FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair International Standards in Trade for the Americas Act of 1995''. SEC. 2. PRINCIPAL NEGOTIATING OBJECTIVES OF THE UNITED STATES. The purposes, policies, and objectives that are applicable with respect to any free-trade area trade agreement negotiated under the authority of such title I in furtherance of the Free Trade Agreement for the Americas, as proposed at the Summit of the Americas that was held in December, 1994, in Miami, Florida with any country in the Western Hemisphere outside North America (hereafter in this Act referred to as the ``FTAA'') include the achievement of the overall and principal trade negotiating objectives of the United States set forth in section 1101 of the Omnibus Trade and Competitiveness Act of 1988, and the following principal negotiating objectives: (1) Worker rights and standards and protection.--With a view to establishing open, expanding, mutually beneficial trade among the countries of the Western Hemisphere, to spreading the benefits of such trade as widely as possible, to protecting citizens interests, and to enhancing respect for human rights throughout the Western Hemisphere, the principal negotiating objectives of the United States with respect to worker rights and standards, and the protection thereof, in the conduct of international trade, commerce, and finance are-- (A) to ensure freedom of association and to affirm the vital role that free and independent unions play in democratic governance; (B) to ensure the rights of working people to organize, to bargain collectively, and to strike, and to ensure the right of workers' representatives to legal protection in the free exercise of their duties and fundamental human rights; (C) to establish a minimum age for the employment of children at 14 years if the employment will not result in the neglect of their education and will not harm their health and well-being; (D) to ensure the right to health at the workplace and to a healthy working environment, including freedom from exposure to toxic substances; (E) to guarantee the right of all workers to equal protection, including freedom from discrimination in wages or working conditions, regardless of their nationality, race, religion, age, or sex; and (F) to guarantee humane standards of wages and hours of work that take into account different levels of national economic development, but provide for improvement concurrently with gains in productivity. (2) Environmental quality and protection.--In recognition of the shared responsibility of the countries of the Western Hemisphere as stewards responsible for, and their common interest in, preserving and sustaining the Western Hemisphere's natural habitat and resources over time, the principal negotiating objectives of the United States with respect to environmental quality and protection are-- (A) the protection of environmental quality and of the integrity of ecosystems, as well as the maintenance of scarce biological and physical resources, in the conduct of international trade, commerce, and finance; (B) the establishment of a process for the full and public disclosure of the kinds, quantities, and risks associated with toxic chemical and hazardous substance discharges into the air, water, and land; (C) the prevention of the export of toxic and hazardous substances and products, such as carcinogens and unsafe drugs, that are banned in the country of origin; (D) the prevention of the export of products (except to the extent of remediation or repatriation contracts that already exist) manufactured, extracted, harvested, or grown under environmental conditions or workplace safety and health conditions that undermine counterpart standards, particularly those applicable to the counterpart industry in the importing country or the counterpart standards, in general, in the importing country; and (E) to require that industries within their national borders reduce the amount and toxicity of hazardous substances that they use, minimize the amount and toxicity of wastes they generate, and demonstrate publicly their use of best available technology for pollution abatement in their production processes. (3) Unfair trade practices.--In acknowledging different, evolving comparative advantages among trading nations, but with a view to distinguishing between acceptable and unacceptable means of competition among trading nations, the principal negotiating objectives of the United States with respect to unfair trade practices shall include the adoption, as a principle, and in enforcement action that the systematic denial or practical nullification of the protections accorded worker rights and standards and environmental quality (within the context of paragraphs (1) and (2)) as a means for any country or its industries to gain competitive advantage in international trade, commerce, and finance is an actionable unfair trade practice. (4) Comprehensive dispute resolution.--The principal negotiating objectives of the United States are to achieve a process for the settlement of disputes that arise between or among the signatories with respect to unfair trade practices, including not only those involving commonly identified unfair trade barriers, but unfair practices, within the context of the negotiating objectives listed in paragraphs (1), (2), and (3) involving the systematic denial or practical nullification of worker rights and standards and failure to apply or enforce standards relating to environmental quality or protection, resulting in distortions to international trade, commerce, and finance. Such a process shall include-- (A) notification by each signatory nation to the other signatories regarding changes in law or practice that will materially affect the agreement; (B) provision, on a sequential basis and subject to reasonable time limits, for consultation between or among signatories, for mediation, and, if necessary, for binding arbitration; (C) the establishment of a multilateral commission, with authority to investigate, adjudicate, issue binding judgments, and take enforcement action, in a timely manner regarding the issues in dispute pursuant to subparagraph (B)-- (i) that consists of equal numbers of experts from the signatory nations (with United States experts being subject to the advice and consent of the United States Senate), and (ii) the chairmanship of which will be filled by individuals who-- (I) are citizens of the respective signatories, (II) serve on a rotational basis among the signatories for 2-year terms, except that no individual may serve in such office for more than one term, and (III) are appointed to such office by the respective chief executive officers of the signatories (and any chairperson appointed from the United States is subject to the advice and consent of the United States); (D) provision for the multilateral commission, in its proceedings and deliberations, to consult with a wide array of representative organizations, in addition to government agencies, with expertise in labor, environmental, agricultural, and scientific matters in each of the signatory nations; (E) provision for the multilateral commission to enforce its judgments, as appropriate, by authorizing an aggrieved signatory nation to-- (i) suspend, withdraw, or prevent the application of the benefits of trade agreement concessions to carry out any trade agreement entered into pursuant to the FTAA with the offending signatory nation, (ii) impose proportionate duties on specific products, companies, or industries, or other offsetting import restrictions on the goods of, and offsetting fees or restrictions on the services of, the offending signatory nation for such time as the multilateral commission determines, or (iii) enter into binding agreements with the offending signatory nation that commit such nation to-- (I) eliminate, or phase out, the act, policy, or practice that constitutes an unfair trade practice and that is the subject of the action to be taken under clause (i) or (ii), (II) eliminate any burden or restriction on Western Hemisphere trade, as defined in the FTAA, resulting from such unfair trade practice, (III) provide the aggrieved signatory nation with compensatory trade benefits that are satisfactory to the multilateral commission and meet the requirements of subparagraph (F), or (IV) enter into debt-for-science exchanges, or similar arrangements, as appropriate, that are satisfactory to the multilateral commission and that serve, as potential funding sources for remedies recommended under paragraph (5), to ameliorate the issues in dispute pursuant to subparagraph (B); (F) provision that any binding agreement described in subparagraph (E)(iii)(III) provide compensatory trade benefits (including, but not limited to, appropriate fees on trans-border movements of products, services, or capital) that benefit the economic sector which includes the domestic industry in the aggrieved signatory nation that would benefit from the elimination of the act, policy, or practice that constitutes an unfair trade practice and that is the subject of the action to be taken under subparagraph (E), or benefit the economic sector within the aggrieved signatory nation as closely related as possible to such sector, unless-- (i) the provision of such trade benefits is not feasible, or (ii) trade benefits that benefit any other economic sector within the aggrieved signatory nation would be clearly and substantially more satisfactory than such trade benefits; (G) provision for the multilateral commission, in taking action against unfair trade practices, as defined in the FTAA, to avoid diminishing higher protections accorded worker rights and standards and environmental quality and protection and to give preference to the prompt elimination of the act, policy, or practice at issue over-- (i) the imposition of duties or other offsetting import restrictions or compensatory trade benefits, or (ii) the entering into of debt relief arrangements described in subparagraph (E)(iii)(IV); (H) provision for the government of any signatory nation or any informed person within a signatory nation to file a petition requesting the multilateral commission to take action under subparagraph (E) against any unfair trade practice, including the systematic denial or practical nullification of worker rights and standards and failure to apply or enforce standards relating to environmental quality or protection (referred to in paragraphs (1) and (2)), and setting forth the allegations in support of the request in public hearings and written testimony; and (I) provision for the proceedings, record, and decisions (along with the supporting rationale) of the multilateral commission to be made public information. SEC. 3. INTERAGENCY COMMITTEE. (a) Establishment.--In the event of the establishment of a multilateral Commission described in paragraph (4) of section 2, the Director of the Office of Science and Technology Policy shall establish, through the Federal Coordinating Council for Science, Engineering, and Technology, an interagency committee to provide technical assistance, advice, and recommendations to United States experts on the multilateral commission. The interagency committee shall include one representative from each of the following agencies: (1) The National Science Foundation. (2) The Environmental Protection Agency. (3) Department of Labor. (4) The Department of the Interior. (5) The Department of Agriculture. (6) The Department of Energy. (7) The National Institute of Standards and Technology. (8) The Department of Justice. (b) Specific Functions.--In addition to the general functions referred to in subsection (a), the interagency committee established under such subsection shall evaluate the scientific and technological aspects of certain disputes brought before the multilateral commission that pertain to environmental quality and protection and to workplace safety and health, and shall determine if violations related to the disputes reflect-- (1) inadequate or insufficient application of known technologies and techniques for mitigation of the violations, or (2) need for additional research on, and the development of, new technologies and techniques for mitigation of the violations. Consistent with paragraph (4)(G) of section 2, and after consultations with State and local government officials and a wide array of representative organizations with expertise in environmental, labor, agricultural, and scientific matters, the interagency committee shall recommend to the United States experts on the multilateral commission, when appropriate, specific technological remedies to eliminate violations or further research that is needed to develop scientific and technological remedies. SEC. 4. REQUIREMENTS FOR FUTURE TRADE AGREEMENTS PURSUANT TO THE FREE TRADE AGREEMENT FOR THE AMERICAS AND ANY INTERIM AGREEMENTS. The authority of the President to enter into any trade agreement under subsection (b) or (c) of section 1102 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2902) after January 1, 1995, or other authority provided by statute to enter into trade agreements described in such subsections, may be exercised only if the trade agreement contains provisions that require each party to the agreement to-- (1) adopt and enforce laws to afford to workers in that country (including any designated zone in that country) worker rights and standards described in paragraph (1) of section 2; (2) adopt and enforce laws to promote respect for environmental quality and protection in that country (including any designated zone in that country) described in paragraph (2) of section 2; (3) treat as actionable unfair trade practices the systematic or practical nullification of the protection accorded worker rights and standards and environmental quality (within the context of paragraphs (1) and (2) of section 2) as a means for any country or its industries to gain competitive advantage in international trade, commerce, or finance; and (4) comply with the procedures, binding rulings, and enforcement actions of the dispute resolution mechanism developed pursuant to paragraph (4) of section 2.

Fair International Standards in Trade for the Americas Act of 1995 (sic) - States that the purposes and objectives of any free-trade area trade agreement in furtherance of the proposed Free Trade Agreement for the Americas include the following principal negotiating objectives: (1) specified worker rights, standards and protection; (2) environmental quality and protection; (3) identification of the systematic denial or practical nullification of worker rights and environmental quality as unfair trade practices; and (4) a comprehensive dispute resolution process meeting specified requirements. Instructs the Director of the Office of Science and Technology Policy to establish an interagency committee to provide technical consultation services if a multilateral commission is established for comprehensive dispute resolution. States that the President's authority to enter into free-trade area trade agreements may be exercised only if such agreements reflect the provisions of this Act.

Fair International Standards in Trade for the Americas Act of 1995

TITLE I--VIETNAM VETERANS MEMORIAL VISITOR CENTER SEC. 101. VISITOR CENTER. Public Law 96-297 (16 U.S.C. 431 note) is amended by adding at the end the following: ``SEC. 6. VISITOR CENTER. ``(a) Authorization.-- ``(1) In general.--The Vietnam Veterans Memorial Fund, Inc., is authorized to construct a visitor center at or near the Vietnam Veterans Memorial on Federal land in the District of Columbia, or its environs, subject to the provisions of this section, in order to better inform and educate the public about the Vietnam Veterans Memorial and the Vietnam War. ``(2) Location.--The visitor center shall be located underground. ``(3) Consultation on design phase.--The Vietnam Veterans Memorial Fund, Inc., shall consult with educators, veterans groups, and the National Park Service in developing the proposed design of the visitor center. ``(b) Compliance With Standards Applicable to Commemorative Works.--Chapter 89 of title 40, United States Code, shall apply, including provisions related to the siting, design, construction, and maintenance of the visitor center, and the visitor center shall be considered a commemorative work for the purposes of that Act, except that-- ``(1) final approval of the visitor center shall not be withheld; ``(2) the provisions of subsections (b) and (c) of section 8908 of title 40, United States Code, requiring further approval by law for the location of a commemorative work within Area I and prohibiting the siting of a visitor center within the Reserve shall not apply; ``(3) the size of the visitor center shall be limited to the minimum necessary-- ``(A) to provide for appropriate educational and interpretive functions; and ``(B) to prevent interference or encroachment on the Vietnam Veterans Memorial and to protect open space and visual sightlines on the Mall; and ``(4) the visitor center shall be constructed and landscaped in a manner harmonious with the site of the Vietnam Veterans Memorial, consistent with the special nature and sanctity of the Mall. ``(c) Operation and Maintenance.-- ``(1) In general.--The Secretary of the Interior shall-- ``(A) operate and maintain the visitor center, except that the Secretary shall enter into a written agreement with the Vietnam Veterans Memorial Fund, Inc., for specified maintenance needs of the visitor center, as determined by the Secretary; and ``(B) as soon as practicable, in consultation with educators and veterans groups, develop a written interpretive plan for the visitor center in accordance with National Park Service policy. ``(2) Donation for perpetual maintenance and preservation.-- Paragraph (1)(A) does not waive the requirements of section 8906(b) of title 40, United States Code, with respect to the visitor center. ``(d) Funding.--The Vietnam Veterans Memorial Fund, Inc., shall be solely responsible for acceptance of contributions for, and payment of expenses of, the establishment of the visitor center. No Federal funds shall be used to pay any expense of the establishment of the visitor center.''. TITLE II--COMMEMORATIVE WORKS SEC. 201. SHORT TITLE. This title may be cited as the ``Commemorative Works Clarification and Revision Act of 2003''. SEC. 202. ESTABLISHMENT OF RESERVE. (a) Findings.--Congress finds that-- (1) the great cross-axis of the Mall in the District of Columbia, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, is a substantially completed work of civic art; and (2) to preserve the integrity of the Mall, a reserve area should be designated within the core of the great cross-axis of the Mall where the siting of new commemorative works is prohibited. (b) Reserve.--Section 8908 of title 40, United States Code, is amended by adding at the end the following: ``(c) Reserve.--After the date of enactment of the Commemorative Works Clarification and Revision Act of 2003, no commemorative work or visitor center shall be located within the Reserve.''. SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS. (a) Purposes.--Section 8901(2) of title 40, United States Code, is amended by striking ``Columbia;'' and inserting ``Columbia and its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia;''. (b) Definitions.--Section 8902 of title 40, United States Code, is amended by striking subsection (a) and inserting the following: ``(a) Definitions.--In this chapter: ``(1) Commemorative work.--The term `commemorative work' means any statue, monument, sculpture, memorial, plaque, inscription, or other structure or landscape feature, including a garden or memorial grove, designed to perpetuate in a permanent manner the memory of an individual, group, event or other significant element of American history, except that the term does not include any such item which is located within the interior of a structure or a structure which is primarily used for other purposes. ``(2) The district of columbia and its environs.--The term `the District of Columbia and its environs' means those lands and properties administered by the National Park Service and the General Services Administration located in the Reserve, Area I, and Area II as depicted on the map entitled `Commemorative Areas Washington, DC and Environs', numbered 869/86501 B, and dated June 24, 2003. ``(3) Reserve.--The term `Reserve' means the great cross-axis of the Mall, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, as depicted on the map referenced in paragraph (2). ``(4) Sponsor.--The term `sponsor' means a public agency, or an individual, group or organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, and which is authorized by Congress to establish a commemorative work in the District of Columbia and its environs.''. (c) Authorization.--Section 8903 of title 40, United States Code, is amended-- (1) in subsection (b)-- (A) by striking ``work commemorating a lesser conflict'' and inserting ``work solely commemorating a limited military engagement''; and (B) by striking ``the event'' and inserting ``such war or conflict''; (2) in subsection (d)-- (A) by striking ``Consultation with National Capital Memorial Commission.--'' and inserting ``Consultation with National Capital Memorial Advisory Commission.--''; (B) by striking ``House Administration'' and inserting ``Resources''; and (C) by inserting ``Advisory'' before ``Commission''; and (3) by striking subsection (e) and inserting the following: ``(e) Expiration of Legislative Authority.--Any legislative authority for a commemorative work shall expire at the end of the seven-year period beginning on the date of the enactment of such authority, or at the end of the seven-year period beginning on the date of the enactment of legislative authority to locate the commemorative work within Area I, if such additional authority has been granted, unless-- ``(1) the Secretary of the Interior or the Administrator of General Services (as appropriate) has issued a construction permit for the commemorative work during that period; or ``(2) the Secretary or the Administrator (as appropriate), in consultation with the National Capital Memorial Advisory Commission, has made a determination that-- ``(A) final design approvals have been obtained from the National Capital Planning Commission and the Commission of Fine Arts; and ``(B) 75 percent of the amount estimated to be required to complete the commemorative work has been raised. If these two conditions have been met, the Secretary or the Administrator (as appropriate) may extend the seven-year legislative authority for a period not to exceed three additional years. Upon expiration of the legislative authority, any previous site and design approvals shall also expire.''. (d) National Capital Memorial Advisory Commission.--Section 8904 of title 40, United States Code, is amended-- (1) in the heading, by inserting ``Advisory'' before ``Commission''; (2) in subsection (a), by striking ``There is a National'' and all that follows through ``consists of'' and inserting the following: ``There is established the National Capital Memorial Advisory Commission, which shall be composed of''; (3) in subsection (c)-- (A) by inserting ``Advisory'' before ``Commission shall''; and (B) by striking ``Services'' and inserting ``Services (as appropriate)''; and (4) in subsection (d) by inserting ``Advisory'' before ``Commission''. (e) Site and Design Approval.--Section 8905 of title 40, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``person'' each place it appears and inserting ``sponsor''; and (B) in paragraph (1)-- (i) by inserting ``Advisory'' before ``Commission''; and (ii) by striking ``designs'' and inserting ``design concepts''; and (2) in subsection (b)-- (A) by striking ``Secretary, and Administrator'' and inserting ``and the Secretary or Administrator (as appropriate)''; and (B) in paragraph (2)(B), by striking, ``open space and existing public use.'' and inserting ``open space, existing public use, and cultural and natural resources.''. (f) Criteria for Issuance of Construction Permit.--Section 8906 of title 40, United States Code, is amended-- (1) in subsection (a)(3) and (a)(4) by striking ``person'' and inserting ``sponsor''; and (2) by striking subsection (b) and inserting the following: ``(b) Donation for Perpetual Maintenance and Preservation.-- ``(1) In addition to the criteria described above in subsection (a), no construction permit shall be issued unless the sponsor authorized to construct the commemorative work has donated an amount equal to 10 percent of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation of the commemorative work. All such amounts shall be available for those purposes pursuant to the provisions of this subsection. The provisions of this subsection shall not apply in instances when the commemorative work is constructed by a Department or agency of the Federal Government and less than 50 percent of the funding for such work is provided by private sources. ``(2) Notwithstanding any other provision of law, money on deposit in the Treasury on the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 provided by a sponsor for maintenance pursuant to this subsection shall be credited to a separate account in the Treasury. ``(3) Money provided by a sponsor pursuant to the provisions of this subsection after the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 shall be credited to a separate account with the National Park Foundation. ``(4) Upon request of the Secretary or Administrator (as appropriate), the Secretary of the Treasury or the National Park Foundation shall make all or a portion of such moneys available to the Secretary or the Administrator (as appropriate) for the maintenance of a commemorative work. Under no circumstances may the Secretary or Administrator request funds from a separate account exceeding the total money in the account established under paragraph (2) or (3). The Secretary and the Administrator shall maintain an inventory of funds available for such purposes. Funds provided under this paragraph shall be available without further appropriation and shall remain available until expended.''. (g) Areas I and II.--Section 8908(a) of title 40, United States Code, is amended-- (1) by striking ``Secretary of the Interior and Administrator of General Services'' and inserting ``Secretary of the Interior or the Administrator of General Services (as appropriate)''; and (2) by striking ``numbered 869/86581, and dated May 1, 1986'' and inserting ``entitled `Commemorative Areas Washington, DC and Environs', numbered 869/86501 B, and dated June 24, 2003''. SEC. 204. SITE AND DESIGN CRITERIA. Section 8905(b) of title 40, United States Code (as amended by section 203(e)), is amended by adding at the end the following: ``(5) Museums.--No commemorative work primarily designed as a museum may be located on lands under the jurisdiction of the Secretary in Area I or in East Potomac Park as depicted on the map referenced in section 8902(2). ``(6) Site-specific guidelines.--The National Capital Planning Commission and the Commission of Fine Arts may develop such criteria or guidelines specific to each site that are mutually agreed upon to ensure that the design of the commemorative work carries out the purposes of this chapter. ``(7) Donor contributions.--Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site.''. SEC. 205. NO EFFECT ON PREVIOUSLY APPROVED SITES. Except for the provision in the amendment made by section 202(b) prohibiting a visitor center from being located in the Reserve (as defined in section 8902 of title 40, United States Code), nothing in this title shall apply to a commemorative work for which a site was approved in accordance with chapter 89 of title 40, United States Code, prior to the date of enactment of this title. SEC. 206. NATIONAL PARK SERVICE REPORTS. Within 6 months after the date of enactment of this title, the Secretary of the Interior, in consultation with the National Capital Planning Commission and the Commission of Fine Arts, shall submit to the Committee on Energy and Natural Resources of the United States Senate, and to the Committee on Resources of the United States House of Representatives reports setting forth plans for the following: (1) To relocate, as soon as practicable after the date of enactment of this Act, the National Park Service's stable and maintenance facilities that are within the Reserve (as defined in section 8902 of title 40, United States Code). (2) To relocate, redesign or otherwise alter the concession facilities that are within the Reserve to the extent necessary to make them compatible with the Reserve's character. (3) To limit the sale or distribution of permitted merchandise to those areas where such activities are less intrusive upon the Reserve, and to relocate any existing sale or distribution structures that would otherwise be inconsistent with the plan. (4) To make other appropriate changes, if any, to protect the character of the Reserve. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Title I: Vietnam Veterans Memorial Visitor Center - (Sec. 101) Authorizes the Vietnam Veterans Memorial Fund, Inc. (Fund) to construct an underground visitor center at or near the Vietnam Veterans Memorial (Memorial) to better inform and educate the public about the Vietnam Veterans Memorial and the Vietnam War. Requires the Fund to consult with educators, veterans groups, and the National Park Service in developing the proposed design of the visitor center. Designates the visitor center as a commemorative work for purposes of Federal standards applicable to National Capital Memorials and commemorative works, but waives final approval and location requirements. Limits the size of the visitor center to the minimum necessary to: (1) provide for appropriate educational and interpretive functions; (2) prevent interference with or encroachment on the Memorial; and (3) protect open space and visual sightlines on the Mall. Specifies that the visitor center shall be constructed and landscaped to be harmonious with the Memorial, consistent with the special nature and sanctity of the Mall. Directs the Secretary of the Interior to operate and maintain the visitor center and to develop a written interpretive plan for the visitor center in accordance with National Park Service policy. Provides that the Fund shall be solely responsible for accepting contributions for, and paying expenses of, the establishment of the visitor center. Prohibits the use of Federal funds to pay any expense of the establishment of the visitor center. Title II: Commemorative Works - (Sec. 201) Commemorative Works Clarification and Revision Act of 2003. (Sec. 202) Prohibits the location of any commemorative work or visitor center within the Reserve (defined as the great cross-axis of the Mall in the District of Columbia, which generally extends from the U.S. Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial) after enactment of this Act. (Sec. 203) Revises conditions which must be met in order to extend the legislative authority for a commemorative work beyond its normal seven-year limit to include determinations of the Secretary and the Administrator of General Services that final design approvals have been obtained from the National Capital Planning Commission (NCPC) and the Commission of Fine Arts (CFA), and that 75 percent of the amount estimated to be required to complete the memorial has been raised, in which case the seven-year authority may be extended for a period not to exceed three years. Redesignates the National Capital Memorial Commission as the National Capital Memorial Advisory Commission. Requires money provided after enactment of this Act by a sponsor of a commemorative work to be credited to a separate account with the National Park Foundation. (Sec. 204) Prohibits a work primarily designed as a museum from being located on lands under the jurisdiction of the Secretary in Area I or in East Potomac Park. Authorizes the NCPC and the CFA to develop criteria specific to each site to ensure that the design of a work meets specified comparability requirements. Prohibits donor contributions to works from being acknowledged in any manner as part of the work or its site. (Sec. 205) Exempts from the application of this title a site for a commemorative work (other than a site for a commemorative work or visitor center to be located in the Reserve) that was approved prior to the enactment of this title. (Sec. 206) Directs the Secretary to report to the Senate Committee on Energy and Natural Resources and the House Committee on Resources on the relocation of stable, maintenance, and concession facilities within the Reserve, as well as limitations on the sale or distribution of permitted merchandise.

To authorize the design and construction of a visitor center for the Vietnam Veterans Memorial.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surgeon General Independence Act''. SEC. 2. INDEPENDENCE OF THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE. (a) In General.--Section 204 of the Public Health Service Act (42 U.S.C. 205) is amended to read as follows: ``surgeon general ``Sec. 204. (a) Appointment.-- ``(1) In general.--The Surgeon General shall be appointed for a 4-year term by the President, in accordance with paragraph (2), by and with the advice and consent of the Senate. ``(2) Requirements for appointment.--The Surgeon General shall be appointed from individuals who-- ``(A) are licensed physicians with specialized training and significant experience in public health; ``(B) are, or agree upon appointment to become, members of the Regular Corps; and ``(C) are nominated by the Secretary pursuant to paragraph (3). ``(3) Nominations.--The Regular Corps shall submit to the Secretary and the President a list of 6 nominees, who meet the requirements of paragraph (2), and of whom not fewer than 3 shall be Regular Corps officers of flag rank, to fill any existing or pending vacancy in the position of Surgeon General. The Secretary shall forward such list to the President, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(4) Term limit.--An individual shall not serve more than 3 full terms as Surgeon General. ``(5) Grade and number.--Upon expiration of an individual's service as the Surgeon General, the individual, unless reappointed, shall revert to the grade and number in the Regular Corps or Reserve Corps which the individual would have occupied if not for such service. ``(b) Removal.--The President may only remove the Surgeon General during a term for cause. If a Surgeon General is removed, the Secretary shall provide to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a written explanation as to the cause for the removal. ``(c) Line of Authority.--Notwithstanding section 201, the Surgeon General, under the supervision and direction of the Secretary, shall administer the Office of the Surgeon General, the Regular Corps, and the Reserve Corps. ``(d) Budget Authority.--Notwithstanding any other provision of law, for each fiscal year, the Surgeon General shall prepare and submit, directly to the President for review and transmittal to the Congress, an annual budget estimate (including the number and type of personnel needs for the Surgeon General) for the Office of the Surgeon General, after reasonable opportunity for comment (but without change) by the Secretary. ``(e) Staff.--Subject to the availability of appropriations, the provisions of this title, and applicable Federal civil service laws, the Surgeon General shall have the authority to hire and terminate employees of and consultants to the Office of the Surgeon General without obtaining approval by, or clearance from, any employee of or consultant to the Department of Health and Human Services. ``(f) Reports, Calls to Action, and Other Communications.-- ``(1) In general.--The Surgeon General shall from time to time issue reports, calls to action, and other communications on matters of importance to the health of the American people. ``(2) Annual report.--In carrying out paragraph (1), the Surgeon General shall submit to the Congress and make publicly available an annual report on the state of the Nation's health. Each such report shall include an analysis of the potential impact of global health trends on the Nation's health. ``(3) Public health science.--The reports, calls to action, and other communications issued under paragraphs (1) and (2) shall be based on the Surgeon General's professional judgment regarding the best available public health science. ``(4) Role of the secretary.--The Secretary shall have exclusive authority to disapprove the issuance of a report, call to action, or other communication proposed by the Surgeon General. If the Secretary disapproves the issuance of a report, call to action, or other communication proposed by the Surgeon General, the Secretary shall, within 10 days of disapproval, submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a full explanation of the reasons for such disapproval.''. (b) Conforming Amendment.--Section 201 of the Public Health Service Act (42 U.S.C. 202) is amended by striking ``The Public Health Service'' and inserting ``Subject to section 204(c), the Public Health Service''.

Surgeon General Independence Act - Amends the Public Health Service Act to add as requirements for appointment as Surgeon General that an individual be: (1) a licensed physician; and (2) nominated by the Secretary of Health and Human Services. Requires the Regular Corps to submit to the Secretary and the President a list of six qualified nominees to fill any vacancy in the Surgeon General position. Prohibits an individual from serving more than three full terms as Surgeon General. Allows the President to remove a Surgeon General during a term only for cause. Requires the Secretary to provide a written explanation of such a removal to the relevant congressional committees. Directs the Surgeon General, under the supervision and direction of the Secretary, to administer the Office of the Surgeon General, the Regular Corps, and the Reserve Corps. Requires the Surgeon General to submit to the President an annual budget estimate for the Office of the Surgeon General, after reasonable opportunity for comment (but without change) by the Secretary. Gives the Surgeon General authority to hire and terminate employees of and consultants to the Office of the Surgeon General without obtaining approval or clearance. Directs the Surgeon General to: (1) issue reports, calls to action, and other communications on matters of importance to the health of the American people; and (2) submit to Congress and make publicly available an annual report on the state of the nation's health. Gives the Secretary the exclusive authority to disapprove the issuance of a report, call to action, or other communication proposed by the Surgeon General.

To amend the Public Health Service Act to ensure the independence of the Surgeon General from political interference.

SECTION 1. AUTOMATIC LAND BANK PROTECTION. (a) Lands Received in Exchange From Certain Federal Agencies.--The matter preceding clause (i) of section 907(d)(1)(A) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)(1)(A)) is amended by inserting ``or conveyed to a Native Corporation pursuant to an exchange authorized by section 22(f) of Alaska Native Claims Settlement Act or section 1302(h) of this Act or other applicable law'' after ``Settlement Trust''. (b) Lands Exchanged Among Native Corporations.--Section 907(d)(2)(B) of such Act (43 U.S.C. 1636(d)(2)) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``; and'', and by adding at the end the following: ``(iv) lands or interest in lands shall not be considered developed or leased or sold to a third party as a result of an exchange or conveyance of such land or interest in land between or among Native Corporations and trusts, partnerships, corporations, or joint ventures, whose beneficiaries, partners, shareholders, or joint venturers are Native Corporations.''. (c) Actions by Trustee Serving Pursuant to Agreement of Native Corporations.--Section 907(d)(3)(B) of such Act (43 U.S.C. 1636(d)(3)(B)) is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``; or'', and by adding at the end the following: ``(iii) to actions by any trustee whose right, title, or interest in land or interests in land arises pursuant to an agreement between or among Native Corporations and trusts, partnerships, or joint ventures whose beneficiaries, partners, shareholders, or joint venturers are Native Corporations.''. SEC. 2. RETAINED MINERAL ESTATE. Section 12(c)(4) of the Alaska Native Claims Settlement Act (43 U.S.C. 1611(c)(4)) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (B) the following new subparagraphs: ``(C) Where such public lands are surrounded by or contiguous to subsurface lands obtained by a Regional Corporation under subsections (a) or (b), the Corporation may, upon request, have such public land conveyed to it. ``(D)(i) A Regional Corporation which elects to obtain public lands under subparagraph (C) shall be limited to a total of not more than 12,000 acres. Selection by a Regional Corporation of in lieu surface acres under subparagraph (E) pursuant to an election under subparagraph (C) shall not be made from any lands within a conservation system unit (as that term is defined by section 102(4) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102(4)). ``(ii) An election to obtain the public lands described in subparagraph (A), (B), or (C) shall include all available parcels within the township in which the public lands are located. ``(iii) For purposes of this subparagraph and subparagraph (C), the term `Regional Corporation' shall refer only to Doyon, Limited.''; and (2) in subparagraph (E) (as so redesignated), by striking ``(A) or (B)'' and inserting ``(A), (B), or (C)''. SEC. 3. PROPOSED AMENDMENT TO PUBLIC LAW 102-415. Section 20 of the Alaska Land Status Technical Corrections Act of 1992 (106 Stat. 2129) is amended by adding at the end the following new subsection: ``(h) Establishment of the account under subsection (b) and conveyance of land under subsection (c), if any, shall be treated as though 3,520 acres of land had been conveyed to Gold Creek under section 14(h)(2) of the Alaska Native Claims Settlement Act for which rights to in-lieu subsurface estate are hereby provided to CIRI. Within 1 year from the date of enactment of this subsection, CIRI shall select 3,520 acres of land from the area designated for in-lieu selection by paragraph I.B.(2)(b) of the document identified in section 12(b) of the Act of January 2, 1976 (43 U.S.C. 1611 note).''. SEC. 4. CALISTA CORPORATION LAND EXCHANGE. (a) Congressional Findings.--Congress finds and declares that-- (1) the land exchange authorized by section 8126 of Public Law 102-172 should be implemented without further delay; (2) lands and interests in lands in the exchange are within the boundaries of the Yukon Delta National Wildlife Refuge established by the Alaska National Interest Lands Conservation Act (ANILCA) and include wetlands, grasslands, marshes, and riverine and upland fish and wildlife habitat lands, which represent the premier habitat area for waterfowl and other birds in the Pacific and other flyways-- (A) for nesting, breeding, and staging grounds for countless thousands of migratory waterfowl, including species such as Spectacled Eider, Tundra Swan, White- fronted Goose, many song birds and neotropical migrants, Harlequin Duck, Canvasbacked Duck, Snow Goose, several species of diving and dabbling ducks, Cackling and other subspecies of Canada Geese, and Emperor Goose; and (B) as habitat for other wildlife and fish such as wolf, brown and black bear, moose, caribou, otter, fox, mink, musk ox, salmon, grayling, sheefish, rainbow trout, blackfish, pike, and dolly varden, the acquisition of which lands and interests in lands would further the purposes for which the refuge was established by ANILCA; (3) the Yukon-Kuskokwim Delta Region is burdened by some of the most serious and distressing economic, social, and health conditions existing anywhere in the United States, including high incidence of infant mortality, teenage suicide, hepatitis, alcoholism, meningitis, tuberculosis, and unemployment (60 to 90 percent); (4) the Calista Corporation, the Native Regional Corporation organized under the authority of the Alaska Native Claims Settlement Act (ANCSA) for the Yupik Eskimos of Southwestern Alaska, which includes the entire Yukon Delta National Wildlife Refuge-- (A) has responsibilities provided for by the Settlement Act to help address social, cultural, economic, health, subsistence, and related issues within the Region and among its villages, including the viability of the villages themselves, many of which are remote and isolated; and (B) has been unable to fully carry out such responsibilities, and the implementation of this exchange is essential to helping Calista utilize its assets to carry out those responsibilities to realize the benefits of ANCSA; (5) the parties to the exchange have been unable to reach agreement on the valuation of the lands and interests in lands to be conveyed to the United States under section 8126 of Public Law 102-171; and (6) in light of the foregoing, it is appropriate and necessary in this unique situation that Congress authorize and direct the implementation of this exchange as set forth in this section in furtherance of the purposes and underlying goals of the Alaska Native Claims Settlement Act and the Alaska National Interest Lands Conservation Act. (b) Land Exchange Implementation.--Section 8126(a) of Public Law 102-172 (105 Stat. 1206) is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by striking ``October 1, 1996'' and inserting ``October 1, 2002''; (3) by inserting after ``October 28, 1991'' the following: ``(hereinafter referred to as `CCRD') and in the document entitled, `The Calista Conveyance and Relinquishment Document Addendum', dated September 15, 1996 (hereinafter referred to as `CCRD Addendum')''; (4) by striking ``The value'' and all that follows through ``Provided, That the'' and inserting in lieu thereof the following: ``(2) Unless prior to December 31, 1996, the parties mutually agree on a value of the lands and interests in lands to be exchanged as contained in the CCRD and the CCRD Addendum, the aggregate values of such lands and interests in lands shall be established as of January 1, 1997, as provided in paragraph (6) of the CCRD Addendum. The''; (5) in the last sentence, by inserting a period after ``1642'' and striking all that follows in that sentence; and (6) by adding at the end the following new paragraph: ``(3) The amount credited to the property account is not subject to adjustment for minor changes in acreage resulting from preparation or correction of the land descriptions in the CCRD or CCRD Addendum or the exclusion of any small tracts of land as a result of hazardous materials surveys.''. (c) Extension of Restriction on Certain Property Transfers.-- Section 8126(b) of Public Law 102-172 (105 Stat. 1206) is amended by striking ``October 1, 1996'' and inserting ``October 1, 2002''. (d) Exchange Administration.--Section 8126(c) of Public Law 102-172 (105 Stat. 1207) is amended-- (1) by inserting ``(1)'' after ``(c)''; (2) by striking the sentence beginning ``On October 1, 1996,'' and inserting in lieu thereof the following: ``To the extent such lands and interests have not been exchanged with the United States, on January 1, 1997, the Secretary of the Treasury shall establish a property account on behalf of Calista Corporation. If the parties have mutually agreed to a value as provided in subsection (a)(2), the Secretary of the Treasury shall credit the account accordingly. In the absence of such an agreement the Secretary of the Treasury shall credit the account with an amount equal to 66 percent of the total amount determined by paragraph (6) of the CCRD Addendum. The account shall be available for use as provided in subsection (c)(3), as follows: ``(A) On January 1, 1997, an amount equal to one-half the amount credited pursuant to this paragraph shall be available for use as provided. ``(B) On October 1, 1997, the remaining one-half of the amount credited pursuant to this paragraph shall be available for use as provided. ``(2) On October 1, 2002, to the extent any portion of the lands and interests in lands have not been exchanged pursuant to subsection (a) or conveyed or relinquished to the United States pursuant to paragraph (1), the account established by paragraph (1) shall be credited with an amount equal to any remainder of the value determined pursuant to paragraph (1).''; (3) by inserting ``(3)'' before ``Subject to''; (4) by striking ``on or after October 1, 1996,'' and by inserting after ``subsection (a) of this section,'' the following: ``upon conveyance or relinquishment of equivalent portions of the lands referenced in the CCRD and the CCRD Addendum,''; and (5) by adding at the end the following new paragraphs: ``(4) Notwithstanding any other provision of law, Calista Corporation or the village corporations identified in the CCRD Addendum may assign, without restriction, any or all of the account upon written notification to the Secretary of the Treasury and the Secretary of the Interior. ``(5) Calista will provide to the Bureau of Land Management, Alaska State Office, appropriate documentation, including maps of the parcels to be exchanged to enable that office to perform the accounting required by paragraph (1) and to forward such information, if requested by Calista, to the Secretary of the Treasury as authorized by such paragraph. Minor boundary adjustments shall be made between Calista and the Department to reflect the acreage figures reflected in the CCRD and the CCRD Addendum. ``(6) For the purpose of the determination of the applicability of section 7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(i)) to revenues generated pursuant to this section, such revenues shall be calculated in accordance with paragraph (4) of the CCRD Addendum.''. SEC. 5. MINING CLAIMS. Paragraph (3) of section 22(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(c)) is amended-- (1) by striking out ``regional corporation'' each place it appears and inserting in lieu thereof ``Regional Corporation''; and (2) by adding at the end the following: ``The provisions of this section shall apply to Haida Corporation and the Haida Traditional Use Sites, which shall be treated as a Regional Corporation for the purposes of this paragraph, except that any revenues remitted to Haida Corporation under this section shall not be subject to distribution pursuant to section 7(i) of this Act.''. SEC. 6. SALE, DISPOSITION, OR OTHER USE OF COMMON VARIETIES OF SAND, GRAVEL, STONE, PUMICE, PEAT, CLAY, OR CINDER RESOURCES. Subsection (i) of section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(i)) is amended-- (1) by striking ``Seventy per centum'' and inserting ``(A) Except as provided by subparagraph (B), seventy percent''; and (2) by adding at the end the following: ``(B) In the case of the sale, disposition, or other use of common varieties of sand, gravel, stone, pumice, peat, clay, or cinder resources made after the date of enactment of this subparagraph, the revenues received by a Regional Corporation shall not be subject to division under subparagraph (A). Nothing in this subparagraph is intended to or shall be construed to alter the ownership of such sand, gravel, stone, pumice, peat, clay, or cinder resources.''. SEC. 7. ALASKA NATIVE ALLOTMENT APPLICATIONS. Section 905(a) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1634(a)) is amended by adding at the end the following: ``(7) Paragraph (1) of this subsection and section (d) shall apply, and paragraph (5) of this subsection shall cease to apply, to an application-- ``(A) that is open and pending on the date of enactment of this paragraph, ``(B) if the lands described in the application are in Federal ownership, and ``(C) if all protests which were filed by the State of Alaska pursuant to paragraph (5)(B) with respect to the application have been withdrawn and not reasserted or are dismissed.''. SEC. 8. VISITOR SERVICES. Paragraph (1) of section 1307(b) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3197(b)) is amended-- (1) by striking ``Native Corporation'' and inserting ``Native Corporations''; and (2) by striking ``is most directly affected'' and inserting ``are most directly affected''. SEC. 9. REPORT. Within nine months after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress a report which includes the following: (1) Local hire.--(A) The report shall-- (i) indicate the actions taken in carrying out subsection (b) of section 1308 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3198); and (ii) also address the recruitment processes that may restrict employees hired under subsection (a) of such section from successfully obtaining positions in the competitive service. (B) The Secretary of Agriculture shall cooperate with the Secretary of the Interior in carrying out this paragraph with respect to the Forest Service. (2) Local contracts.--The report shall describe the actions of the Secretary of the Interior in contracting with Alaska Native Corporations to provide services with respect to public lands in Alaska. Passed the House of Representatives September 26, 1996. Attest: ROBIN H. CARLE, Clerk.

Amends the Alaska National Interest Lands Conservation Act (ANILCA) to include lands conveyed to a Native Corporation pursuant to an exchange authorized under the Alaska Native Claims Settlement Act (ANCSA) or other applicable law among lands that are exempt, as long as such lands are not developed, leased, or sold to third parties, from adverse possession claims, real property taxes, specified judgments, and involuntary distributions or conveyances related to the involuntary dissolution of a Native Corporation or Settlement Trust. Specifies that lands shall not be considered developed, leased, or sold to a third party as a result of an exchange or conveyance between or among Native Corporations and trusts, partnerships, corporations, or joint ventures (trusts) whose beneficiaries, partners, shareholders, or joint venturers (beneficiaries) are Native Corporations. Makes certain prohibitions regarding actions by a trustee inapplicable to actions by any trustee whose right, title, or interest in land arises pursuant to an agreement between or among Native Corporations and trusts whose beneficiaries are Native Corporations. (Sec. 2) Amends ANCSA to authorize a Native Regional Corporation, upon request, to obtain the retained mineral estate of the Native Allotments that are totally surrounded by ANCSA land selections. Limits a Regional Corporation to a total of not more than 12,000 acres. (Sec. 3) Amends the Alaska Land Status Technical Corrections Act of 1992 to treat the establishment of the Gold Creek account and conveyance of land, if any, as though 3,520 acres of land had been conveyed to Gold Creek Susitna Association, Incorporated, under ANCSA for which rights to in-lieu subsurface estate are provided to CIRI (Cook Inlet Region Incorporated). Requires, within one year from enactment, that CIRI select 3,520 acres of land from the area designated for in-lieu selection by a specified document. (Sec. 4) Amends the Department of Defense Appropriations Act, 1992 with respect to the implementation, valuation, and administration of the Calista Corporation land exchanges. Extends the restriction on certain property transfers. (Sec. 5) Amends ANCSA to include the Haida Corporation and the Haida Traditional Use Sites with respect to transferring the administration of mining claims on Regional Corporation lands and not subjecting any revenues remitted to Haida Corporation to distribution under such Act. (Sec. 6) Amends ANCSA to exempt revenues received by a Regional Corporation from the sale of sand, gravel, stone, pumice, peat, clay, or cinder resources from the revenue sharing requirements otherwise applicable to revenues received for timber resource and subsurface estate sales. (Sec. 7) Amends ANILCA to: (1) provide for the approval of certain protested Alaska Native allotment applications; and (2) require the Secretary, in selecting individuals to provide certain visitor services, to give preference to the Native Corporations (currently, the Native Corporation) most directly affected by the establishment or expansion of any conservation system unit by or under the provisions of such Act. (Sec. 9) Requires a report to the Congress concerning local hires under ANILCA and their inability to obtain competitive service positions.

To amend the Alaska Native Claims Settlement Act to make certain clarifications to the land bank protection provisions, and for other purposes.

SECTION 1. ACCOUNTABILITY FOR BROADBAND STIMULUS FUNDS. (a) In General.--Notwithstanding any other provision of law, the Administrator of the Rural Utilities Service or the Assistant Secretary of Commerce for Communications and Information shall take prompt and appropriate action to terminate for cause any award made under the Broadband Initiatives Program or the Broadband Technology Opportunities Program, respectively, established pursuant to the American Recovery and Reinvestment Act of 2009, if the Administrator or Assistant Secretary determines that cause exists to terminate the award. Such cause may include an insufficient level of performance, wasteful spending, or fraudulent spending. (b) Deobligation and Return of Funds to Treasury.-- (1) Deobligation.--Upon terminating an award under subsection (a), the Administrator or the Assistant Secretary shall immediately deobligate an amount equivalent to such award, as recoverable, less allowable costs. (2) Return to treasury.--Not later than 30 days after deobligating an amount under paragraph (1), the Administrator or the Assistant Secretary shall, without exception, return such amount to the general fund of the Treasury of the United States. (3) No expenditures during termination process.--The Administrator or the Assistant Secretary shall promptly pursue available corrective measures to ensure that funds received through an award terminated under subsection (a) are not expended during the termination process. (4) Accounting by award recipient.--The Administrator or the Assistant Secretary shall direct the recipient of an award terminated under subsection (a) to provide to the Administrator or the Assistant Secretary a complete and accurate accounting, which may include an independent accounting, for any award funds that, as of the date of termination, the recipient has received but has not expended on allowable costs. SEC. 2. DISPOSITION OF UNUSED FUNDS. The Administrator of the Rural Utilities Service or the Assistant Secretary of Commerce for Communications and Information shall return to the general fund of the Treasury of the United States an amount equivalent to any award, as recoverable, less allowable costs, made under the Broadband Initiatives Program or the Broadband Technology Opportunities Program, respectively, established pursuant to the American Recovery and Reinvestment Act of 2009, if such award has been returned to the Administrator or Assistant Secretary or disclaimed by the award recipient at any time after the date of enactment of such Act. SEC. 3. OVERSIGHT AND REPORTING REQUIREMENTS. (a) Action on Information From OIG or GAO.--If the Administrator of the Rural Utilities Service or the Assistant Secretary of Commerce for Communications and Information receives information from an official described in subsection (b) with respect to an award made under the Broadband Initiatives Program or the Broadband Technology Opportunities Program, respectively, established pursuant to the American Recovery and Reinvestment Act of 2009, and such information pertains to material noncompliance with the award terms or provisions or improper usage of award funds, the Administrator or the Assistant Secretary shall-- (1) immediately review such information; and (2) not later than 30 days after receiving such information, determine whether cause exists to terminate such award under section 1(a). (b) Officials Described.--The officials described in this subsection are the following: (1) With respect to the Broadband Initiatives Program, the Inspector General of the Department of Agriculture. (2) With respect to the Broadband Technology Opportunities Program, the Inspector General of the Department of Commerce. (3) The Comptroller General of the United States. (c) Congressional Notification.-- (1) In general.--Not later than 3 days after making a determination described in subsection (a)(2), the Administrator or the Assistant Secretary shall provide a notification of such determination to-- (A) the Committee on Agriculture of the House of Representatives and the Committee on Agriculture of the Senate or the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, respectively; and (B) the official who provided the information described in subsection (a). (2) Contents of notification.--The notification required by paragraph (1) shall include an explanation of-- (A) the determination described in subsection (a)(2); and (B) any action taken as a result of the determination or why no action was necessary. SEC. 4. CONFORMING AMENDMENTS. Section 6001(i)(4) of the American Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305(i)(4)) is amended-- (1) by striking ``may'' and inserting ``shall''; and (2) by striking ``, and award these funds competitively to new or existing applicants consistent with this section''. SEC. 5. AWARD DEFINED. In this Act, the term ``award'' includes grants and loans.

Requires the Administrator of the Rural Utilities Service or the Assistant Secretary of Commerce for Communications and Information to terminate for cause any award (including grants and loans) made under the Broadband Initiatives Program or the Broadband Technology Opportunities Program, respectively, established pursuant to the American Recovery and Reinvestment Act of 2009, if the Administrator or Assistant Secretary determines that cause exists (including insufficient level of performance, wasteful spending, or fraudulent spending) to terminate the award. Directs the Administrator or the Assistant Secretary to: (1) deobligate, upon terminating such an award, an amount equivalent to such award, as recoverable, less allowable costs; and (2) return to the Treasury's general fund such deobligated amounts and any award returned or disclaimed by a recipient after enactment of this Act.

A bill to return unused or reclaimed funds made available for broadband awards in the American Recovery and Reinvestment Act of 2009 to the Treasury of the United States.

SECTION 1. FINDINGS. Congress finds the following: (1) The National Environmental Research Parks are unique outdoor laboratories that provide opportunities for environmental studies on protected lands around Department of Energy facilities. (2) In 1972, the Atomic Energy Commission established its first official environmental research park at the Savannah River site in South Carolina. (3) In 1976, the Department of Energy defined the mission for the research parks in accordance with the recommendations of the multiagency review team for environmental research activities at the Savannah River site. (4) The mission of the research parks is to-- (A) conduct research and education activities to assess and document environmental effects associated with energy and weapons use; (B) explore methods for eliminating or minimizing adverse effects of energy development and nuclear materials on the environment; (C) train people in ecological and environmental sciences; and (D) educate the public. (5) The National Environmental Research Parks are located within six major ecological regions of the United States, covering more than half of the Nation. (6) The parks are especially valuable research sites because within their borders they provide secure settings for scientists to conduct long-term research on a broad range of subjects including-- (A) plant succession; (B) biomass production; (C) population ecology; (D) radioecology; (E) ecological restoration; and (F) thermal effects on freshwater ecosystems. (7) The parks maintain several long-term data sets that are available nowhere else in the United States or in the world on amphibian populations, bird populations, and soil moisture and plant water stress. These data sets are uniquely valuable for the detection of long-term shifts in climate. (8) The maintenance of these parks by the Department of Energy is consistent with statutory obligations to promote sound environmental stewardship of Federal lands and to safeguard sites containing cultural and archeological resources. (9) Public education and outreach activities carried out on these sites provide unique learning opportunities, promote a stronger connection between these Federal facilities and the surrounding communities, and enhance public confidence that the Department of Energy is fulfilling its environmental stewardship responsibilities. SEC. 2. NATIONAL ENVIRONMENTAL RESEARCH PARKS. (a) Designation.--The Secretary of Energy shall designate the six National Environmental Research Parks located on Department of Energy sites as protected outdoor research reserves for the purposes of conducting long-term environmental research on the impacts of human activities on the natural environment. The six National Environmental Research Parks shall include-- (1) the Savannah River National Environmental Research Park; (2) the Idaho National Environmental Research Park; (3) the Los Alamos National Environmental Research Park; (4) the Fermi Lab National Environmental Research Park; (5) the Oak Ridge National Environmental Research Park; and (6) the Nevada National Environmental Research Park. (b) Purposes.--Each site shall support-- (1) environmental research and monitoring activities to characterize and monitor present and future site conditions, and serve as control areas for comparison with environmental impacts of Department of Energy land management, energy technology development, remediation, and other site activities outside the National Environmental Research Park areas. Areas of research and monitoring on the sites may include-- (A) ecology of the site and the region; (B) population biology and ecology; (C) radioecology; (D) effects of climate variability and change on ecosystems; (E) ecosystem science; (F) pollution fate and transport research; (G) surface and groundwater modeling; and (H) environmental impacts of development and use of energy generation technologies, including renewable energy technologies; and (2) public education and outreach activities consistent with subsection (d). (c) Cooperative Agreement.--To ensure the independence of the research, monitoring, public education, and outreach activities conducted on each site, the Secretary shall enter into a cooperative agreement with a university, community college, or consortium of institutions of higher education with expertise in ecology and environmental science of the region in which the National Environmental Research Park is located. (d) Environmental Education and Outreach.--Each site shall support an outreach program to inform the public of the diverse ecological activities conducted at the park and to educate students at various levels in environmental science. Program activities may include-- (1) on-site and in-classroom education programs for elementary and secondary students; (2) presentations to school, civic, and professional groups; (3) exhibits at local and regional events; (4) development of educational projects and materials for students at all levels; (5) undergraduate and community college internships and graduate research opportunities; and (6) regularly scheduled public tours. (e) Coordination.--The Secretary of Energy shall designate a National Environmental Research Park Coordinator within the Department of Energy Office of Science. The Coordinator shall-- (1) coordinate research activities among the National Environmental Research Parks as appropriate; (2) ensure that information on best practices for research, education, and outreach activities is shared among the sites; and (3) serve as liaison to other Federal agencies to facilitate collaborative work at the Parks. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy, acting through the Director of the Office of Science, for carrying out this section $30,000,000, including $5,000,000 for each National Environmental Research Park, for each of the fiscal years 2010 through 2014. SEC. 3. SAVINGS. Nothing in this Act shall be construed to limit the activities that the Federal Government may carry out or authorize on a site on which a National Environmental Research Park is located. SEC. 4. SUMMER INSTITUTES PROGRAM. The National Environmental Research Parks may be utilized to provide educational opportunities through the Summer Institutes program authorized in section 3185 of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381n). Passed the House of Representatives July 21, 2009. Attest: LORRAINE C. MILLER, Clerk.

Requires the Department of Energy (DOE) to designate as protected outdoor research reserves for the purpose of conducting long-term environmental research on the impacts of human activities on the natural environment: (1) Savannah River National Environmental Research Park; (2) Idaho National Environmental Research Park; (3) Los Alamos National Environmental Research Park; (4) Fermi Lab National Environmental Research Park; (5) Oak Ridge National Environmental Research Park; and (6) Nevada National Environmental Research Park. Requires each site to support environmental research and monitoring activities to characterize and monitor site conditions and serve as control areas for comparison with environmental impacts of DOE land management, energy technology development, remediation, and other site activities outside the Park areas. Authorizes areas of research and monitoring on the sites to include: (1) ecology of the site and the region; (2) population biology and ecology; (3) radioecology; (4) effects of climate variability and change on ecosystems; (5) ecosystem science; (6) pollution fate and transport research; (7) surface and groundwater modeling; (8) student training; and (9) environmental impacts of development and use of energy generation technologies, including renewable energy technologies. Requires DOE to enter into a cooperative agreement with a university, community college, or consortium of institutions of higher education with expertise in ecology and environmental science of the region in which the Park is located to ensure the independence of the research, monitoring, public education, and outreach activities. Requires each site to support an outreach program to inform the public of the diverse ecological activities conducted and to educate students at various levels in environmental science. Requires DOE to designate a National Environmental Research Park Coordinator within the Department of Energy Office of Science to: (1) coordinate research activities among the Parks; (2) ensure that information on best practices for research, education, and outreach activities is shared among the sites; and (3) serve as liaison to other federal agencies to facilitate collaborative work at the Parks. Authorizes appropriations for FY2010-FY2014. Authorizes the Parks to be utilized to provide educational opportunities through the Summer Institutes program authorized in the Department of Energy Science Education Enhancement Act.

To authorize the designation of National Environmental Research Parks by the Secretary of Energy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Agricultural Disaster Assistance Act of 2004''. TITLE I--PROVISION OF ASSISTANCE SEC. 101. CROP DISASTER ASSISTANCE. (a) In General.--Notwithstanding section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture (referred to in this title as the ``Secretary'') shall use such sums as are necessary of funds of the Commodity Credit Corporation to make crop disaster assistance authorized under this section available to producers on a farm that have incurred qualifying crop losses for the 2003 or 2004 crop, or both, due to damaging weather or related condition, as determined by the Secretary. (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. SEC. 102. LIVESTOCK ASSISTANCE PROGRAM. (a) In General.--The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make and administer payments for livestock losses to producers for 2003 and 2004 losses in a county that has received an emergency designation by the President or the Secretary after January 1, 2003, and January 1, 2004, respectively, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 105-277; 114 Stat. 1549A-51). SEC. 103. COMMODITY CREDIT CORPORATION. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title. SEC. 104. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this title. (b) Procedure.--The promulgation of the regulations and administration of this title shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. TITLE II--TAX RELIEF SEC. 201. SPECIAL RULES FOR LIVESTOCK SOLD ON ACCOUNT OF WEATHER- RELATED CONDITIONS. (a) Replacement of Livestock With Other Farm Property.--Subsection (f) of section 1033 of the Internal Revenue Code of 1986 (relating to involuntary conversions) is amended-- (1) by inserting ``drought, flood, or other weather-related conditions, or'' after ``because of'', (2) by inserting ``in the case of soil contamination or other environmental contamination'' after ``including real property'', and (3) by striking ``Where There Has Been Environmental Contamination'' in the heading and inserting ``in Certain Cases''. (b) Extension of Replacement Period of Involuntarily Converted Livestock.--Subsection (e) of section 1033 of the Internal Revenue Code of 1986 (relating to involuntary conversions) is amended-- (1) by striking ``Conditions.--For purposes'' and inserting ``Conditions.-- ``(1) In general.--For purposes'', and (2) by adding at the end the following new paragraph: ``(2) Extension of replacement period.-- ``(A) In general.--In the case of drought, flood, or other weather-related conditions described in paragraph (1) which result in the area being designated as eligible for assistance by the Federal Government, subsection (a)(2)(B) shall be applied with respect to any converted property by substituting `4 years' for `2 years'. ``(B) Further extension by secretary.--The Secretary may extend on a regional basis the period for replacement under this section (after the application of subparagraph (A)) for such additional time as the Secretary determines appropriate if the weather-related conditions which resulted in such application continue for more than 3 years.''. (c) Income Inclusion Rules.--Section 451(e) of the Internal Revenue Code of 1986 (relating to special rule for proceeds from livestock sold on account of drought, flood, or other weather-related conditions) is amended by adding at the end the following new paragraph: ``(3) Special election rules.--If section 1033(e)(2) applies to a sale or exchange of livestock described in paragraph (1), the election under paragraph (1) shall be deemed valid if made during the replacement period described in such section.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 202. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS. (a) In General.--Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to taxable year for which deductions taken) is amended by inserting after section 468B the following new section: ``SEC. 468C. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible farming business or commercial fishing, there shall be allowed as a deduction for any taxable year the amount paid in cash by the taxpayer during the taxable year to a Farm, Fishing, and Ranch Risk Management Account (hereinafter referred to as the `FFARRM Account'). ``(b) Limitations.-- ``(1) Contributions.--The amount which a taxpayer may pay into the FFARRM Account for any taxable year shall not exceed 20 percent of so much of the taxable income of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any eligible farming business or commercial fishing. ``(2) Distributions.--Distributions from a FFARRM Account may not be used to purchase, lease, or finance any new fishing vessel, add capacity to any fishery, or otherwise contribute to the overcapitalization of any fishery. The Secretary of Commerce shall implement regulations to enforce this paragraph. ``(c) Eligible Businesses.--For purposes of this section-- ``(1) Eligible farming business.--The term `eligible farming business' means any farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(2) Commercial fishing.--The term `commercial fishing' has the meaning given such term by section (3) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) but only if such fishing is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(d) FFARRM Account.--For purposes of this section-- ``(1) In general.--The term `FFARRM Account' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(D) All income of the trust is distributed currently to the grantor. ``(E) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Account taxed as grantor trust.--The grantor of a FFARRM Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter (relating to grantors and others treated as substantial owners). ``(e) Inclusion of Amounts Distributed.-- ``(1) In general.--Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from a FFARRM Account of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 5 years), ``(ii) subsection (f)(2) (relating to cessation in eligible farming business), and ``(iii) subparagraph (B) or (C) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Paragraph (1)(A) shall not apply to-- ``(A) any distribution to the extent attributable to income of the Account, and ``(B) the distribution of any contribution paid during a taxable year to a FFARRM Account to the extent that such contribution exceeds the limitation applicable under subsection (b)(1) if requirements similar to the requirements of section 408(d)(4) are met. For purposes of subparagraph (A), distributions shall be treated as first attributable to income and then to other amounts. ``(f) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 5 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any FFARRM Account-- ``(i) there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date (including extensions) for filing the return of tax imposed by this chapter for such year (or, if earlier, the date the taxpayer files such return for such year). ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 4th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from a FFARRM Account (other than distributions of current income) shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. ``(2) Cessation in eligible business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible farming business or commercial fishing, there shall be deemed distributed from the FFARRM Account of the taxpayer an amount equal to the balance in such Account (if any) at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 2 consecutive taxable years for which the taxpayer is not engaged in an eligible farming business or commercial fishing. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 220(f)(8) (relating to treatment after death of account holder). ``(B) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(C) Section 408(e)(4) (relating to effect of pledging account as security). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a FFARRM Account on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date (without regard to extensions) for filing the return of tax for such taxable year. ``(5) Individual.--For purposes of this section, the term `individual' shall not include an estate or trust. ``(6) Deduction not allowed for self-employment tax.--The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. ``(g) Reports.--The trustee of a FFARRM Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by such regulations.''. (b) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 of the Internal Revenue Code of 1986 (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by striking ``or'' at the end of paragraph (4), by adding ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: ``(6) a FFARRM Account (within the meaning of section 468C(d)),''. (2) Section 4973 of such Code is amended by adding at the end the following new subsection: ``(h) Excess Contributions to FFARRM Accounts.--For purposes of this section, in the case of a FFARRM Account (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b)(1) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the FFARRM Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.''. (c) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 of the Internal Revenue Code of 1986 (relating to tax on prohibited transactions) is amended by adding at the end the following new paragraph: ``(7) Special rule for ffarrm accounts.--A person for whose benefit a FFARRM Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a FFARRM Account by reason of the application of section 468C(f)(3)(A) to such account.''. (2) Paragraph (1) of section 4975(e) of such Code is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) a FFARRM Account described in section 468C(d),''. (d) Failure To Provide Reports on FFARRM Accounts.--Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986 (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 468C(g) (relating to FFARRM Accounts),''. (e) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 468B the following new item: ``Sec. 468C. Farm, Fishing and Ranch Risk Management Accounts.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Emergency Agricultural Disaster Assistance Act of 2004 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers who have incurred qualifying 2003 and/or 2004 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2003 and/or 2004 losses in an emergency-designated county, with set-asides for the American Indian livestock program. Amends the Internal Revenue Code with respect to involuntary conversion rules to: (1) permit the replacement of livestock with other farm property in the case of drought, flood, or other weather-related conditions (such provision currently applies only to cases of soil or other environmental contamination); and (2) extend the replacement period for livestock sold on account of weather related conditions. Allows an individual engaged in an eligible farming or commercial fishing business a deduction for any taxable year of up to 20 percent of taxable income attributable to the eligible farming or commercial fishing business paid in cash by the taxpayer to a Farm and Ranch Risk Management Account (FFARRM Account). Includes non-exempt FFARRM distributions in the taxpayer's gross income, and subjects to a special ten percent surtax distributions not made within five years of contribution. Prohibits FFARRM distributions from being used to overcapitalize any fishery. Establishes a tax on excess contributions, but exempts the taxpayer from the tax on certain prohibited transactions.

A bill to provide emergency disaster assistance to agricultural producers, and for other purposes.

SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF POLYESTER FLEECE SHEET SETS. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, U.S. Customs and Border Protection shall, not later than 90 days after receiving a request described in subsection (b), liquidate or reliquidate each entry specified in subsection (d) at a rate of duty of 1.9 cents per kilogram plus 1.5 percent ad valorem. (b) Requests.--Any person seeking a liquidation or reliquidation pursuant to subsection (a) with respect to an entry shall file a proper request with U.S. Customs and Border Protection not later than the date that is 90 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (1) to locate the entry; or (2) to reconstruct the entry if it cannot be located. (c) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry pursuant to subsection (a) (including interest from the date of entry) shall be paid by U.S. Customs and Border Protection not later than 90 days after the date of the liquidation or reliquidation. (d) Affected Entries.--The entries specified in this subsection are the following: ---------------------------------------------------------------------------------------------------------------- Entry Number Date of Entry ---------------------------------------------------------------------------------------------------------------- E6K 0100046-2 01/29/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100046-2 01/29/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100046-2 01/29/2009 ---------------------------------------------------------------------------------------------------------------- 595 4542745-8 02/16/2009 ---------------------------------------------------------------------------------------------------------------- 595 4542745-8 02/16/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100054-6 02/25/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100054-6 02/25/2009 ---------------------------------------------------------------------------------------------------------------- 595 4553647-2 03/29/2009 ---------------------------------------------------------------------------------------------------------------- 595 4566184-1 05/04/2009 ---------------------------------------------------------------------------------------------------------------- 595 4566184-1 05/04/2009 ---------------------------------------------------------------------------------------------------------------- 595 4585908-0 07/11/2009 ---------------------------------------------------------------------------------------------------------------- 595 4585908-0 07/11/2009 ---------------------------------------------------------------------------------------------------------------- 595 4588629-9 07/15/2009 ---------------------------------------------------------------------------------------------------------------- 595 4586741-4 07/16/2009 ---------------------------------------------------------------------------------------------------------------- 595 4586741-4 07/16/2009 ---------------------------------------------------------------------------------------------------------------- 595 4590977-8 07/26/2009 ---------------------------------------------------------------------------------------------------------------- 595 4595041-8 08/08/2009 ---------------------------------------------------------------------------------------------------------------- 595 4604765-1 09/01/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100160-1 09/03/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100160-1 09/03/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100160-1 09/03/2009 ---------------------------------------------------------------------------------------------------------------- 595 4603649-8 09/03/2009 ---------------------------------------------------------------------------------------------------------------- 595 4603649-8 09/03/2009 ---------------------------------------------------------------------------------------------------------------- 595 4606523-2 09/04/2009 ---------------------------------------------------------------------------------------------------------------- 595 4607800-3 09/08/2009 ---------------------------------------------------------------------------------------------------------------- 595 4609593-2 09/12/2009 ---------------------------------------------------------------------------------------------------------------- 595 4609593-2 09/12/2009 ---------------------------------------------------------------------------------------------------------------- 595 4612439-3 09/26/2009 ---------------------------------------------------------------------------------------------------------------- 595 4612439-3 09/26/2009 ---------------------------------------------------------------------------------------------------------------- 595 4614597-6 09/29/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100182-5 10/05/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100182-5 10/05/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100182-5 10/05/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100191-6 10/19/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100191-6 10/19/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100191-6 10/19/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100197-3 10/26/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100197-3 10/26/2009 ---------------------------------------------------------------------------------------------------------------- E6K 0100197-3 10/26/2009 ---------------------------------------------------------------------------------------------------------------- 595 4623019-0 10/27/2009 ----------------------------------------------------------------------------------------------------------------

Directs the U.S. Customs and Border Protection (CBP) to provide for the reliquidation (refund of duties) of certain entries of polyester fleece sheet sets.

A bill to provide for the reliquidation of certain entries of polyester fleece sheet sets entered on or after January 29, 2009, and on or before October 27, 2009.

SECTION 1. CREDIT FOR PRODUCING FUEL FROM LANDFILL GAS. (a) In General.--Section 29 of the Internal Revenue Code of 1986 (relating to credit for producing fuel from a nonconventional source) is amended by adding at the end the following new subsection: ``(h) Extension and Modification for Facilities Producing Qualified Fuels From Landfill Gas.-- ``(1) In general.--In the case of a facility for producing qualified fuel from landfill gas which is placed in service after June 30, 1998, and before January 1, 2008, this section shall apply to fuel produced at such facility during the 5-year period beginning on the later of-- ``(A) the date such facility was placed in service, or ``(B) the date of the enactment of this subsection. ``(2) Reduction of credit for production from certain landfill gas facilities.--In the case of a facility to which paragraph (1) applies which is located at a landfill which is required pursuant to 40 CFR 60.752(b)(2) or 40 CFR 60.33c to install and operate a collection and control system which captures gas generated within the landfill, subsection (a)(1) shall be applied to gas so captured by substituting `$2' for `$3' for the taxable year during which such system is required to be installed and operated. ``(3) Special rules.--In determining the amount of credit allowable under this section solely by reason of this subsection-- ``(A) Daily limit.--The amount of qualified fuels sold during any taxable year which may be taken into account by reason of this subsection with respect to any facility shall not exceed an average barrel-of-oil equivalent of 200,000 cubic feet of natural gas per day. Days before the date the facility is placed in service shall not be taken into account in determining such average. ``(B) Extension period to commence with unadjusted credit amount.--In the case of fuels sold after 2003, subparagraph (B) of subsection (d)(2) shall be applied by substituting `2003' for `1979'.''. (b) Additional Definition.--Section 29(d) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following new paragraph: ``(9) Landfill gas facility.-- ``(A) In general.--A facility for producing qualified fuel from landfill gas, placed in service before, on, or after the date of the enactment of this paragraph, includes all wells, pipes, and other gas collection equipment installed as part of the facility over the life of the landfill, including any modifications or expansions thereof, after the facility is first placed in service. ``(B) Landfill gas.--The term `landfill gas' means gas derived from the biodegradation of municipal solid waste.''. (c) Effective Date.--The amendments made by this section shall apply to fuel sold after the date of the enactment of this Act. SEC. 2. EXTENSION AND EXPANSION OF CREDIT FOR PRODUCTION OF ELECTRICITY TO PRODUCTION FROM LANDFILL GAS. (a) In General.--Section 45(c)(1) of the Internal Revenue Code of 1986 (defining qualified energy resources) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) landfill gas.''. (b) Qualified Facility.--Section 45(c)(3) of the Internal Revenue Code of 1986 (relating to qualified facility) is amended by adding at the end the following new subparagraph: ``(D) Landfill gas facility.--In the case of a facility using landfill gas to produce electricity, the term `qualified facility' means any such facility owned by the taxpayer which is originally placed in service before January 1, 2008.''. (c) Special Rules and Definitions.-- (1) Reduced credit for certain preeffective date facilities.--Section 45(d) of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(8) Reduced credit for certain preeffective date facilities.--In the case of any facility described in subparagraph (D) of paragraph (3) which is placed in service before the date of the enactment of this subparagraph-- ``(A) subsection (a)(1) shall be applied by substituting `1.0 cents' for `1.5 cents', and ``(B) the 5-year period beginning on the date of the enactment of this paragraph shall be substituted in lieu of the 10-year period in subsection (a)(2)(A)(ii).''. (2) Coordination with section 29.--Section 45(c)(3) of such Code (relating to qualified facility), as amended by subsection (b), is amended by adding at the end the following new subparagraph: ``(E) Coordination with section 29.--The term `qualified facility' shall not include any facility the production from which is taken into account in determining any credit under section 29 for the taxable year or any prior taxable year.''. (3) Landfill gas.--Section 45(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Landfill gas.--The term `landfill gas' means gas derived from the biodegradation of municipal solid waste.''. (d) Effective Date.--The amendments made by this section shall apply to electricity sold after the date of the enactment of this Act.

Amends the Internal Revenue Code (IRC) provision concerning the credit for producing fuel from a nonconventional source to provide, in general, that in the case of a facility for producing qualified fuel from landfill gas which is placed in service after June 30, 1998, and before January 1, 2008, the provision shall apply to fuel produced at such facility during the five-year period beginning on the later of: (1) the date such facility was placed in service; or (2) enactment.Amends the IRC provision concerning electricity produced from certain renewable sources to: (1) include landfill gas as a qualified energy resource; and (2) include, in the case of a facility using landfill gas to produce electricity, as a qualified facility any such facility owned by the taxpayer which is originally placed in service before January 1, 2008.

A bill to amend the Internal Revenue Code of 1986 to modify the credit for the production of fuel from nonconventional sources for the production of electricity to include landfill gas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Encore Entrepreneurs Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Small Business Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (3) Encore entrepreneur.--The term ``encore entrepreneur'' means an entrepreneur, businessperson, or owner of a small business concern-- (A) who is seeking to start a new small business concern or expand an existing small business concern; and (B) who-- (i) is not less than 50 years of age; or (ii) has not less than 20 years of experience in a workplace. (4) Nonprofit organization.--The term ``nonprofit organization'' means 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. (5) Small business concern.--The term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (6) Small business development center.--The term ``small business development center'' means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648). (7) Women's business center.--The term ``women's business center'' means a project carried out under section 29 of the Small Business Act (15 U.S.C. 656). SEC. 3. EMPOWERING ENCORE ENTREPRENEURS PROGRAM. (a) In General.--Subject to the availability of appropriations, the Administrator shall establish a program under which the Administrator may enter into contracts or cooperative agreements with, or make grants to, nonprofit organizations, including small business development centers, women's business centers, chapters participating in the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)), and other resource partners of the Administration, and appropriate private sector organizations or entities to provide technical assistance, mentoring, and other specialized training activities for encore entrepreneurs. (b) Uses of Funds.--Amounts made available under subsection (a) may be used to provide technical assistance, mentoring, and other specialized training activities including-- (1) online resources and training for encore entrepreneurs, including virtual networking and mentoring tools; (2) workshops, training, and business networking events for encore entrepreneurs; or (3) programs to assist encore entrepreneurs in remaining in or re-entering the labor market through self-employment. (c) Application.--An entity desiring a grant, contract, or cooperative agreement under subsection (a) shall submit to the Administrator an application that contains-- (1) a description of the goals of the project to be funded; (2) a list of any partners that plan to participate in the project to be funded; and (3) any other information the Administrator determines is necessary. (d) Special Consideration.--The Administrator shall give special consideration to applications seeking funding for programs for-- (1) members of the Armed Forces impacted by base closures or realignment; or (2) encore entrepreneurs unemployed for a period of not less than 1 year. (e) Termination.--The program established in subsection (a) shall terminate on September 30, 2017. SEC. 4. REPORT ON BARRIERS FACED BY ENCORE ENTREPRENEURS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with other relevant Federal agencies, shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that describes the barriers and obstacles faced by encore entrepreneurs in starting new small business concerns or expanding existing small business concerns. (b) Contents.--The report required under subsection (a) shall include-- (1) a review of the accessibility and availability of credit and other forms of financing for encore entrepreneurs; (2) a review of the availability of Federal contracting opportunities for encore entrepreneurs; (3) a review of the accessibility and availability of counseling and mentoring programs for encore entrepreneurs; and (4) policy recommendations, if any, for improving Federal assistance and coordination on programs assisting encore entrepreneurs.

Empowering Encore Entrepreneurs Act of 2013 - Directs the Administrator of the Small Business Administration (SBA) to establish a program under which the Administrator may enter into contracts or cooperative agreements with, or make grants to, nonprofit organizations to provide technical assistance, mentoring, and other specialized training activities for encore entrepreneurs. Defines "encore entrepreneur" to mean an entrepreneur, business person, or owner of a small business concern who: (1) is seeking to start a new small business concern or expand an existing one, and (2) is at least age 50 or has at least 20 years of experience in a workplace. Directs the Administrator to give special consideration to applications seeking funding for programs for: (1) members of the Armed Forces impacted by base closures or realignment, or (2) encore entrepreneurs unemployed for a period of not less than one year. Terminates the program on September 30, 2017. Requires the Administrator to submit to specified congressional committees a report that describes the barriers and obstacles faced by encore entrepreneurs in starting new small business concerns or expanding existing small business concerns.

Empowering Encore Entrepreneurs Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Forest Protection Act of 2004''. SEC. 2. TRIBAL FOREST ASSETS PROTECTION. (a) Definitions.--In this section: (1) Federal land.--The term ``Federal land'' means-- (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Indian forest land or rangeland.--The term ``Indian forest land or rangeland'' means land that-- (A) is held in trust by, or with a restriction against alienation by, the United States for an Indian tribe or a member of an Indian tribe; and (B)(i)(I) is Indian forest land (as defined in section 304 of the National Indian Forest Resources Management Act (25 U.S.C. 3103)); or (II) has a cover of grasses, brush, or any similar vegetation; or (ii) formerly had a forest cover or vegetative cover that is capable of restoration. (3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (4) Secretary.--The term ``Secretary'' means-- (A) the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management. (b) Authority to Protect Indian Forest Land or Rangeland.-- (1) In general.--Not later than 120 days after the date on which an Indian tribe submits to the Secretary a request to enter into an agreement or contract to carry out a project to protect Indian forest land or rangeland (including a project to restore Federal land that borders on or is adjacent to Indian forest land or rangeland) that meets the criteria described in subsection (c), the Secretary may issue public notice of initiation of any necessary environmental review or of the potential of entering into an agreement or contract with the Indian tribe pursuant to section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277) (as amended by section 323 of the Department of the Interior and Related Agencies Appropriations Act, 2003 (117 Stat. 275)), or such other authority as appropriate, under which the Indian tribe would carry out activities described in paragraph (3). (2) Environmental analysis.--Following completion of any necessary environmental analysis, the Secretary may enter into an agreement or contract with the Indian tribe as described in paragraph (1). (3) Activities.--Under an agreement or contract entered into under paragraph (2), the Indian tribe may carry out activities to achieve land management goals for Federal land that is-- (A) under the jurisdiction of the Secretary; and (B) bordering or adjacent to the Indian forest land or rangeland under the jurisdiction of the Indian tribe. (c) Selection Criteria.--The criteria referred to in subsection (b), with respect to an Indian tribe, are whether-- (1) the Indian forest land or rangeland under the jurisdiction of the Indian tribe borders on or is adjacent to land under the jurisdiction of the Forest Service or the Bureau of Land Management; (2) Forest Service or Bureau of Land Management land bordering on or adjacent to the Indian forest land or rangeland under the jurisdiction of the Indian tribe-- (A) poses a fire, disease, or other threat to-- (i) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; or (ii) a tribal community; or (B) is in need of land restoration activities; (3) the agreement or contracting activities applied for by the Indian tribe are not already covered by a stewardship contract or other instrument that would present a conflict on the subject land; and (4) the Forest Service or Bureau of Land Management land described in the application of the Indian tribe presents or involves a feature or circumstance unique to that Indian tribe (including treaty rights or biological, archaeological, historical, or cultural circumstances). (d) Notice of Denial.--If the Secretary denies a tribal request under subsection (b)(1), the Secretary may issue a notice of denial to the Indian tribe, which-- (1) identifies the specific factors that caused, and explains the reasons that support, the denial; (2) identifies potential courses of action for overcoming specific issues that led to the denial; and (3) proposes a schedule of consultation with the Indian tribe for the purpose of developing a strategy for protecting the Indian forest land or rangeland of the Indian tribe and interests of the Indian tribe in Federal land. (e) Proposal Evaluation and Determination Factors.--In entering into an agreement or contract in response to a request of an Indian tribe under subsection (b)(1), the Secretary may-- (1) use a best-value basis; and (2) give specific consideration to tribally-related factors in the proposal of the Indian tribe, including-- (A) the status of the Indian tribe as an Indian tribe; (B) the trust status of the Indian forest land or rangeland of the Indian tribe; (C) the cultural, traditional, and historical affiliation of the Indian tribe with the land subject to the proposal; (D) the treaty rights or other reserved rights of the Indian tribe relating to the land subject to the proposal; (E) the indigenous knowledge and skills of members of the Indian tribe; (F) the features of the landscape of the land subject to the proposal, including watersheds and vegetation types; (G) the working relationships between the Indian tribe and Federal agencies in coordinating activities affecting the land subject to the proposal; and (H) the access by members of the Indian tribe to the land subject to the proposal. (f) No Effect on Existing Authority.--Nothing in this Act-- (1) prohibits, restricts, or otherwise adversely affects the participation of any Indian tribe in stewardship agreements or contracting under the authority of section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277) (as amended by section 323 of the Department of the Interior and Related Agencies Appropriations Act, 2003 (117 Stat. 275)) or other authority invoked pursuant to this Act; or (2) invalidates any agreement or contract under that authority. (g) Report.--Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the Indian tribal requests received and agreements or contracts that have been entered into under this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Tribal Forest Protection Act of 2004 - Authorizes the Secretary of the Interior (with respect to land under the jurisdiction of the Bureau of Land Management) or the Secretary of Agriculture (with respect to land under the jurisdiction of the Forest Service), within 120 days after the request of an Indian tribe to enter into an agreement or contract to carry out a project to protect Indian forest land or rangeland (including a project to restore Federal land that borders on or is adjacent to such land) that meets specified criteria, to issue public notice of initiation of any necessary environmental review or of the potential of entering into such an agreement or contract under which the Indian tribe would carry out activities to achieve land management goals for Federal land under the Secretary's jurisdiction and bordering or adjacent to the Indian forest land or rangeland under the Indian tribe's jurisdiction. States as criteria for the selection of Indian land that, among other things, the bordering or adjacent Federal land: (1) pose a fire, disease, or other threat to Indian land or a tribal community, or be in need of land restoration activities; and (2) present or involve a feature or circumstance unique to the particular tribe (including treaty rights or biological, archaeological, historical, or cultural circumstances). Authorizes the appropriate Secretary to enter into such an agreement or contract following completion of any necessary environmental analysis. Specifies proposal evaluation and determination factors. Requires, within four years after enactment of this Act, the Secretary to report to Congress on the Indian tribal requests received and agreements or contracts that have been entered into.

To authorize the Secretary of Agriculture and the Secretary of the Interior to enter into an agreement or contract with Indian tribes meeting certain criteria to carry out projects to protect Indian forest land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Narrowing Exceptions for Withholding Taxes Act of 2012''. SEC. 2. EMPLOYMENT TAX TREATMENT OF PROFESSIONAL SERVICE BUSINESSES. (a) In General.--Section 1402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(m) Special Rules for Professional Service Businesses.-- ``(1) Shareholders providing services to disqualified s corporations.-- ``(A) In general.--In the case of any disqualified S corporation, each shareholder of such disqualified S corporation who provides substantial services with respect to the professional service business referred to in subparagraph (C) shall take into account such shareholder's pro rata share of all items of income or loss described in section 1366 which are attributable to such business in determining the shareholder's net earnings from self-employment. ``(B) Treatment of family members.--Except as otherwise provided by the Secretary, the shareholder's pro rata share of items referred to in subparagraph (A) shall be increased by the pro rata share of such items of each member of such shareholder's family (within the meaning of section 318(a)(1)) who does not provide substantial services with respect to such professional service business. ``(C) Disqualified s corporation.--For purposes of this subsection, the term `disqualified S corporation' means-- ``(i) any S corporation which is a partner in a partnership which is engaged in a professional service business if substantially all of the activities of such S corporation are performed in connection with such partnership, and ``(ii) any other S corporation which is engaged in a professional service business if the principal asset of such business is the reputation and skill of 3 or fewer employees. ``(2) Partners.--In the case of any partnership which is engaged in a professional service business, subsection (a)(13) shall not apply to any partner who provides substantial services with respect to such professional service business. ``(3) Professional service business.--For purposes of this subsection, the term `professional service business' means any trade or business if substantially all of the activities of such trade or business involve providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services. ``(4) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations which prevent the avoidance of the purposes of this subsection through tiered entities or otherwise. ``(5) Cross reference.--For employment tax treatment of wages paid to shareholders of S corporations, see subtitle C.''. (b) Conforming Amendment.--Section 211 of the Social Security Act is amended by adding at the end the following new subsection: ``(l) Special Rules for Professional Service Businesses.-- ``(1) Shareholders providing services to disqualified s corporations.-- ``(A) In general.--In the case of any disqualified S corporation, each shareholder of such disqualified S corporation who provides substantial services with respect to the professional service business referred to in subparagraph (C) shall take into account such shareholder's pro rata share of all items of income or loss described in section 1366 of the Internal Revenue Code of 1986 which are attributable to such business in determining the shareholder's net earnings from self- employment. ``(B) Treatment of family members.--Except as otherwise provided by the Secretary of the Treasury, the shareholder's pro rata share of items referred to in subparagraph (A) shall be increased by the pro rata share of such items of each member of such shareholder's family (within the meaning of section 318(a)(1) of the Internal Revenue Code of 1986) who does not provide substantial services with respect to such professional service business. ``(C) Disqualified s corporation.--For purposes of this subsection, the term `disqualified S corporation' means-- ``(i) any S corporation which is a partner in a partnership which is engaged in a professional service business if substantially all of the activities of such S corporation are performed in connection with such partnership, and ``(ii) any other S corporation which is engaged in a professional service business if the principal asset of such business is the reputation and skill of 3 or fewer employees. ``(2) Partners.--In the case of any partnership which is engaged in a professional service business, subsection (a)(12) shall not apply to any partner who provides substantial services with respect to such professional service business. ``(3) Professional service business.--For purposes of this subsection, the term `professional service business' means any trade or business if substantially all of the activities of such trade or business involve providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

Narrowing Exceptions for Withholding Taxes Act of 2012 - Amends the Internal Revenue Code and title II (Old-Age, Survivors, and Disability Insurance Benefits) of the Social Security Act to require a shareholder of a subchapter S corporation engaged in a professional service business to include all items of income or loss attributable to such business in determining such shareholder's net earnings from self-employment for purposes of computing employment tax liability. Defines a "professional service business" as any trade or business substantially all of the activities of which involve providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services.

To amend the Internal Revenue Code of 1986 and the Social Security Act to provide for employment tax treatment of professional service businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping out Illegal Drugs Act of 2015'' or ``KIDs Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) the fiduciary responsibility of the United States to Indians includes protecting future generations of Indians from the harmful effects of illegal drugs; (2) testimony at numerous congressional hearings has established that rampant drug abuse on Indian lands has had an especially destructive impact on the lives and families of all Native Americans, including Native Americans who do not use drugs; (3) the report entitled ``Rates of Substance Use of American Indian Students in 8th, 10th, and 12th Grades Living on or Near Reservations: Update, 2009-2012'', published by Public Health Reports with funds from the National Institute on Drug Abuse of the National Institutes of Health, indicates that 56.2 percent of eighth grade Native American children and 61.4 percent of tenth grade Native American children who attend school on Indian lands had used marijuana, as compared to the national average of 16.4 percent and 33.4 percent, respectively; (4) according to the Office of Juvenile Justice and Delinquency Prevention, individuals who begin using an illegal drug at a young age are far more likely than individuals who do not begin using an illegal drug at a young age-- (A) to use other drugs; (B) to be incarcerated; and (C) to have a lower quality of life; (5) according to the Substance Abuse and Mental Health Services Administration, American Indians and Alaska Natives experience some of the highest rates of substance use, as compared to other racial and ethnic groups in the United States; (6) the National Institutes of Health have shown that marijuana use-- (A) may cause permanent developmental damage to the brain; and (B) is linked to poor educational outcomes; (7) the higher incidence of illegal drug use in Indian country, as compared to the rest of the United States, has directly contributed to higher levels of poverty and crime and a lower life expectancy in Indian country; (8) according to the Substance Abuse and Mental Health Services Administration, in 2010, American Indians and Alaska Natives had a 17.1 percent rate of drug-induced death, the highest rate among other racial and ethnic groups in the United States; (9) according to the Centers for Disease Control and Prevention report entitled ``CDC Health Disparities and Inequalities Report-United States, 2013'', from 1999-2010, American Indians and Alaska Natives aged between 30 and 40 years experienced the highest drug-induced death rate, as compared to other racial and ethnic groups in the United States; and (10) Federal law already prohibits the production, cultivation, manufacture, and distribution of marijuana. SEC. 3. DEFINITIONS. In this Act: (1) Indian lands.--The term ``Indian lands'' has the meaning given the term in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302). (2) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (3) Tribal organization.--The term ``tribal organization'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). SEC. 4. PROHIBITION. Notwithstanding any other provision of law, it is unlawful for an Indian tribe or a tribal organization-- (1) to knowingly or intentionally cultivate, manufacture, or distribute marijuana on Indian lands; (2) to knowingly or intentionally allow the cultivation, manufacture, or distribution of marijuana on Indian lands; or (3) on discovery by the Indian tribe or tribal organization that an individual or entity on Indian lands subject to the jurisdiction of the Indian tribe or tribal organization is cultivating, manufacturing, or distributing marijuana on Indian lands-- (A) as applicable, to fail to prosecute, or notify the appropriate Federal official regarding that individual or entity; and (B) to fail to destroy the relevant marijuana crop in accordance with applicable Federal law. SEC. 5. PENALTY. (a) In General.--No funds authorized or appropriated by Federal law shall be made available for any purpose to an Indian tribe or a tribal organization if the Indian tribe or tribal organization is determined to have violated section 4 during the period-- (1) beginning on the date on which the Indian tribe or tribal organization violates section 4; and (2) ending on the date on which the Indian tribe or tribal organization has remedied the violation and achieved compliance with this Act, as determined by the Attorney General of the United States. (b) Return of Funds Required.-- (1) In general.--An Indian tribe or tribal organization in violation of section 4 shall return to the relevant Federal agency any funds received during a period in which the Indian tribe or tribal organization is in violation of this Act. (2) No return of refunded funds.--Funds returned to a Federal agency under paragraph (1) shall not be returned to the Indian tribe or tribal organization upon compliance with this Act.

Keeping out Illegal Drugs Act of 2015 or the KIDs Act of 2015 This bill prohibits any Indian tribe or a tribal organization from: (1) cultivating, manufacturing, or distributing marijuana on Indian lands; (2) knowingly or intentionally allowing the cultivation, manufacture, or distribution of marijuana on Indian lands; or (3) failing to prosecute, or to notify the appropriate federal official regarding, an individual or entity who is discovered to be cultivating, manufacturing, or distributing marijuana on Indian lands or failing to destroy the relevant marijuana crop in accordance with federal law. No funds authorized or appropriated by federal law shall be made available to an Indian tribe or a tribal organization determined to have violated this Act until such tribe or tribal organization has remedied the violation and achieved compliance with this Act.

KIDs Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Ecology Protection Act''. SEC. 2. BALLAST WATER TREATMENT REGULATIONS. (a) In General.--Section 1101(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711(b)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by striking ``(3) Additional regulations.--In addition'' and inserting the following: ``(3) Regulations concerning aquatic nuisance species.-- ``(A) In general.--The Secretary of Transportation shall, in consultation with the Secretary of the Interior, the Secretary of Commerce, the Secretary of Defense, the Administrator of the Environmental Protection Agency, the Governors of States that border the Great Lakes, and in accordance with this paragraph, promulgate and review regulations to prevent, to the maximum extent practicable, the introduction and spread of aquatic nuisance species in the Great Lakes. ``(B) Contents of regulations.--The regulations promulgated under subparagraph (A)-- ``(i) shall apply to all vessels capable of discharging ballast water (including vessels equipped with ballast water tank systems or other water tank systems) that enter the Great Lakes after operating on water outside of the Exclusive Economic Zone; ``(ii) shall ensure, to the maximum extent practicable, that ballast water containing aquatic nuisance species is not discharged into the Great Lakes (including by establishing the standard described in clause (iii)); ``(iii) shall include a ballast water treatment standard for vessels that elect to carry out ballast water management or treatment that, at a minimum, requires-- ``(I) a demonstrated 95 percent volumetric exchange of ballast water; or ``(II) a ballast treatment that destroys not less than 95 percent of all animal fauna in a standard ballast water intake, as approved by the Secretary; ``(iv) shall protect the safety of each vessel (including crew and passengers); ``(v) shall include requirements on new vessel construction to ensure that vessels entering service after January 1, 2005, minimize the transfer of organisms; ``(vi) shall require vessels to carry out any discharge or exchange of ballast water within the Great Lakes only in compliance with the regulations; ``(vii) shall be promulgated after taking into consideration a range of vessel operating conditions, from normal to extreme; ``(viii) shall-- ``(I) ensure that technologies and practices implemented under this section are environmentally sound treatment methods for ballast water and ballast sediments that prevent and control infestations of aquatic nuisance species; and ``(II) include a detailed timetable for-- ``(aa) the implementation of treatment methods determined to be technologically available and cost-effective at the time of the publication of the notice of proposed rulemaking; and ``(bb) the development, testing, evaluation, approval, and implementation of additional technologically innovative treatment methods; ``(ix) shall provide for certification by the master of each vessel entering the Great Lakes that the vessel is in compliance with the regulations; ``(x) shall ensure compliance with the regulations, to the maximum extent practicable, through-- ``(I) sampling or monitoring procedures; ``(II) the inspection of records; ``(III) the imposition of sanctions in accordance with subsection (g)(1); and ``(IV) the certification of ballast water treatment vendors and vessel vendors; ``(xi) shall be based on the best scientific information available; ``(xii) shall not supersede or adversely affect any requirement or prohibition pertaining to the discharge of ballast water into water of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and ``(xiii) shall include such other requirements as the Secretary of Transportation considers appropriate. ``(C) Regulatory schedule.-- ``(i) Notice of proposed rulemaking.-- ``(I) In general.--Not later than 120 days after the date of enactment of the Great Lakes Ecology Protection Act, the Secretary of Transportation shall publish, in the Federal Register and through other means designed to reach persons likely to be subject to or affected by the regulations (including publication in local newspapers and by electronic means), a notice of proposed rulemaking concerning the regulations proposed to be promulgated under this paragraph. ``(II) Final regulations.--The Secretary of Transportation shall promulgate final regulations under this paragraph-- ``(aa) with respect to the implementation of treatment methods described in subparagraph (B)(vii)(II)(aa), not later than 270 days after the date of enactment of the Great Lakes Ecology Protection Act; and ``(bb) with respect to the additional technologically innovative treatment methods described in subparagraph (B)(vii)(II)(bb), not later than the earlier of-- ``(AA) the date established by the timetable under subparagraph (B)(vii)(II) for implementation of those methods; or ``(BB) 720 days after the date of enactment of the Great Lakes Ecology Protection Act. ``(III) Review and revision of regulations.--Not later than 3 years after the date on which final regulations are promulgated under this subparagraph, and every 3 years thereafter, the Secretary shall review and revise as necessary, the regulations-- ``(aa) to improve the effectiveness of the regulations; and ``(bb) to incorporate better management practices and ballast water treatment standards and methods. ``(IV) Public participation.--The Secretary of Transportation shall-- ``(aa) provide not less than 120 days for public comment on the proposed regulations; and ``(bb) provide for an effective date that is not less than 30 days after the date of publication of the final regulations. ``(4) Additional regulations.--In addition''. (b) Definition of Treatment Method.--Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is amended-- (1) by redesignating paragraphs (13), (14), (15), (16), and (17) as paragraphs (14), (15), (16), (17), and (18), respectively; and (2) by inserting after paragraph (12) the following: ``(13) `treatment method' means a method for treatment of the contents of a ballast water tank (including the sediments within the tank) to remove or destroy nonindigenous organisms through-- ``(A) filtration; ``(B) the application of biocides or ultraviolet light; ``(C) thermal methods; or ``(D) other treatment techniques that meet applicable ballast water treatment standards, as approved by the Secretary;''. SEC. 3. INVASIVE SPECIES AND BALLAST WATER TECHNOLOGIES RESEARCH GRANTS. (a) Grants Authorized.--The Secretary of Commerce, through the National Oceanic and Atmospheric Administration, and in consultation with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency, is authorized to award Invasive Species and Ballast Water Technologies Research Grants. (b) Use of Funds.--Grants awarded under subsection (a) may be used to-- (1) study the impact of invasive species on the environment of the Great Lakes region; and (2) develop technologies and treatment methods, including ballast water tank technology, designed to destroy or remove invasive species. (c) Eligible Recipients.-- (1) In general.--The Secretary may award grants under subsection (a) to any post-secondary educational institution in the United States. (2) Special consideration for institutions collaborating with industry.--In awarding grants under subsection (a), the Secretary shall give special consideration to post-secondary educational institutions that work collaboratively with members of the United States shipping industry to carry out an activity for which grant funds may be used under subsection (b). (d) Availability and Marketing of Technology.--In awarding grants under subsection (a), the Secretary shall ensure that to the greatest extent practicable, technologies and treatments developed as the result of a grant awarded under subsection (a) are made commercially available. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out the provisions of this section $100,000,000 for the period of fiscal year 2002 through fiscal year 2006.

Great Lakes Ecology Protection Act - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of Transportation to promulgate and review regulations to prevent, to the maximum extent practicable, the introduction and spread of aquatic nuisance species in the Great Lakes. Calls upon such regulations to require, among other things, that: (1) requirements on new vessel construction be included to ensure that vessels entering service after January 1, 2005, minimize the transfer of organisms; and (2) technologies and practices implemented under this Act are environmentally sound treatment methods for ballast water and ballast sediments that prevent and control infestations of aquatic nuisance species.Authorizes the Secretary of Commerce to award Invasive Species and Ballast Water Technologies Research Grants to U.S. post-secondary educational institutions to study the impact of invasive species on the environment of the Great Lakes region, and to develop technologies and treatment methods, including ballast water tank technology, designed to destroy or remove such species.

A bill to amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to require the Secretary of Transportation to promulgate and review regulations to ensure, to the maximum extent practicable, that vessels entering the Great Lakes do not spread nonindigenous aquatic species, to require treatment of ballast water and its sediments through the most effective and efficient techniques available, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dangerous Explosives Background Checks Requirement Act''. SEC. 2. PERMITS AND BACKGROUND CHECKS FOR PURCHASES OF EXPLOSIVES. (a) Permits for Purchase of Explosives in General.-- (1) In general.--Section 842 of title 18, United States Code, is amended-- (A) in subsection (a)(3), by striking subparagraphs (A) and (B) and inserting the following: ``(A) to transport, ship, cause to be transported, or receive any explosive materials; or ``(B) to distribute explosive materials to any person other than a licensee or permittee.''; and (B) in subsection (b)-- (i) by adding ``or'' at the end of paragraph (1); (ii) by striking ``; or'' at the end of paragraph (2) and inserting a period; and (iii) by striking paragraph (3). (2) Regulations.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall promulgate final regulations with respect to the amendments made by paragraph (1). (B) Notice to states.--On the promulgation of final regulations under subparagraph (A), the Secretary of the Treasury shall notify the States of the regulations in order that the States may consider legislation to amend relevant State laws relating to explosives. (b) Background Checks.--Section 842 of title 18, United States Code, is amended by adding at the end the following: ``(p) Background Checks.-- ``(1) Definitions.--In this subsection: ``(A) Chief law enforcement officer.--The term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of such an individual. ``(B) System.--The term `system' means the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note). ``(2) Prohibition.--A licensed importer, licensed manufacturer, or licensed dealer shall not transfer explosive materials to a permitee unless-- ``(A) before the completion of the transfer, the licensee contacts the system; ``(B)(i) the system provides the licensee with a unique identification number; or ``(ii) 5 days on which State offices are open have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of explosive materials by the transferee would violate subsection (i); ``(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028) of the transferee containing a photograph of the transferee; and ``(D) the transferor has examined the permit issued to the transferee under section 843 and recorded the permit number on the record of the transfer. ``(3) Identification number.--If receipt of explosive materials would not violate section 842(i) or State law, the system shall-- ``(A) assign a unique identification number to the transfer; and ``(B) provide the licensee with the number. ``(4) Exceptions.--Paragraph (2) shall not apply to a transfer of explosive materials between a licensee and another person if, on application of the transferor, the Secretary has certified that compliance with paragraph (2)(A) is impracticable because-- ``(A) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; ``(B) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer; and ``(C) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. ``(5) Inclusion of identification number.--If the system notifies the licensee that the information available to the system does not demonstrate that the receipt of explosive materials by the transferee would violate subsection (i) or State law, and the licensee transfers explosive materials to the transferee, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer. ``(6) Penalties.--If the licensee knowingly transfers explosive materials to another person and knowingly fails to comply with paragraph (2) with respect to the transfer, the Secretary may, after notice and opportunity for a hearing-- ``(A) suspend for not more than 6 months or revoke any license issued to the licensee under section 843; and ``(B) impose on the licensee a civil penalty of not more than $5,000. ``(7) No liability.--Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the system shall be liable in an action at law for damages-- ``(A) for failure to prevent the transfer of explosive materials to a person whose receipt or possession of the explosive material is unlawful under this section; or ``(B) for preventing such a transfer to a person who may lawfully receive or possess explosive materials. ``(8) Determination of ineligibility.-- ``(A) Written reasons provided on request.--If the system determines that an individual is ineligible to receive explosive materials and the individual requests the system to provide the reasons for the determination, the system shall provide such reasons to the individual, in writing, not later than 5 business days after the date of the request. ``(B) Correction of erroneous system information.-- ``(i) In general.--If the system informs an individual contacting the system that receipt of explosive materials by a prospective transferee would violate subsection (i) or applicable State law, the prospective transferee may request the Attorney General to provide the prospective transferee with the reasons for the determination. ``(ii) Treatment of requests.--On receipt a request under subparagraph (A), the Attorney General shall immediately comply with the request. ``(iii) Submission of additional information.-- ``(I) In general.--A prospective transferee may submit to the Attorney General information to correct, clarify, or supplement records of the system with respect to the prospective transferee. ``(II) Action by the attorney general.--After receipt of information under clause (i), the Attorney General shall-- ``(aa) immediately consider the information; ``(bb) investigate the matter further; and ``(cc) correct all erroneous Federal records relating to the prospective transferee and give notice of the error to any Federal department or agency or any State that was the source of such erroneous records.''. (c) Remedy for Erroneous Denial of Explosive Materials.-- (1) In general.--Chapter 40 of title 18, United States Code, is amended by inserting after section 843 the following: ``Sec. 843A. Remedy for erroneous denial of explosive materials ``(a) In General.--Any person denied explosive materials under section 842(p)-- ``(1) due to the provision of erroneous information relating to the person by any State or political subdivision of a State or by the national instant criminal background check system referred to in section 922(t); or ``(2) who was not prohibited from receiving explosive materials under section 842(i); may bring an action against an entity described in subsection (b) for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be. ``(b) Entities Described.--An entity referred to in subsection (a) is the State or political subdivision responsible for providing the erroneous information referred to in subsection (a)(1) or denying the transfer of explosives or the United States, as the case may be. ``(c) Attorney's Fees.--In any action brought under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.''. (2) Technical amendment.--The analysis for chapter 40 of title 18, United States Code, is amended by inserting after the item relating to section 843 the following: ``843A. Remedy for erroneous denial of explosive materials.''. (d) Licenses and User Permits.--Section 843(a) of title 18, United States Code, is amended-- (1) by inserting ``, including fingerprints and a photograph of the applicant'' before the period at the end of the first sentence; and (2) by striking the second sentence and inserting the following: ``Each applicant for a license shall pay for each license a fee established by the Secretary in an amount not to exceed $300. Each applicant for a permit shall pay for each permit a fee established by the Secretary in an amount not to exceed $100.''. (e) Penalties.--Section 844(a) of title 18, United States Code, is amended-- (1) by inserting ``(1) after ``(a)''; and (2) by adding at the end the following: ``(2) Background checks.--A person who violates section 842(p) shall be fined under this title, imprisoned not more than 5 years, or both.''. (f) Effective Date.--The amendments made by subsections (a), (b), (c), and (e) take effect 18 months after the date of enactment of this Act.

Dangerous Explosives Background Checks Requirement Act - Amends the Federal criminal code to prohibit a person other than a Federal explosive materials licensee or permittee from knowingly: (1) transporting, shipping, causing to be transported, or receiving explosive materials (currently, in interstate or foreign commerce, and with a specified exception based on residency); or (2) distributing explosive materials to any person other than such a licensee or permittee (currently, who the distributor knows or has reasonable cause to believe does not reside in the same State or who is a resident of the State where distribution is made and in which the licensee is licensed to do business or a State contiguous thereto if permitted by the law of the State of the purchaser's residence). Directs the Secretary of the Treasury to: (1) promulgate final regulations with respect to such provisions within 180 days; and (2) notify the States, upon promulgation of final regulations, so the States may consider legislation to amend relevant State laws relating to explosives. Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to a permittee unless: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under the Brady Handgun Violence Prevention Act; (2) either the system provides the licensee with a unique identification number or five days (on which State offices are open) have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of explosive materials by the transferee would violate Federal law; (3) the transferor has verified the identity of the transferee by examining a valid identification document of the transferee containing a photograph of the transferee; and (4) the transferor has examined the permit issued to the transferee and recorded the permit number on the record of the transfer. Requires the system to assign a unique identification number to the transfer and provide the licensee with the number if receipt of explosive materials would not violate code provisions or State law. Makes this prohibition inapplicable in certain cases based on impracticability. Sets forth provisions regarding: (1) penalties for prohibition violations; (2) immunity from liability for governments and government employees responsible for providing information to the system; (3) information to be supplied to individuals determined to be ineligible to receive explosive materials; and (4) the remedy for erroneous denial of explosive materials. Requires applications for explosive materials licenses and user permits to include fingerprints and a photograph of each applicant. Modifies the fee amount that the Secretary may set for licenses and permits. Sets penalties for violation of background check provisions of this Act.

Dangerous Explosives Background Checks Requirement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Armed Forces Suicide Prevention Act of 2008''. SEC. 2. ENHANCEMENT OF SUICIDE PREVENTION PROGRAMS OF THE DEPARTMENT OF DEFENSE. (a) Enhancement of Suicide Prevention Programs.--The Secretary of Defense shall take appropriate actions to enhance the suicide prevention programs of the Department of Defense. (b) Training and Additional Requirements for Members of the Armed Forces.--The actions taken under subsection (a) shall include the following: (1) A review and evaluation of existing suicide prevention efforts across the military departments, including an assessment of the effectiveness of current efforts and of how such efforts are addressing issues related to combat stress. (2) A requirement for suicide prevention training (as described in subsection (c)) on an annual basis for all members of the Armed Forces (including members of the National Guard and Reserve), for all civilian health care community and family support professionals of the Department of Defense, and for such other service personnel of the Department as the Secretary shall designate for purposes of this paragraph. (3) Enhancement of the basic lifesaving training course for members of the Armed Forces to include within such training matters relating to recognition of risk factors for suicide, identification of signs and symptoms of mental health concerns and combat stress, and protocols for responding to crisis situations involving members of the Armed Forces who may be at high risk for suicide. (4) Enhancement of training for military medics and medical personnel to include within such training matters relating to recognition of risk factors for suicide, identification of signs and symptoms of mental health concerns and combat stress, and protocols for responding to crisis situations involving members of the Armed Forces who may be at high risk for suicide. (5) Review and enhancement of requirements for access of units to crisis response teams to prevent and respond to traumatic events, such as members in crisis or loss of unit members, which teams shall include qualified mental health professionals and may include medical staff, chaplains, family support staff, peers, and other appropriate personnel. (c) Suicide Prevention Training.--For purposes of this section, suicide prevention training is comprehensive training on suicide prevention (including, at a minimum, education, training, peer-to-peer support methods, outreach, and de-stigmatization on suicide) developed by the Secretary of Defense for purposes of this section in consultation with the Secretary of Veterans Affairs, the National Institute of Mental Health, the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services, and the Centers for Disease Control and Prevention. (d) Outreach.-- (1) In general.--The actions taken under subsection (a) shall include a campaign of outreach throughout the Armed Forces and the military family communities intended to-- (A) reduce the stigma among members of the Armed Forces and their families, and in such communities, associated with mental health concerns; (B) encourage members of the Armed Forces and individuals in such communities to seek help with such concerns; (C) increase awareness among members of the Armed Forces and in such communities that mental health is essential to overall health; and (D) increase awareness among members of the Armed Forces and in such communities regarding substance abuse concerns, relationship and financial difficulties, and legal and occupational difficulties. (2) Public addresses.--As part of the campaign of outreach, the Secretary shall provide for the inclusion in addresses to veterans service organizations and other public addresses, and in other public speeches, by senior officials of the Department of Defense of the themes of the importance of mental health, and the importance of seeking help on mental health concerns and stress on military family members, for members of the Armed Forces, veterans, and their families. (e) Post-Deployment Assistance for Spouses and Parents of Returning Members.-- (1) In general.--The Secretary shall provide spouses and parents of members of the Armed Forces, including members of the National Guard and Reserve, who are returning from deployment assistance in-- (A) understanding issues that arise in the readjustment of such members-- (i) for members of the National Guard and Reserve, to civilian life; and (ii) for members of the regular components of the Armed Forces, to military life in a non- combat environment; (B) identifying signs and symptoms of substance abuse, mental health conditions, traumatic brain injury, and risk factors for suicide; and (C) encouraging such members and their families in seeking assistance for such conditions and in seeking assistance on relationship, financial, legal, and occupational difficulties. (2) Information on available resources.--In providing assistance under paragraph (1), the Secretary shall provide information on the national suicide prevention hotline, local resources for mental health services, family counseling services, or other appropriate services, including services available from both military providers of such services and community-based providers of such services. (3) Timing.--The Secretary shall provide resources under paragraph (1) with respect to a member of the Armed Forces not later than six months after the date of the return of such member from deployment. (f) Assessment of Actions.-- (1) In general.--The Secretary shall provide for an evaluation and assessment of the actions undertaken under this section by an appropriate non-Federal Government entity selected by the Secretary for purposes of this subsection. The Secretary may provide for the evaluation and assessment by contract or other cooperative agreement with, or by grant to, the entity so selected. (2) Elements.--In conducting the evaluation and assessment required under paragraph (1), the entity selected under that paragraph shall evaluate and assess the effectiveness of the actions taken under this section in reducing the incidence of suicide among members of the Armed Forces, including-- (A) the extent to which the actions taken under this section effectively targeted members of the Armed Forces and their families; and (B) the extent to which the actions taken under this section increased awareness among members of the Armed Forces and their families on risk factors for suicide. SEC. 3. REPORT TO CONGRESS ON SUICIDE PREVENTION PROGRAMS AND ACTIVITIES. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary of Defense shall submit to Congress a report on the programs and activities of the Secretary of Defense to reduce the incidence of suicide among members of the Armed Forces. (b) Elements.--Each report under this section shall include the following: (1) The total number of suicides among members of the Armed Forces during the period beginning on January 1, 2002, and ending at the end of the most recent calendar year quarter preceding the submittal of such report, including the number of suicides confirmed and the number of deaths being investigated as a suicide, set forth-- (A) by calendar year quarter in which death occurred; (B) by military department of the members concerned; and (C) by whether death occurred while the members concerned were deployed or while assigned to permanent duty station or homeport. (2) A description of the status of the program required by section 2, including, for the first three reports under this section, a current description of the implementation of the program, including the costs of implementation of the program. (3) A description of the coordination of the program with suicide prevention efforts of the Department of Veterans Affairs. (4) In the case of the first report under this section, a plan for additional programs and activities to reduce the incidence of suicide among current and former members of the Armed Forces. (5) Such recommendations for additional legislative or administrative action as the Secretary considers appropriate to improve and enhance the suicide prevention programs and activities of the Department of Defense. (c) Consultation.--In developing the plan required by subsection (b)(4), the Secretary of Defense shall consult with the following: (1) The Secretary of Veterans Affairs (2) The National Institute of Mental Health. (3) The Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services. (4) The Centers for Disease Control and Prevention. SEC. 4. WORKFORCE DEVELOPMENT FOR UNIFORMED BEHAVIORAL HEALTH PROFESSIONALS FOR THE DEPARTMENT OF DEFENSE. The Secretary of Defense may award grants to, and enter into contracts and cooperative agreements with, such entities as the Secretary considers appropriate to identify and implement within the Department of Defense innovative and effective strategies for the recruitment and retention of qualified uniformed behavioral health professionals to provide mental health services, and substance abuse disorder prevention and treatment services, for members of the Armed Forces. SEC. 5. REDUCING THE STIGMA ASSOCIATED WITH SEEKING MENTAL HEALTH TREATMENT. The Secretary of Defense may award grants to, and enter into contracts and cooperative agreements with, such entities as the Secretary considers appropriate to identify and implement within the Department of Defense innovative and effective strategies for reducing the stigma associated with seeking mental health treatment. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated for fiscal year 2009 for the Department of Defense $6,000,000 to carry out this Act.

Armed Forces Suicide Prevention Act of 2008 - Directs the Secretary of Defense to undertake specified actions to enhance the suicide prevention programs of the Department of Defense (DOD), including: (1) suicide prevention training for all members of the Armed Forces and DOD civilian health care community and family support professionals; and (2) a suicide prevention outreach program throughout the Armed Forces and military family communities. Directs the Secretary to provide readjustment assistance to spouses and parents of members returning from deployments, including information on: (1) ways to identify signs and symptoms of risk factors for suicide; and (2) the national suicide prevention hotline and other suicide prevention resources. Authorizes the Secretary to award grants and enter into cooperative agreements to identify and implement within DOD strategies for: (1) the recruitment and retention of qualified military behavioral health professionals to provide mental health services, and substance abuse disorder prevention and treatment services, to members; and (2) reducing the stigma associated with seeking mental health treatment.

To provide for the enhancement of the suicide prevention programs of the Department of Defense, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) Article 3 of the Inter-American Democratic Charter of the Organization of American States (OAS) states that, ``Essential elements of representative democracy include, inter alia, respect for human rights and fundamental freedoms, access to and the exercise of power in accordance with the rule of law, the holding of periodic, free, and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people, the pluralistic system of political parties and organizations, and the separation of powers and independence of the branches of government.''. (2) Article 4 of the Inter-American Democratic Charter states that ``Transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy. The constitutional subordination of all state institutions to the legally constituted civilian authority and respect for the rule of law on the part of all institutions and sectors of society are equally essential to democracy.''. (3) Article 20 of the Inter-American Democratic Charter states that ``In the event of an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a member state, any member state or the Secretary General may request the immediate convocation of the Permanent Council to undertake a collective assessment of the situation and to take such decisions as it deems appropriate. The Permanent Council, depending on the situation, may undertake the necessary diplomatic initiatives, including good offices, to foster the restoration of democracy.''. (4) In December 2010, Venezuela's President, Hugo Chavez, in coordination with a pliant legislature, passed a package of laws, including the Enabling Act or Enabling Law, which fundamentally altered the Venezuelan Constitution. (5) As a result of the legislation, essential freedoms are impaired, including the freedom of speech through restrictions on the internet and television, a breakdown in strong, independent, and pluralistic political parties through electoral reform that expels from parliament politicians who change parties, vote against certain legislation, or align with ideologically opposed ideas or people, separation of powers and subordination of the state to the people through the removal of the municipal and regional governments' constitutional mandate, and fundamentally altering the ability of the people to govern themselves, in addition to the president's ability to rule by decree for eighteen months in nine broad areas such as social, economic, territorial, and national security, and respect for social rights through changes to the education sector by controlling curriculum and ideology in universities. (6) The package of laws, including the Enabling Act, therefore violate essential elements of the exercise of democracy as stated in Articles 3 and 4 of the Inter-American Democratic Charter. (7) Secretary General Jose Miguel Insulza stated in an interview with Associated Press that he believed the Enabling Act in Venezuela was ``anti-democratic, unconstitutional and a violation of the Inter-American Charter,''. (8) Assistant Secretary of State for the Western Hemisphere, Arturo Valenzuela, reiterated the description of the Enabling Law as ``undemocratic''. (9) The most recent Worldwide Threat Assessment by the Director of National Intelligence found that ``at the end of the legislature's lame duck term, Chavez and his allies passed legislation that gives more resources to his loyal community councils, allowing Chavez to claim that he is both bolstering participatory democracy and creating new means of funneling resources to supporters.''. (10) According to the Inter-American Democratic Charter, invocation of Article 20 may be made by the Secretary General or any member state of the Organization of the American States in the event of an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a member state. (11) Also, according to the Inter-American Democratic Charter, invocation of Article 20 signifies the calling of the Permanent Council to determine next steps, through diplomatic initiatives, to foster the restoration of democracy in a member state. If such initiatives fail to restore democracy, Article 21 is employed to call a special session of the General Assembly in order to take the decision to suspend such member state from the exercise of its right to participate in the OAS by an affirmative vote of two-thirds of the member states in accordance with the Charter of the OAS. The suspension shall take effect immediately. SEC. 2. INVOCATION OF ARTICLE 20 OF THE INTER-AMERICAN DEMOCRATIC CHARTER. (a) Withholding of Contributions.--For every Permanent Council meeting of the Organization of American States (OAS) that, beginning after the date of the enactment of this Act, meets without the invocation of Article 20 of the Inter-American Democratic Charter and the ensuing discussion with regard to Venezuela's violation of such Charter, as guaranteed in such Charter, the Secretary of State shall withhold 20 percent of assessed and voluntary United States contributions to the OAS for the fiscal year in which each such meeting begins (or, if 20 percent is not available for withholding in such fiscal year, the Secretary shall withhold the highest percentage possible in such fiscal year and the remaining percentage in the subsequent fiscal year). (b) Resumption of Contributions.--The Secretary of State shall resume making assessed and voluntary United States contributions to the OAS upon the invocation of Article 20 and the discussion of Venezuela's violation of the Inter-American Democratic Charter at a meeting of the Permanent Council. (c) Deficit Reduction.--Amounts withheld pursuant to subsection (a) shall be applied to reduce the Federal budget deficit, or, for any fiscal year for which there is no Federal budget deficit, to reduce the Federal debt.

Directs the Secretary of State to: (1) withhold 20% of U.S. assessed and voluntary contributions to the Organization of American States (OAS) for every permanent council meeting at which Article 20 of the Inter-American Charter is not invoked with regard to Venezuela's recent constitutional reforms, and (2) resume making such contributions upon the invocation of Article 20 and the discussion of Venezuela's violation of the Inter-American Democratic Charter at a meeting of the Permanent Council of the OAS.

To withhold twenty percent of United States assessed and voluntary contributions to the Organization of American States (OAS) for every permanent council meeting that takes place where Article 20 of the Inter-American Charter is not invoked with regard to Venezuela's recent constitutional reforms, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Alien Notification Act''. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Homeland Security. (2) Law enforcement notification system.--The term ``law enforcement notification system'' means a secure information sharing system utilized by Federal, State, tribal, and local law enforcement agencies-- (A) to notify the identification bureaus, of the State from which an alien is being released and of the State in which the alien is intending to reside (if different), of the anticipated release of an inadmissible or deportable alien described in subparagraph (A), (B), (C), or (D) of section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) from the custody of U.S. Immigration and Customs Enforcement; and (B) to notify the Secretary of the release from custody of an alien who has been arrested for any offense described in subparagraphs (A) through (D) of section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)), the conviction of which would render the alien inadmissible under sections 212(a) and 237(a) of such Act (8 U.S.C. 1182(a) and 1227(a)). (3) Protection order.--The term ``protection order'' includes any injunction, restraining order, or any other order issued by a civil or criminal court to prevent violent or threatening acts or harassment against, sexual violence, or contact or communication with, or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court (whether obtained by filing an independent action or as a pendente lite order in another proceeding) if-- (A) a civil or criminal order was issued by a State, tribal, or territorial court in response to a complaint, petition, or motion filed by, or on behalf of, a person seeking protection; (B) such court has jurisdiction over the parties and matter under the law of such State, Indian tribe, or territory; (C) reasonable notice and opportunity to be heard is given to the person against whom the order is sought that is sufficient to protect that person's right to due process; and (D) in the case of ex parte orders, notice and opportunity to be heard is provided within the time required under the law of such State, Indian tribe, or territory and within a reasonable time after the order is issued to sufficiently protect the respondent's due process rights. (4) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (5) State.--The term ``State'' has the meaning given the term in section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)). SEC. 3. LAW ENFORCEMENT NOTIFICATION SYSTEM. Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a law enforcement notification system for every State. SEC. 4. PROTECTIVE ORDER NOTIFICATION SYSTEM. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a secure information sharing system that enables State, tribal, and local courts to notify the Secretary of a protective order issued against an inadmissible or deportable alien described in section 212(a) or 237(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a) and 1227(a)) who is under the supervision of the Secretary. (b) Construction.--Nothing in this section may be construed to authorize the Secretary to establish a system that allows for the inclusion of protection orders for anyone other than an inadmissible alien described in section 212(a) or 237(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a) and 1227(a)). SEC. 5. REPORTING REQUIREMENTS. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes the information specified in subsection (b). (b) Contents.--The report required under subsection (a) shall describe-- (1) the number of aliens currently present in the United States who have ever been arrested for a criminal offense; (2) the number of aliens currently present in the United States who have ever been convicted of a criminal offense; (3) the number of aliens with final orders of removal who are currently present in the United States and of such aliens-- (A) how many have ever been arrested for any criminal offense; and (B) how many have ever been convicted for any criminal offense; (4) the number of detainers that were issued by the Department during the previous fiscal year and the number of such detainers that were honored; (5) the number of times the Department was notified during the previous fiscal year of a protective order issued pursuant to this Act and, for each such notification-- (A) the actions taken by the Department; or (B) if no action was taken, the reasons for not taking action; (6) the number of times during the previous fiscal year that the Department was notified through the law enforcement notification system established under section 3 and, for each such notification-- (A) a list of offenses for which notification was provided; and (B)(i) the actions taken by the Department; or (ii) if no action was taken, the reasons for not taking action; and (7) the number of times during the previous fiscal year that the Department was notified by a State, tribal, or local law court through the system established under section 4 and, for each notification-- (A) the actions taken by the Department; or (B) if no action was taken, the reasons for not taking action.

Criminal Alien Notification Act This bill directs the Department of Homeland Security (DHS) to establish a law enforcement notification system for every state. "Law enforcement notification system" means a secure information sharing system utilized by federal, state, tribal, and local law enforcement agencies to: notify the identification bureaus of the state from which an alien is being released and of the state in which the alien is intending to reside of the anticipated release from U.S. Immigration and Customs Enforcement custody of an alien who is inadmissible or deportable under specified grounds, and notify DHS of the release from custody of an alien who has been arrested for certain offenses the conviction of any one of which would render the alien inadmissible. DHS shall establish a secure information sharing system that enables state, tribal, and local courts to notify DHS of a protective order issued against an inadmissible or deportable alien who is under DHS supervision.

Criminal Alien Notification Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telephone Metadata Reform Act''. SEC. 2. SEARCHES OF BULK CALLER DATA. (a) In General.--Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended-- (1) in section 501-- (A) in subsection (a)(1), by striking ``other items'' and inserting ``other items, but not including call data records''; and (B) in subsection (e), by inserting ``or section 502'' after ``this section''; (2) by redesignating section 502 as section 503; (3) by inserting after section 501 the following new section: ``SEC. 502. ACCESS TO CERTAIN CALL DATA RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS. ``(a) In General.-- ``(1) Application.--The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order directing a telecommunications carrier to search the call data records of such telecommunication carrier using a call data record as the basis of such search and to produce the results of such search in a format specified by the Director or such designee to the Director or such designee not later than 12 hours after being directed to do so. Each application under this paragraph shall-- ``(A) be made to a judge described in section 501(b)(1); ``(B) specify each telecommunications carrier that the applicant requests be directed to search call data records and produce the results of such search; and ``(C) include a statement of facts showing that there is a reasonable suspicion, based on specific and articulable facts, that the call data record to be used as the basis for the search is associated with a specific foreign terrorist organization, a specific clandestine intelligence activity, or specific foreign intelligence not concerning a United States person. ``(2) Order.-- ``(A) Review of application.--Upon an application made pursuant to paragraph (1), if the judge finds that the application meets the requirements of such paragraph, the judge shall enter an ex parte order as requested, or as modified, approving the application. ``(B) Presumption.--In reviewing an application under subparagraph (A), a judge shall consider a call data record presumptively associated with a specific foreign terrorist organization, a specific clandestine intelligence activity, or specific foreign intelligence not concerning a United States person if the applicant shows in the statement of the facts that such call data record pertains to-- ``(i) a foreign power or an agent of a foreign power; ``(ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or ``(iii) an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation. ``(b) Exigent Circumstances.-- ``(1) Emergency directive.--The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may direct a telecommunications carrier to search the call data records of such telecommunication carrier using a call data record as the basis of such search and to produce the results of such search in a format specified by the Director or such designee to the Director or such designee not later than 6 hours after being directed to do so if-- ``(A) the Director or such designee determines that the records sought are required due to exigent circumstances and that obtaining an order in accordance with subsection (a) would substantially delay an investigation; ``(B) the Director or such designee notifies a judge described in section 501(b)(1) not later than 24 hours after the Director or such designee exercises the authority under this subsection that the Director or such designee exercised such authority; and ``(C) an application for an order under subsection (a) with respect to the search and production of call data records conducted under such directive is made to such judge as soon as practicable, but not more than 5 days after the date on which the Director or such designee exercises the authority under this subsection. ``(2) Use of information.--If an application for an order requiring the search and production of the call data records acquired under an emergency directive issued under paragraph (1) is denied, or in any other case where the search and production of call data records pursuant to a directive issued under paragraph (1) is terminated and no order under this section is issued approving the search and production of such call data records-- ``(A) such call data records shall be destroyed; ``(B) any call data records acquired pursuant to a subsequent search under subsection (c) based on the call data records obtained under such directive shall be destroyed; ``(C) no information obtained or evidence derived from the search and production of call data records under such directive or from such subsequent search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof; and ``(D) no information concerning any United States person acquired from such search and production of call records shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person. ``(3) Enforcement.-- ``(A) Order to compel.--If a telecommunications carrier fails to comply with a directive issued pursuant to paragraph (1), the Attorney General may file a petition for an order to compel the telecommunications carrier to comply with the directive with a judge described in section 501(b)(1). ``(B) Review.--If a judge considering a petition submitted under subparagraph (A) finds that the directive meets the requirements of this section and is otherwise lawful, the judge shall issue an order requiring the telecommunications carrier to comply with such directive. ``(C) Contempt of court.--Failure to obey an order issued under this paragraph may be punished by the judge as contempt of court. ``(D) Process.--Any process under this paragraph may be served in any judicial district in which the telecommunications carrier may be found. ``(c) Subsequent Search Using Results of Initial Search.--The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may require a telecommunications carrier to conduct a search of the call data records of that telecommunications carrier using the results of a search conducted pursuant to an order under subsection (a) or a directive under subsection (b) as the basis for the search under this paragraph and to produce the results of such search under this paragraph in a format specified by the Director of such designee to the Director or such designee not later than 12 hours after being directed to do so. ``(d) Nondisclosure.-- ``(1) In general.--No person shall disclose to any other person that the Federal Bureau of Investigation has sought or obtained call data records pursuant to an order or directive under this section other than to-- ``(A) those persons to whom disclosure is necessary to comply with such order or such directive; ``(B) an attorney to obtain legal advice or assistance with respect to the search and production of call data records in response to such order or such directive; or ``(C) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. ``(2) Persons to whom an order is disclosed.-- ``(A) Applicability of nondisclosure requirement.-- A person to whom disclosure is made pursuant to paragraph (1) shall be subject to the nondisclosure requirements applicable to a person to whom an order is directed under this section in the same manner as such person. ``(B) Sharing of information on nondisclosure requirement.--Any person who discloses to a person described in subparagraph (A), (B), or (C) of paragraph (1) that the Federal Bureau of Investigation has sought or obtained call data records pursuant to an order under this section shall notify such person of the nondisclosure requirements of this paragraph. ``(e) Limitation on Retention of Information Related to United States Persons.--The Federal Government may not retain call data records obtained pursuant to an order under subsection (a), a directive under subsection (b), or a subsequent search under subsection (c) for a period of more than 5 years if such records contain call data records pertaining to, or reasonably believed to pertain to, a United States person-- ``(1) unless upon application to a judge described in section 501(b)(1) showing probable cause that such records are evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes and such judge finds such probable cause exists; or ``(2) except to the extent any portion of such records is lawfully used as part of a finished intelligence product. ``(f) Compensation.--The Government shall compensate, at the prevailing rate, a telecommunications carrier for providing call data records under this section. ``(g) Technical Assistance.--The Government may provide appropriate technical assistance to a telecommunications carrier to allow such telecommunications carrier to comply expeditiously with an order or directive under this section. ``(h) Report.--The Director of the Federal Bureau of Investigation shall annually submit to Congress and make publicly available a report relating to searches conducted pursuant to this section during the immediately preceding year. Such report shall include-- ``(1) the total number of searches conducted during such year; ``(2) the number of searches of United States telephone numbers (or telephone numbers reasonably believed to belong to a United States person) conducted during such year; ``(3) the total number of phone numbers that resulted from searches conducted during such year; ``(4) the number of United States telephone numbers, or telephone numbers reasonably believed to belong to a United States person, that resulted from such searches; ``(5) the number of times the Director or a designee of the Director exercised the authority under subsection (b) to issue a directive due to exigent circumstances; and ``(6) the number of times a court rejected an application made in accordance with subsection (b)(1)(C) and required the destruction of call data records produced pursuant to subsection (b)(1). ``(i) Definitions.--In this section: ``(1) Covered authorized investigation.--The term `covered authorized investigation'-- ``(A) means an authorized investigation (other than a threat assessment) conducted to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation; and ``(B) does not include an investigation of a United States person conducted solely upon the basis of activities protected by the first amendment to the Constitution. ``(2) Telecommunications carrier.--The term `telecommunications carrier' has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001).''; and (4) by adding at the end the following new section: ``SEC. 504. DEFINITIONS. ``In this title: ``(1) Agent of a foreign power; foreign intelligence information; foreign power; international terrorism.--The terms `agent of a foreign power', `foreign intelligence information', `foreign power', and `international terrorism' have the meanings given such terms in section 101. ``(2) Call data record.--The term `call data record' means communications routing information, including an original or terminating telephone number, an International Mobile Subscriber Identity, an International Mobile Station Equipment Identity, a trunk identifier, a telephone calling card number, the time or duration of a call, or original or terminating text-message numerical information.''. (b) Table of Contents Amendment.--The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 note) is amended by striking the item relating to section 502 and inserting the following new items: ``Sec. 502. Access to certain call data records for foreign intelligence and international terrorism investigations. ``Sec. 503. Congressional oversight. ``Sec. 504. Definitions.''. (c) Effective Date of Limitation on Acquisition of Telephone Metadata Under Existing Law.--Subparagraph (A) of subsection (a)(1) shall take effect on the date that is 180 days after the date of the enactment of this Act. (d) Limitation on Searches of Telephone Metadata Acquired Under Existing Law.-- (1) In general.--Subject to paragraphs (2) and (3), no person may conduct a search of call data records acquired pursuant to an order under section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861), as in effect on the day before the effective date described in subsection (c). (2) Exception.-- (A) Application.--The Director of the Federal Bureau of Investigation may make an application to a judge of the court established by section 103(a) (50 U.S.C. 1803(a)) of such Act to conduct a search of call data records described in paragraph (1). Such application shall include a statement of facts showing that there is a reasonable suspicion, based on specific and articulable facts, that the call data record to be used as the basis for the search is associated with a specific foreign terrorist organization, a specific clandestine intelligence activity, or specific foreign intelligence not concerning a United States person. (B) Review of application.--Upon an application made pursuant to subparagraph (A), if the judge finds that the application meets the requirements of such subparagraph, the judge shall enter an ex parte order as requested, or as modified, approving the application. (C) Presumption.--In reviewing an application under subparagraph (B), a judge shall consider a call data record presumptively associated with a specific foreign terrorist organization, a specific clandestine intelligence activity, or specific foreign intelligence not concerning a United States person if the applicant shows in the statement of the facts that such call data record pertains to-- (i) a foreign power or an agent of a foreign power; (ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (iii) an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation. (3) Expiration of exception.--Paragraph (2) shall not apply after the effective date described in subsection (c). (4) Call data record defined.--In this subsection, the term ``call data record'' has the meaning given the term in section 504 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a) of this section. (e) Rule of Construction.--Nothing in this Act or the amendments made by this Act shall be construed to-- (1) require a telecommunications carrier (as defined in section 502(f) of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a)) to maintain call data records (as defined in section 504 of such Act, as added by subsection (a)) for any specific period of time; or (2) authorize the collection or retention of the content of any telephone call.

Telephone Metadata Reform Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to exclude call data records from the categories of tangible things (commonly referred to as "business records") that the Federal Bureau of Investigation (FBI) may seek in an application to a FISA court for a production order under the current standard requiring reasonable grounds to believe that the things sought are relevant to an authorized investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities. Sets forth a separate framework for call data production orders that authorizes the FBI to apply for an order directing a telecommunications carrier to search call data records, using a call data record as the basis of such search, and to produce the search results within 12 hours if the application: (1) specifies each telecommunications carrier that the applicant requests be directed to produce call data records; and (2) includes facts showing a reasonable suspicion, based on specific and articulable facts, that the call data record to be used as the basis for the search is associated with a specific foreign terrorist organization, clandestine intelligence activity, or foreign intelligence not concerning a U.S. person. Authorizes the FBI, without a court order, to direct a telecommunications carrier to search call data records and produce results within 6 hours (such an FBI directive is referred to as an "emergency directive") if: (1) the records sought are required due to exigent circumstances and obtaining an order would substantially delay an investigation, (2) a FISA judge is notified within 24 hours, and (3) an application for a FISA court order is made within five days after the FBI exercises such authority. Requires, if the court denies an application for an order requiring the production of the call data records acquired under such an FBI emergency directive, or if the directive is terminated and an order is not issued to approve the production, that: (1) the call data records be destroyed, including records obtained from a subsequent search based on the initial search; (2) no information obtained or evidence derived from the search be received in evidence or disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a state, or a political subdivision; and (3) no information concerning a U.S. person be used or disclosed by federal officers or employees without the consent of such person. Permits the FBI to require a telecommunications carrier to: (1) conduct a subsequent search using the results of an initial search conducted pursuant to an order or an emergency directive, and (2) produce the results within 12 hours. Prohibits a person from disclosing that the FBI has sought or obtained call data records pursuant to an order or directive. Prohibits the federal government from retaining for more than five years call data records obtained pursuant to an order, directive, or subsequent authorized search if such records contain call records pertaining to a U.S. person: (1) unless, upon application to a FISA judge, the judge finds probable cause that such records are evidence of a crime (that has been, is being, or is about to be committed) and contain information to be retained or disseminated for law enforcement purposes; or (2) except to the extent any portion of such records is lawfully used in a finished intelligence product. Requires the government to compensate telecommunications carriers for providing call data records.

Telephone Metadata Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coaching Our Adolescents for College Heights Act'' or the ``COACH Act''. SEC. 2. PURPOSE. The purpose of this Act is to recruit and train recent graduates of 4-year institutions of higher education, and place the graduates in high schools, to increase the number of low- and middle-income high- achieving high school students who are entering and succeeding at a college that is appropriate for their level of academic achievement, by-- (1) building a strong college-going culture for all students in those high schools; and (2) working with cohorts of low- and middle-income high- achieving high school students to-- (A) provide guidance to ensure the students enroll and succeed in courses for college-bound students; and (B) provide intensive support during the college search and application processes. SEC. 3. PROGRAM. The National and Community Service Act of 1990 is amended by inserting after section 198D (42 U.S.C. 12653d) the following: ``SEC. 198E. COACH PILOT PROGRAM. ``(a) Definitions.--In this section: ``(1) Graduation rate.--The term `graduation rate' means the percentage described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(ii)). ``(2) High-achieving high school student.--The term `high- achieving high school student' means a high school student who scores in the top 50 percent of students on a student academic assessment described in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)). ``(3) High school.--The term `high school' means a secondary school in which the-- ``(A) entering grade of the school is not lower than grade 9; and ``(B) highest grade of the school is-- ``(i) grade 12; or ``(ii) in the case of a secondary school approved by a State to issue a regular diploma concurrently with a postsecondary degree or with not more than 2 years worth of postsecondary academic credit, grade 13. ``(4) Low-income student.--The term `low-income student' has the meaning given the term in section 1821 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6561). ``(5) Middle-income student.--The term `middle-income student' means a student from a family with a household income that is not more than 100 percent of the State median family income by family size, as measured by the Bureau of the Census. ``(b) COACH Pilot Program.-- ``(1) In general.--The Corporation shall award a contract to a nonprofit organization to plan and implement a 7-year pilot program. During the first year of the program, the nonprofit organization shall plan for the successful implementation of the program. In implementing the program, the organization shall recruit recent graduates of 4-year institutions of higher education, who commit to serving for 2 terms of service described in section 139(b)(1), as coaches to high-achieving high school students who are low-income students or middle-income students. ``(2) Responsibilities of nonprofit organizations.--The nonprofit organization shall-- ``(A) recruit and select a total of 100 coaches described in paragraph (1) through a highly selective national process; ``(B) provide preservice training to the coaches through a rigorous summer training session; ``(C) place the coaches in high schools-- ``(i) that have large numbers of students described in paragraph (1); ``(ii) where students described in paragraph (1) have, historically, attended college at low rates; and ``(iii) that, collectively, are within not more than 5 school districts; ``(D) provide ongoing support and professional development for the coaches; and ``(E) provide the coaches with the benefits described in section 140. ``(3) Matching requirement.--The Corporation may not award a contract to an organization under paragraph (1) unless that organization agrees that, with respect of the costs to be incurred by the organization in carrying out the program for which the contract was awarded, the organization will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to not less than $3 for every $1 of Federal funds provided under the contract. ``(4) Responsibilities of coaches.--Each coach placed in a high school under this section shall-- ``(A) work with all personnel and staff at the school to build a strong college-going culture within the school for all students in the school; ``(B) work with a cohort of not less than 25 and not more than 50 students described in paragraph (1), beginning in their freshman year of high school, to-- ``(i) provide guidance to ensure the students enroll and succeed in courses for college-bound students; ``(ii) assist the students and their parents in understanding the college application and admissions processes; ``(iii) provide access to information about, and assist the students and their parents in understanding, the college financial aid process, including assistance in completing the Free Application for Federal Student Aid and applying for scholarships for which the students are eligible; ``(iv) aid, and monitor the efforts of, each such student in selecting, enrolling in, and persisting in the institutions of higher education that best meet the student's educational and social needs and support the student's intellectual and social development; ``(v) assist, and monitor the efforts of, the students in completing multiple college applications; ``(vi) connect the students with appropriate summer academic enrichment programs, including tutoring and test preparation programs and other academic opportunities, to develop academic skills appropriate for college-bound students and enrich the academic experiences of the students in the cohort; and ``(vii) connect the students with summer internships and community service opportunities; and ``(C)(i) monitor the academic performance and social adjustment of the students in the cohort once the students enter their freshman year at an institution of higher education; and ``(ii) ensure those students are connected to needed support services at the institution of higher education. ``(5) Evaluation.-- ``(A) In general.--The Corporation shall award a contract to an independent agency with expertise in evaluating trends in student achievement to study the effects of the program carried out under this section on the achievement of participating students, and students in high schools participating in the program. ``(B) Measurement.--The evaluation described in subparagraph (A)-- ``(i) shall compare-- ``(I) participating high-achieving high school students who are low-income students or middle-income students, to similar high school students not participating in the program; and ``(II) all students in high schools participating in the program, to all students in similar high schools not participating in the program; and ``(ii) shall include measurements of-- ``(I) academic achievement on the student academic assessments described in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)); ``(II) high school graduation rates; ``(III) student attendance rates; ``(IV) rates of students taking Scholastic Aptitude Tests or ACT tests; ``(V) rates of students completing honors, Advanced Placement, or International Baccalaureate courses, if available; ``(VI) student rates of enrollment, persistence, and attainment in institutions of higher education; and ``(VII) success with respect to any other academic factor the Corporation determines is necessary. ``(6) Building on the coach pilot program.--If the evaluation under paragraph (5) demonstrates that the program carried out under this section was effective in improving student achievement, as measured by the indicators described in paragraph (5)(B)(ii), the Corporation, in collaboration with the agency described in paragraph (5)(A), shall develop a plan to include in the program as many students described in paragraph (1) as possible.''. SEC. 4. EDUCATIONAL AWARDS. (a) National Service Position Eligible for National Service Educational Award.--Section 123 of the National and Community Service Act of 1990 (42 U.S.C. 12573) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting before paragraph (8) the following: ``(7) A position involving service as a coach under section 198E.''. (b) Reservation of Approved Positions.--Section 129 of the National and Community Service Act of 1990 (42 U.S.C. 12581) is amended-- (1) in subsection (b)-- (A) by striking ``The Corporation'' and inserting the following: ``(1) VISTA volunteers and civilian community corps participants.--The Corporation''; and (B) by adding at the end the following: ``(2) Coaches.--The Corporation shall ensure that each individual selected by a nonprofit organization during a fiscal year as a coach under section 198E shall receive the national service educational award described in subtitle D if the individual satisfies the eligibility requirements for the award. Funds for approved national service positions required by this paragraph for a fiscal year shall be deducted from the funds appropriated under section 501(a)(2)(B)(ii).''; and (2) in subsection (f)-- (A) by inserting before ``The Corporation'' the following: ``(1) In general.--''; and (B) by striking the second sentence and inserting the following: ``(2) Adjustments.--The Corporation is authorized to make necessary and reasonable adjustments to the program rules-- ``(A) relating to coaches described in subsection (b)(2), if appropriations under section 501(a)(2)(B)(ii) are insufficient to provide the maximum allowable national service educational awards under subtitle D for all those coaches who are eligible for such an award; and ``(B) relating to participants (other than such coaches), if appropriations under section 501(a)(2)(A) are insufficient to provide the maximum allowable national service educational awards under subtitle D for all those participants who are eligible for such an award.''. (c) Term of Service.--Section 139(b) of the National and Community Service Act of 1990 (42 U.S.C. 12593(b)) is amended by adding at the end the following: ``(4) Multiple terms of service.--An individual who serves as a coach under section 198E for a period including 2 terms of service described in paragraph (1), and satisfies the eligibility requirements described in paragraph (1) for each term, shall-- ``(A) for purposes of this subsection, be considered to have served for 2 terms of 1 year; and ``(B) receive a national service educational award under section 147(a) for each of the 2 terms of service.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 501(a)(2) of the National and Community Service Act of 1990 (42 U.S.C. 12681(a)(2)) is amended-- (1) in subparagraphs (A) and (B), by inserting ``(other than assistance described in subparagraph (B)(i))'' after ``H of title I''; (2) in subparagraph (A), by inserting ``(other than awards described in subparagraph (B)(ii))'' after ``subtitle D of title I''; (3) by redesignating subparagraph (B) as subparagraph (C); and (4) by inserting after subparagraph (A) the following: ``(B) Coach pilot program.-- ``(i) Financial assistance.--There are authorized to be appropriated to provide financial assistance under section 198E, such sums as may be necessary for each of fiscal years 2009 through 2014. ``(ii) National service positions for coaches.--There are authorized to be appropriated to provide national service educational awards under subtitle D of title I for coaches under section 198E, such sums as may be necessary for each of fiscal years 2009 through 2014.''.

Coaching Our Adolescents for College Heights Act or the COACH Act - Amends the National and Community Service Act of 1990 to direct the Corporation for National and Community Service to award a contract to a nonprofit organization to establish a seven-year pilot program under which recent college graduates commit to two terms of service as coaches to high-achieving, low- or middle-income high school students in exchange for national service awards for each term of service. Requires such coaches, which are to total 100 and operate in no more than five school districts, to: (1) build a strong college-going culture for all students in high schools with historically low college attendance rates; and (2) provide limited cohorts of high-achieving, low- or middle-income students with guidance in studies suited to college-bound students, and support during the college search and application processes. Requires the nonprofit organization to raise $3 of nonfederal funds for every $1 of federal funds provided under the contract. Directs the Corporation to contract with an independent agency to study the effects of the pilot program on the achievement of participating students and students in participating high schools. Requires the Corporation to plan an expansion of such program if it is shown to be effective in improving student achievement.

A bill to amend the National and Community Service Act of 1990 to establish a program to provide college coaches to low- and middle-income high-achieving high school students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Job Creation and Investment Act''. SEC. 2. ELECTION TO TEMPORARILY UTILIZE UNUSED AMT CREDITS DETERMINED BY DOMESTIC WAGES AND DOMESTIC INVESTMENT. (a) In General.--Section 53 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Election for Corporations With Unused Credits.-- ``(1) In general.--If a corporation elects to have this subsection apply, then notwithstanding any other provision of law, the limitation imposed by subsection (c) for any such taxable year shall be increased by the AMT credit adjustment amount. ``(2) AMT credit adjustment amount.--For purposes of paragraph (1), the term `AMT credit adjustment amount' means with respect to any taxable year beginning in 2010 or 2011, the lesser of-- ``(A) a corporation's minimum tax credit determined under subsection (b), or ``(B) the sum of-- ``(i) 20 percent of new qualifying domestic compensation paid during such taxable year, determined by taking into account not more than $100,000 for each employee, plus ``(ii) 20 percent of new domestic investments made during such taxable year, plus ``(iii) 10 percent of qualifying domestic compensation paid during the preceding taxable year, determined by taking into account not more than $100,000 for each employee. ``(3) Qualifying domestic compensation.--For purposes of this subsection, the term `qualifying domestic compensation' means, with respect to any person for any taxable year of such person, the sum of the amounts described in paragraphs (3), (8), and (9) of section 6051(a) paid by such person with respect to employment of citizens or residents of the United States (within the meaning of section 7701(a)(30)(A)) by such person during the calendar year ending during such taxable year. ``(4) New qualifying domestic compensation.--For purposes of this subsection, the term `new qualifying domestic compensation' means qualifying domestic compensation paid with respect to employment of individuals the hiring date (or, in the case of furloughed employees, the recall date) of whom occurs during the taxable year. For purposes of the preceding sentence, rules similar to the rules of section 51(i)(1) shall apply. ``(5) New domestic investments.--For purposes of this subsection, the term `new domestic investments' means the cost of qualified property (as defined in section 168(k)(2)(A)(i))-- ``(A) the original use of which commences with the taxpayer during the taxable year, and ``(B) which is placed in service in the United States by the taxpayer during such taxable year. ``(6) Special maintenance of workforce rule.-- ``(A) In general.--In any taxable year beginning in 2011, paragraph (2)(B)(iii) shall apply only if the taxpayer's qualifying domestic compensation in such taxable year is at least 100 percent of such compensation in the preceding taxable year. ``(B) Acquisitions, etc.--For purposes of subparagraph (A), in determining the qualifying domestic compensation for the preceding taxable year, rules similar to the rules under subparagraphs (A) and (B) of section 41(f)(3) shall apply to adjust the compensation for acquisitions and dispositions (taxable or otherwise) of any major portion of a trade or business or any major portion of a separate unit of a trade or business. ``(7) Credit refundable.--For purposes of subsections (b) and (c) of section 6401, the aggregate increase in the credits allowable under part IV of subchapter A for any taxable year resulting from the application of this subsection shall be treated as allowed under subpart C of such part (and not to any other subpart). ``(8) Election.-- ``(A) In general.--An election under this subsection shall be made at such time and in such manner as prescribed by the Secretary, and once effective, may be revoked only with the consent of the Secretary. ``(B) Interim elections.--Until such time as the Secretary prescribes a manner for making an election under this subsection, a taxpayer is treated as having made a valid election by providing written notification to the Secretary and the Commissioner of Internal Revenue of such election. ``(9) Aggregation rule.--For purposes of this subsection-- ``(A) all corporations which are members of an affiliated group of corporations filing a consolidated tax return, and ``(B) all partnerships in which more than 50 percent of the capital and profits interest in the partnership are owned by the corporation (directly or indirectly) at all times during the taxable year in which an election under this subsection is in effect, shall be treated as a single corporation. ``(10) Application to partnerships.--In the case of a partnership-- ``(A) this subsection shall be applied at the partner level, and ``(B) each partner shall be treated as having for the taxable year an amount equal to such partner's allocable share of the qualifying domestic compensation, new qualifying domestic compensation, and new domestic investments of the partnership for such taxable year (as determined under regulations prescribed by the Secretary). ``(11) No double benefit.--Notwithstanding clause (iii)(II) of section 172(b)(1)(H), any taxpayer which has previously made an election under such section shall be deemed to have revoked such election by the making of its first election under this subsection. ``(12) Regulations.--The Secretary may issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this subsection, including to prevent fraud and abuse under this subsection. ``(13) Termination.--This subsection shall not apply to any taxable year that begins after December 31, 2011.''. (b) Quick Refund of Refundable Credit.--Section 6425 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Allowance of AMT Credit Adjustment Amount.--The amount of an adjustment under this section as determined under subsection (c)(2) for any taxable year may be increased to the extent of the corporation's AMT credit adjustment amount determined under section 53(g) for such taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

American Job Creation and Investment Act - Amends the Internal Revenue Code to allow a corporation to elect in 2010 and 2011 to increase its alternative minimum tax (AMT) credits by a specified credit adjustment amount for purposes of increasing its U.S. workforce and making investments in business equipment. Terminates such additional credit allowance after December 31, 2011.

A bill to amend the Internal Revenue Code of 1986 to allow companies to utilize existing alternative minimum tax credits to create and maintain United States jobs, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) Encouraging the participation in Federal contracting of small businesses owned and controlled by socially and economically disadvantaged individuals is in the Federal Government's interest, helps spur competition and innovation, and supports community-level economic revitalization and entrepreneurship. (2) Small businesses are key engines of economic growth, but they have had difficulties accessing Federal contracting and procurement opportunities and participating in federally funded projects, particularly in the area of transportation. (3) Congress has supported efforts to ensure that small businesses owned and controlled by socially and economically disadvantaged individuals are regular participants in projects funded by agencies throughout the Federal Government. (4) The United States Department of Transportation has used Disadvantaged Business Enterprise programs to ensure nondiscrimination in the award and administration of contracts by entities receiving funds through the Department's highway, transit, and airport financial assistance programs. (5) Congress and the Department have also worked to ensure that-- (A) Disadvantaged Business Enterprise programs are narrowly tailored to provide a level playing field on which small businesses owned and controlled by socially and economically disadvantaged individuals can compete fairly for contracts awarded by entities receiving Department assistance; (B) only small businesses that meet the eligibility requirements for Disadvantaged Business Enterprise programs are permitted to participate in such programs; (C) Disadvantaged Business Enterprise programs assist the development of small businesses that can compete successfully in the marketplace outside of such programs; and (D) recipients of Department assistance have appropriate flexibility in providing opportunities for small businesses owned and controlled by socially and economically disadvantaged individuals. (6) Congress has supported efforts to encourage veteran- owned small businesses to participate in Federal contracting and procurement opportunities, including by creating and strengthening programs and institutions for veterans who own or operate small businesses and requiring the President to establish an annual Government-wide goal of at least 3 percent for the award of procurement contracts to small businesses owned by service-disabled veterans. SEC. 2. PARTICIPATION OF DISADVANTAGED BUSINESS ENTERPRISES IN HIGH- SPEED RAIL PROJECTS. (a) In General.--Chapter 261 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 26107. Disadvantaged business enterprises ``(a) In General.--Except as provided in subsection (b), not less than 10 percent of the amounts made available for any project under sections 26101 and 26106 shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. ``(b) Exception.-- ``(1) Determination by secretary.--If the Secretary determines that the requirement of subsection (a) will prevent the satisfactory completion of a project described in such subsection because of a lack of competitive bids by small business concerns owned and controlled by socially and economically disadvantaged individuals, the Secretary may, with respect to such project, reduce the percentage stated in such subsection to the extent necessary to ensure satisfactory completion of such project. ``(2) Report to congress.--If the Secretary reduces the percentage as provided in paragraph (1), the Secretary shall submit to Congress a report describing the reduction and how the Secretary determined that the reduction was necessary to ensure satisfactory completion of the project involved. ``(c) Uniform Certification Criteria.--The Secretary shall establish minimum uniform criteria for a recipient of funds under section 26101 or 26106 to use in certifying whether a small business concern qualifies for purposes of this section. Such minimum criteria shall include on-site visits, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred. ``(d) Compliance With Court Orders.--Nothing in this section limits the eligibility of a person to receive funds made available under section 26101 or 26106 if the person is prevented, in whole or in part, from satisfying a requirement of this section because a Federal court issues a final order finding that such requirement is unconstitutional. ``(e) Definitions.--In this section, the following definitions apply: ``(1) Small business concern.--The term `small business concern' has the meaning given such term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)), except that such term does not include any concern, or group of concerns controlled by the same socially and economically disadvantaged individual or individuals, which has gross receipts over the preceding 3 fiscal years averaging in excess of $19,570,000 per year. The Secretary shall adjust annually for inflation the threshold amount in the preceding sentence. ``(2) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individuals' has the meaning given such term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)) and relevant subcontracting regulations issued under such Act, except that women shall be presumed to be socially and economically disadvantaged individuals.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 26106 the following new item: ``26107. Disadvantaged business enterprises.''. SEC. 3. SENSE OF CONGRESS REGARDING VETERAN-OWNED SMALL BUSINESSES. It is the sense of Congress that the Federal Government should continue to encourage participation by veteran-owned small businesses in Federal contracting and procurement opportunities and federally funded projects, including by making veteran-owned businesses a key part of the small business programs of the Department of Transportation and other Federal agencies.

Requires at least 10% of funds made available for high-speed rail corridor planning and development projects to be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals (disadvantaged business enterprises). Authorizes the Secretary of Transportation (DOT), however, if this requirement will prevent the satisfactory completion of a project because of a lack of competitive bids by disadvantaged business enterprises, to reduce the percentage for the project to the extent necessary to ensure its satisfactory completion. Requires the Secretary to establish minimum uniform criteria for recipients of high-speed rail corridor project funds to use in certifying small business concerns as disadvantaged business enterprises. Expresses the sense of Congress that the federal government should continue to encourage participation by veteran-owned small businesses in federal contracting and procurement opportunities and federally-funded projects, including the small business programs of the Department of Transportation (DOT) and other federal agencies.

To amend title 49, United States Code, to require that not less than 10 percent of the amounts made available for certain high-speed rail projects be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Medically Underserved Access to Care Act of 1999''. (b) Findings.--Congress finds the following: (1) Minority individuals living in medically underserved areas are generally less well-off socioeconomically, and are often sicker than the population that managed care organizations traditionally serve. (2) Many managed care organizations are not equipped to deal effectively with minorities in underserved areas and consequently may offer lower quality health care in such areas. (3) Often managed care organizations do not contract with physicians and other community-based service providers who traditionally serve medically underserved areas. (4) There is a concern among minority physicians that selective marketing practices and referral processes may keep minority and community-based physicians out of some managed care organizations. (5) Managed care organizations sometimes exclude physicians and other community-based health care providers who traditionally provide service to underserved areas; this is particularly the case among minority physicians who may be well established in their community based practices but are not board certified. SEC. 2. REQUIREMENT FOR SERVICE TO AREAS THAT INCLUDE A MEDICALLY UNDERSERVED POPULATION. (a) Requirement.-- (1) In general.--A managed care organization offering a managed care plan shall establish and maintain adequate arrangements, as defined under regulations of the Secretary, with a sufficient number, mix, and distribution of health care professionals and providers to assure that covered items and services are available and accessible to each enrollee under the plan-- (A) in the service area of the organization; (B) in a variety of sites of service; (C) with reasonable promptness (including reasonable hours of operation and after-hours services); (D) with reasonable proximity to the residences and workplaces of enrollees; and (E) in a manner that-- (i) takes into account the diverse needs of enrollees; and (ii) reasonably assures continuity of care. (2) Treatment of organizations serving certain areas.--For a managed care organization that serves a medically underserved area, the organization shall be treated as meeting the requirement of paragraph (1) if the organization has arrangements with a sufficient number, mix, and distribution of health care professionals and providers having a history of serving such areas. (b) Enforcement of Requirements.-- (1) Application to group health plans.-- (A) Public health service act.--For purposes of applying title XXVII of the Public Health Service Act, the requirements of subsection (a) shall be treated as though they were included in subpart 2 of part A of such title (42 U.S.C. 300gg-4 et seq.). (B) Employee retirement income security act of 1974.--For purposes of applying part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the requirements of subsection (a) shall be treated as though they were included in subpart B of such part (29 U.S.C. 1185 et seq.). (C) Internal revenue code of 1986.--For purposes of applying chapter 100 of the Internal Revenue Code of 1986, the requirements of subsection (a) shall be treated as though they were included in subchapter B of such chapter. (2) Application to individual health insurance coverage.-- For purposes of applying title XXVII of the Public Health Service Act, the requirements of subsection (a) also shall be treated as though they were part of subpart 2 of part B of such title (42 U.S.C. 300gg-51 et seq.). (3) Medicare.--The Secretary may not enter into a contract under section 1857 of the Social Security Act (42 U.S.C. 1395w- 27) with a Medicare+Choice organization that is a managed care organization unless the contract contains assurances satisfactory to the Secretary that the organization will comply with the applicable requirements of subsection (a) of this Act. (4) Medicaid.--Notwithstanding any other provision of law, no funds shall be paid to a State under section 1903(a)(1) of the Social Security Act (42 U.S.C. 1396b(a)(1)) with respect to medical assistance provided through payment to a medicaid managed care organization (as defined in section 1903(m)(1)(A) of such Act, 42 U.S.C. 1396b(m)(1)(A)) unless the contract with such organization contains assurances satisfactory to the Secretary that the organization will comply with the applicable requirements of subsection (a) of this Act. SEC. 3. ESTABLISHMENT OF GRANT PROGRAM. (a) In General.--The Secretary shall establish a program in the Office of Minority Health of the Department of Health and Human Services to award competitive grants to eligible nongovernmental agencies to enable such agencies to develop outreach programs to-- (1) inform individuals in medically underserved areas how to access managed care organizations in their communities; and (2) assist physicians and other health care professionals who serve in medically underserved areas to enroll as providers in managed care organizations in their communities. (b) Eligibility and Amount.-- (1) Eligibility.--The criteria necessary to receive a grant under this section shall be determined by the Secretary. (2) Amount.--The amount of a grant awarded to an agency under this section shall be determined by the Secretary. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Enrollee.--The term ``enrollee'' means, with respect to a managed care plan offered by a managed care organization, an individual enrolled with the organization for coverage under such a plan. (2) Health care professional.--The term ``health care professional'' means a physician or other health care practitioner who is licensed under State law with respect to the health care services the practitioner furnishes. (3) Health plan.--The term ``health plan'' means a group health plan or health insurance coverage offered by a health insurance issuer. (4) Managed care organization.--The term ``managed care organization'' means any entity, including a group health plan, health maintenance organization, or provider-sponsored organization, in relation to its offering of a managed care plan, and includes any other entity that provides or manages the coverage under such a plan under a contract or arrangement with the entity. (5) Managed care plan.--The term ``managed care plan'' means a health plan offered by an entity if the entity-- (A) provides or arranges for the provision of health care items and services to enrollees in the plan through participating health care professionals and providers; or (B) provides financial incentives (such as variable copayments and deductibles) to induce enrollees to obtain benefits through participating health care professionals and providers, or both. (6) Medically underserved area.--The term ``medically underserved area'' means an area that is designated as a health professional shortage area under section 332 of the Public Health Service Act (42 U.S.C. 254e) or as a medically underserved area for purposes of section 330 or 1302(7) of such Act (42 U.S.C. 254c, 300e-1(7)). (7) Participating.--The term ``participating'' means, with respect to a health care professional or provider in relation to a health plan offered by an entity, a physician or provider that furnishes health care items and services to enrollees of the entity under an agreement with the entity. (8) Primary care provider.--The term ``primary care provider'' means a health care professional who acts as a gatekeeper for the overall care of an enrollee. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services .

Treats as meeting such requirements any managed care organization serving a medically underserved area that has similar arrangements with health care professionals and providers having a history of serving such areas. Directs the Secretary to establish a program in the Office of Minority Health of the Department of Health and Human Services to award competitive grants to enable eligible nongovernmental agencies to develop outreach programs with regard to medically underserved areas.

Medically Underserved Access to Care Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century STEM for Underrepresented Students Act''. SEC. 2. STEM FOR UNDERREPRESENTED STUDENTS. (a) In General.--The Director of the National Science Foundation shall establish a program to provide grants on a merit-reviewed, competitive basis for research on programming that engages underrepresented students in grades kindergarten through 8 in STEM in order to prepare these groups to pursue undergraduate and graduate degrees or careers in STEM. (b) Use of Funds.-- (1) In general.--Grants awarded under this section shall be used toward research to advance the engagement of underrepresented students grades kindergarten through 8 in STEM through providing before-school, after-school, out-of-school, or summer activities, including programs (if applicable to the target population) provided in a single-gender environment, that are designed to encourage interest, engagement, and skills development of underrepresented students in STEM. Such research shall be conducted in learning environments that actively provide programming to underrepresented students in grades kindergarten through 8 in STEM. (2) Permitted activities.--Such activities may include-- (A) the provision of programming described in subsection (a) for the purpose of research; (B) the use of a variety of engagement methods including cooperative and hands-on learning; (C) exposure of underrepresented youth to role models in the fields of STEM and near-peer mentors; (D) training of informal learning educators and youth-serving professionals using evidence-based methods consistent with the target student population being served; (E) education of students on the relevance and significance of STEM careers, provision of academic advice and assistance, and activities designed to help students make real-world connections to STEM content activities; (F) the attendance of underrepresented youth at events, competitions, and academic programs to provide content expertise and encourage career exposure in STEM; (G) activities designed to engage parents of underrepresented youth; (H) innovative strategies to engage underrepresented youth, such as using leadership skill outcome measures to encourage youth with the confidence to pursue STEM coursework and academic study; (I) coordination with STEM-rich environments, including other nonprofit, nongovernmental organizations, classroom and out-of-classroom settings, institutions of higher education, vocational facilities, corporations, museums, or science centers; and (J) the acquisition of instructional materials or technology-based tools to conduct applicable grant activity. (c) Application.--An applicant seeking funding under the section shall submit an application at such time, in such manner, and containing such information as may be required. The application shall include, at a minimum, the following: (1) A description of the target audience to be served by the program, including an explanation and justification for why the target group ought to be considered as underrepresented students in one or more of the STEM fields. (2) A description of the process for recruitment and selection of students. (3) A description of how such research activity may inform programming that engages underrepresented students in grades kindergarten through 8 in STEM. (4) A description of how such research activity may inform programming that promotes student academic achievement in STEM. (5) An evaluation plan that includes, at a minimum, the use of outcome-oriented measures to determine the impact and efficacy of programming being researched. (d) Awards.--In awarding grants under this section, the Director shall give priority to applicants which, for the purpose of grant activity, include or partner with a nonprofit, nongovernmental organization that has extensive experience and expertise in increasing the participation of underrepresented students in STEM. (e) Evaluations.--Each applicant that receives funds under this section shall provide, at the conclusion of every year during which the funds are received, an evaluation in a form prescribed by the Director. This evaluation shall include both formative and summative evaluation. (f) Accountability and Dissemination.-- (1) Evaluation required.--Not later than 3 years after the date of enactment of this Act, the Director shall evaluate the program established under this section. In addition to evaluating the effectiveness of the program, such evaluation shall-- (A) use a common set of benchmarks and assessment tools to identify best practices and materials developed or demonstrated by the research; and (B) to the extent practicable, combine the research resulting from the grant activity with the current research on serving underrepresented students in grades kindergarten through 8. (2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the program. (g) Coordination.--In carrying out this section, the Director shall consult, cooperate, and coordinate, to enhance program effectiveness and to avoid duplication, with the programs and policies of other relevant Federal agencies.

21st Century STEM for Underrepresented Students Act - Requires the Director of the National Science Foundation (NSF) to provide merit-reviewed, competitive grants for research on programming that engages underrepresented students in grades kindergarten through 8 in STEM (science, technology, engineering, and mathematics) in order to prepare these groups to pursue undergraduate and graduate degrees or careers in STEM. Requires such grants to be used toward research to advance the engagement of these students in STEM through providing before-school, after-school, out-of-school, or summer activities designed to encourage interest, engagement, and skills development of underrepresented students in STEM. Requires the Director to give priority to applicants which, for the purpose of grant activity, include or partner with a nonprofit, nongovernmental organization that has extensive experience and expertise in increasing the participation of underrepresented students in STEM.

21st Century STEM for Underrepresented Students Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Hospital Emergency Repair Act''. SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS FOR PATIENT CARE IMPROVEMENTS. (a) In General.--(1) The Secretary of Veterans Affairs is authorized to carry out major medical facility projects in accordance with this section, using funds appropriated for fiscal year 2002 or fiscal year 2003 pursuant to section 3. The cost of any such project may not exceed $25,000,000, except that up to two projects per year may be carried out at a cost not to exceed $30,000,000 for the purpose stated in subsection (c)(1). (2) Projects carried out under this section are not subject to section 8104(a)(2) of title 38, United States Code. (b) Type of Projects.--A project carried out under subsection (a) may be carried out only at a Department of Veterans Affairs medical center and only for the purpose of-- (1) improving a patient care facility; (2) replacing a patient care facility; (3) renovating a patient care facility; (4) updating a patient care facility to contemporary standards; or (5) improving, replacing, or renovating a research facility or updating such a facility to contemporary standards. (c) Purpose of Projects.--In selecting medical centers for projects under subsection (a), the Secretary shall select projects to improve, replace, renovate, or update facilities to achieve one or more of the following: (1) Seismic protection improvements related to patient safety (or, in the case of a research facility, patient or employee safety). (2) Fire safety improvements. (3) Improvements to utility systems and ancillary patient care facilities (including such systems and facilities that may be exclusively associated with research facilities). (4) Improved accommodation for persons with disabilities, including barrier-free access. (5) Improvements at patient care facilities to specialized programs of the Department, including the following: (A) Blind rehabilitation centers. (B) Inpatient and residential programs for seriously mentally ill veterans, including mental illness research, education, and clinical centers. (C) Residential and rehabilitation programs for veterans with substance-use disorders. (D) Physical medicine and rehabilitation activities. (E) Long-term care, including geriatric research, education, and clinical centers, adult day care centers, and nursing home care facilities. (F) Amputation care, including facilities for prosthetics, orthotics programs, and sensory aids. (G) Spinal cord injury centers. (H) Traumatic brain injury programs. (I) Women veterans' health programs (including particularly programs involving privacy and accommodation for female patients). (J) Facilities for hospice and palliative care programs. (d) Review Process.--(1) Before a project is submitted to the Secretary with a recommendation that it be approved as a project to be carried out under the authority of this section, the project shall be reviewed by a board within the Department of Veterans Affairs that is independent of the Veterans Health Administration and that is constituted by the Secretary to evaluate capital investment projects. The board shall review each such project to determine the project's relevance to the medical care mission of the Department and whether the project improves, renovates, repairs, or updates facilities of the Department in accordance with this section. (2) In selecting projects to be carried out under the authority provided by this section, the Secretary shall consider the recommendations of the board under paragraph (1). In any case in which the Secretary selects a project to be carried out under this section that was not recommended for such approval by the board under paragraph (1), the Secretary shall include in the report of the Secretary under section 4(b) notice of such selection and the Secretary's reasons for not following the recommendation of the board with respect to that project. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary of Veterans Affairs for the Construction, Major Projects, account for projects under section 2-- (1) $250,000,000 for fiscal year 2002; and (2) $300,000,000 for fiscal year 2003. (b) Limitation.--Projects may be carried out under section 2 only using funds appropriated pursuant to the authorization of appropriations in subsection (a), except that funds appropriated for advance planning may be used for the purposes for which appropriated in connection with such projects. SEC. 4. REPORTS. (a) GAO Report.--Not later than April 1, 2003, the Comptroller General shall submit to the Committees on Veterans' Affairs and on Appropriations of the Senate and House of Representatives a report evaluating the advantages and disadvantages of congressional authorization for projects of the type described in section 2(b) through general authorization as provided by section 2(a), rather than through specific authorization as would otherwise be applicable under section 8104(a)(2) of title 38, United States Code. Such report shall include a description of the actions of the Secretary of Veterans Affairs during fiscal year 2002 to select and carry out projects under section 2. (b) Secretary Report.--Not later than 120 days after the date on which the site for the final project under section 2 is selected, the Secretary shall submit to the committees referred to in subsection (a) a report on the authorization process under section 2. The Secretary shall include in the report the following: (1) A listing by project of each such project selected by the Secretary under that section, together with a prospectus description of the purposes of the project, the estimated cost of the project, and a statement attesting to the review of the project under section 2(c), and, if that project was not recommended by the board, the Secretary's justification under section 2(d) for not following the recommendation of the board. (2) An assessment of the utility to the Department of Veterans Affairs of that authorization process. (3) Such recommendations as the Secretary considers appropriate for future congressional policy for authorizations of major and minor medical facility construction projects for the Department of Veterans Affairs. (4) Any other matter that the Secretary considers to be appropriate with respect to oversight by Congress of capital facilities projects of the Department of Veterans Affairs. Passed the House of Representatives March 27, 2001. Attest: JEFF TRANDAHL, Clerk.

Veterans Hospital Emergency Repair Act - Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects at Department of Veterans Affairs medical centers for improving, replacing, renovating, or updating patient care facilities or research facilities. Requires the Secretary to use FY 2002 or 2003 appropriated funds for such purpose. Limits the cost of any project to $25 million, except that up to two projects a year for seismic protection improvements related to patient safety may be carried out at a cost of up to $30 million. Requires an independent board within the Department to review projects before their selection.Authorizes appropriations.Requires reports from the Comptroller General and the Secretary to the congressional veterans' committees concerning the authorization for such projects.

To authorize the Secretary of Veterans Affairs to carry out construction projects for the purpose of improving, renovating, and updating patient care facilities at Department of Veterans Affairs medical centers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``H-1B Visa Fraud Prevention Act of 2007''. SEC. 2. H-1B EMPLOYER REQUIREMENTS. (a) Prohibition of Outplacement.-- (1) In general.--Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended-- (A) in paragraph (1), by amending subparagraph (F) to read as follows: ``(F) The employer shall not place, outsource, lease, or otherwise contract for the placement of an alien admitted or provided status as an H-1B nonimmigrant with another employer if the worksite of the receiving employer is located in a different State;'' and (B) in paragraph (2), by striking subparagraph (E). (2) Effective date.--The amendments made by paragraph (1) shall apply to applications filed on or after the date of the enactment of this Act. (b) Immigration Documents.--Section 204 of such Act (8 U.S.C. 1154) is amended by adding at the end the following: ``(l) Employer To Share All Immigration Paperwork Exchanged With Federal Agencies.--Not later than 10 working days after receiving a written request from a former, current, or future employee or beneficiary, an employer shall provide the employee or beneficiary with the original (or a certified copy of the original) of all petitions, notices, and other written communication exchanged between the employer and the Department of Labor, the Department of Homeland Security, or any other Federal agency that is related to an immigrant or nonimmigrant petition filed by the employer for the employee or beneficiary.''. SEC. 3. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS. (a) Safeguards Against Fraud and Misrepresentation in Application Review Process.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended-- (1) in the undesignated paragraph at the end, by striking ``The employer'' and inserting the following: ``(H) The employer''; and (2) in subparagraph (H), as designated by paragraph (1) of this subsection-- (A) by inserting ``and through the Department of Labor's website, without charge.'' after ``D.C.''; (B) by inserting ``, clear indicators of fraud, misrepresentation of material fact,'' after ``completeness''; (C) by striking ``or obviously inaccurate'' and inserting ``, presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate''; (D) by striking ``within 7 days of'' and inserting ``not later than 14 days after''; and (E) by adding at the end the following: ``If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing under paragraph (2).''. (b) Investigations by Department of Labor.--Section 212(n)(2) of such Act is amended-- (1) in subparagraph (A), by striking ``The Secretary shall conduct'' and all that follows and inserting ``Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred.''; (2) in subparagraph (C)(i)-- (A) by striking ``a condition of paragraph (1)(B), (1)(E), or (1)(F)'' and inserting ``a condition under subparagraph (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; and (B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)''; (3) in subparagraph (G)-- (A) in clause (i), by striking ``if the Secretary'' and all that follows and inserting ``with regard to the employer's compliance with the requirements of this subsection.''; (B) in clause (ii), by striking ``and whose identity'' and all that follows through ``failure or failures.'' and inserting ``the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements of this subsection.''; (C) in clause (iii), by striking the last sentence; (D) by striking clauses (iv) and (v); (E) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (F) by amending clause (v), as redesignated, to read as follows: ``(v) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. A determination by the Secretary under this clause shall not be subject to judicial review.''; (G) in clause (vi), as redesignated, by striking ``An investigation'' and all that follows through ``the determination.'' and inserting ``If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination.''; and (H) by adding at the end the following: ``(vii) The Secretary of Labor may impose a penalty under subparagraph (C) if the Secretary, after a hearing, finds a reasonable basis to believe that-- ``(I) the employer has violated the requirements under this subsection; and ``(II) the violation was not made in good faith.''; and (4) by striking subparagraph (H). (c) Information Sharing Between Department of Labor and Department of Homeland Security.--Section 212(n)(2) of such Act, as amended by this section, is further amended by inserting after subparagraph (G) the following: ``(H) The Director of United States Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by H-1B employers as part of the adjudication process that indicates that the employer is not complying with H-1B visa program requirements. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.''. (d) Audits.--Section 212(n)(2)(A) of such Act, as amended by this section, is further amended by adding at the end the following: ``The Secretary may conduct surveys of the degree to which employers comply with the requirements under this subsection and may conduct annual compliance audits of employers that employ H-1B nonimmigrants.''. (e) Penalties.--Section 212(n)(2)(C) of such Act, as amended by this section, is further amended-- (1) in clause (i)(I), by striking ``$1,000'' and inserting ``$2,000''; (2) in clause (ii)(I), by striking ``$5,000'' and inserting ``$10,000''; and (3) in clause (vi)(III), by striking ``$1,000'' and inserting ``$2,000''. (f) Information Provided to H-1B Nonimmigrants Upon Visa Issuance.--Section 212(n) of such Act, as amended by this section, is further amended by inserting after paragraph (2) the following: ``(3)(A) Upon issuing an H-1B visa to an applicant outside the United States, the issuing office shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers' rights; and ``(iii) a copy of the employer's H-1B application for the position that the H-1B nonimmigrant has been issued the visa to fill. ``(B) Upon the issuance of an H-1B visa to an alien inside the United States, the officer of the Department of Homeland Security shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer's obligations and workers' rights; and ``(iii) a copy of the employer's H-1B application for the position that the H-1B nonimmigrant has been issued the visa to fill.''. SEC. 4. H-1B WHISTLEBLOWER PROTECTIONS. Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)(iv)) is amended-- (1) by inserting ``take, fail to take, or threaten to take or fail to take, a personnel action, or'' before ``to intimidate''; and (2) by adding at the end the following: ``An employer that violates this clause shall be liable to the employees harmed by such violation for lost wages and benefits.''. SEC. 5. FRAUD ASSESSMENT. Not later than 30 days after the date of the enactment of this Act, the Director of United States Citizenship and Immigration Services shall submit to Congress a fraud risk assessment of the H-1B visa program.

H-1B Visa Fraud Prevention Act of 2007 - Amends the Immigration and Nationality Act to revise employer and government requirements with respect to H-1B (specialty occupation) nonimmigrant aliens. Increases labor condition application penalties. Provides H-1B alien whistleblower protections. Requires the Director of United States Citizenship and Immigration Services to submit to Congress a fraud risk assessment of the H-1B visa program.

A bill to amend the Immigration and Nationality Act to reduce fraud in certain visa programs for aliens working temporarily in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumers Rebate to ban Emissions and Boost AlTernative Energy Act'' or the ``Consumers REBATE Act''. SEC. 2. EXCISE TAX ON CARBON DIOXIDE CONTENT OF COAL, OIL, AND NATURAL GAS. (a) In General.--The Internal Revenue Code of 1986 is amended by adding at the end the following: ``Subtitle L--Carbon Dioxide Content of Coal, Oil, and Natural Gas ``Sec. 9901. Imposition of tax. ``Sec. 9902. Carbon equivalency fee. ``Sec. 9903. Definitions. ``Sec. 9904. Special rules. ``SEC. 9901. IMPOSITION OF TAX. ``(a) In General.--There is hereby imposed a tax on producing at the wellhead or mine in the United States, or importing, a taxable carbon substance. ``(b) Rate of Tax.-- ``(1) In general.--The tax imposed under subsection (a) shall be the applicable amount per ton of carbon dioxide content of the life-cycle emissions from the taxable carbon substance. ``(2) Applicable amount.--For purposes of paragraph (1)-- ``(A) For calendar year 2016, the term `applicable amount' means $15. ``(B) For a calendar year after 2016, the term `applicable amount' means the amount in effect under subparagraph (A) for the preceding calendar plus $15. ``(3) Target attainment year.-- ``(A) In general.--For any calendar year that is a target attainment year, paragraph (2)(B) shall be applied by substituting `zero dollars' for `$15'. ``(B) Target attainment year.--For purposes of subparagraph (A), the term `target attainment year' means any calendar year for which the Secretary of the Treasury, in consultation with the Administrator of the Environmental Protection Agency, determines that the life-cycle emissions from taxable carbon substances in the United States is 50 percent of the life-cycle emissions from taxable carbon substances in the United States in 2005. Each determination under the preceding year shall be made not later than 180 days before the beginning of the calendar year to which it relates. ``(c) By Whom Paid.--The tax imposed by subsection (a) shall be paid by the producer, miner, or importer of the taxable carbon substance. ``(d) Regulations.--The Secretary shall issue such regulations as may be necessary or appropriate to carry out this subtitle, including regulations relating to the timely and efficient issuance of permits and collection of payments for such permits. ``SEC. 9902. CARBON EQUIVALENCY FEE. ``(a) Purpose.--The purpose of this section is to ensure the environmental effectiveness of this subtitle. ``(b) Imports.--The Secretary shall impose carbon equivalency fees to be collected by the Commissioner responsible for U.S. Customs and Border Control on imports of goods containing or produced using a taxable carbon substance. The amount of the carbon equivalency fee with respect to the import of any good shall be equal to the cost that domestic producers of a comparable good incur as a result of-- ``(1) the tax imposed under section 9901, and ``(2) carbon equivalency fees imposed under this subsection on any goods used in the production of such good. ``(c) Expiration.--This section shall cease to have effect at such time as and to the extent that-- ``(1) an international agreement requiring countries that emit carbon dioxide or produce goods containing or using taxable carbon substances to adopt equivalent measures comes into effect, or ``(2) the country of export has implemented equivalent measures, as determined by the Secretary, in consultation with the Secretary of State. ``SEC. 9903. DEFINITIONS. ``For purposes of this subtitle-- ``(1) Taxable carbon substance.--The term `taxable carbon substance' means-- ``(A) coal, ``(B) oil, and ``(C) natural gas. ``(2) Coal.--The term `coal' includes lignite, anthracite, bituminous, subbituminous, peat or other forms of what is commonly referred to as coal produced from a mine. ``(3) Oil.--The term `oil' includes crude oil condensates, natural gasoline, shale oil, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture, and any oil derived from kerogen-bearing sources. ``(4) Natural gas.--The term `natural gas' means either natural gas unmixed, or any mixture of natural and artificial gas. ``(5) Life-cycle emissions.--The term `life-cycle emissions' means total life-cycle emissions of carbon dioxide from a taxable carbon substance which shall be determined by the Administrator of the Environmental Protection Agency. ``(6) United states.--The term `United States' means the States, and territory or possession of the United States, and the District of Columbia. ``SEC. 9904. SPECIAL RULES. ``(a) Export.--For purposes of this subtitle-- ``(1) In general.--No tax shall be imposed under section 9901 on the production or mining of a taxable carbon substance which is intended for export, including the sale or resale by a purchaser to a second purchaser for export. ``(2) Proof of export required.--Rules similar to the rules of section 4221(b) shall apply for purposes of paragraph (1). ``(3) Credit or refund where tax paid.-- ``(A) In general.--Except as provided in subparagraph (B), if-- ``(i) tax under section 9901 was paid with respect to any taxable carbon substance, and ``(ii)(I) such substance was exported by any person, or ``(II) such substance was used as a material in the manufacture or production of a substance which was exported by any person and which, at the time of export, was a taxable carbon substance (as defined in section 9902(1)), credit or refund (without interest) of such tax shall be allowed or made to the person who paid such tax. ``(B) Condition to allowance.--No credit or refund shall be allowed or made under subparagraph (A) unless the person who paid the tax establishes that he-- ``(i) has repaid or agreed to repay the amount of the tax to the person who exported the taxable chemical or taxable substance (as so defined), or ``(ii) has obtained the written consent of such exporter to the allowance of the credit or the making of the refund. ``(4) Refunds directly to exporter.--The Secretary shall provide, in regulations, the circumstances under which a credit or refund (without interest) of the tax under section 9901 shall be allowed or made to the person who exported the taxable carbon substance, where-- ``(A) the person who paid the tax waives his claim to the amount of such credit or refund, and ``(B) the person exporting the taxable carbon substance provides such information as the Secretary may require in such regulations. ``(5) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection.''. (b) Quarterly Payments to Eligible Individuals.-- (1) In general.--From amounts deposited in the Treasury of the United States pursuant to section 9901 of the Internal Revenue Code of 1986, the Secretary shall make a payment for each calendar quarter to each eligible individual. (2) Quarterly payment.--For purposes of paragraph (1), the amount of each payment with respect to an eligible individual shall be the amount determined by the Secretary by dividing-- (A) for the years 2017 through 2026-- (i) the total amount deposited in the Treasury of the United States pursuant to section 9901 of the Internal Revenue Code of 1986 for the preceding calendar quarter, by (ii) the total number of eligible individuals for such preceding calendar quarter, and (B) for year 2027 and subsequent years-- (i) the smaller of-- (I) the average of the total amounts deposited in the Treasury of the United States pursuant to section 9901 of the Internal Revenue Code of 1986 for the four quarters of 2026, and (II) the total amount deposited in the Treasury of the United States pursuant to section 9901 of the Internal Revenue Code of 1986 for the preceding calendar quarter, by (ii) the total number of eligible individuals for such preceding calendar quarter. (3) Eligible individual.--For purposes of this subsection, the term ``eligible individual'' means, with respect to any quarter, any individual with a valid social security number (other than a nonresident undocumented individual) who is lawfully present in the United States for such quarter, as determined and verified by the Secretary in consultation with any other Federal entity the Secretary determines appropriate. (4) United states.--For purposes of this subsection, the term ``United States'' means the States, and territory or possession of the United States, and the District of Columbia. (c) Conforming and Clerical Amendments.-- (1) The table of subtitles for the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Subtitle L. Carbon Dioxide Content of Coal, Oil, and Natural Gas''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2017.

Consumers Rebate to ban Emissions and Boost AlTernative Energy Act or the Consumers REBATE Act This bill amends the Internal Revenue Code to impose as of January 1, 2017, an excise tax on the production or importation of a taxable carbon substance (i.e., coal, oil, and natural gas), payable by the producer, miner, or importer of such substance. The tax does not apply to exports of a taxable carbon substance. The bill requires the Department of the Treasury to: (1) impose carbon equivalency fees on imports of goods containing or produced using a taxable carbon substance; and (2) make quarterly payments, from the amounts deposited pursuant to imposition of the carbon excise tax, to lawful residents of the United States with a valid social security number.

Consumers REBATE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Slamming Protection Act''. SEC. 2. ADDITIONAL PROTECTIONS AGAINST UNAUTHORIZED CHANGES OF PROVIDERS OF TELEPHONE SERVICE. Section 258 of the Communications Act of 1984 (47 U.S.C. 258) is amended by adding at the end the following: ``(c) Criminal Penalties.-- ``(1) Persons.--Any person who executes a change in a provider of telephone exchange service or telephone toll service in willful violation of the procedures prescribed under subsection (a)-- ``(A) shall be fined not more than $1,000, imprisoned not more than 30 days, or both, for the first offense; and ``(B) shall be fined not more than $10,000, imprisoned not more than 9 months, or both, for any subsequent offense. ``(2) Telecommunications carriers.--Any telecommunications carrier who executes a change in a provider of telephone exchange service or telephone toll service in willful violation of the procedures prescribed under subsection (a) shall be fined not more than $50,000 for the first offense and shall be fined not more than $100,000 for any subsequent offense. ``(d) Private Right of Action.-- ``(1) In general.--A subscriber whose provider of telephone exchange service or telephone toll service is changed in violation of the procedures prescribed under subsection (a) may, within one year after discovery of the change, bring in an appropriate court an action-- ``(A) for an order to revoke the change; ``(B) for an award of damages in an amount equal to the greater of-- ``(i) the actual monetary loss resulting from the change; or ``(ii) an amount not to exceed $2,000; or ``(C) for relief under both subparagraphs (A) and (B). ``(2) Increased award.--If the court finds that the defendant executed the change in willful and knowing violation of the procedures prescribed under subsection (a), the court may, in its discretion, increase the amount of the award under paragraph (1) to an amount equal to not more than three times the maximum amount awardable under subparagraph (B) of that paragraph. ``(e) Actions by States.-- ``(1) Authority of states.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of unauthorized changes in providers of telephone exchange service or telephone toll service of residents in such State in violation of the procedures prescribed under subsection (a), the State may bring a civil action on behalf of its residents to enjoin such practices, to recover damages equal to the actual monetary loss suffered by such residents, or both. If the court finds the defendant executed such changes in willful and knowing violation of such procedures, the court may, in its discretion, increase the amount of the award to an amount equal to not more than three times the amount awardable under the preceding sentence. ``(2) Exclusive jurisdiction of federal courts.--The district courts of the United States shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to award declaratory relief, or orders affording like relief, commanding the defendant to comply with the procedures prescribed under subsection (a). Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. ``(3) Notice to commission.--A State shall serve prior written notice of any civil action under this subsection upon the Commission with a copy of its complaint, except in any case where prior notice is not feasible, in which case the State shall serve such notice immediately after instituting such action. ``(4) Rights of commission.--Upon receiving notice of an action under this subsection, the Commission shall have the right-- ``(A) to intervene in the action; ``(B) upon so intervening, to be heard on all such matters arising therein; and ``(C) to file petitions for appeal. ``(5) Venue; service of process.--Any civil action under this subsection may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. ``(6) Effect on state court proceedings.--Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. ``(f) Class Actions.--For any class action brought with respect to the violation of the procedures prescribed under subsection (a), the total damages awarded may not exceed an amount equal to three times the total actual damages suffered by the members of the class, irrespective of the minimum damages provided for in subsection (d). ``(g) No Preemption of State Law.--Nothing in this section shall preempt the availability of relief under State law for unauthorized changes of providers of intrastate telephone exchange service or telephone toll service.''.

Slamming Protection Act - Amends the Communications Act of 1934 to prescribe criminal penalties for the willful and unlawful execution of changes in a subscriber's selection of a telephone exchange or toll service provider. Authorizes affected subscribers to bring actions for an order to revoke the change and for the award of damages. Permits States to bring civil actions on behalf of residents to enjoin unlawful change practices and to recover damages equal to the actual monetary loss suffered by such residents. Authorizes the court to increase damage awards by up to three times the maximum allowable award for willful and knowing violations. Grants U.S. district courts exclusive jurisdiction over such civil actions. Provides for declaratory and injunctive relief with respect to such actions. Grants the Federal Communications Commission the right to intervene in actions. Limits total damages awarded in class actions brought under this Act to three times the total actual damages suffered by members of the class.

Slamming Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Standardized School Report Card Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the report ``Quality Counts 99'', by Education Week, 36 States require the publishing of annual report cards on individual schools, but the content of the report cards varies widely. (2) The content of most of the report cards described in paragraph (1) does not provide parents with the information the parents need to measure how their school or State is doing compared with other schools and States. (3) Ninety percent of taxpayers believe that published information about individual schools would motivate educators to work harder to improve the schools' performance. (4) More than 60 percent of parents and 70 percent of taxpayers have not seen an individual report card for their area school. (5) Dissemination of understandable information about schools can be an important tool for parents and taxpayers to measure the quality of the schools and to hold the schools accountable for improving performance. SEC. 3. PURPOSE. The purpose of this Act is to provide parents, taxpayers, and educators with useful, understandable school report cards. SEC. 4. DEFINITIONS. The terms used in this Act have the meanings given the terms under section 14101 of the Elementary and Secondary Education Act of 1965. SEC. 5. REPORT CARDS. (a) State Report Cards.--Each State educational agency receiving assistance under the Elementary and Secondary Education Act of 1965 shall produce and widely disseminate an annual report card for parents, the general public, teachers and the Secretary of Education, in easily understandable language, with respect to elementary schools and secondary schools in the State. The report card shall contain information regarding-- (1) student performance on statewide assessments in language arts, mathematics and history, plus any other subject areas in which the State requires assessments, including-- (A) comparisons with students from different school districts within the State, and, to the extent possible, comparisons with students throughout the Nation; (B) a statement on the 3-year trend in the percentage of students performing at the basic, proficient, and advanced levels; and (C) a statement of the percentage of students not tested and a listing of categories of the reasons why such students were not tested; (2) attendance and 4-year graduation rates, the number of students completing advanced placement courses, and the annual school dropout rate, as calculated by procedures conforming with the National Center for Education Statistics Common Core of Data; (3) professional qualifications of teachers in the State, including the percentage of class sections taught by teachers who are not certified to teach in that subject, and the percentage of teachers with emergency or provisional certification; (4) average class size in the State broken down by school level; (5) school safety, including the safety of school facilities, incidents of school violence and drug and alcohol abuse, and the number of instances in which a student was determined to have brought a firearm to school under the State law described in the Gun-Free Schools Act of 1994 and the incidence of student suspensions and expulsions; (6) to the extent practicable, parental involvement, as measured by the extent of parental participation in school parental involvement policies described in section 1118(b) of the Elementary and Secondary Education Act of 1965; (7) student access to technology, including the number of computers for educational purposes, the number of computers per classroom, and the number of computers connected to the Internet; (8) information regarding the schools identified by the State for school improvement; and (9) other indicators of school performance and quality. (b) School Report Cards.--Each school receiving assistance under the Elementary and Secondary Education Act of 1965, or the local educational agency serving that school, shall produce and widely disseminate an annual report card for parents, the general public, teachers and the State educational agency, in easily understandable language, with respect to elementary or secondary education, as appropriate, in the school. The report card shall contain information regarding-- (1) student performance in the school on statewide assessments in language arts, mathematics, and history, plus any other subject areas in which the State requires assessments, including-- (A) comparisons with other students within the school district, in the State, and, to the extent possible, in the Nation; (B) a statement on the 3-year trend in the percentage of students performing at the basic, proficient, and advanced levels; and (C) a statement of the percentage of students not tested and a listing of categories of the reasons why such students were not tested; (2) attendance and 4-year graduation rates, the number of students completing advanced placement courses, and the annual school dropout rate, as calculated by procedures conforming with the National Center for Education Statistics Common Core of Data; (3) professional qualifications of the school's teachers, including the percentage of class sections taught by teachers not certified to teach in that subject, and the percentage of teachers with emergency or provisional certification; (4) average class size in the school broken down by school level, and the enrollment of students compared to the rated capacity of the school; (5) school safety, including the safety of the school facility, incidents of school violence and drug and alcohol abuse, the number of instances in which a student was determined to have brought a firearm to school under the State law described in the Gun-Free Schools Act of 1994, and the incidence of student suspensions and expulsions; (6) parental involvement, as measured by the extent of parental participation in school parental involvement policies described in section 1118(b) of the Elementary and Secondary Education Act of 1965; (7) student access to technology, including the number of computers for educational purposes, the number of computers per classroom, and the number of computers connected to the Internet; (8) information regarding whether the school has been identified for school improvement; and (9) other indicators of school performance and quality. (c) Model School Report Cards.--The Secretary of Education shall use funds made available to the Office of Educational Research and Improvement to develop a model school report card for dissemination, upon request, to a school, local educational agency, or State educational agency. (d) Disaggregation of Data.--Each State educational agency or school producing an annual report card under this section shall disaggregate the student data reported under subsection (a) or (b), as appropriate, in the same manner as results are disaggregated under section 1111(b)(3)(I) of the Elementary and Secondary Education Act of 1965. (e) Dissemination and Accessibility of Report Cards.-- (1) State report cards.--State annual report cards under subsection (a) shall be disseminated to all elementary schools, secondary schools, and local educational agencies in the State, and made broadly available to the public through means such as posting such reports on the Internet and distribution to the media, and through public agencies. (2) Local and school report cards.--Local educational agency report cards and elementary school and secondary school report cards under subsection (b) shall be disseminated to all elementary schools and secondary schools served by the local educational agency and to all parents of students attending such schools, and shall be made broadly available to the public through means such as posting such report on the Internet and distribution to the media, and through public agencies. (f) Grants Authorized.--The Secretary of Education shall award a grant to each State having a State report card that meets the requirements of subsection (a) to enable the State to annually publish report cards for each elementary and secondary school that receives funding under the Elementary and Secondary Education Act of 1965 and is served by the State. The amount of a State grant under this section shall be equal to the State's allotment under subsection (g)(2). (g) Reservations and Allotments.-- (1) Reservations.--From the amount appropriated under subsection (j) to carry out this Act for each fiscal year the Secretary of Education shall reserve-- (A) \1/2\ of 1 percent of such amount for payments to the Secretary of the Interior for activities approved by the Secretary of Education consistent with this Act, in schools operated or supported by the Bureau of Indian Affairs on the basis of their respective needs for assistance under this Act; and (B) \1/2\ of 1 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this Act, as determined by the Secretary of Education, for activities approved by the Secretary of Education that are consistent with this Act. (2) State allotments.--From the amount appropriated under subsection (j) for a fiscal year and remaining after amounts are reserved under paragraph (1), the Secretary of Education shall allot to each State having a State report card meeting the requirements of subsection (a) an amount that bears the same relationship to such remainder as the number of public school students enrolled in elementary schools and secondary schools in the State bears to the total number of such students so enrolled in all States. (h) Within-State Allocations.--Each State educational agency receiving a grant under subsection (f) shall allocate the grant funds that remain after carrying out the activities required under subsection (e)(1) to local educational agencies in the State. (i) State Reservation of Funds.--Each State educational agency receiving a grant under subsection (f) may reserve -- (1) not more than 10 percent of the grant funds to carry out activities described in subsections (a) and (b), and subsection (e)(1), for fiscal year 2002; and (2) not more than 5 percent of the grant funds to carry out activities described in sections (a) and (b), and subsection (e)(1), for fiscal year 2003 and each of the 3 succeeding fiscal years. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act, $5,000,0000 for fiscal year 2002, and such sums as may be necessary for each of the 4 succeeding fiscal years.

Standardized School Report Card Act - Requires annual State and school report cards in easily understandable language with respect to elementary and secondary education.Requires each State educational agency (SEA) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to produce and widely disseminate a State report card for parents, the general public, teachers, and the Secretary of Education.Requires each school receiving assistance under ESEA, or the local educational agency (LEA) serving that school, to produce and widely disseminate such a report card for the school.Requires such State and school report cards to contain specified information regarding indicators of school performance and quality, including: (1) student performance in language arts and mathematics, and other assessed subject areas, including comparisons with students elsewhere; (2) attendance and graduation rates; (3) professional qualifications of teachers, and numbers teaching out-of-field or with emergency certification; (4) average class size; (5) school safety; (6) parental involvement; (7) annual school dropout rate; and (8) student access to technology, including computers and the Internet.Directs the Secretary to: (1) use Office of Educational Research and Improvement funds to develop a model school report card for dissemination, upon request, to a school, LEA, or SEA; and (2) award grants to enable States to published the annual State report card for each State-served elementary and secondary school receiving ESEA funds.

A bill to provide parents, taxpayers, and educators with useful, understandable school report cards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vaccinate America's Children through Complete Information & Education Act of 2015''. SEC. 2. ENCOURAGING STATES TO STRENGTHEN ADMINISTRATIVE PROCEDURES RELATED TO NONMEDICAL EXEMPTIONS FROM STATE VACCINATION REQUIREMENTS. (a) In General.--Section 1928 of the Social Security Act (42 U.S.C. 1396s) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: ``(h) Administrative Procedures for Granting Nonmedical Exemptions.-- ``(1) Certification of adoption of procedures.-- ``(A) In general.--A State program under this section does not comply with the requirements of this section unless the State certifies to the Secretary that the State has established administrative procedures for granting nonmedical exemptions from State immunization requirements (as defined in subparagraph (B)) that include at least 2 of the prerequisites described in paragraph (2). ``(B) Nonmedical exemption from state immunization requirement.--For purposes of this subsection, the term `nonmedical exemption from State immunization requirements' means any exemption from a State law that requires a child to receive a pediatric vaccine (including school immunization requirements) that is not based on a medical reason. ``(2) Nonmedical exemption prerequisites.--The prerequisites for granting a nonmedical exemption from State immunization requirements described in this paragraph are the following: ``(A) The State requires that prior to the exemption being granted, a parent or guardian seeking a nonmedical exemption from State immunization requirements for a child shall discuss the consequences of nonvaccination with the child's pediatrician or other primary care provider and that the discussion is noted in the child's medical record. ``(B) The State requires that prior to the exemption being granted, a parent or guardian seeking a nonmedical exemption from State immunization requirements for a child read and sign a form that discusses the risks of nonvaccination and submits the form to the State. ``(C) The State requires that prior to the exemption being granted, a parent or guardian seeking a nonmedical exemption from State immunization requirements for a child submits to the State a notarized letter describing the parent's or guardian's reasons for seeking the exemption. ``(D) The State requires that all nonmedical exemptions from State immunization requirements shall only be granted for a 1-year period and shall be required to be renewed annually if a parent or guardian of a child wants the exemption to continue for another year. ``(3) Penalty.-- ``(A) In general.--With respect to a fiscal year, if a State fails to submit the certification required under paragraph (1) or if the administrative procedures established by the State for granting nonmedical exemptions from State immunization requirements do not include at least 2 of the prerequisites described in paragraph (2), the State shall pay the Secretary an amount equal to-- ``(i) in the case of a State that is not a manufacturer of pediatric vaccines, 5 percent of the value (as determined by the Secretary) of the vaccines provided to the State under subsection (b)(2)(A) for that fiscal year; and ``(ii) in the case of a State that is a manufacturer of pediatric vaccines, 5 percent of the sum of-- ``(I) the value (as determined by the Secretary) of any vaccines provided to the State under subsection (b)(2)(A) for that fiscal year; and ``(II) the amount paid to the State for the fiscal year under subsection (b)(2)(C). ``(B) Treatment as an overpayment.--A State payment required to be made to the Secretary under subparagraph (A) shall be deemed an overpayment to the State under this title to be disallowed against the State's regular quarterly draw for all spending under section 1903(d)(2). Such a disallowance is not subject to a reconsideration under section 1116(e).''. (b) Conforming Amendments.-- (1) Section 1928 of the Social Security Act (42 U.S.C. 1396s), as amended by subsection (a), is further amended-- (A) in subsection (a)(1)(A), by striking ``subsection (h)(8)'' and inserting ``subsection (i)(8)''; and (B) in subsection (b)(2)(A)(iv), by striking ``subsection (h)(3)'' and inserting ``subsection (i)(3)''. (2) Section 609(d) of the Employee Retirement Income Security Act of 1974 (42 U.S.C. 1169(d)) is amended by striking ``section 1928(h)(6)'' and inserting ``section 1928(i)(6)''. (c) Effective Date.--The amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act.

Vaccinate America's Children through Complete Information & Education Act of 2015 This bill amends title XIX (Medicaid) of the Social Security Act to require a state to certify that it has established, in its pediatric vaccine distribution program, administrative procedures regarding nonmedical exemptions from state immunization requirements. These procedures must include at least two of the following prerequisites for granting a nonmedical exemption: the child's parent or guardian shall discuss the consequences of nonvaccination with the child's primary care provider, as noted in the child's medical record; the child's parent or guardian shall read, sign, and submit to the state a form discussing the risks of nonvaccination; the child's parent of guardian shall submit to the state a notarized letter describing why the exemption is being sought; or all medical exemptions shall be granted for only a one-year period and shall be required to be renewed annually only if the child's parent or guardian wants the exemption to continue for another year. A state that does not comply with these requirements is subject to a monetary penalty.

Vaccinate America's Children through Complete Information & Education Act of 2015

SECTION 1. LARGE-SCALE GEOTHERMAL ENERGY. Title VI of the Energy Independence and Security Act of 2007 is amended by inserting after section 616 (42 U.S.C. 17195) the following: ``SEC. 616A. LARGE-SCALE GEOTHERMAL ENERGY. ``(a) Findings.--Congress finds that-- ``(1) the Geothermal Technologies Program of the Office of Energy Efficiency and Renewable Energy of the Department has included a focus on direct use of geothermal energy in the low- temperature geothermal energy subprogram (including in the development of a research and development plan for the program); ``(2) the Building Technologies Program of the Office of Energy Efficiency and Renewable Energy of the Department-- ``(A) is focused on the energy demand and energy efficiency of buildings; and ``(B) includes geothermal heat pumps as a component technology in the residential and commercial deployment activities of the program; and ``(3) geothermal heat pumps and direct use of geothermal energy, especially in large-scale applications, can make a significant contribution to the use of renewable energy but are underrepresented in research, development, demonstration, and commercialization. ``(b) Purposes.--The purposes of this section are-- ``(1) to improve the components, processes, and systems used for geothermal heat pumps and the direct use of geothermal energy; and ``(2) to increase the energy efficiency, lower the cost, increase the use, and improve and demonstrate the applicability of geothermal heat pumps to, and the direct use of geothermal energy in, large buildings, commercial districts, residential communities, and large municipal, agricultural, or industrial projects. ``(c) Definitions.--In this section: ``(1) Direct use of geothermal energy.--The term `direct use of geothermal energy' means systems that use water that is at a temperature between approximately 38 degrees Celsius and 149 degrees Celsius directly or through a heat exchanger to provide-- ``(A) heating to buildings; or ``(B) heat required for industrial processes, agriculture, aquaculture, and other facilities. ``(2) Geothermal heat pump.--The term `geothermal heat pump' means a system that provides heating and cooling by exchanging heat from shallow ground or surface water using-- ``(A) a closed loop system, which transfers heat via buried or immersed pipes that contain a mix of water and antifreeze; or ``(B) an open loop system, which circulates ground or surface water directly into the building and returns the water to the same aquifer or surface water source. ``(3) Large-scale application.--The term `large-scale application' means an application for space or process heating or cooling for large entities, such as a large building, commercial district, residential community, or a large municipal, agricultural, or industrial project. ``(4) Secretary.--The term `Secretary' means Secretary of Energy, acting through the Assistant Secretary for Energy Efficiency and Renewable Energy. ``(d) Program.-- ``(1) In general.--The Secretary shall establish a program of research, development, demonstration, and commercial application for geothermal heat pumps and the direct use of geothermal energy. ``(2) Areas.--The program may include research, development, demonstration, and commercial application of-- ``(A) geothermal ground loop efficiency improvements through more efficient heat transfer fluids; ``(B) geothermal ground loop efficiency improvements through more efficient thermal grouts for wells and trenches; ``(C) geothermal ground loop installation cost reduction through-- ``(i) improved drilling methods; and ``(ii) improvements in drilling equipment; ``(D) installing geothermal ground loops near the foundation walls of new construction to take advantage of existing structures; ``(E) using gray or black wastewater as a method of heat exchange; ``(F) improving geothermal heat pump system economics through integration of geothermal systems with other building systems, including providing hot and cold water and rejecting or circulating industrial process heat through refrigeration heat rejection and waste heat recovery; ``(G) advanced geothermal systems using variable pumping rates to increase efficiency; ``(H) geothermal heat pump efficiency improvements; ``(I) use of hot water found in mines and mine shafts and other surface waters as the heat exchange medium; ``(J) heating of districts, neighborhoods, communities, large commercial or public buildings (including office, retail, educational, government, and institutional buildings and multifamily residential buildings and campuses), and industrial and manufacturing facilities; ``(K) geothermal system integration with solar thermal water heating or cool roofs and solar- regenerated desiccants to balance loads and use building hot water to store geothermal energy; ``(L) use of hot water coproduced from oil and gas recovery; ``(M) use of water sources at a temperature of less than 150 degrees Celsius for direct use; ``(N) system integration of direct use with geothermal electricity production; and ``(O) coproduction of heat and power, including on- site use. ``(3) Environmental impacts.--In carrying out the program, the Secretary shall identify and mitigate potential environmental impacts in accordance with section 614(c). ``(e) Grants.-- ``(1) In general.--The Secretary shall make grants available to State and local governments, institutions of higher education, nonprofit entities, utilities, and for-profit companies (including manufacturers of heat-pump and direct-use components and systems) to promote the development of geothermal heat pumps and the direct use of geothermal energy. ``(2) Priority.--In making grants under this subsection, the Secretary shall give priority to proposals that apply to large buildings (including office, retail, educational, government, institutional, and multifamily residential buildings and campuses and industrial and manufacturing facilities), commercial districts, and residential communities. ``(3) National solicitation.--Not later than 180 days after the date of enactment of this section, the Secretary shall conduct a national solicitation for applications for grants under this section. ``(f) Reports.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section and annually thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science and Technology of the House of Representatives a report on progress made and results obtained under this section to develop geothermal heat pumps and direct use of geothermal energy. ``(2) Areas.--Each of the reports required under this subsection shall include-- ``(A) an analysis of progress made in each of the areas described in subsection (d)(2); and ``(B)(i) a description of any relevant recommendations made during a review of the program; and ``(ii) any plans to address the recommendations under clause (i). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary for each of fiscal years 2011 through 2015.''.

Amends the Energy Independence and Security Act of 2007 to require the Secretary of Energy (DOE): (1) acting through the Assistant Secretary for Energy Efficiency and Renewable Energy, to establish a program of research, development, demonstration, and commercial application for geothermal heat pumps and the direct use of geothermal energy; and (2) identify and mitigate potential environmental impacts. Directs the Secretary to: (1) make grants to state and local governments, institutions of higher education, nonprofit entities, utilities, and for-profit companies to promote the development of geothermal heat pumps and the direct use of geothermal energy; (2) give priority to proposals that apply to large buildings, commercial districts, and residential communities; and (3) conduct a national solicitation for grant applications.

A bill to amend the Energy Independence and Security Act of 2007 to improve geothermal energy technology and demonstrate the use of geothermal energy in large scale thermal applications, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gandhi-King Scholarly Exchange Initiative Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Mohandas (Mahatma) Karamchand Gandhi and Martin Luther King, Jr., were dedicated leaders of peace, civil rights, social justice, and social change in their respective communities and countries and in the world. (2) Mahatma Gandhi, who was born on October 2, 1869, was murdered on January 30, 1948, after dedicating his life to the peaceful empowerment of the people of India and to their liberation from British occupation. (3) Martin Luther King, Jr., who was born on January 15, 1929, was murdered on April 4, 1968, after a life dedicated to peaceful movements against segregation, discrimination, racial injustice, and poverty. (4) Mahatma Gandhi, who employed the principle of satyagraha, or non-violent resistance, has come to represent the moral force inspiring many civil and social rights movements around the world. (5) King's effective use of Gandhian principles was instrumental to the American civil rights movement. (6) In February 2009, a congressional delegation traveled to India to commemorate the 50th anniversary of the pilgrimage of Martin Luther King, Jr., and his wife, Coretta Scott King, to that country in 1959, and to study Gandhi's life and work, highlighting the need for further progress in peaceful conflict resolution and combating poverty. (7) In February 2009, United States Special Envoy for Pakistan and Afghanistan Richard Holbrooke visited India to determine how the international community can better contribute to peace and stability in Afghanistan and South Asia. (8) According to the 2009 Global Peace Index prepared by the Institute for Economics and Peace, if there had been no global violence in 2007, $4,800,000,000 in new business would have been created and $7,200,000,000 in expenses would have been saved, indicating that there is significant economic value associated with peace. SEC. 3. GANDHI-KING SCHOLARLY EXCHANGE INITIATIVE. (a) Initiative Established.--The Secretary of State is authorized to carry out, in cooperation with the appropriate representatives of the Government of India, an initiative to be known as the ``Gandhi-King Scholarly Exchange Initiative''. The initiative shall be comprised of educational, scholarly, and professional exchange programs, including the following: (1) An annual public diplomacy forum for scholars from the United States and India that focuses on the legacies of Mahatma Gandhi and Martin Luther King, Jr., which shall-- (A) be held alternately in the United States and in India; (B) include representatives from governments, non- governmental organizations, educational institutions, cultural organizations, and civic organizations; and (C) focus on studying the work of Gandhi and King and applying their philosophies to current issues, including the status of poverty, conflict, human rights, civil rights, peace, nonviolence, and democracy in the United States and India. (2) A professional development training initiative for government employees to develop international conflict solutions based on the principles of nonviolence developed in consultation with the president and chief executive officer of the United States Institute of Peace, the Under Secretary for Public Diplomacy and Public Affairs of the Department of State, and United States cooperating partners, which shall-- (A) target Federal, State, and local government employees in countries with ongoing political, social, ethnic, or violent conflict; (B) include a specific focus on the success of nonviolent movements in conflict resolution; (C) develop a curriculum for teaching conflict resolution and make such curriculum available to participating government employees; and (D) be made publically available through a variety of media. (3) An undergraduate, graduate, and post-graduate student exchange for students to-- (A) study the history and legacies of Martin Luther King, Jr., and Mahatma Gandhi; (B) visit historic sites in India and the United States that were integral to the American civil rights movement and the Indian independence movement; and (C) research and develop papers on the importance of peace, nonviolence, and reconciliation in current conflict regions. (b) United States Cooperating Partners Defined.--The term ``United States cooperating partners'' means-- (1) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), including, to the maximum extent practicable, an historically Black college or university that is a part B institution (as such term is defined in section 322(2) of such Act (20 U.S.C. 1061(2))) or an Hispanic-serving institution (as such term is defined in section 502(5) of such Act (20 U.S.C. 1101a(5))); (2) a combination of institutions of higher education (as that term is defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003(2))); (3) a nongovernmental organization incorporated in the United States; or (4) a consortium consisting of two or more such institutions of higher education, higher education associations, or nongovernmental organizations. SEC. 4. REPORTING REQUIREMENTS. (a) Initial Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report on the Secretary's plan to carry out the initiative authorized under section 3. (b) Periodic Updates.--Upon the request of the committees referred to in subsection (a), the Secretary shall submit to such committees an update on the Secretary's progress in implementing the plan referred to in subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there are authorized to be appropriated to the Secretary of State such sums as may be necessary for each of fiscal years 2010 through 2015. Amounts appropriated pursuant to the authorization of appropriations under this section are in addition to amounts otherwise available for such purpose.

Gandhi-King Scholarly Exchange Initiative Act of 2009 - Authorizes the Secretary of State to carry out, in cooperation with the government of India, the Gandhi-King Scholarly Exchange Initiative comprised of educational, scholarly, and professional exchange programs.

To authorize the Gandhi-King Scholarly Exchange Initiative focusing on peace and nonviolence in global conflict resolution, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminate and Stop Abuse, Frequent Exploitation, and Trafficking on the Internet Task Force Act'' or ``E- SAFETI Task Force Act''. SEC. 2. INTERNET-FACILITATED HUMAN TRAFFICKING TASK FORCE. (a) Establishment.--There is established in the Department of State a task force to be known as the ``Eliminate and Stop Abuse, Frequent Exploitation, and Trafficking on the Internet (E-SAFETI) Task Force'' (referred to in this Act as the ``Task Force''), for the purpose of studying and making recommendations to prevent internet-facilitated human trafficking. (b) Membership.-- (1) Composition.--The Task Force shall be composed of 20 members as follows: (A) A representative of the Department of State, who shall be appointed by the Secretary of State, and who shall serve as chair of the Task Force. (B) A representative of the Federal Communications Commission, who shall be appointed by the Chairman of the Federal Communications Commission. (C) A representative of the Federal Bureau of Investigation, who shall be appointed by the Director of the Federal Bureau of Investigation. (D) A representative of Immigration and Customs Enforcement, who shall be appointed by the Director of Immigration and Customs Enforcement. (E) A representative of the Administration for Children and Families who, shall be appointed by the Assistant Secretary of Health and Human Services for the Administration for Children and Families. (F) Two representatives of the Department of Justice, who shall be appointed by the Attorney General. (G) A representative of the Department of Labor, who shall be appointed by the Secretary of Labor. (H) Thirteen members appointed by the Secretary of State (in consultation with the other members of the Task Force), including-- (i) 3 members representing companies that have exhibited leadership in combating internet-facilitated human trafficking, at least one of whom shall represent an Internet Web site company; (ii) 2 members representing non-profit organizations; (iii) 2 members representing academic institutions; (iv) 1 member representing a State Attorney General's office; (v) 1 member who was a victim of a severe form of trafficking in persons; and (vi) 3 additional at-large members, from the public or private sectors. (2) Appointment.--Members of the Task Force shall be appointed not later than 90 days after the date of the enactment of this Act. (3) Compensation.--Members of the Task Force shall not receive additional pay, allowances, or benefits by reason of their service on the Commission. (4) Terms.--Members of the Task Force shall serve at the pleasure of the appointing authorities. (5) Vacancies.--Any vacancy on the Task Force shall be filled in the manner in which the original appointment was made. (c) Duties.--The Task Force shall-- (1) study the impact and prevalence of internet-facilitated human trafficking; and (2) make recommendations on how to best prevent internet- facilitated human trafficking, including-- (A) adoption of cutting-edge technology; (B) collaboration with the private sector; (C) better enforcement of current laws; (D) improved information gather and interdepartmental collaboration; and (E) development of new law and policy. (d) Meetings.--The Task Force shall meet not less than three times in the first year after the establishment of the Task Force, and not less than twice per year thereafter. (e) Report.--The Task Force shall submit an annual report to Congress on the activities, findings, and recommendations of the Task Force. (f) Termination.--The Task Force shall terminate 3 years after the members of the Task Force are appointed in accordance with subsection (b). (g) Definitions.--In this section: (1) Internet-facilitated human trafficking.--The term ``internet-facilitated human trafficking'' means the use of the Internet to engage in severe forms of trafficking in persons. (2) Severe forms of trafficking in persons.--The term ``severe forms of trafficking in persons'' has the meaning given such term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(8)). (3) Victim of a severe form of trafficking in persons.--The term ``victim of a severe form of trafficking in persons'' has the meaning given such term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(13)).

Eliminate and Stop Abuse, Frequent Exploitation, and Trafficking on the Internet Task Force Act or the E-SAFETI Task Force Act - Establishes in the Department of State a three-year task force to be known as the Eliminate and Stop Abuse, Frequent Exploitation, and Trafficking on the Internet (E-SAFETI) Task Force to study and make recommendations to prevent internet-facilitated human trafficking. Defines "internet-facilitated human trafficking" as the use of the Internet to engage in severe forms of trafficking in persons as that term is defined in the Trafficking Victims Protection Act of 2000.

To establish a task force for the purpose of studying and making recommendations to prevent and combat internet-facilitated human trafficking.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive One-Call Notification Act of 1997''. SECTION 2. FINDINGS. The Congress finds that-- (1) unintentional damage to underground facilities during excavation is a significant cause of disruptions in telecommunications, water supply, electric power and other vital public services, such as hospital and air traffic control operations, and is a leading cause of natural gas and hazardous liquid pipeline accidents; (2) excavation that is performed without prior notification to an underground facility operator or with inaccurate marking of such a facility prior to excavation can cause damage that results in fatalities, serious injuries, harm to the environment and disruption of vital services to the public; and (3) protection of the public and the environment from the consequences of underground facility damage caused by excavations will be enhanced by a coordinated national effort to improve one-call notification programs in each State and the effectiveness and efficiency of one-call notification systems that operate under such programs. SEC. 3. ESTABLISHMENT OF ONE-CALL PROGRAM. (a) In General.--Subtitle III of title 49, United States Code, is amended by adding at the end thereof the following: ``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAM ``Sec. ``6101. Purposes. ``6102. Definitions. ``6103. Minimum standards for State one-call notification programs. ``6104. Compliance with minimum standards. ``6105. Review of one-call system best practices. ``6106. Grants to States. ``6107. Authorization of appropriations. ``Sec. 6101. PURPOSES ``The purposes of this chapter are-- ``(1) to enhance public safety; ``(2) to protect the environment; ``(3) to minimize risks to excavators; and ``(4) to prevent disruption of vital public services, by reducing the incidence of damage to underground facilities during excavation through the adoption and efficient implementation by all States of State one-call notification programs that meet the minimum standards set forth under section 6103. ``Sec. 6102. DEFINITIONS ``For purposes of this chapter-- ``(1) One-call notification system.--The term ``one-call notification system'' means a system operated by an organization that has as one of its purposes to receive notification from excavators of intended excavation in a specified area in order to disseminate such notification to underground facility operators that are members of the system so that such operators can locate and mark their facilities in order to prevent damage to underground facilities in the course of such excavation. ``(2) State one-call notification program.--The term ``State one-call notification program'' means the State statutes, regulations, orders, judicial decisions, and other elements of law and policy in effect in a State that establish the requirements for the operation of one-call notification systems in such State. ``(3) State.--The term `State' means a State, the District of Columbia, and Puerto Rico. ``(4) Secretary.--The term `Secretary' means the Secretary of Transportation. ``Sec. 6103. MINIMUM STANDARDS FOR STATE ONE-CALL NOTIFICATION PROGRAMS ``(a) Minimum Standards.--A State one-call notification program shall, at a minimum, provide for-- ``(1) appropriate participation by all underground facility operators; ``(2) appropriate participation by all excavators; and ``(3) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems. ``(b) Appropriate Participation.--In determining the appropriate extent of participation required for types of underground facilities or excavators under subsection (a), a State shall assess, rank, and take into consideration the risks to the public safety, the environment, excavators, and vital public services associated with ``(1) damage to types of underground facilities; and ``(2) activities of types of excavators. ``(c) Implementation.--A State one-call notification program also shall, at a minimum, provide for ``(1) consideration of the ranking of risks under subsection (b) in the enforcement of its provisions; ``(2) a reasonable relationship between the benefits of one-call notification and the cost of implementing and complying with the requirements of the State one-call notification program; and ``(3) voluntary participation where the State determines that a type of underground facility or an activity of a type of excavator poses a de minimis risk to public safety or the environment. ``(d) Penalties.--To the extent the State determines appropriate and necessary to achieve the purposes of this chapter, a State one-call notification program shall, at a minimum, provide for ``(1) administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program; ``(2) increased penalties for parties that repeatedly damage underground facilities because they fail to use one-call notification systems or for parties that repeatedly fail to provide timely and accurate marking after the required call has been made to a one-call notification system; ``(3) reduced or waived penalties for a violation of a requirement of a State one-call notification program that results in, or could result in, damage that is promptly reported by the violator; ``(4) equitable relief; and ``(5) citation of violations. ``Sec. 6104. COMPLIANCE WITH MINIMUM STANDARDS ``(a) Requirement.--In order to qualify for a grant under section 6106, each State shall, within 2 years after the date of the enactment of the Comprehensive One-Call Notification Act of 1997, submit to the Secretary a grant application under subsection (b). ``(b) Application.-- ``(1) Upon application by a State, the Secretary shall review that State's one-call notification program, including the provisions for implementation of the program and the record of compliance and enforcement under the program. ``(2) Based on the review under paragraph (1), the Secretary shall determine whether the State's one-call notification program meets the minimum standards for such a program set forth in section 6103 in order to qualify for a grant under section 6106. ``(3) In order to expedite compliance under this section, the Secretary may consult with the State as to whether an existing State one-call notification program, a specific modification thereof, or a proposed State program would result in a positive determination under paragraph (2). ``(4) The Secretary shall prescribe the form of, and manner of filing, an application under this section that shall provide sufficient information about a State's one-call notification program for the Secretary to evaluate its overall effectiveness. Such information may include the nature and reasons for exceptions from required participation, the types of enforcement available, and such other information as the Secretary deems necessary. ``(5) The application of a State under paragraph (1) and the record of actions of the Secretary under this section shall be available to the public. ``(c) Alternative Program.--A State may maintain an alternative one-call notification program if that program provides protection for public safety, the environment, or excavators that is equivalent to, or greater than, protection under a program that meets the minimum standards set forth in section 6103. ``(d) Report.--Within 3 years after the date of the enactment of the Comprehensive One-call Notification Act of 1997, the Secretary shall begin to include the following information in reports submitted under section 60124 of this title-- ``(1) a description of the extent to which each State has adopted and implemented the minimum Federal standards under section 6103 or maintains an alternative program under subsection (c); ``(2) an analysis by the Secretary of the overall effectiveness of the State's one-call notification program and the one-call notification systems operating under such program in achieving the purposes of this chapter; ``(3) the impact of the State's decisions on the extent of required participation in one-call notification systems on prevention of damage to underground facilities; and ``(4) areas where improvements are needed in one-call notification systems in operation in the State. The report shall also include any recommendations the Secretary determines appropriate. If the Secretary determines that the purposes of this chapter have been substantially achieved, no further report under this section shall be required. ``Sec. 6105. REVIEW OF ONE-CALL SYSTEM BEST PRACTICES ``(a) Study of Existing One-Call Systems.--Except as provided in subsection (d), the Secretary, in consultation with other appropriate Federal agencies, State agencies, one-call notification system operators, underground facility operators, excavators, and other interested parties, shall undertake a study of damage prevention practices associated with existing one-call notification systems. ``(b) Purpose of Study of Damage Prevention Practices.--The purpose of the study is to assemble information in order to determine which existing one-call notification systems practices appear to be the most effective in preventing damage to underground facilities and in protecting the public, the environment, excavators, and public service disruption. As part of the study, the Secretary shall at a minimum consider-- ``(1) the methods used by one-call notification systems and others to encourage participation by excavators and owners of underground facilities; ``(2) the methods by which one-call notification systems promote awareness of their programs, including use of public service announcements and educational materials and programs; ``(3) the methods by which one-call notification systems receive and distribute information from excavators and underground facility owners; ``(4) the use of any performance and service standards to verify the effectiveness of a one-call notification system; ``(5) the effectiveness and accuracy of mapping used by one-call notification systems; ``(6) the relationship between one-call notification systems and preventing intentional damage to underground facilities; ``(7) how one-call notification systems address the need for rapid response to situations where the need to excavate is urgent; ``(8) the extent to which accidents occur due to errors in marking of underground facilities, untimely marking or errors in the excavation process after a one-call notification system has been notified of an excavation; ``(9) the extent to which personnel engaged in marking underground facilities may be endangered; ``(10) the characteristics of damage prevention programs the Secretary believes could be relevant to the effectiveness of State one-call notification programs; and ``(11) the effectiveness of penalties and enforcement activities under State one-call notification programs in obtaining compliance with program requirements. ``(c) Report.--Within 1 year after the date of the enactment of the Comprehensive One-Call Notification Act of 1997, the Secretary shall publish a report identifying those practices of one-call notification systems that are the most and least successful in-- ``(1) preventing damage to underground facilities; and ``(2) providing effective and efficient service to excavators and underground facility operators. The Secretary shall encourage States and operators of one-call notification programs to adopt and implement the most successful practices identified in the report. ``(d) Secretarial Discretion.--Prior to undertaking the study described in subsection (a), the Secretary shall determine whether timely information described in subsection (b) is readily available. If the Secretary determines that such information is readily available, the Secretary is not required to carry out the study. ``6106. GRANTS TO STATES ``(a) In General.--The Secretary may make a grant of financial assistance to a State that qualifies under section 6104(b) to assist in improving-- ``(1) the overall quality and effectiveness of one-call notification systems in the State; ``(2) communications systems linking one-call notification systems; ``(3) location capabilities, including training personnel and developing and using location technology; ``(4) record retention and recording capabilities for one- call notification systems; ``(5) public information and education; ``(6) participation in one-call notification systems; or ``(7) compliance and enforcement under the State one-call notification program. ``(b) State Action Taken Into Account.--In making grants under this section the Secretary shall take into consideration the commitment of each State to improving its State one-call notification program, including legislative and regulatory actions taken by the State after the date of enactment of the Comprehensive One-Call Notification Act of 1997. ``(c) Funding for One-Call Notification Systems.--A State may provide funds received under this section directly to any one-call notification system in such State that substantially adopts the best practices identified under section 6105. ``Sec. 6107. AUTHORIZATION OF APPROPRIATIONS ``(a) For Grants to States.--There are authorized to be appropriated to the Secretary in fiscal year 1999 no more than $1,000,000 and in fiscal year 2000 no more than $5,000,000, to be available until expended, to provide grants to States under section 6106. ``(b) For Administration.--There are authorized to be appropriated to the Secretary such sums as may be necessary during fiscal years 1998, 1999, and 2000 to carry out sections 6103, 6104, and 6105. ``(c) General Revenue Funding.--Any sums appropriated under this section shall be derived from general revenues and may not be derived from amounts collected under section 60301 of this title.''. (b) Conforming Amendments.-- (1) The analysis of chapters for subtitle III of title 49, United States Code, is amended by adding at the end thereof the following: ``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAM''. (2) Chapter 601 of title 49, United States Code, is amended (A) by striking ``sections 60114 and'' in section 60105(a) of that chapter and inserting ``section''; (B) by striking section 60114 and the item relating to that section in the table of sections for that chapter; (C) by striking ``60114(c), 60118(a),'' in section 60122(a)(1) of that chapter and inserting ``60118(a),''; (D) by striking ``60114(c) or'' in section 60123(a) of that chapter; (E) by striking ``sections 60107 and 60114(b)'' in subsections (a) and (b) of section 60125 and inserting ``section 60107'' in each such subsection; and (F) by striking subsection (d) of section 60125, and redesignating subsections (e) and (f) of that section as subsections (d) and (e). Passed the Senate November 9, 1997. Attest: GARY SISCO, Secretary.

Comprehensive One-Call Notification Act of 1997 - Provides for the establishment of a State one-call notification program to protect underground facilities from excavation damage. Outlines required elements of the program, including minimum standards and provisions for implementation and enforcement. Authorizes a State to maintain an alternate one-call notification program if it provides protection for public safety, the environment, or excavators that is equivalent to, or greater than, protection under a program that meets the minimum standards of this Act. Directs the Secretary of Transportation to study damage prevention practices associated with existing one-call notification systems in order to determine which systems practices appear to be the most effective in preventing damage to underground facilities and in protecting the public, the environment, excavators, and public service disruption. Authorizes the Secretary to make grants to assist qualifying States in improving their one-call notification programs. Authorizes appropriations.

Comprehensive One-Call Notification Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``White River National Forest Improvement Act of 2004''. SEC. 2. ADMINISTRATIVE SITES CONVEYANCE AUTHORITY, WHITE RIVER NATIONAL FOREST, COLORADO. (a) Findings.--The Congress finds the following: (1) The White River National Forest in Colorado (in this section referred to as the ``Forest'') is one of the most visited recreation forests in the United States, but the administrative facilities of the Forest have become outdated and prohibitively expensive to operate and maintain. (2) The recently completed facility master plan for the Forest, entitled ``Facility Master Plan, White River National Forest'' and dated March 2003, including Appendix 3 of the plan, entitled ``Baseline Analysis and Strategic Recommendations'' (in this section referred to as the ``Facility Master Plan and Appendix 3''), provides an excellent model for solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest. (b) Special Conveyance Authority.-- (1) Authority provided.--The Secretary of Agriculture is authorized to sell, lease, exchange or otherwise convey, under such terms and conditions as the Secretary may prescribe, any or all right, title, and interest of the United States in and to the following parcels of real property, including improvements thereon, within the Forest, as identified for disposal in the Facility Master Plan and Appendix 3: (A) Parcel a.--Shop/Barracks/Residential Compound, 10.9 acres, more or less. (B) Parcel b.--Eagle D.O. and dwelling unit, 0.3 acres, more or less. (C) Parcel c.--Eagle Shop/Pasture compound, 8.0 acres, more or less. (D) Parcel d.--Washington Street Residence, 0.2 acres, more or less. (E) Parcel e.--Holy Cross D.O. (Dowd Junction), 10 acres, more or less. (F) Parcel f.--Martin Property, 11.7 acres, more or less. (G) Parcel g.--Bone Yard/Storage Area, 5 acres, more or less. (H) Parcel h.--Housing Compound, 7 acres, more or less. (I) Parcel i.--Cross Creek Parcel, 10 acres, more or less. (J) Parcel j.--Dwelling 355 Fairway, 0.2 acres, more or less. (K) Parcel k.--Dwelling 236 Fairway, 0.2 acres, more or less. (L) Parcel l.--Sopris D.O. (Site #300), 1.2 acres, more or less. (M) Parcel m.--Sopris Pasture (Site #380), 11 acres, more or less. (N) Parcel n.--Old Tree Nursery (Site #360), 29 acres, more or less. (O) Parcel o.--SO Shop (Site #610), 0.66 acres, more or less. (P) Parcel p.--Airport Site, 4.0 acres, more or less. (2) Inclusion of additional parcels.--The Secretary may use the authority provided by this section to convey other real property in the Forest that is excess or extraneous to the needs of the Forest Service and is used predominantly for administrative purposes. The Secretary may include the approximately 3.0 acre administrative parcel in Aspen, Colorado, but the Secretary may only convey that parcel by lease or other contractual arrangement so that the United States retains fee ownership of the parcel. (3) Descriptions.--The Secretary may modify the description of a parcel of real property referred to in paragraph (1) to correct errors or to reconfigure the parcel to facilitate a conveyance. (c) Consideration.-- (1) Acceptance and forms.--As consideration for the conveyance of real property under this section, the Secretary of Agriculture may accept cash, land, improvements, operational and maintenance services related to the administrative facilities of the Forest, or a combination thereof. (2) Use.--Subject to subsection (e), the Secretary shall utilize the parcels of real property referred to in subsection (b)(1) and the consideration received under this subsection in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3. The Secretary may modify the details of the Facility Master Plan and Appendix 3 consistent with the goal of solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest. (3) Valuation.--Any appraisal of real property considered necessary or desirable by the Secretary to carry out a conveyance under this section shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions. (4) Cash equalization.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any real property conveyed under this section by exchange. (d) Methods and Manner of Conveyance.-- (1) Solicitations of offers.--The Secretary of Agriculture may-- (A) solicit offers for the sale, lease, exchange, or other conveyance of parcels of real property under this section on such terms and conditions as the Secretary may prescribe; and (B) reject any offer that the Secretary determines is not adequate or not in the public interest. (2) Use of competitive methods.--The Secretary shall convey a parcel of real property under this section utilizing competitive processes, including competitive solicitation by auction, bid, or otherwise, except insofar as the Secretary determines that other procedures are required to facilitate the conveyance of the parcel. (3) Use of brokers.--The Secretary may utilize brokers or other third parties in the conveyance of real property under this section and, from the proceeds of the conveyance, may pay reasonable commissions or fees for services rendered. (e) Treatment of Receipts.-- (1) Deposit in sisk act fund.--The Secretary of Agriculture shall deposit the net receipts of a conveyance under this section in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a). (2) Relation to other forest receipts.--The receipts from a conveyance under this section shall not be paid or distributed to the State of Colorado or any county in the State under any provision of law or otherwise be considered as moneys received from the National Forest System for purposes of the Act of May 23, 1908, or the Act of March 1, 1911 (16 U.S.C. 500), or the Act of March 4, 1913 (16 U.S.C. 501). (3) Use of receipts.--Amounts deposited pursuant to paragraph (1) shall be available to the Secretary for expenditure, without further appropriation, for the acquisition, construction, operation, and maintenance of administrative improvements in the Forest, including provisions for employee housing, in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3, subject to such modifications of the Facility Master Plan and Appendix 3 as the Secretary may make under subsection (c). (f) Miscellaneous Provisions.-- (1) Withdrawal.--Subject to valid existing rights, the parcels of real property referred to in subsection (b)(1) are withdrawn from location, entry, and patent under the mining laws of the United States. (2) Inapplicable authorities.--Subchapters II and III of chapter 5 of title 40, United States Code, and the Agriculture Property Management Regulations shall not apply to any action taken pursuant to this section. (g) Authorization for Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

White River National Forest Improvement Act of 2004 - Authorizes the Secretary of Agriculture to: (1) sell, lease, exchange, or otherwise convey all right of the United States in specified parcels of real property within the White River National Forest, Colorado; and (2) accept cash, land, improvements, and operational and maintenance services related to the administrative facilities of the Forest. Directs the Secretary to utilize such parcels and the consideration received in connection with implementing the financial arrangements, including public-private partnership transactions and full solution transactional packages. Authorizes the Secretary to modify the details of the Facility Master Plan and Appendix 3 of the plan (entitled "Baseline Analysis and Strategic Recommendations") consistent with the goal of solving the facilities needs of the Forest. Requires that any appraisal of real property considered necessary or desirable by the Secretary to carry out the conveyance conform to the Uniform Appraisal Standards for Federal Land Acquisitions. Permits the Secretary to accept a cash equalization payment in excess of 25 percent of the value of any real property conveyed by exchange. Sets forth provisions regarding solicitations of offers, use of competitive methods, and use of brokers. Directs the Secretary to deposit the net receipts of a conveyance into the fund established by the Sisk Act.

To provide special authority to the Secretary of Agriculture to convey certain Forest Service administrative sites in the White River National Forest in Colorado, to reserve the proceeds from such conveyances to help resolve the facilities needs of that national forest, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patients and Public Health Partnership Act of 2008''. SEC. 2. DEMONSTRATION PROJECT FOR INTEGRATED HEALTH SYSTEMS TO EXPAND ACCESS TO PRIMARY AND PREVENTIVE SERVICES FOR THE MEDICALLY UNDERSERVED. Part D of title III of the Public Health Service Act (42 U.S.C. 259b et seq.) is amended by adding at the end the following new subpart: ``Subpart XI--Demonstration Project for Integrated Health Systems to Expand Access to Primary and Preventive Services for the Medically Underserved ``SEC. 340H. DEMONSTRATION PROJECT FOR INTEGRATED HEALTH SYSTEMS TO EXPAND ACCESS TO PRIMARY AND PREVENTIVE CARE FOR THE MEDICALLY UNDERSERVED. ``(a) Establishment of Demonstration.-- ``(1) In general.--Not later than January 1, 2009, the Secretary shall establish a demonstration project (hereafter in this section referred to as the `demonstration') under which up to 30 qualifying integrated health systems receive grants for the costs of their operations to expand access to primary and preventive services for the medically underserved. ``(2) Rule of construction.--Nothing in this section shall be construed as authorizing grants to be made or used for the costs of specialty care or hospital care furnished by an integrated health system. ``(b) Application.--Any integrated health system desiring to participate in the demonstration shall submit an application in such manner, at such time, and containing such information as the Secretary may require. ``(c) Criteria for Selection.--In selecting integrated health systems to participate in the demonstration (hereafter referred to as `participating integrated health systems'), the Secretary shall ensure representation of integrated health systems that are located in a variety of States (including the District of Columbia and the territories and possessions of the United States) and locations within States, including rural areas, inner-city areas, and frontier areas. ``(d) Duration.--Subject to the availability of appropriations, the demonstration shall be conducted (and operating grants be made to each participating integrated health system) for a period of 3 years. ``(e) Reports.-- ``(1) In general.--The Secretary shall submit to the appropriate committees of the Congress interim and final reports with respect to the demonstration, with an interim report being submitted not later than 3 months after the demonstration has been in operation for 24 months and a final report being submitted not later than 3 months after the close of the demonstration. ``(2) Content.--Such reports shall evaluate the effectiveness of the demonstration in providing greater access to primary and preventive care for medically underserved populations, and how the coordinated approach offered by integrated health systems contributes to improved patient outcomes. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated $25,000,000 for each of the fiscal years 2009, 2010, and 2011 to carry out this section. ``(2) Construction.--Nothing in this section shall be construed as requiring or authorizing a reduction in the amounts appropriated for grants to health centers under section 330 for the fiscal years referred to in paragraph (1). ``(g) Definitions.--For purposes of this section: ``(1) Frontier area.--The term `frontier area' has the meaning given to such term in regulations promulgated pursuant to section 330I(r). ``(2) Integrated health system.--The term `integrated health system' means a health system that-- ``(A) has a demonstrated capacity and commitment to provide a full range of primary care, specialty care, and hospital care in both inpatient and outpatient settings; and ``(B) is organized to provide such care in a coordinated fashion. ``(3) Qualifying integrated health system.-- ``(A) In general.--The term `qualifying integrated health system' means a public or private nonprofit entity that is an integrated health system that meets the requirements of subparagraph (B) and serves a medically underserved population (either through the staff and supporting resources of the integrated health system or through contracts or cooperative arrangements) by providing-- ``(i) required primary and preventive health and related services (as defined in paragraph (4)); and ``(ii) as may be appropriate for a population served by a particular integrated health system, integrative health services (as defined in paragraph (5)) that are necessary for the adequate support of the required primary and preventive health and related services and that improve care coordination. ``(B) Other requirements.--The requirements of this subparagraph are that the integrated health system-- ``(i) will make the required primary and preventive health and related services of the integrated health system available and accessible in the service area of the integrated health system promptly, as appropriate, and in a manner which assures continuity; ``(ii) will demonstrate financial responsibility by the use of such accounting procedures and other requirements as may be prescribed by the Secretary; ``(iii) provides or will provide services to individuals who are eligible for medical assistance under title XIX of the Social Security Act or for assistance under title XXI of such Act; ``(iv) has prepared a schedule of fees or payments for the provision of its services consistent with locally prevailing rates or charges and designed to cover its reasonable costs of operation and has prepared a corresponding schedule of discounts to be applied to the payment of such fees or payments, which discounts are adjusted on the basis of the patient's ability to pay; ``(v) will assure that no patient will be denied health care services due to an individual's inability to pay for such services; ``(vi) will assure that any fees or payments required by the system for such services will be reduced or waived to enable the system to fulfill the assurance described in clause (v); ``(vii) provides assurances that any grant funds will be expended to supplement, and not supplant, the expenditures of the integrated health system for primary and preventive health services for the medically underserved; and ``(viii) submits to the Secretary such reports as the Secretary may require to determine compliance with this subparagraph. ``(C) Treatment of certain entities.--The term `qualifying integrated health system' may include a nurse-managed health clinic if such clinic meets the requirements of subparagraphs (A) and (B) (except those requirements that have been waived under paragraph (4)(B)). ``(4) Required primary and preventive health and related services.-- ``(A) In general.--Except as provided in subparagraph (B), the term `required primary and preventive health and related services' means basic health services consisting of-- ``(i) health services related to family medicine, internal medicine, pediatrics, obstetrics, or gynecology that are furnished by physicians where appropriate, physician assistants, nurse practitioners, and nurse midwives; ``(ii) diagnostic laboratory services and radiologic services; ``(iii) preventive health services, including prenatal and perinatal care; appropriate cancer screening; well-child services; immunizations against vaccine- preventable diseases; screenings for elevated blood lead levels, communicable diseases, and cholesterol; pediatric eye, ear, and dental screenings to determine the need for vision and hearing correction and dental care; and voluntary family planning services; ``(iv) emergency medical services; and ``(v) pharmaceutical services, behavioral, mental health, and substance abuse services, preventive dental services, and recuperative care, as may be appropriate. ``(B) Exception.--In the case of an integrated health system serving a targeted population, the Secretary shall, upon a showing of good cause, waive the requirement that the integrated health system provide each required primary and preventive health and related service under this paragraph if the Secretary determines one or more such services are inappropriate or unnecessary for such population. ``(5) Integrative health services.--The term `integrative health services' means services that are not included as required primary and preventive health and related services and are associated with achieving the greater integration of a health care delivery system to improve patient care coordination so that the system either directly provides or ensures the provision of a broad range of culturally competent services. Integrative health services include but are not limited to the following: ``(A) Outreach activities. ``(B) Case management and patient navigation services. ``(C) Chronic care management. ``(D) Transportation to health care facilities. ``(E) Development of provider networks and other innovative models to engage local physicians and other providers to serve the medically underserved within a community. ``(F) Recruitment, training, and compensation of necessary personnel. ``(G) Acquisition of technology for the purpose of coordinating care. ``(H) Improvements to provider communication, including implementation of shared information systems or shared clinical systems. ``(I) Determination of eligibility for Federal, State, and local programs that provide, or financially support the provision of, medical, social, housing, educational, or other related services. ``(J) Development of prevention and disease management tools and processes. ``(K) Translation services. ``(L) Development and implementation of evaluation measures and processes to assess patient outcomes. ``(M) Integration of primary care and mental health services. ``(N) Carrying out other activities that may be appropriate to a community and that would increase access by the uninsured to health care, such as access initiatives for which private entities provide non- Federal contributions to supplement the Federal funds provided through the grants for the initiatives. ``(6) Specialty care.--The term `specialty care' means care that is provided through a referral and by a physician or nonphysician practitioner, such as surgical consultative services, radiology services requiring the immediate presence of a physician, audiology, optometric services, cardiology services, magnetic resonance imagery (MRI) services, computerized axial tomography (CAT) scans, nuclear medicine studies, and ambulatory surgical services. ``(7) Nurse-managed health clinic.--The term `nurse-managed health clinic' means a nurse-practice arrangement, managed by advanced practice nurses, that provides care for underserved and vulnerable populations and is associated with a school, college, or department of nursing or an independent nonprofit health or social services agency.''.

Patients and Public Health Partnership Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a demonstration project under which up to 30 qualifying integrated health systems receive grants for the costs of their operations to expand access to primary and preventive services for the medically underserved.

To amend the Public Health Service Act to authorize a demonstration project for integrated health systems to expand access to primary and preventive care for the medically underserved, and for other purposes.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2008, and for other purposes, namely: DEPARTMENT OF DEFENSE--CIVIL DEPARTMENT OF THE ARMY Corps of Engineers--Civil construction For an additional amount for ``Construction'', for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $2,835,000,000, to remain available until expended: Provided, That such sums shall not be available until October 1, 2008: Provided further, That the Secretary of the Army is directed to use $1,997,000,000 of the funds provided herein to modify authorized projects in southeast Louisiana to provide hurricane, storm and flood damage reduction in the greater New Orleans and surrounding areas to the levels of protection necessary to achieve the certification required for participation in the National Flood Insurance Program under the base flood elevations current at the time of enactment of this Act, and shall use $1,077,000,000 of those funds for the Lake Pontchartrain and Vicinity project and $920,000,000 of those funds for the West Bank and Vicinity project: Provided further, That, in addition, $838,000,000 of the funds provided herein shall be for elements of Southeast Louisiana Urban Drainage project within the geographic perimeter of the West Bank and Vicinity and Lake Pontchartrain and Vicinity projects, to provide for interior drainage of runoff from rainfall with a 10 percent annual exceedance probability: Provided further, That the amounts provided here in shall be subject to a 65 percent Federal / 35 percent non-Federal cost share for the specified purposes: Provided further, That beginning not later than 60 days after the date of enactment of this Act, the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, shall provide monthly reports to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these fund: Provided further, That the amount under this heading is designated as an emergency requirement and necessary to meet emergency needs pursuant to subsection (a) and (b) of section 204 of S. Con. Res. 21 (110th Congress), the concurrent resolution on the budget for fiscal year 2008. flood control and coastal emergencies For an additional amount for ``Flood Control and Coastal Emergencies'', as authorized by section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), for necessary expenses relating to the consequences of Hurricane Katrina and other hurricanes of the 2005 season, $2,926,000,000, to remain available until expended: Provided, That such sums shall not be available until October 1, 2008: Provided further, That funds provided herein shall be used to reduce the risk of hurricane and storm damages to the greater New Orleans metropolitan area, at full Federal expense, for the following: $704,000,000 shall be used to modify the 17th Street, Orleans Avenue and London Avenue drainage canals and install pumps and closure structures at or near the lakefront; $90,000,000 shall be used for storm-proofing interior pump stations to ensure the operability of the stations during hurricanes, storms, and high water events; $459,000,000 shall be used for armoring critical elements of the New Orleans hurricane and storm damage reduction system; $53,000,000 shall be used to improve protection at the Inner Harbor Navigation Canal; $456,000,000 shall be used to replace or modify certain non-Federal levees in Plaquemines Parish to incorporate the levees into the existing New Orleans to Venice hurricane protection project; $412,000,000 shall be used for reinforcing or replacing flood walls, as necessary, in the existing Lake Pontchartrain and Vicinity project and the existing West Bank and Vicinity project to improve the performance of the systems; $393,000,000 shall be used for repair and restoration of authorized protections and floodwalls; and $359,000,000 shall be used to complete the authorized protection for the Lake Pontchartrain and Vicinity Project and for the West Bank and Vicinity Project: Provided further, That beginning not later than 60 days after the date of enactment of this Act, the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, shall provide monthly reports to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds: Provided further, That any project using funds appropriated under this heading shall be initiated only after non-Federal interests have entered into binding agreements with the Assistant Secretary of the Army for Civil Works requiring the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of completed elements and to hold and save the United States free from damages due to the construction, operation, and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further, That the expenditure of funds as provided above may be made without regard to individual amounts or purposes except that any reallocation of funds that is necessary to accomplish the established goals is authorized, subject to the approval of the House and Senate Committees on Appropriations: Provided further, That the amount under this heading is designated as an emergency requirement and necessary to meet emergency needs pursuant to subsection (a) and (b) of section 204 of S. Con. Res. 21 (110th Congress), the concurrent resolution on the budget for fiscal year 2008.

Makes emergency supplemental FY2008 appropriations for disaster relief and recovery related to Hurricanes Katrina, Wilma, Dennis, and Rita to the Department of Defense (Civil) for construction, flood control, and coastal emergencies.

To make emergency supplemental appropriations for Katrina recovery for the fiscal year ending September 30, 2007, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Networking Online Protection Act''. SEC. 2. EMPLOYER ACCESS TO PERSONAL ACCOUNTS ON SOCIAL NETWORKING WEBSITES. (a) Conduct Prohibited.--It shall be unlawful for any employer-- (1) to require or request that an employee or applicant for employment provide the employer with a password or any other means for accessing a private email account of the employee or applicant or a personal online account of the employee or applicant, including any social networking website; or (2) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or applicant for employment because-- (A) the employee or applicant for employment refuses or declines to provide password or other means for accessing a private email account of the employee or applicant or a personal online account of the employee or applicant, including any social networking website; or (B) such employee or applicant for employment has 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. (b) Enforcement.-- (1) Civil penalties.-- (A) In general.--Subject to paragraph (2), any employer who violates any provision of this Act may be assessed a civil penalty of not more than $10,000. (B) Determination of amount.--In determining the amount of any penalty under paragraph (1), the Secretary of Labor shall take into account the previous record of the person in terms of compliance with this Act and the gravity of the violation. (C) Collection.--Any civil penalty assessed under this subsection shall be collected in the same manner as is required by subsections (b) through (e) of section 503 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1853) with respect to civil penalties assessed under subsection (a) of such section. (2) Injunctive actions by the secretary of labor.--The Secretary of Labor may bring an action under this section to restrain violations of this Act. In any action brought under this section, the district courts of the United States shall have jurisdiction, for cause shown, to issue temporary or permanent restraining orders and injunctions to require compliance with this Act, including such legal or equitable relief incident thereto as may be appropriate, including, employment, reinstatement, promotion, and the payment of lost wages and benefits. SEC. 3. INSTITUTION OF HIGHER EDUCATION ACCESS TO PERSONAL ACCOUNTS ON SOCIAL NETWORKING WEBSITES. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1095(a)) is amended by adding at the end the following: ``(30)(A) The institution will not-- ``(i) require or request that a student or potential student provide the institution with a password or any other means for accessing a private email account of the student or potential student or a personal online account of the student or potential student, including any social networking website; or ``(ii) discharge, discipline, discriminate against in any manner, or deny admission to, suspend, or expel, or threaten to take any such action against, any student or potential student because-- ``(I) the student or potential student refuses or declines to provide a password or other means for accessing a private email account of the student or potential student or a personal online account of the student or potential student, including any social networking website; or ``(II) such student or potential student has filed any complaint or instituted or caused to be instituted any proceeding under or related to this paragraph or has testified or is about to testify in any such proceeding. ``(B) For purposes of this paragraph, the term `social networking website' has the meaning given such term in section 5(2) of the Social Networking Online Protection Act.''. SEC. 4. LOCAL EDUCATIONAL AGENCY ACCESS TO PERSONAL ACCOUNTS ON SOCIAL NETWORKING WEBSITES. (a) In General.--Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1094 et seq.) is amended by adding at the end the following new section: ``SEC. 9537. PROHIBITION ON ACCESS TO PERSONAL ACCOUNTS OF STUDENTS. ``(a) In General.--No local educational agency receiving funds under this Act may-- ``(1) require or request that a student or potential student provide the agency or a school served by the agency with a password or any other means for accessing a private email account of the student or potential student or a personal online account of the student or potential student, including any social networking website; or ``(2) discharge, discipline, discriminate against in any manner, or deny admission to, suspend, or expel, or threaten to take any such action against, any student or potential student because-- ``(A) the student or potential student refuses or declines to provide a password or other means for accessing a private email account of the student or potential student or a personal online account of the student or potential student, including any social networking website; or ``(B) such student or potential student has filed any complaint or instituted or caused to be instituted any proceeding under or related to this paragraph or has testified or is about to testify in any such proceeding. ``(b) Definition.--For purposes of this subsection, the term `social networking website' has the meaning given such term in section 5(2) of the Social Networking Online Protection Act.''. (b) Clerical Amendment.--The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to section 9536, the following new item: ``Sec. 9537. Prohibition on access to personal accounts of students.''. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``employer'' means any person acting directly or indirectly in the interest of an employer in relation to an employee or an applicant for employment; and (2) the term ``social networking website'' means any Internet service, platform, or website that provides a user with a distinct account-- (A) whereby the user can access such account by way of a distinct user name, password, or other means distinct for that user; and (B) that is primarily intended for the user to upload, store, and manage user-generated personal content on the service, platform, or website.

Social Networking Online Protection Act This bill prohibits employers from: (1) requiring or requesting that employees or applicants for employment provide their passwords or any other means for accessing their private email accounts or personal online accounts, including social networking websites; or (2) discharging, disciplining, discriminating against, denying employment or promotion to, or threatening to take any such action against employees or applicants who refuse to provide such information, file a complaint or institute a proceeding under this bill, or testify in any such proceeding. Employers who violate these prohibitions are subject to: (1) civil penalties; (2) the authority of the Department of Labor to bring injunctive actions; and (3) the jurisdiction of U.S. district courts to provide legal or equitable relief including employment, reinstatement, promotion, and payment of lost wages and benefits. The Higher Education Act of 1965 and the Elementary and Secondary Education Act of 1965 are amended to prohibit certain institutions of higher education and local educational agencies from requesting such password or account information from students or potential students. The bill prohibits denial of admission, suspension, expulsion, and other discipline or discrimination against students who decline to provide such information, file a complaint, institute a proceeding, or testify in any related proceeding.

Social Networking Online Protection Act

That this Act may be cited as the ``Intergovernmental Mandate Relief Act of 1993''. findings and purpose Sec. 2. (a) The Congress finds and declares that-- (1) Federal regulation of State and local governments has become increasingly extensive and intrusive in recent years; (2) such regulation has, in many instances, adversely affected the ability of State and local governments to achieve their independent responsibilities; and (3) such excessive fiscal burdens also undermine the attainment of the goals of Federal regulations. (b) Therefore, it is the purpose of this Act to establish procedures to assure that the Federal Government pays the total amount of additional direct costs incurred by State and local governments in complying with any intergovernmental regulation which takes effect on or after the date of enactment of this Act. definitions Sec. 3. For purposes of this Act, the term-- (1) ``additional direct costs'' means the amount of costs incurred by a State or local government solely in complying with an intergovernmental regulation promulgated pursuant to a Federal law concerning a particular activity which is in excess of the amount that such State or local government would be required to expend in carrying out such activity in the absence of such law, except that such term does not include any amount which a State or local government is required by law to contribute as a non-Federal share under a Federal assistance program; (2) ``Director'' means the Director of the Congressional Budget Office; (3) ``Federal agency'' has the meaning given to the term ``executive agency'' in section 6501(3) of title 31, United States Code; (4) ``Federal assistance'' means any assistance provided by a Federal agency to State and local governments or other recipients, in the form of grants, loans, loan guarantees, property, cooperative agreements, or technical assistance, except that such term does not include direct cash assistance to individuals, contracts for the procurement of goods or services for the United States, or insurance; (5) ``Intergovernmental regulation'' means a regulation promulgated by a Federal agency that requires a State or local government to take certain actions or requires a State or local government to comply with certain specified conditions in order to receive or continue to receive Federal assistance and which requires the termination or reduction of such assistance if such government fails to comply with such conditions; (6) ``local government'' has the same meaning as in section 6501(6) of title 31, United States Code; (7) ``significant law'' means any Federal law which is likely, in the judgment of the Director, to result in total additional direct costs to all State and local governments of $25,000,000 or more in any fiscal year, or is likely to have exceptional fiscal consequences for a geographic region or a particular level of government; and (8) ``State'' means each of the several States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. compensation of state and local governments for additional direct costs Sec. 4. (a) Except as provided in subsection (b), a Federal agency or a court of the United States shall not require State governments or local governments to comply, in any fiscal year, with any intergovernmental regulation which-- (1) takes effect on or after the date of enactment of this Act; and (2) is promulgated pursuant to a significant law, unless provisions of law have been enacted which provide a sufficient amount of funds for such fiscal year to reimburse such governments for the total amount of additional direct costs that will be incurred by such governments in complying with such regulation during such fiscal year. (b)(1) Notwithstanding subsection (a), a Federal agency or a court of the United States may require State and local governments to comply with an intergovernmental regulation to which subsection (a) applies and which will be in effect during a fiscal year if, with respect to such intergovernmental regulation and such fiscal year, a joint resolution described in paragraph (2) is enacted by a two-thirds vote of the Members of each House of Congress, duly chosen and sworn. (2) A joint resolution referred to in paragraph (1) is a joint resolution which, with respect to an intergovernmental regulation that will be in effect during a fiscal year, waives the provisions of subsection (a) that require that provisions of law be enacted to provide a sufficient amount of funds for such fiscal year to reimburse State and local governments for the total amount of additional direct costs that will be incurred by such governments in complying with such regulation during such fiscal year. (c) For purposes of this section, the total amount of additional direct costs that will be incurred by State governments and local governments in complying with an intergovernmental regulation in any fiscal year shall be the total amount of such costs for such regulation estimated by the Director for such fiscal year in the report required under section 5 for such fiscal year. report by the director Sec. 5. (a) For each fiscal year in which an intergovernmental regulation promulgated pursuant to a significant law will be in effect, the Director shall prepare and transmit to the President and the Congress a report specifying, for each such intergovernmental regulation and with respect to such fiscal year and the fiscal year succeeding such fiscal year-- (1) an estimate of the total amount of additional direct costs that will be incurred by all State governments and local governments in complying with such intergovernmental regulation in each such fiscal year; and (2) an estimate, for each such intergovernmental regulation, of-- (A) the total amount of additional direct costs that have been incurred or will be incurred in each such fiscal year by the government of each State and all local governments in such State in complying with such regulation in each such fiscal year; and (B) the ratio (stated as a percentage) which the total amount of additional direct costs that have been incurred or will be incurred by all local governments in a State in complying with such regulation in each such fiscal year bears to the total amount of additional direct costs that have been incurred or will be incurred by the government of such State and all local governments in such State in complying with such regulation in such fiscal year. (b) The Director shall transmit each report required by subsection (a) for a fiscal year to the President and the Congress by September 1 of the fiscal year preceding such fiscal year. certain legislative action required Sec. 6. (a) For each fiscal year in which an intergovernmental regulation promulgated pursuant to a significant law will be in effect, the chairman of the committees of the Senate and of the House of Representatives having legislative jurisdiction over such significant law shall propose, to an appropriate bill or resolution providing funds for such fiscal year, an amendment containing provisions to appropriate funds to reimburse State governments and local governments for the additional direct costs incurred in complying with such regulation. The amount of funds proposed to be appropriated by such amendment shall be equal to or in excess of the amount described in section 4(a). (b) Subsection (a) does not apply with respect to an intergovernmental regulation which will be in effect during a fiscal year if, with respect to such intergovernmental regulation and such fiscal year, a joint resolution has been enacted in accordance with section 4(b). payment of reimbursements Sec. 7. (a)(1) The head of each Federal agency which administers an intergovernmental regulation promulgated pursuant to a significant law shall pay to each State government in each fiscal year the amount determined pursuant to this section to reimburse the State government and local governments in the State for the additional direct costs incurred by such governments in complying with such regulation in such fiscal year. (2) A State government which receives payments under this section for reimbursement for additional direct costs incurred in complying with an intergovernmental regulation in any fiscal year shall pay to each local government in the State the amount determined pursuant to this section to reimburse such local government for the additional direct costs incurred by such local government in complying with such regulation in such fiscal year. (b) The total amount to be paid to a State to reimburse the government of the State and local governments in the State for additional direct costs incurred by such governments in complying with an intergovernmental regulation in any fiscal year shall be an amount which bears the same ratio to the total amount for reimbursement of additional direct costs for all State governments and local governments described in section 4(a) with respect to such regulation for such fiscal year as the total amount of additional direct costs with respect to such regulation specified under section 5(a)(2)(A) for such State government and local governments in such State for such fiscal year in the report submitted by the Director under section 5 for such fiscal year bears to the total amount of additional direct costs with respect to such regulation which are specified under section 5(a)(1) in such report for all State governments and all local governments for such fiscal year. (c)(1) The total amount to be paid by a State government to local governments in such State to reimburse such governments for additional direct costs incurred by such governments in complying with an intergovernmental regulation in any fiscal year shall be equal to the product of the amount paid to the State under subsection (b) for such fiscal year multiplied by the ratio specified by the Director for such State under section 5(a)(2)(B) with respect to such regulation for such fiscal year in the report submitted by the Director under section 5 for such fiscal year. (2)(A) A State government which receives payments under this section to reimburse local governments in the State for the additional direct costs incurred by such governments in complying with an intergovernmental regulation in any fiscal year shall pay to each such local government an amount equal to the product of-- (i) the total amount determined under paragraph (1) with respect to such regulation for such fiscal year, multiplied by (ii) the ratio (stated as a percentage and estimated by the State in accordance with subparagraph (B)) that the total amount of additional direct costs incurred by such local government in complying with such regulation in such fiscal year bears to the total amount of additional direct costs incurred by all local governments in such State in complying with such regulation in such fiscal year. (B) Each State government which receives payments under this section for any fiscal year shall provide by law for the estimation of the amount of additional direct costs incurred by each local government in such State in complying with an intergovernmental regulation for which such payments are received. In providing for the estimation of such costs, the State shall establish procedures and methods for the estimation of such costs which are reasonably related to the actual additional direct costs incurred by such governments in complying with such regulation in such fiscal year. (d) This section does not apply with respect to an intergovernmental regulation which will be in effect during a fiscal year if, with respect to such intergovernmental regulation and such fiscal year, a joint resolution has been enacted in accordance with section 4(b). effect of subsequent enactments Sec 8. No law enacted after the date of enactment of this Act shall supersede the provisions of this Act unless such law does so in specific terms, referring to this Act and declares that such law supersedes the provisions of this Act. miscellaneous Sec. 9. Section 403(c) of the Congressional Budget Act of 1974 is amended by striking out ``$200,000,000'' and inserting in lieu thereof ``$100,000,000''.

Intergovernmental Mandate Relief Act of 1993 - Prohibits a Federal agency or court from requiring compliance in any fiscal year by State or local governments with any intergovernmental regulation unless provisions of law have been enacted which compensate such governments for additional direct costs incurred by such compliance. Declares that the compensation requirement may be waived by the enactment of a joint resolution of the Congress. Requires the Director of the Congressional Budget Office (CBO) to estimate such additional direct costs and include such estimates in annual reports to the President and the Congress. Requires congressional committees to propose amendments to significant laws for which regulations will be promulgated containing provisions to compensate State and local governments for additional direct costs of complying with any intergovernmental regulation which takes effect on or after enactment of this Act. Establishes procedures for Federal agencies to reimburse State governments for additional direct costs and for State governments to reimburse local governments for such costs. Amends the Congressional Budget Act of 1974 to require CBO to prepare cost estimates for bills or resolutions which are likely to cost State and local governments $100 million (currently, $200 million) or more annually.

Intergovernmental Mandate Relief Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) from 1927 to 1931, at the direction of Congress, the Corps of Engineers investigated the Columbia River and its tributaries to determine sites at which power could be produced at low cost; (2) under section 10(e) of the Federal Power Act (16 U.S.C. 803(e)), when licenses are issued involving tribal land within an Indian reservation, a reasonable annual charge shall be fixed for the use of the land, subject to the approval of the Indian tribe having jurisdiction over the land; (3) in August 1933, the Columbia Basin Commission, an agency of the State of Washington, received a preliminary permit from the Federal Power Commission for water power development at the Grand Coulee site; (4) had the Columbia Basin Commission or a private entity developed the site, the Spokane Tribe would have been entitled to a reasonable annual charge for the use of its land; (5) in the mid-1930s, the Federal Government, which is not subject to licensing under the Federal Power Act (16 U.S.C. 792 et seq.)-- (A) federalized the Grand Coulee Dam project; and (B) began construction of the Grand Coulee Dam; (6) when the Grand Coulee Dam project was federalized, the Federal Government recognized that-- (A) development of the project affected the interests of the Spokane Tribe and the Confederated Tribes of the Colville Reservation; and (B) it would be appropriate for the Spokane and Colville Tribes to receive a share of revenue from the disposition of power produced at Grand Coulee Dam; (7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.), Congress-- (A) granted to the United States-- (i) in aid of the construction, operation, and maintenance of the Columbia Basin Project, all the right, title, and interest of the Spokane Tribe and Colville Tribes in and to the tribal and allotted land within the Spokane and Colville Reservations, as designated by the Secretary of the Interior from time to time; and (ii) other interests in such land as required and as designated by the Secretary for certain construction activities undertaken in connection with the project; and (B) provided that compensation for the land and other interests was to be determined by the Secretary in such amounts as the Secretary determined to be just and equitable; (8) pursuant to that Act, the Secretary paid-- (A) to the Spokane Tribe, $4,700; and (B) to the Confederated Tribes of the Colville Reservation, $63,000; (9) in 1994, following litigation under the Act of August 13, 1946 (commonly known as the ``Indian Claims Commission Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et seq.)), Congress ratified the Colville Settlement Agreement, which required-- (A) for past use of the Colville Tribes' land, a payment of $53,000,000; and (B) for continued use of the Colville Tribes' land, annual payments of $15,250,000, adjusted annually based on revenues from the sale of electric power from the Grand Coulee Dam project and transmission of that power by the Bonneville Power Administration; (10) the Spokane Tribe, having suffered harm similar to that suffered by the Colville Tribes, did not file a claim within the Indian Claims Commission Act's 5-year statute of limitations; (11) neither the Colville Tribes nor the Spokane Tribe filed claims for compensation for use of their land with the Commission before August 13, 1951, but both Tribes filed unrelated land claims prior to August 13, 1951; (12) in 1976, over objections by the United States, the Colville Tribes were successful in amending their 1951 Claims Commission land claims to add their Grand Coulee claim; (13) the Spokane Tribe had no such claim to amend, having settled its Claims Commission land claims with the United States in 1967; (14) the Spokane Tribe has suffered significant harm from the construction and operation of Grand Coulee Dam; (15) Spokane tribal acreage taken by the United States for the construction of Grand Coulee Dam equaled approximately 39 percent of Colville tribal acreage taken for construction of the dam; (16) the payments and land transfers made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam; and (17) by vote of the Spokane tribal membership, the Spokane Tribe has resolved that the payments and land transfers made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane Tribal land for the production of hydropower at Grand Coulee Dam. SEC. 3. PURPOSE. The purpose of this Act is to provide fair and equitable compensation to the Spokane Tribe for the use of its land for the generation of hydropower by the Grand Coulee Dam. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Bonneville Power Administration or the head of any successor agency, corporation, or entity that markets power produced at Grand Coulee Dam. (2) Colville settlement agreement.--The term ``Colville Settlement Agreement'' means the Settlement Agreement entered into between the United States and the Colville Tribes, signed by the United States on April 21, 1994, and by the Colville Tribes on April 16, 1994, to settle the claims of the Colville Tribes in Docket 181-D of the Indian Claims Commission, which docket was transferred to the United States Court of Federal Claims. (3) Colville tribes.--The term ``Colville Tribes'' means the Confederated Tribes of the Colville Reservation. (4) Computed annual payment.--The term ``Computed Annual Payment'' means the payment calculated under paragraph 2.b. of the Colville Settlement Agreement, without regard to any increase or decrease in the payment under section 2.d. of the agreement. (5) Confederated tribes act.--The term ``Confederated Tribes Act'' means the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (108 Stat. 4577). (6) Fund.--The term ``Fund'' means the Spokane Tribe of Indians Settlement Fund established by section 5. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Spokane business council.--The term ``Spokane Business Council'' means the governing body of the Spokane Tribe under the constitution of the Spokane Tribe. (9) Spokane tribe.--The term ``Spokane Tribe'' means the Spokane Tribe of Indians of the Spokane Reservation, Washington. SEC. 5. SETTLEMENT FUND. (a) Establishment of Fund.--There is established in the Treasury of the United States an interest- bearing trust fund to be known as the ``Spokane Tribe of Indians Settlement Fund'', consisting of-- (1) amounts deposited in the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund. (b) Deposits.--From amounts made available under section 11-- (1) for fiscal year 2009, the Secretary shall deposit in the Fund $23,900,000; and (2) for each of the 4 fiscal years thereafter, the Secretary shall deposit in the Fund $18,900,000. (c) Maintenance and Investment of Fund.--The Fund shall be maintained and invested by the Secretary in accordance with the Act of June 24, 1938 (25 U.S.C. 162a). (d) Payment of Funds to Spokane Business Council.-- (1) Request.--At any time after funds are deposited in the Fund, the Spokane Business Council may submit to the Secretary written notice of the adoption by the Spokane Business Council of a resolution requesting that the Secretary pay all or a portion of the amounts in the Fund to the Spokane Business Council. (2) Payment.--Not later than 60 days after receipt of a notice under paragraph (1), the Secretary shall pay the amount requested to the Spokane Business Council. (e) Use of Funds.-- (1) Cultural resource repository and interpretive center.-- (A) In general.--Of the initial deposit under subsection (b)(1), $5,000,000 shall be used by the Spokane Business Council for the planning, design, construction, equipping, and continuing operation and maintenance of a Cultural Resource Repository and Interpretive Center to-- (i) house, preserve, and protect the burial remains and funerary and cultural resources affected by the operation of the Grand Coulee Dam; and (ii) provide an interpretive and educational facility regarding the culture and history of the Spokane Tribe. (B) Effect.--The funding under subparagraph (A) does not alter or affect any authority, obligation, or responsibility of the United States under-- (i) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); (ii) the Archaeological Resources Protection Act (16 U.S.C. 470aa et seq.); (iii) the National Historic Preservation Act (16 U.S.C. 470 et seq.); or (iv) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Other uses.--Of all other amounts deposited in the Fund (including interest generated on those amounts)-- (A) 25 percent shall be-- (i) reserved by the Spokane Business Council; and (ii) used for discretionary purposes of general benefit to all members of the Spokane Tribe; and (B) 75 percent shall be used by the Spokane Business Council to carry out-- (i) resource development programs; (ii) credit programs; (iii) scholarship programs; or (iv) reserve, investment, and economic development programs. SEC. 6. PAYMENTS BY ADMINISTRATOR. (a) Initial Payment.--On March 1, 2009, the Administrator shall pay to the Spokane Tribe an amount equal to 29 percent of the Computed Annual Payment for fiscal year 2008. (b) Subsequent Payments.--Not later than March 1, 2010, and March 1 of each year thereafter, the Administrator shall pay the Spokane Tribe an amount equal to 29 percent of the Computed Annual Payment for the preceding fiscal year. (c) Payment Recovery.-- (1) In general.--In accordance with the payment schedule described in subsection (b), the Administrator shall make commensurate cost reductions in expenditures, on an annual basis, to recover each payment to the Spokane Tribe under this section. (2) Requirement.--The Administrator shall include a description of a cost reduction plan as required under paragraph (1) in the annual budget submitted by the Administrator to Congress. SEC. 7. TREATMENT AFTER FUNDS ARE PAID. (a) Use of Payments.--Payments made to the Spokane Business Council or Spokane Tribe under section 5 or 6 may be used or invested by the Business Council in the same manner and for the same purposes as other Spokane Tribe governmental funds. (b) No Trust Responsibility of the Secretary.--Neither the Secretary nor the Administrator shall have any trust responsibility for the investment, supervision, administration, or expenditure of any funds after the date on which the funds are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6. (c) Treatment of Funds for Certain Purposes.--The payments of all funds to the Spokane Business Council and Spokane Tribe under sections 5 and 6, and the interest and income generated by the funds, shall be treated in the same manner as payments under section 6 of the Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act (100 Stat. 677). (d) Tribal Audit.--After the date on which funds are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6, the funds shall-- (1) constitute Spokane Tribe governmental funds; and (2) be subject to an annual tribal government audit. SEC. 8. REPAYMENT CREDIT. (a) In General.--The Administrator shall deduct from the interest payable to the Secretary of the Treasury from net proceeds (as defined in section 13 of the Federal Columbia River Transmission System Act (16 U.S.C. 838k))-- (1) in fiscal year 2009, $1,300,000; and (2) in each subsequent fiscal year in which the Administrator makes a payment under section 6, $1,300,000. (b) Crediting.-- (1) In general.--Except as provided in paragraphs (2) and (3), each deduction made under this section shall be-- (A) a credit to the interest payments otherwise payable by the Administrator to the Secretary of the Treasury during the fiscal year in which the deduction is made; and (B) allocated pro rata to all interest payments on debt associated with the generation function of the Federal Columbia River Power System that are due during the fiscal year. (2) Deduction greater than amount of interest.--If, in any fiscal year, the deduction is greater than the amount of interest due on debt associated with the generation function for the fiscal year, the amount of the deduction that exceeds the interest due on debt associated with the generation function shall be allocated pro rata to all other interest payments due during the fiscal year. (3) Credit.--To the extent that a deduction exceeds the total amount of interest described in paragraphs (1) and (2), the deduction shall be applied as a credit against any other payments that the Administrator makes to the Secretary of the Treasury. SEC. 9. TRANSFER OF ADMINISTRATIVE JURISDICTION AND RESTORATION OF OWNERSHIP OF LAND. (a) Transfer of Jurisdiction.--The Secretary shall transfer administrative jurisdiction from the Bureau of Reclamation to the Bureau of Indian Affairs over all land acquired by the United States under the Act of June 29, 1940 (16 U.S.C. 835d), that is located within the exterior boundaries of the Spokane Indian Reservation established pursuant to the Executive Order of January 18, 1881. (b) Restoration of Ownership in Trust.-- (1) In general.--All land transferred under this section-- (A) shall be held in trust for the benefit and use of the Spokane Tribe; and (B) shall remain part of the Spokane Indian Reservation. (2) Federal trust responsibility.--The Federal trust responsibility for all land transferred under this section shall be the same as the responsibility for other tribal land held in trust within the Spokane Indian Reservation. (c) Colville-Spokane Reservation Boundary.--Nothing in this section establishes or affects the precise location of the boundary between the Spokane Indian Reservation and the Colville Reservation along the Columbia River. (d) Reservation of Rights.-- (1) In general.--The United States reserves a perpetual right, power, privilege, and easement over the land transferred under this section to carry out the Columbia Basin Project under the Columbia Basin Project Act (16 U.S.C. 835 et seq.). (2) Rights included.--The rights reserved under paragraph (1) further include the right to operate, maintain, repair, and replace boat ramps, docks, and other recreational facilities owned or permitted by the United States and existing on the date of enactment of this Act. (3) Retention of national park system status.-- (A) In general.--Land transferred under this section that, before the date of enactment of this Act, was included in the Lake Roosevelt National Recreation Area shall remain part of the Recreation Area. (B) Administration.--Nothing in this section shall affect the authority or responsibility of the National Park Service to administer the Lake Roosevelt National Recreation Area under the Act of August 25, 1916 (39 Stat. 535, chapter 408; 16 U.S.C. 1 et seq.). (4) Memorandum of understanding.--The cognizant agencies of the Department of the Interior shall enter into a memorandum of understanding with the Spokane Tribe to provide for coordination in applying this subsection. SEC. 10. SATISFACTION OF CLAIMS. Payment by the Secretary under section 5 and the Administrator under section 6 and restoration of ownership of land in trust under section 9 constitute full satisfaction of the claim of the Spokane Tribe to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of land of the Spokane Tribe for the production of hydropower at Grand Coulee Dam. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. SEC. 12. PRECEDENT. Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration.

Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act - Establishes in the Treasury the Spokane Tribe of Indians Settlement Fund. Requires the payment of compensation to the Spokane Business Council for the use of tribal lands for the generation of hydropower from the Grand Coulee Dam. Requires the use of such funds, in part, for a Cultural Resource Repository and Interpretive Center concerning the culture and history of the Spokane Tribe. Directs the Administrator of the Bonneville Power Administration to make specified settlement payments to the Spokane Tribe. Allows payments made to the Spokane Business Council or Spokane Tribe to be used or invested by the Business Council in the same manner and for the same purposes as other Spokane Tribal governmental funds. Directs the Secretary of the Interior to transfer administrative jurisdiction from the Bureau of Reclamation to the Bureau of Indian Affairs over certain land located within the exterior boundaries of the Spokane Indian Reservation. Provides that payments by the Secretary and the Administrator and restoration of ownership of land in trust constitute full satisfaction of the claim of the Spokane Tribe to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of land of the Spokane Tribe for the production of hydropower at Grand Coulee Dam.

To provide for equitable compensation to the Spokane Tribe of Indians of the Spokane Reservation for the use of tribal land for the production of hydropower by the Grand Coulee Dam, and for other purposes.

SECTION 1. LIMITATION ON DISCRIMINATORY TAXATION OF NATURAL GAS PIPELINE PROPERTY. (a) Definitions.--As used in this Act, the following definitions apply: (1) Assessment.--The term ``assessment'' means valuation for a property tax levied by a taxing authority. (2) Assessment jurisdiction.--The term ``assessment jurisdiction'' means a geographical area used in determining the assessed value of property for ad valorem taxation. (3) Commercial and industrial property.--The term ``commercial and industrial property'' means property (excluding natural gas pipeline property, public utility property, and land used primarily for agricultural purposes or timber growth) devoted to commercial or industrial use and subject to a property tax levy. (4) Natural gas pipeline property.--The term ``natural gas pipeline property'' means all property, real, personal, and intangible, owned or used by a natural gas pipeline providing transportation or storage of natural gas subject to the jurisdiction of the Federal Energy Regulatory Commission. (5) Public utility property.--The term ``public utility property'' means property (excluding natural gas pipeline property) that is devoted to public service and is owned or used by any entity that performs a public service and is regulated by any governmental agency. SEC. 2. DISCRIMINATORY ACTS. (a) In General.--The acts specified in subsection (b) unreasonably burden and discriminate against interstate commerce. (b) Discriminatory Acts.--A State, subdivision of a State, authority acting for a State or subdivision of a State, or any other taxing authority (including a taxing jurisdiction and a taxing district) may not do any of the following: (1) Assessments.--Assess natural gas pipeline property at a value that has a higher ratio to the true market value of the natural gas pipeline property than the ratio that the assessed value of commercial and industrial property in the same assessment jurisdiction has to the true market value of such commercial and industrial property. (2) Assessment taxes.--Levy or collect a tax on an assessment that may not be made under paragraph (1). (3) Ad valorem taxes.--Levy or collect an ad valorem property tax on natural gas pipeline property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. (4) Other taxes.--Impose any other tax that discriminates against a natural gas pipeline providing transportation or storage of natural gas subject to the jurisdiction of the Federal Energy Regulatory Commission. SEC. 3. JURISDICTION OF COURTS; RELIEF. (a) Grant of Jurisdiction.--Notwithstanding section 1341 of title 28, United States Code, and notions of comity, and without regard to the amount in controversy or citizenship of the parties, a district court of the United States shall have jurisdiction, concurrent with other jurisdiction of the courts of the United States, of States, and of all other taxing authorities and taxing jurisdictions, to prevent a violation of this Act. (b) Relief in General.--Except as provided in subsection (c), relief may be granted under this Act only if the ratio of assessed value to true market value of natural gas pipeline property exceeds by at least 5 percent the ratio of assessed value to true market value of other commercial and industrial property in the same assessment jurisdiction. (c) Other Relief.--If the ratio of the assessed value of other commercial and industrial property in the assessment jurisdiction to the true market value of all other commercial and industrial property cannot be determined to the satisfaction of the court through the random-sampling method known as a sales assessment ratio study (to be carried out under statistical principles applicable to such a study), each of the following shall be a violation of this Act for which relief under this Act may be granted: (1) Assessments.--An assessment of the natural gas pipeline property at a value that has a higher ratio of assessed value to the true market value of the natural gas pipeline property than the ratio of the assessed value of all other property (excluding public utility property) subject to a property tax levy in the assessment jurisdiction has to the true market value of all other property (excluding public utility property). (2) Ad valorem taxes.--The collection of an ad valorem property tax on the natural gas pipeline property at a tax rate that exceeds the tax rate applicable to all other taxable property (excluding public utility property) in the taxing jurisdiction.

Describes the following as acts that unreasonably burden and discriminate against interstate commerce, and prohibits States, political subdivisions, and any other taxing authority from: (1) assessing natural gas pipeline property at a value that has a higher ratio to its true market value than the ratio used to assess other commercial and industrial property in the same assessment jurisdiction; (2) levying or collecting a tax on such an assessment; (3) levying or collecting an ad valorem property tax on natural gas pipeline property at a rate that exceeds the rate applicable to commercial and industrial property in the same assessment jurisdiction; or (4) imposing any other tax that discriminates against a natural gas pipeline providing transportation or storage of natural gas subject to the jurisdiction of the Federal Energy Regulatory Commission. Grants jurisdiction to U.S. District Courts and provides for specified relief for claims of discriminatory taxation of natural gas pipeline property.

A bill to prevent certain discriminatory taxation of natural gas pipeline property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Tax Relief for Working Older Americans''. SEC. 2. FINDINGS. The Congress finds that-- (1) no American should be unfairly discouraged from working; (2) older Americans are currently severely penalized for attempting to continue to work past the Federal retirement age; (3) an older American that earns just $10,560 annually will face an effective Federal marginal tax rate of 56 percent; (4) continued American economic strength and prosperity will require retaining our most experienced and dependable workers; (5) By eliminating the $200,000,000 administrative expense spent each year by the Social Security Administration enforcing the earning penalties, and encouraging more older Americans to continue to work while productive, Federal revenues would be increased by over $140,000,000, and a significant increase in Social Security reserves would accrue as well. SEC. 3. REPEAL OF TAX PENALTY ON OLDER AMERICANS. (a) Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in paragraph (1) of subsection (c), paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(l))''; (2) in subsection (f)(1)(B), by striking ``age seventy'' and inserting ``retirement age (as defined in section 216(l))''; (3) in subsection (f)(3)-- (A) by striking ``33\1/3\ percent'' and all that follows through ``multiplied by the number of months in such year'' and inserting ``50 percent of his earnings for such year in excess of the product derived by multiplying the applicable exempt amount as determined under paragraph (8) by the number of months in such year'', and (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''; (4) in subsection (g)-- (A) by striking ``attained age 70'' and inserting ``attained the age of retirement (as defined in section 216(l))'', and (B) by striking ``under age 70'' and inserting ``under the age of retirement (as defined in section 216(l))''; (5) in subsection (j)-- (A) by striking ``age seventy'' in the heading and inserting ``retirement age'', and (B) by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(l))''. SEC. 4. CONFORMING AND RELATED AMENDMENTS. (a) Section 203 of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended-- (1) in the last sentence of subsection (c), by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; (2) in subsection (f)(1) by striking clause (D) and inserting the following ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60, or''; (3) in subsection (f)(8)(A), by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals which are to be applicable'' and inserting ``the new exempt amount which is to be applicable''; (4) in subsection (f)(8)(B)-- (A) by striking all that precedes clause (i) and inserting the following: ``(B) The exempt amount which is applicable for each month of a particular taxable year shall be whichever of the following is the larger--'', (B) in clause (i), by striking ``corresponding'', and (C) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''; (b) Section 203(f)(8)(D) of such Act (42 U.S.C. 403(f)(8)(D)) is repealed. (c) Section 202(w)(2)(B)(ii) of such Act is amended-- (1) by striking ``either''; and (2) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. SEC. 5. EFFECTIVE DATE. The amendments and repeals made by this Act shall be effective with respect to taxable years ending after December 31, 1993.

Fair Tax Relief for Working Older Americans - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise excess earnings provisions in order to eliminate the tax and earnings penalties imposed on the wage income of individuals who have attained retirement age.

Fair Tax Relief for Working Older Americans

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Outreach Act of 2013''. SEC. 2. DEMONSTRATION PROJECT TO INCREASE COORDINATION OF OUTREACH EFFORTS BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS AND FEDERAL, STATE, AND LOCAL AGENCIES AND NONPROFIT ORGANIZATIONS. (a) Demonstration Project Required.--The Secretary of Veterans Affairs shall carry out a demonstration project to assess the feasibility and advisability of using State and local government agencies and nonprofit organizations-- (1) to increase awareness of veterans regarding benefits and services for veterans; and (2) to improve coordination of outreach activities regarding such benefits and services between the Secretary and Federal, State, and local government and nonprofit providers of health care and benefit services for veterans. (b) Duration.-- (1) In general.--The demonstration project shall be carried out during the two-year period beginning on the date that is 180 days after the date of the enactment of this Act. (2) Authority for extension.--The Secretary may extend the duration of the demonstration project for an additional two years. (c) Grants.-- (1) In general.--The Secretary shall carry out the demonstration project through the award of grants to State and local government agencies and nonprofit organizations to carry out projects that-- (A) increase the awareness of veterans regarding benefits and services for veterans; and (B) improve coordination of outreach activities regarding such benefits and services between the Secretary and Federal, State, and local government and nonprofit providers of health care and benefit services for veterans. (2) Application.-- (A) In general.--A State or local government agency or nonprofit organization seeking a grant under the demonstration project shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate. (B) Elements.--Each application submitted under subparagraph (A) shall include the following: (i) A description of the consultations, if any, with the Department of Veterans Affairs in the development of any proposal under the application. (ii) A description of the project for which the applicant is seeking a grant under the demonstration project, including a plan to coordinate under the demonstration project, to the greatest extent possible, the outreach activities of Federal, State, and local government agencies that provide health care, benefits, and services for veterans and nonprofit organizations that provide such care, benefits, and services to enhance the awareness and availability of such care, benefits, and services. (iii) An agreement to report to the Secretary standardized data and other performance measures necessary for the Secretary to evaluate the demonstration project and to facilitate evaluation of individual projects for which grants are awarded under the demonstration project. (iv) Such other information as the Secretary may require. (3) Considerations.--In awarding grants under the demonstration project to carry out projects, the Secretary shall consider where the projects will be carried out and which populations are targeted. In particular, the Secretary shall consider the advisability of awarding grants for projects-- (A) carried out in areas with populations that have a high proportion of veteran representation; (B) carried out in a variety of geographic areas, including urban, rural, and highly rural areas; and (C) that target a variety of veteran populations, including racial and ethnic minorities, low-income populations, and older populations. (4) Use of funds.--The Secretary shall establish appropriate uses of grant amounts received under the demonstration project. (5) Limitation.--In a fiscal year, not more than 20 percent of all grant amounts awarded in that fiscal year may be awarded to a single State entity. (d) State Matching Requirement.--The Secretary may not make a grant to a State under subsection (c) unless that State agrees that, with respect to the costs to be incurred by the State in carrying out the program or activities for which the grant was awarded, the State will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 50 percent of Federal funds provided under the grant. (e) Annual Report.-- (1) In general.--Not later than 120 days after the completion of the first calendar year beginning after the date of the commencement of the demonstration project, and not less frequently than once every year thereafter for the duration of the project, the Secretary shall submit to Congress a report evaluating the demonstration project and the projects supported by grants awarded under the demonstration project. (2) Elements.--The report required by paragraph (1) shall include the following: (A) The findings and conclusions of the Secretary with respect to the demonstration project. (B) An assessment of the benefit to veterans of the demonstration project. (C) The recommendations of the Secretary as to the feasibility and advisability of continuing or expanding the demonstration project. SEC. 3. COOPERATIVE AGREEMENTS BETWEEN SECRETARY OF VETERANS AFFAIRS AND STATES ON OUTREACH ACTIVITIES. (a) In General.--Chapter 63 of title 38, United States Code, is amended by inserting after section 6306 the following new section: ``Sec. 6306A. Cooperative agreements with States ``(a) In General.--The Secretary may enter into cooperative agreements and arrangements with various agencies and departments of States to carry out this chapter and to otherwise carry out, coordinate, improve, or enhance outreach activities of the Department and the States. ``(b) Annual Report.--Not less frequently than once each year, the Secretary shall submit to Congress a report that describes the agreements and arrangements entered into by the Secretary under subsection (a) during the most recent one-year period.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of such title is amended by inserting after the item relating to section 6306 the following new item: ``6306A. Cooperative agreements with States.''. SEC. 4. BUDGET TRANSPARENCY FOR OUTREACH ACTIVITIES OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 63 of title 38, United States Code, is amended by inserting after section 6308 the following new section: ``Sec. 6309. Budget transparency ``(a) Budget Requirements.--In the budget justification materials submitted to Congress in support of the Department budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested for such fiscal year for activities of the Office of Public and Intergovernmental Affairs as follows: ``(1) For outreach activities of the Department in aggregate. ``(2) For outreach activities of each element of the Department specified in subsection (b)(1). ``(b) Procedures for Effective Coordination and Collaboration.--(1) Not later than 180 days after the date of the enactment of the Veterans' Outreach Act of 2013, the Secretary shall establish and maintain procedures for the Office of Public and Intergovernmental Affairs to ensure the effective coordination and collaboration of outreach activities of the Department between and among the following: ``(A) The Office of the Secretary. ``(B) The Veterans Health Administration. ``(C) The Veterans Benefits Administration. ``(D) The National Cemetery Administration. ``(2) The Secretary shall-- ``(A) beginning after the date on which the Secretary establishes procedures under paragraph (1), not less frequently than once every two years conduct a review of the procedures established and maintained under paragraph (1) to ensure that such procedures meet the requirements such paragraph; ``(B) make such modifications to such procedures as the Secretary considers appropriate based upon reviews conducted under subparagraph (A) in order to better meet such requirements; and ``(C) not later than 45 days after completing a review under subparagraph (A), submit to Congress a report on such review.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of such title is amended by inserting after the item relating to section 6308 the following new item: ``6309. Budget transparency.''. SEC. 5. ADVISORY COMMITTEE ON OUTREACH ACTIVITIES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an advisory committee on outreach activities of the Department of Veterans Affairs. (b) Membership.--The advisory committee shall be composed of individuals selected by the Secretary from among the following: (1) To the maximum extent practicable, individuals who are eminent in their respective fields of public relations. (2) Representatives of organizations with offices that focus on communications and distribute messages through major media news outlets and social media. (3) To the maximum extent practicable, individuals with experience communicating financial results and business strategy for purposes of shaping a confident brand image. (4) To the maximum extent practicable, individuals with experience with consumer and lifestyle imaging and creating publicity for a particular product or service. (5) To the maximum extent practicable, veterans who have experience in press and public relations. (c) Duties.--The advisory committee shall collaborate with the Assistant Secretary for Public and Intergovernmental Affairs-- (1) to ensure that the Department of Veterans Affairs is strategically and effectively-- (A) engaging the public and Department stakeholders to increase awareness nationally regarding benefits and services furnished by the Department; (B) explaining new or changing policies of the Department; (C) improving the image and reputation of the Department; and (D) coordinating and collaborating with national community-based organizations, nonprofits, and State and local government agencies; and (2) to assist the Secretary in conducting such other press or public relations activities relating to outreach activities of the Department as the advisory committee considers appropriate. (d) Consultation.--The Secretary shall consult with and seek the advice of the advisory committee not less frequently than quarterly on matters relating to the duties of the advisory committee under subsection (c). (e) Quarterly Reports.-- (1) In general.--Not less frequently than once every 90 days, the advisory committee shall submit to Congress and to the Secretary a report on outreach activities of the Department. (2) Recommendations.--Each report submitted under paragraph (1) shall include such recommendations for legislative and administrative action as the advisory committee considers appropriate to improve the press and public relations of the Department relating to outreach. (f) Termination.--The advisory committee shall terminate on October 1, 2015, and the requirements and authorities under this section shall terminate on such date. (g) Outreach Defined.--In this section, the term ``outreach'' has the meaning given the term in section 6301 of title 38, United States Code. SEC. 6. ADVISORY BOARDS ON OUTREACH ACTIVITIES AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS. (a) Establishment.--For each Department of Veterans Affairs medical center, the Secretary of Veterans Affairs shall, acting through the director of such medical center, establish not later than 180 days after the date of the enactment of this Act an advisory board at such medical center on matters relating to outreach activities of the Department at such medical center. (b) Membership.--Each advisory board established under subsection (a) at a Department medical center shall be, to the maximum extent practicable, composed of individuals selected by the Secretary from among the following: (1) Individuals who are eminent in their respective fields of public relations. (2) Representatives of organizations with offices that focus on communications and distribute messages through major media news outlets and social media. (3) Individuals with experience communicating financial results and business strategy for purposes of shaping a confident brand image. (4) Individuals with experience with consumer and lifestyle imaging and creating publicity for a particular product or service. (5) Employees of the Department who are involved in press and public relations strategy at the medical center. (6) To the maximum extent practicable, veterans who have experience in press and public relations. (c) Duties.--Each advisory board established under subsection (a) at a Department medical center shall collaborate with the Assistant Secretary for Public and Intergovernmental Affairs-- (1) to ensure that the Department of Veterans Affairs is strategically and effectively-- (A) engaging the public and Department stakeholders to increase awareness nationally regarding benefits and services furnished by the Department; (B) explaining new or changing policies of the Department; (C) improving the image and reputation of the Department; and (D) coordinating and collaborating with national community-based organizations, nonprofits, and State and local government agencies; and (2) to assist the director of such medical facility in conducting such other press or public relations activities relating to outreach activities of the Department as the advisory board considers appropriate. (d) Consultation.--Each director of a Department medical center shall consult with and seek the advice of the advisory board established at such medical center not less frequently than once every two months on matters relating to the duties of the advisory board under subsection (c). (e) Annual Reports.--Not less frequently than each year, each advisory board established under subsection (a) shall submit to the Secretary a report with such information as may be beneficial to the Secretary in preparing the reports required by section 6308 of title 38, United States Code. (f) Termination.--Each advisory board established under subsection (a) and the authorities and requirements of this section shall terminate on October 1, 2015. SEC. 7. MODIFICATION OF REQUIREMENT FOR PERIODIC REPORTS TO CONGRESS ON OUTREACH ACTIVITIES OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 6308 of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``even-numbered''; and (2) in subsection (b)-- (A) in paragraph (1), by striking ``biennial''; (B) in paragraph (2), by inserting ``for legislative and administrative action'' after ``Recommendations''; and (C) by adding at the end the following new paragraph: ``(3) Recommendations that such administrative actions as may be taken-- ``(A) to maximize resources for outreach activities of the Department; and ``(B) to focus outreach efforts on activities that are proven to be more effective.''. (b) Clerical Amendments.-- (1) Section heading.--The heading for section 6308 of such title is amended by striking ``Biennial'' and inserting ``Annual''. (2) Table of sections.--The table of sections at the beginning of chapter 63 of such title is amended by striking the item relating to section 6308 and inserting the following new item: ``6308. Annual report to Congress.''.

Veterans' Outreach Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to carry out a two-year demonstration project to assess the feasibility and advisability of using state and local government agencies and nonprofit organizations to increase veteran awareness of available benefits and services, and to improve the coordination of outreach activities between the Secretary and federal, state, and local government and nonprofit providers of health care and benefit services for veterans. Allows the Secretary to extend such program for an additional two years. Authorizes the Secretary to enter into cooperative agreements with various state departments and agencies concerning the provision of veterans' activities. Requires the Secretary to include, in annual VA budget justification materials, a separate statement of amounts requested for outreach activities of the VA in aggregate as well as for each of the Office of the Secretary, the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Directs the Secretary to establish: (1) an advisory committee on VA outreach activities; and (2) for each VA medical center, an advisory board relating to outreach activities at such center. Changes from biennial to annual a required report to Congress on VA outreach activities. Requires the inclusion in each report of recommendations: (1) to maximize resources for VA outreach activities, and (2) to focus such efforts on activities proven to be more effective.

Veterans' Outreach Act of 2013

SECTION 1. FINDINGS. The Congress finds the following: (1) California rapid population growth and the lack of understanding about the environmental impacts of this growth have caused a number of serious present and potential barriers to future economic development of California. (2) California has great environmental complexity and diversity and a great variety of human interventions in its ecosystem. (3) Future environmental policies for California must be informed by careful cost-benefit analysis that considers the serious risks, and the benefits, of environmental policy. (4) The establishment of a California Urban Environmental Research and Education Center would promote environmentally sound economic development in California and ensure that continued sustainable economic development can occur. (5) Due to the closing of many military facilities and installations in California, such a Center can provide important assistance to the process of converting defense resources to non-defense uses. SEC. 2. ESTABLISHMENT. (a) Establishment.--The Administrator of the Environmental Protection Agency shall establish the California Urban Environmental Research and Training Center. (b) Cooperative Agreement.-- (1) Authority.--If the California State University, Hayward consents to the agreement and provides the matching funds required by paragraph (2), the Administrator shall enter into a cooperative agreement with the California State University, Hayward to establish the Center. The California State University, Hayward shall work in close cooperation with other universities of the California State University system (including the California State Universities at Sacramento, San Jose, San Francisco, and Sonoma) in the research and policy analysis performed under any such cooperative agreement. (2) Matching funds.--In order to receive the cooperative agreement described in paragraph (1), the California State University, Hayward, shall guarantee matching funds or in-kind resources equal to 20 percent of the funds received from the Center. The Center and the California State University, Hayward shall, to the maximum extent practicable, solicit additional funds or in-kind contributions from State, local, and private sources to increase the ability of the Center to conduct research and education projects under this Act. (3) Membership.--A university in the California State University system or a university in California which is not a university in the California State University system may become a member of the Center under such guidelines and conditions as are reasonable and mutually agreeable to the Center and the university. (c) Governing Board.-- (1) Initial appointments.--For the two-year period beginning on the date of the establishment of the Center, the Center shall have a Governing Board composed of the following: (A) The Executive Director of the Center. (B) One member appointed by the President of the California State University, Hayward. (C) One member appointed by the President of the California State University, Sacramento. (D) One member appointed by the President of the California State University, San Jose. (E) One member appointed by the President of the California State University, San Francisco. (F) One member appointed by the President of the California State University, Sonoma. (2) Subsequent appointments.--After the two-year period referred to in paragraph (1), the composition of the Governing Board shall be determined by the sitting members of the Governing Board, in consultation with the Presidents of each university of the California State University system. (3) Duties.--It shall be the duty of the Governing Board-- (A) to establish criteria for membership in the Center; (B) to establish criteria and requirements for the contribution of Matching funds or in kind contributions by member universities and those applying for membership in the Center; (C) to establish guidelines for fair representation on the Governing Board of universities that are not universities of the California State University system; (D) to establish how scholarships, fellowships, and grants will be awarded by the Center; and (E) to perform such other duties as the Governing Board considers necessary to carry out the functions of the Center under this Act. (d) Executive Director; Staff.-- (1) Executive Director.--The Center shall have an Executive Director who shall be appointed for a five-year term. The President of the California State University, Hayward shall make the initial appointment of an Executive Director for a five-year term beginning on the date of the establishment of the Center. The Governing Board shall appoint each Executive Director appointed after the initial appointment. (2) Staff.--The Executive Director shall annually submit to the Governing Board a budget. The Governing Board shall approve the budget each year. (e) Principal Office.--A principal office and education conference facility for the Center may be located in the Presidio in San Francisco, California. The use of the Presidio as a pricipal office and education conference facility for the Center should be considered as part of the planning process for uses for the Presidio. (f) Before the end of the two-year period beginning on the date of the establishment of the Center, the Governing Board shall establish a second office and facility to be located in Southern California, convenient to member universities. SEC. 3. FUNCTIONS. (a) In General.--The Center shall have the following functions: (1) To develop an ongoing program of environmental research, education, and outreach that can be used by the Federal Government, State and local governments, and the private sector to ensure that future government policies to encourage economic development in California are grounded on sound, sustainable environmental and economic principles. (2) To foster public-private partnerships to find solutions to the environmental problems of California. (3) To bring together researchers from the members of the Center to focus on the most important environmental problems of California related to sustainable economic development, with the aim of analysis and synthesis of policy implications and dissemination of research findings. (4) To support the following activities: (A) The coordination and funding of research activities of universities for collaborative collection and evaluation of data on Californias geology, hydrology, soils, biology, weather and climate, natural hazards, demography, infrastructure, resource use, land-use patterns, land-ownership patterns, business development, environmental equity, and regulatory zones. (B) The analysis of public policy implications of economic development programs that affect the ecology of California. (C) The conduct of seminars and other educational programs for policy makers in the Federal Government, State and local governments, and the private sector on the implications of the findings and conclusions derived from the Center's activities. The Center shall use electronic technology, such as computer networks and video conferencing, to convey the cumulative findings and conclusions derived from the Center's activities and to foster an exchange of ideas. (D) The conduct, not more than once each year, of a national conference on ecology and sustainable economic development for business and labor leaders to foster an exchange of ideas and information. (E) The provision of ready access to the Center's collective expertise for policy makers in the Federal Government and State and local governments, and for representatives of private- and public-sector organizations, through meetings, publications, special reports, video, electronic mail, computer networks, and other means to share up-to-date information on research findings and policy development for sustainable economic development. (F) The development of educational programs, curricula, and instructional materials for colleges, universities, and other educational institutions to impart the knowledge and skills required to implement environmentally sustainable economic development. (G) The development of bachelors and masters degree programs for individuals who have lost or may lose employment as a result of cutbacks in defense spending to prepare such individuals for employment as environmental professionals, and the development of certification programs in environmental sciences and studies for such individuals. (H) The preparation of minority students for environmental professions, including the development of an enriched curriculum in the environmental sciences at the baccalaureate and post-graduate levels for underrepresented minority students to prepare such students for careers in various environmental areas, such as environmental health and the clean-up of military installations and facilities. (I) The development and administration of a national repository of information on key environmental and related economic development issues that can be readily accessed by private- and public-sector entities, including the imposition, if necessary, of a fee for users of the repository to cover the cost of its operation. (5) To work closely with other university research centers for which funds have been provided by the Environmental Protection Agency to help establish a National Environmental Outreach Program to assist the Federal Government, State and local governments, and the private sector in programs and projects designed to promote environmentally sound economic development. (6) To work closely with Federally-funded research centers, such as the Lawrence-Livermore National Research Laboratory, to foster the transfer and application of environmental technology to the private sector. (7) To assist small businesses in meeting environmental regulations by providing short courses and conferences and to develop methods and models by which small businesses may finance ``green'' investment where private-sector funds are otherwise not generally available. (8) To work closely, as requested, with public-sector officials, private-sector businesses, and individuals seeking alternative uses for military installations and facilities that have been or are about to be closed to assist in planning the environmental aspects of the conversion and clean-up of the installations and facilities. (9) During its first year, to develop a plan, in conjunction with other universities to extend the activities of the Center throughout the State within two years. The plan shall pay particular attention to the need for environmentally sound conversion and economic use of military installations and facilities throughout the State. (b) Scholarships and Fellowships.-- (1) Scholarships.--The Center may provide for the award of undergraduate scholarships for individuals studying in environmental fields at universities that are members of the Center. Individuals who have lost or may lose employment as a result of the closing of a military installation or facility in the State of California shall have a preference over other individuals in the award of scholarships under this paragraph. (2) Fellowships.--The Center may provide for the award of graduate assistantships and fellowships at the Center to encourage study in fields related to sustainable economic development and the award of research grants to faculty to encourage research critical to fulfillment of the activities and aims of the Center. SEC. 4. REPORT. The Center shall annually submit to the Administrator a report on the activities of the Center and on any changing budget needs. The Center shall include in the first report submitted under this subsection a statement of any additional funds that may be required to extend the activities of the Center throughout the State. SEC. 5. GIFTS AND DONATIONS. The Center may receive funds and other property donated, bequeathed, or devised to the Center with or without a condition of restriction, for the purpose of furthering the activities of the Center. All funds donated, bequeathed, or devised to the Center shall be retained in a separate account. Each annual report submitted pursuant to section 4 shall include an accounting of the funds and property donated, bequeathed, or devised to the Center during the year covered by the annual report. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``Center'' means the California Urban Environmental Research and Education Center established pursuant to section 2. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $2,500,000 for fiscal year 1995 and such sums as may be necessary for each of fiscal years 1996 through 1999. (b) Availability.--Funds appropriated pursuant to the authority of subsection (a) shall remain available until expended. (c) Matching Funds.--The Center shall make a good faith effort to match the amount of funds appropriated pursuant to this section with funding from State and local governments and the private sector.

Directs the Administrator of the Environmental Protection Agency to: (1) establish the California Urban Environmental Research and Training Center; and (2) enter into a cooperative agreement with California State University, Hayward, to establish the Center if the university agrees and meets a specified matching fund requirement. Authorizes universities in California to become members of the Center. Requires the Center to: (1) develop an ongoing program of environmental research, education, and outreach to ensure that future government policies to encourage economic development in California are grounded on sustainable environmental and economic policies; (2) foster public-private partnerships to find solutions to the environmental problems of California; (3) bring together researchers to focus on the most important environmental problems related to sustainable economic development; (4) support specified activities, including collaborative university research, analysis of public policy implications of economic development programs, the conduct of seminars and conferences, the development of educational programs, the preparation of minority students for environmental professions, and the development of a repository of information on key environmental and economic development issues; (5) assist small businesses in meeting environmental regulations by providing short courses and conferences; (6) work on alternative uses for military installations to assist in planning the environmental aspects of conversion and clean-up; and (7) develop a plan to extend its activities throughout the State within two years. Authorizes the Center to provide: (1) undergraduate scholarships for individuals studying in environmental fields at universities that are members of the Center; and (2) graduate assistantships and fellowships to encourage study in fields related to sustainable economic development and research grants to faculty. Authorizes appropriations.

To establish the California Urban Environmental Research and Education Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Burn Area Flood Prevention Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to ensure that private property, public safety, and human life are protected from flood hazards that directly result from post-fire watershed conditions that are created by wildfires on Federal land. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Affected area.--The term ``affected area'' means the area that-- (A) suffered damage as a result of wildfire or flash flooding beginning on June 20, 2010; and (B) is depicted on the Arizona Division of Emergency Management map entitled ``Schultz Flood #1 Operations Map'' and dated August 3, 2010. (3) Federal land.--The term ``Federal land'' means-- (A) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)); (B) units of the National Park System; (C) refuges of the National Wildlife Refuge System; (D) land held in trust by the United States for the benefit of Indian tribes or members of an Indian tribe; and (E) the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))). (4) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (5) Task force.--The term ``Task Force'' means the Schultz Fire Flooding Area Task Force established by section 6(b). SEC. 4. CLARIFICATION OF FLAME WILDFIRE SUPPRESSION RESERVE FUND AUTHORITY. Section 502(c) of the Federal Land Assistance, Management, and Enhancement Act of 2009 (43 U.S.C. 1748a(c)) is amended by inserting ``and burn area responses, including flood prevention,'' after ``events''. SEC. 5. INSURANCE COVERAGE FOR PRIVATE PROPERTIES AFFECTED BY FLOODING FROM FEDERAL LANDS. Section 1306(c)(2)(B) of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)(2)(B)) is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) the initial purchase of flood insurance coverage on a determination by the Director that the waiting period should be waived for private property that is affected by flooding on Federal land affected by wildfire.''. SEC. 6. SCHULTZ FIRE FLOODING AREA ASSISTANCE. (a) Findings.--Congress finds that-- (1) on June 20, 2010, the Schultz wildfire began burning in the Coconino National Forest on Federal land that is located approximately 4 miles north of the City of Flagstaff, Arizona; (2) the Schultz Fire burned for 10 days, destroyed more than 15,000 acres of Forest Service land, and prompted the evacuation of approximately 400 homes before being 100 percent contained on June 30, 3010; (3) the Schultz Fire severely burned a large portion of the forest along the steep terrain on the east side of the San Francisco Peaks, leaving little ground vegetation to absorb and retain rainwater; (4) on July 6, 2010, the Forest Service Burn Area Emergency Response Team issued a hydrology specialist report that assessed post-fire watershed conditions and determined that there was a constant daily flooding threat to nearby communities from summer monsoon storms; (5) on July 7, 2010, community meetings were held urging residents to purchase flood insurance for the affected area, which had not previously been designated as a flood plain; (6) on July 20, 2010, after nearly 2 inches of rain fell in less than 1 hour, flash flooding occurred in the unincorporated communities downstream from the Schultz wildfire burn area in Coconino County; (7) widespread flooding and debris disrupted public infrastructure, damaged approximately 32 homes in the communities of Doney Park, Timberline, Hutchison Acres, and Wupatki Trails Estates, and killed a 12-year-old girl; (8) affected homeowners who purchased flood insurance were not eligible for coverage under the National Flood Insurance Program at the time of the loss because of the statutorily mandated 30-day waiting period before flood insurance coverage takes effect; and (9) because the Schultz Fire occurred on Forest Service land and has affected private property, public safety, and human life, the Federal Government is obligated to provide an appropriate level of disaster assistance, including Federal flood insurance to homeowners. (b) Schultz Fire Flooding Area Task Force.-- (1) Establishment.--There is established the Schultz Fire Flooding Area Task Force. (2) Membership.--The Task Force shall consist of members who have expertise in Federal disaster management and assistance, flood prevention and mitigation, forestry, wildfire management and recovery, civil engineering, soil conservation, or watershed protection, including representatives from-- (A) the Federal Emergency Management Agency; (B) the Corps of Engineers; (C) the Forest Service; (D) the Natural Resources Conservation Service; (E) the United States Geological Survey; (F) State and local governments; (G) community-based organizations and other interested parties; and (H) any other entity the Administrator determines to be appropriate. (3) Chair.--The Administrator shall be the Chair of the Task Force. (4) Duties.--For the affected area, the Task Force shall-- (A) coordinate the efforts of the entities represented on the Task Force to implement interim and long-term flood protection systems; and (B) identify existing and potential-- (i) funding; (ii) technical assistance; (iii) general investigations; and (iv) construction of flood protection projects. (5) Report.--Not later than 120 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report describing the findings and work of the Task Force. (6) Application of the federal advisory committee act.--The Task Force shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.). (c) Flood Protection System Study.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator, in coordination with the Secretary and the Secretary of Agriculture, shall carry out a detailed study of the affected area to evaluate the potential of integrating projects and programs of the Corps of Engineers, the Federal Emergency Management Agency, and the Department of Agriculture into a comprehensive, long-term flood protection system for the affected area. (2) Inclusions.--The study under paragraph (1) shall include-- (A) an evaluation of existing hazardous flood conditions in the affected area; (B) identification of additional risks associated with flood events in the affected area that would be equal to or greater than the July 20, 2010, flood event; and (C) a sediment and geotechnical analysis that describes soil conditions and the risk level for landslides. (d) Disclosure of Equal Access to Justice Act Payments.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the amount of fees and other expenses awarded pursuant to section 2412 of title 28, United States Code, and section 504 of title 5, United States Code, in connection with the Jack Smith/Schultz Fuels Reduction Healthy Forest Restoration Project. (2) Inclusions.--The report under paragraph (1) shall include-- (A) the name of the party seeking the award of fees and other expenses; (B) the name of the administrative law judge in the case; (C) the disposition of the application, including any appeal of action taken on the application; and (D) the hourly rates of attorneys and expert witnesses awarded, as stated in the application. (3) Agency cooperation.--The Secretary of Agriculture shall provide the Attorney General with such information as is necessary for the Attorney General to carry out this section.

Burn Area Flood Prevention Act of 2010 - Amends the Federal Land Assistance, Management, and Enhancement Act of 2009 to include within the purpose of FLAME Wildlife Suppression Reserve Funds to cover the costs of burn area responses, including flood prevention. Amends the National Flood Insurance Act of 1968 to make the waiting period for coverage under a new contract for flood insurance coverage, and any modification to coverage under an existing flood insurance contract, inapplicable to the initial purchase of flood insurance coverage upon a determination by the Administrator of the Federal Emergency Management Agency (FEMA) that such period should be waived for private property affected by flooding on federal land affected by wildfire. Establishes the Schultz Fire Flooding Area Task Force. Designates the FEMA Administrator as the Chair of the Task Force. Directs the Task Force to: (1) coordinate the efforts of the entities represented on the Task Force (including FEMA, the Corps of Engineers, the Forest Service, the Natural Resources Conservation Service, the United States Geological Survey [USGS], state and local governments, and community-based organizations and other interested parties) to implement interim and long-term flood protection systems; and (2) identify existing and potential funding, technical assistance, general investigations, and construction of flood protection projects. Directs the Administrator, in coordination with the Secretary of the Army, acting through the Chief of Engineers, and the Secretary of Agriculture, to carry out a detailed study of the area that suffered damage as a result of wildfire or flash flooding beginning on June 20, 2010, depicted on the Arizona Division of Emergency Management map entitled "Schultz Flood #1 Operations Map," dated August 3, 2010, to evaluate the potential of integrating projects and programs of the Corps of Engineers, FEMA, and the Department of Agriculture (USDA) into a comprehensive, long-term flood protection system for that area. Directs the Attorney General to report on court costs and legal fees and expenses connected with the Jack Smith/Schultz Fuels Reduction Healthy Forest Restoration Project.

A bill to ensure that private property, public safety, and human life are protected from flood hazards that directly result from post-fire watershed conditions that are created by wildfires on Federal land.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Farm and Ranch Emergency Assistance Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Emergency requirement. TITLE I--MARKET LOSS ASSISTANCE FOR CONTRACT COMMODITIES Sec. 101. Market loss assistance for contract commodities TITLE II--MARKET LOSS ASSISTANCE FOR SOYBEANS AND OTHER OILSEEDS Sec. 201. Market loss assistance for soybeans and other oilseeds. TITLE III--REMOVAL OF TRADE SANCTIONS Sec. 301. Comptroller General report. Sec. 302. Prohibition on unilateral agricultural or medical sanctions. Sec. 303. Annual reports by Secretary of Agriculture. Sec. 304. Actions by Department of Agriculture. Sec. 305. Definition. TITLE IV--TEMPORARY REMOVAL OF LIMIT ON LOAN DEFICIENCY PAYMENTS AND MARKETING LOAN GAINS Sec. 401. Temporary removal of limit on authorized amount of marketing loan gains and loan deficiency payments. TITLE V--UPLAND COTTON PRICE COMPETITIVENESS Sec. 501. Upland cotton price competitiveness. TITLE VI--MARKET LOSS ASSISTANCE FOR LIVESTOCK AND DAIRY PRODUCERS Sec. 601. Assistance to livestock and dairy producers. TITLE VII--EMERGENCY CONCESSIONAL SALES AND DONATIONS Sec. 701. Emergency concessional sales and donations. TITLE VIII--CONSERVATION RESERVE Sec. 801. Sense of Congress regarding full enrollment of land in the conservation reserve. TITLE IX--EARLY AVAILABILITY OF AMTA PAYMENTS Sec. 901. Authority for advance payment in full of remaining payments under production flexibility contracts. TITLE X--CROP INSURANCE Sec. 1001. Crop insurance premium discount for 2000 crop year. SEC. 2. EMERGENCY REQUIREMENT. Notwithstanding the last sentence of section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985, amounts made available by this Act are designated by the Congress as an emergency requirement pursuant to section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided, That such amounts shall be available only to the extent that an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, is transmitted by the President to Congress. TITLE I--MARKET LOSS ASSISTANCE FOR CONTRACT COMMODITIES SEC. 101. MARKET LOSS ASSISTANCE FOR CONTRACT COMMODITIES (a) In General.--The Secretary of Agriculture shall use not more than $5,544,453,000 for assistance to owners and producers on a farm who are eligible for final payments for fiscal year 1999 under a production flexibility contract for the farm under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) to partially compensate the owners and producers for the loss of markets for the 1999 crop of a commodity. (b) Amount.--The amount of assistance made available to owners and producers on a farm under this section shall be proportional to the amount of the contract payment received by the owners and producers for fiscal year 1999 under a production flexibility contract for the farm under the Agricultural Market Transition Act. (c) Time for Payment.--The assistance made available under this section for an eligible owner or producer shall be made as soon as practicable after the date of enactment of this Act. (d) Use of Commodity Credit Corporation.--Subject to subsection (e), the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section. TITLE II--MARKET LOSS ASSISTANCE FOR SOYBEANS AND OTHER OILSEEDS SEC. 201. MARKET LOSS ASSISTANCE FOR SOYBEANS AND OTHER OILSEEDS. (a) In General.--Notwithstanding any other provision of law, the Secretary of Agriculture shall use not less than $475,000,000 of funds of the Commodity Credit Corporation to make payments to producers of the 1999 crop of oilseeds that are eligible to obtain a marketing assistance loan under section 131 of the Agricultural Market Transition Act (7 U.S.C. 7231). (b) Computation.--A payment to producers on a farm under this section shall be computed by multiplying-- (1) a payment rate determined by the Secretary; by (2) the quantity of oilseeds that the producers on the farm are eligible to place under loan under section 131 of that Act. (c) Limitation.--Payments made under this section shall be considered to be contract payments for the purposes of section 1001(1) of the Food Security Act of 1985 (7 U.S.C. 1308(1)). TITLE III--REMOVAL OF TRADE SANCTIONS SEC. 301. COMPTROLLER GENERAL REPORT. Within 1 year after the date of the enactment of this Act, the Comptroller General shall-- (1) conduct-- (A) a detailed examination of all economic sanctions affecting United States businesses, differentiating between unilateral and multilateral economic sanctions; (B) an assessment of comparable measures undertaken by other countries in each instance; (C) an evaluation of the effectiveness of both unilateral and multilateral economic sanctions in meeting stated policy goals; (D) an assessment on humanitarian conditions within sanctioned countries, evaluating how sanctions have affected particular states; (E) an assessment of the relationship with United States allies as a consequence of unilateral economic sanctions; (F) an examination of the economic impact of sanctions on United States producers and exporters; and (G) an assessment of potential countries that may be sanctioned under existing United States law or executive authority, but which are not now subject to sanctions (whether because of presidentially exercised waivers, or statutes or executive orders not being applied); and (2) submit to the Committee on International Relations and the Committee on Agriculture of the House of Representatives and to the Committee on Foreign Relations and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the matters addressed in paragraph (1). SEC. 302. PROHIBITION ON UNILATERAL AGRICULTURAL OR MEDICAL SANCTIONS. (a) In General.--Notwithstanding any other provision of law, the President shall not restrict or otherwise prohibit any exports (including restricted commercial or Federal financing) of food, other agricultural products (including fertilizer), medicines, or medical supplies or equipment as part of any policy of existing or future unilateral economic sanctions imposed against a foreign government. (b) National Security Waiver.--The President may waive, for periods of not more than 1 year each, the applicability of any sanction under subsection (a) with respect to a foreign country or entity if the President, with respect to each such waiver-- (1) determines that the national security so requires; and (2) transmits to the Congress that determination, together with a detailed description of the reasons therefor, including an explanation of how the sanction will further the national security. SEC. 303. ANNUAL REPORTS BY SECRETARY OF AGRICULTURE. The Secretary of Agriculture shall submit to the Congress, by not later than May 1 of each year, a report containing the following: (1) The Secretary's assessment of all markets where United States exports of agricultural commodities are limited because of multilateral or unilateral economic sanctions, including specific commodities affected. (2) The economic impact on producers of the commodities specified under paragraph (1). (3) An assessment of the extent to which displaced United States commodities are being supplied by foreign competitors. (4) The expected longer-term consequences of interrupting United States exports. (5) Any assistance provided by the Foreign Agricultural Service to offset lost markets due to such sanctions. SEC. 304. ACTIONS BY DEPARTMENT OF AGRICULTURE. The Secretary of Agriculture shall expand agricultural export assistance under United States market development, food assistance, or export promotion programs to offset all projected losses of agricultural commodity markets from unilateral or multilateral sanctions identified under section 303, to the maximum extent permitted by law and by the obligations of the United States under the Agreement on Agriculture referred to in section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(2)). SEC. 305. DEFINITION. As used in this title, the term ``unilateral economic sanction'' means any restriction or condition on economic activity with respect to a foreign country or foreign entity that is imposed by the United States for reasons of foreign policy or national security, except in a case in which the United States imposes the measure pursuant to a multilateral regime and the other members of that regime have agreed to impose substantially equivalent measures. TITLE IV--TEMPORARY REMOVAL OF LIMIT ON LOAN DEFICIENCY PAYMENTS AND MARKETING LOAN GAINS SEC. 401. TEMPORARY REMOVAL OF LIMIT ON AUTHORIZED AMOUNT OF MARKETING LOAN GAINS AND LOAN DEFICIENCY PAYMENTS. Section 1001(2) of the Food Security Act of 1985 (7 U.S.C. 1308(2)) is amended by adding at the end the following new sentence: ``However, this limitation shall not apply during the 1999 and 2000 crop years.''. TITLE V--UPLAND COTTON PRICE COMPETITIVENESS SEC. 501. UPLAND COTTON PRICE COMPETITIVENESS. (a) In General.--Section 136(a) of the Agricultural Market Transition Act (7 U.S.C. 7236(a)) is amended-- (1) in paragraph (1), by striking ``or cash payments'' and inserting ``or cash payments, at the option of the recipient,''; (2) by striking ``3 cents per pound'' each place it appears and inserting ``1.25 cents per pound''; (3) in the first sentence of paragraph (3)(A), by striking ``owned by the Commodity Credit Corporation in such manner, and at such price levels, as the Secretary determines will best effectuate the purposes of cotton user marketing certificates'' and inserting ``owned by the Commodity Credit Corporation or pledged to the Commodity Credit Corporation as collateral for a loan in such manner, and at such price levels, as the Secretary determines will best effectuate the purposes of cotton user marketing certificates, including enhancing the competitiveness and marketability of United States cotton''; and (4) by striking paragraph (4). (b) Ensuring the Availability of Upland Cotton.--Section 136(b) of the Agricultural Market Transition Act (7 U.S.C. 7236(b)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) Establishment.-- ``(A) In general.--The President shall carry out an import quota program during the period ending July 31, 2003, as provided in this subsection. ``(B) Program requirements.--Except as provided in subparagraph (C), whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 1\3/32\-inch cotton, delivered C.I.F. Northern Europe, adjusted for the value of any certificate issued under subsection (a), exceeds the Northern Europe price by more than 1.25 cents per pound, there shall immediately be in effect a special import quota. ``(C) Tight domestic supply.--During any month for which the Secretary estimates the season-ending United States upland cotton stocks-to-use ratio, as determined under subparagraph (D), to be below 16 percent, the Secretary, in making the determination under subparagraph (B), shall not adjust the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 1\3/ 32\-inch cotton, delivered C.I.F. Northern Europe, for the value of any certificates issued under subsection (a). ``(D) Season-ending united states stocks-to-use ratio.--For the purposes of making estimates under subparagraph (C), the Secretary shall, on a monthly basis, estimate and report the season-ending United States upland cotton stocks-to-use ratio, excluding projected raw cotton imports but including the quantity of raw cotton that has been imported into the United States during the marketing year.''; and (2) by adding at the end the following: ``(7) Limitation.--The quantity of cotton entered into the United States during any marketing year under the special import quota established under this subsection may not exceed the equivalent of 5 week's consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the 3 months immediately preceding the first special import quota established in any marketing year.''. TITLE VI--MARKET LOSS ASSISTANCE FOR LIVESTOCK AND DAIRY PRODUCERS SEC. 601. ASSISTANCE TO LIVESTOCK AND DAIRY PRODUCERS. The Secretary of Agriculture shall use $325,000,000 of funds of the Commodity Credit Corporation to provide assistance to livestock and dairy producers in a manner determined by the Secretary. TITLE VII--EMERGENCY CONCESSIONAL SALES AND DONATIONS SEC. 701. EMERGENCY CONCESSIONAL SALES AND DONATIONS. (a) In General.--The Secretary of Agriculture shall use $950,000,000 of funds of the Commodity Credit Corporation to carry out a purchase and donation or concessional sales initiative to promote the export of additional quantities of United States agricultural commodities using programs established under-- (1) the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.); (2) section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); (3) titles I and II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.); and (4) the Food for Progress Act of 1985 (7 U.S.C. 1736o). (b) Specialty Crops.--The Secretary shall use not more than $50,000,000 of the funds specified in subsection (a) to carry out this section to provide assistance to producers of fruits and vegetables. TITLE VIII--CONSERVATION RESERVE SEC. 801. SENSE OF CONGRESS REGARDING FULL ENROLLMENT OF LAND IN THE CONSERVATION RESERVE. It is the sense of the Congress that the Secretary of Agriculture should promptly enroll in the conservation reserve the full 36,400,000 acres authorized under section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)). TITLE IX--EARLY AVAILABILITY OF AMTA PAYMENTS SEC. 901. AUTHORITY FOR ADVANCE PAYMENT IN FULL OF REMAINING PAYMENTS UNDER PRODUCTION FLEXIBILITY CONTRACTS. Section 112(d)(3) of the Agricultural Market Transition Act (7 U.S.C. 7212(d)(3)) is amended-- (1) in the paragraph heading, by striking ``for fiscal year 1999''; (2) by striking ``for fiscal year 1999'' and inserting ``for any of fiscal years 1999 through 2002''; and (3) by striking ``that fiscal year'' and inserting ``that same fiscal year''. TITLE X--CROP INSURANCE SEC. 1001. CROP INSURANCE PREMIUM DISCOUNT FOR 2000 CROP YEAR. The Secretary of Agriculture shall use $500,000,000 of funds of the Commodity Credit Corporation to assist agricultural producers in purchasing additional coverage for the 2000 crop year under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).

TABLE OF CONTENTS: Title I: Market Loss Assistance for Contract Commodities Title II: Market Loss Assistance for Soybeans and Other Oilseeds Title III: Removal of Trade Sanctions Title IV: Temporary Removal of Limit on Loan Deficiency Payments and Marketing Loan Gains Title V: Upland Cotton Price Competitiveness Title VI: Market Loss Assistance for Livestock and Dairy Producers Title VII: Emergency Concessional Sales and Donations Title VIII: Conservation Reserve Title IX: Early Availability of AMTA Payments Title X: Crop Insurance Farm and Ranch Emergency Assistance Act of 1999 - Designates amounts made available by this Act as an emergency requirement pursuant to the Balanced Budget and Deficit Control Act of 1985. Title I: Market Loss Assistance for Contract Commodities - Directs the Secretary of Agriculture to use specified amounts for 1999 contract commodity market loss assistance to producers under a production flexibility contract. Makes such assistance available in proportion to amounts received under a producer's flexibility contract. Title II: Market Loss Assistance For Soybeans and Other Oilseeds - Directs the Secretary to use specified amounts of Commodity Credit Corporation funds for 1999 market loss assistance to soybean and oilseed producers. Considers such assistance as payments for purposes of production flexibility contract limits. Title III: Removal of Trade Sanctions - Directs the Comptroller General to examine and report on specified aspects of trade sanctions. (Sec. 302) Prohibits the President from imposing unilateral agricultural or medical sanctions against a foreign government, with an exception for national security reasons. (Sec. 303) Directs the Secretary to make annual reports with respect to foreign sanctions and their effect on U.S. agricultural commodities. (Sec. 304) Directs the Secretary to expand agricultural export assistance to offset sanction-affected market losses. Title IV: Temporary Removal of Limit on Loan Deficiency Payments and Marketing Loan Gains - Amends the Food Security Act of 1985 to remove limits on marketing loan gains and loan deficiency payments for crop years 1999 and 2000. Title V: Upland Cotton Price Competitiveness - Amends the Agricultural Market Transition Act to: (1) reduce specified eligibility criteria with respect to upland cotton special marketing assistance; (2) make agricultural commodities pledged to the Corporation as loan collateral eligible for marketing certificate redemption; (3) eliminate related expenditure caps; and (4) revise special import quota provisions. Title VI: Market Loss Assistance for Livestock and Dairy Producers - Directs the Secretary to use specified Corporation funds to assist livestock and dairy producers. Title VII: Emergency Concessional Sales and Donations - Directs the Secretary to use specified Corporation funds for an emergency agricultural export concessional sales and donations program. Limits the amount of such funds available to assist fruit and vegetable producers. Title VIII: Conservation Reserve - Expresses the sense of Congress that the Secretary should enroll the fully authorized acreage in the conservation reserve program. Title IX: Early Availability of AMTA Payments - Amends the Agricultural Market Transition Act to authorize advance payments in full through FY 2002 under the production flexibility contract program. Title X: Crop Insurance - Directs the Secretary to use specified Corporation funds to assist producers in purchasing additional crop insurance for crop year 2000.

Farm and Ranch Emergency Assistance Act of 1999

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Brownfields Economic Development Act of 2001''. SEC. 2. ECONOMIC DEVELOPMENT GRANTS. Section 108(q) of the Housing and Community Development Act of 1974 (42 U.S.C. 5308(q)) is amended-- (1) in paragraph (2), by striking ``Assistance'' and inserting ``Except as provided in paragraph (5), assistance''; (2) in paragraph (3), by striking ``Eligible'' and inserting ``Except as provided in paragraph (5), eligible''; and (3) by adding at the end the following: ``(5) Brownfields redevelopment grants.-- ``(A) Grant authority.--Notwithstanding paragraph (1), of amounts made available to carry out this subsection, the Secretary may make grants, on a competitive basis, to eligible public entities and federally recognized Indian tribes for the redevelopment of brownfield sites, independent of any note or other obligation guaranteed under subsection (a). ``(B) Set-aside.--Of the amounts made available for grants under this paragraph, the Secretary shall set aside not less than 10 percent and not more than 30 percent, which shall be used for brownfield site redevelopment in nonentitlement areas and by federally recognized Indian tribes. ``(C) Brownfield site definition.-- ``(i) In general.--The term `brownfield site' means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of-- ``(I) a hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); or ``(II) any other pollutant or contaminant, as determined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency. ``(ii) Exclusions.--Except as provided in clause (iii), the term `brownfield site' does not include-- ``(I) a facility that is the subject of a planned or ongoing removal action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); ``(II) a facility that is listed on the National Priorities List, or is proposed for listing, under that Act; ``(III) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties under that Act; ``(IV) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties, or a facility to which a permit has been issued by the United States or an authorized State under-- ``(aa) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); ``(bb) the Federal Water Pollution Control Act (33 U.S.C. 1321); ``(cc) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or ``(dd) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); ``(V) a facility that-- ``(aa) is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u), 6928(h)); and ``(bb) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures; ``(VI) a land disposal unit with respect to which-- ``(aa) a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted; and ``(bb) closure requirements have been specified in a closure plan or permit; ``(VII) a facility that is subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe; ``(VIII) a portion of a facility-- ``(aa) at which there has been a release of polychlorinated biphenyls; and ``(bb) that is subject to remediation under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or ``(IX) a portion of a facility, for which portion, assistance for response activity has been obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986. ``(iii) Site-by-site inclusions.--The term `brownfield site', with respect to the provision of financial assistance, includes a site referred to in subclause (I), (IV), (V), (VI), (VIII), or (IX) of clause (ii), if, on a site-by-site basis, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, determines that use of the financial assistance at the site will-- ``(I) protect human health and the environment; and ``(II)(aa) promote economic development; or ``(bb) enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. ``(D) Additional inclusions.--For purposes of subparagraph (C), the term `brownfield site' includes a site that meets the definition of `brownfield site' under clauses (i) through (iii) of subparagraph (C) that-- ``(i) is contaminated by a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(ii)(I) is contaminated by petroleum or a petroleum product excluded from the definition of `hazardous substance' under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601); and ``(II) is a site determined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, to be-- ``(aa) of relatively low risk, as compared with other petroleum-only sites in the State in which the site is located; and ``(bb) a site for which there is no viable responsible party and that will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site; and ``(III) is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)); or ``(iii) is mine-scarred land.''.

Brownfields Economic Development Act of 2001 - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to make grants to eligible public entities and federally recognized Indian tribes for the redevelopment of brownfield sites, independent of notes or obligations guaranteed for the acquisition of property.Defines a "brownfield site," with exceptions, as real property the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance or pollutant. Allows inclusions of sites otherwise excluded from consideration: (1) on a site-by-site basis if financial assistance will protect human health and the environment and promote economic development or facilitate the protection of parks, greenways, or other property used for nonprofit purposes; (2) that were contaminated by a controlled substance; (3) that are certain low-risk petroleum-contaminated sites; or (4) that are mine-scarred land.

A bill to promote brownfields redevelopment in urban and rural areas and spur community revitalization in low-income and moderate-income neighborhoods.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Supply Construction Assistance Act of 1993''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To provide grants for establishment of State revolving funds for the purpose of providing financial and technical assistance for the construction, rehabilitation, and improvement of water supply systems, including treatment to remove pollutants from navigable waters for the purpose of making such waters useable by water supply systems. (2) To provide for administrative efficiencies through implementation of this Act relying on existing mechanisms of State water pollution control revolving loan fund programs established pursuant to title VI of the Federal Water Pollution Control Act. SEC. 3. LIMITATION ON STATUTORY CONSTRUCTION. Nothing in this Act shall be construed as affecting the requirements of title XIV of the Public Health Service Act (42 U.S.C. 300f-300j-9), commonly referred to as the Safe Drinking Water Act. SEC. 4. GRANTS TO STATES. Subject to the provisions of this Act, the Administrator shall make grants to each State for the purpose of establishing a water supply construction account in the State water pollution control revolving loan fund programs established pursuant to title VI of the Federal Water Pollution Control Act, if any, to provide assistance for the construction, rehabilitation, and improvement of water supply systems. SEC. 5. GRANT AGREEMENTS. (a) General Rule.--To receive a grant with funds made available under this Act, a State shall enter into an agreement with the Administrator which shall include, but not be limited to, the specifications set forth in subsection (b) of this section. (b) Specific Requirements.--The Administrator shall enter into an agreement under this section with a State only after the State has established to the satisfaction of the Administrator that-- (1) the State will accept grant payments with funds to be made available under this Act and will deposit all such payments in the water supply construction account established by the State in accordance with this Act; (2) if the State has a water pollution control revolving fund established in accordance with title VI of the Federal Water Pollution Control Act, the State will establish the water supply construction account as a separate account in such fund; (3) the State will deposit in the water supply construction account from State moneys an amount equal to at least 20 percent of the total amount of all grants which will be made to the State with funds to be made available under this Act on or before the date on which each grant payment will be made to the State under this Act; (4) the State will enter into binding commitments to provide assistance in accordance with the requirements of this Act an amount equal to 120 percent of the amount of each such grant payment within 1 year after the receipt of such grant payment; (5) the State will not make available any assistance from the account unless the State has first determined that the applicant-- (A) has adopted or will adopt a system of charges to assure that each recipient of water supply services within the applicant's jurisdiction will pay its proportionate share of the cost of operation and maintenance (including replacement) of any such services provided by the applicant; and (B) has legal, institutional, managerial, and financial capability to ensure adequate construction, operation, and maintenance of water supply systems throughout the applicant's jurisdiction; (6) the State will take such action as may be necessary to ensure that, after construction, rehabilitation, and improvement of a water supply system undertaken with funds directly made available by grants under this Act, such system will provide water supply services at the most economical cost; (7) the State will take such action as may be necessary with respect to construction, rehabilitation, and improvement of a water supply system undertaken with funds directly made available by grants under this Act as the Administrator is required to take under section 513 of the Federal Water Pollution Control Act with respect to treatment works carried out with assistance provided under such Act; and (8) the State will make annual reports to the Administrator on the actual use of funds in accordance with section 606(d) of the Federal Water Pollution Control Act. SEC. 6. INCORPORATION OF FWPCA BY REFERENCE. (a) General Rule.--The provisions of title VI of the Federal Water Pollution Control Act shall apply as provided in this Act to accounts established by States under this Act. For purposes of this Act, any reference to the Federal Water Pollution Control Act and to any section thereof shall be treated as a reference to such Act or section as in effect on the date of the enactment of this Act. (b) Types of Assistance.--Section 603(d) of the Federal Water Pollution Control Act shall apply to accounts established by States under this Act to the same extent and in the same manner as such section applies to water pollution control revolving funds under such Act; except that the percentage of grant awards available for administrative expenses under paragraph (7) of such section shall be 5 percent instead of 4 percent. (c) Corrective Action.--Section 605 of such Act shall apply to a State's agreement with the Administrator under this Act and to requirements of this Act to the same extent and in the same manner as such section applies to a State's agreement under section 602 of such Act and the requirements of title VI of such Act. (d) Audits, Reports, and Fiscal Controls.--Subsections (a), (b), (d), and (e) of section 606 of such Act shall apply to a State establishing an account under this Act and to such account to the same extent and in the same manner as such subsections apply to a State establishing a water pollution control revolving fund under title VI of such Act and to such fund. SEC. 7. WATER SUPPLY CONSTRUCTION REVOLVING LOAN FUNDS. (a) Requirements for Obligation of Grant Funds.--Before a State may receive a grant with funds made available under this Act, the State shall first establish a water supply construction account which complies with the requirements of this Act. (b) Administrator.--Each State water supply construction account shall be administered by an instrumentality of the State with such powers and limitations as may be required to operate such account in accordance with the requirements and objectives of this Act. (c) Projects Eligible for Assistance.--The amounts of funds available to each State water supply construction account shall be used only for providing financial assistance for construction, rehabilitation, and improvement of a water supply system. The account shall be established, maintained, and credited with repayments, and the account balance shall be available in perpetuity for providing such financial assistance. (d) Types of Assistance.--In addition to the types of assistance which may be made available under section 603(d) of the Federal Water Pollution Control Act from a water supply construction account of a State under this Act-- (1) such account may be used to provide technical assistance with respect to construction, rehabilitation, and improvement of water supply systems; and (2) the interest derived from funds in such account or from loans made from such account may be used by the State to make grants to pay up to 50 percent of the cost of construction, rehabilitation, and improvement of a water supply system. SEC. 8. ALLOTMENT OF FUNDS. (a) Fiscal Year 1994.--Sums authorized to be appropriated pursuant to this Act for fiscal year 1994 shall be allotted for such year by the Administrator not later than the 10th day which begins after the date of the enactment of this Act. Sums authorized for such fiscal year shall be allotted in accordance with the following table: States: Percentages: Alabama............................................ 0.96 Alaska............................................. 2.38 Arizona............................................ 1.40 Arkansas........................................... 0.99 California......................................... 6.75 Colorado........................................... 1.33 Connecticut........................................ 1.77 Delaware........................................... 0.50 District of Columbia............................... 0.50 Florida............................................ 3.82 Georgia............................................ 2.13 Hawaii............................................. 0.50 Idaho.............................................. 0.98 Illinois........................................... 3.29 Indiana............................................ 2.04 Iowa............................................... 1.35 Kansas............................................. 1.12 Kentucky........................................... 0.90 Louisiana.......................................... 1.66 Maine.............................................. 0.99 Maryland........................................... 1.48 Massachusetts...................................... 1.11 Michigan........................................... 5.05 Minnesota.......................................... 3.51 Mississippi........................................ 1.33 Missouri........................................... 1.80 Montana............................................ 1.17 Nebraska........................................... 1.00 Nevada............................................. 0.70 New Hampshire...................................... 1.07 New Jersey......................................... 2.31 New Mexico......................................... 1.00 New York........................................... 5.35 North Carolina..................................... 3.94 North Dakota....................................... 0.53 Ohio............................................... 3.71 Oklahoma........................................... 1.43 Oregon............................................. 1.52 Pennsylvania....................................... 4.54 Rhode Island....................................... 0.50 South Carolina..................................... 1.23 South Dakota....................................... 0.63 Tennessee.......................................... 1.01 Texas.............................................. 5.95 Utah............................................... 0.73 Vermont............................................ 0.58 Virginia........................................... 2.44 Washington......................................... 2.64 West Virginia...................................... 0.96 Wisconsin.......................................... 3.66 Wyoming............................................ 0.62 American Samoa..................................... 0.09 Guam............................................... 0.07 Northern Marianas.................................. 0.04 Puerto Rico........................................ 0.62 Pacific Trust Territories.......................... 0.13 Virgin Islands..................................... 0.27. (b) Fiscal Years 1995 and 1996.--Sums authorized to be appropriated pursuant to this Act for each of fiscal years 1995 and 1996 shall be allotted by the Administrator in accordance with the relative needs of the States for construction, rehabilitation, and improvement of water supply systems as determined by the Administrator, in consultation with the States. (c) Reservation of Funds for Indian Tribes.--Notwithstanding subsections (a) and (b) of this section, the Administrator shall reserve for each fiscal year not to exceed 1.5 percent of the amount made available to carry out this Act for such fiscal year for the purpose of making grants to Indian tribes for construction, rehabilitation, and improvement of water supply systems. (d) Allotment Period.-- (1) Period of availability for grant award.--Sums allotted to a State under this section for a fiscal year shall be available for obligation by the State during the fiscal year for which sums are authorized and during the following fiscal year; except that for sums allotted in fiscal year 1994, such period of availability shall be fiscal years 1994-1996. (2) Reallotment of unobligated funds.--The amount of any allotment not obligated by the State by the last day of the period of availability established by paragraph (1) shall be immediately reallotted by the Administrator on the basis of the same ratio as is applicable to sums allotted under this Act for the second fiscal year of such period. None of the funds reallotted by the Administrator shall be reallotted to any State which has not obligated all sums allotted to such State in the first fiscal year of such period. SEC. 9. DETERMINATION OF PRIORITY. Each State establishing a water supply construction account shall determine the priority to be given projects for construction, rehabilitation, and improvement of water supply systems within the boundaries of the State taking into account the relative financial and other needs for such construction, rehabilitation, and improvement. SEC. 10. NEEDS SURVEY. (a) In General.--The Administrator, in cooperation with the States, shall make-- (1) a detailed estimate, biennially revised, of the cost of needed construction, rehabilitation, and improvement of water supply systems in all of the States and of the cost of needed construction in each of the States; and (2) a comprehensive study of the economic impact on affected units of government of the cost of installation of water supply systems and parts thereof. (b) Submission to Congress.--The Administrator shall submit the detailed estimate and the comprehensive study of costs under subsection (a) to Congress no later than January 1, 1996, and January 1 of each even-numbered year thereafter. The Administrator shall also submit recommendations for allotment of funds under this Act to the States based on such estimates and on such additional factors as the Administrator deems appropriate, including financial need. Whenever the Administrator, pursuant to this section, requests and receives an estimate of cost from a State, the Administrator shall furnish copies of such estimate together with such detailed estimate to Congress. SEC. 11. BUY AMERICAN. (a) Sense of Congress.--It is the sense of Congress that a recipient of assistance under this Act should purchase American-made equipment and products. (b) Notice.--The Administrator shall provide to each recipient of assistance under this Act a notice describing the sense of Congress set forth in subsection (a). SEC. 12. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Indian tribe.--The term ``Indian tribe'' has the meaning such term has under section 518 of the Federal Water Pollution Control Act and includes Alaska Native Villages and former Indian reservations in Oklahoma. (3) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (4) Water supply system.--The term ``water supply system'' means a system (owned by a governmental entity, a nonprofit organization, or any other private person regulated by a State public utility commission and having the greatest public need for assistance under this Act) for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals. Such term includes (A) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (B) any collection or pretreatment facilities not under such control that are used primarily in connection with such system. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for purposes of this Act the following sums: (1) $599,000,000 for fiscal year 1994; (2) $1,000,000,000 for fiscal year 1995; and (3) $1,000,000,000 for fiscal year 1996.

Water Supply Construction Assistance Act of 1993 - Directs the Administrator of the Environmental Protection Agency to make grants to States for establishing water supply construction accounts in State water pollution control revolving loan fund programs to provide assistance for the construction, rehabilitation, and improvement of water supply systems. Sets forth specific requirements for grant agreements. Applies certain provisions of the Federal Water Pollution Control Act regarding authorized uses of water pollution control revolving funds, corrective action, and auditing, reporting, and fiscal controls to water supply construction accounts. Sets forth amounts to be allotted to States and U.S. territories. Reserves a specified amount for grants to Indian tribes. Directs the Administrator to develop and submit to the Congress: (1) an estimate of the cost of needed construction, rehabilitation, and improvement of water supply systems in all States; and (2) a study of the economic impact on affected units of government of the cost of installation of water supply systems. Expresses the sense of the Congress that recipients of assistance under this Act should purchase American-made equipment and products. Authorizes appropriations.

Water Supply Construction Assistance Act of 1993

SECTION 1. WAIVER OF 10 PERCENT PENALTY ON WITHDRAWALS FROM QUALIFIED RETIREMENT PLANS UPON RECEIPT OF NOTICE OF FORECLOSURE ON A PRINCIPAL RESIDENCE. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to subsection not to apply to certain distributions) is amended by adding at the end the following new subparagraph: ``(H) Qualified foreclosure distributions.-- Distributions to an individual which are qualified foreclosure distributions (as defined in paragraph (11)). Distributions shall not be taken into account under the preceding sentence if such distributions are described in subparagraph (A), (C), (D), (E), (F), or (G) or to the extent paragraph (1) does not apply to such distributions by reason of subparagraph (B).''. (b) Qualified Foreclosure Distributions.--Subsection (t) of section 72 of such Code (relating to 10 percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new paragraph: ``(11) Qualified foreclosure distributions.--For purposes of paragraph (2)(H)-- ``(A) In general.--The term `qualified foreclosure distribution' means any payment or distribution received after July 31, 2007, and before January 1, 2011, by an individual after the individual has received a foreclosure notice relating to any mortgage on the principal residence (within the meaning of section 121) of the individual. ``(B) Limitation.--The amount of payments or distributions received by an individual which may be treated as qualified foreclosure distributions for any taxable year shall not exceed the excess (if any) of-- ``(i) $30,000, over ``(ii) the aggregate amounts treated as qualified foreclosure distributions with respect to such individual for all prior taxable years. ``(C) Amount distributed may be repaid.-- ``(i) In general.--Any individual who receives a qualified foreclosure distribution may, at any time during the 5-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. ``(ii) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of this title, if a contribution is made pursuant to clause (i) with respect to a qualified foreclosure distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified foreclosure distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(iii) Treatment of repayments for distributions from iras.--For purposes of this title, if a contribution is made pursuant to clause (i) with respect to a qualified foreclosure distribution from an individual retirement plan (as defined by section 7701(a)(37)), then, to the extent of the amount of the contribution, the qualified foreclosure distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(D) Income inclusion spread over 5-year period.-- ``(i) In general.--In the case of any qualified foreclosure distribution, unless the taxpayer elects not to have this subparagraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 5- taxable-year period beginning with such taxable year. ``(ii) Special rule.--For purposes of clause (i), rules similar to the rules of subparagraph (E) of section 408A(d)(3) shall apply. ``(E) Special rules.-- ``(i) Exemption of distributions from trustee to trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405, qualified foreclosure distributions shall not be treated as eligible rollover distributions. ``(ii) Qualified foreclosure distributions treated as meeting plan distribution requirements.--For purposes this title, a qualified foreclosure distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A).''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Amends the Internal Revenue Code to exempt a taxpayer from the 10% penalty on premature withdrawals from tax-exempt retirement plans if such taxpayer received a foreclosure notice relating to a mortgage on a principal residence and makes a withdrawal from a retirement account after July 31, 2007, and before January 1, 2011.

To amend the Internal Revenue Code of 1986 to waive the 10 percent penalty on withdrawals from qualified retirement plans upon receipt of notice of foreclosure on a principal residence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Monument Designation Transparency and Accountability Act of 2010''. SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONUMENTS. Section 2 of the Act of June 8, 1906 (16 U.S.C. 431), popularly known as the ``Antiquities Act of 1906'', is amended-- (1) by striking ``That the President'' and inserting ``(a) In General.--Subject to the requirements of this section, the President''; and (2) in subsection (a) (as so designated)-- (A) by striking ``compatible with'' and inserting ``essential to ensure''; and (B) by striking ``Provided, That when'' and inserting ``When''. SEC. 3. NATIONAL MONUMENT DESIGNATION PROCEDURES. Section 2 of the Act of June 8, 1906 (16 U.S.C. 431), is further amended by adding at the end the following: ``(b) National Monument Designation Procedures.-- ``(1) Precondition to proclamation.--The President may not issue a proclamation to designate a national monument under subsection (a) before the last day of the 30-day period beginning on the date on which the President provides the language of the proposed proclamation to Congress and to the Governor of each State, the chief elected official of each unit of local government, and the governing entity of each tribal government with jurisdiction over parcels of land located within the boundaries of the proposed national monument. ``(2) Public participation.-- ``(A) Public hearing requirement.-- ``(i) In general.--Subject to clause (iv), not later than 90 days after the date on which the President issues a proclamation under subsection (a), the Secretary of the Interior shall hold not fewer than one public hearing within a county (or comparable unit of local government) located wholly or in part within the boundaries of the national monument. The Secretary shall ensure that all interested individuals are afforded an opportunity to participate in a hearing held under this subparagraph. ``(ii) Comments.--The Secretary of the Interior shall solicit comments from the public at a hearing held under clause (i), and shall enter all comments received at or related to such hearing into the record of the hearing. ``(iii) Availability of record.--The Secretary of the Interior shall promptly make the record of a hearing held under clause (i), including a transcript of the hearing, available to the public on the Internet or by other electronic means. The Secretary shall ensure that any components of the record that are completed before the entire record is finalized are made available upon their completion. ``(iv) Waiver.--The Secretary of the Interior may decline to hold a public hearing under clause (i) if each unit of local and tribal government located wholly or in part within the boundaries of the national monument expressly waives the right to such hearing. ``(B) Notice and comment period requirement.--Not later than 30 days after the date on which the President issues a proclamation under subsection (a), the Secretary of the Interior shall initiate a notice and comment period to receive comments from the public regarding the proclamation. ``(C) Report.-- ``(i) Contents.--Not later than one year after issuing a proclamation to designate a national monument under subsection (a), the President shall submit to Congress a report containing the following: ``(I) An analysis of the economic impact of the designation on the communities within the boundaries of the monument, including an estimate of the tax revenues that will be lost to, or gained for, the Federal, State, and local governments as a result of the designation. ``(II) An analysis of the impact the designation will have on the Nation's energy security, including the effects of the loss of sites to produce wind, geothermal, or solar energy, and the number of barrels of oil, tons of coal, or cubic feet of natural gas that will become unavailable as a result of the proclamation. ``(III) The projected impact of the designation on interests, rights, and uses associated with the parcels of land within the boundaries of the monument, including water rights, hunting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits. ``(IV) The record of any hearings held under subparagraph (A). ``(V) Any written comments received during the notice and comment period conducted under subparagraph (B). ``(ii) Publication.--The President shall ensure that a report submitted to Congress under clause (i) is published on the White House Internet website upon completion. The President shall further ensure that any components of the report that are completed before the entire report is finalized and submitted to Congress are published on the White House Internet website upon their completion. ``(D) Implementation guidelines.--The Secretary of the Interior, in cooperation with the States, shall develop and publish guidelines to provide for the implementation of this paragraph. ``(3) Congressional approval of proclamation.-- ``(A) Approval required.--A proclamation issued under subsection (a) shall cease to be effective following the last day of the 2-year period beginning on the date on which the President issued the proclamation, unless the proclamation is approved by an Act of Congress on or before that last day. ``(B) Management of land before approval.--During the period between the issuance of a proclamation under subsection (a) and the approval of the proclamation under subparagraph (A), the President shall ensure that any restriction placed on land and interests, rights, or uses associated with the parcels of land designated as a national monument, including water rights, hunting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits, is narrowly tailored and essential to the proper care and management of the objects to be protected. ``(C) Effect of nonapproval.--If Congress does not approve a proclamation to designate a national monument under subparagraph (A), any reservation of land made by such proclamation, and any restriction imposed as a result of such proclamation on interests, rights, or uses associated with the parcels of land, shall cease to be effective following the last day of the 2-year period referred to in subparagraph (A). ``(D) Prohibition on repeat proclamations.--The President may not issue a proclamation that is substantially similar to a proclamation previously issued under subsection (a) that Congress has not approved under subparagraph (A).''. SEC. 4. LIMITATION ON RESTRICTIONS. Section 2 of the Act of June 8, 1906 (16 U.S.C. 431), is further amended by adding at the end the following: ``(c) Limitation on Restrictions.--The President shall ensure that any restriction placed on land and interests, rights, or uses associated with the parcels of land designated as a national monument by a proclamation issued under this section is narrowly tailored and essential to the proper care and management of the objects to be protected.''.

National Monument Designation Transparency and Accountability Act of 2010 - Amends the Antiquities Act of 1906 to require land reserved as part of a national monument to be confined to the smallest area essential to ensure the proper care and management of the objects of historic or scientific interest protected by the monument. Sets forth procedures for the designation of national monuments under this Act. Bars the President from issuing a proclamation to designate a national monument under this Act before the final day of a 30-day period beginning when the language of the proposed proclamation is provided by the President to Congress, the governor of each state, and specified local and tribal government officials having jurisdiction over land within the proposed monument. Requires at least one public hearing and a notice and comment period after the issuance of a proclamation to designate a national monument. Requires the President to report to Congress on any hearings held, any written comments received, and the impact of such designation on communities within the boundaries of the monument, the nation's energy security, and interests, rights, and uses associated with the land within the monument. Makes a proclamation ineffective two years following its issuance, unless it is approved by an Act of Congress. Bars the issuance of a proclamation which is substantially similar to a previously issued proclamation that Congress has not approved.

To amend the Act popularly known as the Antiquities Act of 1906 to require certain procedures for designating national monuments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Contractor Tax Simplification Act of 1995''. SEC. 2. FINDINGS. The Congress finds that: (1) Simplifying the tax rules with respect to independent contractors was the top vote-getter at the 1995 White House Conference on Small Business. Conference delegates recommended that Congress ``should recognize the legitimacy of an independent contractor''. The Conference found that the current common law is ``too subjective'' and called upon the Congress to establish ``realistic and consistent guidelines''. (2) It is in the best interests of taxpayers and the Federal Government to have fair and objective rules for determining who is an employee and who is an independent contractor. SEC. 3. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT EMPLOYEES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (general provisions relating to employment taxes) is amended by adding after section 3510 the following new section: ``SEC. 3511. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT EMPLOYEES. ``(a) General Rule.--For purposes of this subtitle, and notwithstanding any provision of this subtitle to the contrary, if the requirements of subsections (b), (c), and (d) are met with respect to any service performed by any individual, then with respect to such service-- ``(1) the service provider shall not be treated as an employee, ``(2) the service recipient shall not be treated as an employer, and ``(3) the payor shall not be treated as an employer. ``(b) Service Provider Requirements With Regard to Service Recipient.--For the purposes of subsection (a), the requirements of this subsection are met if the service provider, in connection with performing the service-- ``(1) has a significant investment in assets and/or training, ``(2) incurs significant unreimbursed expenses, ``(3) agrees to perform the service for a particular amount of time or to complete a specific result and is liable for damages for early termination without cause, ``(4) is paid primarily on a commissioned basis, or ``(5) purchases products for resale. ``(c) Additional Service Provider Requirements With Regard to Others.--For the purposes of subsection (a), the requirements of this subsection are met if-- ``(1) the service provider-- ``(A) has a principal place of business, ``(B) does not primarily provide the service in the service recipient's place of business, or ``(C) pays a fair market rent for use of the service recipient's place of business; or ``(2) the service provider-- ``(A) is not required to perform service exclusively for the service recipient, and ``(B) in the year involved, or in the preceding or subsequent year-- ``(i) has performed a significant amount of service for other persons, ``(ii) has offered to perform service for other persons through-- ``(I) advertising, ``(II) individual written or oral solicitations, ``(III) listing with registries, agencies, brokers, and other persons in the business of providing referrals to other service recipients, or ``(IV) other similar activities, or ``(iii) provides service under a business name which is registered with (or for which a license has been obtained from) a State, a political subdivision of a State, or any agency or instrumentality of 1 or more States or political subdivisions. ``(d) Written Document Requirements.--For purposes of subsection (a), the requirements of this subsection are met if the services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed, or the payor, and such contract provides that the individual will not be treated as an employee with respect to such services for purposes of this subtitle. ``(e) Special Rules.--For purposes of this section-- ``(1) If for any taxable year any service recipient or payor fails to meet the applicable reporting requirements of sections 6041(a), 6041A(a), or 6051 with respect to a service provider, then, unless such failure is due to reasonable cause and not willful neglect, this section shall not apply in determining whether such service provider shall not be treated as an employee of such service recipient or payor for such year. ``(2) If the service provider is performing services through an entity owned in whole or in part by such service provider, then the references to `service provider' in subsections (b) through (d) may include such entity, provided that the written contract referred to in paragraph (1) of subsection (d) may be with either the service provider or such entity and need not be with both. ``(f) Definitions.--For the purposes of this section-- ``(1) Service provider.--The term `service provider' means any individual who performs service for another person. ``(2) Service recipient.--Except as provided in paragraph (5), the term `service recipient' means the person for whom the service provider performs such service. ``(3) Payor.--Except as provided in paragraph (5), the term `payor' means the person who pays the service provider for the performance of such service in the event that the service recipients do not pay the service provider. ``(4) In connection with performing the service.--The term `in connection with performing the service' means in connection or related to-- ``(A) the actual service performed by the service provider for the service recipients or for other persons for whom the service provider has performed similar service, or ``(B) the operation of the service provider's trade or business. ``(5) Exceptions.--The terms `service recipient' and `payor' do not include any entity which is owned in whole or in part by the service provider.'' (b) Clerical Amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Standards for determining whether individuals are not employees.'' (c) Effective Date.--The amendments made by this Act shall apply to services performed after December 31, 1995.

Independent Contractor Tax Simplification Act of 1995 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, and a payor shall not be treated as an employer if: (1) a service provider has a significant investment in assets and training, incurs significant unreimbursed expenses, agrees to perform the service for a specified amount of time or to complete a specific result and is responsible for damages for early termination without cause, receives payment primarily on a commission basis, or has purchased resale products; (2) the service provider has a principal place of business, does not primarily provide service in the service recipient's place of business, or pays a fair market rent for use of the recipient's place of business or does not have to perform service only for the service recipient and, in the current year or in the proceeding or subsequent years, has performed or has offered to perform a significant amount of service for other persons; and (3) the services by an individual are performed according to a written contract between the service recipient or payor which provides that the individual will not be treated as an employee.

Independent Contractor Tax Simplification Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Budget Autonomy Act of 2003''. SEC. 2. ENACTMENT OF DISTRICT OF COLUMBIA LOCAL BUDGET. (a) In General.--Section 446 of the District of Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code) is amended to read as follows: ``enactment of local budget ``Sec. 446. (a) Adoption of Budgets and Supplements.--The Council, within 50 calendar days after receipt of the budget proposal from the Mayor, and after public hearing, shall by Act adopt the annual budget for the District of Columbia government. Any supplements thereto shall also be adopted by Act by the Council after public hearing. ``(b) Transmission to President During Control Years.--In the case of a budget for a fiscal year which is a control year, the budget so adopted shall be submitted by the Mayor to the President for transmission by him to the Congress, except that the Mayor shall not transmit any such budget, or amendments or supplements thereto, to the President until the completion of the budget procedures contained in this Act and the District of Columbia Financial Responsibility and Management Assistance Act of 1995. ``(c) Prohibiting Obligations and Expenditures Not Authorized Under Budget.--Except as provided in section 445A(b), section 467(d), section 471(c), section 472(d), section 475(e), section 483(d), and subsections (f), (g), (h)(3), and (i)(3) of section 490, no amount may be obligated or expended by any officer or employee of the District of Columbia government unless-- ``(1) such amount has been approved by an Act of the Council (and then only in accordance with such authorization) and a copy of such Act has been transmitted by the Chairman to the Congress; or ``(2) in the case of an amount obligated or expended during a control year, such amount has been approved by an Act of Congress (and then only in accordance with such authorization). ``(d) Restrictions on Reprogramming of Amounts.--After the adoption of the annual budget for a fiscal year (beginning with the annual budget for fiscal year 1995), no reprogramming of amounts in the budget may occur unless the Mayor submits to the Council a request for such reprogramming and the Council approves the request, but only if any additional expenditures provided under such request for an activity are offset by reductions in expenditures for another activity. ``(e) Definition.--In this part, the term `control year' has the meaning given such term in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995.''. (b) Length of Congressional Review Period For Budget Acts.--Section 602(c) of such Act (sec. 1-206.02(c), D.C. Official Code) is amended-- (1) in the second sentence of paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (4)''; and (2) by adding at the end the following new paragraph: ``(4) In the case of any Act transmitted under the first sentence of paragraph (1) to which section 446 applies and for which the fiscal year involved is not a control year, such Act shall take effect upon the expiration of the 30-calendar-day period beginning on the day such Act is transmitted, or upon the date prescribed by such Act, whichever is later, unless during such 30-day period, there has been enacted into law a joint resolution disapproving such Act. If such 30-day period expires on any day on which neither House is in session because of an adjournment sine die, a recess of more than three days, or an adjournment of more than three days, the period applicable under the previous sentence shall be extended for 5 additional days (excluding Saturdays, Sundays, and holidays, and any day on which neither House is in session because of an adjournment sine die, a recess of more than three days, or an adjournment of more than three days). In any case in which any such joint resolution disapproving such an Act has, within the applicable period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law, subsequent to the expiration of such period, shall be deemed to have repealed such Act, as of the date such resolution becomes law. The provisions of section 604 shall apply with respect to any joint resolution disapproving any Act pursuant to this paragraph.''. (c) Conforming Amendments.--(1) Sections 467(d), 471(c), 472(d)(2), 475(e)(2), and 483(d), and subsections (f), (g)(3), (h)(3), and (i)(3) of section 490 of such Act are each amended by striking ``The fourth sentence of section 446'' and inserting ``Section 446(c)''. (2) The third sentence of section 412(a) of such Act (sec. 1- 204.12(a), D.C. Official Code) is amended by inserting ``for a fiscal year which is a control year described in such section'' after ``section 446 applies''. (3) Section 202(c)(2) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47- 392.02(c)(2), D.C. Official Code) is amended by striking ``the first sentence of section 446'' and inserting ``section 446(a)''. (4) Section 202(d)(3)(A) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47- 392.02(d)(3)(A), D.C. Official Code) is amended by striking ``the first sentence of section 446'' and inserting ``section 446(a)''. (5) Section 11206 of the National Capital Revitalization and Self- Government Improvement Act of 1997 (sec. 24-106, D.C. Official Code) is amended by striking ``the fourth sentence of section 446'' and inserting ``section 446(c)''. (d) Clerical Amendment.--The item relating to section 446 in the table of contents of such Act is amended to read as follows: ``Sec. 446. Enactment of local budget.''. SEC. 3. ACTION BY COUNCIL OF DISTRICT OF COLUMBIA ON LINE-ITEM VETOES BY MAYOR OF PROVISIONS OF BUDGET ACTS. (a) In General.--Section 404(f) of the District of Columbia Home Rule Act (sec. 1-204.4(f), D.C. Official Code) is amended by striking ``transmitted by the Chairman to the President of the United States'' both places it appears and inserting the following: ``incorporated in such Act (or, in the case of an item or provision contained in a budget act for a control year, transmitted by the Chairman to the President)''. (b) Conforming Amendment.--Section 404(f) of such Act (sec. 1- 204.04(f), D.C. Official Code) is amended-- (1) by striking ``(f)'' and inserting ``(f)(1)''; (2) in the fifth sentence, by striking ``(as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995), this subsection'' and inserting ``this paragraph''; and (3) by adding at the end the following new paragraph: ``(2) In this subsection, the term `control year' has the meaning given such term in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995.''. SEC. 4. PERMITTING EMPLOYEES TO BE HIRED IF POSITION AUTHORIZED BY ACT OF THE COUNCIL. Section 447 of the District of Columbia Home Rule Act (sec. 1- 204.47, D.C. Official Code) is amended-- (1) by striking ``Act of Congress'' each place it appears and inserting ``act of the Council (or Act of Congress, in the case of a year which is a control year)''; and (2) by striking ``Acts of Congress'' and inserting ``acts of the Council (or Acts of Congress, in the case of a year which is a control year)''. SEC. 5. OTHER CONFORMING AMENDMENTS RELATING TO CHANGES IN FEDERAL ROLE IN BUDGET PROCESS. (a) Federal Authority Over Budget-Making Process.--Section 603(a) of the District of Columbia Home Rule Act (sec. 1-206.03, D.C. Official Code) is amended by inserting before the period at the end the following: ``for a fiscal year which is a control year''. (b) Restrictions Applicable During Control Years.--Section 603(d) of such Act (sec. 1-206.03(d), D.C. Official Code) is amended to read as follows: ``(d) In the case of a fiscal year which is a control year, the Council may not approve, and the Mayor may not forward to the President, any budget which is not consistent with the financial plan and budget established for the fiscal year under subtitle A of title II of the District of Columbia Financial Responsibility and Management Assistance Act of 1995.''. (c) Definition.--Section 603(f) of such Act (sec. 1-206.03(f), D.C. Official Code) is amended to read as follows: ``(f) In this section, the term `control year' has the meaning given such term in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995.''. SEC. 6. CONTINUATION OF GENERAL PROVISIONS IN APPROPRIATIONS ACTS. Any general provision contained in a general appropriation bill which includes the appropriation of Federal payments to the District of Columbia for a fiscal year (or, in the case of such a bill which is included as a division, title, or other portion of another general appropriation bill, any general provision contained in such division, title, or other portion) in effect on the date of enactment of this Act shall remain in effect until the date of the enactment of a general appropriation bill which includes the appropriation of Federal payments to the District of Columbia for the following fiscal year. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall apply to budgets of the District of Columbia for fiscal years beginning on or after October 1, 2004.

District of Columbia Budget Autonomy Act of 2003 - Amends the District of Columbia Home Rule Act to provide that the District of Columbia budget passed by the Council of the District of Columbia shall be enacted without referral to the President or approval by the Congress, unless it is the budget for a fiscal year which is a control year. Prohibits the Mayor of the District during a control year from transmitting the budget, or amendments or supplements thereto, to the President until the completion of the budget procedures contained in this Act and the District of Columbia Financial Responsibility and Management Assistance Act of 1995. Prohibits obligations or expenditures by District government officers and employees without the Council's approval and in the case of a control year, congressional approval. Allows the Council to reenact provisions of any line-item veto by the Mayor in a budget Act without submitting such veto to the President, unless such item or provision is contained in a budget act for a control year. Permits hiring of full or part-time District government employees and their transfer among programs only if such position is authorized by an Act of the Council or, in the case of a control year, an Act of Congress.

To amend the District of Columbia Home Rule Act to provide the District of Columbia with autonomy over its budgets, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Biometric Technology Utilization Act''. SEC. 2. USE OF BIOMETRIC TECHNOLOGY. Section 44903(h) of title 49, United States Code, is amended-- (1) in paragraph (4)(E) by striking ``may provide for'' and inserting ``shall issue, not later than 4 months after the date of enactment of the Aviation Biometric Technology Utilization Act, guidance for''; and (2) by adding at the end the following: ``(5) Use of biometric technology in airport access control systems.--In issuing guidance under paragraph (4)(E), the Under Secretary, in consultation with representatives of the aviation industry, shall establish at a minimum-- ``(A) comprehensive technical and operational system requirements and performance standards for the use of biometrics in airport access control systems (including airport perimeter access control systems) to ensure that the biometric systems are effective, reliable, and secure; ``(B) procedures for implementing biometric systems-- ``(i) to ensure that individuals do not use an assumed identity to enroll in a biometric system; and ``(ii) to resolve failures to enroll, false matches, and false non-matches; and ``(C) best practices for incorporating biometric technology into airport access control systems in the most effective manner, including a process to best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports. ``(6) Use of biometric technology for law enforcement officer travel.-- ``(A) In general.--Not later than December 31, 2004, the Under Secretary shall-- ``(i) establish a law enforcement officer travel credential that incorporates biometrics and is uniform across all Federal, State, and local government law enforcement agencies; ``(ii) establish a process by which the travel credential will be used to verify the identity of a Federal, State, or local government law enforcement officer seeking to carry a weapon on board an aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer; ``(iii) establish procedures-- ``(I) to ensure that only Federal, State, and local government law enforcement officers are issued the travel credential; ``(II) to resolve failures to enroll, false matches, and false non- matches relating to use of the travel credential; and ``(III) to invalidate any travel credential that is lost, stolen, or no longer authorized for use; ``(iv) begin issuance of the travel credential to each Federal, State, and local government law enforcement officer authorized by the Under Secretary to carry a weapon on board an aircraft; and ``(v) take such other actions with respect to the travel credential as the Secretary considers appropriate. ``(B) Funding.--There is authorized to be appropriated such sums as may be necessary to carry out this paragraph. ``(7) Definitions.--In this subsection, the following definitions apply: ``(A) Biometric information.--The term `biometric information' means the distinct physical or behavioral characteristics that are used for identification, or verification of the identity, of an individual. ``(B) Biometrics.--The term `biometrics' means a technology that enables the automated identification, or verification of the identity, of an individual based on biometric information. ``(C) Failure to enroll.--The term `failure to enroll' means the inability of an individual to enroll in a biometric system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide the biometric sample, a system design that makes it difficult to provide consistent biometric information, or other factors. ``(D) False match.--The term `false match' means the incorrect matching of one individual's biometric information to another individual's biometric information by a biometric system. ``(E) False non-match.--The term `false non-match' means the rejection of a valid identity by a biometric system. ``(F) Secure area of an airport.--The term `secure area of an airport' means the sterile area and the Secure Identification Display Area of an airport, as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations.''. SEC. 3. FUNDING FOR USE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS CONTROL SYSTEMS. (a) Grant Authority.--Section 44923(a)(4) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) for projects to implement biometric technologies in accordance with guidance issued under section 44903(h)(4)(E); and''. (b) Authorization of Appropriations.--Section 44923(i)(1) of such title is amended by striking ``$250,000,000 for each of fiscal years 2004 through 2007'' and inserting ``$250,000,000 for fiscal year 2004, $345,000,000 for fiscal year 2005, and $250,000,000 for each of fiscal years 2006 and 2007''.

Aviation Biometric Technology Utilization Act - Amends Federal transportation law to change from discretionary to mandatory the authority of the Under Secretary for Border and Transportation Security of the Department of Homeland Security (DHS) to issue guidance for the use of biometrics or other technology that positively verifies the identity of each airport employee and law enforcement officer who enters a secure area of an airport. Prescribes minimum requirements for such guidance. Directs the Under Secretary to establish: (1) a law enforcement officer travel credential that incorporates biometrics and is uniform across all Federal, State, and local government law enforcement agencies; (2) a process by which the travel credential will be used to verify the identity of a Federal, State, or local government law enforcement officer seeking to carry a weapon on board an aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer; and (3) related procedures. Requires the Under Secretary to begin issuance of the travel credential to each Federal, State, and local government law enforcement officer authorized to carry a weapon on board an aircraft.

To amend title 49, United States Code, to clarify the importance of utilizing existing, as well as emerging, biometric technology to improve aviation security, including airport perimeter access security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Harvey and Hurricane Irma Working Family Tax Relief Act''. SEC. 2. DETERMINATION OF EARNED INCOME FOR PURPOSES OF THE EARNED INCOME CREDIT AND THE CHILD TAX CREDIT FOR INDIVIDUALS IN THE HURRICANE HARVEY AND HURRICANE IRMA DISASTER AREAS. (a) Earned Income Credit.--Section 32 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(n) Special Rule Relating to Hurricane Harvey and Hurricane Irma.--For purposes of this section and section 24(d)-- ``(1) In general.--In the case of a qualified individual, if the earned income of the taxpayer for the taxable year which includes the applicable date is less than the earned income of the taxpayer for the preceding taxable year, the credit allowed under subsection (a) for the taxable year which includes the applicable date may, at the election of the taxpayer, be determined by substituting-- ``(A) such earned income for the preceding taxable year, for ``(B) such earned income for the taxable year which includes the applicable date. ``(2) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual-- ``(A) whose principal place of abode on the applicable date was located in the Hurricane Harvey disaster area or the Hurricane Irma disaster area and such individual was displaced from such principal place of abode by reason of the Hurricane Harvey federally declared disaster or the Hurricane Irma federally declared disaster, respectively, or ``(B) who performed substantially all employment services in the disaster area and was so employed on the applicable date. ``(3) Other definitions.--For purposes of this subsection-- ``(A) Applicable date.--The term `applicable date' means-- ``(i) August 25, 2017, with respect to Hurricane Harvey, and ``(ii) September 5, 2017, with respect to Hurricane Irma. ``(B) Hurricane harvey federally declared disaster.-- ``(i) In general.--The term `Hurricane Harvey federally declared disaster' means the disaster occurring by reason of Hurricane Harvey and determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(ii) Hurricane harvey disaster area.--The term `Hurricane Harvey disaster area' means the area so determined to warrant such assistance. ``(C) Hurricane irma federally declared disaster.-- ``(i) In general.--The term `Hurricane Irma federally declared disaster' means the disaster occurring by reason of Hurricane Irma and determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(ii) Hurricane irma disaster area.--The term `Hurricane Irma disaster area' means the area so determined to warrant such assistance. ``(4) Special rules.-- ``(A) Application to joint returns.--For purposes of paragraph (1), in the case of a joint return for a taxable year which includes the applicable date-- ``(i) such paragraph shall apply if either spouse is a qualified individual, and ``(ii) the earned income of the taxpayer for the preceding taxable year shall be the sum of the earned income of each spouse for such preceding taxable year. ``(B) Uniform application of election.--Any election made under paragraph (1) shall apply with respect to both this section and section 24(d). ``(C) Errors treated as mathematical error.--For purposes of section 6213, an incorrect use on a return of earned income pursuant to paragraph (1) shall be treated as a mathematical or clerical error. ``(D) No effect on determination of gross income, etc.--Except as otherwise provided in this subsection, this title shall be applied without regard to any substitution under paragraph (1).''. (b) Child Tax Credit.--Subsection (d) of section 24 of such Code is amended by adding at the end the following new paragraph: ``(6) Special rule relating to hurricane harvey and hurricane irma.--See section 32(n) for determination of earned income with respect to the Hurricane Harvey and Hurricane Irma federally declared disasters.''. (c) Treatment of Possessions.-- (1) Payments to possessions.-- (A) Mirror code possession.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the residents of such possession. (2) Coordination with credit allowed against united states income taxes.--In the case of any person-- (A) to whom a credit is allowed against taxes imposed by a possession of the United States by reason of the amendments made by this section for any taxable year, or (B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to any taxable year, any credit allowed under section 24 or 32 of the Internal Revenue Code of 1986 to such person for such taxable year shall be determined without regard to the amendments made by this section. (3) Definitions and special rules.-- (A) Possession of the united states.--For purposes of this subsection, the term ``possession of the United States'' includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit allowed under section 24(d) or 32 of the Internal Revenue Code of 1986. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after August 25, 2017.

Hurricane Harvey and Hurricane Irma Working Family Tax Relief Act This bill amends the Internal Revenue Code to allow certain individuals affected by Hurricanes Harvey or Irma to elect to use earned income from the preceding year for the purpose of determining earned income for the earned income tax credit and the child tax credit. The bill applies to an individual: (1) whose principal place of abode on specified dates was located in the Hurricane Harvey disaster area or the Hurricane Irma disaster area, (2) who was displaced from the place of abode due to the disaster, and (3) who performed substantially all employment services in the disaster area and was so employed on the specified date. The Department of the Treasury must pay to each U.S. possession with a tax system that mirrors federal tax law (mirror code tax system) amounts equal to the loss to the possession due to this bill. For U.S. possessions that do not have a mirror code tax system, Treasury must pay an amount equal to the aggregate benefits that would have been provided to residents of the possession due to this bill if a mirror code tax system had been in effect.

Hurricane Harvey and Hurricane Irma Working Family Tax Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``HUD Property Disposition Reform Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) while there is a pressing need to serve homeless families and individuals, the program of the Department of Housing and Urban Development for disposition of single family properties for use by the homeless is ineffective; (2) Federal housing programs for the homeless must serve homeless families and individuals at a reasonable cost to taxpayers; and (3) the single family property disposition program for the homeless is poorly designed and administered, drains critical human and financial resources from the Department of Housing and Urban Development, is fraught with abuse and fraud, and, therefore, is a poor use of taxpayer assets. SEC. 3. ELIMINATION OF LEASE OPTIONS. In carrying out the disposition program (as such term is defined in section 6), the Secretary of Housing and Urban Development may not dispose of eligible properties-- (1) by lease with an option to purchase; or (2) to any applicant for an acquisition grant under the supportive housing program under any agreement that provides for the lease of the property (including any lease-option to purchase agreement). SEC. 4. DISCOUNTS FOR PURCHASE OF PROPERTIES. In selling any property under the disposition program, the purchase price shall be the fair market value of the property, less a discount, as follows: (1) Insured sales and sales under supportive housing lease- option to purchase agreements.--In the case of any property made available for purchase with mortgage insurance available under the National Housing Act or any property purchased pursuant to a lease-option to purchase agreement entered into before the date of the enactment of this Act by an applicant for an acquisition grant under the supportive housing program, the discount shall be-- (A) 10 percent, for any property sold in a single transaction involving not more than 4 properties; (B) 15 percent, for any property sold in a single transaction involving 5 or more properties; or (C) notwithstanding subparagraphs (A) and (B), 30 percent, for any property located in a revitalization area. (2) Uninsured sales.-- (A) In general.--In the case of any uninsurable property, the discount shall be-- (i) 20 percent, for any property sold in a single transaction involving not more than 4 properties; (ii) 25 percent, for any property sold in a single transaction involving 5 or more properties; or (iii) notwithstanding subparagraphs (A) and (B), 40 percent, for any property located in a revitalization area. (B) Uninsurable properties.--For purposes of subparagraph (A), the term ``uninsurable property'' means an eligible property that-- (i) is made available for purchase without any mortgage insurance under the National Housing Act; (ii) is not a property purchased pursuant to a lease-option to purchase agreement entered into before the date of the enactment of this Act by an applicant for an acquisition grant under the supportive housing program; and (iii) if purchased by a private nonprofit organization, is purchased subject to such binding agreements as the Secretary shall require to ensure that the property is used to provide housing for homeless persons for a period of not less than 5 years. SEC. 5. ELIGIBILITY OF PRIVATE NONPROFIT ORGANIZATIONS. (a) Additional Requirements.--In carrying out the disposition program, the Secretary may dispose of an eligible property to a private nonprofit organization only if the organization provides to the Secretary-- (1) a mission statement and the articles of incorporation for the organization, each of which state that a purpose of the organization is providing housing assistance for homeless persons; (2) such documentation as the Secretary may require to ensure that the organization-- (A) is authorized to execute purchase agreements; and (B) has not less than 2 years experience in operating housing and providing supportive services for homeless persons. The requirements under this subsection shall be additional to any requirements regarding eligibility of private nonprofit organizations for participation in the disposition program that may be established by the Secretary. (b) Existing Approved Applicants.--Notwithstanding subsection (a), any private nonprofit organization that, before the date of the enactment of this Act, is approved by the Secretary to lease or purchase properties under the disposition program shall not be required to comply with the requirements under such subsection to be eligible to purchase such properties after the date of enactment under the program as modified by this Act. SEC. 6. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Disposition program.--The term ``disposition program'' means the program under subpart E of part 291 of title 24, Code of Federal Regulations, for disposition of single family properties acquired by the Department of Housing and Urban Development for use by homeless persons. (2) Eligible property.--The term ``eligible property'' means a vacant property that-- (A) consists of not more than 4 dwelling units; (B) is acquired by the Secretary under the Mutual Mortgage Insurance Fund, the General Insurance Fund, or the Special Risk Insurance Fund, each established under the National Housing Act; and (C) is not committed for use or disposition under any program of the Department of Housing and Urban Development other than the disposition program. (3) Revitalization area.--The term ``revitalization area'' means a neighborhood that, as determined by the Secretary-- (A) has a significant concentration of vacant properties, including properties needing extensive repairs that have been in the inventory of the Department of Housing and Urban Development not less than 6 months, or a longer period as determined by the Secretary; (B) exhibits other characteristics of economic distress; and (C) has been targeted by the locality in which it is located for establishing affordable housing and providing adequate supportive services. (4) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (5) Supportive housing program.--The term ``supportive housing program'' means the supportive housing program under subtitle C of title IV of the Stewart B. McKinney Homeless Assistance Act.

HUD Property Disposition Reform Act - Prohibits the Secretary of Housing and Urban Development from using specified lease options in carrying out the program of disposing of single family properties for use by the homeless. States that the purchase price of such disposed properties shall be the fair market value less specified discounts depending upon whether the sale is: (1) a mortgage-insured sale or under a lease-option to purchase agreement; or (2) an uninsured sale. Authorizes sales to private nonprofit organizations under specified conditions.

HUD Property Disposition Reform Act

SECTION 1. TEMPORARY AUTHORIZATION OF USE OF VETERANS CHOICE FUNDS FOR CERTAIN PROGRAMS. (a) In General.--Subsection (c) of section 802 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 128 Stat. 1802) is amended-- (1) in paragraph (1), by striking ``Any amounts'' and inserting ``Except as provided by paragraph (3), any amounts''; and (2) by adding at the end the following paragraph: ``(3) Temporary authority for other uses.-- ``(A) Other non-department care.--In addition to the use of amounts described in paragraph (1), of the amounts deposited in the Veterans Choice Fund, not more than $3,348,500,000 may be used by the Secretary during the period described in subparagraph (C) for amounts obligated by the Secretary on or after May 1, 2015, to furnish health care to individuals pursuant to chapter 17 of title 38, United States Code, at non-Department facilities, including pursuant to non-Department provider programs other than the program established by section 101. ``(B) Hepatitis c.--Of the amount specified in subparagraph (A), not more than $500,000,000 may be used by the Secretary during the period described in subparagraph (C) for pharmaceutical expenses relating to the treatment of Hepatitis C. ``(C) Period described.--The period described in this subparagraph is the period beginning on the date of the enactment of the VA Budget and Choice Improvement Act and ending on October 1, 2015. ``(D) Reports.--Not later than 14 days after the date of the enactment of the VA Budget and Choice Improvement Act, and not less frequently than once every 14-day period thereafter during the period described in subparagraph (C), the Secretary shall submit to the appropriate congressional committees a report detailing-- ``(i) the amounts used by the Secretary pursuant to subparagraphs (A) and (B); and ``(ii) an identification of such amounts listed by the non-Department provider program for which the amounts were used. ``(E) Definitions.--In this paragraph: ``(i) The term `appropriate congressional committees' means-- ``(I) the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives; and ``(II) the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate. ``(ii) The term `non-Department facilities' has the meaning given that term in section 1701 of title 38, United States Code. ``(iii) The term `non-Department provider programs' means each program administered by the Secretary of Veterans Affairs under which the Secretary enters into contracts or other agreements with health care providers at non- Department facilities to furnish hospital care and medical services to veterans, including pursuant to the following: ``(I) Section 1703 of title 38, United States Code. ``(II) The Veterans Choice Program established by section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note). ``(III) The Patient Centered Community Care Program (known as `PC3'). ``(IV) The pilot program established by section 403 of the Veterans' Mental Health and Other Care Improvements Act of 2008 (Public Law 110-387; 38 U.S.C. 1703 note) (known as `Project ARCH'). ``(V) Contracts relating to dialysis. ``(VI) Agreements entered into by the Secretary with-- ``(aa) the Secretary of Defense, the Director of the Indian Health Service, or the head of any other department or agency of the Federal Government; or ``(bb) any academic affiliate or other non- governmental entity. ``(VII) Programs relating to emergency care, including under sections 1725 and 1728 of title 38, United States Code.''. (b) Conforming Amendment.--Subsection (d)(1) of such section is amended by inserting before the period at the end the following: ``(or for hospital care and medical services pursuant to subsection (c)(3) of this section)''. SEC. 2. EMERGENCY DESIGNATIONS. (a) In General.--This title, except for section 7, is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay- As-You-Go Act of 2010 (2 U.S.C. 933(g)). (b) Designation in Senate.--In the Senate, this title, except for section 7, is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

Grants the Department of Veterans Affairs (VA) temporary authority (through October 1, 2015) to use certain transfers from the Veterans Choice Fund to pay for health care for eligible veterans at non-VA facilities, including pharmaceuticals for treatment of Hepatitis C.

To provide for the temporary use of Veterans Choice Funds for certain programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tapoco Project Licensing Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) APGI.--The term ``APGI'' means Alcoa Power Generating Inc. (including its successors and assigns). (2) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (3) Map.--The term ``map'' means the map entitled ``Tapoco Hydroelectric Project, P-2169, Settlement Agreement, Appendix B, Proposed Land Swap Areas, National Park Service and APGI'', numbered TP514, Issue No. 9, and dated June 8, 2004. (4) Park.--The term ``Park'' means Great Smoky Mountains National Park. (5) Project.--The term ``Project'' means the Tapoco Hydroelectric Project, FERC Project No. 2169, including the Chilhowee Dam and Reservoir in the State of Tennessee. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. LAND EXCHANGE. (a) Authorization.-- (1) In general.--Upon the conveyance by APGI of title acceptable to the Secretary of the land identified in paragraph (2), the Secretary shall simultaneously convey to APGI title to the land identified in paragraph (3). (2) Description of land to be conveyed by apgi.--The land to be conveyed by APGI to the Secretary is the approximately 186 acres of land, subject to any encumbrances existing before February 21, 2003-- (A) within the authorized boundary of the Park, located northeast of United States Highway 129 and adjacent to the APGI power line; and (B) as generally depicted on the map as ``Proposed Property Transfer from APGI to National Park Service''. (3) Description of land to be conveyed by the secretary.--The land to be conveyed by the Secretary to APGI are the approximately 110 acres of land within the Park that are-- (A) adjacent to or flooded by the Chilhowee Reservoir; (B) within the boundary of the Project as of February 21, 2003; and (C) as generally depicted on the map as ``Proposed Property Transfer from National Park Service to APGI''. (b) Minor Adjustments to Conveyed Land.--The Secretary and APGI may mutually agree to make minor boundary or acreage adjustments to the land identified in paragraphs (2) and (3) of subsection (a). (c) Opportunity To Mitigate.--If the Secretary determines that all or part of the land to be conveyed to the Park under subsection (a) is unsuitable for inclusion in the Park, APGI shall have the opportunity to make the land suitable for inclusion in the Park. (d) Conservation Easement.--The Secretary shall reserve a conservation easement over any land transferred to APGI under subsection (a)(3) that, subject to any terms and conditions imposed by the Commission in any license that the Commission may issue for the Project, shall-- (1) specifically prohibit any development of the land by APGI, other than any development that is necessary for the continued operation and maintenance of the Chilhowee Reservoir; (2) authorize public access to the easement area, subject to National Park Service regulations; and (3) authorize the National Park Service to enforce Park regulations on the land and in and on the waters of Chilhowee Reservoir lying on the land, to the extent not inconsistent with any license condition considered necessary by the Commission. (e) Applicability of Certain Laws.--Section 5(b) of Public Law 90- 401 (16 U.S.C. 460l-22(b)), shall not apply to the land exchange authorized under this section. (f) Reversion.-- (1) In general.--The deed from the Secretary to APGI shall contain a provision that requires the land described in subsection (a)(3) to revert to the United States if-- (A) the Chilhowee Reservoir ceases to exist; or (B) the Commission issues a final order decommissioning the Project from which no further appeal may be taken. (2) Applicable law.--A reversion under this subsection shall not eliminate APGI's responsibility to comply with all applicable provisions of the Federal Power Act (16 U.S.C. 791a et seq.), including regulations. (g) Boundary Adjustment.-- (1) In general.--On completion of the land exchange authorized under this section, the Secretary shall-- (A) adjust the boundary of the Park to include the land described in subsection (a)(2); and (B) administer any acquired land as part of the Park in accordance with applicable law (including regulations). (2) National park service land.--Notwithstanding the exchange of land under this section, the land described in subsection (a)(3) shall remain in the boundary of the Park. (3) Public notice.--The Secretary shall publish in the Federal Register notice of any boundary revised under paragraph (1). SEC. 4. PROJECT LICENSING. Notwithstanding the continued inclusion of the land described in section 3(a)(3) in the boundary of the Park (including any modification made pursuant to section 3(b)) on completion of the land exchange, the Commission shall have jurisdiction to license the Project. SEC. 5. LAND ACQUISITION. (a) In General.--The Secretary or the Secretary of Agriculture may acquire, by purchase, donation, or exchange, any land or interest in land that-- (1) may be transferred by APGI to any non-governmental organization; and (2) is identified as ``Permanent Easement'' or ``Term Easement'' on the map entitled ``Tapoco Hydroelectric Project, P-2169, Settlement Agreement, Appendix B, Proposed Land Conveyances in Tennessee'', numbered TP616, Issue No. 15, and dated March 11, 2004. (b) Land Acquired by the Secretary of the Interior.--The Secretary shall-- (1) adjust the boundary of the Park to include any land or interest in land acquired by the Secretary under subsection (a); (2) administer any acquired land or interest in land as part of the Park in accordance with applicable law (including regulations); and (3) publish notice of the adjustment in the Federal Register. (c) Land Acquired by the Secretary of Agriculture.-- (1) Boundary adjustment.--The Secretary of Agriculture shall-- (A) adjust the boundary of the Cherokee National Forest to include any land acquired under subsection (a); (B) administer any acquired land or interest in land as part of the Cherokee National Forest in accordance with applicable law (including regulations); and (C) publish notice of the adjustment in the Federal Register. (2) Management.--The Secretary of Agriculture shall evaluate the feasibility of managing any land acquired by the Secretary of Agriculture under subsection (a) in a manner that retains the primitive, back-country character of the land. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Tapoco Project Licensing Act of 2004 - (Sec. 3) Instructs the Secretary of the Interior to engage in a simultaneous land exchange with Alcoa Power Generating Inc. (APGI) upon conveyance by APGI of acceptable title to certain land adjacent to the APGI power line within the Great Smoky Mountains National Park, generally depicted on the map as "proposed Property Transfer from APGI to National Park Service." Identifies the land to be conveyed by the Secretary as approximately 110 acres within the Park: (1) adjacent to or flooded by the Chilhowee Reservoir; and (2) within the boundary of the Tapoco Hydroelectric Project as of February 21, 2003. Prescribes procedural requirements, including reservation of a conservation easement over any land transferred to APGI that: (1) specifically prohibits development of the land by APGI which is not necessary for the continued operation and maintenance of the Chilhowee Reservoir; (2) authorizes public access to the easement area, subject to National Park Service regulations; and (3) authorizes the National Park Service to enforce Park regulations on the land and in and on the waters of Chilhowee Reservoir lying on the land. Requires the deed to require reversion of the title to the United States if the Chilhowee Reservoir ceases to exist, or the Federal Energy Regulatory Commission (FERC) issues a final order decommissioning the Tapoco Project from which no further appeal may be taken. (Sec. 4) Grants FERC jurisdiction to license the Tapoco Project upon completion of the land exchange. (Sec. 5) Authorizes the Secretary of the Interior or the Secretary of Agriculture to acquire for the United States any land or interest in land identified as specified easements that may be transferred by APGI to a nongovernmental organization pursuant to a specified Settlement Agreement. Prescribes implementation requirements for land acquired by the Secretary of the Interior and the Secretary of Agriculture, respectively. (Sec. 6) Authorizes appropriations.

A bill to authorize and facilitate hydroelectric power licensing of the Tapoco Project.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northwest Rural Employment and Forest Restoration Act of 2004''. SEC. 2. DEFINITIONS. In this section: (1) Northwest forest plan.--The term ``Northwest Forest Plan'' means the collection of documents issued in 1994 and entitled ``Final Supplemental Environmental Impact Statement and Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents within the Range of the Northern Spotted Owl'' and ``Standards and Guidelines for Management of Habitat for Late-Successional and Old-Growth Forest Related Species Within the Range of the Northern Spotted Owl''. (2) Westside forest land.--The term ``Westside Forest land'' refers to the publicly owned Douglas fir and western hemlock forests in Oregon and Washington that are covered by the Northwest Forest Plan, located west of the Cascade Crest, and administered by the Bureau of Land Management or the Forest Service. These forests generally belong to the western hemlock and pacific silver fir plant associations and have their geographic center north of the mixed conifer and pine series characteristic of Southern Oregon. These forests are found within the boundaries of the Mt. Baker-Snoqualmie National Forests, Olympic National Forest, Gifford Pinchot National Forest, Siuslaw National Forest, Mount Hood National Forest, Willamette National Forest, Umpqua National Forest, Rogue River National Forest, Salem Bureau of Land Management District, Eugene Bureau of Land Management District, Roseburg Bureau of Land Management District, Coos Bay Bureau of Land Management District, and Medford Bureau of Land Management District. (3) Forest health.--The term ``forest health'', with respect to an area of Westside Forest land, refers to the ability of the land to support viable native species assemblages or to have, or be developing, historic species composition, function, and structure and hydrologic function. (4) Late-successional reserve.--The term ``late- successional reserve'' means land area designated as a ``late- successional reserve'' pursuant to the Northwest Forest Plan. (5) Old growth.--The term ``old growth'' means late- successional and mature multi-storied conifer forest stands, more than 120 years old as of the date of the enactment of this Act, that provide, or are likely to provide, complex habitat for associated species assemblages. (6) Young managed stands.--The term ``young managed stand'' means a stand of trees where the overstory has been mechanically removed and the stand has been artificially regenerated. SEC. 3. FINDINGS. Congress finds the following: (1) The Northwest Forest Plan can be better implemented. Better implementation and funding of the Northwest Forest Plan could significantly improve protection for native forest ecosystems and wildlife and substantially increase timber production and economic opportunities for rural communities. (2) Logging of old-growth forests diminishes a unique natural heritage, as well as habitat for rare, threatened and endangered species. Old-growth logging creates intense public controversy that has prevented attainment of the social and economic goals of the Northwest Forest Plan. Thinning in younger, previously managed forests, on the contrary, can help recover habitat, reduce controversy, and create certainty and stability in wood fiber production. (3) To improve habitat and to capture future commodity production potential, the Forest Service and Bureau of Land Management should implement an accelerated thinning regime across a wide landscape, primarily in young managed stands. (4) There are vast unmet thinning needs on Westside Forest lands. Currently there are over 1,000,000 acres of young managed stands designated as late-successional reserves within the range of the Northwest Forest Plan that need immediate thinning or will need thinning in the near future. Additionally, there are approximately 1,000,000 acres of young managed stands designated as matrix on these lands that are also in immediate need of thinning or will need thinning in the near future. (5) The Forest Service estimates that thinning the millions of acres of young managed stands on Westside Forest lands could produce approximately 6,000,000,000 board-feet of commercial timber over the next couple of decades. (6) The timber industry in Oregon and Washington has largely re-tooled its existing mills to process the smaller- diameter commercial timber generated from thinning young managed stands and is no longer dependent on large-diameter old-growth trees. (7) A program of intensive and accelerated thinning in young managed stands could annually yield twice the volume of commercial timber products than the volume currently being produced from Federal lands under the Northwest Forest Plan. (8) The Olympic and Siuslaw National Forests represent nine percent of the National Forest land base in Oregon and Washington under the Northwest Forest Plan, but in 2003 produced almost 20 percent of the volume in this area. A number of factors account for this fact, but the primary reason for these forests' productivity is the absence of appeals and litigation due to an emphasis on thinning young managed stands. (9) The Siuslaw National Forest generates approximately 20,000,000 board-feet annually, with the potential to generate 50,000,000 board-feet, from young managed stands, resulting in millions of dollars for additional restoration projects, other forest accounts, payments to local counties, and the Federal Treasury. (10) The Gifford Pinchot National Forest was once the top producing forest in Washington. Harvest volumes dropped substantially, to approximately 2,000,000 board-feet of timber per year, due to controversy over old-growth logging. Since shifting to an emphasis on thinning young managed stands, the Gifford Pinchot National Forest can now produce nearly 18,000,000 board-feet of commercial timber annually with virtually no controversy, appeals, or litigation. (11) Thinning young managed stands could significantly contribute to improved forest health, water quality, wildlife and vegetation diversity, and the development of vital old growth forest ecosystems, while providing thousands of jobs and much-needed economic activity in depressed rural communities of Western Oregon and Washington. SEC. 4. INVENTORY OF WESTSIDE FOREST LAND. (a) Westside Forest Inventory.--Not later than 180 days after the date of the enactment of this Act, each Forest Service and Bureau of Land Management administrative unit containing Westside Forest land shall-- (1) identify different forest land management allocations, as amended by the Northwest Forest Plan; and (2) identify the location, acreage, and age of old growth stands, young managed stands, and other naturally occuring stands, regardless of land management allocation. (b) Existing Inventories.--Existing forest inventories may be used to satisfy the requirements of this section, subject to an internal review confirming the accuracy of the inventory. SEC. 5. MANAGEMENT PRIORITIES FOR WESTSIDE FOREST LAND. (a) Forest Health Projects; Prioritization.--Upon completion of the forest inventory required by section 4 for a Forest Service or Bureau of Land Management administrative unit, the administrative unit shall plan and implement projects described in subsection (b) through (e) to enhance the forest health of Westside Forest land managed by the administrative unit. In selecting such projects, resources of the administrative unit shall be prioritized so that significant acreage identified in the inventory in the two categories described in subsections (b) and (c) are planned for treatment, and treatment has begun, before planning of projects described in subsections (d) and (e) is commenced. (b) Enhancement of Late-Successional Forest Development.--The highest priority shall be given to projects involving variable density thinning treatments to enhance late-successional forest development in young managed stands in late-successional reserves. Projects shall avoid impacts to unstable slopes, and avoid disturbance to aquatic systems and soils. All projects shall comply with the management guidelines for late-successional reserves contained in the Northwest Forest Plan, except, notwithstanding the 80-year age limit for late- successional reserve management, active management to improve forest health in young managed stands may occur up to 120 years of age in a late-successional reserve. Appropriate thinning prescriptions for a late-successional reserve shall be site-specific to individual young managed stands, taking into account factors such as the slope aspect, soil type, hydrology, geomorphology, and vegetation composition of the site. (c) Improvement of Young Managed Stands.--The second highest priority shall be given to projects involving thinning in young managed stands designated for timber production in the matrix designed to increase the objectives of future timber production or enhanced habitat, or both objectives. (d) Testing of Innovative Management Techniques and Strategies.--An administrative unit may plan and implement silvicultural projects under this section that test new and innovative management techniques and strategies in adaptive management areas under the Northwest Forest Plan. Projects shall avoid impacts to unstable slopes, streams, and soils, as defined in the Northwest Forest Plan, as well as identified old growth forests. (e) Projects on Matrix Land.--For matrix land containing old growth stands, an administrative unit shall not plan, advertise, contract, or implement any harvest of timber, except for noncommercial use, or noncommercial purposes in an emergency situation such as wildland fire- fighting. Other projects may include any management activity allowed by the Northwest Forest Plan. SEC. 6. PREPARATION OF PROGRAMMATIC ENVIRONMENTAL DOCUMENTATION. (a) NEPA Documentation.--Based on the forest inventory required by section 4 for a Forest Service or Bureau of Land Management administrative unit, the administrative unit may prepare programmatic environmental documentation pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) at the appropriate scale (District, watershed, or subwatershed) to study the significant environmental effects of the major Federal actions contemplated in projects authorized by section 5. (b) Elimination of Repetitive Discussions of Issues.--If programmatic environmental documentation is prepared under subsection (a), the Forest Service or Bureau of Land Management administrative unit may eliminate repetitive discussions of the same issues and focus on the actual issues ripe for decision at subsequent levels of environmental review. Subsequent levels of environmental review may tier to the programmatic environmental document by summarizing the issues discussed in the broader statement and incorporate discussions from the broader statement by reference. SEC. 7. IMPLEMENTATION REQUIREMENTS AND AUTHORIZATION OF APPROPRIATIONS. (a) Relation to Northwest Forest Plan.--This Act is intended to supplement the requirements of the Northwest Forest Plan. Except as provided in section 5, all projects on Westside Forest lands shall be planned and implemented in compliance with the Northwest Forest Plan and all other applicable laws. (b) Authorization of Appropriations.--There are authorized to be appropriated $25,000,000 for each fiscal year to plan and implement projects under section 5. Amounts appropriated pursuant to this authorization of appropriation shall remain available until expended. This authorization of appropriations is in addition to any other authorization of appropriations for the Forest Service or the Bureau of Land Management. (c) Treatment of Proceeds From Certain Projects.-- (1) Retained proceeds.--Subject to paragraph (2), an administrative unit of the Forest Service or the Bureau of Land Management may retain proceeds from the sale of commercial timber resulting from a project described in section 5(b) for use in planning and implementing other projects under such section and other projects to improve forest health on Westside Forest lands. (2) Relation to other forest receipt laws.--Nothing in this Act shall affect deposits to the Knudsen-Vanderburg Reforestation Trust Fund established under section 3 of the Act of June 9, 1930 (16 U.S.C. 576b), the requirement to make payments to States or counties under any provision of law, or other obligations related to receipts obtained from the sale of forest products from Westside Forest lands.

Northwest Rural Employment and Forest Restoration Act of 2004 - Requires each Forest Service and Bureau of Land Management administrative unit containing Westside Forest land to identify: (1) different forest land management allocations, as amended by the Northwest Forest Plan; and (2) the location, acreage, and age of old growth stands, young managed stands, and other naturally occurring stands. Requires such administrative units to: (1) plan and implement projects to enhance the forest health of Westside Forest land managed by the administrative unit; and (2) prioritize projects so that significant acreage identified in the inventory are planned for treatment, and treatment has begun, before planning other projects. Sets forth priorities for such projects. Prohibits such administrative units from planning, advertising, contracting or implementing any harvest of timber for matrix land containing old growth stands, except for noncommercial use or noncommercial purposes in an emergency situation. Allows such administrative units to prepare programmatic environmental documentation pursuant to the National Environmental Policy Act of 1969 to study the significant environmental effects of the major Federal actions contemplated in projects authorized by this Act.

To establish management priorities for Federal forest lands in Oregon and Washington located west of the Cascade Crest that will protect old growth timber while improving the health of young managed stands, increasing the volume of commercial timber available from these lands, and providing economic opportunities in local communities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Livestock Packer and Producer Fairness Act of 2002''. SEC. 2. REQUIRED SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS. (a) In General.--Chapter 5 of subtitle B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636 et seq.) is amended by adding at the end of the following new section: ``SEC. 260. REQUIRED SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS. ``(a) Definitions.--In this section-- ``(1) Cooperative.--The term `cooperative' has the meaning given the term `cooperative association of producers' in section 1a of the Commodity Exchange Act (7 U.S.C. 1a). ``(2) Covered packer.--The term `covered packer' means a packer that is required under this subtitle to report to the Secretary each reporting day information on the price and quantity of livestock purchased by the packer. The term does not include a packer that owns only one livestock processing plant. ``(3) Nonaffiliated producer.--The term `nonaffiliated producer' means a producer that-- ``(A) sells livestock to a packer in which the packer has no equity interest; ``(B) has less than one percent equity interest in the packer and the packer has less than one percent equity interest in the producer; ``(C) has no officers, directors, employees, or owners that are officers, directors, employees, or owners of the packer; and ``(D) has no fiduciary responsibility to the packer. ``(4) Spot market purchase.--The term `spot market purchase' means the purchase of livestock by a packer under circumstances in which-- ``(A) the purchase agreement specifies a firm base price that may be equated with a fixed dollar amount on the day the agreement is entered into; ``(B) the livestock are to be slaughtered not more than seven days after the date of the agreement; ``(C) no other written or oral agreement precludes the seller of the livestock from soliciting or receiving bids from other packers; and ``(D) no circumstances, customs, or practices exist that establishes the existence of an implied contract, as defined by the Uniform Commercial Code, or precludes the seller of the livestock from soliciting or receiving bids from other packers. ``(b) Spot Market Purchases Required.--Of the quantity of livestock slaughtered by a covered packer during each reporting day in each plant of the packer, the covered packer shall slaughter not less than the applicable percentage specified in subsection (c) or (d) of livestock that were purchased by the packer through spot market purchases from nonaffiliated producers. ``(c) Applicable Percentages.--Except as provided in subsection (d), the applicable percentage shall be-- ``(1) 12.5 percent for a covered packer that is a cooperative; and ``(2) 25 percent for a covered packer that is not a cooperative. ``(d) Transitional Percentages.-- ``(1) Special rule for cooperatives.--In the case of a covered packer that is a cooperative and that reported more than 87.5 percent captive supply cattle in its 2001 annual report to the Secretary, the applicable percentage shall be the greater of-- ``(A) the difference between 100 and the percentage of captive supply so reported; and ``(B) the following percentages: ``(i) During each of the calendar years of 2004 and 2005, 5 percent. ``(ii) During each of the calendar years of 2006 and 2007, 7.5 percent. ``(iii) During the calendar year 2008 and each calendar year thereafter, 12.5 percent. ``(2) Special rule for other covered packers.--In the case of a covered packer that is not a cooperative and that reported more than 87.5 percent captive supply cattle in its 2001 annual report to the Secretary, the applicable percentage shall be the greater of-- ``(A) the difference between 100 and the percentage of captive supply so reported; and ``(B) the following percentages: ``(i) During each of the calendar years of 2004 and 2005, 5 percent. ``(ii) During each of the calendar years of 2006 and 2007, 15 percent. ``(iii) During the calendar year 2008 and each calendar year thereafter, 25 percent. ``(e) Rule of Construction.--Nothing in this section shall affect the interpretation of any other provision of this Act, including section 202.''. (b) Nonpreemption.--Section 259 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636h) is amended-- (1) by inserting ``(a) Reporting and Publication of Information.--'' after ``In order''; and (2) by adding at the end of the following new subsection: ``(b) Spot Market Purchases.--This section does not preempt any requirement of a State or political subdivision of a State that requires a packer to purchase on the spot market a greater percentage of the livestock purchased by the packer than is required under section 260.''. (c) Application of Amendment.--The amendment made by subsection (a) shall apply to covered producers (as defined in such amendment) beginning January 1, 2004.

Livestock Packer and Producer Fairness Act of 2002 - Amends the Agricultural Marketing Act of 1946 to establish minimum per plant per reporting day purchase and slaughter requirements through spot purchases from nonaffiliated producers for a covered packer: (1) that is a cooperative; and (2) that is not a cooperative.Sets forth transitional requirements for a covered packer with a specified captive cattle supply.Defines "cooperative," "covered packer," "nonaffiliated producer," and "spot market purchase."

To amend the Agricultural Marketing Act of 1946 to increase competition and transparency among packers required to report information on the price and quantity of livestock purchased by the packer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Tax Credit Act of 2018''. SEC. 2. CREDIT FOR FLOOD INSURANCE EXPENSES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. FLOOD INSURANCE EXPENSES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for a taxpayer for a taxable year an amount equal to the sum of-- ``(1) the lesser of-- ``(A) the Federal flood insurance expenses of the taxpayer for the taxable year, and ``(B) $1,500, plus ``(2) the lesser of-- ``(A) 50 percent of the private flood insurance expenses of the taxpayer for the taxable year, and ``(B) $3,000, plus ``(3) the lesser of-- ``(A) Federal contents coverage flood insurance expenses of the taxpayer for the taxable year, and ``(B) $600. ``(b) Phaseout.-- ``(1) Federal flood insurance expense.--The amount determined under subsection (a)(1) for a taxpayer for a taxable year shall be reduced (but not below zero) by-- ``(A) in the case of a joint return, 1.5 percent of so much of the taxpayer's income for such taxable year as exceeds $100,000, and ``(B) in any other case, 3 percent of so much of the taxpayer's income for such taxable year as exceeds $50,000. ``(2) Private flood insurance expense.--The amount determined under subsection (a)(2) for a taxpayer for a taxable year shall be reduced (but not below zero) by-- ``(A) in the case of a joint return, 3 percent of so much of the taxpayer's income for such taxable year as exceeds $100,000, and ``(B) in any other case, 6 percent of so much of the taxpayer's income for such taxable year as exceeds $50,000. ``(3) Federal contents coverage flood insurance expense.-- The amount determined under subsection (a)(3) for a taxpayer for a taxable year shall be reduced (but not below zero) by-- ``(A) in the case of a joint return, 0.6 percent of so much of the taxpayer's income for such taxable year as exceeds $100,000, and ``(B) in any other case, 1.2 percent of so much of the taxpayer's income for such taxable year as exceeds $50,000. ``(c) Definition.--For purposes of this section: ``(1) Federal flood insurance expense.--The term `Federal flood insurance expense' means the excess of-- ``(A) amounts paid or incurred as premiums for flood insurance coverage made available under the National Flood Insurance Act of 1968, over ``(B) Federal contents coverage flood insurance expense. ``(2) Private flood insurance expense.--The term `private flood insurance expense' means amounts paid or incurred as premiums for flood insurance coverage other than flood insurance coverage made available under the National Flood Insurance Act of 1968, including such coverage for the contents of a structure. ``(3) Federal contents coverage flood insurance expense.-- The term `Federal contents coverage flood insurance expense' means amounts paid or incurred as premiums for flood insurance coverage made available under the National Flood Insurance Act of 1968 for contents of a structure. ``(d) Primary Residence.--Federal flood insurance expenses, private flood insurance expenses, and Federal contents coverage flood insurance expenses shall only be taken into account to the extent that such expenses are paid or incurred for coverage related to the taxpayer's principal residence. ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any amount with respect to which a deduction is allowed due to subsection (c) or (e) of section 280A. ``(f) Inflation Adjustment.--In the case of any taxable year beginning in calendar years after 2019, each of the dollar amounts in subsections (a) and (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2018' for `2019' in subparagraph (A)(ii) thereof. If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (b) Clerical Amendment.--The table of sections for subpart A 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 25D the following new item: ``Sec. 25E. Flood insurance expenses.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2018.

Flood Insurance Tax Credit Act of 2018 This bill amends the Internal Revenue Code to allow a tax credit for flood insurance expenses. The credit applies to portions of a taxpayer's expenses for federal flood insurance, private flood insurance, and federal contents coverage flood insurance for a principal residence. The amount of the credit is subject to limitations based on the taxpayer's income and must be adjusted for inflation after 2019.

Flood Insurance Tax Credit Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cache La Poudre River National Heritage Area Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Cache La Poudre River National Heritage Area established by section 3(a). (2) Local coordinating entity.--The term ``local coordinating entity'' means the Poudre Heritage Alliance, the local coordinating entity for the Heritage Area designated by section 3(d). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area required under section 5(a). (4) Map.--The term ``map'' means the map entitled ``Cache La Poudre River National Heritage Area'', numbered 960/80,003, and dated April, 2004. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Colorado. SEC. 3. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Cache La Poudre River National Heritage Area. (b) Boundaries.--The Heritage Area shall consist of the area depicted on the map. (c) Map.--The map shall be on file and available for public inspection in the appropriate offices of-- (1) the National Park Service; and (2) the local coordinating entity. (d) Local Coordinating Entity.--The local coordinating entity for the Heritage Area shall be the Poudre Heritage Alliance, a nonprofit organization incorporated in the State. SEC. 4. ADMINISTRATION. (a) Authorities.--To carry out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this Act-- (1) to make grants to the State (including any political subdivision of the State), nonprofit organizations, and other individuals; (2) to enter into cooperative agreements with, or provide technical assistance to, the State (including any political subdivision of the State), nonprofit organizations, and other interested parties; (3) to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resource protection, and heritage programming; (4) to obtain funds or services from any source, including funds or services that are provided under any other Federal law or program; (5) to enter into contracts for goods or services; and (6) to serve as a catalyst for any other activity that-- (A) furthers the purposes and goals of the Heritage Area; and (B) is consistent with the approved management plan. (b) Duties.--The local coordinating entity shall-- (1) in accordance with section 5, prepare and submit to the Secretary a management plan for the Heritage Area; (2) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values located in the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, the natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest, are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (5) for any year for which Federal funds have been received under this Act-- (A) submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made); (B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (C) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (6) encourage by appropriate means economic viability that is consistent with the Heritage Area. (c) Prohibition on the Acquisition of Real Property.--The local coordinating entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area; (2) take into consideration State and local plans; (3) include-- (A) an inventory of the resources located in the Heritage Area; (B) comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Area; (C) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area; (D) a program of implementation for the management plan by the local coordinating entity that includes a description of-- (i) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation; (E) the identification of sources of funding for carrying out the management plan; (F) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; and (G) an interpretive plan for the Heritage Area; and (4) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area. (c) Deadline.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary approves a management plan. (d) Approval or Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Criteria for approval.--In determining whether to approve the management plan, the Secretary shall consider whether-- (A) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area. (3) Action following disapproval.--If the Secretary disapproves the management plan under paragraph (1), the Secretary shall-- (A) advise the local coordinating entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 180 days after the date of receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision. (4) Amendments.-- (A) In general.--The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines would make a substantial change to the management plan. (B) Use of funds.--The local coordinating entity shall not use Federal funds authorized to be appropriated by this Act to carry out any amendments to the management plan until the Secretary has approved the amendments. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law (including regulations). (b) Consultation and Coordination.--To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law (including any regulation) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any public or private property owner, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner-- (A) to permit public access (including access by Federal, State, or local agencies) to the property of the property owner; or (B) to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency; (4) conveys any land use or other regulatory authority to the local coordinating entity; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (7) creates any liability, or affects any liability under any other law (including regulations), of any private property owner with respect to any individual injured on the private property. SEC. 8. EVALUATION; REPORT. (a) In General.--Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area to identify the critical components for sustainability of the Heritage Area. (c) Report.-- (1) In general.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Required analysis.--If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of-- (A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to congress.--On completion of the report, the Secretary shall submit the report to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. SEC. 9. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (b) Cost-Sharing Requirement.--The Federal share of the cost of any activity carried out using any assistance made available under this Act shall be 50 percent. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act. SEC. 11. CONFORMING AMENDMENT. The Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public Law 104-323) is repealed.

Cache La Poudre River National Heritage Area Act of 2009 - Establishes the Cache La Poudre River National Heritage Area in Colorado. Designates the Poudre Heritage Alliance, a nonprofit, as the local coordinating entity for the Heritage Area. Requires the Alliance to prepare and submit a management plan for the Heritage Area.

A bill to establish the Cache La Poudre River National Heritage Area, and for other purposes.

SECTION 1. AMENDMENTS TO AFRICAN GROWTH AND OPPORTUNITY ACT. (a) Extension of Third-Country Fabric Program.--Section 112(c)(1) of the African Growth and Opportunity Act (19 U.S.C. 3721(c)(1)) is amended-- (1) in the paragraph heading, by striking ``2012'' and inserting ``2015''; (2) in subparagraph (A), by striking ``2012'' and inserting ``2015''; and (3) in subparagraph (B)(ii), by striking ``2012'' and inserting ``2015''. (b) Addition of South Sudan.--Section 107 of that Act (19 U.S.C. 3706) is amended by inserting after ``Republic of South Africa (South Africa).'' the following: ``Republic of South Sudan (South Sudan).''. (c) Conforming Amendment.--Section 102(2) of that Act (19 U.S.C. 3701(2)) is amended by striking ``48''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 2. MODIFICATIONS TO TEXTILE AND APPAREL RULES OF ORIGIN FOR THE DOMINICAN REPUBLIC-CENTRAL AMERICA-UNITED STATES FREE TRADE AGREEMENT. (a) Definitions.--In this section: (1) Agreement.--The term ``Agreement'' has the meaning given the term in section 3(1) of the Dominican Republic-Central America- United States Free Trade Agreement Implementation Act (Public Law 109-53; 19 U.S.C. 4002(1)). (2) CAFTA-DR country.--The term ``CAFTA-DR country'' has the meaning given the term in section 3(2) of the Dominican Republic- Central America-United States Free Trade Agreement Implementation Act (Public Law 109-53; 19 U.S.C. 4002(2)). (3) HTS.--The term ``HTS'' means the Harmonized Tariff Schedule of the United States. (4) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. (b) Modifications to the Textile and Apparel Rules of Origin.-- (1) Interpretation and application of rules of origin.-- Subdivision (m)(viii) of general note 29 of the HTS is amended as follows: (A) The matter following subdivision (A)(2) is amended by striking the second sentence and inserting the following: ``Any elastomeric yarn (except latex) contained in the originating yarns referred to in subdivision (A)(2) must be formed in the territory of one or more of the parties to the Agreement.''. (B) Subdivision (B) is amended-- (i) in the matter preceding subdivision (B)(1), by striking ``exclusive of collars and cuffs where applicable,'' and inserting ``exclusive of collars, cuffs and ribbed waistbands (only if the ribbed waistband is present in combination with cuffs and identical in fabric construction to the cuffs) where applicable,''; (ii) in subdivision (B)(2), by inserting ``or knit to shape components'' after ``one or more fabrics''; (iii) by amending subdivision (B)(3) to read as follows: ``(3) any combination of the fabrics referred to in subdivision (B)(1), the fabrics or knit to shape components referred to in subdivision (B)(2), or one or more fabrics or knit to shape components originating under this note.''; and (iv) in the matter following subdivision (B)(3), by striking the last sentence and inserting the following: ``Any elastomeric yarn (except latex) contained in an originating fabric or knit to shape component referred to in subdivision (B)(3) must be formed in the territory of one or more of the parties to the Agreement.''. (C) Subdivision (C) is amended-- (i) in subdivision (C)(2), by inserting ``or knit to shape components'' after ``one or more fabrics''; (ii) by amending subdivision (C)(3) to read as follows: ``(3) any combination of the fabrics referred to in subdivision (C)(1), the fabrics or knit to shape components referred to in subdivision (C)(2) or one or more fabrics or knit to shape components originating under this note.''; and (iii) in the matter following subdivision (C)(3), by striking the second sentence and inserting the following: ``Any elastomeric yarn (except latex) contained in an originating fabric or knit to shape component referred to in subdivision (C)(3) must be formed in the territory of one or more of the parties to the Agreement.''. (2) Change in tariff classification rules.--Subdivision (n) of general note 29 of the HTS is amended as follows: (A) Chapter rule 4 to chapter 61 is amended-- (i) by striking ``5401 or 5508'' and inserting ``5401, or 5508 or yarn of heading 5402 used as sewing thread,''; and (ii) by inserting ``or yarn'' after ``only if such sewing thread''. (B) The chapter rules to chapter 61 are amended by inserting after chapter rule 5 the following: ``Chapter rule 6: Notwithstanding chapter rules 1, 3, 4 or 5 to this chapter, an apparel good of chapter 61 shall be considered originating regardless of the origin of any visible lining fabric described in chapter rule 1 to this chapter, narrow elastic fabrics as described in chapter rule 3 to this chapter, sewing thread or yarn of heading 5402 used as sewing thread described in chapter rule 4 to this chapter or pocket bag fabric described in chapter rule 5 to this chapter, provided such material is listed in U.S. note 20 to subchapter XXII of chapter 98 and the good meets all other applicable requirements for preferential tariff treatment under this note.''. (C) Chapter rules 3, 4, and 5 to chapter 62 are each amended by striking ``nightwear'' each place it appears and inserting ``sleepwear''. (D) Chapter rule 4 to chapter 62 is amended-- (i) by striking ``5401 or 5508'' and inserting ``5401, or 5508 or yarn of heading 5402 used as sewing thread,''; and (ii) by inserting ``or yarn'' after ``only if such sewing thread''. (E) The chapter rules to chapter 62 are amended by inserting after chapter rule 5 the following: ``Chapter rule 6: Notwithstanding chapter rules 1, 3, 4 or 5 to this chapter, an apparel good of chapter 62 shall be considered originating regardless of the origin of any visible lining fabric described in chapter rule 1 to this chapter, narrow elastic fabrics as described in chapter rule 3 to this chapter, sewing thread or yarn of heading 5402 used as sewing thread described in chapter rule 4 to this chapter or pocket bag fabric described in chapter rule 5, provided such material is listed in U.S. note 20 to subchapter XXII of chapter 98 and the good meets all other applicable requirements for preferential tariff treatment under this note.''. (F) Tariff classification rule 33 to chapter 62 is amended to read as follows: ``33. A change to pajamas and sleepwear of subheadings 6207.21 or 6207.22, tariff items 6207.91.30 or 6207.92.40, subheadings 6208.21 or 6208.22 or tariff items 6208.91.30, 6208.92.00 or 6208.99.20 from any other chapter, provided that the good is cut or knit to shape, or both, and sewn or otherwise assembled in the territory of one or more of the parties to the Agreement.''. (G) Chapter rule 2 to chapter 63 is amended-- (i) by striking ``5401 or 5508'' and inserting ``5401, or 5508 or yarn of heading 5402 used as sewing thread,''; and (ii) by inserting ``or yarn'' after ``only if such sewing thread''. (H) The chapter rules to chapter 63 are amended by inserting after chapter rule 2 the following: ``Chapter rule 3: Notwithstanding chapter rule 2 to this chapter, a good of this chapter shall be considered originating regardless of the origin of sewing thread or yarn of heading 5402 used as sewing thread described in chapter rule 2 to this chapter, provided the thread or yarn is listed in U.S. note 20 to subchapter XXII of chapter 98 and the good meets all other applicable requirements for preferential tariff treatment under this note.''. (3) Effective date.-- (A) In general.--The amendments made by this subsection apply to goods of a CAFTA-DR country that are entered, or withdrawn from warehouse for consumption, on or after the date that the Trade Representative determines is the first date on which the equivalent amendments to the rules of origin of the Agreement have entered into force in all CAFTA-DR countries. (B) Publication of determination.--The Trade Representative shall promptly publish notice of the determination under subparagraph (A) in the Federal Register. SEC. 3. EXTENSION OF AND RENEWAL OF IMPORT RESTRICTIONS UNDER BURMESE FREEDOM AND DEMOCRACY ACT OF 2003. (a) Extension of Burmese Freedom and Democracy Act of 2003.-- Section 9(b)(3) of the Burmese Freedom and Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note) is amended by striking ``nine years'' and inserting ``twelve years''. (b) Renewal of Import Restrictions.-- (1) In general.--Congress approves the renewal of the import restrictions contained in section 3(a)(1) and section 3A (b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 2003. (2) Rule of construction.--This section shall be deemed to be a ``renewal resolution'' for purposes of section 9 of the Burmese Freedom and Democracy Act of 2003. (c) Effective Date.--This section and the amendment made by this section shall take effect on the date of the enactment of this Act or July 26, 2012, whichever occurs first. SEC. 4. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. Notwithstanding section 6655 of the Internal Revenue Code of 1986-- (1) in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year), the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2017 shall be 100.25 percent of such amount; and (2) the amount of the next required installment after an installment referred to in paragraph (1) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph. SEC. 5. EXTENSION OF CUSTOMS USER FEES. Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended-- (1) in subparagraph (A), by striking ``August 2, 2021'' and inserting ``October 22, 2021''; (2) in subparagraph (B)(i), by striking ``December 8, 2020'' and inserting ``October 29, 2021''; and (3) by striking subparagraphs (C) and (D). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 1) Amends the African Growth and Opportunity Act to extend through FY2015 the third-country fabric rule granting duty-free treatment of apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries, regardless of the country of origin of the fabric or the yarn used to make such articles. Revises the term "sub-Saharan African country" to include the Republic of South Sudan (South Sudan) under such Act. (Sec. 2) Amends the Harmonized Tariff Schedule of the United States to modify textile and apparel rules of origin for the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR). (Sec. 3) Amends the Burmese Freedom and Democracy Act of 2003 to renew, for three years, the President's authority to ban the import of Burmese products. Approves the renewal of certain import restrictions contained in the Act. Deems this resolution a renewal resolution which shall take effect upon its enactment or July 26, 2012, whichever occurs first. (Sec. 4) Amends the Internal Revenue Code to require estimated tax payments which are otherwise due in the third quarter of 2017 for corporations with assets of at least $1 billion to be 100.25% of such amount. Requires the next required installment to be appropriately reduced to reflect the amount of this increase. (Sec. 5) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend certain customs users fees for the processing of merchandise entered into the United States from August 2, 2021, to October 22, 2021, and other specified customs users fees from December 8, 2020, to October 29, 2021.

To amend the African Growth and Opportunity Act to extend the third-country fabric program and to add South Sudan to the list of countries eligible for designation under that Act, to make technical corrections to the Harmonized Tariff Schedule of the United States relating to the textile and apparel rules of origin for the Dominican Republic-Central America-United States Free Trade Agreement, to approve the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Balkan Economic Partnership Act''. SEC. 2. PURPOSE AND FINDINGS. (a) Purpose.--The purpose of this Act is to support economic opportunity and political progress in Bosnia and Herzegovina through the creation of an enterprise fund that will provide financial investment and technical assistance to small and medium-sized enterprises. (b) Findings.--Congress makes the following findings: (1) The United States has a strong interest in ensuring the gains in stability and reconciliation made since the end of the Bosnian War in 1995 are not overtaken by difficult economic conditions. (2) In 2014, protests broke out across Bosnia and Herzegovina as a result of widespread frustration among the populace regarding the economy, which is currently experiencing an unemployment rate of more than 40 percent. (3)(A) A crucial element for economic progress in Bosnia and Herzegovina is robust growth among small and medium-sized enterprises (SMEs), which have struggled to access necessary financing. (B) Although the private sector credit-to-GDP ratio in Bosnia and Herzegovina grew from 25 percent in 2001 to over 65 percent in 2008, it has failed to grow in the years since, and is significantly less than the average for advanced economies. (C) Bank lending, which grew similarly rapidly before 2008, has grown barely more than 1 percent per year since then. (D) International financial institutions and foreign-owned private investment funds active in Bosnia and Herzegovina have provided growth finance for larger companies and infrastructure project financing, but have not substantially invested in SMEs. (4)(A) Bosnia and Herzegovina's demographic, income and geographic characteristics are promising for SME growth. (B) Bosnia and Herzegovina is a market of almost 4,000,000 people, whose per capita income has grown by almost 50 percent in less than a decade, and substantial growth remains in order to achieve income parity with its Balkan neighbor economies. (C) Bosnia and Herzegovina currently imports almost $10,000,000,000 of goods per year, a substantial portion of which could be substituted for by domestic SME production. (5) To help foster and support the fledgling private sector in Central and Eastern Europe after the fall of the Berlin Wall, Congress, through enactment of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.) and the FREEDOM Support Act (22 U.S.C. 5801 et seq.), authorized nearly $1,200,000,000 for the United States Agency for International Development (USAID) to establish 10 new investment funds (collectively known as the ``Enterprise Funds'') to both support economic development objectives and realize substantial financial returns. (6) The Enterprise Funds-- (A) channeled approximately $10,000,000,000 of public and private funding into more than 500 enterprises in 19 countries; (B) leveraged $6,900,000,000 in private investment capital from outside the United States Government; (C) provided substantial development capital where supply was limited; (D) created or sustained more than 300,000 jobs through investment and development activities; (E) funded $80,000,000 in technical assistance to strengthen the private sector; and (F) are expected to recoup 177 percent of the original USAID funding. (7) Enterprise funds established in partnership with United States partners, such as Poland, Hungary, Albania, Russia, and other European countries, have proven beneficial to the economies of such countries. (8) Creating a similar fund in close partnership with the people of Bosnia and Herzegovina would help sustain and expand economic reform efforts in Bosnia and Herzegovina and empower entrepreneurs to create urgently needed employment opportunities. (9) Establishing an enterprise fund for Bosnia and Herzegovina would-- (A) help improve financial institutions within the country; (B) provide debt, equity, and other investment vehicles for commercially viable SMEs; and (C) make the investment environment more attractive to domestic and international investors. SEC. 3. PURPOSES OF BOSNIA AND HERZEGOVINA-AMERICAN ENTERPRISE FUND. (a) In General.--The purpose of the Bosnia and Herzegovina-American Enterprise Fund is to promote more widely shared prosperity through private sector development and the policies and practices conducive thereto in Bosnia and Herzegovina, including through loans, microloans, equity investments, insurance, guarantees, grants, feasibility studies, technical assistance, capacity building of investees and other relevant organizations, joint ventures, and other measures. (b) Promotion of Private Sector Development.--The Bosnia and Herzegovina-American Enterprise Fund shall promote private sector development through-- (1) the initiation and expansion of employment and profitability of private enterprises, particularly small and medium-sized enterprises; (2) the modeling, promotion, and dissemination of sound corporate governance and law-abiding Western business practices; (3) the promotion of policy reforms to improve the business enabling environment and facilitate foreign and domestic investment; and (4) the demonstration that private sector investment can be undertaken profitably. SEC. 4. BOSNIA AND HERZEGOVINA-AMERICAN ENTERPRISE FUND. (a) Designation.--The President is authorized to designate a private, nonprofit organization (to be known as the Bosnia and Herzegovina-American Enterprise Fund) to receive funds made available under this Act for the purposes specified in section 3. (b) Board of Directors.-- (1) Appointment.--The Bosnia and Herzegovina-American Enterprise Fund shall be governed by a Board of Directors, which shall be comprised of 7 private citizens of the United States appointed by the President of the United States in consultation with the Administrator of the United States Agency for International Development. The Board is authorized to elect up to 3 additional members who are citizens of Bosnia and Herzegovina if agreed to unanimously by all members of the Board. (2) Qualifications.-- (A) Business experience.--Four members of the Board of Directors shall be selected from among people who have had successful business careers and demonstrated experience and expertise in international and particularly emerging markets investment activities, such as private equity or venture capital investment, banking, finance, strategic business consulting, or entrepreneurial business creation, and backgrounds in priority business sectors of the Fund. (B) Development experience.--Three members of the Board of Directors shall be selected from among people with significant prior experience in development and an expert understanding of development priorities for Bosnia and Herzegovina. (3) United states government liaisons to the board.--The President shall appoint the United States Ambassador to Bosnia and Herzegovina, or the Ambassador's designee, as well as the Assistant Administrator of the United States Agency for International Development for Europe and Eurasia, or the Assistant Administrator's designee, as liaisons to the board. (c) Grants.-- (1) In general.--There is authorized to be appropriated for the Department of State for fiscal year 2018 $30,000,000-- (A) to carry out the purposes set forth in section 3 through the Bosnia and Herzegovina-American Enterprise Fund; and (B) to pay for the administrative expenses of the Bosnia and Herzegovina-American Enterprise Fund. (2) Compliance requirements.-- (A) In general.--Grants may not be awarded to the Bosnia and Herzegovina-American Enterprise Fund under this section unless the Fund agrees to comply with the requirements under this section. (B) Grant agreement.--The grant agreement between the United States Agency for International Development and the Bosnia and Herzegovina-American Enterprise Fund shall state that the Fund shall end its reinvestment cycle not later than December 31, 2033, unless the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, and after consultation with the appropriate congressional committees, determines that the Fund should be extended. (C) Prevention of money laundering and terrorist financing.--The grant agreement between the United States Agency for International Development and the Bosnia and Herzegovina-American Enterprise Fund shall state that the Fund shall comply with procedures specified by the Secretary of State to ensure that grant funds are not provided by the Fund to or through any individual, private or government entity, or educational institution that advocates, plans, sponsors, engages in, or has engaged in, money laundering or terrorist activity or, with respect to a private entity or educational institution, that has as a principal officer of the entity's governing board or governing board of trustees any individual that has been determined to be involved in or advocating money laundering or terrorist activity or determined to be a member of a designated foreign terrorist organization. (D) Disposition of assets.--The assets of the Bosnia and Herzegovina-American Enterprise Fund at the time the Fund is dissolved shall be returned to the General Fund of the United States Treasury and used to reduce the debt of the United States. (E) Authorization of legacy foundation.--In the event the assets of the Fund at the end of the reinvestment cycle specified in subparagraph (B) exceed the total amount appropriated or otherwise made available to the Fund by the United States Government, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, is authorized to direct any such excess funds to a foundation for activities consistent with the purposes specified in section 3. (d) Notification.-- (1) In general.--Not later than 15 days before designating an organization to operate as the Bosnia and Herzegovina- American Enterprise Fund pursuant to subsection (a), the President shall provide the information described in paragraph (2) to the Chairman and Ranking Member of the appropriate congressional committees. (2) Information.--The information described in this paragraph is-- (A) the identity of the organization to be designated to operate as the Bosnia and Herzegovina- American Enterprise Fund pursuant to subsection (a); (B) the name and qualifications of the individual who will serve as Chairman of the Board of Directors; and (C) the amount of the grant intended to fund the Bosnia and Herzegovina-American Enterprise Fund over the lifetime of the fund. SEC. 5. REPORTS. (a) Administrative Expenses.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter until the Fund is dissolved, the Fund shall submit to the appropriate congressional committees a report detailing the administrative expenses of the Fund, including any costs incurred by private firms hired to aid in the management of the fund. (b) GAO Report.-- (1) Initial report.--Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that examines-- (A) the status of the Fund's investments; (B) the Fund's progress in establishing key management structures to support its mission and operations; and (C) the extent to which the Fund has complied with requirements in the grant agreements. (2) Updates.--The Comptroller General shall, for the duration of the Fund and at the request of the appropriate congressional committees, provide an updated report on the Fund and any successor organization. (c) Independent Reports.--Not later than July 1, 2022, and July 1, 2030, the Administrator of the United States Agency for International Development shall commission a report, to be completed by an independent, third-party organization, evaluating the performance of the Bosnia and Herzegovina-American Enterprise Fund with respect to the purposes set forth in section 3. The report shall be made available to the appropriate congressional committees. (d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. SEC. 6. OPERATION PROVISIONS. (a) Applicable Provisions.--Subsections (d)(5), (g), (h), (i), (k), (l), (m), (n), (o), and (p) of section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) shall apply with respect to the Bosnia and Herzegovina-American Enterprise Fund in the same manner as such provisions apply to Enterprise Funds designated pursuant to subsection (d) of such section. (b) Reinvestment.--Returns on investments of the Bosnia and Herzegovina-American Enterprise Fund and other payments to the Fund may be reinvested by the Fund and used to fund noninvestment projects without further appropriation by Congress. SEC. 7. BEST PRACTICES AND PROCEDURES. To the maximum extent practicable, the Board of Directors of the Bosnia and Herzegovina-American Enterprise Fund should adopt the best practices and procedures used by Enterprise Funds, including those for which funding has been made available pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421).

Balkan Economic Partnership Act This bill authorizes the President to designate a private, nonprofit organization to be known as the Bosnia and Herzegovina-American Enterprise Fund to promote private sector development through: the initiation and expansion of employment and profitability of private enterprises; the modeling, promotion, and dissemination of sound corporate governance and law-abiding Western business practices; the promotion of policy reforms to improve the business enabling environment and facilitate foreign and domestic investment; and the demonstration that private sector investment can be undertaken profitably. The Board of Directors of the fund should adopt the best practices and procedures used by investment funds authorized for the U.S. Agency for International Development through enactment of the Support for East European Democracy (SEED) Act of 1989 and the FREEDOM Support Act.

Balkan Economic Partnership Act

SECTION 1. MODIFICATION OF QUALIFIED ORDER REQUIREMENTS FOR APPROVED TRANSACTIONS. (a) In General.--Subparagraph (A) of section 5891(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i) and by adding at the end the following new clause: ``(iii) satisfies the requirements of paragraph (5), and''. (b) Transaction Requirements.--Subsection (b) of section 5891 of such Code is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Transaction requirements.-- ``(A) In general.--A transfer of structured settlement payment rights shall be treated as satisfying the requirements of this paragraph only if the transfer meets the following requirements: ``(i) The annual discount rate of the consideration for the transfer, determined by taking into account charges, fees, and other expenses, does not exceed the prime rate plus 5 percentage points. ``(ii) The aggregate amount of charges, fees, and other expenses payable by the payee do not exceed 2 percent of the value of the consideration to the payee (net of such charges, fees, and other expenses). ``(iii) The payee is not liable for any penalty, and will not forfeit any amounts already paid or incurred, if the transfer does not satisfy the requirements of this paragraph. ``(iv) The transferee has given written notice of the transferee's name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of such notice with the State court or responsible administrative authority issuing the qualified order. ``(v) The transfer is fair and reasonable. ``(vi) Not later than 5 days, and not earlier than 15 days, before the date on which the payee first incurs any obligations with respect to the transfer, the transferee provides to the payee a disclosure statement which sets forth in a clear and conspicuous manner the following: ``(I) The remaining amounts payable and payment dates under the structured settlement. ``(II) The aggregate of such amounts. ``(III) The discounted present value of the structured settlement payment rights determined by using a discount rate equal to the applicable Federal rate, compounded annually. ``(IV) A statement of the total consideration made in exchange for the structured settlement payment rights. ``(V) An itemized list of all charges, fees, and other expenses payable by the payee, or deductible from the gross amount otherwise payable to the payee, with respect to the transfer. ``(VI) The value of consideration to the payee net of the charges, fees, and other expenses described in subclause (V). ``(VII) The quotient (expressed as a percentage) of the amount of net consideration described in subclause (VI) divided by the discounted present value of the structured settlement payment rights determined under subclause (III). ``(VIII) The annual discount rate of the consideration for the transfer determined by taking into account charges, fees, and other expenses. ``(IX) The amount of any penalties (including any liquidated damages) payable by the payee in the case of any breach of the transfer agreement by the payee. ``(B) Prime rate.--For purposes of this paragraph, the term `prime rate' means the bank prime rate for the first day of the month in which the transfer agreement is executed, as published in the Federal Reserve Statistical Release on selected interest rates (daily or weekly), and commonly referred to as the H.15 release (or any successor publication).''. (c) Effective Date.--The amendments made by this section shall apply to structured settlement factoring transactions (as defined in section 5891 of such Code) entered into later than 180 days after the date of the enactment of this Act.

Amends the Internal Revenue Code, with respect to the tax exemption for structured settlement factoring transactions (i.e., transfers of the right to receive periodic payments under a settlement of a legal claim for damages in exchange for a lump sum payment) to require that court orders approving such transfers include additional requirements, including that: (1) the annual discount rate of the consideration for a transfer does not exceed the prime interest rate plus 5%; (2) the aggregate amount of charges, fees, and other expenses payable by the payee of the lump sum payment do not exceed 2% of the value of the consideration to the payee; (3) the payee is not liable for any penalty or forfeiture if the transfer does not satisfy the additional requirements imposed by this Act; (4) the transferee (the entity receiving the right to the periodic payments) has given written notice of its name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of such notice with the state court or other authority issuing the order approving the transfer; (5) the transfer is fair and reasonable; and (6) the transferee makes certain disclosures to the payee.

To amend the Internal Revenue Code of 1986 to strengthen the rules for approved structured settlement factoring transactions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``March of Dimes Commemorative Coin Act of 2012''. SEC. 2. FINDINGS. The Congress finds the following: (1) President Franklin Roosevelt's personal struggle with polio led him to create the National Foundation for Infantile Paralysis (now known as the March of Dimes) on January 3, 1938, at a time when polio was on the rise. (2) The Foundation established patient aid programs and funded research for polio vaccines developed by Jonas Salk, MD, and Albert Sabin, MD. (3) Tested in a massive field trial in 1954 that involved 1.8 million schoolchildren known as ``polio pioneers'', the Salk vaccine was licensed for use on April 12, 1955 as ``safe, effective, and potent''. The Salk and Sabin polio vaccines funded by the March of Dimes ended the polio epidemic in the United States. (4) With its original mission accomplished, the Foundation turned its focus to preventing birth defects, prematurity, and infant mortality in 1958. The Foundation began to fund research into the genetic, prenatal, and environmental causes of over 3,000 birth defects. (5) The Foundation's investment in research has led to 13 scientists winning the Nobel Prize since 1954, including Dr. James Watson's discovery of the double helix. (6) Virginia Apgar, MD, creator of the Apgar Score, helped develop the Foundation's mission for birth defects prevention; joining the Foundation as the head of its new birth defects division in 1959. (7) In the 1960s, the Foundation created over 100 birth defects treatment centers, and then turned its attention to assisting in the development of Neonatal Intensive Care Units, or NICUs. (8) With March of Dimes support, a Committee on Perinatal Health released Toward Improving the Outcome of Pregnancy in 1976, which included recommendations that led to the regionalization of perinatal health care in the United States. (9) Since 1998, the March of Dimes has advocated for and witnessed the passage of the Birth Defects Prevention Act, Children's Health Act, PREEMIE Act, and Newborn Screening Save Lives Act. (10) In 2003, the March of Dimes launched a Prematurity Campaign to increase awareness about and reduce the incidence of preterm birth, infant mortality, birth defects, and lifelong disabilities and disorders. (11) The March of Dimes actively promotes programs for and funds research into newborn screening, pulmonary surfactant therapy, maternal nutrition, smoking cessation, folic acid consumption to prevent neural tube defects, increased access to maternity care, and similar programs to improve maternal and infant health. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In recognition and celebration of the founding and proud service of the March of Dimes, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the mission and programs of the March of Dimes, and its distinguished record of generating Americans' support to protect our children's health. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2015''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- (1) contain motifs that represent the past, present, and future of the March of Dimes and its role as champion for all babies, such designs to be consistent with the traditions and heritage of the March of Dimes; (2) be selected by the Secretary, after consultation with the March of Dimes and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coin Advisory Committee. SEC. 5. ISSUANCE. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--For the coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary of the Treasury may issue coins minted under this Act only during the 1-year period beginning on January 1, 2015. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children. (c) Audits.--The March of Dimes shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. SEC. 9. BUDGET COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

March of Dimes Commemorative Coin Act of 2012 - Directs the Secretary of the Treasury to mint and issue up to 500,000 $1 silver coins emblematic of the mission and programs of the March of Dimes. Requires the design of the coins to be emblematic of the mission and programs of the March of Dimes and its record of generating Americans' support to protect our children's health. Permits issuance of such coins only during the one-year period beginning on January 1, 2015. Requires all surcharges received by the Secretary from the sale of such coins to be promptly paid to the March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children. Subjects the March of Dimes to federal audit requirements. Instructs the Secretary to take necessary action to ensure that: (1) minting and issuing coins under this Act will not result in any net cost to the federal government; and (2) no funds, including applicable surcharges, shall be disbursed to March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children until the total cost of designing and issuing the coins authorized by this Act is recovered by the Treasury.

To require the Secretary of the Treasury to mint coins in recognition and celebration of the 75th anniversary of the establishment of the March of Dimes Foundation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Gun Trafficking Act of 1995''. SEC. 2. MULTIPLE HANDGUN TRANSFER PROHIBITION. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(y)(1)(A)(i) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer-- ``(I) during any 30-day period, to transfer 2 or more handguns to an individual who is not licensed under section 923; or ``(II) to transfer a handgun to an individual who is not licensed under section 923 and who received a handgun during the 30-day period ending on the date of the transfer. ``(ii) It shall be unlawful for any individual who is not licensed under section 923 to receive 2 or more handguns during any 30-day period. ``(iii) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to transfer a handgun to an individual who is not licensed under section 923, unless, after the most recent proposal of the transfer by the individual, the transferor has-- ``(I) received from the individual a statement of the individual containing the information described in paragraph (3); ``(II) verified the identification of the individual by examining the identification document presented; and ``(III) within 1 day after the individual furnishes the statement, provided a copy of the statement to the chief law enforcement officer of the place of residence of the individual. ``(B) Subparagraph (A) shall not apply to the transfer of a handgun to, or the receipt of a handgun by, an individual who has presented to the transferor a written statement, issued by the chief law enforcement officer of the place of residence of the individual during the 10-day period ending on the date of the transfer or receipt, which states that the individual requires access to a handgun because of a threat to the life of the individual or of any member of the household of the individual. ``(2) Paragraph (1) shall not be interpreted to require any action by a chief law enforcement officer which is not otherwise required. ``(3) The statement referred to in paragraph (1)(A)(iii)(I) shall contain only-- ``(A) the name, address, and date of birth appearing on a valid identification document (as defined in section 1028(d)(1)) of the individual containing a photograph of the individual and a description of the identification used; ``(B) a statement that the individual-- ``(i) is not under indictment for, and has not been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; ``(ii) is not a fugitive from justice; ``(iii) is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act); ``(iv) has not been adjudicated as a mental defective or been committed to a mental institution; ``(v) is not an alien who is illegally or unlawfully in the United States; ``(vi) has not been discharged from the Armed Forces under dishonorable conditions; ``(vii) is not a person who, having been a citizen of the United States, has renounced such citizenship; ``(viii) has not received a handgun during the 30- day period ending on the date of the statement; and ``(ix) is not subject to a court order that-- ``(I) restrains the individual from harassing, stalking, or threatening an intimate partner of the individual or child of such intimate partner or of the individual, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; ``(II) was issued after a hearing of which the individual received actual notice, and at which the individual had the opportunity to participate; and ``(III)(aa) includes a finding that the individual represents a credible threat to the physical safety of such intimate partner or child; or ``(bb) 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; ``(C) the date the statement is made; and ``(D) notice that the individual intends to obtain a handgun from the transferor. ``(4) Any transferor of a handgun who, after the transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall immediately communicate all information the transferor has about the transfer and the transferee to-- ``(A) the chief law enforcement officer of the place of business of the transferor; and ``(B) the chief law enforcement officer of the place of residence of the transferee. ``(5) Any transferor who receives information, not otherwise available to the public, with respect to an individual in a report under this subsection shall not disclose such information except to the individual, to law enforcement authorities, or pursuant to the direction of a court of law. ``(6) In the case of a handgun transfer to which paragraph (1)(A) applies-- ``(A) the transferor shall retain-- ``(i) the copy of the statement of the transferee with respect to the transfer; and ``(ii) evidence that the transferor has complied with paragraph (1)(A)(iii)(III) with respect to the statement; and ``(B) the chief law enforcement officer to whom a copy of a statement is sent pursuant to paragraph (1)(A)(iii)(III) shall retain the copy for at least 30 calendar days after the date the statement was made. ``(7) For purposes of this subsection, the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer, or the designee of any such individual. ``(8) This subsection shall not apply to the sale of a firearm in the circumstances described in subsection (c). ``(9) The Secretary shall take necessary actions to assure that the provisions of this subsection are published and disseminated to dealers and to the public.''. (b) Penalty.--Section 924(a) of such title is amended by redesignating the 2nd paragraph (5) as paragraph (6) and by adding at the end the following: ``(7) Whoever knowingly violates section 922(y) shall be fined not more than $5,000, imprisoned for not more than 1 year, or both.''. (c) Effective Date.--The amendments made by this Act shall apply to conduct engaged in 90 or more days after the date of the enactment of this Act.

Anti-Gun Trafficking Act of 1995 - Amends the Federal criminal code to prohibit any licensed firearms importer, manufacturer, or dealer from transferring: (1) two or more handguns to an unlicensed individual during any 30-day period; or (2) a handgun to an unlicensed individual who received a handgun during the 30-day period ending on the date of the transfer. Bars any unlicensed individual from receiving two or more handguns during any 30-day period. Prohibits any licensed importer, manufacturer, or dealer from transferring a handgun to an unlicensed individual unless the seller has: (1) received from the individual a statement containing specified information, including the individual's name, address, and date of birth appearing on a valid identification document containing a photograph and a statement that the individual is not a fugitive; (2) verified the individual's identification by examining the identification document; and (3) within one day after the individual furnishes the statement, provided a copy of the statement to the chief law enforcement officer of the individual's place of residence. Makes such provisions inapplicable to the transfer of a handgun to, or the receipt of a handgun by, an individual who has presented to the seller a written statement, issued by the chief law enforcement officer during the ten-day period ending on the date of the transfer or receipt, that the individual requires access to a handgun because of a threat to the life of such individual or of any member of such individual's household. Requires any seller of a handgun who, after the transfer, receives a report from a chief law enforcement officer that receipt or possession of the handgun by the transferee violates Federal, State, or local law to immediately communicate all information the seller has about the transfer and the buyer to the chief law enforcement officers of the place of business of the seller and of the place of residence of the buyer. Sets forth provisions regarding: (1) confidentiality of information; (2) recordkeeping; and (3) penalties for violation of this Act.

Anti-Gun Trafficking Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``PTC Elimination Act''. SEC. 2. PHASEOUT AND REPEAL OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. (a) Reduction of Credit and Phaseout Amounts.-- (1) In general.--Section 45(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (2). (2) Conforming amendments.--Section 45(e)(2) of such Code is amended-- (A) by striking ``the inflation adjustment factor and'' in subparagraph (A), and (B) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (3) Effective date.--The amendments made by this subsection shall apply to electricity, and refined coal, produced and sold after December 31, 2015. (b) Special Rule for Determining Beginning of Construction.-- (1) In general.--Section 45(e) of such Code is amended by adding at the end the following new paragraph: ``(12) Special rule for determining beginning of construction.--For purposes of subsection (d) and section 48(a)(5), the construction of any facility, modification, improvement, addition, or other property shall not be treated as beginning before any date unless there is a continuous program of construction which begins, and makes significant progress, before such date and ends on the date that such property is placed in service.''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning before, on, or after the date of the enactment of this Act. (c) Repeal of Credit.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking section 45 (and by striking the item relating to such section in the table of sections for such subpart). (2) Conforming amendments.-- (A) Section 38(b) of such Code is amended by striking paragraph (8). (B) Section 45J of such Code is amended by adding at the end the following new subsection: ``(f) References to Section 45.--Any reference in this section to any provision of section 45 shall be treated as a reference to such provision as in effect immediately before its repeal.''. (C) Section 45K(g)(2) of such Code is amended by striking subparagraph (E). (D) Section 48 of such Code is amended by adding at the end the following new subsection: ``(e) References to Section 45.--Any reference in this section to any provision of section 45 shall be treated as a reference to such provision as in effect immediately before its repeal.''. (E) Section 54(d)(2)(A) of such Code is amended by inserting ``(as in effect immediately before its repeal)'' after ``section 45(d)''. (F) Section 54C(d)(1) of such Code is amended by inserting ``(as in effect immediately before its repeal)'' after ``section 45(d)''. (G) Section 54D(f)(1)(A)(iv) of such Code is amended by inserting ``(as in effect immediately before its repeal)'' after ``section 45(d)''. (H) Section 55(c)(1) of such Code is amended by striking ``45(e)(11)(C),''. (3) Effective date.--The amendments made by this subsection shall apply to electricity, and refined coal, produced and sold after December 31, 2025. (d) Sense of Congress Regarding Further Extension.--It is the sense of the Congress that the credit under section 45 of the Internal Revenue Code of 1986 should be allowed to expire and should not be extended beyond the expiration dates specified in such section as of the date of the enactment of this Act. SEC. 3. REDUCTION OF CORPORATE INCOME TAX. (a) In General.--Section 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Reduction.-- ``(1) In general.--In the case of any taxable year beginning more than 1 year after the date of the enactment of this subsection, the amount of tax otherwise imposed under this section with respect to any taxpayer for such taxable year shall be reduced by the applicable percentage of such amount. ``(2) Applicable percentage.--For purposes of this subsection-- ``(A) In general.--The term `applicable percentage' means the percentage which the Secretary estimates will result in-- ``(i) a decrease in revenues to the Treasury for the fiscal year which includes the date of the enactment of this subsection and the 10 subsequent fiscal years, which is equal to ``(ii) the increase in such revenues for such taxable years by reason of the amendments made by section 2 of the PTC Elimination Act. ``(B) Single percentage.--The percentage under subparagraph (A) shall be determined by the Secretary not later than the date which is 1 year after the date of the enactment of this subsection and shall apply for all taxable years to which paragraph (1) applies.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act.

PTC Elimination Act This bill amends the Internal Revenue Code to phase out and eventually eliminate the tax credit for production of electricity from renewable resources. The bill repeals the inflation adjustment for current recipients of the tax credit and modifies the "beginning of construction" requirement to require that construction of an eligible project is continuous and makes significant progress. The credit is repealed in its entirety after December 31, 2025. The bill expresses the sense of Congress that the credit should be allowed to expire and should not be extended beyond its expiration date. The bill also reduces the corporate income tax by an applicable percentage based on increases in revenues resulting from this bill.

PTC Elimination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tire-Derived Fuel Safety Act of 2005''. SEC. 2. COMBUSTION OF TIRE-DERIVED FUEL. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Eligible mill.--The term ``eligible mill'' means any pulp or paper mill (SIC code 2611 or 2621) that burns or proposes to burn tire-derived fuel. (3) Emission.--The term ``emission'' means an emission into the air of-- (A) a criteria pollutant, including a fine particulate; or (B) a hazardous air pollutant. (4) Tire-derived fuel.--The term ``tire-derived fuel'' means fuel derived from whole or shredded tires, including in combination with another fuel. (b) Requirements for Approval.-- (1) In general.--Except as provided in paragraph (2), notwithstanding any other provision of law, the Administrator shall not issue a permit under the Clean Air Act (42 U.S.C. 7401 et seq.), and shall object to the issuance of a permit under section 505(b) of that Act (42 U.S.C. 7661d(b)), authorizing the burning of tire-derived fuel at an eligible mill that is a major stationary source (as defined in section 111(a) of that Act (42 U.S.C. 7411(a))) unless-- (A) the Administrator has listed the source as part of a source category for which a performance standard has been established under subsection (c); and (B) the source demonstrates to the satisfaction of the Administrator that the source-- (i) will install any control equipment required or make the necessary process changes before the date on which the source begins operation; and (ii) will operate at or below the required emissions performance standards as demonstrated by data from a continuous emissions monitoring device. (2) Interim permits.--Notwithstanding paragraph (1), the Administrator may approve an interim permit (including a trial permit) to burn tire-derived fuel at a new eligible mill, or an eligible mill in existence on the date of enactment of this Act, that is a major stationary source (as defined in section 111(a) of the Clean Air Act (42 U.S.C. 7411(a))) that demonstrates to the satisfaction of the Administrator that the source-- (A) will install-- (i) an electrostatic precipitator; (ii) a Kevlar baghouse; or (iii) any other technology that achieves a reduction in emissions that is equivalent to the reduction achieved using an electrostatic precipitator or a Kevlar baghouse; and (B) will operate at or below the required emissions performance standards as demonstrated by data from a continuous emissions monitoring device. (c) Standards for Certain Pulp and Paper Mills.-- (1) Establishment.-- (A) In general.--Not later than 18 months after the date of enactment of this Act, the Administrator shall establish performance standards for fine particulates for-- (i) new eligible mills; and (ii) eligible mills in existence on the date on which the standards are proposed. (B) Requirements.--In establishing standards under subparagraph (A), the Administrator shall-- (i) ensure that the standards would result in reductions in emission levels that are at least equal to reductions achieved through the use of an electrostatic precipitator or Kevlar baghouse; and (ii) require pulp and paper mills that are in operation as of the date on which the standards are proposed, but that are not in compliance with those standards, to come into compliance with the standards by not later than 18 months after the effective date of the standards. (2) Study and report on general health effects.--Not later than 1 year after the date of enactment of this Act, the Administrator shall conduct a study, and submit to Congress a report, on the impact on human health of increased emissions, especially fine particulates, from the use of tire-derived fuel. (3) Report on health effects on certain children.--As soon as practicable after the date of enactment of this Act, the Administrator, in coordination with the Secretary of Health and Human Services, shall submit to Congress a report that describes the rates of birth defects and childhood diseases (particularly respiratory and immune system diseases) of children that live or attend school within a 20-mile radius of any pulp and paper mill that burns tire-derived fuel.

Tire-Derived Fuel Safety Act of 2005 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from issuing a permit under the Clean Air Act authorizing the burning of tire-dervied fuel at any pulp or paper mill unless such mill meets specified performance standards promulgated by the Administrator or has agreed to install control equipment and operate at or below required emission performance standards. Allows the Administrator to issue interim permits under certain conditions. Requires the Administrator to: (1) establish performance standards for fine particulates for new and existing mills; and (2) conduct studies of the health effects of increased emissions from the use of tire-derived fuel and report to Congress on such studies.

A bill to require the Administrator of the Environmental Protection Agency to establish performance standards for fine particulates for certain pulp and paper mills, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Earned Income Tax Credit Improvement and Simplification Act 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Certain improvements in the earned income tax credit made permanent. Sec. 3. Strengthening the earned income tax credit for individuals with no qualifying children. Sec. 4. Taxpayer eligible for credit for individuals with no qualifying children if qualifying children do not have valid Social Security numbers. Sec. 5. Credit allowed in case of certain separated spouses. Sec. 6. Taxpayer eligible for credit without qualifying child if qualifying child claimed by another member of family. Sec. 7. Elimination of disqualified investment income test. SEC. 2. CERTAIN IMPROVEMENTS IN THE EARNED INCOME TAX CREDIT MADE PERMANENT. (a) Increase in Credit Percentage for Three or More Qualifying Children Made Permanent.--Section 32(b)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Percentages.--The credit percentage and the phaseout percentage shall be determined in accordance with the following table: ------------------------------------------------------------------------ ``In the case of an eligible The credit The phaseout individual with: percentage is: percentage is: ------------------------------------------------------------------------ 1 qualifying child................... 34 15.98 2 qualifying children................ 40 21.06 3 or more qualifying children........ 45 21.06 No qualifying children............... 7.65 7.65''. ------------------------------------------------------------------------ (b) Reduction of Marriage Penalty Made Permanent.-- (1) In general.--Section 32(b)(2)(B) of such Code is amended to read as follows: ``(B) Joint returns.-- ``(i) In general.--In the case of a joint return filed by an eligible individual and such individual's spouse, the phaseout amount determined under subparagraph (A) shall be increased by $5,000. ``(ii) Inflation adjustment.--In the case of any taxable year beginning after 2014, the $5,000 amount in clause (i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost of living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. ``(iii) Rounding.--Subparagraph (A) of subsection (j)(2) shall apply after taking into account any increase under clause (ii).''. (c) Conforming Amendment.--Section 32(b) of such Code is amended by striking paragraph (3). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. STRENGTHENING THE EARNED INCOME TAX CREDIT FOR INDIVIDUALS WITH NO QUALIFYING CHILDREN. (a) Credit for Certain Individuals Over Age 21.-- (1) In general.--Section 32(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Special rule for working individuals over age 20 and without qualifying child.-- ``(i) In general.--In the case of an individual (or, if the individual is married, either the individual or the individual's spouse) who-- ``(I) has attained the age of 21 but not attained age 25 before the close of the taxable year, and ``(II) is not a full-time student at any time during the taxable year, paragraph (1)(A)(ii)(II) shall not apply for purposes of determining whether such individual is an eligible individual. ``(ii) Student.--For purposes of this subparagraph, an individual shall be considered a full-time student if such individual is carrying more than \1/2\ the normal full-time work load for the course of study the individual is pursuing.''. (2) Information return matching.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall develop and implement procedures for checking an individual's claim for a credit under section 32 of the Internal Revenue Code of 1986, by reason of subsection (c)(1)(G) thereof, against any information return made with respect to such individual under section 6050S (relating to returns relating to higher education tuition and related expenses). (b) Increased Credit.-- (1) Credit percentage and phaseout percentage.--The table contained in section 32(b)(1)(A) of such Code, as amended by this Act, is amended by striking ``7.65'' each place it appears and inserting ``15.3''. (2) Earned income amount and phaseout amount.-- (A) In general.--The table contained in section 32(b)(2)(A) of such Code is amended-- (i) by striking ``$4,220'' and inserting ``$8,820'', and (ii) by striking ``$5,280'' and inserting ``$10,425''. (B) Inflation adjustments.--Section 32(j)(1)(B) of such Code is amended-- (i) by inserting ``except as provided in clause (iii)'' in clause (i) before ``in the case of amounts'', (ii) by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) in the case of the $8,820 and $10,425 amounts in subsection (b)(2)(A), by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) of such section 1.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. TAXPAYER ELIGIBLE FOR CREDIT FOR INDIVIDUALS WITH NO QUALIFYING CHILDREN IF QUALIFYING CHILDREN DO NOT HAVE VALID SOCIAL SECURITY NUMBERS. (a) In General.--Section 32(c)(1)(F) of the Internal Revenue Code of 1986 is amended to read as follows: ``(F) Individuals who do not include tin, etc., of any qualifying child.--In the case of any eligible individual who has one or more qualifying children, if-- ``(i) no qualifying child of such individual is taken into account under subsection (b) by reason of paragraph (3)(D), and ``(ii) no child of such individual is taken into account for purposes of any other child tax benefit under this chapter, for purposes of the credit allowed under this section, such individual may be considered an eligible individual without a qualifying child.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 5. CREDIT ALLOWED IN CASE OF CERTAIN SEPARATED SPOUSES. (a) In General.--Section 32(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Married Individuals.--In the case of'' and inserting the following: ``Married Individuals.-- ``(1) In general.--In the case of'', and (2) by adding at the end the following new paragraph: ``(2) Special rule for separated spouse.--An individual shall not be treated as married for purposes of this section if such individual-- ``(A) is married (within the meaning of section 7703(a)) and files a separate return for the taxable year, ``(B) lives with a qualifying child of the individual for more than one-half of such taxable year, and ``(C)(i) during the last 6 months such taxable year, does not have the same principal place of abode as the individual's spouse, or ``(ii) has a legally binding separation agreement with the individual's spouse and is not a member of the same household with the individual's spouse by the end of the taxable year.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 6. TAXPAYER ELIGIBLE FOR CREDIT WITHOUT QUALIFYING CHILD IF QUALIFYING CHILD CLAIMED BY ANOTHER MEMBER OF FAMILY. (a) In General.--Section 32(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Taxpayer eligible for credit without qualifying child if qualifying child claimed by another member of family.-- ``(i) In general.--If-- ``(I) an individual is claimed as a qualifying child by an eligible individual for any taxable year of such eligible individual beginning in a calendar year, and ``(II) such individual is the qualifying child of another eligible individual for any taxable year beginning in such calendar year, such other eligible individual may be treated as an eligible individual without a qualifying child for purposes of this section for such taxable year. ``(ii) Exception for qualifying child claimed by parent.--If an individual is claimed as a qualifying child for any taxable year by a parent of such child, clause (i) shall not apply with respect to any other custodial parent of such child.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. ELIMINATION OF DISQUALIFIED INVESTMENT INCOME TEST. (a) In General.--Section 32 of the Internal Revenue Code of 1986 is amended by striking subsection (i). (b) Conforming Amendments.-- (1) Section 32(j)(1)(B)(i) of such Code is amended by striking ``subsections (b)(2)(A) and (i)(1)'' and inserting ``subsection (b)(2)(A)''. (2) Section 32(j)(2) of such Code is amended-- (A) by striking paragraph (2), and (B) by striking ``Rounding.--'' and all that follows through ``If any dollar amount'' and inserting the following: ``Rounding.--If any dollar amount''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Earned Income Tax Credit Improvement and Simplification Act 2015 Amends the Internal Revenue Code, with respect to the earned income tax credit, to: (1) make permanent the increase in the rate of such credit for taxpayers with three or more qualifying children and the reduction in the amount of the marriage penalty for such credit; (2) allow such credit for an individual with no qualifying children who has attained the age of 21 but not 25 and is not a full-time student, and whose qualifying children do not have valid social security numbers; (3) revise eligibility rules relating to married individuals living apart and qualifying children claimed by another family member; and (4) repeal the denial of such credit for taxpayers with excess investment income.

Earned Income Tax Credit Improvement and Simplification Act 2015

SECTION 1. SHORT TITLE: TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Port Authority of New York/New Jersey Port Security Task Force Implementation Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Secure systems of international intermodal transportation. Sec. 3. Regional recovery plans. Sec. 4. National tactical plans. Sec. 5. Risk based resource allocation. Sec. 6. Use of maritime security risk assessment model. Sec. 7. Maritime and cargo security integrated project teams. Sec. 8. Integration of security plans and systems with local port authority and law enforcement agencies. Sec. 9. Standardized policy for advanced notice of Coast Guard boarding for security or port state control inspections. Sec. 10. Fraudulent or tampered with transportation worker identification cards. Sec. 11. Federal licensing of ship agents. Sec. 12. Establishment of a security individual. Sec. 13. Certification of maritime security guards. Sec. 14. Grants to tier 1 and tier 2 ports require regional strategic risk management assessment. Sec. 15. Vessel security plans for supply and similar vessels. SEC. 2. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL TRANSPORTATION. Section 70116 of title 46, United States Code, is amended-- (1) by striking ``transportation.'' in subsection (a) and inserting ``transportation-- ``(1) to ensure the security and integrity of shipments of goods to the United States from the point at which such goods are initially packed or loaded into a cargo container for international shipment until they reach their ultimate destination; and ``(2) to facilitate the movement of such goods through the entire supply chain through an expedited security and clearance program.''; and (2) by striking subsection (b) and inserting the following: ``(b) Program Elements.--Within one year after the date of enactment of the Port Authority of New York/New Jersey Port Security Task Force Implementation Act of 2008, the Secretary, acting through the Commissioner of Customs and Border Protection, shall-- ``(1) establish minimum standards and procedures for verifying, at the point at which goods are placed in a cargo container for shipping, that the container is free of unauthorized contents, including hazardous chemical, biological, radiological, or nuclear material and for securely sealing such containers after the contents are so verified; ``(2) establish standards and procedures for securing cargo and monitoring that security while in transit; ``(3) develop performance standards to enhance the physical security of shipping containers, including performance standards for seals and locks and protocols and procedures to address anomalies; ``(4) establish standards and procedures for screening and evaluating cargo prior to loading in a foreign port for shipment to the United States either directly or via a foreign port; ``(5) establish standards and procedures that will enable the United States Government to ensure and validate compliance with those standards and procedures; and ``(6) incorporate any other measures the Secretary considers necessary to ensure the security and integrity of international intermodal transport movements. ``(c) Requirements for Entry of Containers.--Beginning 1 year after the date on which the Secretary determines that the standards and procedures under subsection (b)(5) have been established and are in effect, the Commissioner of Customs and Border Protection shall refuse entry into the customs territory of the United States to any container, arriving directly or via a foreign port, unless the entity shipping the container has complied with those standards and procedures with respect to that container.''. SEC. 3. REGIONAL RECOVERY PLANS. (a) Establishment.--Section 70103(b)(2) of title 46, United States Code, is amended-- (1) by redesignating subparagraphs (E) through (G) as subparagraphs (F) through (H), respectively; and (2) by inserting after subparagraph (D) the following: ``(E) establish regional response and recovery protocols to prepare for, respond to, mitigate against, and recover from a transportation security incident consistent with section 202 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 942) and section 70103(a) of title 46, United States Code;''. (b) Coordination of Plans.--Section 70103(b)(1) of title 46, United States Code, is amended-- (1) by striking ``and'' after the semicolon in subparagraph (F); (2) by redesignating subparagraph (G) as subparagraph (H); and (3) by inserting after subparagraph (F) the following: ``(G) be consistent with, and support implementation of, the National Incident Management System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, the National Transportation Security Plan, National Tactical Plans, and other similar initiatives; and''. (c) Use of Area Maritime Transportation Security Plans in Exercises.--Section 114(b)(1) of the SAFE Port Act (6 U.S.C. 912(b)) is amended-- (1) by striking ``and'' after the semicolon in paragraph (1); (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) utilizes the Area Maritime Transportation Security Plans established under section 70103(b) of title 46, United States Code, in conducting such exercises; and''. SEC. 4. NATIONAL TACTICAL PLANS. The Secretary of the department in which the Coast Guard is operating shall ensure that the National Tactical Plan is shared with the Area Maritime Security Committees established under section 70112 of title 46, United States Code. The Area Maritime Security Committees shall use the plan in developing regional and local plans and for exercises. SEC. 5. RISK BASED RESOURCE ALLOCATION. (a) National Standard.--Within 1 year after the date of enactment of this Act, in carrying out chapter 701 of title 46, United States Code, the Homeland Security Act of 2002, and the Security and Accountability for Every Port Act of 2006 the Secretary of the department in which the Coast Guard is operating shall develop and utilize a national standard and formula for prioritizing and addressing assessed security risks at United States ports, such as the Maritime Assessment Strategy Tool that has been tested by the Department of Homeland Security. (b) Use by Maritime Security Committees.--Within 2 years after the date of enactment of this Act, the Secretary shall require each Area Maritime Security Committee to use this standard to regularly evaluate each port's assessed risk and prioritize how to mitigate the most significant risks. (c) Other Uses of Standard.--The Secretary shall utilize the standard when considering departmental resource allocations and grant- making decisions. SEC. 6. USE OF MARITIME SECURITY RISK ASSESSMENT MODEL. Within 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall make the United States Coast Guard's Maritime Security Risk Assessment Model tool available, in an unclassified version, on a limited basis to regulated vessels and facilities to conduct true risk assessments of their own facilities and vessels using the same criteria employed by the United States Coast Guard when evaluating a port area. SEC. 7. MARITIME AND CARGO SECURITY INTEGRATED PROJECT TEAMS. The Secretary of Homeland Security shall-- (1) establish integrated project teams within the science and technology directorate to assist the Department of Homeland Security in product research, development, transition, and acquisition activities for cargo security; and (2) provide for participation by port authorities or the appropriate State agency responsible for oversight of port areas in such activities. SEC. 8. INTEGRATION OF SECURITY PLANS AND SYSTEMS WITH LOCAL PORT AUTHORITY AND LAW ENFORCEMENT AGENCIES. Section 70102 of title 46, United States Code, is amended by adding at the end thereof the following: ``(c) Sharing of Assessment; Integration of Plans and Equipment.-- The owner or operator of a facility shall-- ``(1) make a current copy of the vulnerability assessment conducted under subsection (b) available to the port authority with jurisdiction of the facility and appropriate State or local law enforcement agencies; and ``(2) integrate, to the maximum feasible extent, any security system for the facility with compatible systems operated or maintained by the port authority or such law enforcement agencies.''. SEC. 9. STANDARDIZED POLICY FOR ADVANCED NOTICE OF COAST GUARD BOARDING FOR SECURITY OR PORT STATE CONTROL INSPECTIONS. Within 90 days after the date of enactment of this Act, the Commandant of the Coast Guard shall establish, and publish in the Federal Register, a policy governing how much advance notice is to be provided by the Coast Guard to the owner or operator of a vessel before the vessel is boarded by the Coast Guard for ISPS compliance or Port State Control inspection. SEC. 10. FRAUDULENT OR TAMPERED WITH TRANSPORTATION WORKER IDENTIFICATION CARDS. Section 70105 of title 46, United States Code, is amended by adding at the end thereof the following: ``(n) Confiscation of Fraudulent TWICs.--If any Federal, State, or local government law enforcement officer, or any member of the United States Coast Guard in the execution of such officer's duties, has reasonable cause to believe that a transportation security card issued under this section is fraudulent, has been unlawfully modified, or is otherwise invalid, the officer may confiscate the card, notify the Department of Homeland Security, and hold the bearer of the card in custody for a reasonable period of time for relinquishment to appropriate law enforcement authorities.''. SEC. 11. FEDERAL LICENSING OF SHIP AGENTS. (a) In General.--Within 1 year after the date of enactment of this Act, the Federal Maritime Commission shall establish and implement a procedure for the training, certification, and licensing of steamship agents and agencies operating in the United States. (b) TWIC Required.--An individual may not receive a license under the procedure established by the Federal Maritime Commission under subsection (a) unless that individual holds a valid transportation security card issued under section 70105 of title 46, United States Code. (c) License Requirement.--Beginning 1 year after the date on which the Federal Maritime Commission establishes the licensing procedure, or after such date as the Federal Maritime Commission may establish, it shall be unlawful for any person to act as a vessel agent in the United States without a valid license issued by the Federal Maritime Commission and a valid transportation security card issued under section 70105 of title 46, United States Code. (d) Enforcement.--Violation of subsection (c) is punishable by imprisonment for not more than 1 year and a fine under title 18, United States Code. SEC. 12. ESTABLISHMENT OF A SECURITY INDIVIDUAL. Under regulations prescribed by the Secretary of Homeland Security, each vessel documented under chapter 121 of title 46, United States Code, and each foreign vessel entering a United States port, engaged in the commercial transportation of goods or passengers shall-- (1) designate a United States person that is responsible for responding to a transportation security incident involving the vessel while in a United States port by notifying appropriate emergency response entities and facilitating vessel response activities; and (2) provide notice to the Secretary of Homeland Security, the Commandant of the Coast Guard, and the captain of the port of the identity and contact information for such person. SEC. 13. CERTIFICATION OF MARITIME SECURITY GUARDS. (a) In General.--Chapter 701 of title 46, United States Code, is amended by adding at the end thereof the following: ``Sec. 70122. Incident command system training ``The Secretary shall ensure that all maritime security guards meet minimum training and performance standards in the Department of Homeland Security's security awareness and response procedures and in the handling of hazardous materials.''. (b) Conforming Amendment.--The chapter analysis for chapter 701 of title 46, United States Code, is amended by inserting after the item relating to section 70121 the following: ``70122. Incident command system training.''. SEC. 14. GRANTS TO TIER 1 AND TIER 2 PORTS REQUIRE REGIONAL STRATEGIC RISK MANAGEMENT ASSESSMENT. Section 70107(a) of title 46, United States Code, is amended by adding at the end ``The Secretary shall establish regional strategic risk management priorities for tier 1 and tier 2 ports and take such priorities into account in awarding grants under this section.''. SEC. 15. VESSEL SECURITY PLANS FOR SUPPLY AND SIMILAR VESSELS. (a) In General.--Section 70103(c)(2)(A) of title 46, United States Code, is amended by striking ``incident;'' and inserting ``incident (including supply vessels, bunker and fuel deliver and launch vessels conducting activities or providing services to other vessels at anchorage;''. (b) TWICs Required for Crew.--Section 70105(b)(2)(F) of title 46, United States Code, is amended by inserting ``personnel working on board vessels described in section 70103(c)(2)(A) of this title and'' after ``(F)''. (c) Effective Date.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act.

Port Authority of New York/New Jersey Port Security Task Force Implementation Act of 2008 - Amends federal port security law to revise mandatory elements of the secure system of transportation program. Directs the Secretary of the department in which the Coast Guard is operating, acting through the Commissioner of Customs and Border Protection, to establish minimum program standards and procedures for verifying, at the point goods are placed in a cargo container for shipping, that such container is free of unauthorized contents, including hazardous chemical, biological, radiological, or nuclear material, and is securely sealed after verification of its contents. Prohibits the entry of any container that has not complied with such standards and procedures. Requires Area Maritime Transportation Security Plans to establish regional response and recovery protocols for transportation security incidents. Amends the SAFE Port Act to require the Secretary of Homeland Security to ensure that the Port Security Exercise Program utilizes Area Maritime Transportation Security Plans in conducting port security exercises. Requires the Secretary of the department in which the Coast Guard is operating to develop and utilize a national standard for prioritizing and assessing security risks at U.S. ports, such as the Maritime Assessment Strategy Tool. Sets forth requirements regarding: (1) use of the U.S. Coast Guard's Maritime Security Risk Assessment Model tool to conduct vessel and port facility security risk assessments; (2) establishment of maritime and cargo security integrated project teams; (3) sharing of port facility vulnerability assessments and integration of port security plans and systems with local port authority and law enforcement agencies; (4) policy for advanced notice of Coast Guard boarding of vessels for security or Port State Control inspections; (5) confiscation of fraudulent transportation worker identification cards (TWICs); (6) Federal Maritime Commission training and licensing of steamship agents; (7) designation of a U.S. person to be responsible for notifying emergency response entities in the event of a transportation security incident involving a U.S. or foreign vessel; (8) minimum incident command system training and performance standards for maritime security guards; (9) consideration of regional strategic risk management priorities for tier 1 and tier 2 ports in grant awards; and (10) the submission of security plans for supply, bunker, and fuel deliver and launch vessels conducting activities or providing services to other vessels at anchorage.

A bill to improve port and intermodal supply chain security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Border Safeguard Protection Act''. SEC. 2. 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 (g) of this section, 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)) shall be restored to the Department of Agriculture. (e) Authority of Animal and Plant Health Inspection Service Regarding Inspection User Fees.--The Administrator of the Animal and Plant Health Inspection Service may, as applicable-- (1) continue to collect any agricultural quarantine inspection user fee; and (2) administer any reserve account for the fees. (f) Duties of Secretary of Agriculture.-- (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 inspection and monitoring procedures and facilities in the United States; 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 Cooperation. (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.

Agricultural Border Safeguard Protection 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: (1) develop agricultural import and entry procedures for inspections, monitoring, and auditing; (2) ensure that the Animal and Plant Health Inspection Service has an electronic system with real-time tracking capability for monitoring, tracking, and reporting inspection activities; (3) develop and maintain an integrated, real-time communication system with respect to import and entry agricultural inspections to alert state agriculture departments about significant Service findings; and (4) establish the International Trade Inspection Advisory Committee.

To restore import and entry agricultural inspection functions to the Department of Agriculture.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Jury Reform Act of 2015''. SEC. 2. FINDINGS. The Congress finds the following: (1) Grand juries are typically used as the process by which allegations of police misconduct are prosecuted. (2) There exists a symbiotic relationship between local prosecutors and the law enforcement officers who regularly testify in routine grand jury investigations. (3) The closeness of this relationship creates public suspicion that accused police officers receive preferential consideration from grand juries when they are subject to grand jury investigations. (4) Police officers have the right to appear before the grand jury investigating allegations of wrongdoing by said officer, and give testimony not subject to a thorough cross examination. (5) Grand jury proceedings are by law secret proceedings. (6) The secret grand jury process has historically resulted in a refusal to indict when the subject of their investigation is a local law enforcement officer. (7) The recent grand jury proceedings following the deaths of Michael Brown and Eric Garner have followed historical tradition, ending with a refusal to indict the law enforcement officers involved in their deaths. (8) The American people have lost confidence in the secretive grand jury process when it is used to evaluate allegations of police misconduct. (9) The loss of confidence in our system of justice leads to the undermining of the principles of equality and justice upon which this country was founded. (10) Preliminary hearings are often replaced with direct presentments, whereby the prosecutor may send a case directly to the grand jury without a public preliminary hearing. SEC. 3. HEARING BEFORE A JUDGE REQUIRED. (a) Receipt of Grant Funds.--In order for a State or unit of local government in a State to be eligible to receive Federal funding under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State shall comply with the requirements of this section. (b) Notification Requirements.-- (1) Notification to prosecutor.--In the case of a law enforcement officer of a local law enforcement agency who uses deadly force against a person in the course of the officer's employment, and thereby causes the death of that person, not later than 24 hours after the death occurs, the chief officer of the law enforcement agency of the locality in which the death occurred shall report the death to the elected prosecutor of that locality. (2) Notification to governor.--Not later than 24 hours after receiving notice under paragraph (1), the elected prosecutor of the locality in which the death occurred shall report the death to the Governor of that State. (c) Hearing Requirement; Appointment of Special Prosecutor.-- (1) In general.--Not later than 3 days after receiving notice under subsection (b)(2), the Governor of the State in which the death occurred shall appoint a special prosecutor to present evidence on behalf of the State at a hearing before a judge in the appropriate court, in order to determine whether probable cause exists for the State to bring criminal charges against the law enforcement officer relating to the death of the person, which determination shall be made by the judge. The Governor shall use a random process to select the special prosecutor from among all of the elected prosecutors in the State, excluding the elected prosecutor of the locality in which the death occurred. (2) Timing.--The hearing described in paragraph (1) shall be held not later than 90 days after the appointment of the special prosecutor, unless the judge determines that good cause exists to delay the hearing. (3) Court to remain open to the public.--Except as determined appropriate by the presiding judge, in a hearing described in paragraph (1), the court shall remain open to the public, and upon scheduling the hearing the judge shall provide notice to the public of the date, time, and location of the hearing. (d) State Law Enforcement Agency To Have Exclusive Authority Over Investigation.-- (1) In general.--Not later than 24 hours after receiving notice under subsection (b)(2), the Governor shall report the death to the chief officer of the State law enforcement agency of the State in which the death occurred, and the State law enforcement agency shall assume exclusive control of the investigation of the death during the pendency of the probable cause hearing. (2) Cooperation of local law enforcement agency.--The chief officer of the law enforcement agency of the locality in which the death occurred shall cooperate with the special prosecutor and the chief officer of the State law enforcement agency by responding promptly to requests for information related to the death. (e) Written Determination of Probable Cause.--Not later than 5 days after the conclusion of a hearing described in subsection (c), the judge presiding over the hearing shall issue the determination described in subsection (c) in writing, and shall submit such determination to the elected prosecutor of the locality in which the death occurred. Such determination shall be made available to the public. (f) Recommendations of the Special Prosecutor.--Upon the conclusion of a hearing described in subsection (c), the special prosecutor shall submit written recommendations to the elected prosecutor of the locality in which the death occurred, including a recommendation regarding whether criminal charges should be brought against the law enforcement officer relating to the death of the person. (g) Tolling of Procedural Deadlines.--Any applicable filing or other procedural deadlines are tolled during the pendency of the hearing described in subsection (c). (h) Preservation of Prosecutorial Discretion.--The hearing described in subsection (c) shall be purely advisory, and shall have no binding effect on the elected prosecutor of the locality in which the death occurred. After the conclusion of the hearing described in subsection (c), the elected prosecutor of the locality in which the death occurred shall retain prosecutorial discretion as to whether to bring charges against the law enforcement officer, including whether to hold a grand jury proceeding in the appropriate court.

Grand Jury Reform Act of 2015 Conditions a state or local government's eligibility for funding under the Edward Byrne Memorial Justice Assistance Grant Program on the state's compliance with this Act. Requires: (1) the chief officer of the law enforcement agency of a locality in which a death results from the use of deadly force by a law enforcement officer of such agency to report the death to the elected prosecutor of that locality within 24 hours of such death, and (2) the elected prosecutor to report the death to the governor of the state within 24 hours after receiving such notice. Directs the governor: (1) within three days after receiving such report, to appoint a special prosecutor to present evidence on the state's behalf at a hearing before a judge to determine whether probable cause exists to bring criminal charges against the law enforcement officer; (2) to use a random process to select the special prosecutor from among all of the elected prosecutors in the state, excluding the elected prosecutor of the locality in which the death occurred; and (3) within 24 hours after being notified of such death, to report the death to the chief officer of the state's law enforcement agency, which shall assume exclusive control of the investigation of the death during the pendency of the probable cause hearing. Requires: (1) the hearing to be held within 90 days after the appointment of the special prosecutor, unless the judge determines that good cause exists to delay it; (2) the court to remain open to the public for such hearing, except as determined appropriate by the presiding judge; (3) the presiding judge, within five days of the hearing's conclusion, to issue a determination regarding probable cause and to submit such determination to the elected prosecutor of the locality in which the death occurred; and (4) the special prosecutor to submit recommendations to the elected prosecutor, including regarding whether criminal charges should be brought against the officer. Declares that the probable cause hearing shall have no binding effect on the elected prosecutor.

Grand Jury Reform Act of 2015

SECTION 1. SHORT TITLE; FINDINGS; REFERENCE. (a) Short Title.--This Act may be cited as the ``Higher Education Relief Opportunities for Students Act of 2003''. (b) Findings.--The Congress finds the following: (1) There is no more important cause than that of our nation's defense. (2) The United States will protect the freedom and secure the safety of its citizens. (3) The United States military is the finest in the world and its personnel are determined to lead the world in pursuit of peace. (4) Hundreds of thousands of Army, Air Force, Marine Corps, Navy, and Coast Guard reservists and members of the National Guard have been called to active duty or active service. (5) The men and women of the United States military put their lives on hold, leave their families, jobs, and postsecondary education in order to serve their country and do so with distinction. (6) There is no more important cause for this Congress than to support the members of the United States military and provide assistance with their transition into and out of active duty and active service. (c) Reference.--References in this Act to ``the Act'' are references to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO MILITARY CONTINGENCIES AND NATIONAL EMERGENCIES. (a) Waivers and Modifications.-- (1) In general.--Notwithstanding any other provision of law, unless enacted with specific reference to this section, the Secretary of Education (referred to in this Act as the ``Secretary'') may waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the Act as the Secretary deems necessary in connection with a war or other military operation or national emergency to provide the waivers or modifications authorized by paragraph (2). (2) Actions authorized.--The Secretary is authorized to waive or modify any provision described in paragraph (1) as may be necessary to ensure that-- (A) recipients of student financial assistance under title IV of the Act who are affected individuals are not placed in a worse position financially in relation to that financial assistance because of their status as affected individuals; (B) administrative requirements placed on affected individuals who are recipients of student financial assistance are minimized, to the extent possible without impairing the integrity of the student financial assistance programs, to ease the burden on such students and avoid inadvertent, technical violations or defaults; (C) the calculation of ``annual adjusted family income'' and ``available income'', as used in the determination of need for student financial assistance under title IV of the Act for any such affected individual (and the determination of such need for his or her spouse and dependents, if applicable), may be modified to mean the sums received in the first calendar year of the award year for which such determination is made, in order to reflect more accurately the financial condition of such affected individual and his or her family; (D) the calculation under section 484B(b)(2) of the Act (20 U.S.C. 1091b(b)(2)) of the amount a student is required to return in the case of an affected individual may be modified so that no overpayment will be required to be returned or repaid if the institution has documented (i) the student's status as an affected individual in the student's file, and (ii) the amount of any overpayment discharged; and (E) institutions of higher education, eligible lenders, guaranty agencies, and other entities participating in the student assistance programs under title IV of the Act that are located in areas that are declared disaster areas by any Federal, State or local official in connection with a national emergency, or whose operations are significantly affected by such a disaster, may be granted temporary relief from requirements that are rendered infeasible or unreasonable by a national emergency, including due diligence requirements and reporting deadlines. (b) Notice of Waivers or Modifications.-- (1) In general.--Notwithstanding section 437 of the General Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5, United States Code, the Secretary shall, by notice in the Federal Register, publish the waivers or modifications of statutory and regulatory provisions the Secretary deems necessary to achieve the purposes of this section. (2) Terms and conditions.--The notice under paragraph (1) shall include the terms and conditions to be applied in lieu of such statutory and regulatory provisions. (3) Case-by-case basis.--The Secretary is not required to exercise the waiver or modification authority under this section on a case-by-case basis. (c) Impact Report.--The Secretary shall, not later than 15 months after first exercising any authority to issue a waiver or modification under subsection (a), report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate on the impact of any waivers or modifications issued pursuant to subsection (a) on affected individuals and the programs under title IV of the Act, and the basis for such determination, and include in such report the Secretary's recommendations for changes to the statutory or regulatory provisions that were the subject of such waiver or modification. (d) No Delay in Waivers and Modifications.--Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the waivers and modifications authorized or required by this Act. SEC. 3. TUITION REFUNDS OR CREDITS FOR MEMBERS OF ARMED FORCES. (a) Sense of Congress.--It is the sense of Congress that-- (1) all institutions offering postsecondary education should provide a full refund to students who are affected individuals for that portion of a period of instruction such student was unable to complete, or for which such individual did not receive academic credit, because he or she was called up for active duty or active service; and (2) if affected individuals withdraw from a course of study as a result of such active duty or active service, such institutions should make every effort to minimize deferral of enrollment or reapplication requirements and should provide the greatest flexibility possible with administrative deadlines related to those applications. (b) Definition of Full Refund.--For purposes of this section, a full refund includes a refund of required tuition and fees, or a credit in a comparable amount against future tuition and fees. SEC. 4. USE OF PROFESSIONAL JUDGMENT. A financial aid administrator shall be considered to be making a necessary adjustment in accordance with section 479A(a) of the Act if the administrator makes adjustments with respect to the calculation of the expected student or parent contribution (or both) of an affected individual, and adequately documents the need for the adjustment. SEC. 5. DEFINITIONS. In this Act: (1) Active duty.--The term ``active duty'' has the meaning given such term in section 101(d)(1) of title 10, United States Code, except that such term does not include active duty for training or attendance at a service school. (2) Affected individual.--The term ``affected individual'' means an individual who-- (A) is serving on active duty during a war or other military operation or national emergency; (B) is performing qualifying National Guard duty during a war or other military operation or national emergency; (C) resides or is employed in an area that is declared a disaster area by any Federal, State, or local official in connection with a national emergency; or (D) suffered direct economic hardship as a direct result of a war or other military operation or national emergency, as determined by the Secretary. (3) Military operation.--The term ``military operation'' means a contingency operation as such term is defined in section 101(a)(13) of title 10, United States Code. (4) National emergency.--The term ``national emergency'' means a national emergency declared by the President of the United States. (5) Serving on active duty.--The term ``serving on active duty during a war or other military operation or national emergency'' shall include service by an individual who is-- (A) a Reserve of an Armed Force ordered to active duty under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10, United States Code, or any retired member of an Armed Force ordered to active duty under section 688 of such title, for service in connection with a war or other military operation or national emergency, regardless of the location at which such active duty service is performed; and (B) any other member of an Armed Force on active duty in connection with such war, operation, or emergency or subsequent actions or conditions who has been assigned to a duty station at a location other than the location at which such member is normally assigned. (6) Qualifying national guard duty.--The term ``qualifying National Guard duty during a war or other military operation or national emergency'' means service as a member of the National Guard on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32, United States Code, in connection with a war, another military operation, or a national emergency declared by the President and supported by Federal funds. SEC. 6. TERMINATION OF AUTHORITY. The provisions of this Act shall cease to be effective at the close of September 30, 2005. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Higher Education Relief Opportunities for Students Act of 2003 - Authorizes the Secretary of Education to waive or modify any requirement or regulation applicable to the student financial assistance programs under title IV of the Higher Education Act of 1965 as deemed necessary with respect to an affected individual who: (1) is serving on active duty during a war or other military operation or national emergency; (2) is performing qualifying National Guard duty during a war, operation, or emergency; (3) resides or is employed in an area that is declared a disaster area by any Federal, State, or local official in connection with a national emergency; or (4) suffered direct economic hardship as a direct result of a war or other military operation or national emergency. Authorizes the Secretary to grant such a waiver to ensure that: (1) affected individuals who have received student financial assistance (affected recipients) are not placed in a worse position financially in relation to that financial assistance because of their status; (2) administrative requirements placed on affected recipients are minimized to ease the burden on them and avoid inadvertent, technical violations or defaults; (3) calculations of income or overpayment amounts required to be returned may be modified in light of the special circumstances; and (4) institutions of higher education, eligible lenders, guaranty agencies, and other participating entities that are located in declared disaster areas in connection with a national emergency, or whose operations are significantly affected by such a disaster, may be granted temporary relief from requirements that are rendered infeasible or unreasonable by the emergency, including due diligence requirements and reporting deadlines. Declares the sense of Congress that: (1) all institutions offering postsecondary education should provide a full refund (or credit) of tuition and related fees to students who are affected individuals for that portion of a period of instruction such a student was unable to complete, or for which such individual did not receive academic credit, because he or she was called up for active duty or active service; and (2) if affected individuals withdraw from a course of study as a result of such active duty or active service, such institutions should make every effort to minimize deferral of enrollment or reapplication requirements and should provide the greatest flexibility possible with administrative deadlines related to those applications.

To provide the Secretary of Education with specific waiver authority to respond to a war or other military operation or national emergency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Access to Health Information Technology Act of 2005''. SEC. 2. HEALTH INFORMATION TECHNOLOGY GRANT PROGRAM. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish and implement a program to award grants to increase access to health care in rural areas by improving health information technology, including the reporting, monitoring, and evaluation required under this section. (b) State Grants.--The Secretary shall award grants to States to be used to carry out the State plan under subsection (e) through the awarding of subgrants to local entities within the State. Amounts awarded under such a grant may only be used in the fiscal year in which the grant is awarded or in the immediately subsequent fiscal year. (c) Amount of Grant.--From amounts appropriated under subsection (k) for each fiscal year, the Secretary shall award a grant to each State that complies with subsection (e) in an amount that is based on the total number of critical access hospitals in the State (as certified by the Secretary under section 1817(e) of the Social Security Act) bears to the total number of critical access hospitals in all States that comply with subsection (e). (d) Lead Agency.--A State that receives a grant under this section shall designate a lead agency to-- (1) administer, directly or through other governmental or nongovernmental agencies, the financial assistance received under the grant; (2) develop, in consultation with appropriate representatives of units of general purpose local government and the hospital association of the State, the State plan; and (3) coordinate the expenditure of funds and provision of services under the grant with other Federal and State health care programs. (e) State Plan.--To be eligible for a grant under this section, a State shall establish a State plan that shall-- (1) identify the State's lead agency; (2) provide that the State shall use the amounts provided to the State under the grant program to address health information technology improvements and to pay administrative costs incurred in connection with providing the assistance to local grant recipients; (3) provide that benefits shall be available throughout the entire State; and (4) require that the lead agency consult with the hospital association of such State and rural hospitals located in such State on the most appropriate ways to use the funds received under the grant. (f) Awarding of Local Grants.-- (1) In general.--The lead agency of a State shall use amounts received under a grant under subsection (a) to award local grants on a competitive basis. In determining whether a local entity is eligible to receive a grant under this subsection, the lead agency shall utilize the following selection criteria: (A) The extent to which the entity demonstrates a need to improve its health information reporting and health information technology. (B) The extent to which the entity will serve a community with a significant low-income or other medically underserved population. (2) Application and approval.--To be eligible to receive a local grant under this subsection, an entity shall be a government-owned or private nonprofit hospital (including a non-Federal short-term general acute care facility that is a critical access hospital located outside a Metropolitan Statistical Area, in a rural census tract of a Metropolitan Statistical Area as determined under the most recent version of the Goldsmith Modification or the Rural-Urban Commuting Area codes, as determined by the Office of Rural Health Policy of the Health Resources and Services Administration, or is located in an area designated by any law or regulation of the State in which the hospital is located as a rural area (or is designated by such State as a rural hospital or organization)) that submits an application to the lead agency of the State that-- (A) includes a description of how the hospital intends to use the funds provided under the grant; (B) includes such information as the State lead agency may require to apply the selection criteria described in paragraph (1); (C) includes measurable objectives for the use of the funds provided under the grant; (D) includes a description of the manner in which the applicant will evaluate the effectiveness of the activities carried out under the grant; (E) contains an agreement to maintain such records, make such reports, and cooperate with such reviews or audits as the lead agency and the Secretary may find necessary for purposes of oversight of program activities and expenditures; (F) contains a plan for sustaining the activities after Federal support for the activities has ended; and (G) contains such other information and assurances as the Secretary may require. (3) Use of amounts.-- (A) In general.--An entity shall use amounts received under a local grant under this section to-- (i) offset the costs incurred by the entity after December 31, 2005, that are related to clinical health care information systems and health information technology designed to improve quality of health care and patient safety; and (ii) offset costs incurred by the entity after December 31, 2005, that are related to enabling health information technology to be used for the collection and use of clinically specific data, promoting the interoperability of health care information across health care settings, including reporting to Federal and State agencies, and facilitating clinic decision support through the use of health information technology. (B) Eligible costs.--Costs that are eligible to be offset under subparagraph (A) shall include the cost of-- (i) purchasing, leasing, and installing computer software and hardware, including handheld computer technologies, and related services; (ii) making improvements to existing computer software and hardware; (iii) purchasing or leasing communications capabilities necessary for clinical data access, storage, and exchange; (iv) services associated with acquiring, implementing, operating, or optimizing the use of new or existing computer software and hardware and clinical health care information systems; (v) providing education and training to staff on information systems and technology designed to improve patient safety and quality of care; and (vi) purchasing, leasing, subscribing, integrating, or servicing clinical decision support tools that integrate patient-specific clinic data with well-established national treatment guidelines, and provide ongoing continuous quality improvement functions that allow providers to assess improvement rates over time and against averages for similar providers. (4) Grant limit.--The amount of a local grant under this subsection shall not exceed $250,000. (g) Reporting, Monitoring, and Evaluation.--The lead agency of a State that receives a grant under this section shall annually report to the Secretary-- (1) the amounts received under the grant; (2) the amounts allocated to State grant recipients under the grant; (3) the breakdown of types of expenditures made by the local grant recipients with such funds; and (4) such other information required by the Secretary to assist the Secretary in monitoring the effectiveness of activities carried out under this grant. (h) Review of Compliance With State Plan.--The Secretary shall review and monitor State compliance with the requirements of this section and the State plan submitted under subsection (e). If the Secretary, after reasonable notice to a State and opportunity for a hearing, finds that there has been a failure by the State to comply substantially with any provision or requirement set forth in the State plan or the requirements of this section, the Secretary shall notify the lead agency involved of such finding and that no further payments to the State will be made with respect to the grant until the Secretary is satisfied that the State is in compliance or that the noncompliance will be promptly corrected. (i) Preemption of Certain Laws.--The provisions of this section shall preempt applicable Federal and State procurement laws with respect to health information technology purchased under this section. (j) Relation to Other Programs.--Amounts appropriated under this section shall be in addition to appropriations for Federal programs for Rural Hospital FLEX grants, Rural Health Outreach grants, and Small Rural Hospital Improvement Program grants. (k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2006 through 2008. SEC. 3. REPLACEMENT OF THE INTERNATIONAL STATISTICAL CLASSIFICATION OF DISEASES. (a) In General.--Not later than October 1, 2006, the Secretary of Health and Human Services shall promulgate a final rule concerning the replacement of the International Statistical Classification of Diseases, 9th revision, Clinical Modification (referred to in this section as the ``ICD-9-CM''), under the regulation promulgated under section 1173(c) of the Social Security Act (42 U.S.C. 1320d-2(c)), including for purposes of part A of title XVIII, or part B where appropriate, of such Act, with the use of each of the following: (1) The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Clinical Modification (referred to in this section as ``ICD-10-CM''. (2) The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Clinical Modification Coding System (referred to in this section as ``ICD-10-PCS''). (b) Implementation.-- (1) In general.--The Secretary of Health and Human Services shall ensure that the rule promulgated under subsection (a) is implemented by not later than October 1, 2009. In carrying out the preceding sentence, the Secretary shall ensure that such rule ensure that Accredited Standards Committee X12 HIPAA transactions version (v) 4010 is upgraded to a newer version 5010, and that the National Council for Prescription Drug Programs Telecommunications Standards version 5.1 is updated to a newer version (to be released by the named by the National Council for Prescription Drug Programs Telecommunications Standards) that supersedes, in part, existing legislation and regulations under the Health Insurance Portability and Accountability Act of 1996. (2) Authority.--The Secretary of Health and Human Services shall have the authority to adopt, without notice and comment rulemaking, standards for electronic health care transactions under section 1173 of the Social Security Act (42 U.S.C. 1320d- 2) that are recommended to the Secretary by the Accredited Standards Committee X12 of the American National Standards Institute in relation to the replacement of ICD-9-CM with ICD- 10-CM and ICD-10-PCS. Such modifications shall be published in the Federal Register. (c) Notice of Intent.--Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall issue and publish in the Federal Register a Notice of Intent that-- (1) adoption of Accredited Standards Committee X12 HIPAA transactions version (v) 5010 shall occur not later than April 1, 2007, and compliance with such rule shall apply to transactions occurring on or after April 1, 2009; (2) adoption of the National Council for Prescription Drug Programs Telecommunications Standards version 5.1 with a new version will occur not later than April 1, 2007, and compliance with such rule shall apply to transactions occurring on or after April 1, 2009; (3) adoption of ICD-10-CM and ICD-10-PCS will occur not later than October 1, 2006, and compliance with such rules shall apply to transactions occurring on or after October 1, 2009; and (4) covered entities and health technology vendors under the Health Insurance Potability and Accountability Act of 1996 shall begin the process of planning for and implementing the updating of the new versions and editions referred to in this subsection. (d) Assurances of Code Availability.--The Secretary of Health and Human Services shall take such action as may be necessary to ensure that procedure codes are promptly available for assignment and use under ICD-9-CM until such time as ICD-9-CM is replaced as a code set standard under section 1173(c) of the Social Security Act with ICD-10- PCS. (e) Deadline.--Notwithstanding section 1172(f) of the Social Security Act (42 U.S.C. 1320d-1(f)), the Secretary of Health and Human Services shall adopt the modifications provided for in this section without a recommendation of the National Committee on Vital and Health Statistics unless such recommendation is made to the Secretary on or before a date specified by the Secretary as consistent with the implementation of the replacement of ICD-9-CM with ICD-10-CM and ICD- 10-PCS for transactions occurring on or after October 1, 2009. (f) Limitation on Judicial Review.--The rule promulgated under subsection (a) shall not be subject to judicial review. (g) Application.--The rule promulgated under subsection (a) shall apply to transactions occurring on or after October 1, 2009. (h) Rule of Construction.--Nothing in this section shall be construed as effecting the application of classification methodologies or codes, such as the Current Procedural Terminology (CPT) as maintained and distributed by the American Medical Association and the Healthcare Common Procedure Coding System (HCPCS) as maintained and distributed by the Department of Health and Human Services, other than under the International Statistical Classification of Disease and Related Health Problems.

Critical Access to Health Information Technology Act of 2005 - Requires the Secretary of Health and Human Services to establish a program to award grants to states to increase access to health care in rural areas by improving health information technology. Requires a state that receives such a grant to designate a lead agency to: (1) administer the grant; (2) develop the state plan for use of grant funds; and (2) coordinate the expenditure of funds and provision of services under the grant with other federal and state health care programs. Directs the lead agency to award local grants on a competitive basis based on the extent to which an entity: (1) demonstrates a need to improve its health information reporting and health information technology; and (2) will serve a community with a significant low-income or other medically underserved population. Requires each grant recipient to be a government-owned or private nonprofit hospital located in a rural area. Requires the lead agency to annually report to the Secretary on: (1) the amounts received under the grant; (2) the amounts allocated to state grant recipients; and (3) the types of expenditures made by local grant recipients. Requires the Secretary to review and monitor state compliance with the requirements of this Act. Directs the Secretary to promulgate a final rule concerning the replacement of the International Statistical Classification of Diseases, 9th revision, Clinical Modification with the International Statistical Classification of Diseases and Related Health Problems, 10th revision, Clinical Modification and Clinical Modification Coding System. Authorizes the Secretary to adopt specified standards for electronic health care transactions that are recommended in relation to such replacements.

A bill to provide grants for rural health information technology development activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Behavioral Health Infrastructure Improvement Act''. SEC. 2. BEHAVIORAL HEALTH INFRASTRUCTURE IMPROVEMENTS. (a) Enhanced FMAP for Infrastructure Improvements.-- (1) In general.--Section 1903(a)(3) of the Social Security Act (42 U.S.C. 1396b(a)(3)) is amended by adding at the end the following: ``(I) for calendar quarters beginning during the 5-year period beginning on or after the date of the enactment of this subparagraph, 90 percent of the sums expended during the quarter as are attributable to the design, development, implementation, or improvement of infrastructure and systems carried out for purposes of, with respect to behavioral health services and substance abuse treatment services, providing for enhanced data collection and reporting to the Secretary and tracking and ensuring access to such services by individuals eligible to receive medical assistance under the State plan under this title (or under a waiver of the plan); plus''. (2) Reports.--For each year during which subparagraph (I) of section 1903(a)(3) of the Social Security Act (42 U.S.C. 1396b(a)(3)), as added by paragraph (1), applies, the Secretary of Health and Human Services shall submit to Congress a report on the affects of such subparagraph, including best practices for States receiving reimbursement for expenditures under such subparagraph and the effectiveness of such expenditures made by such States. (b) Behavioral Health Information for Medicaid Beneficiaries.-- Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by adding at the end the following: ``SEC. 1947. BEHAVIORAL HEALTH INFORMATION FOR MEDICAID BENEFICIARIES. ``(a) In General.--The Secretary shall award grants to States to enable such States to establish, expand, or provide support for-- ``(1) offices of behavioral health assistance that provide assistance to individuals eligible to receive medical assistance under this title; or ``(2) behavioral health ombudsman programs that are independent of any State agency, in a manner that ensures coordination with other relevant programs of the State for assisting individuals receiving medical assistance under this title who have a broad range of health concerns, including relating to behavioral health and substance abuse treatment. ``(b) Eligibility.-- ``(1) In general.--To be eligible to receive a grant, a State shall designate an independent office of behavioral health assistance described in paragraph (1) of subsection (a), or an ombudsman described in paragraph (2) of such subsection, that-- ``(A) has specialized knowledge of behavioral health and substance abuse and experience resolving inquiries and complaints described in subparagraph (B); and ``(B) directly or in coordination with State Medicaid agencies, departments of insurance, and consumer assistance organizations, receives and responds to inquiries and complaints concerning access to behavioral health services and substance abuse treatment services. ``(2) Criteria.--A State that receives a grant under this section shall comply with criteria established by the Secretary for carrying out activities under such grant. ``(3) Additional requirement.--A State that receives a grant under this section, with respect to an office described in subsection (a)(1) or a behavioral health ombudsman program described in subsection (a)(2), shall coordinate such office or program with other programs of such State that serve individuals receiving medical assistance under this title, such as a consumer assistance program, long-term care ombudsman program, aging and disability resource center, a Medicaid managed care ombudsman program, or a mental health ombudsman program. ``(4) Clarification.--A grant provided to a State under subsection (a) may be used by the State to expand a program of such State that services individuals receiving medical assistance, such as a program described in paragraph (3), to include an office or program described in subsection (a) or a division that would provide for the functions that such an office or program would otherwise provide. ``(c) Duties.--The office of behavioral health assistance described in paragraph (1) of subsection (a), or an ombudsman referred to in paragraph (2) of such subsection shall-- ``(1) collect, track, and quantify problems and inquiries encountered by individuals eligible for medical assistance under this title with respect to access to behavioral health services and substance abuse treatment services; ``(2) educate such individuals on the rights and responsibilities of such individuals with respect to such access and assist such individuals in the enforcement of such rights with respects to such access; and ``(3) assist such individuals with accessing behavioral health services and substance abuse treatment services by providing information, referral, care coordination, and other assistance. ``(d) Data Collection.--As a condition of receiving a grant under subsection (a), an office of behavioral health assistance described in paragraph (1) of subsection (a), or an ombudsman described in paragraph (2) of such subsection shall be required to collect and report data to the Secretary, State legislature, relevant State agencies, including the departments of insurance and the State attorney general, on the types of problems and inquiries encountered by individuals with respect to access to behavioral health services and substance abuse treatment services. ``(e) Report to Congress.--Not later than two years after the date of the enactment of this section, the Secretary shall submit to Congress a report on the data collected under subsection (d). ``(f) Funding.-- ``(1) Initial funding.--There is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $30,000,000 for the first fiscal year for which this section applies to carry out this section. Such amount shall remain available without fiscal year limitation. ``(2) Authorization for subsequent years.--There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section. ``(g) State Medicaid Agency.--In this section, the term `State Medicaid agency' means the State agency administering the State plan under this title (or a waiver of such plan).''.

Behavioral Health Infrastructure Improvement Act This bill amends title XIX (Medicaid) of the Social Security Act to temporarily increase the Federal Medical Assistance Percentage (FMAP) for behavioral health infrastructure and systems improvements under a state medical assistance program. For a period of five years, a state's FMAP for such improvements shall equal 90%. (Generally, a state's FMAP under Medicaid may range from 50% to 83%.) The bill also establishes a grant program for states to establish or support a behavioral health assistance office or ombudsman to coordinate behavioral health and other assistance for Medicaid beneficiaries. The office or ombudsman shall: (1) track, quantify, and report on problems and inquiries encountered by Medicaid beneficiaries with respect to access to behavioral health services; (2) educate Medicaid beneficiaries on their rights and responsibilities to such access; and (3) assist Medicaid beneficiaries in the enforcement of those rights and in accessing services.

Behavioral Health Infrastructure Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Pay Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Supreme Court in Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074 (May 29, 2007), significantly impairs statutory protections against discrimination in compensation that Congress established and that have been bedrock principles of American law for decades. The Ledbetter decision undermines those statutory protections by unduly restricting the time period in which victims of discrimination can challenge and recover for discriminatory compensation decisions or other practices, contrary to the intent of Congress. (2) The limitation imposed by the Court on the filing of discriminatory compensation claims ignores the reality of wage discrimination and is at odds with the robust application of the civil rights laws that Congress intended. (3) With regard to any charge of discrimination under any law, nothing in this Act is intended to preclude or limit an aggrieved person's right to introduce evidence of an unlawful employment practice that has occurred outside the time for filing a charge of discrimination. (4) Nothing in this Act is intended to change the law in effect as of May 28, 2007, concerning the treatment of when pension benefits are considered paid. SEC. 3. DISCRIMINATION IN COMPENSATION BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 5(e)) is amended by adding at the end the following: ``(3)(A) For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in violation of this title, when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice. ``(B) Liability may accrue and (in addition to any relief authorized by section 1977A of the Revised Statutes (42 U.S.C. 1981a)), an aggrieved person may obtain relief as provided in subsection (g)(1), including recovery of back pay for up to 2 years preceding the filing of the charge, in an action under this title concerning an unlawful employment practice with regard to discrimination in compensation, where the unlawful employment practice that has occurred during the charge filing period is similar or related to an unlawful employment practice with regard to discrimination in compensation that occurred outside the charge filing period.''. SEC. 4. DISCRIMINATION IN COMPENSATION BECAUSE OF AGE. Section 7(d) of the Age Discrimination Act of 1967 (29 U.S.C. 626(d)) is amended-- (1) in the first sentence-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (B) by striking ``(d)'' and inserting ``(d)(1)''; (2) in the third sentence, by striking ``Upon'' and inserting the following: ``(2) Upon''; and (3) by adding at the end the following: ``(3) For purposes of this section, an unlawful practice occurs, with respect to discrimination in compensation in violation of this Act, when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to a discriminatory compensation decision or other practice, or when a person is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.''. SEC. 5. APPLICATION TO OTHER LAWS. (a) Americans With Disabilities Act of 1990.--The amendments made by section 102 shall apply to claims of discrimination in compensation brought under title I and section 503 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 12203), pursuant to section 107(a) of such Act (42 U.S.C. 12117(a)), which adopts the powers, remedies, and procedures set forth in section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5). (b) Rehabilitation Act of 1973.--The amendments made by section 102 shall apply to claims of discrimination in compensation brought under sections 501 and 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 794), pursuant to-- (1) sections 501(g) and 504(d) of such Act (29 U.S.C. 791(g), 794(d)), respectively, which adopt the standards applied under title I of the Americans with Disabilities Act of 1990 for determining whether a violation has occurred in a complaint alleging employment discrimination; and (2) paragraphs (1) and (2) of section 505(a) of such Act (29 U.S.C. 794a(a)) (as amended by subsection (c)). (c) Conforming Amendments.-- (1) Rehabilitation act of 1973.--Section 505(a) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)) is amended-- (A) in paragraph (1), by inserting after ``(42 U.S.C. 2000e-5 (f) through (k))'' the following: ``(and the application of section 706(e)(3) (42 U.S.C. 2000e- 5(e)(3)) to claims of discrimination in compensation)''; and (B) in paragraph (2), by inserting after ``1964'' the following: ``(42 U.S.C. 2000d et seq.) (and in subsection (e)(3) of section 706 of such Act (42 U.S.C. 2000e-5), applied to claims of discrimination in compensation)''. (2) Civil rights act of 1964.--Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding at the end the following-- ``(f) Section 706(e)(3) shall apply to complaints of discrimination in compensation under this section.''. (3) Age discrimination act of 1967.--Section 15(f) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a(f)) is amended by striking ``of section'' and inserting ``of sections 7(d)(3) and''. SEC. 6. EFFECTIVE DATE. This Act, and the amendments made by this Act, take effect as if enacted on May 28, 2007 and apply to all claims of discrimination in compensation under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), title I and section 503 of the Americans with Disabilities Act of 1990, and sections 501 and 504 of the Rehabilitation Act of 1973, that are pending on or after that date.

Fair Pay Restoration Act - Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to the decision or practice, or when an individual is affected by application of the decision or practice, including each time compensation is paid. Accrues liability, and allows an aggrieved person to obtain relief including recovery of back pay for up to two years preceding the filing of the charge, where the unlawful employment practice that has occurred during the charge filing period is similar or related to a practice that occurred outside the charge filing period. Applies certain amendments made by this Act to claims of compensation discrimination under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973. Amends the Age Discrimination in Employment Act of 1967 to declare that an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or other practice, or when a person is affected by the decision or practice, including each time compensation is paid.

A bill to amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 to clarify that an unlawful practice occurs each time compensation is paid pursuant to a discriminatory compensation decision or other practice, and for other purposes.

SECTION 1. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Stutsman County Park Board in Jamestown, North Dakota. (2) Game and fish headquarters.--The term ``game and fish headquarters'' means the land depicted as ``Game and Fish Headquarters'' on the Map. (3) Jamestown reservoir.--The term ``Jamestown Reservoir'' means the Jamestown Reservoir constructed as a unit of the Missouri-Souris Division, Pick-Sloan Missouri Basin Program, as authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665). (4) Management agreement.--The term ``Management Agreement'' means the management agreement entitled ``Management Agreement between the United States of America and Stutsman County Park Board for the Management, Development, Operation and Maintenance of Recreation and Related Improvements and Facilities at Jamestown Reservoir Stutsman County, North Dakota'', numbered 15-LM-60-2255, and dated February 17, 2015. (5) Map.--The term ``Map'' means the map prepared by the Bureau of Reclamation, entitled ``Jamestown Reservoir'', and dated May 2018. (6) Permitted cabin land.--The term ``permitted cabin land'' means the land depicted as ``Permitted Cabin Lands'' on the Map. (7) Property.--The term ``property'' means any cabin site located on permitted cabin land for which a permit is in effect on the date of enactment of this Act. (8) Recreation land.--The term ``recreation land'' means the land depicted as ``Recreation and Public Purpose Lands'' on the Map. (9) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (10) State.--The term ``State'' means the State of North Dakota, acting through the North Dakota Game and Fish Department. SEC. 2. CONVEYANCES TO STUTSMAN COUNTY PARK BOARD. (a) Conveyances to Stutsman County Park Board.-- (1) In general.--Subject to the management requirements of paragraph (3) and the easements and reservations under section 4, not later than 5 years after the date of enactment of this Act, the Secretary shall convey to the Board all right, title, and interest of the United States in and to-- (A) the recreation land; and (B) the permitted cabin land. (2) Costs.-- (A) In general.--Except as provided in subparagraph (B), the Secretary shall convey the land described in paragraph (1) at no cost. (B) Title transfer; land surveys.--As a condition of the conveyances under paragraph (1), the Board shall agree to pay all survey and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in paragraph (1). (3) Management.-- (A) Recreation land.--The Board shall manage the recreation land conveyed under paragraph (1)-- (i) for recreation and public purposes consistent with the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.); (ii) for public access; (iii) for fish and wildlife habitat; or (iv) to preserve the natural character of the recreation land. (B) Permitted cabin land.--The Board shall manage the permitted cabin land conveyed under paragraph (1)-- (i) for cabins or recreational residences in existence as of the date of enactment of this Act; or (ii) for any of the recreation land management purposes described in subparagraph (A). (4) Haying and grazing.--With respect to recreation land conveyed under paragraph (1) that is used for haying or grazing authorized by the Management Agreement as of the date of enactment of this Act, the Board may continue to permit haying and grazing in a manner that is permissible under the 1 or more haying or grazing contracts in effect as of the date of enactment of this Act. (b) Reversion.--If a parcel of land conveyed under subparagraph (A) or (B) of subsection (a)(1) is used in a manner that is inconsistent with the requirements described in subparagraph (A) or (B), respectively, of subsection (a)(3), the parcel of land shall, at the discretion of the Secretary, revert to the United States. (c) Sale of Permitted Cabin Land by Board.-- (1) In general.--If the Board sells any parcel of permitted cabin land conveyed under subsection (a)(1)(B), the parcel shall be sold at fair market value, as determined by a third-party appraiser in accordance with the Uniform Standards of Professional Appraisal Practice, subject to paragraph (2). (2) Improvements.--For purposes of an appraisal conducted under paragraph (1), any improvements on the permitted cabin land made by a permit holder shall not be included in the appraised value of the land. (3) Proceeds from the sale of land by the board.--If the Board sells a parcel of permitted cabin land conveyed under subsection (a)(1)(B), the Board shall pay to the Secretary the amount of any proceeds of the sale that exceed the costs of preparing the sale by the Board. (d) Availability of Funds to the Secretary.--Any amounts paid to the Secretary for land conveyed by the Secretary under this Act shall be made available to the Secretary, subject to the availability of appropriations made in advance, for activities relating to the operation of the Jamestown Dam and Reservoir. SEC. 3. CONVEYANCE OF GAME AND FISH HEADQUARTERS TO THE STATE. (a) Conveyance of Game and Fish Headquarters.--Not later than 5 years after the date of enactment of this Act, the Secretary shall convey to the State all right, title, and interest of the United States in and to the game and fish headquarters, on the condition that the game and fish headquarters continue to be used as a game and fish headquarters or substantially similar purposes. (b) Reversion.--If land conveyed under subsection (a) is used in a manner that is inconsistent with the requirements described in that subsection, the land shall, at the discretion of the Secretary, revert to the United States. SEC. 4. RESERVATIONS, EASEMENTS, AND OTHER OUTSTANDING RIGHTS. (a) In General.--Each conveyance to the Board or the State pursuant to this Act shall be made subject to-- (1) valid existing rights; (2) operational requirements of the Pick-Sloan Missouri River Basin Program, as authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665), including the Jamestown Reservoir; (3) any flowage easement reserved by the United States to allow full operation of the Jamestown Reservoir for authorized purposes; (4) reservations described in the Management Agreement; (5) oil, gas, and other mineral rights reserved of record, as of the date of enactment of this Act, by, or in favor of, the United States or a third party; (6) any permit, license, lease, right-of-use, flowage easement, or right-of-way of record in, on, over, or across the applicable property or Federal land, whether owned by the United States or a third party, as of the date of enactment of this Act; (7) a deed restriction that prohibits building any new permanent structure on property below an elevation of 1,454 feet; and (8) the granting of applicable easements for-- (A) vehicular access to the property; and (B) access to, and use of, all docks, boathouses, ramps, retaining walls, and other improvements for which access is provided in the permit for use of the property as of the date of enactment of this Act. (b) Liability; Taking.-- (1) Liability.--The United States shall not be liable for flood damage to a property subject to a permit, the Board, or the State, or for damages arising out of any act, omission, or occurrence relating to a permit holder, the Board, or the State, other than for damages caused by an act or omission of the United States or an employee, agent, or contractor of the United States before the date of enactment of this Act. (2) Taking.--Any temporary flooding or flood damage to the property of a permit holder, the Board, or the State, shall not be considered to be a taking by the United States. SEC. 5. INTERIM REQUIREMENTS. During the period beginning on the date of enactment of this Act and ending on the date of conveyance of a property or parcel of land under this Act, the provisions of the Management Agreement that are applicable to the property or land, or to leases between the State and the Secretary, and any applicable permits, shall remain in force and effect. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

This bill directs the Bureau of Reclamation to provide to the holder of a permit for any cabin site located on specified federal land associated with the Jamestown Reservoir, North Dakota, the first option to purchase that property for fair market value, provided that the permittee pays to the Stutsman County Park Board any outstanding permit fees. Reclamation shall convey such property and sole use perpetual easements for access to such property to a permittee who elects such option. The conveyance shall end five years after this bill's enactment. If a permittee fails to exercise the option to purchase within five years, the commissioner shall transfer the property to the board without cost. If the board sells such a property within three years after such a transfer, it shall pay all proceeds in excess of its costs to Reclamation. Five years after the date of enactment of this bill, Reclamation shall transfer, without cost: (1) to the board federal land associated with the reservoir and managed by the board on which no cabin is located; and (2) to the North Dakota Game and Fish Department land leased by such department as of that date. Each conveyance to a permittee, and each transfer to the board or department, shall be made subject to specified oil, gas, and other mineral rights, and specified permits, reversions, and easements. Any revenues from a sale of federal land shall be made available to the commissioner, without further appropriation, for: (1) the costs to the commissioner of carrying out this bill, and (2) deferred maintenance activities relating to the operation of the dam in the reservoir.

A bill to establish a procedure for the conveyance of certain Federal property around the Jamestown Reservoir in the State of North Dakota, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pipeline Revolving Fund and Job Creation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Pipeline and Hazardous Materials Safety Administration. (2) State.--The term ``State'' means-- (A) a State; and (B) the District of Columbia. (3) State loan fund.--The term ``State loan fund'' means a pipeline replacement revolving loan fund established by a State under section 3(a)(2)(B). SEC. 3. STATE REVOLVING LOAN FUNDS. (a) Grants to States To Establish Loan Funds.-- (1) In general.--The Administrator shall offer to enter into agreements with eligible States to make capitalization grants, including letters of credit, to the States under this subsection to repair or replace natural gas distribution pipelines. (2) Eligibility.--To be eligible to receive a capitalization grant under this section, a State shall-- (A) enter into a capitalization agreement with the Administrator under paragraph (1); and (B) establish a pipeline replacement revolving loan fund. (3) Deposit.--Funds granted to a State under this section shall be deposited in the State loan fund established by the State. (4) Period.--The funds granted to a State shall be available to the State for obligation during the fiscal year for which the funds are authorized and during the following fiscal year. (5) Allotment.--Funds made available to carry out this section shall be allotted to States at the discretion of the Administrator. (6) Reallotment.--Any funds not obligated by a State by the last day of the period for which the grants are available shall be reallotted in accordance with paragraph (5). (b) Use of Funds.-- (1) In general.--Amounts deposited in a State loan fund, including loan repayments and interest earned on the amounts, shall be used only for providing loans or loan guarantees or as a source of reserve and security for leveraged loans. (2) Limitations.-- (A) In general.--Loans or loan guarantees made by a State under paragraph (1)-- (i) may be used only for expenditures of a type or category that the Administrator has determined, through guidance, will-- (I) facilitate compliance with a plan submitted under subsection (c); or (II) otherwise significantly further the replacement or repair of natural gas distribution pipelines that have been identified as leak-prone; and (ii) may not be used for the acquisition of real property or an interest in real property, unless the acquisition is-- (I) integral to a plan submitted under subsection (c); and (II) from a willing seller. (B) Buying american.-- (i) In general.--The Administrator shall ensure, through guidance, that, to the maximum extent practicable, none of the funds from a loan or loan guarantee made by a State under paragraph (1) are used to repair or replace natural gas distribution pipelines unless all of the iron, steel, plastic, and manufactured goods used in the repair or replacement are produced in the United States. (ii) Waiver.--Clause (i) shall not apply in any case or category of cases in which the Administrator finds that-- (I) applying that clause would be inconsistent with the public interest; (II) iron, steel, plastic, or the applicable manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (III) inclusion of iron, steel, plastic, and manufactured goods produced in the United States will increase the cost of the overall repair or replacement by more than 25 percent. (iii) Publication.--If the Administrator determines that it is necessary to waive the application of clause (i) based on a finding under clause (ii), the Administrator shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (iv) Applicability.--This section shall be applied in a manner consistent with United States obligations under international agreements. (c) Intended Use Plans.-- (1) In general.--After providing for public review and comment, each State that has entered into a capitalization agreement pursuant to this section shall annually prepare a plan that identifies the intended uses of the amounts available from the State loan fund of the State. (2) Contents.--An intended use plan shall include-- (A) a list of the projects to be carried out by entities receiving the loans in the first fiscal year that begins after the date of the plan, including a description of the project; (B) the criteria and methods established for the use of funds; and (C) a description of the financial status of the State loan fund and the short- and long-term goals of the State loan fund. (3) List of projects.--Each State shall, after notice and opportunity for public comment, publish and periodically update a list of projects in the State that are eligible for assistance under this section, including the priority assigned to each project and, to the maximum extent practicable, the expected funding schedule for each project and, if possible, an estimate of expected reductions in greenhouse gas emissions for the project. (d) Fund Management.-- (1) In general.--Each State loan fund under this section shall be established, maintained, and credited with repayments and interest and the fund corpus shall be available in perpetuity in accordance with this section. (2) Investment authorized.--To the extent amounts in the fund are not required for current obligation or expenditure, the amounts shall be invested in interest bearing obligations. (e) State Contributions.--Each capitalization agreement entered into pursuant to this section shall require that the State deposit in the State loan fund from State moneys an amount equal to not less than 20 percent of the total amount of the grant to be made to the State on or before the date on which the grant payment is made to the State. (f) Administration of State Loan Fund.-- (1) In general.--Each State may annually use not greater than 4 percent of the funds allotted to the State under this section to cover the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs expended to establish a State loan fund that are incurred after the date of enactment of this Act. (2) Guidance and regulations.--The Administrator shall issue guidance and promulgate regulations as are necessary to carry out this section, including guidance and regulations-- (A) to ensure that each State commits and expends funds allotted to the State under this section as efficiently as practicable in accordance with this section and applicable State law; (B) to prevent waste, fraud, and abuse; and (C) to ensure that the States receiving grants under this section use accounting, audit, and fiscal procedures that conform to generally accepted accounting standards. (3) State report.--Each State administering a State loan fund under this section shall submit to the Administrator a report every 2 years on the activities carried out under this section, including the findings of the most recent audit of the fund and the entire State allotment. (4) Audits.--The Administrator shall periodically audit all State loan funds established by, and all other amounts allotted to, the States pursuant to this section in accordance with procedures established by the Comptroller General of the United States. (g) Applicability of Federal Law.-- (1) In general.--The Administrator shall ensure that all laborers and mechanics employed on projects funded directly, or assisted in whole or in part, by this Act and contributed to a State loan fund established by this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code. (2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act such sums as are necessary for each of fiscal years 2016 through 2026. (b) Limitation.--Only sums appropriated pursuant to subsection (a) may be used to carry out this Act.

Pipeline Revolving Fund and Job Creation Act Directs the Administrator of the Pipeline and Hazardous Materials Safety Administration to offer to enter into agreements to make capitalization grants, including letters of credit, to eligible states for the repair or replacement of natural gas distribution pipelines. Requires grant funds to be deposited into state revolving loan funds to provide loans or loan guarantees to: (1) facilitate compliance with an intended use plan, or (2) repair or replace those pipelines that have been identified as leak-prone. Prohibits the use of funds from loans or loan guarantees made by a state to repair or replace natural gas distribution pipelines unless all of the iron, steel, plastic, and manufactured goods used in the repair or replacement are produced in the United States (Buy America).

Pipeline Revolving Fund and Job Creation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Enhancement Act of 2006''. SEC. 2. MODIFICATION OF LIMITS ON CONTRIBUTIONS TO CERTAIN RETIREMENT ACCOUNTS. (a) Individual Retirement Accounts.-- (1) In general.--The table in subparagraph (A) of section 219(b)(5) of the Internal Revenue Code of 1986 (defining deductible amount) is amended to read as follows: The ``For taxable years beginning in: deductible amount is: 2007 or 2008............................................... $8,000 2009 or thereafter......................................... $10,000.''. (2) Cost of living adjustment.--Clause (i) of section 219(b)(5)(C) of such Code is amended-- (A) in the matter preceding subclause (I) by striking ``after 2008, the $5,000'' and inserting ``after 2009, the $10,000'', and (B) in subclause (II) by striking ``calendar year 2007'' and inserting ``calendar year 2008''. (3) Increase in catch-up contribution amount.--Subparagraph (B) of section 219(b)(5) of such Code is amended to read as follows: ``(B) Catch-up contributions for individuals 50 or older.--In the case of an individual who has attained the age of 50 before the close of the taxable year, the deductible amount for such taxable year shall be increased by $2,000.''. (4) Increase in limitation on deduction for active participants in certain pension plans.-- (A) Joint returns.--Clause (i) of section 219(g)(3)(B) of such Code is amended to read as follows: ``(i) In the case of a taxpayer filing a joint return for taxable years beginning in 2007 or thereafter, the applicable dollar amount is $240,000.''. (B) Returns other than joint and married filing separately.--Clause (ii) of section 219(g)(3)(B) of such Code is amended to read as follows: ``(ii) In the case of any other taxpayer (other than a married individual filing a separate return), for taxable years beginning in 2007 or thereafter, the applicable dollar amount is $150,000.''. (C) Cost-of-living adjustment.--Paragraph (3) of section 219(g) of such Code (relating to adjusted gross income; applicable dollar amount) is amended by adding at the end the following new subparagraph: ``(C) Cost-of-living adjustment.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 2007, the $240,000 amount in clause (i) and the $150,000 in clause (ii) of subparagraph (B) shall each be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding rules.--If any amount after adjustment under clause (i) is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500.''. (b) Increase in Elective Deferrals to Qualified Plans.-- (1) In general.--Subparagraph (A) of section 402(g)(1) of the Internal Revenue Code of 1986 (relating to general rule on limitation on exclusion for elective deferrals) is amended by striking ``the applicable dollar amount'' and inserting ``$30,000''. (2) Cost-of-living adjustment.--Paragraph (4) of section 402(g) of such Code (relating to is amended cost-of-living adjustment) is amended-- (A) by striking ``December 31, 2006'' and inserting ``December 31, 2007'', and (B) by striking ``$15,000'' and inserting ``$30,000''. (3) Catch-up contributions.-- (A) Plans other than simple and 401(k) plans.-- Clause (i) of section 414(v)(2)(B) of such Code is amended by striking ``applicable dollar amount shall be determined'' and all that follows and inserting ``applicable dollar amount shall be $10,000''. (B) Simple and 401(k) plans.--Clause (ii) of section 414(v)(2)(B) of such Code is amended by striking ``applicable dollar amount shall be determined'' and all that follows and inserting ``applicable dollar amount shall be $5,000''. (C) Inflation adjustment.--Subparagraph (C) of section 414(v)(2) of such Code is amended-- (i) by striking ``December 31, 2006'' and inserting ``December 31, 2007'', (ii) by striking ``$5,000'' and inserting ``$10,000'', and (iii) by striking ``$2,500'' and inserting ``$5,000''. (c) Increase in Elective Deferrals to 457 Plans.-- (1) In general.--Subparagraph (A) of section 457(b)(2) of such Code (defining eligible deferred compensation plan) is amended to read as follows: ``(A) $30,000, or''. (2) Cost-of-living adjustment.--Paragraph (15) of section 457(e) of such Code (relating to other definitions and special rules) is amended to read as follows: ``(15) Cost-of-living adjustment.--In the case of taxable years beginning after December 31, 2007, the Secretary shall adjust the $30,000 amount under subsection (b)(2)(A) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter beginning July 1, 2006, and any increase under this paragraph which is not a multiple of $500 shall be rounded to the next lowest multiple of $500.''. (d) Defined Contribution Plans.-- (1) Dollar limit.--Subparagraph (A) of section 415(c)(1) of such Code (relating to limitation for defined contribution plans) is amended by striking ``$40,000'' and inserting ``$80,000''. (2) Cost-of-living adjustments.--Subsection (d) of section 415 of such Code (relating to cost-of-living adjustments) is amended-- (A) by striking ``$40,000'' in paragraph (1)(C) and inserting ``$80,000'', and (B) in paragraph (3)(D)-- (i) by striking ``$40,000'' in the heading and inserting ``$80,000'', and (ii) by striking ``July 1, 2001'' and inserting ``July 1, 2006''. (e) Simple Retirement Accounts.-- (1) In general.--Clause (i) of section 408(p)(2)(E) of such Code is amended by striking ``applicable dollar amount shall be determined'' and all that follows and inserting ``applicable dollar amount shall be $20,000''. (2) Cost-of-living adjustment.--Clause (ii) of section 408(p)(2)(E) of such Code is amended-- (A) by striking ``December 31, 2005'' and inserting ``December 31, 2007'', (B) by striking ``$10,000'' and inserting ``$20,000'', and (C) by striking ``July 1, 2004'' and inserting ``July 1, 2006''. (f) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 2006. SEC. 3. ONE-TIME ELECTION TO APPLY HIGHER INCOME THRESHOLDS UNDER SAVERS CREDIT. (a) In General.--Section 25B of the Internal Revenue Code of 1986 (relating to elective deferrals and IRA contributions by certain individuals) is amended by redesignating subsections (e), (f), (g), and (h) as subsections (f), (g), (h), and (i), respectively, and by inserting after subsection (d) the following new subsection: ``(e) One-Time Election to Apply Higher Income Thresholds.-- ``(1) In general.--In the case of an eligible individual for whom an election is in effect under this subsection for any taxable year, subsection (b) shall be applied by substituting for each dollar amount specified in the table therein an amount equal to 200 percent of such dollar amount. ``(2) Election applies only to 1 taxable year.--An election to have paragraph (1) apply with respect to any eligible individual may not be made for any taxable year if such an election is in effect with respect to such individual for any other prior taxable year.''. (b) Credit Made Permanent.-- (1) Repeal of termination.--Section 25B of such Code, as amended by subsection (a), is amended by striking subsection (i). (2) Repeal of egtrra sunset.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to section 618 of such Act (relating to nonrefundable credit to certain individuals for elective deferrals and IRA contributions). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Retirement Enhancement Act of 2006 - Amends the Internal Revenue Code to increase limits on contributions to certain tax-exempt retirement plans, including: (1) individual retirement accounts; (2) deferred compensation plans, including plans of state and local governments and tax-exempt organizations; and (3) defined contribution plans. Allows a one-time taxpayer election to double adjusted gross income levels used to determine the allowable amount of the tax credit for retirement savings contributions. Makes such tax credit permanent.

To amend the Internal Revenue Code of 1986 to increase the contribution limits for individual retirement plans, defined contribution plans, and salary reduction plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Americans Living Abroad Act of 2015''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Commission on Americans Living Abroad'' (in this Act referred to as the ``Commission''). SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 10 members appointed by the President, of whom-- (1) two members shall be appointed from among individuals recommended by the Speaker of the House of Representatives; (2) two members shall be appointed from among individuals recommended by the minority leader of the House of Representatives; (3) two members shall be appointed from among individuals recommended by the majority leader of the Senate; and (4) two members shall be appointed from among individuals recommended by the minority leader of the Senate. (b) Qualifications.-- (1) Limit on officers or employees of the united states.-- Not more than 6 members shall be officers or employees of the United States. (2) Political party affiliation.--Not more than 6 members of the Commission may be of the same political party. (3) Expertise.-- (A) Officers or employees of the united states.-- Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). (B) Other members.--Members of the Commission who are not officers or employees of the United States shall be appointed from among individuals who-- (i) have lived in a foreign country for not less than one year; (ii) are members of organizations that represent United States citizens living in foreign countries; or (iii) have other experience that is relevant to the matters to be studied by the Commission under section 4(a)(2). (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. Any vacancy in the Commission shall not affect its powers. (d) First Meeting.--Not later than 60 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson.--The President shall select a Chairperson for the Commission from among its members. SEC. 4. DUTIES. (a) Study.-- (1) In general.--The Commission shall conduct a study on how Federal laws and policies affect United States citizens living in foreign countries, including civilians and members of the Armed Forces. (2) Matters studied.--The matters studied shall include the following: (A) Federal financial reporting requirements for a United States citizen living in a foreign country, including the requirements under section 5314 of title 31, United States Code. (B) Federal policies and requirements that affect the ability of a United States citizen living in a foreign country to access foreign and domestic financial institutions, including requirements under chapter 4 of the Internal Revenue Code of 1986 (commonly known as the ``Foreign Account Tax Compliance Act'') and requirements affecting financial institutions imposed by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act) (Public Law 107-56). (C) Federal requirements for a spouse, child, or another family member of a United States citizen living in a foreign country who is not a United States citizen to become a United States citizen. (D) The ability of a United States citizen living in a foreign country to vote in Federal, State, and local elections in the United States, and the process for such a citizen to vote in such elections. (E) The processes by which a United States citizen living in a foreign country interacts with Federal programs such as Social Security and Medicare. (F) Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. (b) Consultation With Outside Organizations.--In conducting the study under subsection (a), the Commission shall consult with organizations that represent United States citizens living in foreign countries. (c) Reports.-- (1) Initial report.--Not later than one year after the date of enactment of this Act, the Commission shall submit a report to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative and administrative actions as it considers appropriate. (2) Update.--Not later than one year after the date on which the Commission submits the report under paragraph (1), the Commission shall submit an update to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall describe any administrative actions taken by the head of any Federal agency pursuant to the recommendations in such report. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--Subject to section 6103 of the Internal Revenue Code of 1986, the Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to 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. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any United States employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. FEDERAL AGENCY RESPONSE. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation. SEC. 8. TERMINATION. The Commission shall terminate on the date on which it submits its update under section 4(c)(2). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $2,000,000 for each of fiscal years 2015 and 2016 to the Commission to carry out this Act to remain available until the termination of the Commission.

Commission on Americans Living Abroad Act of 2015 Establishes the Commission on Americans Living Abroad which shall conduct a study of how federal laws and policies affect U.S. citizens living abroad, including civilians and members of the Armed Forces. Requires the head of any federal agency that is affected by a recommendation in the report required by this Act to submit a response to the President, Congress, and the Commission.

Commission on Americans Living Abroad Act of 2015

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Federal information reporting requirements continue to place an unprecedented paperwork burden upon private citizens, recipients of Federal assistance, businesses, government contractors and grantees, and State and local governments. (2) A renewed effort is required to assure that the policy stated in subsection (b) is fully implemented. (3) It is necessary to reexamine the policies and procedures of the Federal Government which have an impact on the paperwork burden, for the purpose of ascertaining what changes are necessary and desirable in its information policies and practices so as to eliminate unnecessary paperwork burdens and ensure that the Federal Government collects and maintains all information needed to set policy, implement laws, and operate programs. (b) Purpose.--It is the policy of the Federal Government to minimize the information reporting burden, consistent with agency missions and the needs for information to set policy, implement laws, and operate programs. SEC. 2. ESTABLISHMENT. To accomplish the purpose set forth in section 1(b), there is hereby established the Commission on Information Technology and Paperwork Reduction (hereinafter in this Act referred to as the ``Commission''). SEC. 3. FUNCTIONS. (a) Review of Former Commission.--The Commission shall study and review the principal findings and recommendations of the Commission on Paperwork established by the Act of December 27, 1974 (Public Law 93- 556) to determine which of those recommendations have been implemented and why any other of those recommendations have not been implemented. (b) Investigate Federal Information Laws, Etc.--The Commission shall study and investigate statutes, policies, rules, regulations, procedures, and practices of the Federal Government relating to information gathering and processing, and the management and control of these information activities. The Commission shall consider-- (1) the nature and extent of current Federal collections of information from other public and private profit and not-for- profit entities; (2) the effect of existing statutes on the information requirements of the Federal Government and authorities of existing Federal agencies to collect information on a timely basis; (3) the nature and extent of management and control over the determination of Federal information needs and the choice of information gathering and processing methods; (4) the nature and extent to which Federal agencies cooperate with State and local governments and private entities in collecting and processing information; (5) the procedures used and the extent to which considerations of economy and efficiency impact Federal information activities, particularly as these matters relate to costs burdening the Federal Government and providers of information; (6) the nature and extent of advances in information technology and its use in minimizing burden and maximizing utility in the collection, processing, and maintenance of information by the Government; (7) the nature and extent to which information resources management responsibilities and the President's responsibility to review agency paperwork rulemaking should continue to be integrated in the Executive Office of the President; (8) the nature and extent to which the Paperwork Reduction Act has been appropriately and effectively implemented by the Office of Management and Budget; and (9) such other matters as the Commission determines affect Federal information resources management. (c) Ascertain Changes.--The Commission shall ascertain and describe what changes are possible and desirable in existing statutes, policies, rules, regulations, procedures, and practices relating to Federal information activities in order to-- (1) assure that necessary information is made available to Federal officials and those acting on behalf of Federal officials; (2) minimize the burden imposed by Federal reporting requirements on private citizens, recipients of Federal assistance, businesses, government contractors and grantees, and State and local governments; (3) provide that information held by the Federal Government is processed and maintained to maximize its usefulness to all Federal agencies and the public; (4) reduce the duplication of information collected by the Federal Government and by State and local governments and other collectors of information; and (5) reduce the costs of Federal paperwork. (d) Final Report.--The Commission shall submit a final report to the Congress and the President within 2 years after the date of the first meeting of the Commission. The final report shall contain a review of its findings and its recommendations for changes in statutes, policies, rules, regulations, procedures, and practices. The Commission may make such interim reports and recommendations as it deems advisable. (e) Action by OMB.-- (1) In general.--Upon submission of the Commission's final report, the Director of the Office of Management and Budget, in coordination with the executive agencies, shall take action to-- (A) formulate the views of the executive agencies on the recommendations of the Commission; (B) to the extent practicable within the limits of their authority and resources, carry out recommendations of the Commission in which the executive agencies concur; and (C) propose legislation needed to carry out or to provide authority to carry out other recommendations of the Commission in which the executive agencies concur. (2) Reports.--At least once every 6 months, the Director of the Office of Management and Budget shall report to the Congress and the President on the status of action taken or to be taken as provided in this subsection. The Director shall submit a final report to the Congress and the President not later than 1 year following the submission of the Commission's final report under subsection (d). SEC. 4. MEMBERSHIP. The Commission shall be composed of 15 members, as follows: (1) 2 Members of the Senate, who shall not be members of the same political party, appointed by the President of the Senate. (2) 2 Members of the House of Representatives, who shall not be members of the same political party, appointed by the Speaker of the House of Representatives. (3) The Comptroller General of the United States. (4) The Director of the Office of Management and Budget and 2 other officials or employees of the executive branch of the Federal Government appointed by the President. (5) 2 members appointed by the President from among officials of State and local governments, who shall not be members of the same political party. (6) 5 members appointed by the President from among persons in the private sector representing such interests as small business, labor, health care, education, environment, Federal Government procurement, and information technology, no more than 3 of whom shall be of the same political party. SEC. 5. COMPENSATION. (a) In General.--Except as provided in subsection (b), members of the Commission shall each receive as compensation the daily equivalent of the annual rate of basic pay in effect for level 4 of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (b) Federal Officials.--Members of the Commission who are Members of Congress or who are full-time officers or employees of the United States shall receive no additional compensation for their service on the Commission. (c) Travel Expense.--While away from their homes or regular places of business in the performance of service for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as a person employed intermittently in the Government service is allowed such expenses under section 5703 of title 5, United States Code. SEC. 6. POWERS. (a) Meetings.--The Commission, or at its direction, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings, sit and act at such times and places, take such testimony, receive such evidence and administer such oaths, as the Commission or such subcommittee or member may consider advisable. Such attendance of witnesses and the production of such evidence may be required from any place within the United States at any designated place of hearing within the United States. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission or before such subcommittee or member. (b) Personnel.--Members of the Commission shall elect a Chairman and Vice-Chairman from among its members. The Commission shall appoint an Executive Director who shall receive as compensation the equivalent of the basic pay in effect for Level 5 of the Executive Schedule. The Commission may appoint and fix the compensation of such other personnel as it deems advisable without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and such personnel may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, at a rate not to exceed the rates provided in section 5376 of title 5, United States Code. In addition, the Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in section 5376 of title 5, United States Code. (c) Contracts for Studies and Reports.--The Commission may, subject to the availability of appropriations, negotiate and enter into contracts with private organizations and educational institutions to carry out such studies and prepare such reports as the Commission determines are necessary in order to carry out its duties. SEC. 7. COOPERATION WITH FEDERAL AGENCIES. (a) Furnishing Information.--Each department, agency, and instrumentality of the Federal Government shall furnish to the Commission, upon request made by the Chairman, such data, reports, and other nonconfidential information not otherwise prohibited by law as the Commission considers necessary to carry out its functions under this Act. (b) Services.--The head of each department or agency of the Federal Government may, upon request made by the Chairman or Vice Chairman of the Commission, provide to the Commission such services as the Commission requests on such basis, reimbursable or otherwise, as may be agreed between the department or agency and the Chairman or Vice Chairman of the Commission. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $8,000,000. SEC. 9. TERMINATION. The Commission shall cease to exist 120 days after the submission of its final report under section 3. SEC. 10. EFFECTIVE DATE. This Act shall take effect on the date which is 45 days after the date of its enactment.

Establishes the Commission on Information Technology and Paperwork Reduction in order to minimize the information reporting burden imposed by the Federal Government, consistent with the information needs of the Government for policy purposes. Lists specific Commission functions, which include the study and review of former Commission on Paperwork recommendations for paperwork reduction. Requires a final Commission report to the Congress and the President and action by the Office of Management and Budget on Commission recommendations.

To establish the Commission on Information Technology and Paperwork Reduction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``StartUp Visa Act of 2010''. SEC. 2. STARTUP VISAS. (a) In General.--Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 203(b)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: ``(6) Sponsored entrepreneurs.-- ``(A) In general.--StartUp visas shall be made available, from the number of visas allocated under paragraph (5), to qualified immigrant entrepreneurs-- ``(i) who have proven that a qualified venture capitalist or a qualified super angel investor has invested not less than $100,000 on behalf of each such entrepreneur in an equity financing of not less than $250,000; and ``(ii) whose commercial activities will, during the 2-year period beginning on the date on which the visa is issued under this subparagraph-- ``(I) create not fewer than 5 new full-time jobs in the United States employing people other than the immigrant's spouse, sons, or daughters; ``(II) raise not less than $1,000,000 in capital investment in furtherance of a commercial entity based in the United States; or ``(III) generate not less than $1,000,000 in revenue. ``(B) Definitions.--In this paragraph: ``(i) Qualified super angel investor.--The term qualified super angel investor means an individual who-- ``(I) is an accredited investor (as defined in section 230.501(a) of title 17, Code of Federal Regulations); ``(II) is a United States citizen; and ``(III) has made at least 2 equity investments of not less than $50,000 in each of the previous 3 years. ``(ii) Qualified venture capitalist.--The term `qualified venture capitalist' means an entity that-- ``(I) is classified as a `venture capital operating company' under section 2510.3-101(d) of the Code of Federal Regulations; ``(II) is based in the United States; ``(III) is comprised of partners, the majority of whom are United States citizens; ``(IV) has capital commitments of not less than $10,000,000; ``(V) has been operating for at least 2 years; and ``(VI) has made at least 2 investments of not less than $500,000 during each of the most recent 2 years.''. (b) Conditional Permanent Resident Status.--Section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b) is amended-- (1) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (2) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``(as defined in subsection (f)(1))'' and inserting ``, sponsored entrepreneur''; and (ii) by striking ``(as defined in subsection (f)(2)) shall'' and inserting ``shall each''; and (B) in paragraph (2)(A), by inserting ``sponsored entrepreneur,'' after ``alien entrepreneur,''; (3) in subsection (b), by adding at the end the following: ``(3) Sponsored entrepreneurs.--The Secretary of Homeland Security shall terminate the permanent resident status of a sponsored entrepreneur and the alien spouse and children of such entrepreneur if the Secretary determines, not later than 3 years after the date on which such permanent resident status was conferred, that-- ``(A) the qualified venture capitalist or qualified super angel investor who sponsored the entrepreneur failed to meet the investment requirements under section 203(b)(6)(A)(i); or ``(B) the entrepreneur failed to meet the job creation, capital investment, or revenue generation requirements under section 203(b)(6)(A)(ii).''; (4) in subsection (c)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by inserting ``sponsored entrepreneur,'' after ``alien entrepreneur,''; and (ii) by striking ``alien entrepreneur must'' each place such term appears and inserting ``entrepreneur shall''; and (B) in paragraph (3)-- (i) in subparagraph (A)(ii), by inserting ``or sponsored entrepreneur'' after ``alien entrepreneur''; and (ii) in subparagraph (C), by inserting ``sponsored entrepreneur,'' after ``alien entrepreneur''; (5) in subsection (d)(1)-- (A) in the matter preceding subparagraph (A), by striking ``alien'' and inserting ``alien entrepreneur or sponsored entrepreneur, as applicable''; (B) in clause (i), by striking ``invested, or is actively in the process of investing,'' and inserting ``has invested, is actively in the process of investing, or has been sponsored by a qualified super angel investor or qualified venture capitalist who has invested,''; and (C) in clause (ii), by inserting ``or 203(b)(6), as applicable'' before the period at the end; and (6) in subsection (f), by adding at the end the following: ``(4) The term `sponsored entrepreneur' means an alien who obtains the status of an alien lawfully admitted for permanent residence under section 203(b)(6).''.

StartUp Visa Act of 2010 - Amends the Immigration and Nationality Act to establish an employment-based, conditional immigrant visa (StartUp visa) for a sponsored alien entrepreneur: (1) with required amounts of financial backing from a qualifying investor or venture capitalist; and (2) whose commercial activities will generate required levels of employment, revenue, or capital investment. Directs the Secretary of Homeland Security (DHS) to terminate the status of a sponsored entrepreneur (and the alien spouse and children of such entrepreneur) if not later than three years after the date on which such permanent resident status was conferred: (1) the sponsoring venture capitalist or investor fails to meet investment requirements; or (2) the entrepreneur fails to meet job creation, capital investment, or revenue requirements.

A bill to establish an employment-based immigrant visa for alien entrepreneurs who have received significant capital from investors to establish a business in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hate Crimes Prevention Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) the incidence of violence motivated by the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability of the victim poses a serious national problem; (2) such violence disrupts the tranquility and safety of communities and is deeply divisive; (3) existing Federal law is inadequate to address this problem; (4) such violence affects interstate commerce in many ways, including-- (A) by impeding the movement of members of targeted groups and forcing such members to move across State lines to escape the incidence or risk of such violence; and (B) by preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment or participating in other commercial activity; (5) perpetrators cross State lines to commit such violence; (6) instrumentalities of interstate commerce are used to facilitate the commission of such violence; (7) such violence is committed using articles that have traveled in interstate commerce; (8) violence motivated by bias that is a relic of slavery can constitute badges and incidents of slavery; (9) although many State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias, Federal jurisdiction over certain violent crimes motivated by bias is necessary to supplement State and local jurisdiction and ensure that justice is achieved in each case; (10) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes; and (11) the problem of hate crime is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States and local jurisdictions. SEC. 3. DEFINITION OF HATE CRIME. In this Act, the term ``hate crime'' has the same meaning as in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note). SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE. Section 245 of title 18, United States Code, is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c)(1) Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person-- ``(A) shall be imprisoned not more than 10 years, or fined in accordance with this title, or both; and ``(B) shall be imprisoned for any term of years or for life, or fined in accordance with this title, or both if-- ``(i) death results from the acts committed in violation of this paragraph; or ``(ii) the acts committed in violation of this paragraph include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(2)(A) Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempts to cause bodily injury to any person, because of the actual or perceived religion, gender, sexual orientation, or disability of any person-- ``(i) shall be imprisoned not more than 10 years, or fined in accordance with this title, or both; and ``(ii) shall be imprisoned for any term of years or for life, or fined in accordance with this title, or both, if-- ``(I) death results from the acts committed in violation of this paragraph; or ``(II) the acts committed in violation of this paragraph include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(B) For purposes of subparagraph (A), the circumstances described in this subparagraph are that-- ``(i) in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce; or ``(ii) the offense is in or affects interstate or foreign commerce.''. SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION. (a) Amendment of Federal Sentencing Guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall study the issue of adult recruitment of juveniles to commit hate crimes and shall, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements (in addition to the sentencing enhancement provided for the use of a minor during the commission of an offense) for adult defendants who recruit juveniles to assist in the commission of hate crimes. (b) Consistency With Other Guidelines.--In carrying out this section, the United States Sentencing Commission shall-- (1) ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) avoid duplicative punishments for substantially the same offense. SEC. 6. GRANT PROGRAM. (a) Authority to Make Grants.--The Office of Justice Programs of the Department of Justice shall make grants, in accordance with such regulations as the Attorney General may prescribe, to State and local programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in investigating, prosecuting, and preventing hate crimes. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND LOCAL LAW ENFORCEMENT. There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for fiscal years 2000, 2001, and 2002 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 245 of title 18, United States Code (as amended by this Act). SEC. 8. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

Hate Crimes Prevention Act of 1999 - Amends the Federal criminal code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; or (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce. (Sec. 5) Directs the United States Sentencing Commission to study the issue of, and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for, adult defendants who recruit juveniles to assist in the commission of hate crimes. (Sec. 6) Requires the Office of Justice Programs of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations, including programs to train local law enforcement officers in investigating, prosecuting, and preventing hate crimes. (Sec. 7) Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting.

Hate Crimes Prevention Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearm Victims Prevention Act of 1996''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) according to the Centers for Disease Control, an estimated 34,000 Americans die from firearm injuries each year, including 25,000 from handgun violence; (2) firearms rank as the 8th leading cause of death in the United States and less than 5 percent of fatal shootings are unintentional; (3) the National Center for Health Statistics reported in March 1993 that, among Americans age 15 through 24, firearms are the cause of more deaths than all natural causes combined; (4) from 1979 to 1989, the firearm homicide rate among children age 15 through 19 increased 61 percent, while the nonfirearm homicide rate fell 29 percent; (5) more than 135,000 students carry handguns to school everyday, and an additional 270,000 students have carried a firearm to school at least once; (6) the United States leads industrialized nations in the percentage of households with firearms and the number of homicides with firearms; (7) according to the Centers for Disease Control, the estimated lifetime costs for firearm injuries that occurred in 1985 will be $14,400,000,000; (8) according to the 1991 Advisory Council on Social Security, the overall annual cost of firearms injury to the health care system in the United States is more than $4,000,000,000; (9) public funds pay for an estimated 85 percent of the cost of hospitalization for firearm injuries, excluding professional fees and the cost of ambulance, physical therapy, and other rehabilitative services; (10) the indirect costs of firearm-related injuries, such as disability payments, legal fees, and lost work time, are estimated to be 2 times the estimated annual direct cost of firearm injury; (11) more than 280,000 manufacturers, dealers and individuals are licensed to sell firearms in the United States; and (12) Federal firearm licenses are inexpensive, relatively easy to obtain, and may only be revoked upon criminal conviction. (b) Purpose.--The purpose of this Act is to help alleviate the public health care cost resulting from firearm-related injury and death by-- (1) establishing a transactional tax on the purchase of the firearms and ammunition most commonly associated with injury and death; (2) raising licensing fees for dealers who sell such firearms and ammunition; and (3) using funds generated from the transactional tax and licensing fees to help offset the health care cost resulting from firearm injury and death. SEC. 3. INCREASE IN TAX ON HANDGUNS AND ASSAULT WEAPONS. (a) Increase in Manufacturer's Tax.--Section 4181 of the Internal Revenue Code of 1986 (relating to imposition of tax on firearms) is amended to read as follows: ``SEC. 4181. IMPOSITION OF TAX. ``(a) Imposition of Tax.--There is hereby imposed upon the sale by the manufacturer, producer, or importer of any of the following articles a tax equivalent to the specified percent of the price for which so sold: ``(1) Articles taxable at 25 percent.--With respect to the following articles, the specified percent is 25 percent: ``(A) Handguns. ``(B) Assault weapons. ``(C) Large capacity magazines. ``(D) Shells and cartridges used in handguns and assault weapons. ``(2) Articles taxable at 11 percent.--With respect to the following articles the specified percent is 11 percent: ``(A) Firearms (other than handguns, assault weapons, and pistols or revolvers). ``(B) Shells and cartridges not taxable at 25 percent. ``(3) Articles taxable at 10 percent.--With respect to pistols and revolvers not taxable at 25 percent under paragraph (1), the specified percent is 10 percent. ``(b) Definitions.--For purposes of subsection (a)-- ``(1) Handgun.--The term `handgun' means a firearm which, at the time of manufacture, had a barrel of less than 12 inches in length. ``(2) Assault weapon.--The term `assault weapon' means-- ``(A) a firearm-- ``(i) which-- ``(I) has a barrel of between 12 and 18 inches in length, and ``(II) is capable of receiving ammunition directly from a large capacity ammunition magazine, or ``(ii) which is a semiautomatic firearm which is-- ``(I) not recognized generally as particularly suitable for, or readily adaptable to, sporting purposes, or ``(II) concealable by a person, or ``(B) a firearm which is substantially functionally equivalent to a firearm described in subparagraph (A). ``(3) Large capacity ammunition magazine.--The term `large capacity ammunition magazine' means a detachable magazine, belt, drum, feed strip, or similar device which has, or which may be readily restored (or converted) to a device which has, a capacity of 15 or more rounds of ammunition.'' (b) Retail Tax on Subsequent Transactions Involving Assault Weapons and Handguns.-- (1) In general.--Chapter 31 of the Internal Revenue Code of 1986 (relating to retail excise taxes) is amended by adding at the end the following new subchapter: ``Subchapter D--Handguns and Assault Weapons ``Sec. 4056. Handguns and assault weapons. ``SEC. 4056. HANDGUNS AND ASSAULT WEAPONS. ``(a) Imposition of Tax.--There is hereby imposed on any sale, transfer, or other disposition by any person of a handgun, assault weapon, large capacity magazine, or shell or cartridge used in handguns and assault weapons a tax equal to 25 percent of the price for which sold, transferred, or disposed of. ``(b) Exceptions.-- ``(1) Coordination with manufacturer's tax.--If tax has been paid under section 4181 with respect to any article, no tax shall be imposed under subsection (a) on such article until a sale, transfer, or disposition occurring after the first retail sale of the article. ``(2) Defense department.--No tax shall be imposed by subsection (a) on any sale described in section 4182(b). ``(c) Definitions.--For purposes of this section, the terms `handgun', `assault weapon', and `large capacity magazine' have the meanings given such terms by section 4181(b).'' (2) Conforming amendment.--The table of subchapters for chapter 31 of such Code is amended by adding at the end the following new item: ``Subchapter D. Handguns and assault weapons.'' (c) Effective Date.--The amendments made by this section shall apply to sales, transfers, and other dispositions after the 30th day after the date of the enactment of this Act. SEC. 4. HEALTH CARE TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9512. HEALTH CARE TRUST FUND. ``(a) Establishment of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Health Care Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to the Trust Fund.--There are hereby appropriated to the Health Care Trust Fund amounts equivalent to-- ``(1) the taxes received in the Treasury under section 4056, ``(2) the taxes received in the Treasury under section 4181 which are attributable to the tax on articles subject to the 25-percent rate, and ``(3) the amounts described in the last sentence of section 923(a) of title 18, United States Code. ``(c) Expenditures From Trust Fund.--Funds in the Health Care Trust Fund shall be available, as provided in appropriations Acts, only for the purpose of making grants to assist hospitals, trauma centers, or other health care providers that have incurred substantial uncompensated costs in providing medical care to gunshot victims, except that no single hospital, trauma center, or health care provider may receive more than one-tenth of 1 percent of the funds appropriated under this section. ``(d) Eligibility for Trust Fund Moneys.--A hospital, trauma center, or other health care provider is eligible to apply for grants from the Health Care Trust Fund for any calendar year if the hospital, trauma center, or health care provider-- ``(1) is in compliance with Federal and State certification and licensing requirements; ``(2) is a not-for-profit entity; and ``(3) has incurred substantial uncompensated costs during the previous calendar year in providing medical care to gunshot victims. ``(e) Regulations for Trust Fund.--The Secretary shall, not later than 60 days after the date of enactment of this section and in consultation with the Secretary of Health and Human Services, issue such regulations as are necessary to implement the provisions of this section.'' (b) Conforming Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Health Care Trust Fund.'' SEC. 5. LICENSE APPLICATION FEES FOR DEALERS IN FIREARMS. (a) In General.--Section 923(a) of title 18, United States Code, is amended-- (1) in paragraph (3)(B), by striking ``$200'' and all that follows through ``$90 for 3 years'' and inserting ``$2,500 per year''; and (2) by adding at the end the following: ``There are hereby appropriated to the Health Care Trust Fund established under section 9512 of the Internal Revenue Code of 1986 (26 U.S.C. 9512) one-half of the revenue from the fees collected under paragraph (3)(B).'' (b) Effective Date.--The amendments made by this section shall apply to license applications filed after the 30th day after the date of the enactment of this Act.

Firearm Victims Prevention Act of 1996 - Amends the Internal Revenue Code to increase the excise tax on manufacturers of certain handguns, assault weapons, and ammunition. Imposes a retail excise tax on the sale, transfer, or other disposition of such weapons and ammunition. Establishes the Health Care Trust Fund to make grants to facilities providing medical care to gunshot victims. Amends the Federal criminal code to increase the license application fees for dealers in firearms. Appropriates to the Trust Fund certain revenue from the excise taxes and the increased fees.

Firearm Victims Prevention Act of 1996

SECTION 1. DEFINITIONS. For purposes of this Act-- (1) the term ``Commissioner'' means the Commissioner of U.S. Customs and Border Protection; (2) the term ``U.S. Customs and Border Protection'' means U.S. Customs and Border Protection of the Department of Homeland Security; (3) the term ``competitive service'' has the meaning given such term by section 2102 of title 5, United States Code; and (4) the term ``overseas limited appointment'' means an appointment under-- (A) subpart B of part 301 of title 5 of the Code of Federal Regulations, as in effect on January 1, 2008; or (B) any similar antecedent or succeeding authority, as determined by the Commissioner. SEC. 2. AUTHORITY TO CONVERT CERTAIN OVERSEAS LIMITED APPOINTMENTS TO PERMANENT APPOINTMENTS. (a) In General.--Notwithstanding chapter 33 of title 5, United States Code, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Commissioner may convert an employee serving under an overseas limited appointment within U.S. Customs and Border Protection to a permanent appointment in the competitive service within U.S. Customs and Border Protection, if-- (1) as of the time of conversion, the employee has completed at least 2 years of current continuous service under 1 or more overseas limited appointments; and (2) the employee's performance has, throughout the period of continuous service referred to in paragraph (1), been rated at least fully successful or the equivalent. An employee whose appointment is converted under the preceding sentence acquires competitive status upon conversion. (b) Indemnification and Privileges.-- (1) Indemnification.--The United States shall, in the case of any individual whose appointment is converted under subsection (a), indemnify and hold such individual harmless from any claim arising from any event, act, or omission-- (A) that arises from the exercise of such individual's official duties, including by reason of such individual's residency status, in the foreign country in which such individual resides at the time of conversion; (B) for which the individual would not have been liable had the individual enjoyed the same privileges and immunities in the foreign country as an individual who either was a permanent employee, or was not a permanent resident, in the foreign country at the time of the event, act, or omission involved; and (C) that occurs before, on, or after the date of the enactment of this Act, including any claim for taxes owed to the foreign country or a subdivision thereof. (2) Services and payments.-- (A) In general.--In the case of any individual whose appointment is converted under subsection (a), the United States shall provide to such individual (including any dependents) services and monetary payments-- (i) equivalent to the services and monetary payments provided to other U.S. Customs and Border Protection employees in similar positions (and their dependents) in the same country of assignment by international agreement, an exchange of notes, or other diplomatic policy; and (ii) for which such individual (including any dependents) was not eligible by reason of such individual's overseas limited appointment. (B) Applicability.--Services and payments under this paragraph shall be provided to an individual (including any dependents) to the same extent and in the same manner as if such individual had held a permanent appointment in the competitive service throughout the period described in subsection (a)(1). (c) Guidance on Implementation.--The Commissioner shall implement the conversion of an employee serving under an overseas limited appointment to a permanent appointment in the competitive service in a manner that-- (1) meets the operational needs of the U.S. Customs and Border Protection; and (2) to the greatest extent practicable, is not disruptive to the employees affected under this Act. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to affect the pay of any individual for services performed by such individual before the date of the conversion of such individual. SEC. 4. TERMINATION. The authority of the Commissioner to convert an employee serving under an overseas limited appointment within U.S. Customs and Border Protection to a permanent appointment in the competitive service within U.S. Customs and Border Protection shall terminate on the date that is 2 years after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes the Commissioner of U.S. Customs and Border Protection (CBP) to convert an employee serving under an overseas limited appointment for at least two years of current continuous service, whose service is rated at least fully successful throughout that time, to a permanent appointment in the competitive service. Directs the United States to: (1) indemnify and hold such individual whose appointment is converted harmless from any claim arising from any event, act, or omission that arises from the exercise of such individual's official duties; and (2) provide to such individual (including any dependents) services and monetary payments which are equivalent to those provided to other CBP employees in similar positions in the same country of assignment and for which such individual was not eligible by reason of such individual's overseas limited appointment. Directs the Commissioner to implement such a conversion in a manner that: (1) meets the operational needs of the CBP; and (2) is not disruptive to the employees affected. Provides that: (1) nothing in this Act shall be construed to affect the pay of any individual for services performed before the date of his or her conversion; and (2) the authority of the Commissioner to convert an employee under this Act shall terminate two years after enactment.

To allow certain U.S. Customs and Border Protection employees who serve under an overseas limited appointment for at least 2 years, and whose service is rated fully successful or higher throughout that time, to be converted to a permanent appointment in the competitive service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings for Seniors Act of 2005''. SEC. 2. INTERIM PROTECTIONS FOR SOCIAL SECURITY TRUST FUND SURPLUS. (a) In General.--Section 201(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; and (2) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after each fiscal year after 2007, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `social security surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year, ``(II) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year, and ``(III) the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund, over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year, and ``(II) amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2007, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act.'.''. SEC. 3. SOCIAL SECURITY INVESTMENT COMMISSION. (a) Establishment.--There is established in the executive branch of the Government a Social Security Investment Commission. (b) Study and Report.--As soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund, other than investment in the form of obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. Not later than October 1, 2007, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. (c) Composition.--The Commission shall be composed of-- (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate. (d) Membership Requirements.--Members of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of Appointments.--Members of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (f) Duties.--As soon as the Commission shall-- (1) administer the program established under this part; (2) establish policies for the investment and management of the Savings Fund, including the Tier I Investment Fund and the Tier II Investment Fund, and amounts held under Tier III Investment Options, including policies applicable to the asset managers, recordkeepers, and custodians with responsibility for managing the investment of amounts credited to personal social security investment accounts, and for the management and operation of personal social security savings annuities, which shall provide for-- (A) prudent investments suitable for accumulating funds for payment of retirement income; (B) sound management practices; and (C) low administrative costs; (3) review the performance of investments made for the Tier I Investment Fund and the Tier II Investment Fund; (4) review the performance of investments made under Tier III Investment Options; (5) review the management and operation of personal social security savings annuities; (6) review and approve the budget of the Commission; and (7) comply with the fiduciary requirements of part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (relating to fiduciary responsibility) in connection with any exercise of discretion in connection with the assets of the Savings Fund. (g) Administrative Provisions.-- (1) Meetings.--The Commission shall meet-- (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers.-- (A) In general.--The Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies.--A vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. (h) Compensation.-- (1) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses.--A member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Commission. (i) Termination.--The Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).

Savings for Seniors Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account to hold the Social Security surplus. Denies the availability of the balance in the Account for investment by the Managing Trustee. Establishes in the executive branch of Government a Social Security Investment Commission to study and report to the President and Congress on the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund, other than investment in the form of U.S. obligations resulting in the transfer of Trust Fund assets to the general fund of the Treasury.

To amend title II of the Social Security Act to establish a Social Security Surplus Protection Account in the Federal Old-Age and Survivors Insurance Trust Fund to hold the Social Security surplus, to provide for suspension of investment of amounts held in the Account until enactment of legislation providing for investment of the Trust Fund in investment vehicles other than obligations of the United States, and to establish a Social Security Investment Commission to make recommendations for alternative forms of investment of the Social Security surplus in the Trust Fund.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Paperwork Amnesty Act of 2006''. SEC. 2. SUSPENSION OF FINES FOR FIRST-TIME PAPERWORK VIOLATIONS BY SMALL BUSINESS CONCERNS. Section 3506 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), is amended by adding at the end the following: ``(j) Small Businesses.-- ``(1) Small business concern.--In this subsection, the term `small business concern' means a business concern that meets the requirements of section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and the regulations promulgated under that section. ``(2) In general.--In the case of a first-time violation by a small business concern of a requirement regarding the collection of information by an agency, the head of such agency shall not impose a civil fine on the small business concern unless the head of the agency determines that-- ``(A) the violation has the potential to cause serious harm to the public interest; ``(B) failure to impose a civil fine would impede or interfere with the detection of criminal activity; ``(C) the violation is a violation of an internal revenue law or a law concerning the assessment or collection of any tax, debt, revenue, or receipt; ``(D) the violation was not corrected on or before the date that is 6 months after the date of receipt by the small business concern of notification of the violation in writing from the agency; or ``(E) except as provided in paragraph (3), the violation presents a danger to the public health or safety. ``(3) Danger to public health or safety.-- ``(A) In general.--In any case in which the head of an agency determines under paragraph (2)(E) that a violation presents a danger to the public health or safety, the head of the agency may, notwithstanding paragraph (2)(E), determine not to impose a civil fine on the small business concern if the violation is corrected not later than 24 hours after receipt by the small business owner of notification of the violation in writing. ``(B) Considerations.--In determining whether to provide a small business concern with 24 hours to correct a violation under subparagraph (A), the head of the agency shall take into account all of the facts and circumstances regarding the violation, including-- ``(i) the nature and seriousness of the violation, including whether the violation is technical or inadvertent or involves willful or criminal conduct; ``(ii) whether the small business concern has made a good faith effort to comply with applicable laws and to remedy the violation within the shortest practicable period of time; and ``(iii) whether the small business concern has obtained a significant economic benefit from the violation. ``(C) Notice to congress.--In any case in which the head of the agency imposes a civil fine on a small business concern for a violation that presents a danger to the public health or safety and does not provide the small business concern with 24 hours to correct the violation under subparagraph (A), the head of the agency shall notify Congress regarding such determination not later than the date that is 60 days after the date that the civil fine is imposed by the agency. ``(4) Limited to first-time violations.-- ``(A) In general.--This subsection shall not apply to any violation by a small business concern of a requirement regarding collection of information by an agency if such small business concern previously violated any requirement regarding collection of information by that agency. ``(B) Other agencies.--For purposes of making a determination under subparagraph (A), the head of an agency shall not take into account any violation of a requirement regarding collection of information by another agency.''.

Small Business Paperwork Amnesty Act of 2006 - Amends the Paperwork Reduction Act to direct agency heads not to impose civil fines for first-time paperwork violations by small business concerns unless there is potential for serious harm to the public interest, the detection of criminal activity would be impaired, the violation is not corrected within six months, the violation is a violation of internal revenue law or a law concerning the assessment or collection of any tax, debt, revenue, or receipt, or the violation presents a danger to the public health or safety. Permits an agency to determine that a fine should not be imposed for a violation that presents a danger to public health or safety if the violation is corrected within 24 hours after receipt by the small business owner of notification of the violation in writing. Makes this Act inapplicable to any violation by a small business of a requirement regarding the collection of information by an agency if the small business previously violated any requirement concerning the collection of information by that agency.

To amend title 44 of the United States Code, to provide for the suspension of fines under certain circumstances for first-time paperwork violations by small business concerns.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Reauthorization Tax Act of 2005''. SEC. 2. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUNDS. (a) Extension of Taxes.-- (1) In general.--The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``2005'' each place it appears and inserting ``2011'': (A) Section 4041(a)(1)(C)(iii)(I) (relating to rate of tax on certain buses). (B) Section 4041(a)(2)(B) (relating to rate of tax on special motor fuels). (C) Section 4041(m)(1) (relating to certain alcohol fuels). (D) Section 4051(c) (relating to termination of tax on heavy trucks and trailers). (E) Section 4071(d) (relating to termination of tax on tires). (F) Section 4081(d)(1) (relating to termination of tax on gasoline, diesel fuel, and kerosene). (G) Section 4481(f) (relating to period tax in effect). (H) Section 4482(c)(4) (relating to taxable period). (I) Section 4482(d) (relating to special rule for taxable period in which termination date occurs). (2) Floor stocks refunds.--Section 6412(a)(1) of such Code (relating to floor stocks refunds) is amended-- (A) by striking ``2005'' each place it appears and inserting ``2011'', and (B) by striking ``2006'' each place it appears and inserting ``2012''. (b) Extension of Certain Exemptions.--The following provisions of such Code are each amended by striking ``2005'' and inserting ``2011'': (1) Section 4221(a) (relating to certain tax-free sales). (2) Section 4483(h) (relating to termination of exemptions for highway use tax). (c) Extension of Deposits Into Trust Funds.-- (1) In general.--Paragraphs (1) and (2) of subsection (b), and paragraphs (2) and (3) of subsection (c), of section 9503 of such Code (relating to the Highway Trust Fund) are each amended-- (A) by striking ``2005'' each place it appears and inserting ``2011'', and (B) by striking ``2006'' each place it appears and inserting ``2012''. (2) Motorboat and small-engine fuel tax transfers.-- (A) In general.--Paragraphs (4)(A)(i) and (5)(A) of section 9503(c) of such Code are each amended by striking ``2005'' and inserting ``2011''. (B) Conforming amendments to land and water conservation fund.--Section 201(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l- 11(b)) is amended-- (i) by striking ``2003'' and inserting ``2009'', and (ii) by striking ``2004'' each place it appears and inserting ``2010''. (d) Extension and Expansion of Expenditures From Trust Funds.-- (1) Highway trust fund.-- (A) Highway account.--Paragraph (1) of section 9503(c) of such Code is amended-- (i) in the matter before subparagraph (A), by striking ``June 1, 2005'' and inserting ``October 1, 2009'', (ii) by striking ``or'' at the end of subparagraph (J), (iii) by striking the period at the end of subparagraph (K) and inserting ``, or'', (iv) by inserting after subparagraph (K) the following new subparagraph: ``(L) authorized to be paid out of the Highway Trust Fund under the Transportation Equity Act: A Legacy for Users.'', and (v) in the matter after subparagraph (L), as added by clause (iv), by striking ``Surface Transportation Extension Act of 2004, Part V'' and inserting ``Transportation Equity Act: A Legacy for Users''. (B) Mass transit account.--Paragraph (3) of section 9503(e) of such Code is amended-- (i) in the matter before subparagraph (A), by striking ``June 1, 2005'' and inserting ``October 1, 2009'', (ii) by striking ``or'' at the end of subparagraph (H), (iii) by inserting ``or'' at the end of subparagraph (I), (iv) by inserting after subparagraph (I) the following new subparagraph: ``(J) Transportation Equity Act: A Legacy for Users,'', and (v) in the matter after subparagraph (J), as added by clause (iv), by striking ``Surface Transportation Extension Act of 2004, Part V'' and inserting ``Transportation Equity Act: A Legacy for Users''. (C) Exception to limitation on transfers.-- Subparagraph (B) of section 9503(b)(6) of such Code is amended by striking ``June 1, 2005'' and inserting ``October 1, 2009''. (2) Aquatic resources trust fund.-- (A) Sport fish restoration account.--Paragraph (2) of section 9504(b) of such Code is amended by striking ``Surface Transportation Extension Act of 2004, Part V'' each place it appears and inserting ``Transportation Equity Act: A Legacy for Users'' . (B) Boat safety account.--Subsection (c) of section 9504 of such Code is amended-- (i) by striking ``June 1, 2005'' and inserting ``October 1, 2009'', and (ii) by striking ``Surface Transportation Extension Act of 2004, Part V'' and inserting ``Transportation Equity Act: A Legacy for Users'' . (C) Exception to limitation on transfers.-- Paragraph (2) of section 9504(d) of such Code is amended by striking ``June 1, 2005'' and inserting ``October 1, 2009''. (e) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. TECHNICAL CORRECTIONS REGARDING HIGHWAY-RELATED TAXES. (a) Amendments Related to Section 301 of the American Jobs Creation Act of 2004.--Section 6427 of such Code is amended-- (1) by striking subsection (f), and (2) by striking subsection (o) and redesignating subsection (p) as subsection (o). (b) Amendments Related to Section 853 of the American Jobs Creation Act of 2004.-- (1) Subparagraph (C) of section 4081(a)(2) of the Internal Revenue Code of 1986 is amended by striking ``for use in commercial aviation'' and inserting ``for use in commercial aviation by a person registered for such use under section 4101''. (2) So much of paragraph (2) of section 4081(d) of such Code as precedes subparagraph (A) is amended to read as follows: ``(2) Aviation fuels.--The rates of tax specified in clauses (ii) and (iv) of subsection (a)(2)(A) shall be 4.3 cents per gallon--''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the American Jobs Creation Act of 2004 to which they relate.

Highway Reauthorization Tax Act of 2005 - (Sec. 2) Amends the Internal Revenue Code to extend through FY 2011 excise tax provisions relating to: (1) certain buses; (2) special motor fuels; (3) certain alcohol fuels; (4) heavy trucks and trailers; (5) tires; (6) gasoline, diesel fuel, and kerosene; (7) heavy vehicles; (8) taxable periods for highway motor vehicles; and (9) floor stock refunds. Extends through FY 2011: (1) fuel excise tax exemptions for certain tax-free sales and for the highway use tax; (2) authority for transfers of fuel excise tax revenues to the Highway Trust Fund; and (3) authority for transfers from the Highway Trust Fund to the Boat Safety Account to equal motorboat fuel taxes and small-engine fuel taxes collected during a specified period. Extends through FY 2009 authority for expenditures from the Highway Trust Fund and the Mass Transit Account for certain Federal-aid highway programs. Extends through FY 2009 authority for expenditures from the the Boat Safety Account and for limitations on transfers to the Aquatic Resources Trust Fund. (Sec. 3) Eliminates certain refund provisions relating to reductions in tax rates for alcohol fuels and taxable fuels enacted by the American Jobs Creation Act of 2004. Terminates the 21.8 cents per gallon tax rate for aviation jet fuel after September 30, 2007, reducing such rate to 4.3 cents per gallon. Requires users of aviation jet fuel to register with the Internal Revenue Service to qualify for reduced tax rates.

To amend the Internal Revenue Code of 1986 to provide for the extension of highway-related taxes and trust funds, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Blue Campaign Authorization Act of 2017''. SEC. 2. ENHANCED DEPARTMENT OF HOMELAND SECURITY COORDINATION THROUGH THE BLUE CAMPAIGN. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following: ``SEC. 434. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN. ``(a) Definition.--In this section, the term `human trafficking' means an act or practice described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). ``(b) Establishment.--There is established within the Department a program, which shall be known as the `Blue Campaign'. The Blue Campaign shall be headed by a Director, who shall be appointed by the Secretary. ``(c) Purpose.--The purpose of the Blue Campaign shall be to unify and coordinate Department efforts to address human trafficking. ``(d) Responsibilities.--The Secretary, working through the Director, shall, in accordance with subsection (e)-- ``(1) issue Department-wide guidance to appropriate Department personnel; ``(2) develop training programs for such personnel; and ``(3) coordinate departmental efforts, including training for such personnel. ``(e) Guidance and Training.--The Blue Campaign shall provide guidance and training to appropriate Department personnel and other Federal, State, tribal, and law enforcement personnel, as appropriate regarding-- ``(1) programs to help identify instances of human trafficking; ``(2) the types of information that should be collected and recorded in information technology systems utilized by the Department to help identify individuals suspected or convicted of human trafficking; ``(3) systematic and routine information sharing within the Department and among Federal, State, tribal, and local law enforcement agencies regarding-- ``(A) individuals suspected or convicted of human trafficking; and ``(B) patterns and practices of human trafficking; ``(4) techniques to identify suspected victims of trafficking along the United States border and at airport security checkpoints; ``(5) methods to be used by the Transportation Security Administration and personnel from other appropriate agencies-- ``(A) to train employees of the Transportation Security Administration to identify suspected victims of trafficking; and ``(B) to serve as a liaison and resource regarding human trafficking prevention to appropriate State, local, and private sector aviation workers and the traveling public; ``(6) utilizing resources, such as indicator cards, fact sheets, pamphlets, posters, brochures, and radio and television campaigns-- ``(A) to educate partners and stakeholders; and ``(B) to increase public awareness of human trafficking; ``(7) leveraging partnerships with State and local governmental, nongovernmental, and private sector organizations to raise public awareness of human trafficking; and ``(8) any other activities the Secretary determines necessary to carry out the Blue Campaign.''. (b) Clerical Amendment.--The table of contents of the Homeland Security Act of 2002 (Public Law 107-296) is amended by inserting after the item relating to section 433 the following: ``Sec. 434. Department of Homeland Security Blue Campaign.''. SEC. 3. INFORMATION TECHNOLOGY SYSTEMS. Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure, in accordance with the Department of Homeland Security-wide guidance required under section 434(d) of the Homeland Security Act of 2002, as added by section 2, the integration of information technology systems utilized within the Department to record and track information regarding individuals suspected or convicted of human trafficking. SEC. 4. REPORT. Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that-- (1) describes the status and effectiveness of the Department of Homeland Security Blue Campaign; and (2) provides a recommendation regarding the appropriate office within the Department of Homeland Security for the Blue Campaign. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $819,000 to carry out section 434 of the Homeland Security Act of 2002, as added by section 2. Passed the Senate October 5, 2017. Attest: Secretary. 115th CONGRESS 1st Session S. 1103 _______________________________________________________________________ AN ACT To amend the Homeland Security Act of 2002 to require the Secretary of Homeland Security to issue Department-wide guidance and to develop training programs as part of the Department of Homeland Security Blue Campaign, and for other purposes.

. The expanded summary of the Senate reported version is repeated here.) Department of Homeland Security Blue Campaign Authorization Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to establish within the Department of Homeland Security (DHS) the Blue Campaign to unify and coordinate DHS efforts to address human trafficking. The campaign shall provide guidance and training to appropriate DHS personnel and other law enforcement personnel regarding: programs to help identify instances of human trafficking; the types of information that should be collected and recorded in information technology systems utilized by DHS to help identify individuals suspected or convicted of human trafficking; systematic and routine information sharing within DHS and among law enforcement agencies regarding such individuals and patterns and practices of human trafficking; techniques to identify suspected trafficking victims along the U.S. border and at airport security checkpoints; methods to be used to train Transportation Security Administration employees to identify trafficking victims and to serve as a liaison and resource regarding trafficking prevention to appropriate state, local, and private sector aviation workers and the traveling public; utilizing resources to educate partners and stakeholders and to increase public awareness of human trafficking; and leveraging partnerships with governmental, nongovernmental, and private organizations to raise such awareness. (Sec. 3) DHS shall: (1) ensure the integration of information technology systems utilized within DHS to record and track information regarding individuals suspected or convicted of human trafficking; and (2) report to Congress describing the status and effectiveness of, and providing recommendation regarding the appropriate DHS office for, such campaign.

Department of Homeland Security Blue Campaign Authorization Act of 2017

SECTION 1. PROGRAM ON PROVISION OF READJUSTMENT AND MENTAL HEALTH CARE SERVICES TO VETERANS WHO SERVED IN OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM. (a) Program Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a program to provide-- (1) to veterans of Operation Iraqi Freedom and Operation Enduring Freedom, particularly veterans who served in such operations while in the National Guard and the Reserves-- (A) peer outreach services; (B) peer support services; (C) readjustment counseling and services described in section 1712A of title 38, United States Code; and (D) mental health services; and (2) to members of the immediate family of such a veteran, during the three-year period beginning on the date of the return of such veteran from deployment in Operation Iraqi Freedom and Operation Enduring Freedom, education, support, counseling, and mental health services to assist in-- (A) the readjustment of such veteran to civilian life; (B) in the case such veteran has an injury or illness incurred during such deployment, the recovery of such veteran; and (C) the readjustment of the family following the return of such veteran. (b) Contracts With Community Mental Health Centers and Qualified Entities for Provision of Services.--In carrying out the program required by subsection (a), the Secretary shall contract with community mental health centers and other qualified entities to provide the services required by such subsection in areas the Secretary determines are not adequately served by other health care facilities of the Department of Veterans Affairs. Such contracts shall require each contracting community health center or entity-- (1) to the extent practicable, to employ veterans trained under subsection (c); (2) to the extent practicable, to use telehealth services for the delivery of services required by subsection (a); (3) to participate in the training program conducted in accordance with subsection (d); (4) to comply with applicable protocols of the Department of Veterans Affairs before incurring any liability on behalf of the Department for the provision of the services required by subsection (a); (5) to submit annual reports to the Secretary containing, with respect to the program required by subsection (a) and for the last full calendar year ending before the submission of such report-- (A) the number of the veterans served, veterans diagnosed, and courses of treatment provided to veterans as part of the program required by subsection (a); and (B) demographic information for such services, diagnoses, and courses of treatment; (6) for each veteran for whom a community mental health center or other qualified entity provides mental health services under such contract, to provide the Department of Veterans Affairs with such clinical summary information as the Secretary shall require; and (7) to meet such other requirements as the Secretary shall require. (c) Training of Veterans for the Provision of Peer-Outreach and Peer-Support Services.--In carrying out the program required by subsection (a), the Secretary shall contract with a national not-for- profit mental health organization to carry out a national program of training for veterans described in subsection (a) to provide the services described in subparagraphs (A) and (B) of paragraph (1) of such subsection. (d) Training of Clinicians for Provision of Services.--The Secretary shall conduct a training program for clinicians of community mental health centers or entities that have contracts with the Secretary under subsection (b) to ensure that such clinicians can provide the services required by subsection (a) in a manner that-- (1) recognizes factors that are unique to the experience of veterans who served on active duty in Operation Iraqi Freedom or Operation Enduring Freedom (including their combat and military training experiences); and (2) utilizes best practices and technologies. (e) Reports Required.-- (1) Initial report on plan for implementation.--Not later than 45 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the plans of the Secretary to implement the program required by subsection (a). (2) Status report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the implementation of the program. Such report shall include the following: (A) Information on the number of veterans who received services as part of the program and the type of services received during the last full calendar year completed before the submission of such report. (B) An evaluation of the provision of services under paragraph (2) of subsection (a) and a recommendation as to whether the period described in such paragraph should be extended to a five-year period. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Veterans Affairs such sums as may be necessary to carry out this section. SEC. 2. EXTENSION OF ELIGIBILITY FOR HEALTH CARE SERVICES FROM DEPARTMENT OF VETERANS AFFAIRS FOR VETERANS OF SERVICE IN COMBAT THEATER. Section 1710(e)(3)(C) of title 38, United States Code, is amended by striking ``2 years'' and inserting ``5 years''.

Directs the Secretary of Veterans Affairs to establish a program to provide to veterans of Operations Iraqi Freedom and Enduring Freedom, particularly veterans who served in such Operations while in the National Guard and reserves: (1) peer outreach and support services; (2) readjustment counseling and related services; and (3) mental health services. Directs the Secretary to also provide to immediate family members of such veterans, during the three-year period following the return of the veterans from such a deployment, education, support, counseling, and mental health services to assist in: (1) readjustment to civilian life; (2) recovery from an injury or illness incurred during such deployment; and (3) readjustment of the family following the veteran's return. Authorizes the Secretary to contract with community health centers and other qualified entities to provide such services in areas not adequately served by health care facilities of the Department of Veterans Affairs (VA). Requires the Secretary to: (1) contract for a program to train veterans to provide the peer outreach and support services; and (2) conduct a training program for clinicians of community health centers and entities contracted to provide such services. Extends the eligibility for hospital care, medical services, and nursing home care for veterans who served on active duty in a theater of combat operations from two to five years after their discharge or release from such duty.

To require the Secretary of Veterans Affairs to establish a program for the provision of readjustment and mental health services to veterans who served in Operation Iraqi Freedom and Operation Enduring Freedom, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oceans Act of 2000''. SEC. 2. PURPOSE AND OBJECTIVES. The purpose of this Act is to establish a commission to make recommendations for coordinated and comprehensive national ocean policy that will promote-- (1) the protection of life and property against natural and manmade hazards; (2) responsible stewardship, including use, of fishery resources and other ocean and coastal resources; (3) the protection of the marine environment and prevention of marine pollution; (4) the enhancement of marine-related commerce and transportation, the resolution of conflicts among users of the marine environment, and the engagement of the private sector in innovative approaches for sustainable use of living marine resources and responsible use of non-living marine resources; (5) the expansion of human knowledge of the marine environment including the role of the oceans in climate and global environmental change and the advancement of education and training in fields related to ocean and coastal activities; (6) the continued investment in and development and improvement of the capabilities, performance, use, and efficiency of technologies for use in ocean and coastal activities, including investments and technologies designed to promote national energy and food security; (7) close cooperation among all government agencies and departments and the private sector to ensure-- (A) coherent and consistent regulation and management of ocean and coastal activities; (B) availability and appropriate allocation of Federal funding, personnel, facilities, and equipment for such activities; (C) cost-effective and efficient operation of Federal departments, agencies, and programs involved in ocean and coastal activities; and (D) enhancement of partnerships with State and local governments with respect to ocean and coastal activities, including the management of ocean and coastal resources and identification of appropriate opportunities for policy-making and decision-making at the State and local level; and (8) the preservation of the role of the United States as a leader in ocean and coastal activities, and, when it is in the national interest, the cooperation by the United States with other nations and international organizations in ocean and coastal activities. SEC. 3. COMMISSION ON OCEAN POLICY. (a) Establishment.--There is hereby established the Commission on Ocean Policy. The Federal Advisory Committee Act (5 U.S.C. App.), except for sections 3, 7, and 12, does not apply to the Commission. (b) Membership.-- (1) Appointment.--The Commission shall be composed of 16 members appointed by the President from among individuals described in paragraph (2) who are knowledgeable in ocean and coastal activities, including individuals representing State and local governments, ocean-related industries, academic and technical institutions, and public interest organizations involved with scientific, regulatory, economic, and environmental ocean and coastal activities. The membership of the Commission shall be balanced by area of expertise and balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission. (2) Nominations.--The President shall appoint the members of the Commission, within 90 days after the effective date of this Act, including individuals nominated as follows: (A) 4 members shall be appointed from a list of 8 individuals who shall be nominated by the Majority Leader of the Senate in consultation with the Chairman of the Senate Committee on Commerce, Science, and Transportation. (B) 4 members shall be appointed from a list of 8 individuals who shall be nominated by the Speaker of the House of Representatives in consultation with the Chairmen of the House Committees on Resources, Transportation and Infrastructure, and Science. (C) 2 members shall be appointed from a list of 4 individuals who shall be nominated by the Minority Leader of the Senate in consultation with the Ranking Member of the Senate Committee on Commerce, Science, and Transportation. (D) 2 members shall be appointed from a list of 4 individuals who shall be nominated by the Minority Leader of the House in consultation with the Ranking Members of the House Committees on Resources, Transportation and Infrastructure, and Science. (3) Chairman.--The Commission shall select a Chairman from among its members. The Chairman of the Commission shall be responsible for-- (A) the assignment of duties and responsibilities among staff personnel and their continuing supervision; and (B) the use and expenditure of funds available to the Commission. (4) Vacancies.--Any vacancy on the Commission shall be filled in the same manner as the original incumbent was appointed. (c) Resources.--In carrying out its functions under this section, the Commission-- (1) is authorized to secure directly from any Federal agency or department any information it deems necessary to carry out its functions under this Act, and each such agency or department is authorized to cooperate with the Commission and, to the extent permitted by law, to furnish such information (other than information described in section 552(b)(1)(A) of title 5, United States Code) to the Commission, upon the request of the Commission; (2) may enter into contracts, subject to the availability of appropriations for contracting, and employ such staff experts and consultants as may be necessary to carry out the duties of the Commission, as provided by section 3109 of title 5, United States Code; and (3) in consultation with the Ocean Studies Board of the National Research Council of the National Academy of Sciences, shall establish a multidisciplinary science advisory panel of experts in the sciences of living and non-living marine resources to assist the Commission in preparing its report, including ensuring that the scientific information considered by the Commission is based on the best scientific information available. (d) Staffing.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform its duties. The Executive Director shall be compensated at a rate not to exceed the rate payable for Level V of the Executive Schedule under section 5136 of title 5, United States Code. The employment and termination of an Executive Director shall be subject to confirmation by a majority of the members of the Commission. (e) Meetings.-- (1) Administration.--All meetings of the Commission shall be open to the public, except that a meeting or any portion of it may be closed to the public if it concerns matters or information described in section 552b(c) of title 5, United States Code. Interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject matter of the meeting. The Commission may administer oaths or affirmations to any person appearing before it: (A) All open meetings of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting. (B) Minutes of each meeting shall be kept and shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. Subject to section 552 of title 5, United States Code, the minutes and records of all meetings and other documents that were made available to or prepared for the Commission shall be available for public inspection and copying at a single location in the offices of the Commission. (2) Initial meeting.--The Commission shall hold its first meeting within 30 days after all 16 members have been appointed. (3) Required public meetings.--The Commission shall hold at least one public meeting in Alaska and each of the following regions of the United States: (A) The Northeast (including the Great Lakes). (B) The Southeast (including the Caribbean). (C) The Southwest (including Hawaii and the Pacific Territories). (D) The Northwest. (E) The Gulf of Mexico. (f) Report.-- (1) In general.--Within 18 months after the establishment of the Commission, the Commission shall submit to Congress and the President a final report of its findings and recommendations regarding United States ocean policy. (2) Required matter.--The final report of the Commission shall include the following assessment, reviews, and recommendations: (A) An assessment of existing and planned facilities associated with ocean and coastal activities including human resources, vessels, computers, satellites, and other appropriate platforms and technologies. (B) A review of existing and planned ocean and coastal activities of Federal entities, recommendations for changes in such activities necessary to improve efficiency and effectiveness and to reduce duplication of Federal efforts. (C) A review of the cumulative effect of Federal laws and regulations on United States ocean and coastal activities and resources and an examination of those laws and regulations for inconsistencies and contradictions that might adversely affect those ocean and coastal activities and resources, and recommendations for resolving such inconsistencies to the extent practicable. Such review shall also consider conflicts with State ocean and coastal management regimes. (D) A review of the known and anticipated supply of, and demand for, ocean and coastal resources of the United States. (E) A review of and recommendations concerning the relationship between Federal, State, and local governments and the private sector in planning and carrying out ocean and coastal activities. (F) A review of opportunities for the development of or investment in new products, technologies, or markets related to ocean and coastal activities. (G) A review of previous and ongoing State and Federal efforts to enhance the effectiveness and integration of ocean and coastal activities. (H) Recommendations for any modifications to United States laws, regulations, and the administrative structure of Executive agencies, necessary to improve the understanding, management, conservation, and use of, and access to, ocean and coastal resources. (I) A review of the effectiveness and adequacy of existing Federal interagency ocean policy coordination mechanisms, and recommendations for changing or improving the effectiveness of such mechanisms necessary to respond to or implement the recommendations of the Commission. (3) Consideration of factors.--In making its assessment and reviews and developing its recommendations, the Commission shall give equal consideration to environmental, technical feasibility, economic, and scientific factors. (4) Limitations.--The recommendations of the Commission shall not be specific to the lands and waters within a single State. (g) Public and Coastal State Review.-- (1) Notice.--Before submitting the final report to the Congress, the Commission shall-- (A) publish in the Federal Register a notice that a draft report is available for public review; and (B) provide a copy of the draft report to the Governor of each coastal State, the Committees on Resources, Transportation and Infrastructure, and Science of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. (2) Inclusion of governors' comments.--The Commission shall include in the final report comments received from the Governor of a coastal State regarding recommendations in the draft report. (h) Administrative Procedure for Report and Review.--Chapter 5 and chapter 7 of title 5, United States Code, do not apply to the preparation, review, or submission of the report required by subsection (e) or the review of that report under subsection (f). (i) Termination.--The Commission shall cease to exist 30 days after the date on which it submits its final report. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section a total of $6,000,000 for the 3 fiscal-year period beginning with fiscal year 2001, such sums to remain available until expended. SEC. 4. NATIONAL OCEAN POLICY. (a) National Ocean Policy.--Within 120 days after receiving and considering the report and recommendations of the Commission under section 3, the President shall submit to Congress a statement of proposals to implement or respond to the Commission's recommendations for a coordinated, comprehensive, and long-range national policy for the responsible use and stewardship of ocean and coastal resources for the benefit of the United States. Nothing in this Act authorizes the President to take any administrative or regulatory action regarding ocean or coastal policy, or to implement a reorganization plan, not otherwise authorized by law in effect at the time of such action. (b) Cooperation and Consultation.--In the process of developing proposals for submission under subsection (a), the President shall consult with State and local governments and non-Federal organizations and individuals involved in ocean and coastal activities. SEC. 5. BIENNIAL REPORT. Beginning in September, 2001, the President shall transmit to the Congress biennially a report that includes a detailed listing of all existing Federal programs related to ocean and coastal activities, including a description of each program, the current funding for the program, linkages to other Federal programs, and a projection of the funding level for the program for each of the next 5 fiscal years beginning after the report is submitted. SEC. 6. DEFINITIONS. In this Act: (1) Marine environment.--The term ``marine environment'' includes-- (A) the oceans, including coastal and offshore waters; (B) the continental shelf; and (C) the Great Lakes. (2) Ocean and coastal resource.--The term ``ocean and coastal resource'' means any living or non-living natural, historic, or cultural resource found in the marine environment. (3) Commission.--The term ``Commission'' means the Commission on Ocean Policy established by section 3. SEC. 7. EFFECTIVE DATE. This Act shall become effective on January 20, 2001. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the President to submit to Congress: (1) after considering the Commission's report, proposals for a coordinated, comprehensive, and long range national policy for the responsible use and stewardship of ocean and coastal resources for the benefit of the United States; and (2) a biennial report on all existing Federal programs related to ocean and coastal activities.

Oceans Act of 2000

SECTION 1. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM. (a) Definitions.--In this section: (1) Applicant.--The term ``applicant'' means a nonprofit organization that applies for a grant under this section. (2) Energy-efficiency improvement.-- (A) In general.--The term ``energy-efficiency improvement'' means an installed measure (including a product, equipment, system, service, or practice) that results in a reduction in use by a nonprofit organization for energy or fuel supplied from outside the nonprofit building. (B) Inclusions.--The term ``energy-efficiency improvement'' includes an installed measure described in subparagraph (A) involving-- (i) repairing, replacing, or installing-- (I) a roof or lighting system, or component of a roof or lighting system; (II) a window; (III) a door, including a security door; or (IV) a heating, ventilation, or air conditioning system or component of the system (including insulation and wiring and plumbing improvements needed to serve a more efficient system); (ii) a renewable energy generation or heating system, including a solar, photovoltaic, wind, geothermal, or biomass (including wood pellet) system or component of the system; and (iii) any other measure taken to modernize, renovate, or repair a nonprofit building to make the nonprofit building more energy efficient. (3) Nonprofit building.-- (A) In general.--The term ``nonprofit building'' means a building operated and owned by a nonprofit organization. (B) Inclusions.--The term ``nonprofit building'' includes a building described in subparagraph (A) that is-- (i) a hospital; (ii) a youth center; (iii) a school; (iv) a social-welfare program facility; (v) a faith-based organization; and (vi) any other nonresidential and noncommercial structure. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program to award grants for the purpose of retrofitting nonprofit buildings with energy-efficiency improvements. (c) Grants.-- (1) In general.--The Secretary may award grants under the program established under subsection (b). (2) Application.--The Secretary may award a grant under this section if an applicant submits to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe. (3) Criteria for grant.--In determining whether to award a grant under this section, the Secretary shall apply performance-based criteria, which shall give priority to applications based on-- (A) the energy savings achieved; (B) the cost-effectiveness of the energy-efficiency improvement; (C) an effective plan for evaluation, measurement, and verification of energy savings; (D) the financial need of the applicant; and (E) the percentage of the matching contribution by the applicant. (4) Limitation on individual grant amount.--Each grant awarded under this section shall not exceed-- (A) an amount equal to 50 percent of the energy- efficiency improvement; and (B) $200,000. (5) Cost sharing.-- (A) In general.--A grant awarded under this section shall be subject to a minimum non-Federal cost-sharing requirement of 50 percent. (B) In-kind contributions.--The non-Federal share may be provided in the form of in-kind contributions of materials or services. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2016 through 2020, to remain available until expended. (e) Offset.--Section 422(f) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082(f)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking ``2018.'' and inserting ``2015;''; and (3) by adding at the end the following: ``(5) $150,000,000 for fiscal year 2016; and ``(6) $200,000,000 for each of fiscal years 2017 and 2018.''.

This bill directs the Department of Energy to establish a pilot program to award grants, through FY2020, to nonprofit organizations for retrofitting their buildings with energy-efficiency improvements. This bill amends the Energy Independence and Security Act of 2007 to offset the costs of the grants by decreasing the amount of appropriations authorized for the Zero Net Energy Commercial Buildings Initiative in FY2016.

To require the Secretary of Energy to establish an energy efficiency retrofit pilot program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Local Aid and Economic Stimulus Act of 2003''. SEC. 2. ONE-TIME REVENUE GRANT TO STATES AND LOCAL GOVERNMENTS. (a) In General.--Chapter 67 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 6721. One-time revenue grant to States and local governments ``(a) Appropriation.--There is authorized to be appropriated and is appropriated to carry out this section $40,000,000,000 for fiscal year 2003. ``(b) Allotments.--From the amount appropriated under subsection (a) for fiscal year 2003, the Secretary of the Treasury shall, as soon as practicable after the date of the enactment of this Act, allot to each of the States as follows: ``(1) $20 billion based on population.-- ``(A) State level.--$10,000,000,000 shall be allotted among such States on the basis of the relative population of each such State, as determined by the Secretary on the basis of the most recent satisfactory data. ``(B) Local government level.--$10,000,000,000 shall be allotted among such States as determined under subparagraph (A) for distribution to the various units of general local government within such States on the basis of the relative population of each such unit within each such State, as determined by the Secretary on the basis of the most recent satisfactory data. ``(2) $20 billion based on change in unemployment rate.-- ``(A) Tier 1.-- ``(i) State level.--$2,500,000,000 shall be allotted among such States which have experienced a tier 1 unemployment rate on the basis of the relative number of unemployed individuals for calendar year 2002 in each such State, as determined by the Secretary on the basis of the most recent satisfactory data. ``(ii) Local government level.-- $2,500,000,000 shall be allotted among such States which have experienced a tier 1 unemployment rate as determined under clause (i) for distribution to the various units of general local government within such States on the basis of the relative number of unemployed individuals for calendar year 2002 in each such unit within each such State, as determined by the Secretary on the basis of the most recent satisfactory data. ``(B) Tier 2.-- ``(i) State level.--$7,500,000,000 shall be allotted among such States which have experienced a tier 2 unemployment rate on the basis of the relative number of unemployed individuals for calendar year 2002 in each such State, as determined by the Secretary on the basis of the most recent satisfactory data. ``(ii) Local government level.-- $7,500,000,000 shall be allotted among such States which have experienced a tier 2 unemployment rate as determined under clause (i) for distribution to the various units of general local government within such States on the basis of the relative number of unemployed individuals for calendar year 2002 in each such unit within each such State, as determined by the Secretary on the basis of the most recent satisfactory data. ``(c) Guidelines for Use of Funds.--It is the sense of Congress that priority for using the funds allotted under this section should be given to homeland security, medicaid, public health, highway construction, childcare, elementary, secondary, and higher education, and the prevention of additional property tax increases. ``(d) Definitions.--For purposes of this section-- ``(1) State.--The term `State' means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ``(2) Unit of general local government.-- ``(A) In general.--The term `unit of general local government' means-- ``(i) a county, parish, township, city, or political subdivision of a county, parish, township, or city, that is a unit of general local government as determined by the Secretary of Commerce for general statistical purposes; and ``(ii) the District of Columbia, the Commonwealth of Puerto Rico, and the recognized governing body of an Indian tribe or Alaskan native village that carries out substantial governmental duties and powers. ``(B) Treatment of subsumed areas.--For purposes of determining a unit of general local government under this section, the rules under section 6720(c) of title 31, United States Code, shall apply. ``(3) Unemployment.--With respect to any State or unit of general local government-- ``(A) Tier 1 unemployment rate.--The term `tier 1 unemployment rate' means an unemployment rate for calendar year 2002 which was at least .4 but not more than 1.0 percentage point greater than such rate for calendar year 2000. ``(B) Tier 2 unemployment rate.--The term `tier 2 unemployment rate' means an unemployment rate for calendar year 2002 which was more than 1.0 percentage point greater than such rate for calendar year 2000.''. (b) Conforming Amendment.--The table of sections for chapter 67 of title 31, United States Code, is amended by adding at the end the following new item: ``6721. One-time revenue grant to States and local governments.''.

State and Local Aid and Economic Stimulus Act of 2003 - Amends Federal law to authorize and make appropriations for FY 2003 for a one-time revenue grant to States and local governments.Specifies amounts to be allotted to each of the States based upon population and changes in unemployment rates.Declares the sense of Congress that priority for using funds allotted under this Act should be given to homeland security, medicaid, public health, highway construction, childcare, elementary, secondary, and higher education, and the prevention of additional property tax increases.

A bill to amend title 31, United States Code, to provide Federal aid and economic stimulus through a one-time revenue grant to the States and their local governments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Spending Transparency Act of 2011''. SEC. 2. PUBLIC AVAILABILITY OF AGGREGATE DATA ON MEDICARE PROVIDERS OF SERVICES AND SUPPLIERS. (a) Purpose.--The purpose of this section is to make aggregate information about providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) publicly available and to provide a new level of transparency in such program. (b) Public Availability.--Section 1128J of the Social Security Act (42 U.S.C. 1320a-7k) is amended by adding at the end the following new subsection: ``(f) Public Availability of Certain Medicare Data.-- ``(1) In general.--The Secretary shall, to the extent consistent with applicable information, privacy, security, and disclosure laws, including the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 552a of title 5, United States Code, make available to the public on the Internet website of the Centers for Medicare & Medicaid Services the following data with respect to title XVIII: ``(A) A complete list of the providers of services and suppliers participating in the program under such title, including the business address of such providers of services and suppliers. ``(B) Aggregate information about each such provider of services and supplier, including-- ``(i) the total number of individuals furnished items or services by the provider of services or supplier for which payment was made under such title during the preceding year; ``(ii) the number of unique patient encounters conducted by the provider of services or supplier for which payment was made under such title during the preceding year; ``(iii) the average number of codes billed under such title by the provider of services of supplier per patient encounter during the preceding year; ``(iv) the total amount paid to such provider of services or supplier under such title during the preceding year; ``(v) the top 50 billing codes on claims paid under such title to the provider of services or supplier during the preceding year, as determined by volume, including a description of such codes; ``(vi) the top 50 billing codes on such claims paid during such year, as determined by dollar amount, including a description of such codes; and ``(vii) the top 50 diagnosis and procedure code pairs on such claims paid during such year, as determined by volume, including a description of such codes. ``(2) Implementation.--Not later than 1 year after the date of enactment of the Medicare Spending Transparency Act of 2011, the Secretary shall promulgate regulations to carry out this subsection.''. SEC. 3. ACCESS TO MEDICARE CLAIMS AND PAYMENT DATA BY QUALIFIED INDIVIDUALS AND GROUPS. (a) Purpose.--The purpose of this section is to allow qualified individuals and groups access to information on claims and payment data under the Medicare program for purposes of conducting health research and detecting fraud under such program. (b) Access to Medicare Claims and Payment Data by Qualified Individuals and Groups.--Section 1128J of the Social Security Act (42 U.S.C. 1320a-7k), as amended by section 2, is amended by adding at the end the following new subsection: ``(g) Access to Medicare Claims and Payment Data by Qualified Individuals and Groups.-- ``(1) In general.--For purposes of conducting health research and detecting fraud under title XVIII, and to the extent consistent with applicable information, privacy, security, and disclosure laws, including the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 552a of title 5, United States Code, and subject to any information systems security requirements under such laws or otherwise required by the Secretary, a qualified individual or group shall have access to claims and payment data of the Department of Health and Human Services and its contractors related to title XVIII. Notwithstanding any other provision of law, such data shall include the identity of individual providers of services and suppliers under such title. ``(2) Definition of qualified individual or group.-- ``(A) In general.--In this subsection, the term `qualified individual or group' means an individual or entity that the Secretary has determined, in accordance with subparagraph (B), has relevant experience, knowledge, and technical expertise in medicine, statistics, health care billing, practice patterns, health care fraud detection, and analysis to use data provided to the individual or the entity under this subsection in an appropriate, responsible, and ethical manner and for the purposes described in paragraph (1). ``(B) Procedures.--The Secretary shall establish procedures for determining, in a timely manner, whether an individual or entity is a qualified individual or group. ``(3) Procedures.--The Secretary shall establish procedures for the storage and use of data provided to a qualified individual or group under this subsection. Such procedures shall ensure that, in the case where the qualified individual or group publishes an analysis of such data (or any analysis using such data), the qualified individual or group discloses the following information (in a form and manner, and at a time, specified by the Secretary): ``(A) The name of the qualified individual or group. ``(B) The sources of any funding for the qualified individual or group. ``(C) Any employer or other relevant affiliations of the qualified individual or group. ``(D) The data analysis methods used by the qualified individual or group in the analysis involved.''.

Medicare Spending Transparency Act of 2011 - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), consistent with applicable information, privacy, security, and disclosure laws, to make public on the Internet website of the Centers for Medicare and Medicaid Services the following data with respect to SSA title XVIII (Medicare): (1) a complete list of service providers and suppliers participating in the Medicare program, including their business addresses; and (2) certain aggregate information about each provider and supplier. Entitles a qualified individual or group, for health research and fraud detection purposes, to access to Medicare claims and payment data of both HHS and its contractors. Directs the Secretary to establish procedures for the storage and use of data provided to such an individual or group.

A bill to amend title XI of the Social Security Act to make available to the public aggregate data on providers of services and suppliers under the Medicare program and to allow qualified individuals and groups access to claims and payment data under the Medicare program for purposes of conducting health research and detecting fraud.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century STEM Competitive Jobs Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Harvard Graduate School of Education's report ``Pathways to Prosperity'' cites research that shows employers across the country continue to see that young adults are not equipped with the skills and work experience needed to succeed in the 21st century workforce. In addition, research shows that courses that include a vocational or work-based component best prepare students to succeed in the workplace. (2) Numerous reports by national advisory groups, including the President's Council of Advisors on Science and Technology and National Academies' committees, have highlighted the need to raise student achievement in STEM fields to enable the United States to maintain its competitive edge in the global economy. (3) Nearly all of the top 30 fastest growing occupations require science, technology, engineering, or mathematics skills, according to the Bureau of Labor Statistics. (4) Recent standardized tests show United States students' mathematics and science performance is only average or below average compared with their international peers. American students placed 25th in mathematics and 17th in science out of 34 Organisation for Economic Co-operation and Development countries in the 2009 Program for International Student Assessment. (5) Too few American students graduate from high school with the interest and the preparation to successfully pursue STEM degrees in college. Well over half of college students in China and Japan major in STEM fields, compared with only a third of students in America. SEC. 3. AMENDMENTS TO THE ESEA. (a) Title IV.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART D--STEM GRANT PROGRAM ``SEC. 4401. GRANT PROGRAM. ``(a) In General.--From the amounts appropriated under subsection (f), the Secretary shall award grants to local educational agencies to improve the education of students in science, technology, engineering, and mathematics (in this section referred to as `STEM') and prepare such students to pursue undergraduate and graduate degrees and careers in such fields. ``(b) Application.--To receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include a description of-- ``(1) the local, regional, or national employer in a STEM field with whom the local educational agency will partner or collaborate to carry out the required activities under subsection (c)(1)(A); and ``(2) the dual-credit courses the will be carried out with the grant under subsection (c)(1)(B). ``(c) Uses of Funds.--A local educational agency receiving a grant under this section-- ``(1) shall use such funds to-- ``(A) partner or collaborate with the local, regional, or national employer described in the agency's application under subsection (b) to-- ``(i) assist students in being placed in internships or apprenticeships with such employers; and ``(ii) develop the curriculum and metrics of STEM coursework; and ``(B) collaborate with institutions of higher education to-- ``(i) carry out dual-credit courses that offer both secondary school credit and college credit and incorporate STEM education and STEM workplace training; ``(ii) assist students in being placed in internships or apprenticeships with the employers described in subparagraph (A); and ``(iii) develop the curriculum and metrics described in subparagraph (A)(ii); and ``(2) may use such funds to-- ``(A) provide tutoring in STEM coursework and mentoring programs for academic advice and assistance in discussing future career opportunities in STEM fields; ``(B) enable students and their teachers to attend STEM events outside the classroom; ``(C) provide after-school and summer STEM programs for students; and ``(D) purchase education materials or equipment to facilitate STEM instruction. ``(d) Matching Requirement.-- ``(1) In general.--Each local educational agency that receives a grant under this section shall provide, from non- Federal sources, an amount equal to 50 percent of the grant. Such non-Federal contribution may be provided in cash or in kind. ``(2) Partnership authorized.--A local educational agency may partner with a public and private entity that may assist the local educational agency in meeting the matching requirement under paragraph (1). ``(3) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) for a local educational agency if the local educational agency demonstrates that such requirement would result in a serious financial hardship or a financial inability to carry out the goals of the grant. ``(e) Supplement, Not Supplant.--Grant funds provided to a local educational agency under this section shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this section. ``(f) Authorization of Appropriations.--There are authorized to be appropriate such sums as may be necessary to carry out this section for fiscal year 2014 and each succeeding fiscal year.''. (b) Table of Contents.--The table of contents of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to part C of title IV of such Act, the following new item: ``Part D--STEM Grant Program ``Sec. 4401. Grant program.''.

21st Century STEM Competitive Jobs Act - Amends the Elementary and Secondary Act of 1965 to direct the Secretary of Education to award matching grants to local educational agencies (LEAs) to improve science, technology, engineering, and mathematics (STEM) education. Requires grantees to use grant funds to collaborate with institutions of higher education and local, regional, or national employers in STEM fields to: (1) carry out dual-credit courses that offer both secondary school and college credit and incorporate STEM education and STEM workplace training, (2) assist students in being placed in internships or apprenticeships with those employers, and (3) develop STEM curricula and metrics. Permits grantees to use grant funds for: (1) STEM tutoring and mentoring programs; (2) STEM outside-the-classroom, after-school, or summer programs; and (3) STEM instructional materials or equipment.

21st Century STEM Competitive Jobs Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tested Ability to Leverage Exceptional National Talent Act of 2016'' or the ``TALENT Act of 2016''. SEC. 2. PRESIDENTIAL INNOVATION FELLOWS PROGRAM. (a) In General.--Chapter 31 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER V--PRESIDENTIAL INNOVATION FELLOWS PROGRAM ``Sec. 3171. Presidential Innovation Fellows Program ``(a) Policy.--It is in the national interest for the Government to attract the brightest minds skilled in technology or innovative practices to serve in the Government to work on some of the Nation's biggest and most pressing challenges. This subchapter establishes a program to encourage successful entrepreneurs, executives, and innovators to join the Government and work in close cooperation with Government leaders, to create meaningful solutions that can help save lives and taxpayer money, fuel job creation, and significantly improve how the Government serves the American people. ``(b) Establishment.--The Administrator of General Services shall continue the Presidential Innovation Fellows Program (hereinafter referred to as the `Program') to enable exceptional individuals with proven track records to serve time-limited appointments in Executive agencies to address some of the Nation's most significant challenges and improve existing Government efforts that would particularly benefit from expertise using innovative techniques and technology. ``(c) Administration.--The Program shall be administered by a Director, appointed by the Administrator under authorities of the General Services Administration. The Administrator shall provide necessary staff, resources and administrative support for the Program. ``(d) Appointment of Fellows.--The Director shall appoint fellows pursuant to the Program and, in cooperation with Executive agencies, shall facilitate placement of fellows to participate in projects that have the potential for significant positive effects and are consistent with the President's goals. ``(e) Application Process.-- ``(1) In general.--The Director shall prescribe the process for applications and nominations of individuals to the Program. ``(2) Program standards.--Following publication of these processes, the Director may accept for consideration applications from individuals. The Director shall establish, administer, review, and revise, if appropriate, a Governmentwide cap on the number of fellows. The Director shall establish and publish salary ranges, benefits, and standards for the Program. ``(f) Selection, Appointment, and Assignment of Fellows.-- ``(1) Procedures.--The Director shall prescribe appropriate procedures for the selection, appointment, and assignment of fellows. ``(2) Consultation.--Prior to the selection of fellows, the Director shall consult with the heads of Executive agencies regarding potential projects and how best to meet those needs. Following such consultation, the Director shall select and appoint individuals to serve as fellows. ``(3) Time limitation.--Fellows selected for the Program shall serve under short-term, time-limited appointments. Such fellows shall be appointed for no less than 6 months and no longer than 2 years in the Program. The Director shall facilitate the process of placing fellows at requesting Executive agencies. ``(g) Responsibilities of Agencies.--Each Executive agency shall work with the Director and the Presidential Innovation Fellows Program advisory board established under section 3172 to attempt to maximize the Program's benefits to the agency and the Government, including by identifying initiatives that have a meaningful effect on the people served and that benefit from involvement by one or more fellows. Such agencies shall ensure that each fellow works closely with responsible senior officials for the duration of the assignment. ``Sec. 3172. Presidential Innovation Fellows Program advisory board ``(a) In General.--The Administrator of General Services shall continue an advisory board to advise the Director of the Presidential Innovation Fellows Program by recommending such priorities and standards as may be beneficial to fulfill the mission of the Presidential Innovation Fellows Program and assist in identifying potential projects and placements for fellows. The advisory board may not participate in the selection process under section 3171(f). ``(b) Chair; Membership.--The Administrator shall designate a representative to serve as the Chair of the advisory board. In addition to the Chair, the membership of the advisory board shall include-- ``(1) the Deputy Director for Management of the Office of Management and Budget; ``(2) the Director of the Office of Personnel Management; ``(3) the Administrator of the Office of Electronic Government of the Office of Management and Budget; ``(4) the Assistant to the President and Chief Technology Officer; and ``(5) other individuals as may be designated by the Administrator. ``(c) Consultation.--The advisory board may consult with industry, academia, or nonprofits to ensure the Presidential Innovation Fellows Program is continually identifying opportunities to apply advanced skillsets and innovative practices in effective ways to address the Nation's most significant challenges.''. (b) Clerical Amendment.--The table of sections for chapter 31 of title 5, United States Code, is amended by adding at the end the following: ``subchapter v--presidential innovation fellows program ``3171. Presidential Innovation Fellows Program. ``3172. Presidential Innovation Fellows Program advisory board.''. (c) Transition.--The Presidential Innovation Fellows Program established pursuant to Executive Order 13704 (5 U.S.C. 3301 note) as in existence on the day before the date of enactment of this Act shall be considered the Presidential Innovation Fellows Program described under this section. (d) No Additional Funds Authorized.--No additional funds are authorized to be appropriated to carry out this Act or the amendments made by this Act. This Act and the amendments made by this Act shall be carried out using amounts otherwise authorized. Passed the House of Representatives July 12, 2016. Attest: KAREN L. HAAS, Clerk.

. Tested Ability to Leverage Exceptional National Talent Act of 2016 or the TALENT Act of 2016 (Sec. 2) This bill codifies provisions establishing the Presidential Innovation Fellows Program (originally established pursuant to Executive Order 13704) to encourage successful entrepreneurs, executives, and innovators to join the government and work in close cooperation with government leaders to create meaningful solutions that can help save lives and taxpayer money, fuel job creation, and significantly improve how the government serves the American people. The General Services Administration (GSA) shall continue the program in order to enable exceptional individuals with proven track records to serve time-limited appointments in executive agencies to address some of the nation's most significant challenges and improve existing government efforts that would particularly benefit from expertise using innovative techniques and technology. The program shall be administered by a Director, who shall appoint program fellows and facilitate their placement to participate in projects that have the potential for significant positive effects and that are consistent with the President's goals. The GSA shall continue an advisory board to recommend priorities and standards for fulfilling the program's mission and to assist in identifying potential projects and placements for fellows.

TALENT Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Veterans' Memorial Act of 1998''. SEC. 2. FINDINGS. Congress finds the following: (1) Native Americans across the Nation have a long, proud, and distinguished tradition of service in the Armed Forces of the United States. (2) Native Americans have historically served in the Armed Forces of the United States in numbers which far exceed their representation in the population of the United States. (3) Native American veterans count among themselves a number of Medal of Honor recipients and those who have received other decorations for valor and distinguished service. (4) Native Americans have lost their lives in the service of their Nation and in the cause of peace. (5) The National Museum of the American Indian was established as a living memorial to Native Americans. Its mission is to advance knowledge and understanding of Native American cultures, including art, history, language, and the contributions that Native Americans have made to our society. (6) The National Museum of the American Indian is an extraordinary site and an ideal location to establish a Native American Veterans' Memorial. (7) A Native American Veterans' Memorial would further the purposes of the National Museum of the American Indian by giving all Americans the opportunity to learn of the proud and courageous tradition of service of Native Americans in the Armed Forces of the United States. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) The term ``Native American'' means any individual who is a member of an Indian tribe or who is a Native Hawaiian. (2) The term ``Native Hawaiian'' means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii. (3) The term ``Indian tribe'' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (4) The term ``Memorial'' means the Native American Veterans' Memorial authorized by section 5. (5) The term ``Museum'' means the National Museum of the American Indian established by the National Museum of the American Indian Act (20 U.S.C. 80q et seq.). (6) The term ``Commission'' means the commission established by section 5. (7) The term ``Director'' means the Director of the Museum. SEC. 4. AUTHORIZATION FOR ESTABLISHMENT OF MEMORIAL. (a) Memorial.--The Director, in consultation with the Commission, shall construct and maintain a Native American Veterans' Memorial in accordance with a design selected by the Commission in accordance with section 5(b)(1). (b) Site.--The Memorial shall be located within the interior structure or the exterior grounds of the Museum mall facility described in section 7(a) of the National Museum of the American Indian Act (20 U.S.C. 80q-5(a)). (d) Gifts, Bequests, and Devises.--The Museum may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of designing, construction, or maintaining the Memorial. 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 the order of the Director. (e) Payment of Costs.-- (1) In general.--Except as provided in this section, no Federal funds shall be used to pay any of the costs directly related to design and construction of the Memorial other than providing the site referred to in subsection (b). (2) Payment required before commencement of construction.-- Funds may not be obligated and construction may not begin on the Memorial until non-Federal sources have paid to the Museum funds necessary to pay the costs which Director estimates will be incurred to construct the Memorial. SEC. 5. NATIVE AMERICAN VETERANS' MEMORIAL COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Native American Veterans' Memorial Commission''. (b) Duties.--The Commission shall-- (1) conduct a competition for a design for the Memorial that is consistent with-- (A) the purpose of the Museum, as set forth in section 3(b) of the National Museum of the American Indian Act (20 U.S.C. 80q-1); and (B) any existing design plans for the Museum's structure and its surroundings; (2) not later than 1 year after the date of the enactment of this Act, select a design for the Memorial from entries submitted in the competition described in paragraph (1); and (3) consult with the Director regarding selection of the design for and placement and construction of the Memorial. (c) Membership.-- (1) In general.--The Commission shall consist of 12 members as follows: (A) The President Pro Tempore of the Senate shall appoint 5 individuals who are Indians. (B) The Speaker of the House of Representatives shall appoint 5 individuals who are Indians. (C) The Director or a designee of the Director. (D) The individuals who are initial members of the Commission pursuant to subparagraphs (A) through (C) shall appoint 1 individual who has expertise in the establishment of national memorials. (2) Chairperson.--The Director shall select the Chairperson of the Commission from among the other members of the Commission. (d) Deadline for Initial Appointments.--The initial appointment of individuals appointed pursuant to subparagraphs (A) through (C) of paragraph (1) shall be made not later than 30 days after the date of the enactment of this Act. The initial appointment of the individual appointed pursuant to subparagraph (D) of paragraph (1) shall be made at the initial meeting of the Commission. (e) Terms; Vacancy.--Each member shall serve for the life of the Commission. Any vacancy shall be filled in the manner of the original appointment. (f) Quorum.--A majority of the members of the Commission then in office shall constitute a quorum. (g) Pay.--The members of the Commission shall not be paid for their service as members of the Commission. (h) Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (i) Experts and Consultants.--With the approval of the Commission, the Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (j) 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. (k) 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. (l) 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 the order of the Commission. (m) Termination.--The Commission shall terminate 30 days after the completion of the construction of the Memorial. (n) Costs of Commission.--Except as provided in this section, no Federal funds shall be used to pay any expense of the Commission.

Native American Veterans' Memorial Act of 1998 - Requires the Director of the National Museum of the American Indian to construct and maintain a Native American Veterans' Memorial within the interior structure or the exterior grounds of the Museum mall facility. Prohibits: (1) the use of Federal funds to pay any of the costs directly related to design and construction of the Memorial other than providing the Memorial site; or (2) the obligation of funds or the beginning of construction on the Memorial until non-Federal sources have paid to the Museum funds necessary to pay the estimated construction costs. Establishes the Native American Veterans' Memorial Commission to: (1) conduct a competition for and select a design for the Memorial; and (2) consult with the Director regarding selection of the design for, and placement and construction of, the Memorial. Prohibits the use of Federal funds to pay any Commission expense, except with respect to specified administrative support services. Permits the Museum and the Commission to accept, use, and dispose of gifts, bequests, and devises of services or both real and personal property which shall be deposited in the Treasury.

Native American Veterans' Memorial Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Development Administration Reauthorization Act of 2008''. SEC. 2. ECONOMIC DEVELOPMENT PARTNERSHIPS. Section 101 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3131) is amended by adding at the end the following: ``(e) Excellence in Economic Development Awards.-- ``(1) Establishment of program.--To recognize innovative economic development strategies of national significance, the Secretary may establish and carry out a program, to be known as the `Excellence in Economic Development Award Program' (referred to in this subsection as the `program'). ``(2) Eligible entities.--To be eligible for recognition under the program, an entity shall be an eligible recipient that is not a for-profit organization or institution. ``(3) Nominations.--Before making an award under the program, the Secretary shall solicit nominations publicly, in accordance with such selection and evaluation procedures as the Secretary may establish in the solicitation. ``(4) Categories.--The categories of awards under the program shall include awards for-- ``(A) urban or suburban economic development; ``(B) rural economic development; ``(C) environmental or energy economic development; ``(D) economic diversification strategies that respond to economic dislocations, including economic dislocations caused by natural disasters and military base realignment and closure actions; ``(E) university-led strategies to enhance economic development; ``(F) community- and faith-based social entrepreneurship; ``(G) historic preservation-led strategies to enhance economic development; and ``(H) such other categories as the Secretary determines to be appropriate. ``(5) Provision of awards.--The Secretary may provide to each entity selected to receive an award under this subsection a plaque, bowl, or similar article to commemorate the accomplishments of the entity. ``(6) Funding.--Of amounts made available to carry out this Act, the Secretary may use not more than $2,000 for each fiscal year to carry out this subsection.''. SEC. 3. ENHANCEMENT OF RECIPIENT FLEXIBILITY TO DEAL WITH PROJECT ASSETS. (a) Revolving Loan Fund Program Flexibility.--Section 209(d) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149(d)) is amended by adding at the end the following: ``(5) Conversion of project assets.-- ``(A) Request.--If a recipient determines that a revolving loan fund established using assistance provided under this section is no longer needed, or that the recipient could make better use of the assistance in light of the current economic development needs of the recipient if the assistance was made available to carry out any other project that meets the requirements of this Act, the recipient may submit to the Secretary a request to approve the conversion of the assistance. ``(B) Methods of conversion.--A recipient the request to convert assistance of which is approved under subparagraph (A) may accomplish the conversion by-- ``(i) selling to a third party any assets of the applicable revolving loan fund; or ``(ii) retaining repayments of principal and interest amounts on loans provided through the applicable revolving loan fund. ``(C) Requirements.-- ``(i) Sale.-- ``(I) In general.--Subject to subclause (II), a recipient shall use the net proceeds from a sale of assets under subparagraph (B)(i) to pay any portion of the costs of 1 or more projects that meet the requirements of this Act. ``(II) Treatment.--For purposes of subclause (I), a project described in that subclause shall be considered to be eligible under section 301. ``(ii) Retention of repayments.--Retention by a recipient of any repayment under subparagraph (B)(ii) shall be carried out in accordance with a strategic reuse plan approved by the Secretary that provides for the increase of capital over time until sufficient amounts (including interest earned on the amounts) are accumulated to fund other projects that meet the requirements of this Act. ``(D) Terms and conditions.--The Secretary may require such terms and conditions regarding a proposed conversion of the use of assistance under this paragraph as the Secretary determines to be appropriate. ``(E) Expediency requirement.--The Secretary shall ensure that any assistance intended to be converted for use pursuant to this paragraph is used in an expeditious manner. ``(6) Program administration.--The Secretary may allocate not more than 2 percent of the amounts made available for grants under this section for the development and maintenance of an automated tracking and monitoring system to ensure the proper operation and financial integrity of the revolving loan program established under this section.''. (b) Maintenance of Effort.--Title VI of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3211 et seq.) is amended by adding at the end the following: ``SEC. 613. MAINTENANCE OF EFFORT. ``(a) Expected Period of Best Efforts.-- ``(1) Establishment.--To carry out the purposes of this Act, before providing investment assistance for a construction project under this Act, the Secretary shall establish the expected period during which the recipient of the assistance shall make best efforts to achieve the economic development objectives of the assistance. ``(2) Treatment of property.--To obtain the best efforts of a recipient during the period established under paragraph (1), during that period-- ``(A) any property that is acquired or improved, in whole or in part, using investment assistance under this Act shall be held in trust by the recipient for the benefit of the project; and ``(B) the Secretary shall retain an undivided equitable reversionary interest in the property. ``(3) Termination of federal interest.-- ``(A) In general.--Beginning on the date on which the Secretary determines that a recipient has fulfilled the obligations of the recipient for the applicable period under paragraph (1), taking into consideration the economic conditions existing during that period, the Secretary may terminate the reversionary interest of the Secretary in any applicable property under paragraph (2)(B). ``(B) Alternative method of termination.-- ``(i) In general.--On a determination by a recipient that the economic development needs of the recipient have changed during the period beginning on the date on which investment assistance for a construction project is provided under this Act and ending on the expiration of the expected period established for the project under paragraph (1), the recipient may submit to the Secretary a request to terminate the reversionary interest of the Secretary in property of the project under paragraph (2)(B) before the date described in subparagraph (A). ``(ii) Approval.--The Secretary may approve a request of a recipient under clause (i) if-- ``(I) in any case in which the request is submitted during the 10-year period beginning on the date on which assistance is initially provided under this Act for the applicable project, the recipient repays to the Secretary an amount equal to 100 percent of the fair market value of the pro rata Federal share of the project; or ``(II) in any case in which the request is submitted after the expiration of the 10-year period described in subclause (I), the recipient repays to the Secretary an amount equal to the fair market value of the pro rata Federal share of the project as if that value had been amortized over the period established under paragraph (1), based on a straight-line depreciation of the project throughout the estimated useful life of the project. ``(b) Terms and Conditions.--The Secretary may establish such terms and conditions under this section as the Secretary determines to be appropriate, including by extending the period of a reversionary interest of the Secretary under subsection (a)(2)(B) in any case in which the Secretary determines that the performance of a recipient is unsatisfactory. ``(c) Previously Extended Assistance.-- ``(1) In general.--With respect to any recipient to which the term of provision of assistance was extended under this Act before the date of enactment of this section, the Secretary may approve a request of the recipient under subsection (a) in accordance with the requirements of this section to ensure uniform administration of this Act, notwithstanding any estimated useful life period that otherwise relates to the assistance. ``(2) Conversion of use.--If a recipient described in paragraph (1) demonstrates to the Secretary that the intended use of the project for which assistance was provided under this Act no longer represents the best use of the property used for the project, the Secretary may approve a request by the recipient to convert the property to a different use for the remainder of the term of the Federal interest in the property, subject to the condition that the new use shall be consistent with the purposes of this Act. ``(d) Status of Authority.--The authority of the Secretary under this section is in addition to any authority of the Secretary pursuant to any law or grant agreement in effect on the date of enactment of this section.''. SEC. 4. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS. Section 701(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3231(a)) is amended-- (1) in paragraph (1), by striking ``2004'' and inserting ``2009''; (2) in paragraph (2), by striking ``2005'' and inserting ``2010''; (3) in paragraph (3), by striking ``2006'' and inserting ``2011''; (4) in paragraph (4), by striking ``2007'' and inserting ``2012''; and (5) in paragraph (5), by striking ``2008'' and inserting ``2013''. SEC. 5. FUNDING FOR GRANTS FOR PLANNING AND GRANTS FOR ADMINISTRATIVE EXPENSES. Section 704 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3234) is amended to read as follows: ``SEC. 704. FUNDING FOR GRANTS FOR PLANNING AND GRANTS FOR ADMINISTRATIVE EXPENSES. ``(a) In General.--Subject to subsection (b), of the amounts made available under section 701 for each fiscal year, not less than $27,000,000 shall be made available to provide grants under section 203. ``(b) Subject to Total Appropriations.--For any fiscal year, the amount made available pursuant to subsection (a) shall be increased to-- ``(1) $28,000,000, if the total amount made available under subsection 701(a) for the fiscal year is equal to or greater than $300,000,000; ``(2) $29,500,000, if the total amount made available under subsection 701(a) for the fiscal year is equal to or greater than $340,000,000; ``(3) $31,000,000, if the total amount made available under subsection 701(a) for the fiscal year is equal to or greater than $380,000,000; ``(4) $32,500,000, if the total amount made available under subsection 701(a) for the fiscal year is equal to or greater than $420,000,000; and ``(5) $34,500,000, if the total amount made available under subsection 701(a) for the fiscal year is equal to or greater than $460,000,000.''.

Economic Development Administration Reauthorization Act of 2008 - Amends the Public Works and Economic Development Act of 1965 to authorize the Secretary of Commerce to establish and carry out an Excellence in Economic Development Award Program to recognize innovative economic development strategies of national significance. Directs the Secretary to publicly solicit nominations of nonprofit organizations or institutions. Authorizes a recipient of an economic adjustment grant who determines that a revolving loan fund established using such assistance is no longer needed or that the recipient could make better use of the assistance to carry out another project that meets the requirements of the Act to request the Secretary to approve conversion of the assistance by: (1) selling fund assets to a third party; or (2) retaining repayments of principal and interest on loans provided through the fund. Requires such a recipient to use the net proceeds from a sale of assets to pay any portion of the costs of one or more projects that meet Act requirements. Directs the Secretary, before providing investment assistance for a construction project under such Act, to establish the expected period during which the assistance recipient shall make best efforts to achieve economic development objectives. Requires acquired or improved property to be held in trust by the recipient for the benefit of the project, and requires the Secretary to retain a reversionary interest in the property, during that period. Extends the authorization of appropriations for economic development assistance programs. Increases the minimum level of funding for planning and grants for administrative expenses.

A bill to amend the Public Works and Economic Development Act of 1965 to reauthorize that Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transition-to-Success Mentoring Act''. SEC. 2. TRANSITION-TO-SUCCESS MENTORING PROGRAM. (a) Authorization of Appropriations.--Section 1002(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6553) is amended to read as follows: ``There are authorized to be appropriated to carry out the activities described in part D, $50,000,000 for fiscal year 2018 and such sums as may be necessary for each succeeding fiscal year.''. (b) Transition-to-Success Mentoring Program.--Part D of title I of such Act (20 U.S.C. 6421 et seq.) is amended by adding at the end the following: ``Subpart 4--Transition-to-Success Mentoring Program ``SEC. 1441. TRANSITION-TO-SUCCESS MENTORING PROGRAM. ``(a) In General.--From the amounts appropriated to carry out this section, the Secretary shall award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist eligible students with the transition from middle school to high school. ``(b) Application.--To receive a grant under this section, 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. ``(c) Uses of Funds.-- ``(1) Required uses of funds.--An eligible entity that receives a grant under this section shall use the grant funds to establish a mentoring program, or to expand or provide technical support to an existing mentoring program, in all middle schools served by the entity, under which each eligible student is assigned to a success coach who-- ``(A) creates a plan for success for the student that-- ``(i) is created with the student, teachers, mentor, and parents of the student; ``(ii) includes, for each academic year, the student's academic, personal, and career exploration goals, and a strategy on how to accomplish such goals; and ``(iii) identifies the student's strengths, weaknesses, and academic progress; ``(B) enters into a signed, written agreement with the parents of the student that describes how the parents should assist the student in carrying out the plan for success; ``(C) meets with the student at least once per month to-- ``(i) assist the student in achieving the goals under the plan for success; ``(ii) identify the student's academic areas of weaknesses; ``(iii) provide the student with the tools necessary to improve the student's potential for academic excellence, and ensure the student's successful transition from middle school to high school by identifying improved attitude, behavior, coursework, and social involvement; and ``(iv) in the case of a student with behavioral issues, assist the student in behavior management techniques; ``(D) at least monthly, meets with the student and the parents, teachers, or counselors of the student to-- ``(i) evaluate the student's progress in achieving the goals under the plan for the current academic year; and ``(ii) revise or establish new goals for the next academic year; and ``(E) serves as the student's advocate between the teachers and parents of the student to ensure that the teachers and parents understand the student's plan. ``(2) Authorized uses of funds.--An eligible entity that receives a grant under this section may use such funds to-- ``(A) develop and carry out a training program for success coaches, including providing support to match success coaches with eligible students; ``(B) cover the cost of any materials used by success coaches under the mentoring program; and ``(C) hire staff to perform or support the program objectives. ``(d) Grant Duration.--A grant under this section shall be awarded for a period of not more than 5 years. ``(e) Reporting Requirements.-- ``(1) Eligible entities.--An eligible entity receiving a grant under this section shall submit to the Secretary, at the end of each academic year during the grant period, a report that includes-- ``(A) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds under this section; ``(B) data on the academic achievement of such students; ``(C) the number of contact hours between such students and their success coaches; and ``(D) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. ``(2) Secretary.-- ``(A) Interim report.--At the end of the third fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress an interim report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). ``(B) Final report.--At the end of the fifth fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress a final report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). ``(f) Definitions.--In this section: ``(1) At-risk student.--The term `at-risk student' means a student who has been identified as a student who has below a 2.0 grade point average or the equivalent or who has been determined by parents, teachers, or other school officials to-- ``(A) be at-risk of academic failure; ``(B) have expressed interest in dropping out of school; ``(C) show signs of a drug or alcohol problem; ``(D) be pregnant or a parent; ``(E) have come into contact with the juvenile justice system in the past; ``(F) have limited English proficiency; ``(G) be a gang member; or ``(H) have a high absenteeism rate at school. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a local educational agency that-- ``(i) receives, or is eligible to receive, funds under part A of this title; or ``(ii) is a high-need local educational agency; or ``(B) a partnership between a local educational agency described in subparagraph (A) and a nonprofit, community-based organization. ``(3) Eligible student.--The term `eligible student' means a student who-- ``(A) is enrolled in a middle school served by an eligible entity; and ``(B) is an at-risk student. ``(4) High-need local educational agency.--The term `high- need local educational agency' means a local educational agency that serves at least one high-need school. ``(5) High-need school.--The term `high-need school' has the meaning given the term in section 2211(b)(2). ``(6) Middle school.--The term `middle school' means a nonprofit institutional day or residential school, including a public charter school, that provides middle school education, as determined under State law, except that the term does not include any education below grade 6 or beyond grade 9. ``(7) School-based mentoring.--The term `school-based mentoring' refers to mentoring activities that-- ``(A) are closely coordinated with a school by involving teachers, counselors, and other school staff who may identify and refer students for mentoring services; and ``(B) assist at-risk students in improving academic achievement, reducing disciplinary referrals, and increasing positive regard for school. ``(8) Success coach.--The term `success coach' means an individual who-- ``(A) is-- ``(i) an employee or volunteer of a local educational agency in which a mentoring program receiving support under this section is being carried out; or ``(ii) a volunteer or employee from a nonprofit, community-based organization that provides volunteers for mentoring programs in secondary schools; and ``(B) prior to becoming a success coach-- ``(i) received training and support in mentoring from an eligible entity, which, at a minimum, was 2 hours in length and covered the roles and responsibilities of a success coach; and ``(ii) underwent a screening by an eligible entity that included-- ``(I) appropriate job reference checks; ``(II) child and domestic abuse record checks; and ``(III) criminal background checks.''. SEC. 3. TABLE OF CONTENTS. The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to section 1432 the following: ``subpart 4--transition-to-success mentoring program ``Sec. 1441. Transition to success mentoring program.''.

Transition-to-Success Mentoring Act This bill amends the Elementary and Secondary Education Act of 1965 to reauthorize educational programs that assist at-risk middle school students. The bill establishes a transition-to-success mentoring program requiring the Department of Education to award grants to local educational agencies or certain community-based nonprofit organizations to provide school-based mentoring programs and assist at-risk students in transitioning from middle to high school. Grantees must assign each at-risk student in his or her middle school a success coach who creates a plan of success for the student and serves as the student's advocate between the student's parents and teachers.

Transition-to-Success Mentoring Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Export Coordination Act of 2012''. SEC. 2. DUTIES. (a) In General.--Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(b)) is amended-- (1) in paragraph (4), by adding at the end before the semicolon the following: ``, including identifying opportunities to consolidate or co-locate offices of agencies involved in such activities''; (2) in paragraph (5)-- (A) by inserting ``, including the use and coordination of electronic databases,'' after ``the appropriate levels and allocation of resources''; and (B) by striking ``and'' at the end; (3) by redesignating paragraph (6) as paragraph (7); and (4) by inserting after paragraph (5) the following: ``(6) to the maximum extent practicable, provide a detailed listing of current and future Federal and State-led trade missions, trade fairs, and related activities to ensure better delivery of services to United States businesses; and''. (b) Availability of Information.--The Secretary of Commerce shall make available the information on Federal and State-led trade missions, trade fairs, and related activities described in paragraph (6) of section 2312(b) of the Export Enhancement Act of 1988, as added by subsection (a)(4) of this section, on the Web site Export.gov or a successor Web site. SEC. 3. STRATEGIC PLAN. Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(c)) is amended-- (1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; (2) by inserting after paragraph (2) the following: . ``(3) with respect to export promotion and export financing activities of each agency that is a member of the TPCC-- ``(A) clearly identify and explain the role of each agency; and ``(B) describe the goals and objectives of each agency and explain the rationale for measuring and reporting the goals and objectives;''; (3) in paragraph (5) (as redesignated)-- (A) by inserting ``and Congress'' after ``the President''; and (B) by striking ``paragraph (3)'' and inserting ``paragraph (4)''; (4) in paragraph (6) (as redesignated), by striking ``and'' at the end; (5) by inserting after paragraph (6) (as redesignated) the following: ``(7) include the recommendations of the Comptroller General of the United States as the recommendations relate to coordination of the TPCC and agencies that are members of the TPCC;''; and (6) in paragraph (7) (as redesignated), by striking ``United States National Tourism Organization'' and inserting ``United States Travel Association''. SEC. 4. MEMBERSHIP AND STAFF. (a) Membership.--Section 2312(d) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)) is amended-- (1) in paragraph (1)-- (A) by striking ``and'' at the end of subparagraph (L); (B) by redesignating subparagraph (M) as subparagraph (N); and (C) by inserting after subparagraph (L) the following: ``(M) the Millennium Challenge Corporation;''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) State trade promotion agencies.--The TPCC shall also include 1 or more members appointed by the President who are representatives from State trade promotion agencies.''. (b) Staff.--Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) Staff.--Upon request of the chairperson of the TPCC, the head of any Federal department or agency that is a member of the TPCC may detail, on a reimbursable basis, any of the personnel of that department or agency to the TPCC to assist it in carrying out its duties under this section.''. SEC. 5. MEMBER QUALIFICATIONS. Section 2312(e) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(e)) is amended in the first sentence by inserting ``(other than members described in subsection (d)(2))'' after ``Members of the TPCC''. SEC. 6. REPORT TO CONGRESS. Subsection (g) of section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727), as redesignated by section 4(b)(1) of this Act, is amended to read as follows: ``(g) Report to Congress.-- ``(1) In general.--The chairperson of the TPCC shall prepare and submit to the appropriate congressional committees, not later than March 30 of each year, a report that-- ``(A) describes the strategic plan developed by the TPCC pursuant to subsection (c), the implementation of such plan, and any revisions thereto; and ``(B) describes the implementation of sections 303 and 304 of the FREEDOM Support Act (22 U.S.C. 5823 and 5824) concerning funding for export promotion activities and the interagency working groups on energy of the TPCC. ``(2) Appropriate congressional committees defined.--In this subsection, the term `appropriate congressional committees' means-- ``(A) the Committee on Appropriations, the Committee on Energy and Commerce, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Small Business, and the Committee on Ways and Means of the House of Representatives; and ``(B) the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, the Committee on Finance, the Committee on Foreign Relations, and the Committee on Small Business and Entrepreneurship of the Senate.''. SEC. 7. ADDITIONAL REPORT TO CONGRESS. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended by adding at the end the following: ``(h) Additional Report to Congress.-- ``(1) In general.--The Inspector General of the Department of Commerce shall prepare and submit to the appropriate congressional committees, not later than March 30 of each year, a report on the extent to which the TPCC is successfully carrying out its duties as described in subsection (b) and the extent to which the strategic plan as described in subsection (c) is successfully being implemented. ``(2) Consultation.--In preparing the report required under paragraph (1), the Inspector General of the Department of Commerce shall, to the maximum extent practicable, consult with the inspector general of each other Federal department or agency that is a member of the TPCC. ``(3) Appropriate congressional committees defined.--In this subsection, the term `appropriate congressional committees' has the meaning given such term in subsection (g)(2).''.

Export Coordination Act of 2012 - Amends the Export Enhancement Act of 1988 to revise the duties of the Trade Promotion Coordinating Committee (TPCC). Requires the TPCC to: (1) identify opportunities to consolidate or co-locate offices of federal agencies involved in export promotion and export financing activities; (2) assess the use and coordination of electronic databases among federal agencies in support of such activities; and (3) provide a detailed listing of current and future federal and state-led trade missions, trade fairs, and related activities to ensure better delivery of services to U.S. businesses. Requires the Secretary of Commerce to make available information on federal and state-led trade missions, trade fairs, and related activities on the Export.gov website. Requires the governmentwide strategic plan for federal trade promotion efforts to: (1) clearly identify and explain the role, goals, and objectives of each TPCC member agency with respect its export promotion and export financing activities; (2) include the recommendations of the Comptroller General relating to coordination of the TPCC and member agencies; and (3) reflect the recommendations of the U.S. Travel Association (currently, U.S. National Tourism Organization) to the degree considered appropriate by the TPCC. Revises membership of the TPCC to include representatives from the Millennium Challenge Corporation, as well as one or more presidential appointees representing state trade promotion agencies. Requires the Inspector General of the Department of Commerce to report annually to Congress on the extent to which the TPCC is successfully carrying out its duties.

To amend the Export Enhancement Act of 1988 to make improvements to the trade promotion policies and programs of the United States Government.