricultural input machinery, product, and service providers, colleges and universities, the State cooperative extension services, and Government agencies (including national laboratories).''. (b) Reporting Requirements.--Subsection (l) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89- 106; 7 U.S.C. 450i) is amended to read as follows: ``(l) Reporting Requirements of Grant Recipients.--In addition to the recordkeeping responsibilities of recipients of assistance under this section, as prescribed by the Secretary under subsection (f), the Secretary shall prescribe regulations to require grant recipients to submit to the Secretary periodic reports regarding the research, education, and information dissemination activities supported with the assistance so as to enhance the usefulness of the monitoring and evaluation system developed by the Secretary under section 1413A(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3129(b)).''. (c) Entities Eligible for Grants.--Subsection (b)(1) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89-106; 7 U.S.C. 450i) is amended-- (1) by inserting after ``Federal agencies'' the following: ``(including laboratories as defined in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)))''; and (2) by inserting after ``corporations'' the following: ``(including agricultural input machinery, product, and service providers)''. (d) Precision Agriculture Research, Extension, and Education, Under Fund for Rural America.--Section 793(c)(2)(A) of the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-127; 7 U.S.C. 2204f(c)(2)(A)) is amended-- (1) by striking ``and'' at the end of clause (vii); (2) by striking the period at the end of clause (viii) and inserting ``; and''; and (3) by inserting after clause (viii) the following: ``(ix) develop and promote precision agriculture and precision agriculture technologies using a systems research approach, as the terms are defined in subsection (k)(1) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89- 106; 7 U.S.C. 450i).''. (e) Technical Amendment.--Subsection (b)(9)(A) of the Competitive, Special, and Facilities Research Grant Act (section 2 of Public Law 89- 106; 7 U.S.C. 450i) is amended by striking ``subsection (j)'' and inserting ``subsection (k)''.

Precision Agriculture Research, Education, and Information Dissemination Act of 1996 - Amends the Competitive, Special, and Facilities Research Grant Act to emphasize competitive grants that promote precision agriculture (as defined by this Act) research projects and to promote dissemination of such projects' results. Provides for the establishment of multistate and national agriculture partnerships, including existing partnerships between national laboratories (Secretary of Energy) and the Department of Agriculture. Amends the Federal Agriculture Improvement and Reform Act of 1996 to include precision agriculture within the research categories of the Fund for Rural America.

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SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Interstate Class Action Jurisdiction Act of 1999''. (b) Reference.--Whenever in this Act reference is made to an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 28, United States Code. SEC. 2. FINDINGS. The Congress finds that-- (1) as recently noted by the United States Court of Appeals for the Third Circuit, interstate class actions are ``the paradigm for Federal diversity jurisdiction because, in a constitutional sense, they implicate interstate commerce, invite discrimination by a local State, and tend to attract bias against business enterprises''; (2) most such cases, however, fall outside the scope of current Federal diversity jurisdiction statutes; (3) that exclusion is an unintended technicality, inasmuch as those statutes were enacted by Congress before the rise of the modern class action and therefore without recognition that interstate class actions typically are substantial controversies of the type for which diversity jurisdiction was designed; (4) Congress is constitutionally empowered to amend the current Federal diversity jurisdiction statutes to permit most interstate class actions to be brought in or removed to Federal district courts; and (5) in order to ensure that interstate class actions are adjudicated in a fair, consistent, and efficient manner and to correct the unintended, technical exclusion of such cases from the scope of Federal diversity jurisdiction, it is appropriate for Congress to amend the Federal diversity jurisdiction and related statutes to allow more interstate class actions to be brought in or removed to Federal court. SEC. 3. JURISDICTION OF DISTRICT COURTS. (a) Expansion of Federal Jurisdiction.--Section 1332 is amended by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following: ``(b)(1) The district courts shall have original jurisdiction of any civil action which is brought as a class action and in which-- ``(A) any member of a proposed plaintiff class is a citizen of a State different from any defendant; ``(B) any member of a proposed plaintiff class is a foreign state and any defendant is a citizen of a State; or ``(C) any member of a proposed plaintiff class is a citizen of a State and any defendant is a citizen or subject of a foreign state. As used in this paragraph, the term `foreign state' has the meaning given that term in section 1603(a). ``(2)(A) The district courts shall not exercise jurisdiction over a civil action described in paragraph (1) if the action is-- ``(i) an intrastate case; ``(ii) a limited scope case; or ``(iii) a State action case. ``(B) For purposes of subparagraph (A)-- ``(i) the term `intrastate case' means a class action in which the record indicates that-- ``(I) the claims asserted therein will be governed primarily by the laws of the State in which the action was originally filed; and ``(II) the substantial majority of the members of all proposed plaintiff classes, and the primary defendants, are citizens of the State in which the action was originally filed; ``(ii) the term `limited scope case' means a class action in which the record indicates that all matters in controversy asserted by all members of all proposed plaintiff classes do not in the aggregate exceed the sum or value of $1,000,000, exclusive of interest and costs, or a class action in which the number of members of all proposed plaintiff classes in the aggregate is less than 100; and ``(iii) the term `State action case' means a class action in which the primary defendants are States, State officials, or other governmental entities against whom the district court may be foreclosed from ordering relief. ``(3) Paragraph (1) shall not apply to any claim concerning a covered security as that term is defined in section 16(f)(3) of the Securities Act of 1933 and section 28(f)(5)(E) of the Securities Exchange Act of 1934. ``(4) Paragraph (1) shall not apply to any class action solely involving a claim that relates to-- ``(A) the internal affairs or governance of a corporation or other form of business enterprise and that arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or ``(B) the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 and the regulations issued thereunder).''. (b) Conforming Amendment.--Section 1332(c) (as redesignated by this section) is amended by inserting after ``Federal courts'' the following: ``pursuant to subsection (a) of this section''. (c) Determination of Diversity.--Section 1332, as amended by this section, is further amended by adding at the end the following: ``(f) For purposes of subsection (b), a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen.''. SEC. 4. REMOVAL OF CLASS ACTIONS. (a) In General.--Chapter 89 is amended by adding after section 1452 the following: ``Sec. 1453. Removal of class actions ``(a) In General.--A class action may be removed to a district court of the United States in accordance with this chapter, but without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed-- ``(1) by any defendant without the consent of all defendants; or ``(2) by any plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. ``(b) When Removable.--This section shall apply to any class action before or after the entry of any order certifying a class, except that a plaintiff class member who is not a named or representative class member of the action may not seek removal of the action before an order certifying a class of which the plaintiff is a class member has been entered. ``(c) Procedure for Removal.--The provisions of section 1446(a) relating to a defendant removing a case shall apply to a plaintiff removing a case under this section. With respect to the application of subsection (b) of such section, the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal no later than 30 days after receipt by such class member, through service or otherwise, of the initial written notice of the class action provided at the court's direction. ``(d) Exceptions.-- ``(1) Covered securities.--This section shall not apply to any claim concerning a covered security as that term is defined in section 16(f)(3) of the Securities Act of 1933 and section 28(f)(5)(E) of the Securities Exchange Act of 1934. ``(2) Internal governance of business entities.--This section shall not apply to any class action solely involving a claim that relates to-- ``(A) the internal affairs or governance of a corporation or other form of business enterprise and that arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or ``(B) the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 and the regulations issued thereunder).''. (b) Removal Limitations.--Section 1446(b) is amended in the second sentence-- (1) by inserting ``, by exercising due diligence,'' after ``ascertained''; and (2) by inserting ``(a)'' after ``section 1332''. (c) Technical and Conforming Amendments.--The table of sections for chapter 89 is amended by adding after the item relating to section 1452 the following: ``1453. Removal of class actions.''. (d) Application of Substantive State Law.--Nothing in this section or the amendments made by this section shall alter the substantive law applicable to an action to which the amendments made by section 3 of this Act apply. (e) Procedure After Removal.--Section 1447 is amended by adding at the end the following new subsection: ``(f) If, after removal, the court determines that no aspect of an action that is subject to its jurisdiction solely under the provisions of section 1332(b) may be maintained as a class action under Rule 23 of the Federal Rules of Civil Procedure, it shall dismiss the action. An action dismissed pursuant to this subsection may be amended and filed again in a State court, but any such refiled action may be removed again if it is an action of which the district courts of the United States have original jurisdiction. In any action that is dismissed pursuant to this subsection and that is refiled by any of the named plaintiffs therein in the same State court venue in which the dismissed action was originally filed, the limitations periods on all reasserted claims shall be deemed tolled for the period during which the dismissed class action was pending. The limitations periods on any claims that were asserted in a class action dismissed pursuant to this subsection that are subsequently asserted in an individual action shall be deemed tolled for the period during which the dismissed class action was pending.''. SEC. 5. APPLICABILITY. The amendments made by this Act shall apply to any action commenced on or after the date of the enactment of this Act. SEC. 6. GAO STUDY. The Comptroller General of the United States shall, by not later than 1 year after the date of the enactment of this Act, conduct a study of the impact of the amendments made by this Act on the workload of the Federal courts and report to the Congress on the results of the study. Passed the House of Representatives September 23, 1999. Attest: JEFF TRANDAHL, Clerk.

Prohibits the district courts from exercising jurisdiction over: (1) a civil action if the action is an intrastate case, a limited scope case, or a State action case; (2) any claim concerning a covered security; and (3) any class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which such enterprise is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security.Provides that, for purposes of a determination of diversity of citizenship, a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen.(Sec. 4) Allows a class action to be removed to a U.S. district court, but without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed by: (1) any defendant without the consent of all defendants; or (2) any plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. Specifies that this section shall apply to any class action before or after the entry of any order certifying a class, except that a plaintiff class member who is not a named or representative class member of the action may not seek removal of the action before an order certifying a class of which the plaintiff is a class member has been entered.Makes provisions relating to a defendant removing a case applicable to a plaintiff removing a case under this section. Specifies that the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal no later than 30 days after receipt by such class member of the initial written notice of the class action provided at the court's direction. Makes this section inapplicable to any: (1) claim concerning a covered security; and (2) class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which it is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security.Provides that if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant of a copy of an amended paper from which it may first be ascertained (current law) by exercising due diligence that the case is one which is or has become removable, with an exception.Requires the court to dismiss the action if, after removal, it determines that no aspect of an action that is subject to its jurisdiction solely under this Act may be maintained as a class action under rule 23 of the Federal Rules of Civil Procedure. Permits an action so dismissed to be amended and filed again in a State court, but allows any such re-filed action to be removed again if it is an action of which the U.S. district courts have original jurisdiction. Specifies that in any action dismissed pursuant to this section that is re-filed by any of the named plaintiffs therein in the same State court venue in which the dismissed action was originally filed, the period of limitations on all reasserted claims shall be deemed tolled for the period during which the dismissed class action was pending. Deems the limitations periods on any claims that were asserted in a class action dismissed pursuant to this section that are subsequently asserted in an individual action to be tolled for the period during which the dismissed class action was pending.Directs the Comptroller General of the United States to conduct a study of the impact of this Act on the workload of the Federal courts and report to Congress.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Administration Authorization Act for Fiscal Year 2001''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001. Funds are hereby authorized to be appropriated, as Appropriations Acts may provide, for the use of the Department of Transportation for the Maritime Administration as follows: (1) For expenses necessary for operations and training activities, not to exceed $80,240,000 for the fiscal year ending September 30, 2001. (2) For the costs, as defined in section 502 of the Federal Credit Reform Act of 1990, of guaranteed loans authorized by title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), $50,000,000, to be available until expended. In addition, for administrative expenses related to loan guarantee commitments under title XI of that Act, $4,179,000. SEC. 3. AMENDMENTS TO TITLE IX OF THE MERCHANT MARINE ACT, 1936. (a) Title IX of the Merchant Marine Act, 1936 (46 U.S.C. App. 101 et seq.) is amended by adding at the end thereof the following: ``SEC. 910. DOCUMENTATION OF CERTAIN DRY CARGO VESSELS. ``(a) In General.--The restrictions of section 901(b)(1) of this Act concerning a vessel built in a foreign country shall not apply to a newly constructed drybulk or breakbulk vessel over 7,500 deadweight tons that has been delivered from a foreign shipyard or contracted for construction in a foreign shipyard before the earlier of-- ``(1) the date that is 1 year after the date of enactment of the Maritime Administration Authorization Act for Fiscal Year 2001; or ``(2) the effective date of the OECD Shipbuilding Trade Agreement Act. ``(b) Compliance With Certain U.S.-Build Requirements.--A vessel timely contracted for or delivered pursuant to this section and documented under the laws of the United States shall be deemed to have been United-States built for purposes of sections 901(b) and 901b of this Act if-- ``(1) following delivery by a foreign shipyard, the vessel has any additional shipyard work necessary to receive its initial Coast Guard certificate of inspection performed in a United States shipyard; ``(2) the vessel is not documented in another country before being documented under the laws of the United States; ``(3) the vessel complies with the same inspection standards set forth for ocean common carriers in section 1137 of the Coast Guard Authorization Act of 1996 (46 U.S.C. App. 1187 note); and ``(4) actual delivery of a vessel contracted for construction takes place on or before the 3-year anniversary of the date of the contract to construct the vessel. ``(c) Section 12106(e) of Title 46.--Section 12106(e) of title 46, United States Code, shall not apply to a vessel built pursuant to this section.''. (b) Conforming Calendar Year to Federal Fiscal Year for Section 901b Purposes.--Section 901b(c)(2) of the Merchant Marine Act, 1936 (46 U.S.C App. 1241f(c)(2)) is amended by striking ``1986.'' and inserting ``1986, the 18-month period commencing April 1, 2000, and the 12-month period beginning on the first day of October in the year 2001 and each year thereafter.''. SEC. 4. SCRAPPING OF CERTAIN VESSELS. (a) International Environmental Scrapping Standard.--The Secretary of State in coordination with the Secretary of Transportation shall initiate discussions in all appropriate international forums in order to establish an international standard for the scrapping of vessels in a safe and environmentally sound manner. (b) Scrapping of Obsolete National Defense Reserve Fleet Vessels.-- (1) Development of a ship scrapping program.--The Secretary of Transportation, in consultation with the Secretary of the Navy, the Administrator of the Environmental Protection Agency, the Assistant Secretary for Occupational Safety and Health, and the Secretary of State, shall develop a program within 9 months after the date of enactment of this Act for the scrapping of obsolete National Defense Reserve Fleet Vessels and report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Armed Services. (A) Content.--The report shall include information concerning the initial determination of scrapping capacity, both domestically and abroad, development of appropriate regulations, funding and staffing requirements, milestone dates for the disposal of each obsolete vessel, and long term cost estimates for the ship scrapping program. (B) Alternatives.--In developing the program the Secretary of Transportation, in consultation with the Secretary of the Navy, the Administrator of the Environmental Protection Agency, and the Secretary of State shall consider all alternatives and available information including-- (i) alternative scrapping sites; (ii) vessel donations; (iii) sinking of vessels in deep water; (iv) sinking vessels for development of artificial reefs; (v) sales of vessels before they become obsolete; (vi) results from the Navy Pilot Scrapping Program under section 8124 of the Department of Defense Appropriations Act, 1999; and (vii) the Report of the Department of Defense's Interagency Panel on Ship Scrapping issued in April, 1998. (2) Selection of scrapping facilities.--Notwithstanding the provisions of the Toxic Substances Control Act (15 U.S.C. 2605 et seq.), a ship scrapping program shall be accomplished through qualified scrapping facilities whether located in the United States or abroad. Scrapping facilities shall be selected on a best value basis taking into consideration, among other things, the facilities's ability to scrap vessels-- (A) economically; (B) in a safe and timely manner; (C) with minimal impact on the environment; (D) with proper respect for worker safety; and (E) by minimizing the geographic distance that a vessel must be towed when such a vessel poses a serious threat to the environment. (3) Amendment of national maritime heritage act.--Section 6(c)(1) of the National Maritime Heritage Act of 1994 (16 U.S.C. 5405(c)(1)) is amended-- (A) by striking ``2001'' in subparagraph (A) and inserting ``2006''; and (B) by striking subparagraph (B) and inserting the following: ``(B) in the most cost effective manner to the United States taking into account the need for disposal, the environment, and safety concerns; and''. (4) Funding for scrapping.--Section 2218(c)(1)(E) of title 10, United States Code, is amended by inserting ``and scrapping the vessels of'' after ``maintaining''. (c) Limitation on Scrapping Before Program.--Until the report required by subsection (b)(1) is transmitted to the Congress, the Secretary may not proceed with the scrapping of any vessels in the National Defense Reserve Fleet except the following: (1) EXPORT CHALLENGER. (2) EXPORT COMMERCE. (3) BUILDER. (4) ALBERT E. WATTS. (5) WAYNE VICTORY. (6) MORMACDAWN. (7) MORMACMOON. (8) SANTA ELENA. (9) SANTA ISABEL. (10) SANTA CRUZ. (11) PROTECTOR. (12) LAUDERDALE. (13) PVT. FRED C. MURPHY. (14) BEAUJOLAIS. (15) MEACHAM. (16) NEACO. (17) WABASH. (18) NEMASKET. (19) MIRFAK. (20) GEN. ALEX M. PATCH. (21) ARTHUR M. HUDDELL. (22) WASHINGTON. (23) SUFFOLK COUNTY. (24) CRANDALL. (25) CRILLEY. (26) RIGEL. (27) VEGA. (28) COMPASS ISLAND. (29) DONNER. (30) PRESERVER. (31) MARINE FIDDLER. (32) WOOD COUNTY. (33) CATAWBA VICTORY. (34) GEN. NELSON M. WALKER. (35) LORAIN COUNTY. (36) LYNCH. (37) MISSION SANTA YNEZ. (38) CALOOSAHATCHEE. (39) CANISTEO. (d) Biannual Report.--Beginning 1 year after the date of enactment of this Act, the Secretary of Transportation in coordination with the Secretary of the Navy shall report to Congress biannually on the progress of the ship scrapping program developed under subsection (b)(1) and on the progress of any other scrapping of obsolete government-owned vessels. SEC. 5. REPORTING OF ADMINISTERED AND OVERSIGHT FUNDS. The Maritime Administration, in its annual report to the Congress under section 208 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1118), and in its annual budget estimate submitted to the Congress, shall state separately the amount, source, intended use, and nature of any funds (other than funds appropriated to the Administration or to the Secretary of Transportation for use by the Administration) administered, or subject to oversight, by the Administration. SEC. 6. MARITIME INTERMODAL RESEARCH. Section 8 of Public Law 101-115 (46 U.S.C. App. 1121-2) is amended by adding at the end thereof the following: ``(f) University Transportation Research Funds.-- ``(1) In general.--The Secretary may make a grant under section 5505 of title 49, United States Code, to an institute designated under subsection (a) for maritime and maritime intermodal research under that section as if the institute were a university transportation center. ``(2) Advice and consultation of marad.--In making a grant under the authority of paragraph (1), the Secretary, through the Research and Special Programs Administration, shall advise the Maritime Administration concerning the availability of funds for the grants, and consult with the Administration on the making of the grants.''. SEC. 7. MARITIME RESEARCH AND TECHNOLOGY DEVELOPMENT. (a) In General.--The Secretary of Transportation shall conduct a study of maritime research and technology development, and report its findings and conclusions, together with any recommendations it finds appropriate, to the Congress within 9 months after the date of enactment of this Act. (b) Required Areas of Study.--The Secretary shall include the following items in the report required by subsection (a): (1) The approximate dollar values appropriated by the Congress for each of the 5 fiscal years ending before the study is commenced for each of the following modes of transportation: (A) Highway. (B) Rail. (C) Aviation. (D) Public transit. (E) Maritime. (2) A description of how Federal funds appropriated for research in the different transportation modes are utilized. (3) A summary and description of current research and technology development funds appropriated for each of those fiscal years for maritime research initiatives, with separate categories for funds provided to the Coast Guard for marine safety research purposes. (4) A description of cooperative mechanisms that could be used to attract and leverage non-federal investments in United States maritime research and technology development and application programs, including the potential for the creation of maritime transportation research centers and the benefits of cooperating with existing surface transportation research centers. (5) Proposals for research and technology development funding to facilitate the evolution of Maritime Transportation System. (c) Authorization of Appropriations.--There are authorized to be appropriated $100,000 to carry out this section. SEC. 8. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL, GLACIER. (a) Authority to Convey.--Notwithstanding any other law, the Secretary of Transportation may, subject to subsection (b), convey all right, title, and interest of the United States Government in and to the vessel in the National Defense Reserve Fleet that was formerly the U.S.S. GLACIER (United States official number AGB-4) to the Glacier Society, Inc., a corporation established under the laws of the State of Connecticut that is located in Bridgeport, Connecticut. (b) Terms of Conveyance.-- (1) Required conditions.--The Secretary may not convey the vessel under this section unless the corporation-- (A) agrees to use the vessel for the purpose of a monument to the accomplishments of members of the Armed Forces of the United States, civilians, scientists, and diplomats in exploration of the Arctic and the Antarctic; (B) agrees that the vessel will not be used for commercial purposes; (C) agrees to make the vessel available to the Government if the Secretary requires use of the vessel by the Government for war or national emergency; (D) agrees to hold the Government harmless for any claims arising from exposure to asbestos, polychlorinated biphenyls, or lead paint after the conveyance of the vessel, except for claims arising from use of the vessel by the Government pursuant to the agreement under subparagraph (C); and (E) provides sufficient evidence to the Secretary that it has available for use to restore the vessel, in the form of cash, liquid assets, or a written loan commitment, financial resources of at least $100,000. (2) Delivery of vessel.--If the Secretary conveys the vessel under this section, the Secretary shall deliver the vessel-- (A) at the place where the vessel is located on the date of conveyance; (B) in its condition on that date; and (C) at no cost to the United States Government. (3) Additional terms.--The Secretary may require such additional terms in connection with the conveyance authorized by this section as the Secretary considers appropriate. (c) Other Unneeded Equipment.--If the Secretary conveys the vessel under this section, the Secretary may also convey to the corporation any unneeded equipment from other vessels in the National Defense Reserve Fleet or Government storage facilities for use to restore the vessel to museum quality or to its original configuration (or both). (d) Retention of Vessel in NDRF.--The Secretary shall retain in the National Defense Reserve Fleet the vessel authorized to be conveyed under this section until the earlier of-- (1) 2 years after the date of the enactment of this Act; or (2) the date of the conveyance of the vessel under this section. Passed the Senate September 28 (legislative day, September 22), 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 2487 _______________________________________________________________________ AN ACT To authorize appropriations for Fiscal Year 2001 for certain maritime programs of the Department of Transportation.

(Sec. 3) Amends the Merchant Marine Act, 1936 to declare that certain restrictions concerning a vessel built in a foreign country shall not apply to a newly constructed drybulk or breakbulk vessel over 7,500 deadweight tons that has been delivered from a foreign shipyard or contracted for construction in a foreign shipyard before the earlier of two specified dates. Deems U.S.-built any vessel timely contracted for or delivered and documented under U.S. law, if certain conditions are met. (Sec. 4) Directs the Secretary of State, in coordination with the Secretary of Transportation, to initiate discussions in all appropriate international forums to establish an international standard for the scrapping of vessels in a safe and environmentally sound manner. Directs the Secretary of Transportation to develop, and report to specified congressional committees on, a program for the scrapping of obsolete National Defense Reserve Fleet Vessels. Amends the National Maritime Heritage Act of 1994 to extend, through September 30, 2006, the authority of the Secretary to dispose of certain vessels in the National Defense Reserve Fleet. Requires that such vessels be disposed of in the most cost effective manner to the United States, taking into account the need for disposal, the environment, and safety concerns. Amends Federal law to authorize the expenditure of funds from the National Defense Sealift Fund for costs related to the scrapping of National Defense Reserve Fleet vessels. Names vessels in the National Defense Reserve Fleet that may be scrapped in the United States or a foreign country. (Sec. 5) Requires the Maritime Administration (in its annual report to Congress and its estimated annual budget) to state separately the amount, source, intended use, and nature of any funds (other than funds appropriated to the Administration or to the Secretary for use by the Administration) administered, or subject to oversight, by the Administration. (Sec. 6) Amends Federal maritime law to authorize the Secretary of Transportation to make a grant to a National Maritime Enhancement Institute for maritime and maritime intermodal research as if the Institute were a university transportation center. (Sec. 7) Directs the Secretary to study maritime research and technology development, and report the results, including any recommendations, to Congress. Authorizes appropriations. (Sec. 8) Authorizes the Secretary to convey all right, title, and U.S. interest in the U.S.S. GLACIER (formerly of the National Defense Reserve Fleet) to the Glacier Society, Inc., Bridgeport, Connecticut.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Travelling Sales Crew Protection Act''. SEC. 2. APPLICATION OF FAIR LABOR STANDARDS ACT OF 1938 TO CERTAIN OUTSIDE SALESMEN. (a) In General.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended by adding at the end the following: ``(k) For purposes of subsection (a)(1), and notwithstanding any other provision of law, the term `outside salesman' does not include any individual employed in the position of a salesman, if the individual travels with a group of salespeople, including a supervisor, team leader or crew leader, and the employees in the group do not return to their permanent residences at the end of the work day.''. (b) Limitation on Child Labor.--Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following: ``(e) No individual under 18 years of age may be employed in a position requiring the individual to engage in door-to-door sales or in related support work in a manner that requires the individual to remain away from the individual's permanent residence for more than 24 hours.''. SEC. 3. PROTECTION OF TRAVELLING SALES CREWS. (a) Travelling Sales Crew Worker Defined.--(1) Except as provided in paragraph (2), the term ``travelling sales crew worker'' means an individual who-- (A) is employed as a salesperson or in related support work; (B) travels with a group of salespersons, including a supervisor; and (C) is required to be absent overnight from his or her permanent place of residence.-- (2) Such term does not include-- (D) any individual who meets the requirements of subparagraph (A) if such individual is travelling to a trade show or convention; or (E) any immediate family member of a travelling sales crew employer. (b) Secretary to Prescribe Rules.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor (hereinafter in this Act, the ``Secretary'') shall prescribe rules governing the protection of travelling sales crews. Such rules shall contain the following requirements: (1) Registration.--Each employer or supervisor of a travelling sales crew worker must obtain a certificate of registration from the Secretary. The Secretary shall prescribe the manner of application and the standards for issuance for such a certificate, including a reasonable fee for such application. (2) Employer requirements.--An employer of travelling sales crew workers must carry out the following duties, in accordance with the rules prescribed by the Secretary: (A) Disclosure of conditions of employment.--The employer must disclose to each travelling sales crew worker employed by such employer, in writing, information related to such worker's conditions of employment, including the rate of pay, applicable pay period, duration of employment, and whether the employer provides workers' compensation insurance coverage for the worker. (B) Payment of wages, recordkeeping.--For each pay period, the employer must-- (i) pay to each travelling sales crew worker employed by such employer wages owed such worker when due; (ii) make such payment in United States currency or by negotiable instrument; and (iii) provide a written statement to each travelling sales crew worker employed by such employer, and maintain records (which must be kept for at least 3 years), relating to the earnings of (and any withholdings of earnings from) each such worker. (C) Employer payment of employee business expenses.--Other than a deduction from wages for the actual cost to the employer of any board, lodging, or other facilities provided by the employer to a travelling sales crew worker employed by such employer, the employer may not require the worker-- (i) to purchase any goods or services solely from the employer; or (ii) to pay for any of the employer's business expenses. (D) Vehicle insurance.--The employer must maintain liability insurance coverage in compliance with any applicable State law and sufficient (as determined by the Secretary) to protect any travelling sales crew workers transported in such a vehicle and to ensure against liability to other persons and property arising from the use of such vehicle for such purpose, except that if the Secretary determines that such workers are covered under an applicable workers' compensation insurance policy provided by the employer, additional vehicle insurance covering such workers may be waived by the Secretary. (E) Transportation safety.--The employer must maintain any motor vehicle used to transport a travelling sales crew worker employed by such employer in compliance with any applicable Federal, State, or local vehicle safety standards and with any additional safety rules prescribed by the Secretary. (F) Housing safety.--The employer must maintain any lodging owned or controlled by the employer in compliance with any applicable Federal, State, or local housing, sanitation, health, building, or other safety standards and with any additional safety rules prescribed by the Secretary. (G) Prohibition on discrimination.--An employer, or an agent of the employer, may not intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any travelling sales crew worker because such worker has, with just cause, filed any complaint or instituted, or caused to be instituted, any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or because of the exercise, with just cause, by such worker on behalf of the worker or others of any right or protection afforded by this Act. SEC. 4. ENFORCEMENT. (a) Criminal Sanctions.--An employer that willfully and knowingly violates a rule prescribed under this Act shall be imprisoned for not more than one year or fined not more than $10,000, or both. Upon conviction for a subsequent violation of a rule prescribed under this Act, an employer shall be imprisoned for not more than 3 years or fined not more than $50,000, or both. (b) Civil Penalty.--An employer that violates a rule prescribed under this Act shall be liable to the United States for a civil penalty of not more than $10,000 for each such violation. The Secretary may assess and collect such civil penalty after a determination, made on the record after opportunity for an agency hearing, of-- (1) liability for such violation; and (2) the appropriate amount of the penalty, based on the previous compliance record of the employer and the gravity of the violation. (c) Administrative Actions.--The Secretary shall prescribe rules providing a procedure for an aggrieved travelling sales crew worker to file an administrative complaint with the Secretary, which the Secretary shall investigate and follow up with any appropriate enforcement action against the employer of such worker, including referral to the Attorney General of such employer for criminal sanctions under subsection (a), the imposition by the Secretary of a civil penalty under subsection (b), or the filing of a civil action on behalf of such worker to enjoin such employer under subsection (d). (d) Civil Action.--Any person aggrieved by a violation of a rule prescribed under this Act (or the Secretary, on behalf of any such person) may bring, in an appropriate United States district court (without regard to the amount in controversy, the citizenship of the parties, or the exhaustion of administrative remedies), a civil action-- (1) to enjoin such violation; (2) to recover the greater of-- (A) actual damages; or (B) not more than $1,000 for each such violation for each plaintiff (which may not exceed $1,000,000 for all plaintiffs in a class); and (3) for other equitable relief; and (4) to recover the costs of the litigation and a reasonable attorney fee.

Traveling Sales Crew Protection Act - Amends the Fair Labor Standards Act of 1938 to: (1) exclude from an exemption from minimum wage and overtime requirements (thus applying such requirements to) employee members of traveling sales crews who do not return to their permanent residences at the end of the workday; and (2) prohibit minors from being employed in door-to-door sales or related support work requiring them to remain away from their permanent residences for more than 24 hours.Requires certificates of registration for employers and supervisors of traveling sales crews operations. Sets forth various obligations of employers of traveling sales crew workers. Directs the Secretary of Labor to: (1) administer such registration system; and (2) promulgate safety and health standards for vehicles used to transport traveling sales crew members. Sets forth enforcement provisions, including criminal sanctions, civil penalties, administrative complaints, and private rights of action.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology for the Classroom Act of 1993''. SEC. 2. PURPOSE. It is the purpose of this Act to establish a program to develop and expand the use of high quality curriculum-based learning resources using state-of-the-art technologies and techniques which are or can be designed to increase the achievement levels of students in subject areas including mathematics, science, geography, history and language arts. SEC. 3. ACHIEVEMENT GRANTS. (a) Competitive Grants.-- (1) In general.--The Secretary shall award grants, on a competitive basis, to eligible consortia to enable such eligible consortia to develop instructional programs or technology-based systems for complete courses or units of study for a specific subject and grade level, if such programs or systems are commercially unavailable in the local area served by such eligible consortia. (2) Eligible consortium.--For the purpose of this section the term ``eligible consortium'' means a consortium consisting of-- (A) State or local educational agencies in partnership with businesses; and (B) institutions of higher education or other public or private nonprofit organizations. (b) Priority.--In awarding grants under this section, the Secretary shall give priority to applications describing programs or systems that are developed-- (1) so that the program or system may be adapted and applied nationally; and (2) to raise the achievement levels of students, particularly disadvantaged students who are not realizing their potential. (c) Duration and Amount.--Each grant made under this section shall be awarded for a period not to exceed 3 years and in an amount not to exceed $3,000,000. (d) Matching Requirement.--The Secretary may not make a grant to an eligible consortium under subsection (a) unless the eligible consortium agrees that, with respect to the costs to be incurred by the eligible consortium in carrying out the program or system for which the grant was awarded, the eligible consortium will make available (from private sources) non-Federal contributions in an amount not less than 25 percent of the Federal funds provided under the grant. (e) Application.-- (1) In general.--Each consortium desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may prescribe. (2) Contents.--Each application submitted pursuant to paragraph (1) shall include-- (A) a description of how the program or system shall improve the achievement levels of students; (B) a description of how teachers associated with the program or system will be trained to integrate technology into the classroom; and (C) an assurance that the program or system shall effectively serve a large number or percentage of economically disadvantaged students. (f) Criteria for Awarding Grants.--In awarding a grant under this section to develop a program or system, the Secretary shall consider the appropriateness and quality of the following elements of the program or system: (1) Identification of specific learning objectives and strategies of the proposed course or unit of study, that take into consideration the national education standards for various disciplines as such standards are developed. (2) Incorporation in creative ways of a variety of technology-based learning resources such as computer software, databases, films, transparencies, video and audio discs, telecommunications (including educational radio and television), and print materials. (3) Design that allows tailoring of the program or system to meet individual needs of students, particularly students at greatest risk of not reaching their educational potential. (4) Flexibility of use by teachers or local schools. (5) Methods for updating or revising information and material. (6) Programs or materials to train and guide teachers. (7) Coordination with teacher training programs. (8) Explanatory materials for students and parents. (9) Field testing and evaluation in terms of stated learning objectives. (10) Plans for pricing technology-based materials that are affordable for public schools and agencies. (11) Plans for distribution that ensure access for the poorest schools and school districts. (12) Demonstration of cost-effectiveness in relation to existing programs and to achieving stated learning objectives. SEC. 4. GRANTS TO STATES TO IMPROVE ACCESS TO TECHNOLOGY. (a) Grants Authorized.-- (1) In general.--The Secretary is authorized to award grants to States to enable States to carry out the activities described in the plan submitted pursuant to subsection (c). (2) Amount of grant.--(A) Except as provided in subparagraph (B), the Secretary shall award grants under this section to each State having a plan approved under subsection (c) in an amount which bears the same relationship to the amount reserved to carry out this section under section 9 as the amount such State received under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 bears to the amount received under such chapter by all States. (B) No State shall receive a grant pursuant to subparagraph (A) in an amount which is less than $100,000. (b) Use of Grant.--Grants awarded under this section shall be used to-- (1) identify schools or school districts which have a large number of educationally disadvantaged students and limited access to technology-based learning resources; and (2) develop jointly, with local education agencies or individual schools, strategies to improve the accessibility and use of technology-based learning resources, including specific plans for-- (A) training of teachers and school personnel; (B) acquisition of hardware or software, if such acquisition presents a major barrier for accessibility to participation in the activities assisted under this section; and (C) partnership arrangements with businesses, institutions of higher education, or other public or private nonprofit organizations. (c) Plan.-- (1) In general.--Each State desiring a grant under this section shall submit to the Secretary a plan at such time, in such manner and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each plan submitted pursuant to paragraph (1) shall-- (A) describe the activities and services for which assistance is sought; (B) indicate how such State shall identify schools in need of the assistance provided under this section; (C) include a strategy for providing such assistance; and (D) contain assurances that such grant funds shall be focused on schools with a large percentage of educationally disadvantaged students. SEC. 5. FEDERAL INTERAGENCY COORDINATION. The Secretary shall coordinate and share information regarding curriculum-based educational technology programs assisted under this Act with other Federal agencies which administer programs that support the development of such programs, including the National Science Foundation, the Department of Defense, the Office of Technology Assessment, the Department of Energy, and the Department of Agriculture. SEC. 6. CONSUMER REPORT. The Secretary shall collect information about products developed pursuant to provisions of this Act and the evaluation of such products, and shall disseminate such information in regular reports to State and local educational agencies, and other organizations or individuals as the Secretary determines to be appropriate. SEC. 7. ROYALTIES. Notwithstanding any other provision of law, any royalties paid to any State or local educational agency as a result of assistance provided under this Act shall be used by such agency for further development of curriculum-based learning resources authorized by this Act. SEC. 8. DEFINITIONS. As used in this Act-- (1) the terms ``institution of higher education'' and ``local educational agency'' have the same meanings given such terms by subsections (a) and (g), respectively, of section 1201 of the Higher Education Act of 1965 (20 U.S.C. 1141); and (2) the term ``Secretary'', unless otherwise specified, means the Secretary of Education. SEC. 9. AUTHORIZATION OF FUNDS. For the purpose of carrying out this Act, there are authorized to be appropriated $90,000,000 for the fiscal year 1994 and such sums as may be necessary for each of the 4 succeeding fiscal years, of which-- (1) 50 percent of such funds shall be available in each such fiscal year to award grants pursuant to section 3; and (2) 50 percent of such funds shall be available in each such fiscal year to award grants pursuant to section 4.

Technology for the Classroom Act of 1993 - Directs the Secretary of Education to award competitive grants to eligible consortia to develop instructional programs and technology-based systems for complete courses or units of study for a specific subject and grade level, if these are commercially unavailable locally. Requires that an eligible consortium consist of: (1) State or local educational agencies in partnership with businesses; and (2) institutions of higher education or other public or private nonprofit organizations. Requires priority to be given to applications describing programs that are developed: (1) so that the program may be adapted and applied nationally; and (2) to raise the achievement levels of students, particularly disadvantaged students who are not realizing their potential. Authorizes the Secretary to award grants to: (1) identify schools or school districts which have a large number of educationally disadvantaged students and limited access to technology-based learning resources; and (2) develop jointly, with local educational agencies or individual schools, strategies to improve accessibility and use of technology-based learning resources, including specific plans for teacher and school personnel training, hardware or software acquisition (if this is a major barrier to accessibility), and partnership arrangements with businesses, institutions of higher education, and other public or private nonprofit organizations. Sets forth State plan requirements. Directs the Secretary to: (1) coordinate and share information regarding these curriculum-based educational technology programs with other Federal agencies; and (2) collect and disseminate information about such developed products and their evaluation. Requires that any royalties paid to any State or local educational agency as a result of assistance provided under this Act be used for further development of curriculum-based learning resources authorized by this Act. Authorizes appropriations.

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SECTION 1. FINDINGS. Congress finds the following: (1) Since 2011, the terrorist group now known as the Islamic State in Iraq and the Levant (ISIL), has rapidly expanded, now possessing greater funding, more personnel, and heavier weapons than any other terrorist force. (2) ISIL has threatened to continue attacking United States persons and interests and has an apocalyptic vision for a larger confrontation with the United States and its allies in the Middle East. (3) According to the United States intelligence community, approximately 20,000 to 30,000 ISIL fighters operate in Iraq and Syria, an estimated 3,000 of which are believed to have western passports. (4) ISIL finances itself through looting, smuggling, taxes, oil sales, kidnapping, and human trafficking. (5) According to United States officials, ISIL captured approximately 1,500 Humvees, a number of other modern armored vehicles and transport trucks, over 50 long-range Global Positioning System (GPS)-guided artillery pieces, a substantial number of artillery shells, a large quantity of small arms, approximately 4,000 heavy machine guns, and other weapons from the Iraqi Security Forces in June 2014, and has also reportedly captured a number of other weapons and vehicles from Bashar al- Assad's forces in Syria. (6) The rapidly deteriorating humanitarian situation in Iraq caused by ISIL advances in Iraq and Syria has resulted in approximately 1,500,000 refugees and internally displaced people from Syria and Iraq taking refuge in the Iraqi Kurdistan region. The Kurdistan Regional Government is facing a humanitarian and budget crisis while defending itself from ISIL. (7) The Kurdistan Regional Government (KRG) is the democratically elected government of the Kurdistan Region in Iraq, and Iraqi Kurds have been a reliable and stable partner of the United States. (8) The Iraqi constitution guarantees the right of Iraqi regions, such as Iraqi Kurdistan, to maintain ``internal security forces for the region such as police, security forces, and guards of the region''. (9) The Kurdish Peshmerga forces are officially organized under the Ministry of Peshmerga Affairs and commanded by the Minister of Peshmerga, who reports to the President of the Kurdistan Regional Government. (10) ISIL has positioned its forces along a 650-mile border with the Kurdistan Regional Government's Peshmerga forces. (11) ISIL has employed captured armored vehicles, long- range artillery, and heavy weapons in attacking thinly stretched Kurdish forces along the border. (12) United States airstrikes against ISIL targets have helped stall the terrorist organization's advance on territory held by Kurdish forces, but have not proven to be militarily decisive against ISIL. (13) The United States and its allies have provided the resupply of various small arms and training to Peshmerga forces since June 2014. (14) Such resupply efforts, to comply with United States law, must be approved and coordinated through the Government of Iraq. In the initial phase of the resupply effort, the Government of Iraq constrained and delayed the emergency supply of weapons to the Kurdistan Regional Government. (15) The Peshmerga forces lack battle-ready armored vehicles and the ability to take significant offensive action against ISIL forces, leading to requests for such assistance. (16) Armored vehicles, anti-armor weapons, long-range artillery, and other weapons are consistent with the Kurdistan Regional Government's constitutional right to defend itself against the clear and present danger posed by ISIL. (17) A strong Peshmerga force is essential to countering the ISIL threat to Iraq, the region, and United States interests. (18) The longer ISIL's sanctuary remains largely unchallenged, the more time it will have to reinforce its positions, and plan attacks against United States interests. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) defeating the Islamic State in Iraq and the Levant (ISIL) is critical to maintaining a unified Iraq in which all faiths and ethnicities are afforded equal protection and full integration into the Iraqi government and society; (2) the people of Kurdistan face an urgent and deadly threat from ISIL which the Iraqi Security Forces, of which the Peshmerga are a component, are currently unable to match in armaments; (3) any outstanding issues between the Government of Iraq and the Kurdistan Regional Government should be resolved by the two parties expeditiously to allow for a resumption of normal relations; and (4) ISIL's recent advances and continued growth present an imminent threat to Iraqi Kurdistan, the rest of Iraq and the Middle East, and international security. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to directly provide the Kurdistan Regional Government with advanced conventional weapons, training, and defense services, on an emergency and temporary basis, to more effectively partner with the United States and other international coalition members to defeat the Islamic State in Iraq and the Levant (ISIL). SEC. 4. TEMPORARY EMERGENCY AUTHORIZATION OF DEFENSE ARTICLES, DEFENSE SERVICES, AND RELATED TRAINING DIRECTLY TO THE KURDISTAN REGIONAL GOVERNMENT. (a) In General.--The President should consult with the Government of Iraq in carrying out the authority provided in subsection (b). (b) Authorization.-- (1) Military assistance.--The President is authorized to provide defense articles, defense services, and related training directly to the Kurdistan Regional Government for the purpose of supporting international coalition efforts against the Islamic State in Iraq and the Levant (ISIL) or any successor group. (2) Defense exports.--The President is authorized to issue licenses authorizing United States exporters to export defense articles, defense services, and related training directly to the Kurdistan Regional Government. For purposes of processing applications for such export licenses, the President is authorized to accept End Use Certificates approved by the Kurdistan Regional Government. (3) Types of assistance.--Assistance authorized under paragraph (1) and exports authorized under paragraph (2) may include anti-tank and anti-armor weapons, armored vehicles, long-range artillery, crew-served weapons and ammunition, secure command and communications equipment, body armor, helmets, logistics equipment, excess defense articles and other military assistance that the President determines to be appropriate. (c) Relationship to Existing Authorities; Conditions of Eligibility.-- (1) Relationship to existing authorities.--Assistance authorized under subsection (b)(1) and licenses for exports authorized under subsection (b)(2) shall be provided pursuant to the applicable provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.) and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), notwithstanding any requirement in such applicable provisions of law that a recipient of assistance of the type authorized under subsection (b)(1) shall be a country or international organization. (2) Conditions of eligibility.--In addition to such other provisions as the President may require, no defense article, defense service, or related training may be provided to the Kurdistan Regional Government under the authority of subsection (b)(1) or (b)(2) unless the Kurdistan Regional Government agrees that-- (A) it will not provide any such defense article, defense service, or related training to anyone who is not an officer, employee, or agent of the Kurdistan Regional Government, and (B) it will not use or permit the use of any such defense article, defense service, or related training for purposes other than the purposes for which it was provided, unless the consent of the President has first been obtained. (d) Report.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following: (A) The anticipated defense articles, defense services, and related training to be provided under the authority of subsections (b)(1) and (b)(2). (B) A timeline for the provision of such defense articles, defense services, and related training. (C) A description of mechanisms and procedures for end-use monitoring of such defense articles, defense services, and related training. (D) How such defense articles, defense services, and related training would contribute to the foreign policy and national security of the United States, as well as impact security in the region. (2) Definition.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Armed Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Armed Services of the Senate. (e) Notification.--The President should provide notification to the Government of Iraq prior to defense articles, defense services, or related training being provided to the Kurdistan Regional Government under the authority of subsection (b)(1) or (b)(2). (f) Definitions.--In this section, the terms ``defense article'', ``defense service'', and ``training'' have the meanings given those terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794). (g) Termination.--The authority to provide defense articles, defense services, and related training under subsection (b)(1) and the authority to issue licenses for exports authorized under subsection (b)(2) shall terminate on the date that is 3 years after the date of the enactment of this Act.

Expresses the sense of Congress that: defeating the Islamic State in Iraq and the Levant (ISIL) is critical to maintaining a unified Iraq in which all faiths and ethnicities are afforded equal protection and full integration into the government and society; the people of Kurdistan face a deadly threat from ISIL which the Iraqi Security Forces, of which the Peshmerga are a component, are currently unable to match in armaments; any outstanding issues between the government of Iraq and the Kurdistan Regional government (KRG) should be resolved expeditiously to allow for a resumption of normal relations; and ISIL's continued growth presents an imminent threat to Iraqi Kurdistan, the rest of Iraq and the Middle East, and international security. Authorizes the President to: (1) provide defense articles, defense services, and related training directly to the KRG to support international coalition efforts against ISIL or any successor group; and (2) issue licenses authorizing U.S. exporters to export defense articles, defense services, and related training directly to the KRG. Prohibits the provision of any defense article, service, or related training to the KRG under this Act unless the KRG agrees that it will not: provide any such defense article, service, or training to anyone who is not a KRG officer, employee, or agent; or use or permit the use of any such defense article, service, or training for purposes other than those for which it was provided, unless the President's consent has been obtained.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Staffing for Adequate Fire and Emergency Response Firefighters Act of 2003''. SEC. 2. OFFICE OF GRANT MANAGEMENT. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by redesignating the second section 33 and section 34 as sections 35 and 36, respectively, and by inserting after the first section 33 the following new section: ``SEC. 34. OFFICE OF GRANT MANAGEMENT. ``(a) Establishment.--A new office within the United States Fire Administration shall be established to administer the SAFER Firefighter grant program under this section. ``(b) Authority To Make Grants.--(1) The Administrator may make grants directly to career, voluntary, and combination fire departments of a State, in consultation with the chief executive of the State, for the purpose of substantially increasing the number of firefighters so that communities can meet industry minimum standards to provide adequate protection from acts of terrorism and hazards. ``(2)(A) Grants made under paragraph (1) shall be for 4 years and be used for programs to hire new, additional career firefighters. ``(B) Grantees are required to commit to retaining for at least 1 year beyond the termination of their grants those career firefighters hired under paragraph (1). ``(3) In awarding grants under this section, the Administrator may give preferential consideration, where feasible, to applications for hiring and rehiring additional career firefighters that involve a non- Federal contribution exceeding the minimums under paragraph (5). ``(4) The Administrator may provide technical assistance to States, units of local government, Indian tribal governments, and to other public entities, in furtherance of the purposes of this section. ``(5) The portion of the costs of a program, project, or activity provided by a grant under paragraph (1) may not exceed-- ``(A) 90 percent in the first year of the grant; ``(B) 80 percent in the second year of the grant; ``(C) 50 percent in the third year of the grant; and ``(D) 30 percent in the fourth year of the grant, unless the Administrator waives, wholly or in part, the requirement under this paragraph of a non-Federal contribution to the costs of a program, project, or activity. ``(6) The authority under paragraph (1) of this section to make grants for the hiring of additional career firefighters shall lapse at the conclusion of 10 years from the date of enactment of this section. Prior to the expiration of this grant authority, the Administrator shall submit a report to Congress concerning the experience with and effects of such grants. The report may include any recommendations the Administrator may have for amendments to this section and related provisions of law. ``(c) Applications.--(1) No grant may be made under this section unless an application has been submitted to, and approved by, the Administrator. ``(2) An application for a grant under this section shall be submitted in such form, and contain such information, as the Administrator may prescribe by regulation or guidelines. ``(3) In accordance with the regulations or guidelines established by the Administrator, each application for a grant under this section shall-- ``(A) include a long-term strategy and detailed implementation plan that reflects consultation with community groups and appropriate private and public agencies and reflects consideration of the statewide strategy; ``(B) explain the applicant's inability to address the need without Federal assistance; ``(C) outline the initial and ongoing level of community support for implementing the proposal including financial and in-kind contributions or other tangible commitments; ``(D) specify plans for obtaining necessary support and continuing the proposed program, project, or activity following the conclusion of Federal support; and ``(E) provide assurances that the applicant will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in order to increase their ranks within firefighting. ``(4) Notwithstanding any other provision of this section, in relation to applications under this section of units of local government or fire districts having jurisdiction over areas with populations of less than 50,000, the Administrator may waive 1 or more of the requirements of paragraph (3) and may otherwise make special provisions to facilitate the expedited submission, processing, and approval of such applications. ``(d) Limitation on Use of Funds.--(1) Funds made available under this section to States or units of local government for salaries and benefits to hire new, additional career firefighters shall not be used to supplant State or local funds, or, in the case of Indian tribal governments, funds supplied by the Bureau of Indian Affairs, but shall be used to increase the amount of funds that would, in the absence of Federal funds received under this section, be made available from State or local sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs. ``(2) Funds appropriated by the Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing firefighting functions on any Indian lands may be used to provide the non-Federal share of the cost of programs or projects funded under this section. ``(3)(A) Total funding provided under this section over 4 years for hiring a career firefighter may not exceed $100,000, unless the Administrator grants a waiver from this limitation. ``(B) The $100,000 cap shall be adjusted annually for inflation beginning in fiscal year 2005. ``(e) Performance Evaluation.--(1) Each program, project, or activity funded under this section shall contain a monitoring component, developed pursuant to guidelines established by the Administrator. The monitoring required by this subsection shall include systematic identification and collection of data about activities, accomplishments, and programs throughout the life of the program, project, or activity and presentation of such data in a usable form. ``(2) Selected grant recipients shall be evaluated on the local level or as part of a national evaluation, pursuant to guidelines established by the Administrator. Such evaluations may include assessments of individual program implementations. In selected jurisdictions that are able to support outcome evaluations, the effectiveness of funded programs, projects, and activities may be required. ``(3) The Administrator may require a grant recipient to submit to the Administrator the results of the monitoring and evaluations required under paragraphs (1) and (2) and such other data and information as the Administrator considers reasonably necessary. ``(f) Revocation or Suspension of Funding.--If the Administrator determines, as a result of the activities under subsection (e), or otherwise, that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application submitted under subsection (c), the Administrator may revoke or suspend funding of that grant, in whole or in part. ``(g) Access to Documents.--(1) The Administrator shall have access for the purpose of audit and examination to any pertinent books, documents, papers, or records of a grant recipient under this section and to the pertinent books, documents, papers, or records of State and local governments, persons, businesses, and other entities that are involved in programs, projects, or activities for which assistance is provided under this section. ``(2) Paragraph (1) shall apply with respect to audits and examinations conducted by the Comptroller General of the United States or by an authorized representative of the Comptroller General. ``(h) Definitions.--In this section, the term-- ``(1) `firefighter' has the meaning given the term `employee in fire protection activities' under section 3(a) of the Fair Labor Standards Act (29 U.S.C. 203(y)); and ``(2) `Indian tribe' means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(i) Authorization of Appropriations.--There are authorized to be appropriated for the purposes of carrying out this section-- ``(1) $1,000,000,000 for fiscal year 2004; ``(2) $1,030,000,000 for fiscal year 2005; ``(3) $1,061,000,000 for fiscal year 2006; ``(4) $1,093,000,000 for fiscal year 2007; ``(5) $1,126,000,000 for fiscal year 2008; ``(6) $1,159,000,000 for fiscal year 2009; and ``(7) $1,194,000,000 for fiscal year 2010.''.

Staffing for Adequate Fire and Emergency Response Firefighters Act of 2003 - Amends the Federal Fire Prevention and Control Act of 1974 to require the establishment of an office within the United States Fire Administration to administer the Staffing for Adequate Fire and Emergency Response (SAFER) Firefighter grant program under this Act.Authorizes the U.S. Fire Administrator to make direct four-year grants to State career, volunteer, and combination fire departments for staff increases in order to provide protection from terrorism and hazards. Specifies Federal grant contribution levels. Requires grantees to retain hired career firefighters for at least one year after grant termination. Terminates program authority ten years after enactment of this Act.Authorizes the Administrator to: (1) give preferential hiring to career firefighters where non-federal contributions exceed the minimums provided for by this Act; and (2) provide technical assistance to States, local governments, Indian tribes, and other public entities.Requires project evaluations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fallen Timbers Battlefield and Fort Miamis National Historical Site Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The 185-acre Fallen Timbers Battlefield is the site of the 1794 battle between the United States Army, led by General Anthony Wayne, and the confederation of Native American tribes led by the great Chief Tecumseh. (2) British troops, led by General Henry Proctor, landed at Fort Miamis in the spring of 1813 and attacked the fort twice, without success. (3) Fort Miamis and the Fallen Timbers Battlefield are in Lucas County, Ohio, in the city of Maumee. (4) The 9-acre Fallen Timbers Battlefield Monument is listed as a National Historic Landmark. (5) Fort Miamis is listed in the National Register of Historic Places as a historic site. (6) In 1959, the Battle of Fallen Timbers was included in the National Survey of Historic Sites and Buildings as 1 of 22 sites representing the ``Advance of the Frontier, 1763-1830''. (7) In 1960, the Battle of Fallen Timbers was designated as a National Historic Landmark. (b) Purposes.--The purposes of this Act are the following: (1) To recognize and preserve the 185-acre Fallen Timbers Battlefield site. (2) To formalize the linkage of the Fallen Timbers Battlefield and Monument to Fort Miamis. (3) To preserve and interpret United States military history and Native American culture in the Northwest Territory during the period from 1794 through 1813. (4) To provide assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State, in implementing a management plan that will preserve and interpret the historical, cultural, natural, recreational, and scenic resources of the historical site. (5) To authorize the Secretary to provide technical assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State (including the Ohio Historical Society, the city of Maumee, the Maumee Valley Heritage Corridor, the city of Toledo, the Fallen Timbers Battlefield Preservation Commission, and the Metropark District of the Toledo Area) in developing the management plan. SEC. 3. DEFINITIONS. In this Act: (1) Historical site.--The term ``historical site'' means the Fallen Timbers Battlefield and Monument and Fort Miamis National Historical Site established by section 4. (2) Management entity.--The term ``management entity'' means-- (A) the Ohio Historical Society, the city of Maumee, the Maumee Valley Heritage Corridor, Inc., the city of Toledo, the Metropark District of the Toledo Area, and (B) any other entity designated by the Governor of Ohio and approved by the Secretary in accordance with section 5, as a member of the management entity; acting jointly. (3) Management plan.--The term ``management plan'' means a plan for management of the historical site, that is developed by the management entity and approved by the Secretary in accordance with section 7. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Technical assistance.--The term ``technical assistance'' means any guidance, advice, or other aid, other than financial assistance, provided by the Secretary. SEC. 4. FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORICAL SITE. (a) Establishment.--There is established in the State of Ohio the Fallen Timbers Battlefield and Fort Miamis National Historical Site. (b) Components.-- (1) In general.--The historical site is comprised of the following: (A) The Fallen Timbers site, comprised generally of the following: (i) The Fallen Timbers battlefield site, consisting of an approximately 185-acre parcel located north of U.S. 24, west of U.S. 23/I- 475, south of the Norfolk and Western Railroad line, and east of Jerome Road. (ii) The approximately 9-acre Fallen Timbers battlefield monument, located south of U.S. 24. (B) The Fort Miamis Park site. (2) Map.--The management entity shall prepare a map of the historical site, which shall be on file and available for public inspection in the offices of the management entity. (3) Consent of local property owners.--No privately owned property shall be included within the boundaries of the historical site unless the owner of the property consents to the inclusion. SEC. 5. COMPLETION OF COMPOSITION OF MANAGEMENT ENTITY. Not later than 60 days after the date of the enactment of this Act, the Governor of Ohio may designate any entity for purposes of section 3(2)(A) and transmit that designation to the Secretary. The Secretary shall approve or disapprove any entity designated by the Governor by not later than 60 days after the date of that transmittal. SEC. 6. WITHDRAWAL OF DESIGNATION. (a) In General.--The historical site shall remain a National historical site unless-- (1) the Secretary determines that-- (A) the use, condition, or development of the historical site is incompatible with the purposes of this Act; or (B) the management entity has not made reasonable and appropriate progress in preparing or implementing the management plan for the historical site; and (2) after making a determination under paragraph (1), the Secretary submits to the Congress notification that establishment of the historical site should be withdrawn. (b) Public Hearing.--Before the Secretary makes a determination under subsection (a)(1), the Secretary shall hold a public hearing in the historical site. (c) Time of Withdrawal of Designation.-- (1) Definition of legislative day.--In this subsection, the term ``legislative day'' means any calendar day on which both Houses of Congress are in session. (2) Time period.--The withdrawal of the historical site designation shall become final 90 legislative days after the Secretary submits to Congress the notification under subsection (a)(2). SEC. 7. APPROVAL OF MANAGEMENT PLAN; CONSISTENCY OF FEDERAL ACTIONS. (a) Approval.-- (1) In general.--The management entity shall submit any proposed management plan to the Governor of the State of Ohio. Within 60 days after receiving the proposed management plan, the Governor shall transmit to the Secretary the proposed plan and any recommendations of the Governor regarding the proposed plan. Within 30 days after receiving the proposed management plan, the Secretary shall approve the proposed plan or return it to the Governor with any changes recommended by the Secretary. (2) Role of secretary.--The Secretary may not approve a proposed management plan unless it includes provisions which describe the role of the Secretary in implementing the plan. (3) Assistance.--The Secretary shall assist the management entity in the preparation of the management plan. (b) Ensuring Consistency of Other Federal Actions.--Any Federal agency conducting an activity directly affecting the historical site shall consider the potential effect of the activity on the management plan and shall consult with the management entity with respect to the activity to minimize the adverse effects of the activity on the historical site. SEC. 8. NO EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY. (a) No Effect on Authority of Governments.--Nothing in this Act modifies, enlarges, or diminishes the authority of any Federal department or agency to regulate the use of land. (b) No Zoning or Land Use Powers.--Nothing in this Act-- (1) grants any power of zoning or land use control to the management entity; or (2) modifies, enlarges, or diminishes any existing authority to regulate land use by any State or local government entity which is a member of the management entity. (c) No Effect on Local Authority or Private Property.--Nothing in this Act affects or authorizes the management entity to interfere with-- (1) the rights of any person with respect to private property; or (2) any local zoning ordinance or land use plan of the State of Ohio or a political subdivision of the State. SEC. 9. FISHING, TRAPPING, AND HUNTING. (a) No Diminishment of State Authority.--Establishment of the historical site does not diminish the authority of the State of Ohio to manage fish and wildlife, including the regulation of fishing, hunting, and trapping in the historical site. (b) No Conditioning of Approval and Assistance.--Neither the Secretary nor any other Federal agency may make a limitation on fishing, hunting, or trapping-- (1) a condition of the determination of eligibility for assistance under this Act; or (2) a condition for the receipt, in connection with the historical site, of any other form of assistance from the Secretary or the agency, respectively.

Fallen Timbers Battlefield and Fort Miamis National Historical Site Act - Establishes the Fallen Timbers Battlefield and Fort Miamis National Historical Site in Ohio. Authorizes the Governor of Ohio to designate, from a specified list of candidates, a management entity which shall draw up a management plan for approval by the Secretary of the Interior. Prohibits the Secretary or any other Federal agency from making a limitation on fishing, hunting, or trapping a condition of the determination of eligibility for, or receipt of, assistance under this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Education for Retirement Security Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) Improving financial literacy is a critical and complex task for Americans of all ages. (2) Low levels of savings and high levels of personal and real estate debt are serious problems for many households nearing retirement. (3) Only 53 percent of working Americans have any form of pension coverage. Three out of four women aged 65 or over receive no income from employer-provided pensions. (4) The more limited timeframe that mid-life and older individuals and families have to assess the realities of their individual circumstances, to recover from counter-productive choices and decisionmaking processes, and to benefit from more informed financial practices, has immediate impact and near term consequences for Americans nearing or of retirement age. (5) Research indicates that there are now 4 basic sources of retirement income security. Those sources are social security benefits, pensions and savings, healthcare insurance coverage, and, for an increasing number of older individuals, necessary earnings from working during one's ``retirement'' years. (6) The $5,000,000,000,000 loss in stock market equity values since 2000 has had a significantly negative effect on mid-life and older individuals and on their pension plans and retirement accounts, affecting both individuals with plans to retire and those who are already in retirement. (7) Although today's older individuals are generally thought to be doing well, nearly \1/5\ (18 percent) of such individuals were living below 125 percent of the poverty line during a year of national prosperity, 1995. (8) Over the next 30 years, the number of older individuals in the United States is expected to double, from 35,000,000 to nearly 75,000,000, and long-term care costs are expected to skyrocket. (9) Financial exploitation is the largest single category of abuse against older individuals and this population comprises more than \1/2\ of all telemarketing victims in the United States. (10) The Federal Trade Commission (FTC) Identity Theft Data Clearinghouse has reported that incidents of identity theft targeting individuals over the age of 60 increased from 1,821 victims in 2000 to 5,802 victims in 2001, a threefold increase. SEC. 3. GRANT PROGRAM TO ENHANCE FINANCIAL AND RETIREMENT LITERACY AND REDUCE FINANCIAL ABUSE AND FRAUD AMONG MID-LIFE AND OLDER AMERICANS. (a) Authority.--The Secretary is authorized to award grants to eligible entities to provide financial education programs to mid-life and older individuals who reside in local communities in order to-- (1) enhance financial and retirement knowledge among such individuals; and (2) reduce financial abuse and fraud, including telemarketing, mortgage, and pension fraud, among such individuals. (b) Eligible Entities.--An entity is eligible to receive a grant under this section if such entity is-- (1) a State agency or area agency on aging; or (2) a nonprofit organization with a proven record of providing-- (A) services to mid-life and older individuals; (B) consumer awareness programs; or (C) supportive services to low-income families. (c) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary in such form and containing such information as the Secretary may require, including a plan for continuing the programs provided with grant funds under this section after the grant expires. (d) Limitation on Administrative Costs.--A recipient of a grant under this section may not use more than 4 percent of the total amount of the grant in each fiscal year for the administrative costs of carrying out the programs provided with grant funds under this section. (e) Evaluation and Report.-- (1) Establishment of performance measures.--The Secretary shall develop measures to evaluate the programs provided with grant funds under this section. (2) Evaluation according to performance measures.--Applying the performance measures developed under paragraph (1), the Secretary shall evaluate the programs provided with grant funds under this section in order to-- (A) judge the performance and effectiveness of such programs; (B) identify which programs represent the best practices of entities developing such programs for mid- life and older individuals; and (C) identify which programs may be replicated. (3) Annual reports.--For each fiscal year in which a grant is awarded under this section, the Secretary shall submit a report to Congress containing a description of the status of the grant program under this section, a description of the programs provided with grant funds under this section, and the results of the evaluation of such programs under paragraph (2). SEC. 4. NATIONAL TRAINING AND TECHNICAL ASSISTANCE PROGRAM. (a) Authority.--The Secretary is authorized to award a grant to 1 or more eligible entities to-- (1) create and make available instructional materials and information that promote financial education; and (2) provide training and other related assistance regarding the establishment of financial education programs to eligible entities awarded a grant under section 3. (b) Eligible Entities.--An entity is eligible to receive a grant under this section if such entity is a national nonprofit organization with substantial experience in the field of financial education. (c) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary in such form and containing such information as the Secretary may require. (d) Basis and Term.--The Secretary shall award a grant under this section on a competitive, merit basis for a term of 5 years. SEC. 5. DEFINITIONS. In this Act: (1) Financial education.--The term ``financial education'' means education that promotes an understanding of consumer, economic, and personal finance concepts, including saving for retirement, long-term care, and estate planning and education on predatory lending and financial abuse schemes. (2) Mid-life individual.--The term ``mid-life individual'' means an individual aged 45 to 64 years. (3) Older individual.--The term ``older individual'' means an individual aged 65 or older. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated to carry out this Act, $100,000,000 for each of the fiscal years 2003 through 2007. (b) Limitation on Funds for Evaluation and Report.--The Secretary may not use more than $200,000 of the amounts appropriated under subsection (a) for each fiscal year to carry out section 3(e). (c) Limitation on Funds for Training and Technical Assistance.--The Secretary may not use less than 5 percent or more than 10 percent of amounts appropriated under subsection (a) for each fiscal year to carry out section 4.

Education for Retirement Security Act of 2002 - Authorizes the Secretary of Health and Human Services to award grants to eligible entities to provide financial education programs to mid-life and older individuals who reside in local communities in order to: (1) enhance financial and retirement knowledge among them; and (2) reduce financial abuse and fraud, including telemarketing, mortgage, and pension fraud, among them.Authorizes the Secretary to award a grant to one or more eligible entities to: (1) create and make available instructional materials and information that promote financial education; and (2) provide training and other related assistance regarding the establishment of financial education programs.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gasoline Price Reduction and Refinery Tax Fairness Act of 2004''. SEC. 2. POLICY. It is the policy of the United States to take all actions necessary in the areas of conservation, efficiency, alternative sources, technology development, and domestic production to reduce the United States dependence on foreign energy sources by January 1, 2014, to 45 percent of the Nation's total energy needs. SEC. 3. OIL AND GAS EXPLORATION AND PRODUCTION DEFINED. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(24) Oil and gas exploration and production.--The term `oil and gas exploration, production, processing, or treatment operations or transmission facilities' means all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.''. SEC. 4. OFFICE OF FEDERAL ENERGY PROJECT COORDINATION. (a) Establishment.--The President shall establish the Office of Federal Energy Project Coordination (referred to in this section as the ``Office'') within the Executive Office of the President in the same manner and with the same mission as the White House Energy Projects Task Force established by Executive Order No. 13212 (42 U.S.C. 13201 note). (b) Staffing.--The Office shall be staffed by functional experts from relevant Federal agencies on a nonreimbursable basis to carry out the mission of the Office. (c) Report.--The Office shall transmit an annual report to Congress that describes the activities put in place to coordinate and expedite Federal decisions on energy projects. The report shall list accomplishments in improving the Federal decisionmaking process and shall include any additional recommendations or systemic changes needed to establish a more effective and efficient Federal permitting process. SEC. 5. FEDERAL ONSHORE OIL AND GAS LEASING AND PERMITTING PRACTICES. (a) Review of Onshore Oil and Gas Leasing Practices.-- (1) In general.--The Secretary of the Interior, in consultation with the Secretary of Agriculture with respect to National Forest System lands under the jurisdiction of the Department of Agriculture, shall perform an internal review of current Federal onshore oil and gas leasing and permitting practices. (2) Inclusions.--The review shall include the process for-- (A) accepting or rejecting offers to lease; (B) administrative appeals of decisions or orders of officers or employees of the Bureau of Land Management with respect to a Federal oil or gas lease; (C) considering surface use plans of operation, including the timeframes in which the plans are considered, and any recommendations for improving and expediting the process; and (D) identifying stipulations to address site- specific concerns and conditions, including those stipulations relating to the environment and resource use conflicts. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall transmit a report to Congress that describes-- (1) actions taken under section 3 of Executive Order No. 13212 (42 U.S.C. 13201 note); and (2) actions taken or any plans to improve the Federal onshore oil and gas leasing program. SEC. 6. MANAGEMENT OF FEDERAL OIL AND GAS LEASING PROGRAMS. (a) Timely Action on Leases and Permits.--To ensure timely action on oil and gas leases and applications for permits to drill on land otherwise available for leasing, the Secretary of the Interior (in this section referred to as the ``Secretary'') shall-- (1) ensure expeditious compliance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); (2) improve consultation and coordination with the States and the public; and (3) improve the collection, storage, and retrieval of information relating to the leasing activities. (b) Best Management Practices.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall develop and implement best management practices to-- (A) improve the administration of the onshore oil and gas leasing program under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (B) ensure timely action on oil and gas leases and applications for permits to drill on lands otherwise available for leasing. (2) Considerations.--In developing the best management practices under paragraph (1), the Secretary shall consider any recommendations from the review under section 5. (3) Regulations.--Not later than 180 days after the development of best management practices under paragraph (1), the Secretary shall publish, for public comment, proposed regulations that set forth specific timeframes for processing leases and applications in accordance with the practices, including deadlines for-- (A) approving or disapproving resource management plans and related documents, lease applications, and surface use plans; and (B) related administrative appeals. (c) Improved Enforcement.--The Secretary shall improve inspection and enforcement of oil and gas activities, including enforcement of terms and conditions in permits to drill. (d) Authorization of Appropriations.--In addition to amounts authorized to be appropriated to carry out section 17 of the Mineral Leasing Act (30 U.S.C. 226), there are authorized to be appropriated to the Secretary for each of fiscal years 2005 through 2008-- (1) $40,000,000 to carry out subsections (a) and (b); and (2) $20,000,000 to carry out subsection (c). SEC. 7. CONSULTATION REGARDING OIL AND GAS LEASING ON PUBLIC LAND. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall enter into a memorandum of understanding regarding oil and gas leasing on-- (1) public lands under the jurisdiction of the Secretary of the Interior; and (2) National Forest System lands under the jurisdiction of the Secretary of Agriculture. (b) Contents.--The memorandum of understanding shall include provisions that-- (1) establish administrative procedures and lines of authority that ensure timely processing of oil and gas lease applications, surface use plans of operation, and applications for permits to drill, including steps for processing surface use plans and applications for permits to drill consistent with the timelines established by the amendment made by section 10; (2) eliminate duplication of effort by providing for coordination of planning and environmental compliance efforts; and (3) ensure that lease stipulations are-- (A) applied consistently; (B) coordinated between agencies; and (C) only as restrictive as necessary to protect the resource for which the stipulations are applied. (c) Data Retrieval System.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall establish a joint data retrieval system that is capable of-- (A) tracking applications and formal requests made in accordance with procedures of the Federal onshore oil and gas leasing program; and (B) providing information regarding the status of the applications and requests within the Department of the Interior and the Department of Agriculture. (2) Resource mapping.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall establish a joint Geographic Information System mapping system for use in-- (A) tracking surface resource values to aid in resource management; and (B) processing surface use plans of operation and applications for permits to drill. SEC. 8. ESTIMATES OF OIL AND GAS RESOURCES UNDERLYING ONSHORE FEDERAL LAND. (a) Assessment.--Section 604 of the Energy Act of 2000 (42 U.S.C. 6217) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``reserve''; and (ii) by striking ``and'' after the semicolon; and (B) by striking paragraph (2) and inserting the following: ``(2) the extent and nature of any restrictions or impediments to the development of the resources, including-- ``(A) impediments to the timely granting of leases; ``(B) post-lease restrictions, impediments, or delays on development for conditions of approval, applications for permits to drill, or processing of environmental permits; and ``(C) permits or restrictions associated with transporting the resources for entry into commerce; and ``(3) the quantity of resources not produced or introduced into commerce because of the restrictions.''; (2) in subsection (b)-- (A) by striking ``reserve'' and inserting ``resource''; and (B) by striking ``publically'' and inserting ``publicly''; and (3) by striking subsection (d) and inserting the following: ``(d) Assessments.--Using the inventory, the Secretary of Energy shall make periodic assessments of economically recoverable resources accounting for a range of parameters such as current costs, commodity prices, technology, and regulations.''. (b) Methodology.--The Secretary of the Interior shall use the same assessment methodology across all geological provinces, areas, and regions in preparing and issuing national geological assessments to ensure accurate comparisons of geological resources. SEC. 9. COMPLIANCE WITH EXECUTIVE ORDER 13211; ACTIONS CONCERNING REGULATIONS THAT SIGNIFICANTLY AFFECT ENERGY SUPPLY, DISTRIBUTION, OR USE. (a) Requirement.--The head of each Federal agency shall require that before the Federal agency takes any action that could have a significant adverse effect on the supply of domestic energy resources from Federal public land, the Federal agency taking the action shall comply with Executive Order No. 13211 (42 U.S.C. 13201 note). (b) Guidance.--Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall publish guidance for purposes of this section describing what constitutes a significant adverse effect on the supply of domestic energy resources under Executive Order No. 13211 (42 U.S.C. 13201 note). (c) Memorandum of Understanding.--The Secretary of the Interior and the Secretary of Agriculture shall include in the memorandum of understanding under section 7 provisions for implementing subsection (a) of this section. SEC. 10. DEADLINE FOR CONSIDERATION OF APPLICATIONS FOR PERMITS. Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(p) Deadlines for Consideration of Applications for Permits.-- ``(1) In general.--Not later than 10 days after the date on which the Secretary receives an application for any permit to drill, the Secretary shall-- ``(A) notify the applicant that the application is complete; or ``(B) notify the applicant that information is missing and specify any information that is required to be submitted for the application to be complete. ``(2) Issuance or deferral.--Not later than 30 days after the applicant for a permit has submitted a complete application, the Secretary shall-- ``(A) issue the permit; or ``(B)(i) defer decision on the permit; and ``(ii) provide to the applicant a notice that specifies any steps that the applicant could take for the permit to be issued. ``(3) Requirements for deferred applications.-- ``(A) In general.--If the Secretary provides notice under paragraph (2)(B)(ii), the applicant shall have a period of 2 years from the date of receipt of the notice in which to complete all requirements specified by the Secretary, including providing information needed for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(B) Issuance of decision on permit.--If the applicant completes the requirements within the period specified in subparagraph (A), the Secretary shall issue a decision on the permit not later than 10 days after the date of completion of the requirements described in subparagraph (A). ``(C) Denial of permit.--If the applicant does not complete the requirements within the period specified in subparagraph (A), the Secretary shall deny the permit. ``(q) Report.--On a quarterly basis, each field office of the Bureau of Land Management and the Forest Service shall transmit to the Secretary of the Interior or the Secretary of Agriculture, respectively, a report that-- ``(1) specifies the number of applications for permits to drill received by the field office in the period covered by the report; and ``(2) describes how each of the applications was disposed of by the field office.''. SEC. 11. ENVIRONMENTAL REGULATIONS. In issuing any rule or order relating to gasoline production and distribution, a Federal agency shall include a detailed analysis of the effects the rule or order would have on gasoline supply. Each Federal agency shall seek to ensure that no such rule or order is issued that will increase United States dependence on foreign sources of oil. SEC. 12. ACCELERATED DEPRECIATION FOR REFINERY MACHINERY. (a) In General.--Subparagraph (B) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of property) is amended by striking ``and'' at the end of clause (v), by striking the period at the end of clause (vi) and inserting ``, and'', and by adding at the end the following new clause: ``(vii) any refinery machinery.''. (b) Alternative System.--The table contained in section 168(g)(3)(B) of such Code is amended by inserting after the item relating to subparagraph (B)(iii) the following new item: ``(B)(vii).................................................. 10''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2004. SEC. 13. REFINERY PERMITTING PROCESS. Each Federal agency with authority to approve or disapprove actions affecting the siting or operation of United States refineries shall, within 180 days after receiving an application for such approval, either provide the approval or notify the applicant of the reasons for rejection along with an explanation of what steps would be necessary to obtain approval.

Gasoline Price Reduction and Refinery Tax Fairness Act of 2004 - Amends the Federal Water Pollution Control Act to define "oil and gas exploration, production, processing, or treatment operations or transmission facilities" as all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities. Directs the President to establish the Office of Federal Energy Project Coordination (Office) within the Executive Office of the President. Instructs the Secretary of the Interior to: (1) perform an internal review of Federal onshore oil and gas leasing and permitting practices; and (2) implement certain best management practices to ensure timely action on oil and gas leases and applications for permits to drill on lands otherwise available for leasing. Directs the Secretaries of the Interior and of Agriculture to: (1) enter into a prescribed Memorandum of Understanding regarding oil and gas leasing on public lands; and (2) establish a joint data retrieval system and a joint Geographic Information System mapping system. Amends the Energy Act of 2000 to require the Secretary of the Interior's inventory of all Federal onshore lands to identify restrictions or impediments to oil and gas resource development of such lands. Directs each Federal agency head to require the agency, before it takes action that could have a significant adverse effect on the supply of domestic energy resources from Federal public land, to act in compliance with a certain Executive Order that identifies actions to expedite energy-related projects. Amends the Mineral Leasing Act to set a deadline for expeditious consideration of applications for permits for oil and gas leases. Requires a Federal agency, in issuing any rule or order relating to gasoline production and distribution, to include a detailed analysis of the effects the rule or order would have on gasoline supply and seek to ensure that no rule or order is issued that will increase U.S. dependence on foreign sources of oil. Amends the Internal Revenue Code to provide for accelerated depreciation for refinery machinery. Requires each Federal agency with the authority to do so to approve or disapprove (with specified explanations) within 180 days of its receipt any application for approval of an action affecting the siting or operation of U.S. refineries.

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SECTION 1. INFORMATION MADE AVAILABLE IN ELECTRONIC FORMAT AND INDEXATION OF RECORDS. Section 552(a)(2) of title 5, United States Code, is amended-- (1) in the second sentence, by striking out ``or staff manual or instruction'' and inserting ``staff manual, instruction, or copies of records referred to in subparagraph (D)''; (2) by inserting before the period at the end of the 3rd sentence the following: ``, and the extent of such deletion shall be indicated on the portion of the record which is made available or published''; (3) by inserting after the 3rd sentence the following: ``If technically feasible, the extent of the deletion shall be indicated at the place in the record where the deletion was made.''; (4) in subparagraph (B), by striking ``and'' after the semicolon; (5) by inserting after subparagraph (C) the following: ``(D) copies of all records, regardless of form or format, which have been released to any person under paragraph (3) and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; and ``(E) a general index of the records referred to under subparagraph (D);''; (6) by inserting after the 5th sentence the following: ``Each agency shall make the index referred to in subparagraph (E) available by electronic means by December 31, 1999.''; and (7) by inserting after the 1st sentence the following: ``For records created on or after November 1, 1996, within one year after such date, each agency shall make such records available by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means.''. SEC. 2. REPORT TO THE CONGRESS. Section 552(e) of title 5, United States Code, is amended to read as follows: ``(e)(1) On or before February 1 of each year, each agency shall submit to the Attorney General a report which shall cover the preceding fiscal year and which shall include-- ``(A) the number of determinations made by the agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination; ``(B)(i) the number of appeals made by persons under subsection (a)(6), the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; and ``(ii) a complete list of all statutes that the agency relies upon to authorize the agency to withhold information under subsection (b)(3), a description of whether a court has upheld the decision of the agency to withhold information under each such statute, and a concise description of the scope of any information withheld; ``(C) the number of requests for records pending before the agency as of September 30 of the preceding year, and the median number of days that such requests had been pending before the agency as of that date; ``(D) the number of requests for records received by the agency and the number of requests which the agency processed; ``(E) the median number of days taken by the agency to process different types of requests; ``(F) the total amount of fees collected by the agency for processing requests; ``(G) the average amount of time that the agency estimates as necessary, based on the past experience of the agency, to comply with different types of requests; and ``(H) the number of full-time staff of the agency devoted to processing requests for records under this section, and the total amount expended by the agency for processing such requests. ``(2) Each agency shall make each such report available to the public through a computer network, or if computer network means have not been established by the agency, by other electronic means. ``(3) The Attorney General shall make each report which has been made available by electronic means available at a single electronic access point. The Attorney General shall notify the Chairman and ranking minority member of the Committee on Government Reform and Oversight of the House of Representatives and the Chairman and ranking minority member of the Committees on Governmental Affairs and the Judiciary of the Senate, no later than April 1 of the year in which each such report is issued, that such reports are available by electronic means. ``(4) The Attorney General, in consultation with the Director of the Office of Management and Budget, shall develop reporting and performance guidelines in connection with reports required by this subsection by October 1, 1997, and may establish additional requirements for such reports as the Attorney General determines may be useful. ``(5) The Attorney General shall submit an annual report on or before April 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subparagraphs (E), (F), and (G) of subsection (a)(4). Such report shall also include a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section.''.

Amends the Freedom of Information Act to require each Federal agency to make available for public inspection and copying: (1) copies of all records, regardless of form or format, which have become or are likely to become the subject of subsequent requests; (2) a general index of such records, which shall be made available electronically by December 31, 1999; and (3) within one year after November 1, 1996, by computer telecommunications or other electronic means, those records created on or after November 1, 1996. Revises reporting requirements concerning such provisions.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act''. SEC. 2. DESIGNATION OF JOHNSON VALLEY NATIONAL OFF-HIGHWAY VEHICLE RECREATION AREA. (a) Designation.--The approximately 188,000 acres of public land and interests in land administered by the Secretary of the Interior through the Bureau of Land Management in San Bernardino County, California, as generally depicted as the ``Johnson Valley Off-Highway Vehicle Recreation Area'' on the map titled ``Johnson Valley National Off-Highway Vehicle Recreation Area and Transfer of the Southern Study Area'' and dated April 11, 2013, are hereby designated as the ``Johnson Valley National Off-Highway Vehicle Recreation Area''. (b) Recreational and Conservation Use.--The Johnson Valley National Off-Highway Vehicle Recreation Area is designated for the following purposes: (1) Public recreation (including off-highway vehicle use, camping, and hiking) when the lands are not used for military training as authorized by section 3. (2) Natural resources conservation. (c) Withdrawal.--The public land and interests in land included in the Johnson Valley National Off-Highway Vehicle Recreation Area are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (d) Treatment of Existing Rights.--The designation of the Johnson Valley National Off-Highway Vehicle Recreation Area and the withdrawal of the public land and interests in land included in the Recreation Area are subject to valid existing rights. SEC. 3. LIMITED BIANNUAL MARINE CORPS AIR GROUND COMBAT CENTER TWENTYNINE PALMS USE OF JOHNSON VALLEY NATIONAL OFF- HIGHWAY VEHICLE RECREATION AREA. (a) Use for Military Purposes Authorized.--Subject to subsection (b), the Secretary of the Interior shall authorize the Secretary of the Navy to utilize portions of Johnson Valley National Off-Highway Vehicle Recreation Area twice in each calendar year for up to a total of 60 days per year for the following purposes: (1) Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air-ground task forces. (2) Individual and unit live-fire training ranges. (3) Equipment and tactics development. (4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs. (b) Conditions on Military Use.-- (1) Consultation and public participation requirements.-- Before the Secretary of the Navy requests the two time periods for military use of the Johnson Valley National Off-Highway Vehicle Recreation Area in a calendar year, the Secretary of the Navy shall-- (A) consult with the Secretary of the Interior regarding the best times for military use to reduce interference with or interruption of nonmilitary activities authorized by section 2(b); and (B) provide for public awareness of and participation in the selection process. (2) Public notice.--The Secretary of the Navy shall provide advance, wide-spread notice before any closure of public lands for military use under this section. (3) Public safety.--Military use of the Johnson Valley National Off-Highway Vehicle Recreation Area during the biannual periods authorized by subsection (a) shall be conducted in the presence of sufficient range safety officers to ensure the safety of military personnel and civilians. (4) Certain types of ordnance prohibited.--The Secretary of the Navy shall prohibit the use of dud-producing ordnance in any military training conducted under subsection (a). (c) Implementing Agreement.-- (1) Agreement required; required terms.--The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement this section. The agreement shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (2) Additional terms.--The agreement may provide for-- (A) the integration of the management plans of the Secretary of the Interior and the Secretary of the Navy; (B) delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and of fish and wildlife; and (C) the sharing of resources in order to most efficiently and effectively manage the lands. (d) Duration.--Any agreement for the military use of the Johnson Valley National Off-Highway Vehicle Recreation Area shall terminate not later than March 31, 2039. SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION, SOUTHERN STUDY AREA, MARINE CORPS AIR GROUND COMBAT CENTER TWENTYNINE PALMS, CALIFORNIA. (a) Transfer Required.--Not later than September 30, 2014, the Secretary of the Interior shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management consisting of approximately 20,000 acres in San Bernardino County, California, as generally depicted as the ``Southern Study Area'' on the map referred to in section 2. (b) Use of Transferred Land.--Upon the receipt of the land under subsection (a), the Secretary of the Navy shall include the land as part of the Marine Corps Air Ground Combat Center Twentynine Palms, California, and authorize use of the land for military purposes. (c) Legal Description and Map.-- (1) Preparation and publication.--The Secretary of the Interior shall publish in the Federal Register a legal description and map of the public land to be transferred under subsection (a). (2) Force of law.--The legal description and map filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the legal description and map. (d) Reimbursement of Costs.--The Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to carry out this section. SEC. 5. WATER RIGHTS. (a) Water Rights.--Nothing in this Act shall be construed-- (1) to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this Act; or (2) to authorize the appropriation of water on lands transferred by this Act except in accordance with applicable State law. (b) Effect on Previously Acquired or Reserved Water Rights.--This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.

Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act - (Sec. 2) Designates approximately 188,000 acres of specified public lands and interests administered by the Bureau of Land Management (BLM) in San Bernardino County in California as the Johnson Valley Off-Highway Vehicle Recreation Area for purposes of public recreation (when the lands are not in use for military training as authorized by this Act) and natural resources conservation. Withdraws the public lands and interests included in the Area from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (Sec. 3) Authorizes the Secretary of the Navy (the Secretary) to use parts of the Area twice in each year for up to a total of 60 days a year for: (1) sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air-ground task forces; (2) individual and unit live-fire training ranges; (3) equipment and tactics development; and (4) other defense-related purposes. Requires the Secretary, before requesting the two time periods for military use of the Area, to: (1) consult with the Secretary of the Interior regarding the best times for such use to reduce interference with or interruption of the nonmilitary activities authorized by this Act, and (2) provide for public awareness of and participation in the selection process. Requires the Secretary to provide advance, wide-spread notice before any closure of the public lands for military use. Requires military use of the Area during the biannual periods to be conducted in the presence of sufficient range safety officers to ensure the safety of military personnel and civilians. Prohibits the use of dud-producing ordnance in any such military activity conducted on the Area. Directs the Secretary and the Secretary of the Interior to enter into a written agreement to implement military use of the Area. Requires such agreement to include a provision for the periodic review of such agreement for its adequacy, effectiveness, and need for revision. Permits such agreement to provide for: (1) the integration of the management plans of the Secretaries, (2) delegation to civilian law enforcement personnel of the Department of the Navy of the Secretary of the Interior's authority to enforce laws relating to protection of natural and cultural resources and of fish and wildlife, and (3) the sharing of resources in order to manage the public lands most effectively. Terminates any agreement for the military use of such Area by no later than March 31, 2039. (Sec. 4) Directs the Secretary of the Interior to transfer, without reimbursement, approximately 20,000 acres of specified BLM-administered land in San Bernardino County to the administrative jurisdiction of the Secretary. Includes such transferred land as part of the Marine Corps Air Ground Combat Center Twentynine Palms in California. (Sec. 5) Declares that nothing in this Act shall be construed to: (1) establish a reservation in favor of the United States with respect to any water or water right on withdrawn lands, or (2) authorize the appropriation of water on such lands except in accordance with applicable state law.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2013''. SEC. 2. DEFINITIONS. As used in this Act: (1) Covered dwelling unit.--The term ``covered dwelling unit'' means a dwelling unit that-- (A) is a detached single family house, a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures), or a ground- floor unit in a building of three or fewer dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C) was designed, constructed, or commissioned, contracted or otherwise arranged for construction, by any person or entity who, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity; and (D) is made available for first occupancy after the expiration of the one-year period beginning on the date of the enactment of this Act. (2) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or any program or activity or such agencies, through any grant, loan, contract, or any other arrangement, after the expiration of the one-year period beginning on the date of the enactment of this Act, including-- (i) grants, subsidies, or any other funds; (ii) services of Federal personnel; (iii) real or personal property or any interest in or use of such property, including-- (I) transfers or leases of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of its fair market value is not returned to the Federal Government; (iv) any tax credit, mortgage or loan guarantee or insurance; and (v) community development funds in the form of obligations guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); or (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (3) Person or entity.--The term ``person or entity'' includes one or more individuals, corporations (including not- for-profit corporations), partnerships, associations, labor organizations, legal representatives, mutual corporations, joint-stock companies, trusts, unincorporated associations, trustees, trustees in cases under title 11 of the United States Code, receivers, and fiduciaries. SEC. 3. VISITABILITY REQUIREMENT. It shall be unlawful for any person referred to in section 2(1)(C) with respect to a covered dwelling unit to fail to ensure that such dwelling unit contains at least one level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (ANSI) Standards for Accessible and Usable Buildings and Facilities (1005-ICC ANSI A117.1-2009) and any future revisions thereto. SEC. 4. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--Each applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for such assistance that all of its programs and activities will be conducted in compliance with this Act. (b) Approval of Architectural and Construction Plans.-- (1) Submission.--Any applicant for or recipient of Federal financial assistance for a covered dwelling unit shall submit for approval the architectural and construction plans for such unit to the State or local department or agency that is responsible, under applicable State or local law, for the review and approval of construction plans for compliance with generally applicable building codes or requirements (in this subsection referred to as the ``appropriate State or local agency''). (2) Determination of compliance.-- (A) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted pursuant to paragraph (1) and approving or disapproving such plans based upon compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until such compliance is determined. (B) Condition of federal housing assistance.--The Secretary of Housing and Urban Development may not provide any Federal financial assistance under any program administered by such Secretary to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary, taking the enforcement actions under subparagraph (A). (c) Civil Action for Private Persons.-- (1) Action.--Any person aggrieved by an act or omission that is unlawful under this Act may commence a civil action in an appropriate United States district court or State court against any person or entity responsible for any part of the design or construction of a covered dwelling unit no later than two years after the occurrence or termination of the alleged unlawful conduct under this Act. (2) Liability.--In any action under this subsection for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local department or agency-- (A) if such approved plans violate this Act and any construction on such dwelling that violates this Act was performed in accordance with such approved plans, such State or local department or agency shall be liable for such construction in violation; and (B) if such approved plans comply with this Act and any construction on such dwelling violates this Act, the person or entity responsible for the construction shall be liable for such construction in violation. (d) Enforcement by Attorney General.--Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated this Act, the Attorney General may commence a civil action in any appropriate United States district court. The Attorney General may also, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this title has occurred or is about to occur, it may award to the plaintiff actual and punitive damages, and subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in conformity with the requirements of this Act shall not be considered to terminate until the violation is corrected. (g) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this title. SEC. 5. EFFECT ON STATE LAWS. Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution or any other Act of the Congress. SEC. 7. SEVERABILITY OF PROVISIONS. If any provision of this Act of the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated shall not be affected thereby.

Eleanor Smith Inclusive Home Design Act of 2013 - Requires newly constructed, federally assisted single family houses and town houses to include at least one level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (ANSI) Standards for Accessible and Usable Buildings and Facilities (1005-ICC ANSI A117.1-2009) and any future revisions. Requires: (1) each applicant for federal financial assistance to submit compliance assurances to the relevant federal agency, and (2) each person who arranges for design or construction of a covered dwelling to submit architectural and construction plans for state or local approval. Prohibits federal financial assistance to a state or local government unit unless the recipient is taking certain enforcement actions with regard to covered dwellings. Permits: (1) private civil actions in a U.S. district court or state court for violations of this Act, and (2) the Attorney General to commence civil actions or intervene in civil actions under this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Canine Members of the Armed Forces Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each of the Armed Forces and other Government agencies, including the Secret Service, the Central Intelligence Agency, and the Transportation Security Administration, use military working dogs (MWDs) in service to the country. (2) Since September 11, 2011, military working dogs have served in Iraq and Afghanistan and have been trained in explosive detection, narcotic detection, sentry, patrol, tracking, and other specific duties. (3) Military working dogs, through their training, have prevented injuries and saved the lives of thousands of United States citizens. (4) Military working dogs perform critical and varied roles that go far beyond their current designation as ``equipment.'' SEC. 3. RETIREMENT AND ADOPTION OF MILITARY WORKING DOGS. (a) Retirement and Reclassification of Military Working Dogs.-- Section 2583 of title 10, United States Code, is amended-- (1) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; and (2) by inserting after subsection (e) the following new subsections: ``(f) Classification of Military Working Dogs.--The Secretary of Defense shall classify military working dogs as canine members of the armed forces. Such dogs shall not be classified as equipment. ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such title is amended-- (1) in paragraph (1)(B), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) facilitating the adoption of a military working dog under section 2583 of this title.''. SEC. 4. VETERINARY CARE FOR RETIRED MILITARY WORKING DOGS. (a) Veterinary Care.-- (1) In general.--Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 993. Military working dogs: veterinary care for retired military working dogs ``(a) In General.--The Secretary of Defense shall establish and maintain a system to provide for the veterinary care of retired military working dogs. ``(b) Eligible Dogs.--(1) A retired military working dog eligible for veterinary care under this section is any military working dog adopted under section 2583 of this title. ``(2) The veterinary care provided a military working dog under this section shall be provided during the life of the dog beginning on the date on which the dog is adopted under such section 2583. ``(c) Administration.--(1) The Secretary shall administer the system required by this section under a contract awarded by the Secretary for that purpose. ``(2)(A) The contract under this subsection shall be awarded to a private non-profit entity selected by the Secretary from among such entities submitting an application therefor that have such experience and expertise as the Secretary considers appropriate for purposes of this subsection. ``(B) An entity seeking the award of a contract under this subsection shall submit to the Secretary an application therefor in such form, and containing such information, as the Secretary shall require. ``(3) The term of any contract under this subsection shall be such duration as the Secretary shall specify. ``(d) Standards of Care.--(1) The veterinary care provided under the system required by this section shall meet such standards as the Secretary shall establish and from time to time update. ``(2) The standards required by this subsection shall include the following: ``(A) Provisions regarding the types of care to be provided to retired military working dogs. ``(B) Provisions regarding the entities (including private veterinarians and entities) qualified to provide the care. ``(C) Provisions regarding the facilities, including military installations, government facilities, and private facilities, in which the care may be provided. ``(D) A requirement that complete histories be maintained on the health and use in research of retired military working dogs. ``(E) Such other matters as the Secretary considers appropriate. ``(3) The Secretary shall consult with the board of directors of the non-profit private entity awarded the contract under subsection (c) in establishing and updating standards of care under this subsection. ``(e) Coverage of Costs.--(1) Except as provided in paragraph (2), any costs of operation and administration of the system required by this section, and of any veterinary care provided under the system, shall be covered by such combination of the following as the Secretary and the non-profit entity awarded the contract under subsection (c) jointly consider appropriate: ``(A) Contributions from the non-profit entity. ``(B) Payments for such care by owners or guardians of the retired military working dogs receiving such care. ``(C) Other appropriate non-Federal sources of funds. ``(2) Funds provided by the Federal Government-- ``(A) may not be used-- ``(i) to provide veterinary care under the system required by this section; or ``(ii) to pay for the normal operation of the non- profit entity awarded the contract under subsection (c); and ``(B) may be used to carry out the duties of the Secretary under subsections (a), (c), (d), and (f). ``(f) Regulations.--The Secretary shall prescribe regulations for the discharge of the requirements and authorities in this section, including regulations on the standards of care required by subsection (d).''. (2) Clerical amendment.--The table of sections at the beginning of chapter 50 of such title is amended by adding at the end the following new item: ``993. Military working dogs: veterinary care for retired military working dogs.''. (b) Regulations.--The Secretary of Defense shall prescribe the regulations required by subsection (f) of section 993 of title 10, United States Code (as added by subsection (a) of this section), not later than 180 days after the date of the enactment of this Act. SEC. 5. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS. Section 1125 of title 10, United States Code, is amended-- (1) by inserting ``(a) General Authority.--'' before ``The Secretary of Defense''; and (2) by adding at the end the following new subsection: ``(b) Recognition of Service of Military Working Dogs.--The Secretary of Defense shall create a decoration or other appropriate recognition to recognize military working dogs under the jurisdiction of the Secretary that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States.''.

Canine Members of the Armed Forces Act - Directs the Secretary of Defense (DOD) to classify military working dogs as canine members of the Armed Forces. Requires that such dogs no longer be classified as equipment. Provides that if a dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the dog may transferred to the 341st Training Squadron or to another location for adoption. Authorizes the acceptance of the donation of frequent traveler miles to facilitate the adoption of a dog. Directs the Secretary to establish and maintain a system to provide for the lifetime veterinary care of retired, adopted dogs. Requires the Secretary to administer the system under a contract awarded by the Secretary to a private non-profit entity. Requires such care to meet standards that the Secretary shall establish and periodically update. Requires any costs of the operation and administration of the system and of any veterinary care provided under the system to be covered by such combination of the following as the Secretary and the non-profit entity jointly consider appropriate: (1) contributions from the non-profit entity, (2) payments for such care by owners or guardians of such dogs, and (3) other appropriate non-federal sources of funds. Prohibits the use of federal funds to provide care or operate the system, except for funds used to establish or administer the system, establish standards of care, or prescribe related regulations. Directs the Secretary to create a decoration or other appropriate recognition to recognize dogs that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States.

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SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Opal Creek Forest Preserve Act of 1994''. (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 and purpose. Sec. 3. Definitions. Sec. 4. Opal Creek Forest Preserve. Sec. 5. Administration of the Preserve. Sec. 6. Prohibitions regarding the management of the Preserve. Sec. 7. Access to and acquisition of non-Federal land. Sec. 8. Authority of the Secretary and responsible parties to conduct environmental response actions or pursue liability. Sec. 9. Grandfather clause. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Old-growth forests are unique ecosystems that serve as critical habitat for hundreds of vertebrate and invertebrate animals, plants, and fungi. (2) Old-growth forests provide clean and plentiful water and support streams and rivers containing runs of anadromous and resident cold water fish, which are wholly dependent on high quantity and quality water for migration, spawning, rearing, and cover. (3) The high quantity and quality of water in streams and rivers in old-growth forests can only be maintained by protecting the watersheds of these streams and rivers. (4) Old-growth forests provide unique and outstanding opportunities for educational study, scientific research, and recreation. (5) The establishment of a watershed and forest preserve to protect areas of old-growth forests and surface waters can contribute significantly to the quality of life for the residents of the State of Oregon through education, recreation, and a protected water supply. (6) The area known as the Opal Creek Forest, located on the upper Little North Fork of the Santiam River in the State of Oregon, contains one of the largest remaining intact old-growth forest ecosystems in the Western Oregon Cascades. Although the landscape mosaic in the Opal Creek Forest may reflect some past logging, young stands of trees in the area mainly owe their existence to natural disturbances, chiefly wildfire. (7) The Opal Creek Forest contains outstanding geological and botanical features and contains attributes of historic and prehistoric importance. (8) The recreational use of the Opal Creek Forest, typically in the form of hiking, sightseeing, and the general enjoyment of the outdoor environment, is significant and likely to increase. (9) It is desirable to limit the human-related disturbances and development of the Opal Creek Forest in order to protect fully the special features of the forest and maintain the full potential of its watershed for scientific, educational, and research purposes. (10) Preservation of the Opal Creek Forest provides outstanding opportunities for scientists to conduct research regarding old-growth forests and for educators to provide scientifically credible information to the public. (b) Purposes.--The purposes of this Act are-- (1) to protect and preserve the forests and watersheds contained in the Opal Creek Forest Preserve; (2) consistent with paragraph (1), to promote and conduct-- (A) research in the Preserve regarding old-growth forests in a manner that does not include the harvesting of timber or otherwise damage the ecosystem; and (B) educational programs in the Preserve on old- growth forests and cultural and historic resources in the Preserve; and (3) consistent with paragraphs (1) and (2), to permit and regulate recreation in the Preserve. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Preserve.--The term ``Preserve'' means the Opal Creek Forest Preserve established in section 4(a). (2) Management plan.--The term ``management plan'' means the management plan for the Preserve developed pursuant to section 5(b). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. OPAL CREEK FOREST PRESERVE. (a) Establishment of Preserve.--There is hereby established the Opal Creek Forest Preserve in order to protect and preserve the forests and watersheds in the Preserve and to promote the research, educational, and recreational purposes of this Act. (b) Description of Preserve.--The Preserve shall consist of those Federal lands located in the Willamette and Mt. Hood National Forests in the State of Oregon that are generally depicted on the map dated August 1994, and entitled the ``Opal Creek Preserve Area''. The Preserve shall also include such lands as may be added under section 7 of this Act. The map referred to in this subsection shall be kept on file and made available for public inspection in the Office of the Chief of the Forest Service, United States Department of Agriculture. SEC. 5. ADMINISTRATION OF THE PRESERVE. (a) In General.--The Secretary shall administer the Preserve in accordance with this Act and with the laws, rules, and regulations applicable to National Forest System lands in a manner that will further the purposes of this Act. (b) Management Plan.--The Secretary shall prepare a comprehensive management plan for the Preserve to achieve the purposes of this Act. The management plan shall be considered to be a nonsignificant amendment to the Willamette and Mt. Hood Forest Land and Resource Management Plans. The management plan shall be prepared with public involvement which shall include consultation with interested individuals and organizations. The Secretary may enter into memoranda of understanding with interested parties to accomplish the purposes of this Act. The management plan shall include analysis and direction on the use of campfires within the Preserve. (c) Protection of Cultural and Historic Resources.--Not later than one year after the date of the enactment of this Act, the Secretary shall review and revise the inventory of the cultural and historic resources in the area covered by the Preserve, which was originally developed pursuant to the Oregon Wilderness Act of 1984 (Public Law 98- 328; 16 U.S.C. 1131 note). The Secretary shall submit a report to Congress describing the results of the review of such inventory. (d) Applicability of Mining, Mineral Leasing, and Disposal Laws.-- (1) Restriction.--After the date of the enactment of this Act-- (A) lands within the Preserve shall not be open to the location of mining claims and mill and tunnel sites under the general mining laws of the United States; (B) the Secretary shall not issue any lease under the Mineral Leasing Act (30 U.S.C. 181 and following) or the Geothermal Steam Act of 1970 (30 U.S.C. 100 and following) for lands within the Preserve; and (C) lands within the Preserve shall not be available for disposal of mineral materials under the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following). (2) Acquired lands.--The restriction provided by paragraph (1) shall also apply to any Federal lands added to the Preserve after the date of the enactment of this Act, except that the restriction shall apply to such lands only upon addition to the Preserve. (e) Private Inholdings.--The Secretary may cooperate with, and provide technical assistance to, private landowners, organizations, and other entities holding private lands within the boundaries of the Preserve to promote the use and management of such lands in a manner consistent with the purposes of this Act. SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF THE PRESERVE. (a) Prohibition on Logging or Other Timber Harvesting.-- (1) Prohibition.--Except as provided in paragraph (2), the cutting of trees in the Preserve is prohibited. (2) Exceptions.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the cutting of specific trees in the Preserve is necessary-- (A) for public safety, such as to control the spread of a forest fire in the Preserve or on lands adjacent to the Preserve; or (B) for administrative use related to activities permitted in the Preserve. (3) Limitation on exception.--The cutting of trees authorized under paragraph (2) may not include salvage sales or harvests of commercial quantities of timber in the Preserve. (4) Collection of downed wood.--The collection of downed wood for firewood by permit may be allowed in a manner consistent with the purposes of this Act. (b) Prohibition on Off Road Motorized Travel.-- (1) Prohibition.--Except as provided in paragraph (2) and subject to valid existing rights, the use of motor vehicles off or outside of the established roadbed of roads in the Preserve is prohibited. (2) Exception.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the use of a motor vehicle off or outside of the established roadbed of a road in the Preserve is necessary for administrative purposes or to respond to an emergency. (c) Prohibition on Use of Certain Roads.-- (1) Prohibition.--Except as provided in paragraph (2) and subject to valid existing rights, the use of motor vehicles is prohibited on the following roads located in the Preserve: (A) Forest road 2209 from the gate in existence on the date of the enactment of this Act eastward to the intersection of the road with the wilderness boundary. (B) Forest roads 290 and 330, which are spur roads to the road described in subparagraph (A). (2) Exceptions.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the use of the roads described in such paragraph is necessary for administrative purposes or to respond to an emergency. (3) Rule of construction.--Nothing in this subsection shall be construed to prohibit inholders and claim holders of valid mining claims from using the roads described in paragraph (1) for ingress and egress to their inholdings or valid mining claims, subject to such reasonable terms and conditions, consistent with the purposes of this Act, as the Secretary may prescribe. Nothing in this subsection shall be construed to prohibit motor vehicle traffic on other roads established in the Preserve, in particular those forest roads providing access for claim holders of valid mining claims for the use of lands in the Preserve or within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. (d) Prohibition on Road Construction.-- (1) Prohibition.--Except as provided in paragraph (2) and subsection (e), and subject to valid existing rights, the construction of new roads is prohibited in the Preserve. (2) Exceptions.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the construction of new roads, or the improvement of existing roads, in the Preserve is necessary to accomplish the purposes of this Act or to provide access to inholdings or for claim holders of valid mining claims for the use of lands in the Preserve or within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. The Secretary may maintain or improve roads in the Preserve to the extent the Secretary determines that such maintenance or improvements are necessary to accomplish the purposes of this Act, to provide for the protection of the natural resources of the Preserve, to provide for public safety, or to ensure access for inholders and claims holders of valid mining claims for the use of lands in the Preserve or within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. (3) Limitation on exception.--The construction or improvement of roads in the Preserve pursuant to paragraph (2) or subsection (e) may not include paving or any work beyond 50 feet on either side of the centerline of the road bed. (e) Utilities and Accompanying Road.--In compliance with applicable laws and the Willamette National Forest Land and Resource Management Plan, the Secretary may allow the installation and maintenance of power lines and water lines (and an accompanying service road) through the Preserve to serve authorized activities conducted on land within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. SEC. 7. ACCESS TO AND ACQUISITION OF NON-FEDERAL LAND. (a) Inventory and Acquisition of Non-Federal Lands.--The Secretary shall conduct an inventory of all non-Federal lands and interests in lands within the boundaries of the Preserve. The Secretary may acquire such inventoried lands (or interests in such lands) for inclusion in the Preserve. The Secretary may not acquire, for inclusion in the Preserve, any lands or interests in lands within the boundaries of the Preserve without the consent of the owner, unless the Secretary determines that the land is being developed or managed (or is proposed to be developed or managed) in a manner inconsistent with the purposes of this Act. Nothing in this Act may be construed to prevent the Secretary from increasing the size of the Preserve. (b) Special Rule for Santiam No. 1 Lode Mining Claim.-- Notwithstanding subsection (a), the parcel of real property located within the boundaries of the Preserve that is known as the Santiam No. 1 lode mining claim and identified in section 8140 of the Department of Defense Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1213), may be acquired by the Secretary only-- (1) by purchase for an amount equal to not more than the sum of-- (A) the amount that the original patentee of the parcel paid for the parcel; and (B) the cost of any improvements made to the parcel by the patentee; or (2) by donation. (c) Rights-of-Way.--Nothing in this section shall be construed to affect the authority of the Secretary to acquire road and trail rights- of-way on lands in the Preserve under existing authorities. (d) Access and Utilities to Inholdings.-- (1) In general.--In the case of private inholdings located within the boundaries of the Preserve, the Secretary shall authorize the use of Federal land in the Preserve by the holder of the inholding to assure adequate access to the inholding under applicable law. (2) Jawbone flats.--With respect to the inholding known as the Jawbone Flats area, the Secretary shall authorize the use of Federal land in the Preserve by the owners of the inholding to provide for access and utilities for a facility in the inholding if the Secretary determines that the facility (and use of the facility) is consistent with the purposes of this Act. (3) Terms and conditions.--The use of Federal land in the Preserve under this subsection shall be subject to such reasonable terms and conditions, consistent with the purposes of this Act, as the Secretary may prescribe. SEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE PARTIES TO CONDUCT ENVIRONMENTAL RESPONSE ACTIONS OR PURSUE LIABILITY. (a) Remediation Activities.--Nothing in this Act shall be construed to limit the authority of the Secretary or a responsible party to conduct environmental remediation activities in the Preserve in connection with the release, threatened release, or clean up of any hazardous substance or pollutant or contaminant, including response actions conducted pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (b) Liability.--Nothing in this Act shall be construed to limit the authority of the Secretary or a responsible party to address questions of liability related to the release, threatened release, or clean up of any hazardous substance or pollutant or contaminant in the Preserve. SEC. 9. GRANDFATHER CLAUSE. Nothing in this Act shall be construed to affect the operation of any timber sale contract entered into, or interfere with any activity for which a special use permit has been issued (and not revoked), before the date of the enactment of this Act, subject to the terms of the contract or permit. Passed the House of Representatives August 8, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Opal Creek Forest Preserve Act of 1994 - Establishes the Opal Creek Forest Preserve consisting of Federal lands in the Willamette and Mt. Hood National Forests, Oregon. Directs the Secretary of Agriculture to prepare a Preserve management plan. Prohibits, with specified exceptions: (1) mining, mineral, and geothermal leasing or dispositions; (2) logging or other timber harvesting; (3) off road motorized travel; and (4) road construction and the use of specified existing roads. Authorizes the Secretary to acquire private lands within the Preserve.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korean Human Rights Reauthorization Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) The North Korean Human Rights Act of 2004 (Public Law 108- 333; 22 U.S.C. 7801 et seq.) (in this section referred to as ``the Act'') was the product of broad, bipartisan consensus in Congress regarding the promotion of human rights, transparency in the delivery of humanitarian assistance, and refugee protection. (2) In addition to the longstanding commitment of the United States to refugee and human rights advocacy, the United States is home to the largest Korean population outside of northeast Asia, and many in the two-million strong Korean-American community have family ties to North Korea. (3) Human rights and humanitarian conditions inside North Korea are deplorable, North Korean refugees remain acutely vulnerable, and the findings in section 3 of the Act remain accurate today. (4) The Government of China is conducting an increasingly aggressive campaign to locate and forcibly return border-crossers to North Korea, where they routinely face torture and imprisonment, and sometimes execution. According to recent reports, the Chinese Government is shutting down Christian churches and imprisoning people who help North Korean defectors and has increased the bounty paid for turning in North Korean refugees. (5) In an attempt to deter escape attempts, the Government of North Korea has reportedly stepped up its public execution of border-crossers and those who help others cross into China. (6) In spite of the requirement of the Act that the Special Envoy on Human Rights in North Korea (the ``Special Envoy'') report to the Congress no later than April 16, 2005, a Special Envoy was not appointed until August 19, 2005, more than four months after the reporting deadline. (7) The Special Envoy appointed by the President has filled that position on a part-time basis only. (8) Since the passage of the North Korean Human Rights Act, Congress has on several occasions expressed interest in the status of North Korean refugees, and on February 21, 2006, a bipartisan group of senior Members of the House and Senate wrote Secretary of State Condoleezza Rice ``to express [their] deep concern for the lack of progress in funding and implementing the key provisions of the North Korean Human Rights Act'', particularly the lack of North Korean refugee admissions to the United States. (9) Although the United States refugee resettlement program remains the largest in the world by far, the United States has resettled only 37 North Koreans in the period from 2004 through 2007. (10) From the end of 2004 through 2007, the Republic of Korea resettled 5,961 North Koreans. (11) Extensive delays in assessment and processing have led numerous North Korean refugees to abandon their quest for United States resettlement, and long waits (of more than a year in some cases) have been the source of considerable discouragement and frustration among refugees, many of whom are awaiting United States resettlement in circumstances that are unsafe and insecure. (12) From 2000 through 2006, the United States granted asylum to 15 North Koreans, as compared to 60 North Korean asylum grantees in the United Kingdom, and 135 in Germany during that same period. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should continue to make it a priority to seek broader permission and greater cooperation from foreign governments to allow the United States to process North Korean refugees overseas for resettlement in the United States, through persistent diplomacy by senior officials of the United States, including United States ambassadors to Asia-Pacific nations; (2) at the same time that careful screening of intending refugees is important, the United States also should make every effort to ensure that its screening, processing, and resettlement of North Korean refugees are as efficient and expeditious as possible; (3) the Special Envoy for North Korean Human Rights Issues should be a full-time position within the Department of State in order to properly promote and coordinate North Korean human rights and humanitarian issues, and to participate in policy planning and implementation with respect to refugee issues, as intended by the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7801 et seq.); (4) in an effort to more efficiently and actively participate in humanitarian burden-sharing, the United States should approach our ally, the Republic of Korea, to revisit and explore new opportunities for coordinating efforts to screen and resettle North Koreans who have expressed a wish to pursue resettlement in the United States and have not yet availed themselves of any right to citizenship they may enjoy under the Constitution of the Republic of Korea; and (5) because there are genuine refugees among North Koreans fleeing into China who face severe punishments upon their forcible return, the United States should urge the Government of China to-- (A) immediately halt its forcible repatriation of North Koreans; (B) fulfill its obligations pursuant to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and the 1995 Agreement on the Upgrading of the UNHCR Mission in the People's Republic of China to UNHCR Branch Office in the People's Republic of China; and (C) allow the United Nations High Commissioner for Refugees (UNHCR) unimpeded access to North Koreans inside China to determine whether they are refugees and whether they require assistance. SEC. 4. DEFINITIONS. Section 5(1)(A) of the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7803(1)(A)) is amended by striking ``International Relations'' and inserting ``Foreign Affairs''. SEC. 5. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS. Section 102(b)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is amended by inserting after ``2008'' the following: ``and $2,000,000 for each of fiscal years 2009 through 2012''. SEC. 6. RADIO BROADCASTING TO NORTH KOREA. Not later than 120 days after the date of the enactment of this Act, the Broadcasting Board of Governors (BBG) shall submit to the appropriate congressional committees, as defined in section 5(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report that describes the status and content of current United States broadcasting to North Korea and the extent to which the BBG has achieved the goal of 12-hour-per-day broadcasting to North Korea pursuant to section 103 of such Act (22 U.S.C. 7813). SEC. 7. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. Section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended-- (1) in subsection (b)(1), by striking ``2008'' and inserting ``2012''; and (2) in subsection (c), by striking ``in each of the 3 years thereafter'' and inserting ``annually through 2012''. SEC. 8. SPECIAL ENVOY ON NORTH KOREAN HUMAN RIGHTS ISSUES. Section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817) is amended-- (1) in the section heading, by striking ``human rights in north korea'' and inserting ``north korean human rights issues''; (2) in subsection (a)-- (A) in the first sentence-- (i) by striking ``human rights in North Korea'' and inserting ``North Korean human rights issues''; and (ii) by inserting before the period at the end the following: ``, by and with the advice and consent of the Senate''; (B) in the second sentence, by inserting before the period at the end the following: ``who shall have the rank of ambassador and shall hold the office at the pleasure of the President''; (3) in subsection (b), by inserting before the period at the end the following: ``, including, in coordination with the Bureau of Population, Refugees, and Migration, the protection of those people who have fled as refugees''; (4) in subsection (c)-- (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (B) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) participate in the formulation and the implementation of activities carried out pursuant to this Act;''; and (C) in paragraph (5), as so redesignated, by striking ``section 102'' and inserting ``sections 102 and 104''; and (5) in subsection (d), by striking ``for the subsequent 5 year- period'' and inserting ``thereafter through 2012''. SEC. 9. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE. Section 201(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831(a)) is amended, in the matter preceding paragraph (1), by striking ``in each of the 2 years thereafter'' and inserting ``annually thereafter through 2012''. SEC. 10. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA. Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7833(c)(1)) is amended by striking ``2008'' and inserting ``2012''. SEC. 11. ANNUAL REPORTS. Section 305(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended-- (1) in the subsection heading, by inserting ``and Refugee'' before ``Information''; (2) in the matter preceding paragraph (1)-- (A) by striking ``for each of the following 5 years'' and inserting ``through 2012''; and (B) by striking ``which shall include--'' and inserting ``which shall include the following:''; (3) in paragraph (1)-- (A) by striking ``the number of aliens'' and inserting ``The number of aliens''; and (B) by striking ``; and'' at the end and inserting a period; (4) in paragraph (2), by striking ``the number of aliens'' and inserting ``The number of aliens''; and (5) by adding at the end the following new paragraph: ``(3) A detailed description of the measures undertaken by the Secretary of State to carry out section 303, including country- specific information with respect to United States efforts to secure the cooperation and permission of the governments of countries in East and Southeast Asia to facilitate United States processing of North Koreans seeking protection as refugees. The information required under this paragraph shall be provided in unclassified form, with a classified annex, if necessary.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

North Korean Human Rights Reauthorization Act of 2008 - Expresses the sense of Congress with respect to the resettlement of North Korean refugees. Amends the North Korean Human Rights Act of 2004 to authorize appropriations through FY2012 for: (1) activities to support human rights and democracy and freedom of information (by increasing the availability of non-government controlled sources) in North Korea; and (2) assistance to North Koreans who are outside North Korea. Directs the Broadcasting Board of Governors to report respecting U.S. broadcasting to North Korea and the extent to which the Board has achieved the goal of 12-hour-per-day broadcasting to North Korea. States that the Special Envoy on North Korean human rights issues (as renamed by this Act) in North Korea shall have the rank of ambassador. Extends the Special Envoy's annual congressional reporting requirement through FY2012. Extends the United States Agency for International Development's (USAID) congressional reporting requirement respecting U.S. humanitarian assistance to North Koreans and efforts to improve transparency and monitoring in the provision of such assistance inside North Korea through 2012. Sets forth specified reporting provisions.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Maternal Mortality Act of 2018''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Four million American women give birth each year, and an estimated 700 will die annually during pregnancy, childbirth, or the postpartum period. (2) The United States ranks 47th for maternal mortality rate globally, and is one of only eight countries in which the maternal mortality rate is rising. It is estimated that, between 2000 and 2014, the United States maternal mortality rate grew by 26.6 percent. (3) Common causes of maternal mortality include obstetric hemorrhage, hypertension and preeclampsia, sepsis, and substance use disorder and overdose. (4) More than half of maternal deaths are likely preventable. (5) Additionally, 65,000 American women experience severe maternal morbidity (SMM) annually, meaning the physical and psychological conditions that result from, or are aggravated by, pregnancy have an adverse effect on the health of a woman. (6) Racial and ethnic disparities persist across the Nation, and Black women are three to four times more likely to die from complications of pregnancy or childbirth than White women. SEC. 3. PLAN FOR REDUCING MATERNAL MORTALITY. The Public Health Service Act is amended by inserting after section 229 of such Act (42 U.S.C. 237a) the following new section: ``SEC. 229A. PLAN FOR REDUCING MATERNAL MORTALITY. ``(a) In General.--Not later than 1 year after the date of enactment of the Ending Maternal Mortality Act of 2018, and biennially thereafter, the Secretary shall develop and submit to the Congress a national plan to reduce the rate of preventable maternal mortality, with the goals of-- ``(1) cutting the rate in half over the 10 years following such date of enactment; and ``(2) eliminating preventable maternal deaths by the date that is 20 years after such date of enactment. ``(b) Objectives; Strategy.--In each biennial plan under subsection (a), the Secretary shall include-- ``(1) a list of objectives for meeting the goals described in subsection (a); and ``(2) a strategy for implementing the plan across the agencies and offices of the Department of Health and Human Services. ``(c) Specific Issues.--In each biennial plan under subsection (a), the Secretary shall address the following: ``(1) Increasing public understanding of maternal mortality and severe maternal morbidity, including risk factors, warning signs, and prevention of common causes like hemorrhage, preeclampsia, and substance use disorders and other mental health conditions. ``(2) Improving understanding of the root causes of maternal mortality and severe maternal morbidity, including both medical and socioeconomic factors. ``(3) Improving data collection, including State-level reporting. ``(4) Identifying at-risk populations and eliminating disparities that persist based on a mother's race, ethnicity, socioeconomic status, and geographic location. ``(5) Supporting and expanding maternal mortality review committees that bring together public and private relevant stakeholders to review cases of pregnancy-related and pregnancy-associated complications and deaths to make recommendations to improve the quality of care and outcomes. ``(6) Assessing hospital culture of safety in maternity care and how best to provide resources to improve outcomes. ``(7) Improving health and treatment services for expectant mothers struggling with substance use and mental health disorders. ``(8) Studying and supporting local and targeted responses to maternal death. ``(9) Identifying Federal programs and activities to reduce maternal mortality and making recommendations for improving the effectiveness and coordination of such programs and activities. ``(d) Public Posting.--The Secretary shall make each plan submitted to the Congress under this section publicly accessible on the website of the Department of Health and Human Services. ``(e) Consultation.--In developing each biennial plan under this section, the Secretary shall solicit input from organizations representing patients, health care providers, hospitals, other treatment facilities, public health departments and practitioners, and other entities, as appropriate. ``(f) Definitions.--In this section: ``(1) The term `maternal mortality' refers to maternal deaths that occur during, or within the 12 months following, pregnancy. ``(2) The term `maternal morbidity' refers to pregnancy- related and pregnancy-associated complications that do not result in maternal death. ``(3) The term `severe maternal morbidity' includes unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman's health.''.

Ending Maternal Mortality Act of 2018 This bill amends the Public Health Service Act to require the Department of Health and Human Services to publish every two years a national plan to reduce the rate of preventable maternal mortality (maternal deaths that occur during or within 12 months of pregnancy). Each plan must address specific issues relating to maternal mortality and severe maternal morbidity (unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman's health), such as issues surrounding public awareness, at-risk populations and disparities, and quality of care.

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SECTION 1. OLYMPIC NATIONAL PARK--QUILEUTE TRIBE. (a) Definitions.--In this section: (1) Map.--The term ``Map'' means the map entitled ``Olympic National Park and Quileute Reservation Boundary Adjustment Map'', numbered 149/80,059, and dated June 2010. (2) Park.--The term ``Park'' means the Olympic National Park, located in the State of Washington. (3) Reservation.--The term ``Reservation'' means the Quileute Indian Reservation, located on the Olympic Peninsula in the State of Washington. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Quileute Indian Tribe in the State of Washington. (b) Findings and Purpose.-- (1) Findings.--Congress finds that-- (A) the Reservation is located on the western coast of the Olympic Peninsula in the State of Washington, bordered by the Pacific Ocean to the west and the Park on the north, south, and east; (B) most of the Reservation village of La Push is located within the coastal flood plain, with the Tribe's administrative buildings, school, elder center, and housing all located in a tsunami zone; (C) for many decades, the Tribe and the Park have had a dispute over the Reservation boundaries along the Quillayute River; (D) in recent years, this dispute has intensified as the Tribe has faced an urgent need for additional lands for housing, schools, and other Tribe purposes outside the tsunami and Quillayute River flood zones; and (E) the lack of a settlement of this dispute threatens to adversely impact the public's existing and future recreational use of several attractions in the Park that are accessed by the public's use of Reservation lands. (2) Purposes.--The purposes of this Act are-- (A) to resolve the longstanding dispute along portions of the northern boundary of the Quileute Indian Reservation; (B) to clarify public use and access to Olympic National Park lands that are contiguous to the Reservation; (C) to provide the Quileute Indian Tribe with approximately 275 acres of land currently located within the Park and approximately 510 acres of land along the Quillayute River, also within the Park; (D) to adjust the wilderness boundaries to provide the Quileute Indian Tribe Tsunami and flood protection; and (E) through the land conveyance, to grant the Tribe access to land outside of tsunami and Quillayute River flood zones, and link existing Reservation land with Tribe land to the east of the Park. (c) Redesignation of Federal Wilderness Land, Olympic National Park Conveyance.-- (1) Redesignation of wilderness.--Certain Federal land in the Park that was designated as part of the Olympic Wilderness under title I of the Washington Park Wilderness Act of 1988 (Public Law 100-668; 102 Stat. 3961; 16 U.S.C. 1132 note) and comprises approximately 222 acres, as generally depicted on the Map is hereby no longer designated as wilderness, and is no longer a component of the National Wilderness Preservation System under the Wilderness Act (16 U.S.C. 1131 et seq.). (2) Lands to be held in trust.--All right, title, and interest of the United States in and to the approximately 510 acres generally depicted on the Map as ``Northern Lands'', and the approximately 275 acres generally depicted on the Map as ``Southern Lands'', are declared to be held in trust by the United States for the benefit of the Tribe without any further action by the Secretary. (3) Boundary adjustment; survey.--The Secretary shall-- (A) adjust the boundaries of Olympic Wilderness and the Park to reflect the change in status of Federal lands under paragraph (2); and (B) as soon as practicable after the date of enactment of this section, conduct a survey, defining the boundaries of the Reservation and Park, and of the Federal lands taken into and held in trust that are adjacent to the north and south bank of the Quillayute River as depicted on the Map as ``Northern Lands''. (4) Law applicable to certain land.--The land taken into trust under this subsection shall not be subject to any requirements for valuation, appraisal, or equalization under any Federal law. (d) Non-Federal Land Conveyance.--Upon completion and acceptance of an environmental hazard assessment, the Secretary shall take into trust for the benefit of the Tribe certain non-Federal land owned by the Tribe, consisting of approximately 184 acres, as depicted on the Map as ``Eastern Lands'', such non-Federal land shall be designated as part of the Reservation. (e) Map Requirements.-- (1) Availability of initial map.--The Secretary shall make the Map available for public inspection in appropriate offices of the National Park Service. The Map shall also depict any non-Federal land currently owned by the Tribe which is being placed in trust under this section. (2) Revised map.--Not later than one year after the date of the land transaction in subsections (d) and (e), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and Committee on Natural Resources of the House of Representatives a revised map that depicts-- (A) the Federal and non-Federal land taken into trust under this section and the Second Beach Trail; and (B) the actual boundaries of the Park as modified by the land conveyance. (f) Jurisdiction.--The land conveyed to the Tribe by this section shall be designated as part of the Quileute Reservation and placed in the following jurisdictions: (1) Trust land.--The same Federal, State, and Tribe jurisdiction as on all other trust lands within the Reservation, so long as the exercise of such jurisdiction does not conflict with the terms of the easement described in subsection (g) below. (2) Tribe jurisdiction.--Park visitors shall remain subject to the jurisdiction of the Tribe while on the Second Beach parking lot, on those portions of the Second Beach Trail on the Reservation, and Rialto Spit, to the same extent that such visitors are subject to the Tribe's jurisdiction elsewhere on the Reservation. (g) Grant of Easement in Connection With Land Conveyance.-- (1) Easement required.--The conveyances under subsection (c)(2) shall be subject to the conditions described in this subsection. (2) Required rights under easement.--Any easement granted under this subsection must contain the following express terms: (A) No impact on existing rights.--An easement shall not limit the Tribe's treaty rights or other existing rights. (B) Retention of rights.--The Tribe retains the right to enforce its rules against visitors for disorderly conduct, drug and alcohol use, use or possession of firearms, and other disruptive behaviors. (C) Monitoring of easement conditions.--The Park has the right, with prior notice to the Tribe, to access lands conveyed to the Tribe for purposes of monitoring compliance with any easement made under this subsection. (3) Exemption for subsection (d) land.--The non-Federal land owned by the Tribe and being placed into trust by the Secretary in accordance with subsection (d) shall not be included in, or subject to, any easement or condition specified in this subsection. (4) Required terms and conditions.--The following specified land areas shall be subject to the following easement conditions: (A) Conditions on northern land.--Certain land that will be added to the northern boundary of the Reservation by the land conveyance, from Rialto Beach to the east line of Section 23, shall be subject to an easement, which shall contain the following requirements: (i) The Tribe may lease or encumber the land, consistent with their status as trust lands, provided that the Tribe expressly subjects the conveyance or authorized use to the terms of the easement. (ii) The Tribe may place temporary, seasonal camps on the land, but shall not place or construct commercial residential, industrial, or other permanent buildings or structures. (iii) Roads on the land on the date of enactment of this Act may be maintained or improved, but no major improvements or road construction may occur, and any road improvements, temporary camps, or other uses of these lands shall not interfere with its use as a natural wildlife corridor. (iv) The Tribe may authorize Tribe members and third parties to engage in recreational, ceremonial, or treaty uses of the land provided that the Tribe adopts and enforces regulations permanently prohibiting the use of firearms in the Thunder Field area, and any areas south of the Quillayute River as depicted on the Map. (v) The Tribe may exercise its sovereign right to fish and gather along the Quillayute River in the Thunder Field area. (vi) The Tribe may, consistent with any applicable Federal law, engage in activities reasonably related to the restoration and protection of the Quillayute River and its tributaries and streams, weed control, fish and wildlife habitat improvement, Quillayute River or streambank stabilization, and flood control. The Tribe and the Park shall conduct joint planning and coordination for Quillayute River restoration projects, including streambank stabilization and flood control. (vii) Park officials and visitors shall have access to engage in activities along and in the Quillayute River and Dickey River that are consistent with past recreational uses, and the Tribe shall allow the public to use and access the Dickey River, and Quillayute River along the north bank, regardless of future changes in the Quillayute River or Dickey River alignment. (viii) Park officials and visitors shall have access to, and shall be allowed to engage in, activities on Tribal lands at Rialto Spit that are consistent with past recreational uses, and the Tribe shall have access to Park lands at Rialto Beach so that the Tribe may access and use the jetty at Rialto Beach. (B) Conditions on second beach trail and access.--Certain Quileute Reservation land along the boundary between the Park and the southern portion of the Reservation, encompassing the Second Beach trailhead, parking area, and Second Beach Trail, shall be subject to a conservation and management easement, as well as any other necessary agreements, which shall implement the following provisions: (i) The Tribe shall allow Park officials and visitors to park motor vehicles at the Trail parking area existing on the date of enactment of this Act and to access the portion of the Trail located on Tribal lands, and the Park shall be responsible for the costs of maintaining existing parking access to the Trail. (ii) The Tribe shall grant Park officials and visitors the right to peacefully use and maintain the portion of the Trail that is on Tribal lands, and the Park shall be responsible for maintaining the Trail and shall seek advance written approval from the Tribe before undertaking any major Trail repairs. (iii) The Park officials and the Tribe shall conduct joint planning and coordination regarding any proposed relocation of the Second Beach trailhead, the parking lot, or other portions of the Trail. (iv) The Tribe shall avoid altering the forested landscape of the Tribe-owned headlands between First and Second Beach in a manner that would adversely impact or diminish the aesthetic and natural experience of users of the Trail. (v) The Tribe shall reserve the right to make improvements or undertake activities at the Second Beach headlands that are reasonably related to enhancing fish habitat, improving or maintaining the Tribe's hatchery program, or alterations that are reasonably related to the protection of the health and safety of Tribe members and the general public. (vi) The Park officials, after consultation with the Tribe, may remove hazardous or fallen trees on the Tribal- owned Second Beach headlands to the extent necessary to clear or safeguard the Trail, provided that such trees are not removed from Tribal lands. (vii) The Park officials and the Tribe shall negotiate an agreement for the design, location, construction, and maintenance of a gathering structure in the Second Beach headlands overlook for the benefit of Park visitors and the Tribe, if such a structure is proposed to be built. (C) Southern lands exempt.--All other land conveyed to the Tribe along the southern boundary of the Reservation under this section shall not be subject to any easements or conditions, and the natural conditions of such land may be altered to allow for the relocation of Tribe members and structures outside the tsunami and Quillayute River flood zones. (D) Protection of infrastructure.--Nothing in this Act is intended to require the modification of the parklands and resources adjacent to the transferred Federal lands. The Tribe shall be responsible for developing its lands in a manner that reasonably protects its property and facilities from adjacent parklands by locating buildings and facilities an adequate distance from parklands to prevent damage to these facilities from such threats as hazardous trees and wildfire. (h) Effect of Land Conveyance on Claims.-- (1) Claims extinguished.--Upon the date of the land conveyances under subsections (d) and (e) and the placement of conveyed lands into trust for the benefit of the Tribe, any claims of the Tribe against the United States, the Secretary, or the Park relating to the Park's past or present ownership, entry, use, surveys, or other activities are deemed fully satisfied and extinguished upon a formal Tribal Council resolution, including claims related to the following: (A) Land along quillayute river.--The lands along the sections of the Quillayute River, starting east of the existing Rialto Beach parking lot to the east line of Section 22. (B) Second beach.--The portions of the Federal or Tribal lands near Second Beach. (C) Southern boundary portions.--Portions of the Federal or Tribal lands on the southern boundary of the Reservation. (2) Rialto beach.--Nothing in this section shall create or extinguish claims of the Tribe relating to Rialto Beach. (i) Gaming Prohibition.--No land taken into trust for the benefit of the Tribe under this Act shall be considered Indian lands for the purpose of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Removes certain federal land within Olympic National Park, Washington, that is designated as part of the Olympic Wilderness from inclusion in the National Wilderness Preservation System. Takes specified federal land within the Park into trust for the Quileute Indian Tribe. Requires the Secretary of the Interior to take specified nonfederal land owned by the Tribe into trust for the Tribe, upon completion and acceptance of an environmental hazard assessment. Includes those lands taken into trust for the Tribe in the Quileute Indian Reservation. Subjects portions of the federal land conveyed to the Tribe to easements and conditions that preserve the natural condition of the land and provide the public with recreational access to the land and Park. Exempts land conveyed to the Tribe along the southern boundary of the Reservation from any easements or conditions. Allows that land to be altered to allow for the relocation of Tribe members and structures outside the tsunami and Quillayute River flood zones. Extinguishes the Tribe's claims against the United States relating to the Park's past or present ownership, entry, use, surveys, or other activities upon the taking of the lands into trust for the Tribe and a formal Tribal Council resolution. Prohibits gaming on lands taken into trust for the Tribe pursuant to this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Absentee Ballot Track, Receive, and Confirm Act''. SEC. 2. REIMBURSEMENT FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS. (a) Reimbursement.--Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following new part: ``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS ``SEC. 297. PAYMENTS TO STATES. ``(a) Payments For Costs of Establishing Program.--In accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing, if the State so chooses to establish, an absentee ballot tracking program with respect to elections for Federal office held in the State (including costs incurred prior to the date of the enactment of this part). ``(b) Absentee Ballot Tracking Program Described.-- ``(1) Program described.-- ``(A) In general.--In this part, an `absentee ballot tracking program' is a program to track and confirm the receipt of absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of voted absentee ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot, by means of online access using the Internet site of the official's office. ``(B) Information on whether vote was counted.--The information referred to under subparagraph (A) with respect to the receipt of an absentee ballot shall include information regarding whether the vote cast on the ballot was counted, and, in the case of a vote which was not counted, the reasons therefor. ``(2) Use of toll-free telephone number by officials without internet site.--A program established by a State or local election official whose office does not have an Internet site may meet the description of a program under paragraph (1) if the official has established a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information on the receipt of the voted absentee ballot as provided under such paragraph. ``(c) Certification of Compliance and Costs.-- ``(1) Certification required.--In order to receive a payment under this section, a State shall submit to the Commission a statement containing-- ``(A) a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and ``(B) a statement of the costs incurred by the State in establishing the program. ``(2) Amount of payment.--The amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of-- ``(A) the number of jurisdictions in the State which are responsible for operating the program; and ``(B) $3,000. ``(3) Limit on number of payments received.--A State may not receive more than one payment under this part. ``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--There are authorized to be appropriated to the Commission for fiscal year 2010 and each succeeding fiscal year such sums as may be necessary for payments under this part. ``(b) Continuing Availability of Funds.--Any amounts appropriated pursuant to the authorization under this section shall remain available until expended.''. (b) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: ``Part 7--Payments To Reimburse States for Costs Incurred in Establishing Program To Track and Confirm Receipt of Absentee Ballots ``Sec. 297. Payments to States. ``Sec. 297A. Authorization of appropriations.''. Passed the House of Representatives July 30, 2009. Attest: LORRAINE C. MILLER, Clerk.

Absentee Ballot Track, Receive, and Confirm Act - Amends the Help America Vote Act of 2002 to direct the Election Assistance Commission (EAC) to make a payment to reimburse a state for the costs incurred in establishing, if the state so chooses, an absentee ballot tracking program for federal elections.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Renewable Energy Research and Development Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States has a critical national interest in developing clean, domestic, renewable sources of energy in order to reduce environmental impacts of energy production, increase national security, improve public health, and bolster economic stability. (2) Marine renewable energy technologies are a nonemitting source of power production. (3) Marine renewable energy may serve as an alternative to fossil fuels and create thousands of new jobs within the United States. (4) Europe has already successfully delivered electricity to the grid through the deployment of wave and tidal energy devices off the coast of Scotland. (5) Recent studies from the Electric Power Research Institute, in conjunction with the Department of Energy's National Renewable Energy Laboratory, have identified an abundance of viable sites within the United States with ample wave and tidal resources to be harnessed by marine power technologies. (6) Sustained and expanded research, development, demonstration, and commercial application programs are needed to locate and characterize marine renewable energy resources, and to develop the technologies that will enable their widespread commercial development. (7) Federal support is critical to reduce the financial risk associated with developing new marine renewable energy technologies, thereby encouraging the private sector investment necessary to make marine renewable energy resources commercially viable as a source of electric power and for other applications. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) Marine renewable energy.--The term ``Marine Renewable Energy'' means energy derived from one or more of the following sources: (A) Waves. (B) Tidal flows. (C) Ocean currents. (D) Ocean thermal energy conversion. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT. (a) In General.--The Secretary, in conjunction with other appropriate agencies, shall support programs of research, development, demonstration, and commercial application to expand marine renewable energy production, including programs to-- (1) study and compare existing marine renewable energy extraction technologies; (2) research, develop, and demonstrate advanced marine renewable energy systems and technologies; (3) reduce the manufacturing and operation costs of marine renewable energy technologies; (4) investigate efficient and reliable integration with the utility grid and intermittency issues; (5) advance wave forecasting technologies; (6) conduct experimental and numerical modeling for optimization of marine energy conversion devices and arrays; (7) increase the reliability and survivability of marine renewable energy technologies, including development of corrosive-resistant materials; (8) study, in conjunction with the Assistant Administrator for Research and Development of the Environmental Protection Agency, the Undersecretary of Commerce for Oceans and Atmosphere, and other Federal agencies as appropriate, the environmental impacts of marine renewable energy technologies and ways to address adverse impacts, and provide public information concerning technologies and other means available for monitoring and determining environmental impacts; (9) establish protocols, in conjunction with the National Oceanic and Atmospheric Administration, for how the ocean community may best interact with marine renewable energy devices; (10) develop power measurement standards for marine renewable energy; (11) develop identification standards for marine renewable energy devices; (12) address standards development, demonstration, and technology transfer for advanced systems engineering and system integration methods to identify critical interfaces; and (13) utilize marine resources in the Gulf of Mexico, the Atlantic Ocean, and the Pacific Ocean. (b) Siting Criteria.--The Secretary, in conjunction with other appropriate Federal agencies, shall develop, prior to installation of any technologies under this section, siting criteria for marine renewable energy generation demonstration and commercial application projects funded under this Act. SEC. 5. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTERS. (a) Centers.--The Secretary, acting through the National Renewable Energy Laboratory, shall award grants to institutions of higher education (or consortia thereof) for the establishment of 1 or more National Marine Renewable Energy Research, Development, and Demonstration Centers. In selecting locations for Centers, the Secretary shall consider sites that meet one of the following criteria: (1) Hosts an existing marine renewable energy research and development program in coordination with a public university engineering program. (2) Has proven expertise to support environmental and policy-related issues associated with harnessing of energy in the marine environment. (3) Has access to and utilizes the marine resources in the Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean. The Secretary may give special consideration to historically black colleges and universities and land grant universities that also meet one of these criteria. In establishing criteria for the selection of Centers, the Secretary shall coordinate with the Undersecretary of Commerce for Oceans and Atmosphere on the criteria related to advancing wave forecasting technologies, studying the compatibility with the environment of marine renewable energy technologies and systems, and establishing protocols for how the ocean community best interacts with marine renewable energy devices and parks. (b) Purposes.--The Centers shall advance research, development, demonstration, and commercial application of marine renewable energy through a number of initiatives including for the purposes described in section 4(1) through (13), and shall serve as an information clearinghouse for the marine renewable energy industry, collecting and disseminating information on best practices in all areas related to developing and managing enhanced marine renewable energy systems resources. (c) Demonstration of Need.--When applying for a grant under this section, an applicant shall include a description of why Federal support is necessary for the Center, including evidence that the research of the Center will not be conducted in the absence of Federal support. SEC. 6. APPLICABILITY OF OTHER LAWS. Nothing in this Act shall be construed as waiving the applicability of any requirement under any environmental or other Federal or State law. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act $50,000,000 for each of the fiscal years 2008 through 2012, except that no funds shall be appropriated under this section for activities that are receiving funds under section 931(a)(2)(E)(i) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).

Marine Renewable Energy Research and Development Act of 2007 - Instructs the Secretary of Energy to support research and demonstration programs to expand marine renewable energy production, including: (1) study and comparison of existing marine renewable energy extraction technologies; (2) investigation of utility grid and intermittency issues; (3) increased survivability of marine renewable energy extraction technologies, including development of corrosive-resistant materials; (4) a study of environmental impacts of such technologies and ways to address adverse impacts; and (5) establishment of protocols, in conjunction with the National Oceanic and Atmospheric Administration (NOAA), for how the ocean community may best interact with marine renewable energy devices. Directs the Secretary to develop siting criteria for marine renewable energy generation projects prior to installation of such technologies. Directs the Secretary to award grants to institutions of higher education (or consortia of them) to establish National Marine Renewable Energy Research, Development, and Demonstration Centers to serve as information clearinghouses for the marine renewable energy industry, collecting and disseminating information on best practices related to developing and managing enhanced marine renewable energy systems resources. Authorizes the Secretary to give special consideration to historically black colleges and universities and land grant universities that meet prescribed criteria. Authorizes appropriations for FY2008-FY2012, excluding certain ocean energy programs already receiving funds under the Energy Policy Act of 2005.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Chance Voting Rights Act of 2006''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The right to vote is the most fundamental act performed by citizens in our great representative democracy. (2) Citizen participation in local, State, and Federal elections is the primary means to assure representation of many constituent groups in the political process. (3) More than 500,000 Americans who were convicted of felony crimes have served their entire sentence and stand free and clear of incarceration and parole. (4) It is the civic duty of every citizen of the United States to vote in any election in order to guarantee full and fair representation of all interests. (5) Allowing ex-offenders to vote restores them to their role as responsible citizens in this great country whose greatness is strengthened by the civic rehabilitation and participation of all nonvoting citizens. (6) The States of Alaska, Arkansas, California, Colorado, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, West Virginia, and Wisconsin, and the District of Columbia, restore the right to vote automatically upon the completion of sentence, including parole. (7) The United States should ensure that the Federal voting rights of a person are restored upon the unconditional release of that person from prison and the completion of sentence, including parole. SEC. 3. FEDERAL VOTING RIGHTS OF INDIVIDUALS WHO HAVE BEEN CONVICTED OF A CRIMINAL OFFENSE. (a) In General.--The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense. (b) Applicability.--Subsection (a) shall apply to an individual convicted of a criminal offense upon the unconditional release of that individual from incarceration for that offense and the completion of sentence for that offense, including parole. SEC. 4. ENFORCEMENT. (a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private Right of Action.-- (1) A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action obtain declaratory or injunctive relief with respect to the violation. (3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President; and (2) the term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. SEC. 6. RELATION TO OTHER LAWS. (a) State Laws.--Nothing in this Act shall be construed to prohibit the States enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Federal Laws.--The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg).

Second Chance Voting Rights Act of 2006 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense. Applies this Act to a convicted individual upon his or her unconditional release from incarceration and completion of his or her sentence, including parole. Provides for enforcement of, and remedies for, violations of this Act. Prohibits construing this Act to prohibit states from affording the right to vote in any federal election on less restrictive terms.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Close the Revolving Door Act of 2010''. SEC. 2. LIFETIME BAN ON MEMBERS OF CONGRESS FROM LOBBYING. (a) In General.--Section 207(e)(1) of title 18, United States Code, is amended to read as follows: ``(1) Members of congress.--Any person who is a Senator, a Member of the House of Representatives or an elected officer of the Senate or the House of Representatives and who after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator, Member, or elected official seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.''. (b) Conforming Amendment.--Section 207(e)(2) of title 18, United States Code, is amended-- (1) in the caption, by striking ``Officers and staff'' and inserting ``Staff''; and (2) by striking ``an elected officer of the Senate, or''. SEC. 3. CONGRESSIONAL STAFF. Paragraphs (2), (3), (4), (5)(A), and (6)(A) of section 207(e) of title 18, United States Code, is amended by striking ``1 year'' and inserting ``6 years''. SEC. 4. IMPROVED REPORTING OF LOBBYISTS ACTIVITIES. Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended by inserting at the end the following: ``(c) Joint Web Site.-- ``(1) In general.--The Secretary of the Senate and the Clerk of the House of Representatives shall maintain a joint lobbyist disclosure Internet database for information required to be publicly disclosed under this Act which shall be an easily searchable Web site called lobbyists.gov with a stated goal of simplicity of usage. ``(2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $100,000 for fiscal year 2011.''. SEC. 5. LOBBYIST REVOLVING DOOR TO CONGRESS. (a) In General.--Any person who is a registered lobbyist or an agent of a foreign principal may not within 6 years after that person leaves such position be hired by a Member or committee of either House of Congress with whom the registered lobbyist or an agent of a foreign principal has had substantial lobbying contact. (b) Waiver.--This section may be waived in the Senate or the House of Representatives by the Committee on Ethics or the Committee on Standards of Official Conduct based on a compelling national need. (c) Substantial Lobbying Contact.--For purposes of this section, in determining whether a registered lobbyist or agent of a foreign principal has had substantial lobbying contact within the applicable period of time, the Member or committee of either House of Congress shall take into consideration whether the individual's lobbying contacts have pertained to pending legislative business, or related to solicitation of an earmark or other Federal funding, particularly if such contacts included the coordination of meetings with the Member or staff, involved presentations to staff, or participation in fundraising exceeding the mere giving of a personal contribution. Simple social contacts with the Member or committee of either House of Congress and staff, shall not by themselves constitute substantial lobbying contacts. SEC. 6. PAYMENT FOR CHARTER FLIGHTS BY CAMPAIGN FUNDS AND DISCLOSURE OF CERTAIN AIR TRAVEL WITH A LOBBYIST BY A SENATOR. (a) Clarification of Rules on Use of Campaign Funds for Flights on Commercial Aircraft.-- (1) In general.--Paragraph (1) of section 313(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a(c)) is amended-- (A) by striking ``a candidate for election for Federal office (other than a candidate who is subject to paragraph (2)), or any authorized committee of such a candidate, may not make any expenditure for a flight on an aircraft'' in the matter preceding subparagraph (A) and inserting ``in the case of a candidate for election to Federal office (other than a candidate who is subject to paragraph (2)), no political committee may make any expenditure for travel by such a candidate, or for travel on behalf of such a candidate, by means of a flight on an aircraft (regardless of whether such travel is in connection with an election for Federal office)'', and (B) by striking ``candidate, the authorized committee, or other'' in subparagraph (B). (2) Effective date.--The amendment made by this subsection shall apply to flights taken on or after the date of the enactment of this Act. (b) Disclosure.--Paragraph 2(e)(1) of rule XXXV of the Standing Rules of the Senate is amended-- (1) in subclause (C), by striking ``and'' after the semicolon; (2) by inserting after subclause (D) the following: ``(E) the source will submit a list of the names of any registered lobbyist or an agent of a foreign principal on the trip not later than 30 days after the trip; and''. SEC. 7. BAN ON LOBBYISTS MAKING CASH CAMPAIGN CONTRIBUTIONS. Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441g) is amended by-- (1) by striking ``No person'' and inserting the following: ``(a) In General.--Except as provided in subsection (b), no person''; and (2) inserting at the end the following: ``(b) Lobbyist.-- ``(1) Total ban.--If the person described in subsection (a) is a lobbyist, the amount referred to in subsection (a) shall be zero. ``(2) Lobbyist.--In this subsection, the term `lobbyist' shall have the same meaning given such term in section 3(10) of the Lobbying Disclosure Act of 1995.''. SEC. 8. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES. The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended by inserting after section 6 the following: ``SEC. 6A. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES. ``(a) In General.--A substantial lobbying entity shall file on an annual basis with the Clerk of the House of Representatives and the Secretary of the United States Senate a list of any employee, individual under contract, or individual who provides paid consulting services who is-- ``(1) a former United States Senator or a former Member of the United States House of Representatives; or ``(2) a former congressional staff person who-- ``(A) made at least $100,000 in any 1 year as a congressional staff person; ``(B) worked for a total of 4 years or more as a congressional staff person; or ``(C) had a job title at any time while employed as a congressional staff person that contained any of the following terms: `Chief of Staff', `Legislative Director', `Staff Director', `Counsel', `Professional Staff Member', `Communications Director', or `Press Secretary'. ``(b) Contents of Filing.--The filing required by this section shall contain a brief job description of each such employee, individual under contract, or individual who provides paid consulting services, and an explanation of their work experience under subsection (a) that requires this filing. ``(c) Improved Reporting of Substantial Lobbying Entities.--The Joint Web site being maintained by the Secretary of the Senate and the Clerk of the House of Representatives, known as lobbyists.gov, shall include an easily searchable database entitled `Substantial Lobbying Entities' that includes qualifying employees, individuals under contract, or individuals who provide paid consulting services, under subsection (a). ``(d) Law Enforcement Oversight.--The Clerk of the House of Representatives and the Secretary of the Senate shall provide a copy of the filings of substantial lobbying entities to the District of Columbia United States Attorney, to allow the District of Columbia United States Attorney to determine whether any such entities are underreporting the Federal lobbying activities of its employees, individuals under contract, or individuals who provide paid consulting services. ``(e) Substantial Lobbying Entity.--In this section, the term `substantial lobbying entity' means an incorporated entity that employs more than 3 federally registered lobbyists during a filing period.''. SEC. 9. ENHANCED PENALTIES. Section 7(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606(a)) is amended by striking ``$200,000'' and inserting ``$500,000''.

Close the Revolving Door Act of 2010 - Amends the federal criminal code to impose a permanent ban (currently, a two-year ban) on lobbying contacts by any former Member of Congress or elected officer of the Senate or the House of Representatives with any Member, officer, or employee of either house of Congress or any employee of any other legislative office. Provides for a six-year lobbying ban (currently, a one-year ban) on former congressional staff. Amends the Lobbying Disclosure Act of 1995 to: (1) require the Secretary of the Senate and the Clerk of the House of Representatives to maintain a joint Internet website for the disclosure of lobbying activity called "lobbyist.gov;" (2) require a substantial lobbying entity (defined as an incorporated entity that employs more than three federally-registered lobbyists during a filing period) to file annually with the Secretary and Clerk a list of any employee or contractor who is a former Member of Congress or congressional staff person who made at least $100,000 in any one year, who worked for a total of four years or more in that capacity, or who had a job title that contained the terms Chief of Staff, Legislative or Staff Director, Counsel, Professional Staff Member, Communications Director, or Press Secretary; (3) require the Secretary and the Clerk to provide a copy of the filings of substantial lobbying entities to the U.S. Attorney for the District of Columbia; and (4) increase from $200,000 to $500,000 the civil penalty for intentional failure to correct a defective filing of lobbying activity. Prohibits any person who is a registered lobbyist or an agent of a foreign principal, within six years after leaving such position, from being hired by a Member or committee of either house of Congress with whom that lobbyist or agent has had substantial lobbying contact, subject to a waiver based on a compelling national need. Amends the Federal Election Campaign Act of 1971 to prohibit: (1) a political committee from making any expenditure or reimbursement for noncommercial air travel by a candidate for federal office; and (2) a lobbyist from making any contribution of U.S. or foreign currency to or for the benefit of any candidate for federal office.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Education Flexibility Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) According to the ``National Survey of Veterans, Active Duty Service Members, Demobilized National Guard and Reserve Members, Family Members, and Surviving Spouses Final Report'', commissioned by the Secretary of Veterans Affairs in 2010, 20.6 percent of eligible veterans--approximately 2,621,753 veterans--were unable to use their GI bill educational benefits because their period of eligibility expired. (2) The time limitations for using GI bill educational benefits do not reflect the realities of the modern economy of the United States. After leaving the service, many veterans postpone further education to join the workforce and support their families or are faced with lengthy rehabilitations from service-related injuries. (3) Access to education and job retraining has proved the arbiter of success in today's economy, and if the United States is to lower the unemployment rate among the veteran population, the United States must provide veterans unfettered access to educational benefits. (b) Purpose.--The purpose of this Act is to remove the delimiting dates and retroactively restore the Department of Veterans Affairs Educational benefits within the Post-Vietnam Era Veterans' Educational Assistance Program (VEAP), Montgomery GI Bill-Active Duty (MGIB-AD), and Post-9/11 GI Bill. SEC. 3. ELIMINATION OF TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT TO EDUCATIONAL ASSISTANCE. (a) Montgomery GI Bill-Active Duty.-- (1) In general.--Section 3031 of chapter 30 of title 38, United States Code, is amended to read as follows: ``Sec. 3031. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete ``(a) Educational Institutions Operating on Quarter or Semester System.--If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution regularly operated on the quarter or semester system and the period of such individual's entitlement under this chapter would, under section 3013, expire during a quarter or semester, such period shall be extended to the end of such quarter or semester. ``(b) Other Educational Institutions.--If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution not regularly operated on the quarter or semester system and the period of such individual's entitlement under this chapter would, under section 3013, expire after a major portion of the course is completed, such period shall be extended to the end of the course or for 12 weeks, whichever is the lesser period of extension.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 3031 and inserting the following new item: ``3031. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete.''. (3) Conforming amendments.--Chapter 33 of title 38, United States Code, is amended-- (A) in section 3018C(e)(3)(B)-- (i) by striking ``(i) The Secretary'' and inserting ``The Secretary''; and (ii) by striking clause (ii); and (B) in section 3020-- (i) in subsection (f)(1), by striking ``Subject to the time limitation for use of entitlement under section 3031 of this title, an'' and inserting ``An''; and (ii) in subsection (h), by striking ``Notwithstanding section 3031 of this title, a'' and inserting ``A''. (b) Post-Vietnam Era Veterans' Educational Assistance Program.-- (1) In general.--Section 3232 of title 38, United States Code, is amended-- (A) by striking subsections (a) and (b); and (B) by redesignating subsections (c) and (d) as subsections (a) and (b), respectively. (2) Conforming amendment.--Section 3035(b)(1) of title 38, United States Code, is amended by striking ``and from'' and all that follows through ``title''. (c) Post-9/11 GI Bill.-- (1) In general.--Section 3321 of chapter 30 of title 38, United States Code, is amended to read as follows: ``Sec. 3321. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete ``Section 3031 shall apply with respect to the termination of an individual's entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual's entitlement to educational assistance under chapter 30, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to section 3312 of this title.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 3321 and inserting the following new item: ``3321. Extension of entitlement to educational assistance expiring during a quarter or semester or after a major portion of a course is complete.''. (3) Conforming amendments.--Chapter 33 of title 38, United States Code, is amended-- (A) in section 3312(b), by striking ``3321(b)(2)'' and inserting ``3321''; (B) in section 3319-- (i) in subsection (f)(1), by striking ``Subject to'' and all that follows through ``an'' and inserting ``An''; and (ii) in subsection (h)(5)(A), by striking ``may use'' and all that follows through ``but''. (d) Conforming Amendments for Reserve Component Programs.-- (1) Selected reserve.--Section 16133(b) of title 10, United States Code, is amended-- (A) in paragraph (2), by striking ``section 3031(f)'' and inserting ``subsections (a) and (b) of section 3031''; and (B) in paragraph (3), by inserting ``, as such section existed on the day before the date of the enactment of the Veterans Education Flexibility Act,'' after ``title 38''. (2) Other reserve components.--Section 16164(b)(2) of title 10, United States Code, is amended to read as follows: ``(2) The following provisions shall apply to the period of entitlement prescribed by paragraph (1): ``(A) Subsections (a) and (b) of section 3031 of title 38. ``(B) Subsection (d) of section 3031 of title 38, as such subsection existed on the day before the date of the enactment of the Veterans Education Flexibility Act.''. (e) Applicability.--The amendments made by this section shall apply with respect to any individual who has been entitled to educational assistance under chapters 30, 32, or 33 of title 38, United States Code. For purposes of determining the number of months of entitlement to such educational assistance that an individual is entitled to, the Secretary of Veterans Affairs shall disregard any delimiting date eliminated by this Act that occurred before the date of the enactment of this Act.

Veterans Education Flexibility Act This bill declares that, if an individual eligible for educational assistance under the all-volunteer force educational assistance program of the Department of Veterans Affairs is enrolled in an educational institution and the period of entitlement (10 years after discharge or release from active duty) would expire during a quarter or semester of enrollment, the period shall be extended to the end of that period (or until the earlier of the end of the course or 12 weeks in the case of an educational institution not regularly operated on a quarter or semester basis). The bill: (1) repeals the delimiting period for the use of assistance under the post-Vietnam era veterans' educational assistance program (generally 10 years after the veteran's last discharge or release from active duty), and (2) applies the assistance extension provided under the all-volunteer force educational assistance program to the post-9/11 veterans' educational assistance program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Policy and Posture Review Act of 2007''. SEC. 2. REVISED NUCLEAR POLICY REVIEW AND NUCLEAR POSTURE REVIEW. (a) Nuclear Policy Review.-- (1) In general.--The President shall conduct a nuclear policy review to consider a range of options on the role of nuclear weapons in United States security policy. The policy review shall be coordinated by the National Security Advisor and shall include the Secretary of State, the Secretary of Energy, the Secretary of Defense, the Director of National Intelligence, the Director of the Office of Management and Budget, and the Director of the Office of Science and Technology Policy. (2) Scope of review.--The nuclear policy review conducted under paragraph (1) shall-- (A) address the role and value of nuclear weapons in the current global security environment; (B) set forth short-term and long-term objectives of United States nuclear weapons policy; (C) consider the contributions of the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 (commonly referred to as the ``Nuclear Non-Proliferation Treaty''), to United States national security, and include recommendations for strengthening the Treaty; (D) explore the relationship between the nuclear policy of the United States and nonproliferation and arms control objectives and international treaty obligations, including obligations under Article VI of the Nuclear Non-Proliferation Treaty; (E) determine the role and effectiveness of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms, signed at Moscow July 31, 1991 (commonly referred to as the ``START I Treaty''), and the Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions, done at Moscow May 24, 2002 (commonly referred to as the ``Moscow Treaty''), in achieving the national security and nonproliferation goals of the United States and in implementing United States military strategy, and describe the elements of a recommended successor treaty, including verification provisions; and (F) provide policy guidance and make recommendations for the nuclear posture review to be conducted under subsection (b). (3) Outside input.--The policy review shall include contributions from outside experts and, to the extent possible, shall include public meetings to consider a range of views. (b) Nuclear Posture Review.-- (1) In general.--Following completion of the nuclear policy review under subsection (a), the Secretary of Defense shall conduct a comprehensive review of the nuclear posture of the United States to clarify United States nuclear deterrence policy and strategy. The Secretary shall conduct the review in collaboration with the Secretary of Energy, the Secretary of State, the Director of National Intelligence, and the National Security Advisor. (2) Elements of review.--The nuclear posture review conducted under paragraph (1) shall include the following elements: (A) The role of nuclear forces in United States military strategy, planning, and programming, including the extent to which conventional forces can assume roles previously assumed by nuclear forces. (B) The policy requirements and objectives for the United States to maintain a safe, reliable, and credible nuclear deterrence posture, in light of the guidance provided by the nuclear policy review conducted under subsection (a). (C) The targeting strategy required to implement effectively the guidance provided by the nuclear policy review conducted under subsection (a). (D) The levels and composition of the nuclear delivery systems that will be required for implementing the United States national and military strategy, including any plans for removing, replacing, or modifying existing systems. (E) The nuclear weapons complex that will be required for implementing the United States national and military strategy, including any plans to consolidate, modernize, or modify the complex. (F) The active and inactive nuclear weapons stockpile that will be required for implementing the United States national and military strategy, including any plans for replacing or modifying warheads. (G) An account of the different nuclear postures considered in the review and the reasoning for the selection of the nuclear posture. (c) Reports Required.-- (1) Nuclear policy review.--Not later than September 1, 2009, the President shall submit to Congress a report on the results of the nuclear policy review conducted under subsection (a). (2) Nuclear posture review.--Not later than March 1, 2010, the President shall submit to Congress a report on the results of the nuclear posture review conducted under subsection (b). (3) Form.--Each report required under this subsection shall be submitted in unclassified form, but may contain a classified annex. (d) Sense of Congress on Use of Nuclear Posture Review.--It is the sense of Congress that the nuclear policy review conducted under subsection (a) should be used as the basis for establishing future strategic arms control objectives and negotiating positions of the United States. (e) Restriction on Funding of Reliable Replacement Warhead Program.--Notwithstanding any other provision of law, no funds may be appropriated or otherwise made available for the Reliable Replacement Warhead Program for fiscal years 2008, 2009, or 2010 until the reports required under subsection (c) have been submitted to Congress.

Nuclear Policy and Posture Review Act of 2007 - Directs the President to conduct a nuclear policy review to consider a range of options on the role of nuclear weapons in U.S. security policy. Requires the Secretary of Defense to conduct a comprehensive review of the U.S. nuclear posture to clarify U.S. nuclear deterrence policy and strategy. Expresses the sense of Congress that the President's review should be used as the basis for establishing future U.S. strategic arms control objectives and negotiating positions. Prohibits the appropriation or availability of funds for the Reliable Replacement Warhead Program for FY2008-FY2010 until reports on the above reviews have been submitted to Congress.

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