FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. ESTABLISHMENT OF BIPARTISAN COMMISSION ON THE FUTURE OF MEDICARE. There is established a commission to be known as the Bipartisan Commission on the Future of Medicare (hereinafter in this Act referred to as the ``Commission''). SEC. 2. DUTIES. (a) Findings.--The Commission shall make specific findings regarding each of the following: (1) Patterns of spending under the medicare program under title XVIII of the Social Security Act. (2) The long-term solvency of the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act. (3) The feasibility and desirability of expanding the choices available to medicare beneficiaries in the methods through which medicare benefits are provided, including providing benefits through managed care arrangements and through coordination with employer-sponsored or other private health benefit plans. (4) The extent to which the solvency of the trust funds described in paragraph (2) is endangered by waste, fraud, and abuse under the medicare program. (5) The quality of services provided under the medicare program. (6) The effectiveness of the existing structure and administration of the medicare program. (b) Recommendations.--The Commission shall make specific recommendations to the Congress regarding its findings under subsection (a). SEC. 3. MEMBERSHIP. (a) Appointment.-- (1) In general.--The Commission shall be composed of 15 members appointed as follows: (A) The President shall appoint 5 members, of whom not more than 3 may be of the same political party and at least one shall be under 35 years of age at the time of appointment. (B) The majority leader of the Senate shall appoint, after consultation with the minority leader of the Senate, 5 members of the Senate, of whom not more than 3 may be of the same political party and at least one shall be under 35 years of age at the time of appointment. (C) The Speaker of the House of Representatives shall appoint, after consultation with the minority leader of the House of Representatives, 5 members of the House, of whom not more than 3 may be of the same political party and at least one shall be under 35 years of age at the time of appointment. (2) Deadline for appointment.--The members of the Commission shall be appointed not later than 30 days after the date of the enactment of this Act. (b) Chairman.--As the first item of business at the first meeting of the Commission, the members of the Commission shall elect a chairman of the Commission from among its members. (c) Vacancies.--Any vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made and shall not affect the power of the remaining members to execute the duties of the Commission. (d) Quorum.--A quorum shall consist of 8 members of the Commission, except that 4 members may conduct a hearing under section 5(a). (e) Meetings.--The Commission shall meet at the call of its chairman or a majority of its members. (f) Compensation and Reimbursement of Expenses.--Members of the Commission are not entitled to receive compensation for service on the Commission. Members may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Commission. SEC. 4. STAFF AND CONSULTANTS. (a) Staff.--The Commission may appoint and determine the compensation of such staff as may be necessary to carry out the duties of the Commission. Such appointments and compensation may be made without regard to the provisions of title 5, United States Code, that govern appointments in the competitive services, and the provisions of chapter 51 and subchapter III of chapter 53 of such title that relate to classifications and the General Schedule pay rates. (b) Consultants.--The Commission may procure such temporary and intermittent services of consultants under section 3109(b) of title 5, United States Code, as the Commission determines to be necessary to carry out the duties of the Commission. SEC. 5. POWERS. (a) Hearings and Other Activities.--For the purpose of carrying out its duties, the Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (b) Studies by General Accounting Office.--Upon the request of the Commission, the Comptroller General shall conduct such studies or investigations as the Commission determines to be necessary to carry out its duties. (c) Cost Estimates by Congressional Budget Office.-- (1) In general.--Upon the request of the Commission, the Director of the Congressional Budget Office shall provide to the Commission such cost estimates as the Commission determines to be necessary to carry out its duties. (2) Reimbursement.--The Commission shall reimburse the Director of the Congressional Budget Office for expenses relating to the employment in the office of the Director of such additional staff as may be necessary for the Director to comply with requests by the Commission under paragraph (1). (d) Detail of Federal Employees.--Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (e) Technical Assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (f) Use of Mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies, and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (g) Obtaining Information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairman of the Commission, the head of such agency shall furnish such information to the Commission. (h) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (i) Acceptance of Donations.--The Commission may accept, use, and dispose of gifts or donations of services or property. (j) Printing.--For purposes of costs relating to printing and binding, including the costs of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. SEC. 6. REPORT. Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to Congress a report containing its findings and recommendations under section 2, and shall include in the report recommendations for appropriate legislative initiatives to carry out its recommendations. SEC. 7. TERMINATION. The Commission shall terminate 30 days after the date of submission of the report required in section 6.

Establishes the Bipartisan Commission on the Future of Medicare to make findings and recommendations to the Congress concerning specified aspects of the Medicare program.

To establish the Bipartisan Commission on the Future of Medicare to make findings and issue recommendations on the future of the Medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Infrastructure Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) improving the quality of public elementary and secondary school libraries, media centers, and facilities will help our Nation meet the National Education Goals; (2) Federal, State, and local funding for the repair, renovation, alteration and construction of public elementary and secondary school libraries, media centers, and facilities has not adequately reflected need; and (3) the challenges facing our Nation's public elementary and secondary schools require the concerted and collaborative efforts of all levels of government and all sectors of the community. SEC. 3. PURPOSE. It is the purpose of this Act to help our Nation meet the National Education Goals through the repair, renovation, alteration and construction of public elementary and secondary school libraries, media centers, and facilities, used for academic or vocational instruction. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``alteration'' refers to any change to an existing property for use for a different purpose or function; (2) the term ``construction'' refers to the erection of a building, structure, or facility, including the concurrent installation of equipment, site preparation, associated roads, parking, and utilities, which provides area or cubage not previously available, including-- (A) freestanding structures, additional wings, or floors, enclosed courtyards or entryways, and any other means to provide usable program space that did not previously exist; and (B) the complete replacement of an existing facility; (3) the term ``eligible local educational agency'' means a local educational agency, as such term is defined in section 1471 of the Elementary and Secondary Education Act of 1965, which demonstrates in the application submitted under section 7 that such agency-- (A) has urgent repair, renovation, alteration and construction needs for its public elementary or secondary school libraries, media centers, and facilities, used for academic or vocational instruction; and (B) serves large numbers or percentages of disadvantaged students; (4) the term ``renovation'' refers to any change to an existing property to allow its more efficient use within such property's designated purpose; (5) the term ``repair'' refers to the restoration of a failed or failing real property facility, component, or a building system to such a condition that such facility, component, or system may be used effectively for its designated purpose, if, due to the nature or extent of the deterioration or damage to such facility, component, or system, such deterioration or damage cannot be corrected through normal maintenance; and (6) the term ``Secretary'', unless otherwise specified, means the Secretary of Education. SEC. 5. IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION FACILITIES PROGRAM AUTHORIZED. (a) Program Authority.--From amounts appropriated pursuant to the authority of subsection (b) in any fiscal year, the Secretary shall award grants to eligible local educational agencies having applications approved under section 6 to carry out the authorized activities described in section 7. (b) Authorization of Appropriations.--There are to be appropriated $600,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1996 through 2004, to carry out this Act. SEC. 6. APPLICATIONS. (a) Contents Required.--Each eligible local educational agency desiring to receive a grant under this Act shall submit an application to the Secretary. Each such application shall-- (1) contain an assurance that such application was developed in consultation with parents and classroom teachers; and (2) include-- (A) a description of each architectural, civil, structural, mechanical, electrical, or telephone line, deficiency to be corrected with funds provided under this Act, including the priority for the repair of the deficiency; (B) a description of the corrective action to be supported with funds provided under this Act; (C) a cost estimate of the proposed corrective action; (D) an identification of the total amount and percentage of such agency's budget used in the preceding fiscal year for the maintenance, repair, renovation, alteration, and construction of public elementary and secondary school libraries, media centers, and facilities; (E) a description of how such agency plans to maintain the repair, renovation, alteration, or construction supported with funds provided under this Act; (F) a description of the extent to which the repair, renovation, alteration, or construction will help the Secretary meet the goals described in section 9(1)(A); and (G) such other information as the Secretary may reasonably require. (b) Priorities in Selection of Applications.--In selecting applications for the award of grant funds under this Act, the Secretary shall give priority to local educational agencies that-- (1) are seeking funds for the repair, renovation, alteration, or construction of facilities that are the oldest for which funds are sought under this Act; (2) have the highest number of facilities with health and safety hazards from one or more of the following sources: asbestos, lead, radon, plumbing, electrical wiring; and (3) serve areas with high rates of unemployment. SEC. 7. AUTHORIZED ACTIVITIES. Each eligible local educational agency receiving a grant under this Act shall use such grant funds to help our Nation meet the National Education Goals through the repair, renovation, alteration, and construction of a public elementary or secondary school library, media center, or facility, used for academic or vocational instruction, including-- (1) inspection of such library, center, or facility; (2) repairing such library, center, or facility that poses a health or safety risk to students; (3) upgrading of and alteration to such library, center, or facility in order to accommodate new instructional technology; (4) meeting the requirements of section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990; (5) removal or containment of severely hazardous material such as asbestos, lead, and radon using a cost-effective method; (6) installation or upgrading of school security and communications systems; (7) energy conservation; (8) meeting Federal, State, or local codes related to fire, air, light, noise, waste disposal, building height, or other codes passed since the initial construction of such library, center, or facility; and (9) replacing an old library, center, or facility that is most cost-effectively torn down rather than renovated. SEC. 8. REQUIREMENTS. (a) Special Rules.-- (1) Maintenance of effort.--An eligible local educational agency may receive a grant under this Act for any fiscal year only if the Secretary finds that either the combined fiscal effort per student or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such local educational agency for the preceding fiscal year was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the fiscal year for which the determination is made. (2) Supplement not supplant.--An eligible local educational agency shall use funds received under this Act only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the repair and construction of school facilities used for educational purposes, and not to supplant such funds. (b) General Limitations.-- (1) Real property.--No part of any grant funds under this Act shall be used for the acquisition of any interest in real property. (2) Maintenance.--Nothing in this Act shall be construed to authorize the payment of maintenance costs in connection with any projects constructed in whole or in part with Federal funds provided under this Act. (3) Environmental safeguards.--All projects carried out with Federal funds provided under this Act shall comply with all relevant Federal, State, and local environmental laws and regulations. (4) Applicability of laws regarding individuals with disabilities.--Sections 504 and 505 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 shall apply to projects carried out with Federal funds provided under this Act. SEC. 9. CONTRACTS. If a project assisted under this Act will be carried out pursuant to a contract, the following limitations shall apply: (1) Minority participation.--The Secretary shall establish-- (A) goals for the participation of small business concerns as contractors or subcontractors that meet or exceed the governmentwide goals established pursuant to section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) for the participation of such concerns in contracts supported with funds under this Act (and subcontracts under such contracts); and (B) an evaluation process for such participation that gives significant weight to the goals described in subparagraph (A). (2) Davis-bacon.--All laborers and mechanics employed by contractors or subcontractors in the performance of any contract and subcontract for the repair, renovation, alteration, or construction, including painting and decorating, of any building or work that is financed in whole or in part by a grant under this Act, shall be paid wages not less than those determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (commonly known as the Davis-Bacon Act); as amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have the authority and functions set forth in reorganization plan of No. 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 1934 (commonly known as the Copeland Anti-Kickback Act) as amended (40 U.S.C. 276c, 48 Stat. 948). SEC. 10. TECHNICAL ASSISTANCE. The comprehensive regional centers established under section 2203 of the Elementary and Secondary Education Act of 1965 may provide assistance in the repair, renovation, alteration, and construction of public elementary or secondary school libraries, media centers, or facilities to eligible local educational agencies receiving assistance under this Act. SEC. 11. FEDERAL ASSESSMENT. The Secretary shall reserve not more than 1 percent of funds appropriated pursuant to the authority of section 5(b)-- (1) to collect such data as the Secretary determines necessary at the school, local, and State levels; and (2) to conduct studies and evaluations, including national studies and evaluations, in order to-- (A) monitor the progress of projects supported with funds provided under this Act; and (B) evaluate the state of American public elementary and secondary school libraries, media centers, and facilities; and (3) to report to the Congress by July 1, 1997, regarding the findings of the studies and evaluations described in paragraph (2).

Education Infrastructure Act of 1994 - Directs the Secretary of Education to award grants to eligible local educational agencies to meet the National Education Goals through repair, renovation, alteration, and construction of public elementary or secondary school libraries, media centers, or facilities, used for academic or vocational instruction, including certain authorized activities. Sets forth requirements for: (1) priorities in selection of applications; (2) maintenance of effort, supplementation of non-Federal funds, and general limitations; (3) minority small business participation as project contractors or subcontractors, and payment of wages in accordance with the Davis-Bacon Act; and (4) Federal evaluation. Authorizes the comprehensive regional centers to provide technical assistance to such projects. Authorizes appropriations.

Education Infrastructure Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Free Internet for Kids Act''. SEC. 2. UNLAWFUL ACTS REGARDING SALE OF TOBACCO PRODUCTS TO INDIVIDUALS UNDER AGE OF 18. (a) In General.--It shall be unlawful for any person who is in the business of selling tobacco products, and who advertises such products through the Internet or any other means, to sell such a product to an individual under the age of 18 if pursuant to the sale the person mails the product, or ships the product by carrier in or affecting interstate commerce. (b) Procedures for Certain Purchase Orders.--It shall be unlawful for any person in the business of selling tobacco products to take a covered purchase order for such a product through the mail, or through any telecommunications means (including by telephone, facsimile, or the Internet), if in providing for the sale or delivery of the product pursuant to such purchase order the person mails the product, or ships the product by carrier in or affecting interstate commerce, and the person fails to comply with any of the following procedures: (1) Before mailing or shipping the product, the person received from the individual who placed the order the following: (A) A copy of a government-issued document (license or otherwise) that provides the name of the individual, the address of the individual, and the date of birth of the individual. (B) An e-mail address and social security number for the individual. (C) A signed statement in writing from the individual providing that the individual certifies that such document and information correctly identifies the individual and correctly states the address, date of birth, e-mail address, and social security number of the individual, that the individual understands that forging another person's signature is illegal, and that the individual understands that tobacco sales to minors are illegal and that tobacco purchases by minors may be illegal under applicable state law. (2) Before mailing or shipping the product, the person-- (A) verified the information submitted by the individual against a database of government-issued identification; (B) verified the e-mail address submitted by the individual against e-mail databases; (C) sends an e-mail to the e-mail address provided by the individual, requesting return e-mail confirmation of the specific purchase order; (D) receives return e-mail confirmation for the specific purchase order by the individual; and (E) sends a letter to the individual requesting confirmation of the specific purchase order and requesting that the individual reply immediately (to a specified toll-free phone number or e-mail address) if the individual did not submit the purchase order. (3) Before mailing or shipping a tobacco product advertised on the Internet to an individual, the person receives payment by credit card. (4) The person provides for the mailing or shipping of the product to the same name and address as is provided on such government-issued document. (5) The person provides for the mailing or shipping of the product in a package that bears a clear and conspicuous label providing as follows: ``TOBACCO PRODUCT: FEDERAL LAW PROHIBITS SHIPPING TO INDIVIDUAL UNDER THE AGE OF 18; STATE LAW MAY PROVIDE HIGHER MINIMUM AGE''. (6) The person employs a method of mailing or shipping that requires that the addressee personally sign for delivery of the package. (7) The person notifies the carrier for the mailing or shipping, in writing, of the age of the addressee as indicated by the government-issued document provided pursuant to paragraph (1)(A). (8) The person employs a method of mailing or shipping under which the individual who signs for the package pursuant to paragraph (6) takes delivery of the package only after producing a form of identification that bears a photograph and the same name as the addressee on the package, and that indicates that the individual is not younger than the age indicated on the government-issued document provided pursuant to paragraph (1)(A). (c) Covered Purchase Order.--It shall be unlawful for any person in the business of selling tobacco products to advertise such products for sale through an Internet website unless such website contains, on the part of each website page relating to sale of such products that is immediately visible when accessed, a prominent and clearly legible warning label stating that tobacco-product sales to persons under 18 are illegal in all States. (d) Advertising Through Internet; Warning Label.--It shall be unlawful for any person in the business of selling tobacco products to advertise such products for sale through an Internet website unless such website contains, on the part of each website page relating to sale of such products that is immediately visible when accessed, a prominent and clearly legible warning label described in sections 4(a)(1) and 4(b)(2) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333(a)(1) and 1333(b)(2)). (e) Advertising Through Internet; Access.--It shall be unlawful for any person in the business of selling tobacco products to advertise such products for sale through an Internet website unless access to the website (other than a non-selling website home page) is provided only to individuals who provide to the person the information described in subsections (b)(1)(A) and (b)(1)(B) and whose information is verified according to the procedures described in subsections (b)(2)(A) and (b)(2)(B). (f) Rule of Construction Regarding Carriers.--This Act may not be construed as imposing liability upon the Postal Service or any other carrier, or officers or employees thereof, when acting within the scope of business of the Postal Service or other carrier, respectively. SEC. 3. FEDERAL TRADE COMMISSION. (a) Civil Enforcement.--For purposes of the enforcement of section 2 by the Federal Trade Commission, a violation of a provision of subsection (a) or (b) of such section shall be deemed to be an unfair or deceptive act or practice in or affecting commerce within the meaning of the Federal Trade Commission Act, and the procedures under section 5(b) of such Act shall apply with respect to such a violation. (b) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate a final rule for carrying out this Act. (c) Information Regarding State Laws on Minimum Purchase-Age.--The Commission shall post on the Internet site of the Commission information that, by State, provides the minimum age at which it is legal under State law to purchase tobacco products in the State. SEC. 4. CRIMINAL PENALTIES. (a) In General.-- (1) First violation.--Except as provided in paragraph (2), any person who violates a provision of subsection (a) or (b) of section 2 shall be fined not more than $1,000. (2) Subsequent violations.--In the case of a second or subsequent violation by a person of a provision of subsection (a) or (b) of section 2, the person shall be fined not less than $1,000 and not more than $5,000. (3) Rule of construction.--This subsection does not apply to a violation of a provision of subsection (a) or (b) of section 2 if any provision of subsection (b) of this section applies to such violation. (b) Knowing Violations.-- (1) First violation.--Except as provided in paragraph (2), any person who knowingly violates a provision of subsection (a) or (b) of section 2 shall be fined in accordance with title 18, United States Code, or imprisoned not more than two years, or both. (2) Subsequent violations.--In the case of a second or subsequent knowing violation by a person of a provision of subsection (a) or (b) of section 2, the person shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both. SEC. 5. FEDERAL CIVIL ACTIONS BY STATE ATTORNEYS GENERAL. (a) Injunctive Relief.--A State, through its State attorney general, may on behalf of residents of the State bring in its own name, and in an appropriate district court of the United States, a civil action to restrain violations by a person of any provision of subsection (a) or (b) of section 2, including obtaining a preliminary or permanent injunction or other order against the person. (b) Coordination With Commission.--Before bringing a civil action under subsection (a), a State attorney general shall provide to the Commission written notice of the intent of the State attorney general to bring the action. (c) Federal Jurisdiction.-- (1) In general.--The district courts of the United States shall have jurisdiction over any civil action under subsection (a). (2) Venue.--A civil action under subsection (a) may be brought only in accordance with section 1391 of title 28, United States Code, or in the district in which the recipient of the tobacco products resides or is found. (d) Requirements for Injunctions and Orders.-- (1) In general.--In any civil action under subsection (a), upon a proper showing by the State attorney general involved, the court may issue a preliminary or permanent injunction or other order to restrain a violation of this section. (2) Notice.--No preliminary injunction or permanent injunction or other order may be issued under paragraph (1) without notice to the adverse party and an opportunity for a hearing. (3) Form and scope of order.--Any preliminary or permanent injunction or other order entered in a civil action under subsection (a) shall-- (A) set forth the reasons for the issuance of the order; (B) be specific in its terms; (C) describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; (D) be binding upon-- (i) the parties to the action and the officers, agents, employees, and attorneys of those parties; and (ii) persons in active concert or participation with the parties to the action who receive actual notice of the order by personal service or otherwise. (e) Additional Remedies.-- (1) In general.--A remedy under subsection (a) is in addition to any other remedies provided by law. (2) State court proceedings.--Nothing in this section may be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any State law. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``Commission'' means the Federal Trade Commission. (2) The term ``covered purchase order'', with respect to a tobacco product, has the meaning given such term in section 2(c). (3) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. (4) The term ``State attorney general'' means the attorney general or other chief law enforcement officer of a State, or the designee thereof. (5) The term ``tobacco product'' means any product made or derived from tobacco that is intended for human consumption, including cigarettes, cigars, smokeless tobacco, pipe tobacco, and the product known as a bidi. SEC. 7. EFFECTIVE DATE. This Act takes effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act, except that the authority of the Commission under section 3(b) to commence the process of rulemaking is effective on such date of enactment. Section 2 applies with respect to sales of tobacco products occurring on or after the expiration of such 90-day period, without regard to whether a final rule has been promulgated under section 3(b).

Tobacco Free Internet for Kids Act - Prohibits the sale of tobacco products advertized through the Internet or other means to an individual under the age of 18 when such products are shipped by carrier in or affecting interstate commerce. Requires the verification of certain submitted proofs of identity, birth date, and signed statement and certain confirmations of an order before any such products are so shipped.Requires tobacco product advertising on the Internet to prominently display a warning label as required by the Federal Cigarette Labeling and Advertising Act. Deems violations of these requirements unfair or deceptive acts or practices in or affecting commerce under the Federal Trade Commission Act. Imposes criminal penalties for subsequent, knowing violations.Authorizes a State attorney general to bring a civil action for injunctive relief to restrain a person from engaging, or continuing to engage, in a violation of this Act.

To prohibit the sale of tobacco products through the Internet or other indirect means to individuals under the age of 18, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anna Westin Act of 2015''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Definition. Sec. 5. Training and education. Sec. 6. Education and training for health professionals. Sec. 7. Education and training for school and higher education professionals. Sec. 8. Public service announcements. Sec. 9. Clarifying application of existing parity law. Sec. 10. Prohibition on new appropriations. SEC. 3. FINDINGS. The Congress finds the following: (1) Risk of death among individuals with anorexia nervosa is 18 times greater than among individuals of the same age without anorexia. It is estimated that at least one person dies every 62 minutes from an eating disorder: at least 23 persons each day. (2) Health consequences such as osteoporosis (brittle bones), gastrointestinal complications, cardiac, and dental problems are significant health and financial burdens throughout life. (3) At lowest estimate, 14,500,000 people in the United States suffer from eating disorders. One percent of adolescent boys and 2 percent of adolescent girls suffer from eating disorders. Eating disorders account for at least 4 percent of all childhood hospitalizations. (4) Eating disorders are treatable biopsychosocial illnesses. There is a high rate of comorbidity with other illnesses such as depression, substance abuse, or anxiety disorders. (5) Anorexia nervosa is an eating disorder characterized by self-starvation, weight loss, fear of gaining weight, and disturbances in the way in which one's body weight or shape is experienced. (6) Anorexia nervosa is associated with serious health consequences including heart failure, kidney failure, osteoporosis, and death. People who suffer anorexia nervosa are 57 times more likely to die of suicide than their peers. (7) Current estimates of the lifetime prevalence of bulimia nervosa are between 0.9 and 1.5 percent among women and between 0.1 and 0.5 percent among men. (8) Bulimia nervosa is associated with serious health consequences, including cardiac, gastrointestinal, and dental problems including irregular heartbeats, gastric rupture, peptic ulcer, tooth decay, and death. (9) Binge eating disorder is characterized by frequent episodes of uncontrolled overeating. Binge eating disorder is common: at lowest estimate, 3.5 percent of women in the United States and 2.0 percent of men in the United States will suffer from this disorder in their lifetimes. (10) Binge eating is often associated with obesity, high blood pressure, elevated cholesterol levels, elevated triglyceride levels, increased risk of bowel, breast, and reproductive cancers, increased risk of diabetes, and increased risk of arthritic damage to the joints. (11) Many suffer from some, but not all, of the symptoms of anorexia nervosa, bulimia nervosa, or binge eating disorder, which is referred to as other specified feeding or eating disorder or ``OSFED''. Between 4 percent and 20 percent of young women practice unhealthy patterns of dieting, purging, and binge eating. (12) Eating disorders are more common in women, but they do occur in men. Rates of binge eating disorder are similar in females and males. (13) Academic evidence has demonstrated a connection between the use of very thin models in advertising and consumer attitudes toward a brand based on such advertising, as well as a material influence of the use of such models on consumer purchase intent, conduct, and reliance. (14) Eating disorders appear across all age groups, races, ethnicities, and socioeconomic groups in the United States and are associated with substantial psychological problems, including depression, substance abuse, and suicide. For children 12 years of age and younger, hospitalizations for eating disorders increased by 119 percent between 1999 and 2006. SEC. 4. DEFINITIONS. In this Act-- (1) the term ``eating disorder'' includes anorexia nervosa, bulimia nervosa, binge eating disorder, and other specified feeding or eating disorders, as defined in the fifth edition of ``Diagnostic and Statistical Manual of Mental Disorders'', published by the American Psychiatric Association or, if applicable, the most recent successor edition; and (2) the term ``Secretary'' means the Secretary of Health and Human Services. SEC. 5. TRAINING AND EDUCATION. Subject to section 10, the Secretary, acting through the Director of the Office on Women's Health of the Department of Health and Human Services and in consultation with the Secretary of Education, shall-- (1) revise and then reinstate the BodyWise Handbook of the Department of Education and related fact sheets and resource lists available on the public Internet Website of the National Women's Health Information Center sponsored by the Office on Women's Health, to include-- (A) updated findings and conclusions as needed; and (B) thorough information about eating disorders relating to males and females; (2) incorporate, as appropriate, information from such BodyWise Handbook and related fact sheets and resource lists into the curriculum of the BodyWorks obesity prevention program developed by the Office on Women's Health, and training modules used in such obesity prevention program; and (3) promote and make publicly available (through a public Internet Website or other method that does not impose a fee on users) the BodyWise Handbook and related fact sheets and resource lists, as updated under paragraph (1), and the BodyWorks obesity prevention program, as updated under paragraph (2), including for purposes of educating universities and nonprofit entities on eating disorders. SEC. 6. EDUCATION AND TRAINING FOR HEALTH PROFESSIONALS. (a) In General.--Subject to section 10, the Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants to eligible entities to integrate training into existing curricula for primary care physicians, other licensed or certified health and mental health professionals, and public health professionals that may include-- (1) early intervention and identification of eating disorders; (2) levels of treatment (including family-based, in- patient, residential, partial hospitalization programming, and intensive outpatient and outpatient treatment); (3) how to properly refer patients to treatment; (4) steps to aid in the prevention of the development of eating disordered behaviors; and (5) how to treat individuals with eating disorders. (b) Application.--An entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a plan for the use of funds that may be awarded and an evaluation of the training that will be provided. (c) Use of Funds.--An entity that receives a grant under this section shall use the funds made available through such grant to-- (1) develop a training program containing evidence-based findings, promising emerging best practices, or recommendations that pertain to the identification of, early intervention in, prevention of the development of, and treatment of, eating disorders to conduct educational training and conferences, which may include Internet-based courses and teleconferences, on-- (A) how to help prevent the development of eating disordered behaviors, identify, intervene early, and appropriately and adequately treat eating disordered patients; (B) how to identify individuals with eating disorders, and those who are at risk for suffering from eating disorders and, therefore, at risk for related severe medical and mental health conditions; (C) how to conduct a comprehensive assessment of individual and familial health risk factors; and (D) how to conduct a comprehensive assessment of a treatment plan; and (2) evaluate and report to the Secretary on the effectiveness of the training provided by such entity in increasing knowledge and changing attitudes and behaviors of trainees. SEC. 7. EDUCATION AND TRAINING FOR SCHOOL AND HIGHER EDUCATION PROFESSIONALS. (a) Grants.--Subject to section 10, the Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants to eligible entities-- (1) to conduct educational seminars for school personnel on early identification of, intervention in, and prevention of, behaviors that are often associated with the development of eating disordered behaviors; and (2) to make resources available to individuals affected by eating disorders. (b) Educational Seminars.--As a condition on the receipt of a grant under this subsection, an eligible entity shall agree to conduct educational seminars under subsection (a)(1), taking into consideration educational materials made available through the BodyWise eating disorder initiative of the Department of Health and Human Services and relevant research on eating disorders. (c) Eligible Entity.--In this section, the term ``eligible entity'' means any State, territory, or possession of the United States, the District of Columbia, any Indian tribe or tribal organization (as defined in subsections (e) and (l), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), or a public or private educational institution, including an institution of higher education. SEC. 8. PUBLIC SERVICE ANNOUNCEMENTS. (a) In General.--Subject to section 10, the Director of the National Institute of Mental Health shall conduct a program of public service announcements to educate the public on-- (1) the types of eating disorders; (2) the seriousness of eating disorders (including prevalence, comorbidities, and physical and mental health consequences); (3) how to identify, intervene, refer for treatment, and prevent behaviors that often lead to the development of eating disordered behaviors; (4) discrimination and bullying based on body size; (5) the effects of media on self-esteem and body image; and (6) the signs and symptoms of eating disorders. (b) Collaboration.--The Director of the National Institute of Mental Health shall conduct the program under subsection (a) in collaboration with-- (1) centers of excellence; and (2) community-based national nonprofit resources that support individuals affected by eating disorders and work to prevent eating disorders and address body image and weight issues. SEC. 9. CLARIFYING APPLICATION OF EXISTING PARITY LAW. (a) PHSA.--Section 2726 of the Public Health Service Act (42 U.S.C. 300gg-26) is amended-- (1) in subsection (a)(3), by adding at the end the following new subparagraph: ``(C) Treatment of permanent exclusions under mental health and substance use disorder benefits.--A group health plan or health insurance issuer offering group or individual health insurance coverage to which subparagraph (A) applies shall be considered in violation of subparagraph (A)(ii) if the mental health or substance use disorder benefits under such plan or coverage provides for a permanent exclusion from such benefits for a particular condition or disorder.''; and (2) by adding at the end the following new subsection: ``(f) Residential Treatment.--For purposes of this section, mental health and substance use disorder benefits include residential treatment.''. (b) ERISA.--Section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a) is amended-- (1) in subsection (a)(3), by adding at the end the following new subparagraph: ``(C) Treatment of permanent exclusions under mental health and substance use disorder benefits.--A group health plan (or health insurance coverage offered in connection with such a plan) to which subparagraph (A) applies shall be considered in violation of subparagraph (A)(ii) if the mental health or substance use disorder benefits under such plan (or coverage) provides for a permanent exclusion from such benefits for a particular condition or disorder.''; and (2) by adding at the end the following new subsection: ``(h) Residential Treatment.--For purposes of this section, mental health and substance use disorder benefits include residential treatment.''. (c) IRC.--Section 9812 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)(3), by adding at the end the following new subparagraph: ``(C) Treatment of permanent exclusions under mental health and substance use disorder benefits.--A group health plan to which subparagraph (A) applies shall be considered in violation of subparagraph (A)(ii) if the mental health or substance use disorder benefits under such plan provides for a permanent exclusion from such benefits for a particular condition or disorder.''; and (2) by adding at the end the following new subsection: ``(f) Residential Treatment.--For purposes of this section, mental health and substance use disorder benefits include residential treatment.''. (d) Limitation.--Nothing in this section or the amendments made by this section shall be construed as adding or expanding the scope of mental health or addiction services included under section 2726 of the Public Health Service Act (42 U.S.C. 300gg-26), section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a), or section 9812 of the Internal Revenue Code of 1986. SEC. 10. PROHIBITION ON NEW APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act or the amendments made by this Act. This Act and such amendments shall be carried out using amounts otherwise made available for such purposes.

Anna Westin Act of 2015 This bill requires the Office on Women's Health of the Department of Health and Human Services to revise, promote, and make freely available the BodyWise Handbook and BodyWorks obesity prevention program. The handbook must include information about eating disorders relating to males and females. The Substance Abuse and Mental Health Services Administration must award grants: (1) to integrate training on eating disorders into existing curricula for health, mental health, and public health professionals; and (2) to states, Indian tribes, tribal organizations, and educational institutions for seminars for school personnel on eating disorders and to make resources available to individuals affected by eating disorders. The National Institute of Mental Health must make public service announcements on eating disorders. This bill amends the Public Health Service Act, Employee Retirement Income Security Act of 1974 (ERISA), and Internal Revenue Code to prohibit health insurance coverage from permanently excluding a particular condition from mental health or substance use disorder benefits. Mental health and substance use disorder benefits include residential treatment.

Anna Westin Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``FDA Tobacco Authority Amendments Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Tobacco products are addictive. (2) Such products cause over 400,000 deaths each year in the United States. (3) The Supreme Court has held that there is no congressional intent to provide the Food and Drug Administration with the authority to regulate tobacco products. (4) The Congress should amend the Federal Food, Drug, and Cosmetic Act to provide the Food and Drug Administration with the authority to regulate tobacco products. SEC. 3. DEFINITIONS. (a) Drug.--Section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) is amended by inserting after the first sentence the following: ``Such term includes nicotine in a tobacco product.''. (b) Devices.--Section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)) is amended by adding at the end the following: ``Such term includes a tobacco product.''. (c) Other Definitions.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(kk) The term `tobacco product' means any product made or derived from tobacco that is intended for human consumption.''. SEC. 4. AMENDMENTS TO CHAPTER V. (a) Misbranding.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the following: ``(u) In the case of a tobacco product, if it does not comply with a requirement under subchapter F.''. (b) Clarification of Authority Regarding Advertising and Promotion; Equal Treatment of Retail Outlets.--Section 520(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(e)) is amended by adding at the end the following: ``(3) In the case of tobacco products: ``(A) The restrictions on sale and distribution authorized by paragraph (1) shall include restrictions on advertising and promotion of tobacco products. ``(B) The Secretary shall ensure that such restrictions are applied uniformly to all entities that make retail sales of tobacco products. For purposes of the preceding sentence, such restrictions may not exempt or apply differently to retail establishments that predominantly or exclusively sell tobacco products.''. (c) Preemption.--Section 521 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360k) is amended-- (1) in subsection (a), by striking ``Except as provided in subsection (b)'' and inserting ``Except in the case of tobacco products and as provided in subsection (b)''; and (2) by adding at the end the following: Tobacco Products ``(c) If the package or advertisement of a tobacco product is required to bear a warning under this Act, no statement relating to the use of the tobacco product and health, other than a statement required under this Act, may be required by any State or local statute or regulation to be included on any package or in any advertisement of such tobacco product.''. SEC. 5. SPECIAL PROVISIONS FOR TOBACCO PRODUCTS. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: ``Subchapter F--Special Provisions for Tobacco Products ``SEC. 565. SPECIAL STANDARD FOR TOBACCO PRODUCTS. ``In the case of tobacco products, an action that is appropriate for the protection of public health shall be deemed to provide a reasonable assurance of safety and effectiveness. ``SEC. 566. WARNINGS REGARDING CIGARETTES AND SMOKELESS TOBACCO; REGULATIONS. ``(a) In General.--Not later than 18 months after the date of the enactment of this subchapter, the Secretary shall promulgate regulations to require warnings on cigarette and smokeless tobacco labeling and advertisements. The content, format, and rotation of warnings shall conform to the specifications described in Title IB of the Proposed Resolution entered into by the tobacco manufacturers and the State attorneys general on June 20, 1997. ``(b) Reduced-Risk Products.--No manufacturer of a tobacco product may state or imply in the labeling or advertisements of the tobacco product that the tobacco product presents a reduced risk to health unless the Secretary has determined that the tobacco product does present a significantly reduced risk to public health. ``(c) Savings Provision.--Subsection (a) or (b) may not be construed as limiting the authority provided under other provisions of this Act with respect to tobacco products. ``SEC. 567. RULE OF CONSTRUCTION REGARDING FARMERS AND RELATED ENTITIES. ``The provisions of this Act relating to tobacco products shall not apply to tobacco leaf that is not in the possession of the manufacturer, or to the producers of tobacco leaf, including tobacco growers, tobacco warehouses, and tobacco grower cooperatives, nor shall any employee of the Food and Drug Administration have any authority whatsoever to enter onto a farm owned by a producer of tobacco leaf without the written consent of such producer. Notwithstanding any other provision of this subparagraph, if a producer of tobacco leaf is also a tobacco product manufacturer or controlled by a tobacco product manufacturer, the producer shall be subject to this chapter in the producer's capacity as a manufacturer. Nothing in this chapter shall be construed to grant the Secretary authority to promulgate regulations on any matter that involves the production of tobacco leaf or a producer thereof, other than activities by a manufacturer affecting production. For purposes of the preceding sentence, the term `controlled by' means a member of the same controlled group of corporations as that term is used in section 52(a) of the Internal Revenue Code of 1986, or under common control within the meaning of the regulations promulgated under section 52(b) of such Code.''. SEC. 6. VALIDATION OF FDA RULE. Effective one year after the date of the enactment of this Act, all provisions of the regulations related to tobacco products promulgated by the Secretary of Health and Human Services on August 28, 1996 (61 Fed. Reg. 44615-44618) shall take effect under authority of the Federal Food, Drug, and Cosmetic Act as amended by this Act. The Secretary shall amend the designations of authorities in such regulations accordingly. SEC. 7. GENERAL PROVISIONS. (a) Enforcement.--Section 301 (21 U.S.C. 331) is amended by adding at the end the following: ``(bb) The violation of any requirement under this Act relating to tobacco products.''. (b) Access to Information.--Section 701 (21 U.S.C 371) is amended by adding at the end the following: ``(i) To acquire information related to tobacco products, the Secretary may administer oaths and require the testimony of witnesses and the production of documents and other materials. The Secretary may disclose to the public information acquired under this subsection if the Secretary determines that disclosure is appropriate to protect public health.''. SEC. 8. REPEALS. Effective on the date the regulations described in section 566(a) of the Federal Food, Drug, and Cosmetic Act take effect-- (1) the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et seq.), other than sections 6, 8, 10, and 11, is repealed; and (2) the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4401 et seq.), other than sections 3(f), 5, and 6, is repealed.

FDA Tobacco Authority Amendments Act - Amends the Federal Food, Drug, and Cosmetic Act to, among other things: (1) include "nicotine in a tobacco product" in the definition of the term "drug" and to include "a tobacco product" in the definition of the term "device;" and (2) set forth provisions for tobacco products concerning special standards for such products, warnings regarding such products, and a rule of construction regarding farmers and related entities.

To amend the Federal Food, Drug, and Cosmetic Act with respect to tobacco products, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Trust Account Act of 2006''. SEC. 2. LONG-TERM CARE TRUST ACCOUNTS. (a) In General.--Subchapter F of chapter 1 of the Internal Revenue Code of 1986 (relating to exempt organizations) is amended by adding at the end the following new part: ``PART IX--LONG-TERM CARE TRUST ACCOUNTS ``SEC. 530A. LONG-TERM CARE TRUST ACCOUNTS. ``(a) General Rule.--A Long-Term Care Trust Account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Long-Term Care Trust Account.--For purposes of this section, the term `Long-Term Care Trust Account' means a trust created or organized in the United States for the exclusive benefit of an individual who is the designated beneficiary of the trust and which is designated (in such manner as the Secretary shall prescribe) at the time of the establishment of the trust as a Long-Term Care Trust Account, but only if the written governing instrument creating the trust meets the following requirements: ``(1) Except in the case of a qualified rollover contribution described in subsection (d)-- ``(A) no contribution will be accepted unless it is in cash, and ``(B) contributions will not be accepted for the calendar year in excess of the contribution limit specified in subsection (c)(1). ``(2) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section or who has so demonstrated with respect to any individual retirement plan. ``(3) No part of the trust assets will be invested in life insurance contracts. ``(4) The interest of an individual in the balance of his account is nonforfeitable. ``(5) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(6) Except as provided in subsection (e)(2), no distribution will be allowed if at the time of such distribution the designated beneficiary is not a chronically ill individual (as defined in section 7702B(c)(2)). ``(c) Tax Treatment of Contributions.-- ``(1) Contribution limit.-- ``(A) In general.--The aggregate amount of contributions (other than qualified rollover contributions described in subsection (d)) for any taxable year to all Long-Term Care Trust Accounts maintained for the benefit of the designated beneficiary shall not exceed $5,000. ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2006, the dollar amount under subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2005' for `1996' in subclause (II) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10, such amount shall be rounded to the next lowest multiple of $10. ``(2) Gift tax treatment of contributions.--For purposes of chapters 12 and 13-- ``(A) In general.--Any contribution to a Long-Term Care Trust Account on behalf of any designated beneficiary-- ``(i) shall be treated as a completed gift to such beneficiary which is not a future interest in property, and ``(ii) shall not be treated as a qualified transfer under section 2503(e). ``(B) Treatment of excess contributions.--If the aggregate amount of contributions described in subparagraph (A) during the calendar year by a donor exceeds the limitation for such year under section 2503(b), such aggregate amount shall, at the election of the donor, be taken into account for purposes of such section ratably over the 5-year period beginning with such calendar year. ``(d) Qualified Rollover Contribution.--For purposes of this section, the term `qualified rollover contribution' means a contribution to a Long-Term Care Trust Account-- ``(1) from another such account of the same beneficiary, but only if such amount is contributed not later than the 60th day after the distribution from such other account, and ``(2) from a Long-Term Care Trust Account of a spouse of the beneficiary of the account to which the contribution is made, but only if such amount is contributed not later than the 60th day after the distribution from such other account. ``(e) Tax Treatment of Distributions.-- ``(1) In general.--Any distribution from a Long-Term Care Trust Account shall be includible in the gross income of the distributee in the manner as provided under section 72 to the extent not excluded from gross income under any other provision of this subsection. ``(2) Long-term care insurance premiums.--If at the time of any distribution, the designated beneficiary is not a chronically ill individual (as defined in section 7702B(c)(2)), no amount shall be includible in gross income under paragraph (1) if the aggregate premiums for any qualified long-term care insurance contract for such beneficiary during the taxable year are not less than the aggregate distributions during the taxable year. ``(3) Distributions for qualified long-term care services.--For purposes of this subsection, if at the time of any distribution, the designated beneficiary is a chronically ill individual (as so defined)-- ``(A) In-kind distributions.--No amount shall be includible in gross income under paragraph (1) by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute expenses for any qualified long-term care services (as defined in section 7702B(c)). ``(B) Cash distributions.--In the case of distributions not described in subparagraph (A), if-- ``(i) such distributions do not exceed the expenses for qualified long-term care services (as so defined), reduced by expenses described in subparagraph (A), no amount shall be includible in gross income, and ``(ii) in any other case, the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such expenses bear to such distributions. ``(4) Change in beneficiaries or accounts.--Paragraph (1) shall not apply to that portion of any distribution which, within 60 days of such distribution, is transferred-- ``(A) to another Long-Term Care Trust Account for the benefit of the designated beneficiary, or ``(B) to the credit of another designated beneficiary under a Long-Term Care Trust Account who is a spouse of the designated beneficiary with respect to which the distribution was made. ``(5) Operating rules.--For purposes of applying section 72-- ``(A) to the extent provided by the Secretary, all Long-Term Care Trust Accounts of which an individual is a designated beneficiary shall be treated as one account, ``(B) except to the extent provided by the Secretary, all distributions during a taxable year shall be treated as one distribution, and ``(C) except to the extent provided by the Secretary, the value of the contract, income on the contract, and investment in the contract shall be computed as of the close of the calendar year in which the taxable year begins. ``(6) Special rules for death and divorce.-- ``(A) In general.--Rules similar to the rules of paragraphs (7) and (8) of section 220(f) shall apply. ``(B) Amounts includible in estate of donor making excess contributions.--In the case of a donor who makes the election described in subsection (c)(2)(B) and who dies before the close of the 5-year period referred to in such subsection, the gross estate of the donor shall include the portion of such contributions properly allocable to periods after the date of death of the donor. ``(7) Additional tax.--The tax imposed by this chapter for any taxable year on any taxpayer who receives a payment or distribution from a Long-Term Care Trust Account which is includible in gross income shall be increased by 25 percent of the amount which is so includible under rules similar to the rules of section 530(d)(4). ``(8) Denial of double benefit.--For purposes of determining the amount of any deduction under this chapter, any payment or distribution out of a Long-Term Care Trust Account shall not be treated as an expense paid for medical care. ``(f) Designated Beneficiary.--For purposes of this section, the term `designated beneficiary' means the individual designated at the commencement of participation in the Long-Term Care Trust Account as the beneficiary of amounts paid (or to be paid) to the account. ``(g) Loss of Taxation Exemption of Account Where Beneficiary Engages in Prohibited Transaction.--Rules similar to the rules of paragraph (2) of section 408(e) shall apply to any Long-Term Care Trust Account. ``(h) Custodial Accounts.--For purposes of this section, a custodial account or an annuity contract issued by an insurance company qualified to do business in a State shall be treated as a trust under this section if-- ``(1) the custodial account or annuity contract would, except for the fact that it is not a trust, constitute a trust which meets the requirements of subsection (b), and ``(2) in the case of a custodial account, the assets of such account are held by a bank (as defined in section 408(n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section. For purposes of this title, in the case of a custodial account or annuity contract treated as a trust by reason of the preceding sentence, the person holding the assets of such account or holding such annuity contract shall be treated as the trustee thereof. ``(i) Reports.--The trustee of a Long-Term Care Trust Account shall make such reports regarding such account to the Secretary and to the beneficiary of the account with respect to contributions, distributions, and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required.''. (b) Tax on Excess Contributions.-- (1) In general.--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 inserting ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: ``(6) a Long-Term Care Trust Account (as defined in section 530A),''. (2) Excess contribution.--Section 4973 of such Code is amended by adding at the end the following new subsection: ``(h) Excess Contributions to Long-Term Care Trust Accounts.--For purposes of this section-- ``(1) In general.--In the case of Long-Term Care Trust Accounts (within the meaning of section 530A), the term `excess contributions' means the sum of-- ``(A) the amount by which the amount contributed for the calendar year to such accounts (other than qualified rollover contributions (as defined in section 530A(d))) exceeds the contribution limit under section 530A(c)(1), and ``(B) the amount determined under this subsection for the preceding calendar year, reduced by the excess (if any) of the maximum amount allowable as a contribution under section 530A(c)(1) for the calendar year over the amount contributed to the accounts for the calendar year. ``(2) Special rule.--A contribution shall not be taken into account under paragraph (1) if such contribution (together with the amount of net income attributable to such contribution) is returned to the beneficiary before June 1 of the year following the year in which the contribution is made.''. (c) Failure To Provide Reports on Long-Term Care Trust Accounts.-- Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986 (relating to failure to provide reports on individual retirement accounts or annuities) is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(F) section 530A(i) (relating to Long-Term Care Trust Accounts).''. (d) Conforming Amendment.--The table of parts for subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Long-Term Care Trust Accounts''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. REFUNDABLE CREDIT FOR CONTRIBUTIONS TO LONG-TERM CARE TRUST ACCOUNTS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 35 the following new section: ``SEC. 35A. CONTRIBUTIONS TO LONG-TERM CARE TRUST ACCOUNTS. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 10 percent of the contributions to any Long-Term Care Trust Account allowed under section 530A for such taxable year. ``(b) Reduction Based on Adjusted Gross Income.-- ``(1) In general.--The percentage which would (but for this subsection) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the percentage determined under paragraph (2). ``(2) Amount of reduction.--The percentage determined under this paragraph is the percentage which bears the same ratio to the percentage which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's adjusted gross income for such taxable year, over ``(ii) $95,000 ($190,000 in the case of a joint return), bears to ``(B) $10,000 ($20,000 in the case of a joint return). ``(3) Adjusted gross income.--For purposes of this subsection, adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(c) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35A of such Code''. (2) The table of sections of subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 35 the following new item: ``Sec. 35A. Contributions to Long-Term Care Trust Accounts.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2005.

Long-Term Care Trust Account Act of 2006 - Amends the Internal Revenue Code to: (1) establish tax-exempt long-term care trust accounts; (2) allow cash contributions to such accounts up to $5,000 annually; (3) allow an exclusion from gross income for certain distributions, including for long-term care services for chronically-ill individuals; (4) impose penalties for excess contributions to such accounts and for failure to provide required reports on such accounts; and (5) allow a refundable tax credit for 10% of the annual contributions to such accounts.

A bill to amend the Internal Revenue Code of 1986 to establish long-term care trust accounts and allow a refundable tax credit for contributions to such accounts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Institute of Standards and Technology Authorization Act of 1999''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES. (a) Laboratory Activities.--There are authorized to be appropriated to the Secretary of Commerce for the Scientific and Technical Research and Services laboratory activities of the National Institute of Standards and Technology-- (1) $274,513,000 for fiscal year 2000, of which-- (A) $39,960,000 shall be for Electronics and Electrical Engineering; (B) $17,916,000 shall be for Manufacturing Engineering; (C) $34,061,000 shall be for Chemical Science and Technology; (D) $29,569,000 shall be for Physics; (E) $53,093,000 shall be for Material Science and Engineering; (F) $13,817,000 shall be for Building and Fire Research; (G) $37,058,000 shall be for Computer Science and Applied Mathematics; (H) $17,636,000 shall be for Technical Assistance; and (I) $31,403,000 shall be for Research Support; and (2) $285,152,000 for fiscal year 2001. (b) Malcolm Baldrige National Quality Program.--There are authorized to be appropriated to the Secretary of Commerce for the Malcolm Baldrige National Quality Program under section 17 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a)-- (1) $5,100,000 for fiscal year 2000; and (2) $5,100,000 for fiscal year 2001. (c) Construction and Maintenance.--(1) There are authorized to be appropriated to the Secretary of Commerce for construction and maintenance of facilities of the National Institute of Standards and Technology-- (A) $106,800,000 for fiscal year 2000; and (B) $31,800,000 for fiscal year 2001. (2) None of the funds authorized by paragraph (1)(B) for construction of facilities may be obligated unless the Secretary of Commerce has certified to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that the obligation of funds is consistent with a plan for meeting the facilities needs of the National Institute of Standards and Technology that the Secretary has transmitted to those committees. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR THE OFFICE OF THE UNDER SECRETARY FOR TECHNOLOGY. There are authorized to be appropriated to the Secretary of Commerce for the activities of the Under Secretary for Technology and the Office of Technology Policy-- (1) $7,500,000 for fiscal year 2000; and (2) $7,500,000 for fiscal year 2001. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR INDUSTRIAL TECHNOLOGY SERVICES. There are authorized to be appropriated to the Secretary of Commerce for the Industrial Technology Services activities of the National Institute of Standards and Technology-- (1) $297,500,000 for fiscal year 2000, of which-- (A) $190,700,000 shall be for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n); and (B) $106,800,000 shall be for the Manufacturing Extension Partnerships program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l); and (2) $256,700,000 for fiscal year 2001, of which-- (A) $149,900,000 shall be for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n); and (B) $106,800,000 shall be for the Manufacturing Extension Partnerships program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l). SEC. 5. NATIONAL TECHNICAL INFORMATION SERVICE. There are authorized to be appropriated to the Secretary of Commerce for the National Technical Information Service $2,000,000 for fiscal year 2000. SEC. 6. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT AMENDMENTS. (a) Amendments.--Section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n) is amended-- (1) by inserting ``and if the non-Federal participants in the joint venture agree to pay at least 60 percent of the total costs of the joint venture during the Federal participation period under this section, which shall not exceed 5 years,'' in subsection (b)(1)(B) after ``participation to be appropriate,''; (2) by striking ``(ii) provision of a minority share of the cost of such joint ventures for up to 5 years, and (iii)'' in subsection (b)(1)(B), and inserting in lieu thereof ``and (ii)''; (3) by striking ``, provided that emphasis is'' in subsection (b)(2) and inserting in lieu thereof ``on the condition that grant recipients (other than small businesses within the meaning of the Small Business Act) provide at least 60 percent of the costs of the project, with emphasis''; (4) in subsection (d)(1), by inserting ``and be of a nature and scope that would not be pursued in a timely manner without Federal assistance'' after ``technical merit''; and (5) by adding at the end the following new subsection: ``(k) The Secretary, acting through the Director, may vest title to tangible personal property in any recipient of financial assistance under this section if-- ``(1) the property is purchased with funds provided under this section; and ``(2) the Secretary, acting through the Director, determines that the vesting of such property furthers the objectives of the Institute. Vesting under this subsection shall be subject to such limitations as are prescribed by the Secretary, acting through the Director, and shall be made without further obligation to the United States Government.''. (b) Additional Amendment.--(1) Section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n) is further amended by striking the period at the end of the first sentence of subsection (d)(11)(A) and inserting in lieu thereof the following: ``or any other participant in a joint venture receiving financial assistance under this section, as agreed by the parties, notwithstanding the requirements of section 202 (a) and (b) of title 35, United States Code.''. (2) The amendment made by this subsection shall be effective only with respect to assistance for which solicitations for proposals are made after the date of the enactment of this Act. SEC. 7. TECHNICAL AMENDMENTS. (a) Research Fellowships.--Section 18 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-1) is amended by striking ``up to 1 per centum of the''. (b) Outdated Specifications.--Section 2 of the Act entitled ``An Act to authorize the Use of the Metric System of Weights and Measures'' enacted July 28, 1866 (15 U.S.C. 205) is amended to read as follows: ``Sec. 2. The metric system of measurement shall be defined as the International System of Units as established in 1960, and subsequently maintained, by the General Conference of Weights and Measures, and as interpreted or modified for the United States by the Secretary of Commerce.''. SEC. 8. ELIGIBILITY FOR AWARDS. (a) In General.--The Director of the National Institute of Standards and Technology shall exclude from consideration for grant agreements made by the Institute after fiscal year 1999 any person who received funds, other than those described in subsection (b), appropriated for a fiscal year after fiscal year 1999, under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit-based award process, except as specifically authorized by this Act. Any exclusion from consideration pursuant to this section shall be effective for a period of 5 years after the person receives such Federal funds. (b) Exception.--Subsection (a) shall not apply to the receipt of Federal funds by a person due to the membership of that person in a class specified by law for which assistance is awarded to members of the class according to a formula provided by law. (c) Definition.--For purposes of this section, the term ``grant agreement'' means a legal instrument whose principal purpose is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, and does not include the acquisition (by purchase, lease, or barter) of property or services for the direct benefit or use of the United States Government. Such term does not include a cooperative agreement (as such term is used in section 6305 of title 31, United States Code) or a cooperative research and development agreement (as such term is defined in section 12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).

National Institute of Standards and Technology Authorization Act of 1999 - Authorizes appropriations for FY 2000 and 2001 to the Secretary of Commerce for: (1) the Scientific and Technical Research and Services laboratory activities of the National Institute of Standards and Technology (NIST); (2) the Malcolm Baldrige National Quality Program; (3) construction and maintenance of NIST facilities; (4) activities of the Under Secretary for Technology and the Office of Technology Policy; and (5) Industrial Technology Services activities of NIST. Prohibits funds authorized for construction of NIST facilities in FY 2001 from being obligated unless the Secretary of Commerce has certified to the House Science Committee and the Senate Commerce, Science, and Transportation Committee that the obligation of funds is consistent with a plan for meeting NIST's facility needs that the Secretary has transmitted to those committees. Authorizes appropriations for FY 2000 to the Secretary of Commerce for the National Technical Information Service. Amends the National Institute of Standards and Technology Act with respect to the Advanced Technology Program (ATP), including to: (1) allow the Secretary, acting through the NIST Director (the Director), to participate in industry-led U.S. joint research and development ventures (joint ventures) if such participation is appropriate (current law) and the non-Federal participants in such a joint venture agree to pay at least 60 percent of the total costs during a Federal participation period that shall not exceed five years; (2) eliminate provisions providing that Federal participation by means of grants, cooperative agreements, or contracts may include provision of a minority share of such joint ventures costs for up to five years; (3) require that grant recipients (other than small businesses) provide at least 60 percent of project costs; and (4) require research projects to be of a nature and scope that would not be pursued in a timely manner without Federal assistance. Authorizes the Secretary, acting through the Director, to vest title to tangible personal property in any recipient of financial assistance under the ATP if: (1) the property is purchased with ATP funds; and (2) the vesting of such property furthers NIST's objectives. Vests title to intellectual property arising from ATP assistance in a company or companies incorporated in the United States (current law) or any other participant in a joint venture receiving financial assistance under the ATP, as agreed by the parties. Requires the Director to exclude from consideration for grant agreements made by NIST after FY 1999 any person who received funds (other than due to membership in a class specified by law for which assistance is awarded to class members according to a formula) appropriated for a fiscal year after FY 1999 under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit-based award process, except as specifically authorized by this Act. Makes such an exclusion effective for a period of five years after receipt of such Federal funds.

National Institute of Standards and Technology Authorization Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Benefit Equity Act of 1996''. SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE. (a) In General.--No health plan (as defined in section 5(1)) may provide for mail-order prescription drug coverage (as defined in section 5(2)) unless the plan also provides non-mail-order prescription drug coverage consistent with subsection (b). (b) Equitable Coverage.--A health plan provides non-mail-order prescription drug coverage consistent with this subsection only if-- (1) benefits under the non-mail-order prescription coverage are provided for in the case of all drugs and all circumstances under which benefits are provided under the mail-order prescription drug coverage; (2) no deductible or similar cost-sharing is imposed with respect to benefits under the non-mail-order prescription drug coverage unless such a deductible or similar cost-sharing is imposed with respect to benefits under the mail-order prescription drug coverage; and (3) the benefits for the non-mail-order coverage assures payments consistent with either (or both) of the following subparagraphs: (A) The dollar amount of payment for prescription drug coverage is not less than the dollar amount of benefits provided with respect to the mail-order coverage for that same coverage. (B) The cost-sharing (including deductibles, copayments, or coinsurance) imposed with respect to non-mail-order coverage that is not greater (as a percentage of charges or dollar amount, as specified under the coverage) than the cost-sharing imposed with respect to the mail-order coverage. (c) Application to Organizations and Insurers.--A requirement imposed under this section on a health plan offered by a health maintenance organization or insurer shall be deemed to be a requirement imposed on the organization or insurer. SEC. 3. ENFORCEMENT. (a) Health Plan Issued by HMOs and Insurers.-- (1) In general.--Each State shall require that each health plan issued, sold, renewed, offered for sale or operated in such State by a health maintenance organization meet the requirements of section 2 pursuant to an enforcement plan filed by the State with the Secretary of Health and Human Services. A State shall submit such information as required by such Secretary demonstrating effective implementation of the State enforcement plan. (2) Failure to implement plan.--In the case of the failure of a State to substantially enforce the requirements of section 2 with respect to health plans as provided for under the State enforcement plan filed under paragraph (1), the Secretary of Health and Human Services shall implement an enforcement plan to enforce such requirements for organizations and insurers in such State. In the case of a State that fails to substantially enforce such requirements, each health maintenance organization and insurer operating in such State shall be subject to civil enforcement as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140) through the Secretary of Health and Human Services. The civil penalties contained in paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c) (1) and (2)) shall apply to any information required by such Secretary to be disclosed and reported under this subsection. (b) Employee Health Benefit Plans.--With respect to employee health benefit plans, the Secretary of Labor shall enforce the requirements of section 2 in the same manner as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c) (1) and (2)) shall apply to any information required by such Secretary to be disclosed and reported under this subsection. (c) Medicaid.--With respect to a health plan described in section 5(1)(C), the requirements of section 2 shall be treated as requirements of a State plan under title XIX of the Social Security Act. (d) FEHBP.--With respect to a health plan described in section 5(1)(E), the requirements of section 2 shall be treated as a condition for contracting with the plan under chapter 89 of title 5, United States Code. (e) Medicare HMOs.--With respect to a health plan described in section 5(1)(F), the requirements of section 2 shall be treated as requirements of a State plan under section 1876 of the Social Security Act. (f) Regulations.--The Secretaries of Labor and Health and Human Services and the Director of the Office of Personnel Management may promulgate such regulations as may be necessary or appropriate to carry out this Act. (g) Technical Amendment.--Section 508 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1138) is amended by inserting ``and under the Prescription Drug Benefit Equity Act of 1996'' before the period. SEC. 4. CONSTRUCTION; PREEMPTION. (a) In General.--Nothing in this Act shall be construed as preventing a health plan from-- (1) restricting the drugs for which benefits are provided under the plan, or (2) imposing a limitation on the amount of benefits provided with respect to such coverage or the cost-sharing that may be imposed with respect to such coverage, so long as such restrictions and limitations are consistent with this Act. (b) Preemption of State Law.-- (1) In general.--Subject to paragraph (2), nothing in this Act shall be construed to prevent a State from establishing, implementing, or continuing in effect standards and requirements-- (A) not prescribed in this Act; or (B) related to the provision of prescription drug coverage that are consistent with, and are not in direct conflict with, this Act and provide greater protection or benefit to participants, beneficiaries, or individuals. (2) Rule of construction.--Nothing in paragraph (1) shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). SEC. 5. DEFINITIONS. In this Act: (1) Health plan.--The term ``health plan'' means-- (A) an employee welfare benefit plan to the extent that the plan provides medical care to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise, and includes a group health plan (within the meaning of section 5000(b)(1) of the Internal Revenue Code of 1986); (B) benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and whether or not provided to a group, association, or individual) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization group contract offered by an insurer or a health maintenance organization; (C) a State medical assistance plan under title XIX of the Social Security Act; (D) a medicare supplemental policy under section 1882 of the Social Security Act; (E) a health plan under chapter 89 of title 5, United States Code; and (F) benefits provided under a risk-sharing contract under section 1876 of the Social Security Act. (2) Mail-order prescription drug coverage.--The term ``mail-order prescription drug coverage'' means provision of benefits for prescription drugs and biologicals that are delivered directly to beneficiaries through the mail or similar means. (3) Non-mail-order prescription drug coverage.--The term ``non-mail-order prescription drug coverage'' means the provision of benefits for prescription drugs and biologicals through one or more local pharmacies. (4) Local pharmacy.--The term ``local pharmacy'' means, with respect to a prescription drug or biological and a beneficiary, an establishment that is authorized to dispense such drug or biological and that is located within such distance (not to exceed 5 miles in the case of a beneficiary residing in an urban area or 10 miles in the case of a beneficiary residing in a non-urban area) of the residence of such beneficiary, as the Secretary of Health and Human Services shall prescribe. (5) Employee health benefit plan.--The term ``employee health benefit plan'' means any employee welfare benefit plan, governmental plan, or church plan (as defined under paragraphs (1), (32), and (33) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002 (1), (32), and (33))), that provides or pays for health benefits (such as provider and hospital benefits) for participants and beneficiaries (as defined in such section) whether-- (A) directly; (B) through a health plan offered by a health maintenance organization or insurer; or (C) otherwise. Such term includes any health benefit plan under section 5(e) of the Peace Corps Act (22 U.S.C. 2504(e)). (6) Health maintenance organization; hmo.--The terms ``health maintenance organization'' and ``HMO'' mean-- (A) a federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act (42 U.S.C. 300e(a))), (B) an organization recognized under State law as a health maintenance organization, or (C) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization, if it is subject to State law which regulates insurance (within the meaning of section 514(b)(2) of the Employee Retirement Income Security Act of 1974). (7) Insurer.--The term ``insurer'' means an insurance company, insurance service, or insurance organization which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 514(b)(2)(A) of the Employee Retirement Income Security Act of 1974). (8) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 6. EFFECTIVE DATE. This Act shall apply to coverage provided under-- (1) health plans described in section 5(1)(A), for plan years beginning more than 6 months after the date of the enactment of this Act, or (2) other health plans, for contract years beginning more than 6 months after the date of the enactment of this Act.

Prescription Drug Benefit Equity Act of 1996 - Prohibits a health plan from providing mail-order prescription drug coverage without also providing non-mail-order prescription drug coverage meeting benefit and cost-sharing requirements. Provides for enforcement.

Prescription Drug Benefit Equity Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Glacier National Park Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) on May 11, 1910, President William Howard Taft signed a bill establishing Glacier National Park, the Nation's 10th national park; (2) in 1931, members of the Rotary Clubs of Alberta and Montana suggested joining Glacier National Park with its adjacent cross-border Canadian national park, Waterton Lakes National Park, as a symbol of peace and friendship between the 2 nations; (3) in 1932, the United States and Canadian Governments agreed to jointly designate the 2 parks as Waterton-Glacier International Peace Park, the world's first; (4) both parks are Biosphere Reserves, and were named as a World Heritage Site in 1995, highlighting the importance of the parks, not just to the United States and Canada, but to the entire world; (5) Glacier National Park's rugged and soaring mountains, pristine forests, watchable wildlife, alpine meadows, and spectacular lakes have inspired generations of people to explore and experience nature; (6) known as ``The Crown of the Continent'', Glacier National Park, with its awe-inspiring beauty, majesty, and grandeur, is an incredible national treasure; and (7) 2010 will mark the 100th anniversary of the establishment of Glacier National Park. SEC. 3. COIN SPECIFICATIONS. (a) Denomination.--In commemoration of the 100th anniversary of the establishment of Glacier National Park, the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 200,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of 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 Glacier National Park and its natural features and wildlife. (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 2010; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Glacier National Park Fund and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning on January 1, 2010. (c) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2010. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) 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, the first $2,000,000 of the surcharges received by the Secretary from the sale of coins issued under this Act shall be paid by the Secretary to the Glacier National Park Fund of Whitefish, Montana, for use in-- (1) supporting the celebration, preservation, and promotion of Glacier National Park; and (2) maintaining and expanding the infrastructure and facilities of Glacier National Park. (c) Audits.--The Glacier National Park Fund of Whitefish, Montana shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.

Glacier National Park Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 100th anniversary of the establishment of Glacier National Park in Montana, to mint and issue $1 coins emblematic of the Park, its natural features, and wildlife. Prohibits the minting of any coins under this Act after December 31, 2010.

A bill to require the Secretary of the Treasury to mint and issue coins commemorating the 100th anniversary of the establishment of Glacier National Park, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Regenerative Medicine Promotion Act of 2010''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Report on ongoing Federal programs and activities regarding regenerative medicine. Sec. 4. Establishment of Regenerative Medicine Coordinating Council. Sec. 5. Grants for basic or preclinical research into regenerative medicine. Sec. 6. Grants for development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine. Sec. 7. Supporting innovation in regenerative medicine through Cures Acceleration Network. Sec. 8. Funding for Food and Drug Administration Research. SEC. 2. FINDINGS. Congress finds the following: (1) Regenerative medicine has the potential to treat many chronic diseases and promote economic growth in the United States. (2) Regenerative medicine has the potential to provide cures, treatments and diagnostics for a range of diseases and disabilities including diabetes, spinal cord injury, heart disease, stroke, and various forms of cancer. (3) The Department of Defense has stated that regenerative medicine has the potential to treat many battlefield injuries such as burns, that it has the potential to heal wounds without scarring, and that it has the potential to be used for craniofacial reconstruction, limb reconstruction, regeneration, and transplantation. (4) The Department of Health and Human Services and the Multi-Agency Tissue Engineering Science Interagency Working Group have endorsed a national initiative to support research and product development in regenerative medicine. (5) The Department of Health and Human Services has said the potential benefits of regenerative medicine in improved health care and economic savings are enormous. States that have invested in regenerative medicine have experienced economic growth and see future growth potential, including an increase in biotech employment, payroll increases, and proportional impacts on tax receipts. SEC. 3. REPORT ON ONGOING FEDERAL PROGRAMS AND ACTIVITIES REGARDING REGENERATIVE MEDICINE. Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall provide for the completion, and submission to the Congress, of a report identifying all ongoing Federal programs and activities regarding regenerative medicine. SEC. 4. ESTABLISHMENT OF REGENERATIVE MEDICINE COORDINATING COUNCIL. (a) Establishment.--The Secretary of Health and Human Services shall establish, in the Office of the Secretary, a Regenerative Medicine Coordinating Council (in this section referred to as the ``Council''). (b) Composition.--The Council shall be composed of the following: (1) The Secretary of Commerce. (2) The Secretary of Defense. (3) The Secretary of Health and Human Services. (4) The Secretary of the Treasury. (5) The Secretary of Veterans Affairs. (6) The Administrator of the Agency for Healthcare Research and Quality. (7) The Administrator of the Centers for Medicare & Medicaid Services. (8) The Commissioner of Food and Drugs. (9) The Director of the National Institutes of Health. (10) The Director of the National Institutes of Standards and Technology. (11) Such other members as may be appointed by the Secretary. (c) Chair.--The Secretary of Health and Human Services shall be the Chair of the Council. (d) Members Appointed by Secretary.--The members of the Council appointed by the Secretary under subsection (b)(11) shall include insurers, persons from academic institutions, patient advocates, persons with expertise in drug discovery, persons with expertise in drug development, persons with expertise in basic research, persons with expertise in translational research, persons with expertise in medical device development, persons with expertise in biomaterials, and person with expertise in clinical research. (e) Functions.--The Council shall-- (1) consult with and provide information to the Secretary of Health and Human Services for purposes of preparing the report required by section 3; (2) prepare, and keep up-to-date, a national strategy for the promotion of research into regenerative medicine and the development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine; (3) prepare a plan specifying priorities for research into regenerative medicine; (4) not later than 120 days after the date of the enactment of this Act, establish priorities for the award of grants under sections 5 and 6 (relating to grants for basic or preclinical research into regenerative medicine and for development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine, respectively); (5) identify sources of funding for research into regenerative medicine; (6) identify areas where such funding is inadequate; (7) make recommendations regarding Federal regulatory, reimbursement, and other policies that will support development and marketing of regenerative medicine products; (8) develop consensus standards regarding scientific issues critical to regulatory approval of regenerative medicine products; and (9) determine the need for establishing centers of excellence or consortia to further advance regenerative medicine. (f) Transparency; Reporting Requirements.-- (1) Transparency.--The Council shall adopt procedures to ensure the receipt of public input, such as holding public stakeholder meetings or creating advisory boards. (2) Annual reports.--The Council shall submit an annual report on its activities to the Congress, the Director of the National Institutes of Health, and the Commissioner of Food and Drugs. Each such report shall-- (A) provide details on progress in meeting goals identified by the Council for regenerative medicine; (B) identify regenerative medicine products currently on the market and those in development; (C) identify regenerative medicine research and technological advances and discoveries that occurred in the previous year; and (D) assess the impact of regenerative medicine on the Nation's economy, including with respect to-- (i) the number of people employed in companies or research institutions working in regenerative medicine; (ii) the number of companies pursuing regenerative medicine products; and (iii) increases in tax revenues. SEC. 5. GRANTS FOR BASIC OR PRECLINICAL RESEARCH INTO REGENERATIVE MEDICINE. (a) Grants for Basic or Preclinical Research.--The Secretary may make grants to eligible entities for the purpose of funding basic or preclinical research into regenerative medicine. (b) Conditions.--The Secretary may make a grant under this section for research only if-- (1) the research is carried out directly by the grant recipient; (2) the research is partly funded by one or more private entities; and (3) the amount of the grant does not exceed the total amount provided for the research by private entities (other than the grant recipient itself). (c) Terms and Conditions.--A grant under this section may be made on such terms and conditions as the Secretary determines appropriate. (d) Priority.--In awarding grants under this section, the Secretary shall take into consideration the priorities established by the Regenerative Medicine Coordinating Council under section 4(e). (e) Definitions.--In this section: (1) The term ``eligible entity'' means a nonprofit entity or an institution of higher education. (2) The term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) The term ``nonprofit entity'' means an entity that-- (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)); and (B) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)). (4) The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health. (f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $100,000,000 for the period of fiscal years 2011 though 2016. SEC. 6. GRANTS FOR DEVELOPMENT OF DRUGS, BIOLOGICAL PRODUCTS, MEDICAL DEVICES, AND BIOMATERIALS FOR USE IN REGENERATIVE MEDICINE. (a) Grants for Drug Development.--The Secretary may make grants to eligible entities for the purpose of funding projects that have as their aim-- (1) the research and development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine; and (2) the making of an investigational new drug application with respect to such drugs or biological products, or the making of an investigational device exemption application with respect to such devices, by not later than the end of the 4- year period beginning on the date on which such grant is made. (b) Terms and Conditions.--A grant under this section may be made on such terms and conditions as the Secretary determines appropriate. (c) Priority.--In awarding grants under this section, the Secretary shall take into consideration the priorities established by the Regenerative Medicine Coordinating Council under section 4(e). (d) Definitions.--In this section: (1) The term ``biological product'' has the meaning given the term in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (2) The terms ``drug'' and ``medical device'' have the meanings given to the terms ``drug'' and ``device'', respectively, in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (3) The term ``eligible entity'' means a collaborative partnership including-- (A) a qualified nonprofit entity or an institution of higher education; and (B) a for-profit entity. (4) The term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (5) The term ``investigational new drug application'' means an investigational new drug application that is made to the Food and Drug Administration under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 505(i)). (6) The term ``investigational device exemption application'' means an application for an investigational device exemption that is made to the Food and Drug Administration under section 520(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)). (7) The term ``qualified nonprofit entity'' means an entity that-- (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)); and (B) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)). (8) The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health. (e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $100,000,000 for the period of fiscal years 2011 though 2016. SEC. 7. SUPPORTING INNOVATION IN REGENERATIVE MEDICINE THROUGH CURES ACCELERATION NETWORK. Section 402C of the Public Health Service Act (42 U.S.C. 282d) is amended-- (1) in subsection (d), by adding at the end the following: ``(7) Collaboration.--With respect to activities of the Board relating to medical products and behavioral therapies for use in regenerative medicine, the Board shall collaborate with the Regenerative Medicine Coordinating Council.''; (2) in subsection (e)(3), by adding at the end the following: ``(D) The cures acceleration awards with respect to products and therapies for use in regenerative medicine.--The Director of NIH may, without regard to subparagraphs (A), (B), and (C), provide assistance under paragraph (1) with respect to medical products and behavioral therapies for use in regenerative medicine, including assistance-- ``(i) to perform clinical trials under a protocol approved by the Commissioner of Food and Drugs or studies which use good manufacturing practice or good laboratory practice procedures and the data from which are intended for inclusion in an investigational new drug application or an investigational device exemption application; or ``(ii) to perform basic research or preclinical studies in regenerative medicine the data from which are not intended for inclusion in an investigational new drug application or an investigational device exemption application.''; and (3) in subsection (g)-- (A) in paragraph (2), by striking ``paragraph (1)'' and inserting ``paragraph (1) or (2)''; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following: ``(2) Regenerative medicine.--For providing assistance under subsection (e)(1) with respect to medical products and behavioral therapies for use in regenerative medicine, in addition to amounts authorized to be appropriated by paragraph (1), there are authorized to be appropriated $100,000,000 for each of fiscal years 2011 through 2015.''. SEC. 8. FUNDING FOR FOOD AND DRUG ADMINISTRATION RESEARCH. (a) Grants.--The Secretary may-- (1) conduct, support, or collaborate in regulatory research for the purpose of assisting the Food and Drug Administration to perform its functions with respect to regenerative medicine; or (2) make grants to fund regulatory research for such purpose. (b) Definitions.--In this section: (1) The term ``regulatory research'' means research regarding development, evaluation, and availability of new or improved tools, methods, standards, and applied science that support a better understanding and improved evaluation of product safety, quality, effectiveness, and manufacturing throughout the product life cycle. (2) The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs. (c) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $25,000,000 for fiscal year 2011 and $125,000,000 for the period of fiscal years 2012 though 2016.

Regenerative Medicine Promotion Act of 2010 - Requires the Secretary of Health and Human Services (HHS) to: (1) submit to Congress a report identifying all ongoing federal programs and activities regarding regenerative medicine; and (2) establish a Regenerative Medicine Coordinating Council in the Office of the Secretary. Includes among the duties of the Council: (1) preparing a national strategy for the promotion of research into regenerative medicine and the development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine; (2) identifying sources of funding for research into regenerative medicine and areas where such funding is inadequate; and (3) making recommendations regarding federal policies to support development and marketing of regenerative medicine products. Authorizes the Secretary, acting through the Director of the National Institutes of Health (NIH), to make grants for: (1) basic or preclinical research into regenerative medicine; (2) research and development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine; and (3) the making of an investigational new drug application or an investigational device exemption application within four years of receiving such grant. Amends the Public Health Service Act to authorize the Director of NIH to award grants, contracts, or cooperative agreements to accelerate the development of high need cures through the development of medical products and behavioral therapies for use in regenerative medicine. Authorizes the Secretary, acting through the Commissioner of Food and Drugs, to: (1) conduct, support, or collaborate in regulatory research to assist the Food and Drug Administration (FDA) in performing its functions with respect to regenerative medicine; or (2) make grants to fund regulatory research for such purpose.

To provide for a Federal initiative to support regenerative medicine through increased funding for research and commercial development of regenerative medicine products and development of a regulatory environment that enables rapid approval of safe and effective products, and for other purposes.

SECTION 1. FINDINGS. Congress finds that-- (1) the Constitution requires that the number of persons in the Nation be enumerated every 10 years in order to permit the apportionment of Representatives in Congress among the several States; (2) information collected through a decennial census is also used to determine-- (A) the boundaries of congressional districts within the States; (B) the boundaries of the districts for the legislature of each State and the boundaries of other political subdivisions within the States; and (C) the allocation of billions of dollars of Federal and State funds; (3) the 1990 decennial census missed over 8,000,000 Americans, and was the first one in history to be less accurate than the previous decennial census; (4) the 1990 decennial census missed 4.4 percent of all African-Americans, 5 percent of all Hispanics, 2.3 percent of all Asian-Pacific Americans, and 4.5 percent of all American- Indians, thereby denying these communities adequate political representation and their fair share of Federal funding; (5) in the 1990 decennial census, only 2 out of every 3 households returned their census forms; (6) in order to obtain an accurate census, the Bureau of the Census sends enumerators to visit every household that does not return a census form, which is an extremely costly and time-consuming process; (7) the mailback response rate has been declining over the past several decennial censuses, and is expected to decline yet again in the 2000 census; (8) the Bureau of the Census has estimated that the mailback response rate for the 2000 decennial census will be approximately 61 percent; (9) a recent report by the General Accounting Office found that if the mailback response rate for the 2000 decennial census is less than 61 percent, or if the Bureau of the Census is unable to hire enough enumerators at its proposed wage scale, the Bureau would have to adopt a contingency plan to guarantee an accurate count; such a plan would require the Bureau to spend more money than is currently budgeted for the 2000 decennial census; (10) the Bureau of the Census estimates that it will need to recruit nearly 3,500,000 applicants to fill about 860,000 positions for the 2000 decennial census, a staffing goal that will be difficult to achieve because the labor market has become increasingly tight; (11) in 1993, the Bureau concluded that legislation providing that pay for temporary census enumerators in the 2000 decennial census which did not reduce benefits under Federal assistance programs would make it easier for the Bureau to hire neighborhood people as temporary census enumerators in low- income neighborhoods; (12) Congress must act before the start of the decennial census to guarantee that additional funding will be available in the event that the Bureau of the Census is forced to devote additional resources to obtain an accurate count; and (13) if Congress fails to so act, the result may be a less accurate decennial census that disproportionately harms our Nation's minorities, children, and urban and rural poor. SEC. 2. ADDITIONAL FUNDS. (a) In General.--For necessary expenses to conduct the 2000 decennial census, there is appropriated, out of any money in the Treasury not otherwise appropriated, an additional $100,000,000 for fiscal year 2000, to remain available until expended. (b) Condition.--The amount appropriated under this Act shall be available for obligation or expenditure only if, and to the extent that, the Secretary of Commerce first submits to Congress a written determination (supported by specific findings) that-- (1) those funds are necessary to obtain an accurate and timely 2000 decennial census; and (2) sufficient funds are not otherwise available for the purposes involved. SEC. 3. PROVISIONS TO PROMOTE THE RECRUITMENT OF TEMPORARY CENSUS EMPLOYEES. (a) Definitions.--For purposes of this section-- (1) the term ``2000 census position'' means a temporary position in the Bureau of the Census established for purposes relating to the 2000 decennial census; (2) the term ``temporary'' is used in the same way as described in section 24(b) of title 13, United States Code; (3) the term ``census'' means a census of population within the meaning of section 141(g) of title 13, United States Code; (4) the terms ``uniformed services'' and ``Secretary concerned'' have the meanings given those terms by section 101 of title 37, United States Code; and (5) the term ``voluntary separation incentive payment'' includes such a payment, whether offered on a Governmentwide basis or otherwise. (b) Authorization for Members of Uniformed Services To Hold Temporary Census Employment.--A member of the uniformed services, with the approval of the Secretary concerned, may be appointed to and compensated for service in a 2000 census position without regard to the member's duty status, including status on active duty. Such an appointment, if accepted, shall not affect the member's status in the member's uniformed service or the member's pay and allowances as such a member. (c) Temporary Census Employment Not To Affect Right To Retain a Voluntary Separation Incentive Payment.--The acceptance of an appointment to a 2000 census position shall not be taken into account for purposes of applying section 3(d) of Public Law 103-226 or any similar provision of law, rule, or regulation requiring the repayment of a voluntary separation incentive payment by reason of an individual's accepting reemployment with the Government. (d) Compensation for Service as a Temporary Census Employee Not To Cause Ineligibility for or any Reduction in Certain Benefits.-- (1) In general.--Notwithstanding any other provision of law, the earning or receipt by an individual of compensation for service performed by such individual in a 2000 census position shall not have the effect of causing-- (A) such individual or any other individual to become ineligible for any benefits described in paragraph (2); or (B) a reduction in the amount of any benefits described in paragraph (2) for which such individual or any other individual would otherwise be eligible. (2) Benefits described.--This subsection shall apply with respect to benefits provided under any Federal program or under any State or local program financed in whole or in part with Federal funds. (3) Rule of construction.--Nothing in this subsection shall be considered to apply with respect to the Internal Revenue Code of 1986. (e) Applicability.--Subsections (b) and (c) shall apply with respect to an appointment to a 2000 census position accepted after the date of enactment of this Act and before January 1, 2001. Subsection (d) shall apply with respect to compensation for service performed in a 2000 census position after the date of enactment of this Act and before January 1, 2001.

Permits a member of the uniformed services to be appointed to and compensated for service in a 2000 census position without regard to the member's duty status, including status on active duty. Provides that such an appointment shall not affect the member's uniformed service status or pay and allowances. Prohibits taking into account the acceptance of an appointment to a 2000 census position for purposes of applying requirements pertaining to the repayment of a voluntary separation incentive payment by reason of an individual's accepting subsequent reemployment with the Government or any other similar provision of law, rule, or regulation. Prohibits the earning or receipt of compensation for service performed by an individual in a 2000 census position from causing: (1) any individual to become ineligible for any benefits provided under any Federal program or any State, or local program financed with Federal funds; or (2) a reduction in the amount of any such benefits. Declares that nothing in such provision shall be considered to apply with respect to the Internal Revenue Code of 1986.

To make additional funds available to the Secretary of Commerce for purposes of the 2000 decennial census, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Death in Custody Reporting Act of 2013''. SEC. 2. STATE INFORMATION REGARDING INDIVIDUALS WHO DIE IN THE CUSTODY OF LAW ENFORCEMENT. (a) In General.--For each fiscal year after the expiration of the period specified in subsection (c)(1) in which a State receives funds for a program referred to in subsection (c)(2), the State shall report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding the death of any person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, State prison, State-run boot camp prison, boot camp prison that is contracted out by the State, any State or local contract facility, or other local or State correctional facility (including any juvenile facility). (b) Information Required.--The report required by this section shall contain information that, at a minimum, includes-- (1) the name, gender, race, ethnicity, and age of the deceased; (2) the date, time, and location of death; (3) the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and (4) a brief description of the circumstances surrounding the death. (c) Compliance and Ineligibility.-- (1) Compliance date.--Each State shall have not more than 120 days from the date of enactment of this Act to comply with subsection (a), except that-- (A) the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and (B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State. (2) Ineligibility for funds.--For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State 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.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (d) Reallocation.--Amounts not allocated under a program referred to in subsection (c)(2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection. (e) Definitions.--In this section the terms ``boot camp prison'' and ``State'' have the meaning given those terms, respectively, in section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)). (f) Study and Report of Information Relating to Deaths in Custody.-- (1) Study required.--The Attorney General shall carry out a study of the information reported under subsection (b) and section 3(a) to-- (A) determine means by which such information can be used to reduce the number of such deaths; and (B) examine the relationship, if any, between the number of such deaths and the actions of management of such jails, prisons, and other specified facilities relating to such deaths. (2) Report.--Not later than 2 years after the date of the enactment of this Act, the Attorney General shall prepare and submit to Congress a report that contains the findings of the study required by paragraph (1). SEC. 3. FEDERAL LAW ENFORCEMENT DEATH IN CUSTODY REPORTING REQUIREMENT. (a) In General.--For each fiscal year (beginning after the date that is 120 days after the date of the enactment of this Act), the head of each Federal law enforcement agency shall submit to the Attorney General a report (in such form and manner specified by the Attorney General) that contains information regarding the death of any person who is-- (1) detained, under arrest, or is in the process of being arrested by any officer of such Federal law enforcement agency (or by any State or local law enforcement officer while participating in and for purposes of a Federal law enforcement operation, task force, or any other Federal law enforcement capacity carried out by such Federal law enforcement agency); or (2) en route to be incarcerated or detained, or is incarcerated or detained at-- (A) any facility (including any immigration or juvenile facility) pursuant to a contract with such Federal law enforcement agency; (B) any State or local government facility used by such Federal law enforcement agency; or (C) any Federal correctional facility or Federal pre-trial detention facility located within the United States. (b) Information Required.--Each report required by this section shall include, at a minimum, the information required by section 2(b). (c) Study and Report.--Information reported under subsection (a) shall be analyzed and included in the study and report required by section 2(f). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. Death in Custody Reporting Act of 2013 - Requires states that receive allocations under specified provisions of the Omnibus Crime Control and Safe Streets Act of 1968, whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise, to report to the Attorney General on a quarterly basis certain information regarding the death of any person who is detained, arrested, en route to incarceration, or incarcerated in state or local facilities or a boot camp prison. Imposes penalties on states that fail to comply with such reporting requirements..Requires the head of each federal law enforcement agency to report to the Attorney General annually certain information regarding the death of any person who: (1) is detained or arrested by any officer of such agency (or by any state or local law enforcement officer for purposes of a federal law enforcement operation); or (2) is en route to be incarcerated or detained, or is incarcerated or detained, at any federal correctional facility or federal pretrial detention facility located within the United States or any other facility pursuant to a contract with or used by such agency.Requires the Attorney General to study such information and report on means by which it can be used to reduce the number of such deaths.

Death in Custody Reporting Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Patient Access to Clinical Studies Act of 1997''. SEC. 2. COVERAGE FOR INDIVIDUALS PARTICIPATING IN APPROVED CLINICAL STUDIES. (a) Amendments to ERISA.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (as added by section 603(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 702(a) of the Mental Health Parity Act of 1996) is amended by adding at the end the following new section: ``SEC. 713. COVERAGE FOR INDIVIDUALS PARTICIPATING IN APPROVED CLINICAL STUDIES. ``(a) Permitting Participation in Approved Clinical Studies.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, may not deny (or limit or impose additional conditions on) the coverage of items and services furnished to an enrollee if-- ``(1) the enrollee is participating in an approved clinical study, ``(2) the items and services are furnished according to the design of the study or to treat conditions resulting from participation in the study, and ``(3) the items and services would otherwise be covered under the plan except for the fact that they are provided in connection with participation in such a study. Such a plan or issuer may not discriminate against an enrollee on the basis of the enrollee's participation in such a study. ``(b) Construction.--Nothing in subsection (a) shall be construed as requiring a group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, to provide for payment for items and services normally paid for as part of an approved clinical study. ``(c) Approved Clinical Study Defined.--In this section, the term `approved clinical study' means-- ``(1) a research study approved by the Secretary of Health and Human Services, the Director of the National Institutes of Health, the Commissioner of the Food and Drug Administration, the Secretary of Veterans Affairs, the Secretary of Defense, or a qualified nongovernmental research entity (as defined in guidelines of the National Institutes of Health), or ``(2) a peer-reviewed and approved research program, as defined by the Secretary of Health and Human Services, conducted for the primary purpose of determining whether or not a treatment is safe, efficacious, or having any other characteristic of a treatment which must be demonstrated in order for the treatment to be medically necessary or appropriate.''. (b) Amendments to PHSA.-- (1) Group market.--Subpart 2 of part A of title XXVII of the Public Health Service Act (as added by section 604(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 703(a) of the Mental Health Parity Act of 1996) is amended by adding at the end the following new section: ``SEC. 2706. COVERAGE FOR INDIVIDUALS PARTICIPATING IN APPROVED CLINICAL STUDIES. ``(a) Permitting Participation in Approved Clinical Studies.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, may not deny (or limit or impose additional conditions on) the coverage of items and services furnished to an enrollee if-- ``(1) the enrollee is participating in an approved clinical study, ``(2) the items and services are furnished according to the design of the study or to treat conditions resulting from participation in the study, and ``(3) the items and services would otherwise be covered under the plan except for the fact that they are provided in connection with participation in such a study. Such a plan or issuer may not discriminate against an enrollee on the basis of the enrollee's participation in such a study. ``(b) Construction.--Nothing in subsection (a) shall be construed as requiring a group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, to provide for payment for items and services normally paid for as part of an approved clinical study. ``(c) Approved Clinical Study Defined.--In this section, the term `approved clinical study' means-- ``(1) a research study approved by the Secretary of Health and Human Services, the Director of the National Institutes of Health, the Commissioner of the Food and Drug Administration, the Secretary of Veterans Affairs, the Secretary of Defense, or a qualified nongovernmental research entity (as defined in guidelines of the National Institutes of Health), or ``(2) a peer-reviewed and approved research program, as defined by the Secretary of Health and Human Services, conducted for the primary purpose of determining whether or not a treatment is safe, efficacious, or having any other characteristic of a treatment which must be demonstrated in order for the treatment to be medically necessary or appropriate.''. (2) Individual market.--Subpart 3 of part B of title XXVII of the Public Health Service Act (as added by section 605(a) of the Newborn's and Mother's Health Protection Act of 1996) is amended by adding at the end the following new section: ``SEC. 2752. COVERAGE FOR INDIVIDUALS PARTICIPATING IN APPROVED CLINICAL STUDIES. ``The provisions of section 2706 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. SEC. 3. EFFECTIVE DATE. The amendment made by this Act shall apply-- (1) with respect to group health plans for plan years beginning on or after January 1, 1998; and (2) with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 1998.

Improved Patient Access to Clinical Studies Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit a group health plan and a health insurance issuer offering coverage in connection with a group health plan from denying, limiting, or imposing additional conditions on coverage if: (1) the enrollee is participating in an approved clinical study; (2) the items and services are furnished according to the study's design or to treat conditions resulting from study participation; and (3) the items and services would otherwise be covered. Amends the Public Health Service Act to apply that prohibition to coverage offered by an issuer in the individual market.

Improved Patient Access to Clinical Studies Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``EAC Improvements Act of 2011''. SEC. 2. REAUTHORIZATION OF COMMISSION. (a) Reauthorization.--Section 210 of the Help America Vote Act of 2002 (42 U.S.C. 15330) is amended by striking ``for each of the fiscal years 2003 through 2005'' and inserting ``for each of the fiscal years 2012 through 2016''. (b) Treatment of Commission in Same Manner as Federal Election Commission for Purposes of Paperwork Reduction Act.--Section 3502(1) of title 44, United States Code, is amended-- (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) the Election Assistance Commission;''. SEC. 3. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL ELECTION SURVEYS. (a) Requirement.--Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION SURVEYS. ``(a) Requirement.--Each State shall furnish to the Commission such information as the Commission may request for purposes of conducting any post-election survey of the States with respect to the administration of a regularly scheduled general election for Federal office. ``(b) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2012 and any succeeding election.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (42 U.S.C. 15511) is amended by striking ``and 303'' and inserting ``303, and 303A''. (c) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: ``Sec. 303A. Requiring participation in post-general election surveys.''. SEC. 4. DETERMINING EXTENT TO WHICH DISABLED INDIVIDUALS HAVE ACCESS TO POLLING PLACES. (a) Ongoing Surveys of Compliance With ADA.--In accordance with section 241 of the Help America Vote Act of 2002 (42 U.S.C. 15381), not later than 180 days after the date of the regularly scheduled general election for Federal office held in November 2012 and each succeeding regularly scheduled general election for Federal office, the Election Assistance Commission, shall, with the assistance of the Comptroller General, conduct and publish a survey of each polling place used for the election to determine the percentage of such polling places that were in compliance with the standards applicable to such locations under the Americans With Disabilities Act of 1990. (b) Evaluation of Need To Continue Surveys.--At the time the Election Assistance Commission publishes the results of the survey conducted under subsection (a) with respect to the regularly scheduled general election for Federal office held in November 2020, the Commission shall evaluate and make a recommendation to Congress regarding whether the percentage of polling places in compliance with the standards applicable to such locations under the Americans With Disabilities Act of 1990 has increased to such an extent that there is no longer a need to conduct surveys under subsection (a) with respect to subsequent elections. SEC. 5. ESTABLISHMENT OF PROCEDURES AND FEE SCHEDULES FOR CONDUCTING TESTING OF VOTING EQUIPMENT HARDWARE AND SOFTWARE; PAYMENT OF USER FEES FOR COMPENSATION OF ACCREDITED LABORATORIES. (a) In General.--Section 231(b) of the Help America Vote Act of 2002 (42 U.S.C. 15371(b)) is amended by adding at the end the following new paragraphs: ``(3) Procedures for conducting testing; payment of user fees for compensation of accredited laboratories.-- ``(A) Establishment of escrow account.--The Commission shall establish an escrow account (to be known as the `Testing Escrow Account') that will serve as the exclusive source for making payments to accredited laboratories for the costs of the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software. ``(B) Schedule of fees.--In consultation with the accredited laboratories, the Commission shall establish and regularly update a schedule of fees for the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software, based on the reasonable costs expected to be incurred by the accredited laboratories in carrying out the testing for various types of hardware and software. ``(C) Requests and payments by manufacturers.--A manufacturer of voting system hardware and software may not have the hardware or software tested by an accredited laboratory under this section unless-- ``(i) the manufacturer submits a detailed request for the testing to the Commission; ``(ii) the request provides sufficient information for the Commission to determine the applicable fee for the testing under the schedule established and in effect under subparagraph (B); ``(iii) the Commission approves the request; and ``(iv) the manufacturer pays to the Commission, for deposit into the Testing Escrow Account established under subparagraph (A), the applicable fee for the testing. ``(D) Selection of laboratory.--Upon approving a request for testing and receiving the payment from a manufacturer required under subparagraph (C), the Commission shall select at random (to the greatest extent practicable), from all laboratories which are accredited under this section to carry out the specific testing requested by the manufacturer, an accredited laboratory to carry out the testing. ``(E) Payments to laboratories.--Upon determining that a laboratory selected to carry out testing pursuant to subparagraph (D) has completed the testing in accordance with the approved request, the Commission shall make a payment to the laboratory from the Testing Escrow Account established under subparagraph (A) in an amount equal to the applicable fee paid by the manufacturer under subparagraph (C)(iv). ``(4) Dissemination of additional information on accredited laboratories.-- ``(A) List of accredited laboratories.--The Commission shall maintain and publish an updated list of all accredited laboratories under this section. ``(B) Information on status of laboratories.--In addition to updating the list maintained and published under subparagraph (A), the Commission shall promptly notify Congress, the chief State election official of each State, and the public whenever-- ``(i) the Commission revokes, terminates, or suspends the accreditation of a laboratory under this section; ``(ii) the Commission restores the accreditation of a laboratory under this section which has been revoked, terminated, or suspended; or ``(iii) the Commission has credible evidence of a significant security failure at an accredited laboratory. ``(C) Information on testing.--Upon completion of the testing of a voting system under this section, the Commission shall promptly disseminate to the public the identification of the laboratory which carried out the testing.''. (b) Conforming Amendments.--Section 231 of such Act (42 U.S.C. 15371) is further amended-- (1) in subsection (a)(1), by striking ``testing, certification,'' and all that follows and inserting the following: ``testing of voting system hardware and software by accredited laboratories in connection with the certification, decertification, and recertification of the hardware and software for purposes of this Act.''; (2) in subsection (a)(2), by striking ``testing, certification,'' and all that follows and inserting the following: ``testing of its voting system hardware and software by the laboratories accredited by the Commission under this section in connection with certifying, decertifying, and recertifying the hardware and software.''; (3) in subsection (b)(1), by striking ``testing, certification, decertification, and recertification'' and inserting ``testing''; and (4) in subsection (d), by striking ``testing, certification, decertification, and recertification'' each place it appears and inserting ``testing''. (c) Deadline for Establishment of Escrow Account and Schedule of Fees.--The Election Assistance Commission shall establish the Testing Escrow Account and schedule of fees described in section 231(b)(3) of the Help America Vote Act of 2002 (as added by subsection (a)) not later than January 1, 2012. SEC. 6. STUDIES OF METHODS TO REDUCE COSTS OF ADMINISTERING ELECTIONS. (a) Analysis of Factors Affecting Costs of Administering Elections.--The Election Assistance Commission shall conduct a study analyzing various factors that affect the costs to States and units of local government of administering elections for Federal office, including the following specific factors: (1) The durability of the equipment used in voting systems. (2) The extent to which States and units of local government must replace existing systems because such systems are not capable of using enhanced software or are not capable of being upgraded in a cost-effective manner. (3) The lack of competition among vendors and manufacturers of the equipment used in voting systems because of consolidation in the voting system industry. (b) Recommendations for Steps To Reduce Costs.--The Commission shall include in the study conducted under this section such recommendations as the Commission shall consider appropriate to reduce the costs incurred by States and units of local government in administering elections for Federal office, including recommendations for legislative action by Congress or the States. (c) Deadline.--Not later than 180 days after the date of the enactment of this Act, the Commission shall submit the study conducted under this section to Congress. SEC. 7. STUDY OF METHODS FOR INCREASING EFFICIENCY AND COST- EFFECTIVENESS OF ELECTION ASSISTANCE COMMISSION. (a) Study.--The Comptroller General shall conduct a study of the administrative operations of the Election Assistance Commission, and shall include in the study an analysis of various methods for increasing the efficiency and cost-effectiveness of such operations. (b) Deadline; Report.--Not later than 90 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), and shall include in the report such recommendations as the Comptroller General considers appropriate. (c) Participation of Election Assistance Commission.--The Election Assistance Commission shall provide the Comptroller General with such assistance as the Comptroller General may require to carry out this section.

EAC Improvements Act of 2011 - Amends the Help America Vote Act of 2002 to: (1) reauthorize the Election Assistance Commission (EAC), and (2) require states to participate in post-general election surveys. Requires the EAC to: (1) conduct and publish a survey of each polling place used in an election to determine the percentage of them in compliance with standards under the Americans with Disabilities Act; (2) establish an escrow account for making payments to accredited laboratories for the costs of the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software; (3) establish a schedule of fees for such testing; and (4) maintain and publish an updated list of all accredited laboratories. Directs the EAC to analyze various factors that affect the costs to state and local governments of administering elections for federal office. Directs the Comptroller General to study the administrative operations of the EAC, including various methods for increasing their efficiency and cost-effectiveness.

To amend the Help America Vote Act of 2002 to improve the operations of the Election Assistance Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoration of State Sovereignty Act of 2011''. SEC. 2. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO NOT EXPRESSLY WAIVE. (a) Retention of Rights and Authorities.--No officer, employee, or other authority of the Federal Government shall enforce against an authority of a State, nor shall any authority of a State have any obligation to obey, any requirement imposed as a condition of receiving Federal financial assistance under a grant program established under Federal law, nor shall such program operate within a State, unless the legislature of that State shall have by law expressly approved that program and, in doing so, have waived the State's rights and authorities to act inconsistently with any requirement that might be imposed by the Federal Government as a condition of receiving that assistance. (b) Amendment of Terms of Receipt of Federal Financial Assistance.--An officer, employee, or other authority of the Federal Government may release Federal financial assistance under a grant program established under Federal law to a State only after the legislature of the State has by law expressly approved the program (as described in subsection (a)) or amended the requirements imposed by the Federal Government as conditions of receiving that assistance. In the case of amendments made by a State pursuant to the preceding sentence, such an officer, employee, or other authority may not release such Federal financial assistance to the extent that any such amendments are inconsistent with the Federal law under which the assistance is provided. (c) Exceptions for Certain Grant Programs.--Subsections (a) and (b) shall not apply with respect to any grant program under either of the following: (1) The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (2) Title 38, United States Code. (d) Special Rule for States With Biennial Legislatures.--In the case of a State with a biennial legislature-- (1) during a year in which the State legislature does not meet, subsections (a) and (b) shall not apply; and (2) during a year in which the State legislature meets, subsections (a) and (b) shall apply, and, with respect to any grant program established under Federal law during the most recent year in which the State legislature did not meet, the State may by law expressly disapprove the grant program, and, if such disapproval occurs, an officer, employee, or other authority of the Federal Government may not release any additional Federal financial assistance to the State under that grant program. (e) Definition of State Authority.--As used in this section, the term ``authority of a State'' includes any administering agency of the State, any officer or employee of the State, and any local government authority of the State. (f) Effective Date.--This section applies in each State beginning on the 90th day after the end of the first regular session of the legislature of that State that begins 5 years after the date of the enactment of this Act and shall continue to apply in subsequent years until otherwise provided by law. SEC. 3. DEDICATION OF SAVINGS TO DEFICIT REDUCTION. (a) Statement of Excess Grant Funds.--Upon the determination of an officer, employee, or other authority of the Federal Government under section 2(b) that Federal financial assistance under a grant program may not be released to a State for a fiscal year, the officer, employee, or other authority shall prepare a statement of the determination and the amount of excess grant funds involved, provide the statement to the Director of the Office of Management and Budget, and include the statement on the official public Internet website of the Federal department or agency involved. (b) Rescission of Excess Grant Funds.--Upon the receipt of a statement under subsection (a) by the Director of the Office of Management and Budget, the amount involved shall be rescinded from the funds made available for the grant program in the applicable appropriation Act for the fiscal year. All such rescinded amounts shall be used only for reducing the deficit in the budget of the Government for that fiscal year. (c) OMB Annual Report.--Within 30 days after the end of each fiscal year, the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and include on its official public Internet website, a report specifying the total amount of rescissions made during the fiscal year under subsection (b) and delineating the rescissions by appropriation Acts, accounts, and programs, projects, and activities. (d) Special Rule for States With Biennial Legislatures.--In the case of a State with a biennial legislature, any statement required under subsection (a) shall be prepared only with respect to a fiscal year during which the State legislature meets. SEC. 4. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE. In this Act, the term ``State with a biennial legislature'' means a State the legislature of which meets every other year.

Restoration of State Sovereignty Act of 2011 - Provides that no federal authority shall enforce against any state authority, nor shall any state authority have any obligation to obey, any requirement imposed as a condition of receiving federal financial assistance under a federal grant program, nor shall such program operate within a state, unless the legislature of that state has expressly approved that program and, in doing so, waived the state's rights and authorities to act inconsistently with any requirement that might be imposed by the federal government as a condition of receiving that assistance. Authorizes a federal authority to release financial assistance under a federal grant program to a state only after the state's legislature has expressly approved the program or amended the requirements imposed by the federal government as conditions of receiving such assistance, provided such amendments are consistent with the federal law under which the assistance is provided. Excepts any grant program under the Individuals with Disabilities Education Act or Title 38 of the United States Code (Veterans Benefits). Requires a federal authority, upon determining that assistance under a federal grant program may not be released to a state for a fiscal year, to: (1) prepare a statement of the determination and the amount of excess grant funds involved, (2) provide such statement to the Director of the Office of Management and Budget (OMB), and (3) include the statement on the official public website of the federal agency involved. Requires that such amount be rescinded from funds made available for the grant program and used only for reducing the budget deficit. Requires the Director to report on the total amount of such rescissions made each fiscal year, delineated by appropriation Acts, accounts, and programs, projects, and activities. Makes this Act inapplicable to states with a legislature that meets every other year (biennial legislature) for the year in which the legislature does not meet.

To restore State sovereignty, and to dedicate excess grant funds to deficit reduction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Tribal Government Sovereignty Protection Act of 2016''. SEC. 2. FINDINGS. The Congress finds the following: (1) The people of the States created the national government when they delegated to it those enumerated governmental powers relating to matters beyond the competence of the individual States. All other sovereign powers, save those expressly prohibited the States by the Constitution, are reserved to the States or the people. (2) In most areas of governmental concern, the States uniquely possess the constitutional authority, the resources, and the competence to discern the sentiments of the people and to govern accordingly. (3) Our constitutional system encourages a healthy diversity in the public policies adopted by the people of the several States according to their own conditions, needs, and desires. Individual States and communities are free to experiment with a variety of approaches to public issues. One- size-fits-all approaches to public policy problems can inhibit the creation of effective solutions to problems. (4) Federal action limiting the policymaking discretion of the States should be taken only where constitutional and statutory authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope. (5) Federal agencies must recognize the distinction between problems of national scope (which may justify Federal action) and problems that are merely common to the States (which will not justify Federal action because individual States, acting individually or together, can effectively deal with them). (6) On March 26, 2015, the Bureau of Consumer Financial Protection released an outline of proposals under consideration for potential rulemakings for ``payday, vehicle title, and similar loans''. (7) The Bureau acknowledged that ``markets for payday, vehicle title, and similar loans are regulated by a variety of state laws, as well as some tribal and municipal laws''. The Bureau specifically acknowledged that ``Some jurisdictions have imposed usury limits that prohibit lenders from offering high- cost credit. In other jurisdictions, certain products are specifically authorized by state laws, often crafted as exceptions to general state credit regulation, including consumer loan laws and general usury limits. Some of the states authorizing these products have sought to regulate loan structures and lender practices in a variety of ways, including limiting permissible costs, restricting reborrowing in certain circumstances, or setting a maximum ratio for the amount of debt on such loans to gross monthly income. States, tribes, and local governments also impose a variety of licensure requirements on lenders engaged in payday and vehicle title lending.''. This variation in State, local, and tribal law suggests a healthy, dynamic, legal environment in which the democratically elected representatives in each jurisdiction respond appropriately to the particular conditions, needs, and desires of their constituents. (8) Notwithstanding the foregoing, the Director of the Bureau seeks to ``establish a federal floor for consumer protection for covered loans'', thus substituting the Director's own judgment for that of State, tribal, and local governments. (9) The Bureau made no showing that any State or tribal government lacks the legal authority to enact laws or regulations that are substantially similar to the Bureau's outline of proposals. (10) The Bureau made no showing that any State or tribal government is incapable of protecting its citizens from potential risks associated with using payday, vehicle title, and similar loans. (11) The Bureau's proposals, if implemented, would be an unwarranted infringement of State and tribal sovereignty and a violation of fundamental federalist principles designed to secure the liberty of the American people. SEC. 3. MORATORIUM. (a) Prohibition on Payday Loans, Vehicle Title Loans, and Other Similar Loan Regulations.--The Bureau of Consumer Financial Protection may not issue or enforce any rule or regulation with respect to payday loans, vehicle title loans, or other similar loans during the 24-month period beginning on the date of enactment of this Act. (b) Payday Loan.--For purposes of this section the term ``payday loan'' means a loan described under section 1024(a)(1)(E) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5514(a)(1)(E)). SEC. 4. PROTECTING STATE AND TRIBAL GOVERNMENT SOVEREIGNTY. Section 1022(b) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5512(b)) is amended by adding at the end the following: ``(5) Protecting state and tribal government sovereignty with respect to payday loans, vehicle title loans, and other similar loans.-- ``(A) In general.--Notwithstanding any other provision of law, the Bureau may not issue any final rule or regulation to regulate payday loans, vehicle title loans, or other similar loans, unless the Bureau first-- ``(i) consults with appropriate State, tribal, and local officials in each jurisdiction that may be affected by the rule regarding the effect of the rule on State, tribal, or local sovereignty, laws, regulations, and citizens; ``(ii) carries out a study that-- ``(I) examines the Bureau's constitutional and statutory authority to preempt State, tribal, and local laws and regulations; ``(II) examines the effect the rule or regulation will have on the laws and regulations of individual States, federally recognized Indian tribes, and municipalities; and ``(III) identifies alternative proposals to mitigate potential risks associated with using payday loans, vehicle title loans, and other similar loans without infringing upon State and tribal sovereignty or preempting State and tribal laws and regulations; and ``(iii) issues a public report that-- ``(I) contains all findings and determinations made by the Bureau in carrying out such study; ``(II) addresses all comments and advice received during consultation with State, tribal, and local officials; ``(III) lists each State, tribal, or local law and regulation (or any portion thereof) the Bureau proposes to preempt by rule or regulation; ``(IV) identifies by name any State or federally recognized Indian tribe that lacks the legal authority to enact laws or regulations that are substantially similar to the rule or regulation, and states the basis for why the Bureau has determined that the State or federally recognized Indian tribe lacks such authority; and ``(V) identifies by name any State or federally recognized Indian tribe the Director believes is incapable of protecting its citizens from potential risks associated with using payday loans, vehicle title loans, and other similar loans, and states the basis for why the Bureau has determined that the State or federally recognized Indian tribe is incapable of such protection. ``(B) Waiver for state and tribal governments.-- ``(i) In general.--With respect to a final rule or regulation issued by the Bureau to regulate payday loans, vehicle title loans, or other similar loans, if a State or a federally recognized Indian tribe requests, in writing, for the Bureau to provide the State or tribe with a waiver from such rule or regulation, the Director shall grant a 5-year waiver to such State or tribe, during which such rule or regulation shall not apply within such State or land held in trust for the benefit of such federally recognized Indian tribe. ``(ii) Right to renew waiver.--A State or federally recognized Indian tribe granted a waiver under clause (i) shall have the right to renew such waiver at the end of each 5-year waiver period.''.

State and Tribal Government Sovereignty Protection Act of 2016 This bill establishes a moratorium period during which the Consumer Financial Protection Bureau (CFPB) may not issue or enforce any rule or regulation governing payday loans, vehicle title loans, or other similar loans. The Consumer Financial Protection Act of 2010 is amended to prohibit the CFPB from issuing any final rule or regulation to regulate payday loans, vehicle title loans, or other similar loans, unless it first: (1) consults with appropriate state, tribal, and local officials in each jurisdiction that may be affected by the rule; (2) conducts specified studies; and (3) issues a public report regarding study findings. The CPFB shall grant a five-year waiver from such a rule or regulation if a state or federally recognized Indian tribe requests one. The waiver may be renewed at the expiration of each five-year waiver period.

State and Tribal Government Sovereignty Protection Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguard Tribal Objects of Patrimony Act of 2017''. SEC. 2. ENHANCED PROTECTIONS FOR NATIVE AMERICAN CULTURAL HERITAGE. (a) Enhanced Penalties.--Section 1170 of title 18, United States Code, is amended by striking ``5 years'' each place it appears and inserting ``10 years''. (b) Prohibition of Exporting Native American Cultural Heritage.-- Chapter 53 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1171. Illegal exportation of Native American cultural heritage ``(a) Definitions.--In this section: ``(1) Archaeological resource.--The term `archaeological resource' has the meaning given the term in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb). ``(2) Cultural item.--The term `cultural item' has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001). ``(3) Native american.--The term `Native American' has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001). ``(b) Prohibition.--It shall be unlawful for any person to knowingly export or otherwise transport from the United States any-- ``(1) Native American cultural item that was obtained in violation of section 1170 of this title or section 3(c) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(c)); ``(2) Native American archaeological resource that was obtained in violation of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); or ``(3) Native American object of antiquity that was obtained in violation of section 1866(b) of this title. ``(c) Penalty.--Any person who violates subsection (b) shall-- ``(1) in the case of a first violation under this section, be fined under this title, imprisoned for not more than 1 year, or both; and ``(2) in the case of a second or subsequent violation under this section, be fined under this title, imprisoned for not more than 10 years, or both.''. (c) Regulations.--The Attorney General and Secretary of Homeland Security, in consultation with the Secretary of the Interior, shall prescribe such rules and regulations as are necessary and appropriate to carry out the amendments made by this section. (d) Technical and Conforming Amendment.--The table of sections for chapter 53 of title 18, United States Code, is amended by adding at the end the following: ``1171. Illegal exportation of Native American cultural heritage.''. SEC. 3. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001). (2) Native american.--The term ``Native American'' has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001). (3) Native hawaiian organization.--The term ``Native Hawaiian organization'' has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tangible cultural heritage.--The term ``tangible cultural heritage'' means-- (A) Native American human remains; or (B) culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture. SEC. 4. VOLUNTARY RETURN OF TANGIBLE CULTURAL HERITAGE. (a) Policy.--It shall be the policy of the United States to encourage the voluntary return of tangible cultural heritage to Indian tribes and Native Hawaiian organizations by collectors, dealers, and other individuals and non-Federal organizations that hold such heritage. (b) Liaison.--The Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage. (c) Trainings and Workshops.--The individuals listed in subsection (b) shall hold trainings and workshops for representatives of Indian tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and non-Federal organizations regarding the voluntary return of tangible cultural heritage. (d) Referrals.-- (1) In general.--The Secretary shall refer individuals and organizations to one or more Indian tribes or Native Hawaiian organizations with a likely cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage. (2) Referral representatives.--The Secretary shall compile a list of representatives from each Indian tribe and Native Hawaiian organization for purposes of referral under paragraph (1). (3) Consultation.--The Secretary shall consult with Indian tribes and Native Hawaiian organizations that possess unique expertise in their cultural heritage before making a referral under paragraph (1). (4) Third-party experts.--The Secretary may utilize knowledgeable experts from regional academic institutions and museums to aid in making determinations regarding to which Indian tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1). SEC. 5. TRIBAL WORKING GROUP. (a) In General.--The Secretary shall convene a tribal working group consisting of representatives of Indian tribes and Native Hawaiian organizations to advise the Federal Government. (b) Recommendations.--The tribal working group convened under subsection (a) may provide recommendations regarding-- (1) the return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage; (2) the elimination of illegal commerce in tangible cultural heritage in the United States and foreign markets; and (3) the repatriation to Indian tribes and Native Hawaiian organizations of tangible cultural heritage that have been illegally removed or trafficked in violation of Federal law. (c) Agency and Committee Assistance.-- (1) In general.--The agencies and committees described in paragraph (2) shall provide information and assistance to the tribal working group convened under subsection (a) upon request by the tribal working group. (2) Agencies and committees.--The agencies and committees described in this paragraph are the following: (A) The Department of the Interior. (B) The Department of Justice. (C) The Department of Homeland Security. (D) The Department of State. (E) The Native American Graves Protection and Repatriation Review Committee established under section 8 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006). (F) The Cultural Property Advisory Committee established under section 306 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2605). (G) Any other relevant Federal agency.

Safeguard Tribal Objects of Patrimony Act of 2017 This bill amends the federal criminal code to double the maximum prison term (from 5 years to 10 years) for persons convicted of selling, purchasing, using for profit, or transporting for sale or profit the human remains of Native Americans or cultural items obtained in violation of the Native American Graves Protection and Repatriation Act. The bill prohibits the export of Native American cultural items that were obtained in violation of the Act, Native American archaeological resources that were obtained in violation of the Archaeological Resources Protection Act of 1979, or Native American objects of antiquity that were obtained in violation of the criminal code. Violators may be subject to fines, imprisonment, or both. The Department of the Interior and the Department of State must each designate a liaison to facilitate and hold trainings and workshops on the voluntary return of human remains or cultural items. Interior must refer individuals and organizations to Indian tribes or Native Hawaiian organizations to facilitate the voluntary return of human remains or cultural items. In addition, Interior must convene a tribal working group consisting of representatives of tribes and Native Hawaiian organizations to provide advice on issues concerning the return of, and illegal trade in, human remains or cultural items.

Safeguard Tribal Objects of Patrimony Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Fisheries Waste Reduction Act of 1993''. SEC. 2. FINDINGS. The Congress finds that: (1) Current commercial fisheries practices in the United States and world wide contribute to a significant waste of edible food resources which are harvested, but discarded without processing for human consumption or other uses. (2) Fish currently harvested but discarded without processing include in some fisheries large numbers of juvenile fish which would have significantly greater value both as an economic asset to the fishery and to the maintenance of the species if they were allowed to reach maturity before harvesting. (3) Fish currently harvested but discarded without processing include in some commercial fisheries significant numbers of adult fish or fish parts which could be processed for human consumption, but which are required to be discarded for various fisheries management purposes, or which are considered unsuitable for a particular market of immediate interest to the fishing vessel operator. (4) Fish currently harvested but discarded without processing include significant numbers of fish of species for which there is presently no viable market, but which, if they remained unharvested, could form the basis for future fisheries as new markets and processing techniques are developed. (5) There is cause for concern that current levels of mortalities among non-target fish species may have adverse environmental consequences. (6) High discard levels, if concentrated geographically, may cause damage to the productivity of the resources using the ocean bottom and near-bottom areas. (7) The current level of scientific knowledge is insufficient to determine if adverse impacts may result from the removal of nutrients presently returned to the ocean through the discard of non-target fish species and of unutilized portions of targeted species. (8) It is in the national interest both environmentally and economically to minimize mortalities among non-target species taken incidentally to the various directed fisheries. (9) It is in the national interest to encourage the utilization where practicable of all parts of fish harvested in directed fisheries for the species. SEC. 3. AMENDMENTS TO MAGNUSON ACT. The Fisheries Conservation and Management Act (16 U.S.C. 1801 et. seq.) is amended-- (1) in subsection 1801(b)(4) by inserting ``in a non- wasteful manner and'' after ``maintain,''; (2) in subsection 1801(b)(6) by inserting ``in a non- wasteful manner'' after ``such development''; (3) in subsection 1802(21)(B) by inserting ``, including efforts to limit mortality in non-target species for the purposes of resource conservation and food production'' after ``ecological factor''; (4) in section 1802 by adding at the end the following new paragraph: ``(33) The term `non-target species' means fish caught incidentally to fishing for a particular species or group of species and which may or may not be retained aboard the fishing vessel for subsequent processing and/or sale.''; (5) in section 1851(a)(1) by adding ``and encourage the minimization of mortalities among non-target species'' after ``prevent overfishing''; (6) in section 1851(a)(5) by striking the word ``promote'' and inserting in its place the word ``consider''; (7) in section 1851(a) by adding at the end the following new paragraph: ``(8) Conservation and management measures shall encourage the non-wasteful taking of fishery resources, including the reduction of discards of fish and fish parts, and the minimization of mortalities among non-target species.''; (8) in section 1853(a) by redesignating paragraph (4) as paragraph (6) and renumbering the subsequent paragraphs accordingly; and by inserting the following new paragraphs: ``(4) assess and specify-- ``(A) to the maximum extent practicable an estimate by numbers of fish or weight thereof of the extent of anticipated mortalities among non-target species taken incidentally to the fishery or fisheries for which the plan is prepared, and ``(B) to the maximum extent practicable, an estimate by numbers of fish or weight thereof of anticipated discard levels of fish and fish parts taken pursuant to the fishery, but not utilized; ``(5) contain a description of measures intended to reduce mortalities among non-target species taken incidentally to the fishery or fisheries for which the plan is prepared, and to encourage the use of target species in a manner which minimizes the discard of fish and fish parts;''; and (9) in section 1853 by adding at the end the following new subsection: ``(g) Required Amendment of Management Plans.--Each council shall-- ``(1) within one year from the date of enactment of this subsection, submit to the Secretary such amendments for each management plan under its jurisdiction as are needed to comply with subsections (a)(4) and (5) of this section; and ``(2) thereafter submit annually to the Secretary a report identifying any changes to the estimates and descriptions required in subsection (a) (4) and (5) and in paragraph (1) of this subsection, and providing an explanation of the cause or causes of such changes.''.

Commercial Fisheries Waste Reduction Act of 1993 - Amends the Fisheries Conservation and Management Act to require fishery management plans to contain measures which encourage the non-wasteful taking of fishery resources, including the reduction of discards of fish and fish parts.

Commercial Fisheries Waste Reduction Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zimbabwe Sanctions Repeal Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Robert Mugabe, President of Zimbabwe and leader of the Zimbabwe African National Union-Patriotic Front, has ruled Zimbabwe for 30 years. (2) During President Mugabe's regime, Zimbabwe has gone from being the ``bread basket'' of Africa to the world's fastest shrinking economy. (3) In 2000, the Government of Zimbabwe initiated a farmland redistribution program, designed to reallocate foreign commercial farmland to poor and middle-class citizens of Zimbabwe. (4) The redistribution program led to the confiscation of industrial, fertile, and previously settled lands, led to mass chaos, undermined the Constitution of Zimbabwe, and caused more than 400,000 farmers to lose their homes and livelihoods. (5) In 2005, President Mugabe implemented a project known as Operation Murambatsvina, translated into English as Operation ``Clean Out the Filth''. (6) Under Operation Clean Out the Filth, the Mugabe regime bulldozed and destroyed thousands of homes and businesses, leading to an estimated 700,000 internally displaced persons. (7) The majority of the people of Zimbabwe live on less than one dollar a day. (8) The current unemployment rate in Zimbabwe is 95 percent, which has forced an estimated 3,000,000 of the people of Zimbabwe, a quarter of the overall population, to migrate to neighboring countries. (9) All of those actions by President Mugabe's regime have caused significant economic hardships that persist in Zimbabwe. (10) Presidential elections were held on March 29, 2008, between President Mugabe and Morgan Tsvangirai, leader of the opposition party, the Movement for Democratic Change. (11) Tsvangirai won 47.8 percent of the vote, compared to President Mugabe's 43.2 percent. (12) Because Tsvangirai failed to achieve 50 percent of the votes needed to win outright, a run-off was scheduled for June 27, 2008. (13) President Mugabe declared that, regardless of the election outcome, he would not relinquish power, and directed a crackdown on opposition parties, stating, ``Only God, who appointed me, will remove me''. (14) As many as 400 members and supporters of the Movement for Democratic Change were killed during the run-off campaign period. (15) Tsvangirai dropped out of the run-off race, and took refuge in the Embassy of the Netherlands, stating that he could not ask people to vote ``when that vote could cost them their lives''. (16) The violence surrounding this unfair election came to the world's attention and specifically to that of the Southern African Development Community, compromised of 15 southern African countries, and the United States. (17) Pressure from the Southern African Development Community and the United States led to the creation of a power- sharing agreement between Mugabe's Zimbabwe African National Union-Patriotic Front and Tsvangirai's Movement for Democratic Change called the Global Political Agreement, which was signed into effect on September 15, 2008. (18) The Parliament of Zimbabwe amended the Constitution of Zimbabwe to allow for the creation of the power-sharing government. (19) Mugabe remained President and Tsvangirai was sworn in as the Prime Minister of Zimbabwe on February 11, 2009, and Tendai Biti was appointed Minister of Finance by Prime Minister Tsvangirai. (20) Since the appointment of Biti as Minister of Finance, the economy of Zimbabwe has seen remarkable recovery in a short period of time. For example, to combat inflation, Minister Biti abandoned the currency of Zimbabwe and adopted foreign currencies, including the United States dollar and South African rand, and subsequently reduced the previous inflation rate of 15,000,000,000 percent in 2008 to 5.1 percent one year later. (21) During Biti's time as Minister of Finance, the real gross domestic product of Zimbabwe also improved, increasing from negative 14.4 percent in 2008 to a positive 3.7 percent in 2009. (22) The salaries of government employees have also been reissued, allowing those employed in basic government services like medicine, education, and transportation to return to work. (23) The overall economy and well-being of the citizens of Zimbabwe have made tremendous advances since Tsvangirai and the Movement for Democratic Change have gained power-sharing authority in the Government of Zimbabwe. (24) In 2001, the Zimbabwe Democracy and Economic Recovery Act of 2001 (Public Law 107-99; 22 U.S.C. 2151 note) was enacted into law in the United States, imposing sanctions on the Mugabe regime and members of the Zimbabwe African National Union-Patriotic Front. (25) Section 4(c) of the Zimbabwe Democracy and Economic Recovery Act of 2001 specifically directs the United States Executive Director to each international financial institution to oppose and vote against any extension by the institution of any loan, credit, or guarantee to the Government of Zimbabwe or any cancellation or reduction of indebtedness owed by the Government of Zimbabwe to the United States or any international financial institution. (26) In order to restore fully the economy of Zimbabwe and assist in the process of transition to democracy, the sanctions imposed under the Zimbabwe Democracy and Economic Recovery Act of 2001 and burdening the power-sharing government in Zimbabwe must be repealed. SEC. 3. REPEAL OF ZIMBABWE DEMOCRACY AND ECONOMIC RECOVERY ACT OF 2001. The Zimbabwe Democracy and Economic Recovery Act of 2001 (Public Law 107-99; 22 U.S.C. 2151 note) is repealed.

Zimbabwe Sanctions Repeal Act of 2010 - Repeals the Zimbabwe Democracy and Economic Recovery Act of 2001. (The Zimbabwe Democracy and Economic Recovery Act of 2001 prohibits U.S. support through international financial institutions for debt relief and other economic development aid to Zimbabwe until certain conditions to restore democracy and the rule of law are met.)

A bill to repeal the Zimbabwe Democracy and Economic Recovery Act of 2001.

SECTION 1. DWIGHT D. EISENHOWER MEMORIAL COMMISSION. Section 8162 of the Department of Defense Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1274) is amended-- (1) by striking subsection (j) and inserting the following: ``(j) Powers of the Commission.-- ``(1) In general.-- ``(A) Powers.--The Commission may-- ``(i) make such expenditures for services and materials for the purpose of carrying out this section as the Commission considers advisable from funds appropriated or received as gifts for that purpose; ``(ii) solicit and accept contributions to be used in carrying out this section or to be used in connection with the construction or other expenses of the memorial; ``(iii) hold hearings and enter into contracts; ``(iv) enter into contracts for specialized or professional services as necessary to carry out this section; and ``(v) take such actions as are necessary to carry out this section. ``(B) Specialized or professional services.-- Services under subparagraph (A)(iv) may be-- ``(i) obtained without regard to the provisions of title 5, United States Code, including section 3109 of that title; and ``(ii) may be paid without regard to the provisions of title 5, United States Code, including chapter 51 and subchapter III of chapter 53 of that title. ``(2) Gifts of property.--The Commission may accept gifts of real or personal property to be used in carrying out this section, including to be used in connection with the construction or other expenses of the memorial. ``(3) Federal cooperation.--At the request of the Commission, a Federal department or agency may provide any information or other assistance to the Commission that the head of the Federal department or agency determines to be appropriate. ``(4) Powers of members and agents.-- ``(A) In general.--If authorized by the Commission, any member or agent of the Commission may take any action that the Commission is authorized to take under this section. ``(B) Architect.--The Commission may appoint an architect as an agent of the Commission to-- ``(i) represent the Commission on various governmental source selection and planning boards on the selection of the firms that will design and construct the memorial; and ``(ii) perform other duties as designated by the Chairperson of the Commission. ``(C) Treatment.--An authorized member or agent of the Commission (including an individual appointed under subparagraph (B)) providing services to the Commission shall be considered an employee of the Federal Government in the performance of those services for the purposes of chapter 171 of title 28, United States Code, relating to tort claims. ``(5) Travel.--Each member 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.''; (2) by redesignating subsection (o) as subsection (q); and (3) by adding after subsection (n) the following: ``(o) Staff and Support Services.-- ``(1) Executive director.--There shall be an Executive Director appointed by the Commission to be paid at a rate not to exceed the maximum rate of basic pay for level IV of the Executive Schedule. ``(2) Staff.-- ``(A) In general.--The staff of the Commission may be appointed and terminated without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title, relating to classification and General Schedule pay rates, except that an individual appointed under this paragraph may not receive pay in excess of the maximum rate of basic pay for GS-15 of the General Schedule. ``(B) Senior staff.--Notwithstanding subparagraph (A), not more than 3 staff employees of the Commission (in addition to the Executive Director) may be paid at a rate not to exceed the maximum rate of basic pay for level IV of the Executive Schedule. ``(3) Staff of federal agencies.--On request of the Commission, the head of any Federal department or agency may detail any of the personnel of the department or agency to the Commission to assist the Commission to carry out its duties under this section. ``(4) Federal support.--The Commission shall obtain administrative and support services from the General Services Administration on a reimbursable basis. The Commission may use all contracts, schedules, and acquisition vehicles allowed to external clients through the General Services Administration. ``(5) Cooperative agreements.--The Commission may enter into cooperative agreements with Federal agencies, State, local, tribal and international governments, and private interests and organizations which will further the goals and purposes of this section. ``(6) Temporary, intermittent, and part-time services.-- ``(A) In general.--The Commission may obtain temporary, intermittent, and part-time services under section 3109 of title 5, United States Code, at rates not to exceed the maximum annual rate of basic pay payable under section 5376 of that title. ``(B) Non-applicability to certain services.--This paragraph shall not apply to services under subsection (j)(1)(A)(iv). ``(7) Volunteer services.-- ``(A) In general.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and utilize the services of volunteers serving without compensation. ``(B) Reimbursement.--The Commission may reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. ``(C) Liability.-- ``(i) In general.--Subject to clause (ii), a volunteer described in subparagraph (A) shall be considered to be a volunteer for purposes of the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.). ``(ii) Exception.--Section 4(d) of the Volunteer Protection Act of 1997 (42 U.S.C. 14503(d)) shall not apply for purposes of a claim against a volunteer described in subparagraph (A). ``(p) Authorization of Appropriations.--There are authorized to be appropriated such sums as necessary to carry out this section.''. Passed the House of Representatives October 22, 2007. Attest: LORRAINE C. MILLER, Clerk.

Amends the Department of Defense Appropriations Act, 2000 to revise the administrative authorities of the Dwight D. Eisenhower Memorial Commission. Authorizes the Commission to: (1) enter into contracts for specialized or professional services without regard to certain civil service requirements; (2) accept gifts of real or personal property; (3) appoint an architect; (4) hire and fire staff without regard to competitive service requirements and obtain temporary, intermittent, and part-time services; (5) enter into cooperative agreements with other government and private entities; and (6) accept volunteer services. Requires the Commission to: (1) appoint an Executive Director; and (2) obtain adminstrative and support services from the General Services Administration. Authorizes appropriations.

To provide for certain administrative and support services for the Dwight D. Eisenhower Memorial Commission, and for other purposes.

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Joint Commission on Budget Process Reform Act of 2018''. (b) Purpose.--The purpose of this Act is to establish a Joint Commission on Budget Process Reform. SEC. 2. THE JOINT COMMISSION ON BUDGET PROCESS REFORM. (a) Establishment.--There is established is an independent commission to be known as the Joint Commission on Budget Process Reform (hereafter referred to as the ``joint commission''). (b) Duties.--The joint commission shall carry out the following duties: (1) Studying procedures on the budget and Federal expenditures. (2) Conducting at least four public hearings to examine potential budget process reforms before dissolution of the joint commission. (3) Seeking recommendations from economists, experts, Members of Congress, Federal agencies, educational institutions, State legislatures, and private organizations on ways to reform the congressional budget process. (4) Drafting a bill that amends the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.). (5) Submitting a report to each House of Congress containing the bill it recommends and such other matters it deems appropriate. (c) Contents of Report.--The joint commission shall examine the following issues and include a summary of its findings respecting those issues in the report required under subsection (b)(5): (1) Potential changes and enforcement tools to ensure an on-time completion of the congressional budget process. (2) Procedures to address mandatory spending levels. (3) The impact of instituting long-term debt limits. (4) Procedures to increase inclusiveness and transparency in the congressional budget process. (5) The feasibility of a balanced budget amendment. (6) The impact of a binding congressional budget. (7) The need to reauthorize the Congressional Budget Office in an effort to provide greater assistance to the House and Senate Budget Committees. (8) The feasibility of changing the fiscal year from October 1st to January 1st so it aligns with the calendar year. (9) The examination of whether or not there should be term limits for members to serve on the Budget Committees of the House of Representatives and the Senate. (10) The efficiency of annual budgeting in comparison to biennial budgeting. (d) Appointment.-- (1) The joint commission shall be composed of the following 23 members: (A) The chair of the Committee on the Budget of the House of Representatives. (B) The ranking member of the Committee on the Budget of the House of Representatives. (C) The chair of the Committee on the Budget of the Senate. (D) The ranking member of the Committee on the Budget of the Senate. (E) The chair of the Committee on Appropriations of the House of Representatives. (F) The ranking member of the Committee on Appropriations of the House of Representatives. (G) The chair of the Committee on Appropriations of the Senate. (H) The ranking member of the Committee on Appropriations of the Senate. (I) The chair of the Committee on Ways and Means of the House of Representatives. (J) The ranking member of the Committee on Ways and Means of the House of Representatives. (K) The chair of the Committee on Finance of the Senate. (L) The ranking member of the Committee on Finance of the Senate. (M) The Director of the Office of Management and Budget. (N) The Secretary of the Treasury. (O) The Comptroller General. (P) Two Members of Congress nominated by the Speaker of the House of Representatives. (Q) Two Senators nominated by the Majority Leader. (R) Two Members nominated by the Minority Leader of the House of Representatives. (S) Two Senators nominated by the Minority Leader of the Senate. (2) The nominees shall be appointed not later than 30 days after the date of enactment of this Act. (3) Each member shall be appointed for the duration of the commission. A vacancy in the joint commission shall not affect the power of the remaining members to execute the functions of the joint commission. A vacancy shall be filled in the manner in which the original appointments were made. (e) Chair.--The joint commission at its first meeting shall elect a member of the commission who is a legislator to serve as chair of the joint commission. (f) Director of Staff.--The chair of the Joint Commission on Budget Process Reform shall appoint a Director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (g) Staff.--(1) The Staff Director, with the approval of the commission, the Director may appoint and fix the pay of additional personnel. (2) Upon the request of the Director of Staff, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the commission in carrying out its duties under this Act. (3) The following restrictions relating to the personnel of the Commission shall apply to the staff of the commission: (A) There may not be more than 15 persons on the staff at one time. (B) The Director may employ and fix the compensation of such staff as the chair considers necessary. (h) Experts and Consultants.--The joint commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the General Schedule. (i) Timeline.--(1) The Commission shall hold its first meeting within 30 days after the date of enactment of this Act. (2) The Commission shall hold meetings at the call of the chair of the joint commission. (j) Funding.--There is authorized to be appropriated $800,000 to the joint commission to carry out its duties. (k) Travel.--The travel expenses of members of the joint commission and staff shall be paid for from appropriated funds. Staff and members of the joint commission shall abide by the Government travel rules set forth by the Committee on House Administration of the House of Representatives. SEC. 3. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS. (a) Introduction; Referral; and Report or Discharge.-- (1) Introduction.--On the first calendar day on which both Houses are in session, on or immediately following the date on which the report containing the bill it recommends is submitted to Congress under section 2, a single bill shall be introduced (by request)-- (A) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate; and (B) in the House of Representatives by the Speaker of the House of Representatives, for himself and the minority leader of the House of Representatives, or by Members of the House of Representatives designated by the Speaker and minority leader of the House of Representatives. (2) Referral.--The implementation bills introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and any appropriate committee of jurisdiction in the House of Representatives. A committee to which an implementation bill is referred under this paragraph may report such bill to the respective House without amendment. (3) Report or discharge.--If a committee to which an implementation bill is referred has not reported such bill by the end of the 15th calendar day after the date of the introduction of such bill, such committee shall be immediately discharged from further consideration of such bill, and upon being reported or discharged from the committee, such bill shall be placed on the appropriate calendar. (b) Floor Consideration.-- (1) In general.--When the committee to which an implementation bill is referred has reported, or has been discharged under subsection (a)(3), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the implementation bill, and all points of order against the implementation bill (and against consideration of the implementation bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the implementation bill is agreed to, the implementation bill shall remain the unfinished business of the respective House until disposed of. (2) Amendments.--An implementation bill may not be amended in the Senate or the House of Representatives. (3) Debate.--Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order. (4) Vote on final passage.--Immediately following the conclusion of the debate on an implementation bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the implementation bill shall occur. (5) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to an implementation bill shall be decided without debate. (c) Coordination With Action by Other House.--If, before the passage by one House of an implementation bill of that House, that House receives from the other House an implementation bill, then the following procedures shall apply: (1) Nonreferral.--The implementation bill of the other House shall not be referred to a committee. (2) Vote on bill of other house.--With respect to an implementation bill of the House receiving the implementation bill-- (A) the procedure in that House shall be the same as if no implementation bill had been received from the other House; but (B) the vote on final passage shall be on the implementation bill of the other House. (d) Rules of the Senate and the House of Representatives.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an implementation bill described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 4. TERMINATION AND DISPOSITION OF RECORDS. (a) Termination.--The joint commission shall terminate not later than the earlier of-- (1) 2 years after the date of enactment of this Act; or (2) the date upon which the bill referred to in section 2(b)(4) is signed into law by the President. (b) Disposition of Records.--Upon termination of the joint commission, its records shall become the records of the Committees on the Budget of the House of Representatives and the Senate.

Joint Commission on Budget Process Reform Act of 2018 This bill establishes an independent commission known as the Joint Commission on Budget Process Reform to: study procedures on the budget and federal expenditures; conduct public hearings to examine potential budget process reforms; seek recommendations on ways to reform the congressional budget process; draft a bill that amends the Congressional Budget and Impoundment Control Act of 1974; and report to Congress regarding the proposed bill, findings regarding specified federal budget issues, and any other appropriate matters. Congress must consider the commission's bill using specified expedited legislative procedures.

Joint Commission on Budget Process Reform Act of 2018

SECTION 1. DEFINITIONS. For the purposes of this Act, the term-- (1) ``ANCSA'' means the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); (2) ``ANILCA'' means the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.); (3) ``Calista'' means the Calista Corporation, an Alaska Native Regional Corporation established pursuant to ANCSA; (4) ``Identified Lands'' means approximately 10,943 acres of lands (including surface and subsurface estates) designated as ``Proposed Village Site'' on a map entitled ``Proposed Newtok Exchange,'' dated September, 2002, and available for inspection in the Anchorage office of the United States Fish and Wildlife Service; (5) ``limited warranty deed'' means a warranty deed which is, with respect to its warranties, limited to that portion of the chain of title from the moment of conveyance from the United States to Newtok to and including the moment at which such title is validly reconveyed to the United States; (6) ``Newtok'' means the Newtok Native Corporation, an Alaska Native Village Corporation established pursuant to ANCSA; (7) ``Newtok lands'' means approximately 12,101 acres of surface estate comprising conveyed lands and selected lands identified as Aknerkochik on the map referred to in paragraph (4) and that surface estate selected by Newtok on Baird Inlet Island as shown on the map; and (8) ``Secretary'' means the Secretary of the Interior. SEC. 2. LANDS TO BE EXCHANGED. (a) Lands Exchanged to the United States.--If, within 180 days after the date of enactment of this Act, Newtok expresses to the Secretary in writing its intent to enter into a land exchange with the United States, the Secretary shall accept from Newtok a valid, unencumbered conveyance, by limited warranty deed, of the Newtok lands previously conveyed to Newtok. The Secretary shall also accept from Newtok a relinquishment of irrevocable prioritized selections for approximately 4,956 acres for those validly selected lands not yet conveyed to Newtok. (b) Lands Exchanged to Newtok.--In exchange for the Newtok lands conveyed and selections relinquished under subsection (a), the Secretary shall, subject to valid existing rights and notwithstanding section 14(f) of ANCSA, convey to Newtok the surface and subsurface estates of the Identified Lands. The conveyance shall be by interim conveyance. Subsequent to the interim conveyance, the Secretary shall survey Identified Lands at no cost to Newtok and issue a patent to the Identified Lands subject to the provisions of ANCSA and this Act. SEC. 3. CONVEYANCE. (a) Timing.--The Secretary shall issue interim conveyances pursuant to subsection 2(b) at the earliest possible time after acceptance of the Newtok conveyance and relinquishment of selections under subsection 2(a). (b) Relationship to ANCSA.--Lands conveyed to Newtok under this Act shall be treated as having been conveyed under the provisions of ANCSA, except that the provisions of 14(c) and 22g of ANCSA shall not apply to these lands. Consistent with section 103(c) of ANILCA, these lands shall not be included as a portion of the Yukon Delta National Wildlife Refuge and shall not be subject to regulations applicable solely to public lands within this Conservation System Unit. (c) Effect on Entitlement.--Except as otherwise provided, nothing in this Act shall be construed to change the total acreage of land to which Newtok is entitled under ANCSA. (d) Effect on Newtok Lands.--The Newtok Lands shall be included in the Yukon Delta National Wildlife Refuge as of the date of acceptance of the conveyance of those lands from Newtok, except that residents of the Village of Newtok, Alaska, shall retain access rights to subsistence resources on those Newtok lands as guaranteed under section 811 of ANILCA (16 U.S.C. 3121), and to subsistence uses, such as traditional subsistence fishing, hunting and gathering, consistent with section 803 of ANILCA (16 U.S.C. 3113). (e) Adjustment to Calista Corporation ANCSA Entitlement for Relinquished Newtok Selections.--To the extent that Calista subsurface rights are affected by this Act, Calista shall be entitled to an equivalent acreage of in lieu subsurface entitlement for the Newtok selections relinquished in the exchange as set forth in subsection 2(a) of this Act. This equivalent entitlement shall come from subsurface lands already selected by Calista, but which have not been conveyed. If Calista does not have sufficient subsurface selections to accommodate this additional entitlement, Calista Corporation is hereby authorized to make an additional in lieu selection for the deficient acreage from lands within the region but outside any conservation system unit. (f) Adjustment to Exchange.--If requested by Newtok, the Secretary may consider and make adjustments to the exchange to meet the purposes of this Act, subject to all the same terms and conditions of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 2) Directs the Secretary of the Interior to accept from the Newtok Native Corporation a conveyance, by limited warranty deed, of certain Alaskan lands previously conveyed to Newtok if such Corporation expresses an intent to enter into a land exchange with the United States within 180 days of enactment of this Act. Directs the Secretary to also accept a relinquishment of irrevocable prioritized selections from Newtok for those validly selected lands not yet conveyed to Newtok. Requires the Secretary, in exchange for the lands from Newtok, to convey to Newtok the surface and subsurface estate of specified Federal lands. States that such conveyance shall be by interim conveyance. (Sec. 3) Declares that land conveyed to Newtok under this Act shall be deemed to have been conveyed under the Alaska Native Claims Settlement Act (ANCSA), except that specified provisions of ANCSA concerning patents and lands in the National Wildlife Refuge System shall not apply to such lands. States that, consistent with the Alaska National Interest Lands Conservation Act of 1980, such lands shall not be considered part of the Yukon National Wildlife Refuge. Includes the Newtok lands conveyed to the United States in the Yukon Delta National Wildlife Refuge, except that residents of the village of Newtok, Alaska, shall retain access rights guaranteed under the Alaska National Interest Lands Conservation Act for subsistence fishing, hunting, and gathering. Entitles the Calista Corporation to an equivalent acreage of in-lieu subsurface entitlement for the relinquished Newtok selections to the extent that Calista subsurface rights are affected by this Act. Directs that such entitlement shall come from subsurface lands already selected by Calista, but which have not yet been conveyed. Permits Calista to make an additional in lieu selection from lands within the region but outside any conservation system unit if such action is necessary to equalize the acreage.

A bill to authorize the exchange of lands between an Alaska Native Village Corporation and the Department of the Interior, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Institute on Minority Health Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) heart disease and strokes lead to about 2\1/2\ times as many deaths among Black Americans (between the ages of 25 and 44) as among White Americans; (2) diabetes is twice as prevalent among Mexican- and Puerto Rican-Americans as among White Americans; (3) Black and Hispanic women account for 73 percent of the reported cases of AIDS among American women, and the death rate from AIDS is 9 times higher among Black women than among White women; (4) between 1983 and 1985, when the infant mortality rate among Whites was 9.0 deaths per 1,000 live births, the infant mortality rate among Blacks was 18.7 and 13.9 among Native Americans, with similar disparities among rates of low- birthweight babies; (5) in 1988, when the rates of death resulting from homicides was 8 per 100,000 among young (ages 15 to 24) White males, the rate among young Black males was 59 per 100,000, and the rates for young Hispanic and Native American males was roughly 2 to 3 times that of young White males; (6) biomedical research, including clinical trials for pharmaceuticals, often has failed to include minorities in the population being studied or tested, even when it is certain that minorities will be among the population subject to the medical condition or receiving the treatment or pharmaceutical that is being studied or tested; (7) the percentages of medical professionals, especially physicians, who are minorities are significantly lower than their representation in the general population; and (8) the ratio of physicians to inhabitants of neighborhoods that are heavily populated by minorities (or low-income residents) is often much lower than the ratio of physicians to inhabitants of predominantly White neighborhoods. SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE ON MINORITY HEALTH. Part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.), as amended by section 124 of Public Law 102-321 (106 Stat. 364), is amended by adding at the end the following subpart: ``Subpart 17--National Institute on Minority Health ``purpose of institute ``Sec. 464V. (a) The general purpose of the National Institute on Minority Health is the conduct and support of research, training, the dissemination of health information, and other programs with respect to minority health conditions, including the advancement of opportunities for and recruitment of minorities for training and placement as health professionals. ``(b) For purposes of this subpart: ``(1) The term `health care system' means the system in the United States for the delivery of health care. ``(2) The term `minorities' means members of minority groups. ``(3) The term `minority health conditions' means all diseases, disorders, and conditions (including conditions regarding mental health)-- ``(A) unique to, more serious in, or more prevalent in minorities; ``(B) for which the factors of medical risk or types of medical intervention are different for minorities, or for which it is unknown whether such factors or types are different for minorities; or ``(C) with respect to which there has been insufficient clinical research involving minorities as subjects, or insufficient clinical data on minorities. ``(4) The term `research on minority health' means research on minority health conditions. ``(5) The term `Institute' means the National Institute on Minority Health. ``certain authorities ``Sec. 464W. (a) In carrying out section 464V, the Director of the Institute shall-- ``(1) recommend an agenda for conducting and supporting research on minority health; ``(2) identify projects of research on minority health that should be conducted or supported by the national research institutes; ``(3) identify multidisciplinary research relating to research on minority health that should be so conducted or supported; ``(4) promote coordination and collaboration among entities conducting research identified under paragraph (2) or (3); ``(5) encourage the conduct of research identified under paragraph (2) or (3) by entities receiving funds from the national research institutes; ``(6) ensure that minorities are appropriately represented as subjects in projects of clinical research conducted or supported by the national research institutes and, as appropriate, encourage similar representation in research conducted under other circumstances; and ``(7) promote the sufficient allocation of the resources of the national research institutes for conducting and supporting such research. ``(b)(1) The Director of the Institute shall monitor the health care system for the purpose of determining the effects of the system on the health of minorities, including the extent to which minorities have access to health care. In monitoring the system, the Director shall determine, with respect to such purpose, the effects of the policies and practices of entities that provide health benefits plans. ``(2) With respect to Federal proposals for reforming the health care system, the Director of the Institute shall, in carrying out paragraph (1), monitor such proposals for the purpose of determining whether the proposals adequately provide for the health of minorities. ``(c)(1) The Director of the Institute shall serve as an advocate regarding the health of minorities. The Director may in so serving carry out advocacy activities regarding the Federal Government, State and local governments, and private entities, including public and private educational entities. ``(2) In carrying out paragraph (1), the Director of the Institute shall determine the health benefits for minorities that should, at a minimum, be provided for in any reform of the health care system. ``(d) The Director of the Institute shall encourage the creation of opportunities for the training of minorities as health professionals and shall facilitate the placement of minorities trained as health professionals into appropriate positions.''. SEC. 4. CONFORMING AMENDMENT. Section 401(b)(1) of the Public Health Service Act (42 U.S.C. 281(b)(1)), as amended by section 121 of Public Law 102-321 (106 Stat. 358), is amended by adding at the end the following subparagraph: ``(Q) The National Institute on Minority Health.''.

National Institute on Minority Health Act - Amends the Public Health Service Act to declare that the National Institute on Minority Health's purpose is the conduct and support of research, training, information dissemination, and other programs regarding minority health, including the advancement of opportunities for and recruitment of minorities for training and placement as health professionals. Adds the Institute to the list of research institutes of the National Institutes of Health.

National Institute on Minority Health Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Free Truck Stop Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the illegal use of controlled substances by operators of private and commercial motor vehicles represents a threat to the safety of all motorists and their passengers on the Nation's roadways; and (2) as indicated by numerous studies, congressional hearings, and investigations, individuals often use the areas surrounding roadside truck stops and roadside rest areas as sites for the distribution of these controlled substances to the operators of commercial motor vehicles. SEC. 3. INCREASED PENALTIES FOR DISTRIBUTION OF CONTROLLED SUBSTANCES AT TRUCK STOPS AND REST AREAS. (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by inserting after section 408 the following new section: ``transportation safety offenses ``Sec. 409. (a) Any person who violates section 401(a)(1) or section 416 by distributing or possessing with intent to distribute a controlled substance in or on, or within 1,000 feet of, a truck stop or safety rest area is (except as provided in subsection (b)) punishable-- ``(1) by a term of imprisonment, or fine, or both, up to twice that authorized by section 401(b) of this title; and ``(2) at least twice any term of supervised release authorized by section 401(b) for a first offense. Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than one year. ``(b) Any person who violates section 401(a)(1) or section 416 by distributing or possessing with intent to distribute a controlled substance in or on, or within 1,000 feet of, a truck stop or a safety rest area after a prior conviction or convictions under subsection (a) have become final is punishable-- ``(1) by the greater of (A) a term of imprisonment of not less than three years and not more than life imprisonment or (B) a term of imprisonment of up to three times that authorized by section 401(b) of this title for a first offense, or a fine up to three times that authorized by section 401(b) of this title for a first offense, or both; and ``(2) at least three times any term of supervised release authorized by section 401(b) of this title for a first offense. ``(c) In the case of any sentence imposed under subsection (b), imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under subsection (b) shall not be eligible for parole under chapter 311 of title 18 of the United States Code until the individual has served the minimum sentence required by such subsection. ``(d) For purposes of this section-- ``(1) the term `safety rest area' has the meaning given that term in part 752 of title 23, Code of Federal Regulations, as in effect on the date of enactment of this section; and ``(2) the term `truck stop' means any facility (including any parking lot appurtenant thereto) with the capacity to provide fuel or service, or both, to any commercial motor vehicle as defined under section 12019(6) of the Commercial Motor Vehicle Safety Act of 1986, operating in commerce as defined in section 12019(3) of such Act, and located adjacent to or within 2,500 feet of a highway on the National System of Interstate and Defense Highways or the Federal-aid primary system.''. (b) Conforming Amendment.--Section 401(b) of such Act (21 U.S.C. 841(b)) is amended by striking ``or 405B'' each place it appears and inserting ``405B, or 409''. (c) Amendment to Table of Contents.--The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 408 the following new item: ``Sec. 409. Transportation safety offenses.''. SEC. 4. SENTENCING COMMISSION GUIDELINES. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, and section 21 of the Sentencing Act of 1987 (28 U.S.C. 994 note), the United States Sentencing Commission shall promulgate guidelines, or shall amend existing guidelines, to provide that a defendant convicted of violating section 409 of the Controlled Substances Act, as added by section 3, shall be assigned an offense level under chapter 2 of the sentencing guidelines that is-- (1) two levels greater than the level that would have been assigned for the underlying controlled substance offense; and (2) in no event less than level 26. (b) Implementation of Instruction.--If the sentencing guidelines are amended after the effective date of this section, the Sentencing Commission shall implement the instruction set forth in subsection (a) so as to achieve a comparable result. (c) Offenses Which Could Be Subject to Multiple Enhancements.--The guidelines referred to in subsection (a), as promulgated or amended under such subsection, shall provide that an offense that could be subject to multiple enhancements pursuant to such subsection is subject to not more than one such enhancement.

Drug Free Truck Stop Act of 1993 - Amends the Controlled Substances Act to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final. Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements.

Drug Free Truck Stop Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Equal Protection Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) Complaints of assault or abuse of children raised during custody proceedings or under other circumstances are often not pursued through criminal investigation and prosecution in the same manner and with the same vigor that similar complaints against adult victims are pursued. (2) Complaints are often adjudicated in family courts ill- equipped to, or jurisdictionally prohibited from, investigating criminal matters. (3) The failure by States, territories, and the District of Columbia to bring their full criminal investigatory and prosecutorial skills to bear regarding such complaints regarding alleged child victims places these alleged child victims at risk of further harm. (4) Children are a discrete and insular minority, within the Supreme Court's understanding of the Fourteenth Amendment to the Constitution of the United States. (5) Because of such status, children have been deprived of equal and adequate enforcement of the laws, and particularly those criminal laws prohibiting assault, battery, and torture. (6) It would be a violation of the alleged child victims' right to equal protection of law if enforcement actions are brought to bear regarding alleged adult victims but not brought to bear regarding child victims. SEC. 3. RIGHT TO PROTECTION; DUTY TO INTERVENE. The Revised Statutes of the United States are amended by inserting after section 1979 the following: SEC. 1979A. RIGHT TO PROTECTION; DUTY TO INTERVENE. ``(a) Where the statutes, ordinances, regulations, custom, or usage of any State or territory or the District of Columbia provide for investigation and, where warranted, criminal prosecution in response to complaints of physical assault, sexual assault, sexual abuse, or sexual harassment of citizens or other persons within the jurisdiction thereof, these ordinances, regulations, customs, and usage shall be applied without regard to the age of the victim. ``(b) Neither the investigation and determination of facts for the purpose of awarding guardianship for or custody of a minor, nor the act of awarding such guardianship or custody shall relieve any State or territory or the District of Columbia of the duty to investigate and criminally prosecute valid complaints against child victims in the same vigorous and timely manner as complaints against adult victims. ``(c) Nothing in this section shall be construed to permit the public disclosure of any victim's identity. To the contrary, to the maximum extent possible, the identity of all child victims shall be protected in any investigation and prosecution. ``(d) Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or territory or the District of Columbia, fails to provide the affirmative protection or intervention required pursuant to subsection (a) to a citizen of the United States or other person within the jurisdiction thereof shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. Such protection and intervention as required by law shall not be limited to those cases in which the injured party is in the physical or constructive custody of such person. ``(e) The failure of a State, county, locality, or the District of Columbia to comply with this section shall act as an absolute disability to receipt of Federal grants for law-enforcement purposes as otherwise provided for in such laws as Congress may from time to time enact. ``SEC. 1979B. RELIEF. ``An injured party under section 1979A may apply to the court for such relief as the court may grant in its discretion. Such relief may include injunctive relief, restraining orders, and monetary damages. Such relief may not include punitive damages. Granting of such relief as the court may grant does not preclude criminal prosecution under the laws of a State or the United States. Judgment entered on such action may be considered by the Department of Justice in its determination of whether a State, locality, or the District of Columbia has met the requirements of section 1979A. ``SEC. 1979C. ABSTENTION; DENOVO REVIEW. ``The court may not abstain from hearing a case under section 1979B until the completion of State court proceedings or exhaustion of State remedies unless the defendant demonstrate by clear and convincing evidence that delay of Federal proceedings will not endanger the injured party or deprive such party of the protection which is the subject of the proceeding. In making any determination in a proceeding under this section, the court may, in its discretion, review all factual issues de novo, and shall not be limited by doctrines of res judicata or collateral estoppel, except that a final criminal conviction in a State or Federal court after a fully-litigated trial shall estop any review of the act or acts underlying such conviction. ``SEC. 1979D. WHO MAY BRING. ``An action under section 1979B may be brought by the injured party, a guardian ad litem, a class of affected individuals, the Attorney General of the United States, or the attorney general of a State, commonwealth, territory. A refusal by such attorneys general to prosecute shall not act as a bar to private action. ``SEC. 1979E. COSTS. ``In any action under section 1979B, the court, in its discretion, may allow the prevailing party, other than the United States or a State, territory or jurisdiction, a reasonable attorney's fee.''.

Children's Equal Protection Act of 1994 - Amends the Revised Statutes to mandate that State criminal investigation and prosecution statutes that relate to physical assault or sexual assault, abuse, or harassment be applied without regard to the victim's age. Imposes liability upon any person who under color of law fails to provide the affirmative protection or intervention required by this Act. Declares that noncompliance by any jurisdiction shall serve as an absolute bar to receipt of Federal law-enforcement grants. Prescribes guidelines for judicial relief, abstention, de novo review, and attorney's fees.

Children's Equal Protection Act of 1994

SECTION 1. NEGOTIATIONS REGARDING CURRENCY VALUATION. (a) Findings.--Congress makes the following findings: (1) The currency of the People's Republic of China, known as the yuan or renminbi, is artificially pegged at a level significantly below its market value. Economists estimate the yuan to be undervalued by between 15 percent and 40 percent or an average of 27.5 percent. (2) The undervaluation of the yuan provides the People's Republic of China with a significant trade advantage by making exports less expensive for foreign consumers and by making foreign products more expensive for Chinese consumers. The effective result is a significant subsidization of China's exports and a virtual tariff on foreign imports. (3) The Government of the People's Republic of China has intervened in the foreign exchange markets to hold the value of the yuan within an artificial trading range. China's foreign reserves are estimated to be over $609,900,000,000 as of January 12, 2005, and have increased by over $206,700,000,000 in the last 12 months. (4) China's undervalued currency, China's trade advantage from that undervaluation, and the Chinese Government's intervention in the value of its currency violates the spirit and letter of the world trading system of which the People's Republic of China is now a member. (5) The Government of the People's Republic of China has failed to promptly address concerns or to provide a definitive timetable for resolution of these concerns raised by the United States and the international community regarding the value of its currency. (6) Article XXI of the GATT 1994 (as defined in section 2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C. 3501(1)(B))) allows a member of the World Trade Organization to take any action which it considers necessary for the protection of its essential security interests. Protecting the United States manufacturing sector is essential to the interests of the United States. (b) Negotiations and Certification Regarding the Currency Valuation Policy of the People's Republic of China.-- (1) In general.--Notwithstanding the provisions of title I of Public Law 106-286 (19 U.S.C. 2431 note), on and after the date that is 180 days after the date of enactment of this Act, unless a certification described in paragraph (2) has been made to Congress, in addition to any other duty, there shall be imposed a rate of duty of 27.5 percent ad valorem on any article that is the growth, product, or manufacture of the People's Republic of China, imported directly or indirectly into the United States. (2) Certification.--The certification described in this paragraph means a certification by the President to Congress that the People's Republic of China is no longer acquiring foreign exchange reserves to prevent the appreciation of the rate of exchange between its currency and the United States dollar for purposes of gaining an unfair competitive advantage in international trade. The certification shall also include a determination that the currency of the People's Republic of China has undergone a substantial upward revaluation placing it at or near its fair market value. (3) Alternative certification.--If the President certifies to Congress 180 days after the date of enactment of this Act that the People's Republic of China has made a good faith effort to revalue its currency upward placing it at or near its fair market value, the President may delay the imposition of the tariffs described in paragraph (1) for an additional 180 days. If at the end of the 180-day period the President determines that China has developed and started actual implementation of a plan to revalue its currency, the President may delay imposition of the tariffs for an additional 12 months, so that the People's Republic of China shall have time to implement the plan. (4) Negotiations.--Beginning on the date of enactment of this Act, the Secretary of the Treasury, in consultation with the United States Trade Representative, shall begin negotiations with the People's Republic of China to ensure that the People's Republic of China adopts a process that leads to a substantial upward currency revaluation within 180 days after the date of enactment of this Act. Because various Asian governments have also been acquiring substantial foreign exchange reserves in an effort to prevent appreciation of their currencies for purposes of gaining an unfair competitive advantage in international trade, and because the People's Republic of China has concerns about the value of those currencies, the Secretary shall also seek to convene a multilateral summit to discuss exchange rates with representatives of various Asian governments and other interested parties, including representatives of other G-7 nations.

Imposes an additional duty of 27.5 percent on Chinese goods imported into the United States unless the President submits a certification to Congress that the People's Republic of China (PRC) is no longer manipulating the rate of exchange and is complying with accepted market-based trading policies. Directs the Secretary of the Treasury to negotiate with the PRC to ensure a process that leads to a market-based system of currency valuation.

A bill to authorize appropriate action if the negotiations with the People's Republic of China regarding China's undervalued currency are not successful.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victim Insurance Relief Act of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) During World War II, 6,000,000 victims of the Holocaust lost their lives and property. (2) In addition to the many atrocities that befell the victims of the Nazi regime, many of the insurance claims that rightfully should have been paid to the victims and their families were not. (3) In many instances, insurance company records are the only proof of the existence of these insurance policies belonging to Holocaust victims. (4) Many Holocaust survivors and their descendants have been fighting for 50 years to persuade insurance companies to settle unpaid claims. (5) Holocaust survivors and families of victims have asked that insurance companies disclose any information they possess that could show proof of insurance policies held by Holocaust victims and survivors. (6) Insurance companies doing business in the United States have a responsibility to ensure that any involvement they or their related companies may have had with insurance policies of Holocaust victims are disclosed to the Federal Government and to ensure the rapid resolution of these questions, eliminating the further victimization of these policyholders and their families. (7) The international Jewish community is negotiating with responsible insurance companies to establish an international commission to resolve the issue of outstanding insurance claims. SEC. 3. ESTABLISHMENT OF HOLOCAUST INSURANCE REGISTRY. The Secretary of the Treasury, Secretary of State, and Secretary of Commerce shall jointly establish and maintain a central registry containing records and information relating to insurance policies of victims, living and deceased, of the Holocaust. The registry shall be known as the Holocaust Insurance Registry and shall be accessible to the public. SEC. 4. FULL DISCLOSURE BY INSURANCE FIRMS. Any insurer currently doing business in the United States that sold life, property, liability, health, annuity, dowry, educational, or casualty insurance policies, directly or through a related company, to persons in Europe, which were in effect between 1920 and 1945, whether the sale occurred before or after the insurer and the related company became related, shall, within 180 days following the date of the enactment of this Act, file or cause to be filed the following information with the Departments of the Treasury, State, or Commerce to be entered into the Holocaust Insurance Registry: (1) The number of such insurance policies. (2) The holder, beneficiary, and current status of such policies. (3) A comparison of the names of holders and beneficiaries of such policies and the names of the victims of the Holocaust. The names of victims of the Holocaust shall be provided by the Department of State and may additionally be obtained from the Yad Vashem repository in Israel. SEC. 5. CERTIFICATION BY INSURANCE COMPANIES. Each insurer subject to section 4 shall certify under penalty of perjury to any of the following: (1) The proceeds of the policies described in section 4 have been paid to the designated beneficiaries or their heirs where that person or persons, after diligent search, could be located and identified. (2) The proceeds of the policies where the beneficiaries or heirs could not, after diligent search, be located or identified, have been distributed to Holocaust survivors or to qualified charitable nonprofit organizations for the purpose of assisting Holocaust survivors. (3) A court of law has certified in a legal proceeding resolving the rights of unpaid policyholders, their heirs, and beneficiaries, a plan for the distribution of the proceeds. (4) The proceeds have not been distributed and the amount of those proceeds. An insurer currently doing business in the United States that did not sell any insurance policies in Europe prior to 1945, shall not be subject to this section if a related company, whether or not authorized and currently doing business in the United States, has made a filing under this section. SEC. 6. PENALTIES FOR FAILURE TO DISCLOSE INFORMATION. (a) In General.--Any insurer that knowingly files information required by this Act that is false shall be liable for a civil penalty not to exceed $5,000 for each violation, which penalty is hereby appropriated to the Departments of Treasury, State, and Commerce to be used to aid in the resolution of Holocaust insurance claims. (b) Suspension.--Any insurance company that fails to comply with the requirements of this Act by the 210th day after the date of the enactment of this Act, shall be suspended from practicing in the insurance business until the time that the insurer complies with this Act. (c) Regulation.--The Secretary of the Treasury, Secretary of State, and Secretary of Commerce shall jointly adopt regulations to implement this Act. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that outstanding claims under insurance policies held by Holocaust victims and survivors be resolved at the earliest possible time. SEC. 8. DEFINITIONS. For purposes of this Act: (1) The term ``Holocaust victim'' means any person who was persecuted during the period of 1929 to 1945, inclusive, by Nazi Germany, its allies, or sympathizers. (2) The term ``related company'' means any parent, subsidiary, reinsurer, successor in interest, managing general agent, or affiliate company of the insurer. (3) The term ``proceeds'' means the face value or other payout value of insurance policies and annuities plus reasonable interest to date of payment without diminution for wartime or immediate postwar currency devaluation.

Holocaust Victim Insurance Relief Act of 1998 - Directs the Secretary of the Treasury, the Secretary of State, and the Secretary of Commerce jointly to establish a central public registry containing records and information relating to insurance policies of living and deceased victims of the Holocaust, to be known as the Holocaust Insurance Registry. Requires any insurer currently doing business in the United States that sold life, property, liability, health, annuity, dowry, educational, or casualty insurance policies, directly or through a related company, to persons in Europe, which were in effect between 1920 and 1945, to file with the Departments of the Treasury, State, or Commerce for entry into the Registry: (1) the number of such insurance policies; (2) the holder, beneficiary, and current status of such policies; and (3) a comparison of the names of holders and beneficiaries of such policies and the names of Holocaust victims. Requires each such insurer to certify under penalty of perjury to any of the following: (1) the proceeds of the policies have been paid to the designated beneficiaries or their heirs where that person or persons could be located and identified; (2) the proceeds of the policies, where the beneficiaries or heirs could not be located or identified, have been distributed to Holocaust survivors or to qualified charitable nonprofit organizations for the purpose of assisting Holocaust survivors; (3) a court of law has certified in a legal proceeding resolving the rights of unpaid policyholders, their heirs, and beneficiaries, a plan for the distribution of the proceeds; or (4) the proceeds have not been distributed and the amounts of those proceeds. Exempts from such filing requirement any insurer currently doing business in the United States that did not sell any insurance policies in Europe before 1945, if a related company, whether or not authorized and currently doing business in the United States, has made such a filing. Makes any insurer that knowingly files false information liable for a civil penalty not to exceed $5,000 for each violation, which penalty is appropriated to the Departments of the Treasury, State, and Commerce to be used to aid in the resolution of Holocaust insurance claims. Declares that any insurance company that fails to comply with the requirements of this Act shall be suspended from practicing in the insurance business until the time that the insurer complies. Expresses the sense of the Congress that outstanding claims under insurance policies held by Holocaust victims and survivors be resolved at the earliest possible time.

Holocaust Victim Insurance Relief Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Literacy in Finance and Economics Act of 2011'' or the ``College LIFE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Student borrowing is widespread in higher education, and more than $100,000,000,000 in Federal education loans are originated each year. In 2008, 62 percent of recipients of a baccalaureate degree graduated with student debt. (2) Forty-eight percent of students at 4-year public institutions of higher education borrow money to pay for college, as do 57 percent of students at 4-year private institutions of higher education, and 96 percent of students at for-profit institutions of higher education. (3) In 2008, 92 percent of Black students, 85 percent of Hispanic students, 85 percent of American Indian/Alaska Native students, 82 percent of multi-racial students, 80 percent of Native Hawaiian/Pacific Islander students, 77 percent of White students, and 68 percent of Asian students received financial aid. (4) Students depart from institutions of higher education with significant debt. In 2008, the average student loan debt among graduates of institutions of higher education was $23,186, and 1 in 10 recipients of a baccalaureate degree graduated at least $40,000 in debt. In 2008, 57 percent of recipients of a baccalaureate degree from a for-profit institution of higher education owed more than $30,000, and the median amount of debt was $32,700. Since 2003, the average cumulative debt among students at institutions of higher education has increased by 5.6 percent each year. (5) Students enrolled in for-profit institutions of higher education account for 47 percent of all student loan defaults, despite representing approximately 10 percent of all students enrolled in institutions of higher education. Since 2003, the national cohort default rate has increased from 4.5 percent to 7 percent. (6) Students rely on access to credit. Fifty-six percent of dependent students at institutions of higher education had a credit card in their own name in 2004. The average credit card balance among such students who were carrying a balance on their cards was $2,000. (7) According to the National Foundation for Credit Counseling, the majority of adults (56 percent of adults in the United States, or 127,000,000 people) do not have a budget or keep close track of expenses or spending. (8) According to a 2009 National Bankruptcy Research Center study, consumers who received financial education through pre- bankruptcy counseling had 27.5 percent fewer delinquent accounts and remained current on their accounts for 29 percent longer. (9) According to the Financial Industry Regulatory Authority Investor Education Foundation, less than one-third of young adults (ages 18 to 29) set aside emergency savings to weather unexpected financial challenges. (10) According to a Jump$tart Coalition for Personal Financial Literacy survey, 62 percent of high school students cannot pass a basic personal finance exam, and financial literacy scores among future higher education students are low. (11) According to research by the National Endowment for Financial Education and the University of Arizona, schools are the institutions that students trust most to help increase their knowledge of personal finance. SEC. 3. FINANCIAL LITERACY COUNSELING. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Financial Literacy Counseling.-- ``(1) In general.--Each eligible institution shall provide financial literacy counseling to student borrowers in accordance with the requirements of this subsection, through-- ``(A) financial aid offices; ``(B) an employee or group of employees designated under subsection (c); or ``(C) a partnership with a nonprofit organization that has substantial experience developing or administering financial literacy and economic education curricula, which may include an organization that has received grant funding under the Excellence in Economic Education Act of 2001 (20 U.S.C. 7267 et seq.). ``(2) Entrance and exit counseling required.-- ``(A) In general.--Financial literacy counseling, as required under this subsection, shall be provided to student borrowers on the following 2 occasions: ``(i) Entrance counseling.--Such counseling shall be provided not later than 45 days after the first disbursement of a borrower's first loan that is made, insured, or guaranteed under part B, made under part D, or made under part E. Financial literacy counseling on this occasion may be provided in conjunction with the entrance counseling described in subsection (l), if the financial literacy counseling component is provided in accordance with the requirements of subparagraph (C). ``(ii) Exit counseling.--Such financial literacy counseling shall be provided, in addition to the financial literacy counseling provided under clause (i), prior to the completion of the course of study for which the borrower enrolled at the institution or at the time of departure from such institution, to each borrower of a loan that is made, insured, or guaranteed under part B, made under part D, or made under part E. Financial literacy counseling on this occasion may be provided in conjunction with the exit counseling described in subsection (b), if the financial literacy counseling component is provided in accordance with the requirements of subparagraph (C). ``(B) Exceptions.--The requirements of subparagraph (A) shall not apply to borrowers of-- ``(i) a loan made, insured, or guaranteed pursuant to section 428C; ``(ii) a loan made, insured, or guaranteed on behalf of a student pursuant to section 428B; or ``(iii) a loan made under part D that is a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student. ``(C) Minimum counseling requirements.--Such financial literacy counseling shall include a total of not less than 4 hours of counseling on the occasion described in subparagraph (A)(i), and an additional period of not less than 4 hours of counseling on the occasion described in subparagraph (A)(ii). A total of not more than 2 hours of counseling for each of the occasions described in subparagraph (A) shall be provided electronically. ``(D) Early departure.--Notwithstanding subparagraph (C), if a borrower leaves an eligible institution without the prior knowledge of such institution, the institution shall attempt to provide the information required under this subsection to the student in writing. ``(3) Information to be provided.--Financial literacy counseling, as required under this subsection, shall include information on the Financial Education Core Competencies as determined by the Financial Literacy and Education Commission established under title V of the Fair and Accurate Credit Transactions Act of 2003 (20 U.S.C. 9701 et seq.). ``(4) Use of interactive programs.--The Secretary may encourage institutions to carry out the requirements of this subsection through the use of interactive programs that test the borrower's understanding of the financial literacy information provided through counseling under this subsection, using simple and understandable language and clear formatting. ``(5) Model financial literacy counseling curriculum.--Not later than 1 year after the date of enactment of the College Literacy in Finance and Economics Act of 2011, the Secretary shall develop a curriculum in accordance with the requirements of paragraph (3), which eligible institutions may use to fulfill the requirements of this subsection. In developing such curriculum, the Secretary may consult with members of the Financial Literacy and Education Commission.''.

College Literacy in Finance and Economics Act of 2011 or College LIFE Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to provide student borrowers under the Federal Family Education Loan, Direct Loan, and Perkins Loan programs with financial literacy counseling within 45 days of their first receipt of such a loan and prior to the completion of their studies or when they leave school. Requires student borrowers to receive at least four hours of counseling on each occasion. Makes such counseling requirements inapplicable to borrowers of consolidation loans. Requires financial literacy counseling to include information on the Financial Education Core Competencies as determined by the Financial Literacy and Education Commission. Directs the Secretary of Education to develop a curriculum that IHEs may use to fulfill this Act's requirements.

A bill to require financial literacy and economic education counseling for student borrowers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aeronautics and Space Prize Act''. SEC. 2. NATIONAL ENDOWMENT FOR AERONAUTICS AND SPACE. (a) Establishment.--There is established a National Endowment for Aeronautics and Space (referred to in this Act as the ``Endowment''). (b) Purposes.--The purposes of the Endowment are-- (1) to execute a program awarding cash prizes in recognition of outstanding private sector achievements in basic, advanced, and applied research, technology development, and prototype demonstration that have the potential for application to the Nation's aeronautics and space endeavors within the National Aeronautics and Space Administration (referred to in this Act as ``NASA'') and other governmental agencies as well as private entities in the United States; (2) with the advice of NASA and other agencies as appropriate, to carry out a program for tasteful advertising of commercial products and services in conjunction with the Nation's aeronautics and space endeavors in conjunction with NASA, other agencies involved in aeronautics and space, or independently; and (3) to encourage private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in connection with, the Nation's aeronautics and space endeavors in NASA as well as other governmental agencies and private entities involved in aeronautics and space in the United States. (c) Authority of the Endowment.--In carrying out the purposes specified in subsection (b), the endowment is authorized-- (1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its operations and the exercise of the powers vested in it by law; (2) to appoint and fix the compensation of such officers and employees as may be necessary to carry out the purposes specified in subsection (b), in accordance with civil service laws; and (3) to appoint such advisory committees as may be appropriate for purposes of consultation and advice to the Endowment. (d) Powers of the Endowment.-- (1) Contract.--The Endowment, with the advice of NASA and other agencies as appropriate, shall have the power to enter into contracts or grants, to execute instruments, and generally to do any and all lawful acts necessary or appropriate consistent with the purposes of the Endowment specified in subsection (b). (2) Payment.--Neither NASA, other agencies, private sector entities, nor any employee thereof, except as specified in this Act, is authorized to accept funds from the Endowment. (3) Coordination.--In order to carry out its functions under this Act, the Endowment may utilize the services and facilities of NASA and other Federal agencies, and such services and facilities may be made available on request to the extent practicable without reimbursement therefor. (e) Gifts; Devises; Bequests.-- (1) In general.--Except as provided in paragraph (2), the Endowment may accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein for the benefit of or in connection with the Nation's aeronautics and space endeavors within NASA as well as other governmental agencies within the United States, including a gift, devise, or bequest that is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Nation's aeronautics and space endeavors within NASA as well as other governmental agencies involved in aeronautics and space within the United States. For purposes of this paragraph, an interest in real property includes easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. (2) Limitation.--The Endowment may not accept a gift, devise, or bequest which entails any expenditure other than from the resources of the Endowment. (3) Property of the united states.--Gifts and other transfers made to or for the use of the Endowment shall be regarded as contributions, gifts, or transfers to or for the use of the United States. (f) Reporting.--Promptly at the end of each fiscal year, the Endowment shall transmit to Congress an annual report of its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments. (g) Chairperson of the Endowment.-- (1) In general.--The Endowment shall be headed by a Chairperson, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Responsibilities.--Under the supervision and direction of the President, the Chairperson shall be responsible for the exercise of all powers and the discharge of all duties of the Endowment, and shall have authority and control over all personnel and activities thereof. The Chairperson shall not engage in any other business, vocation, or employment while serving as such. (3) Terms.--The Chairperson shall serve for a term of 4 years and shall be eligible for reappointment. Upon expiration of the Chairperson's term of office the Chairperson shall serve until the Chairperson's successor shall be appointed. (4) Duties.--The Chairperson shall correlate the programs of the Endowment, insofar as practicable, with existing programs of Federal, State, regional, or private groups, and shall develop the programs of the Endowment with due regard to the contribution to the objectives of this Act which can be made by other Federal agencies under existing programs. The Chairperson may enter into interagency agreements to promote or assist the aeronautics and space activities of other Federal agencies on a reimbursable or nonreimbursable basis, and may use funds authorized to be appropriated for the purposes of subsection (b) for the costs of such activities. SEC. 3. NATIONAL ADVANCED SPACE AND AERONAUTICAL TECHNOLOGIES PRIZE AWARD PROGRAM. (a) In General.--The Endowment shall carry out the program described in section 2(b)(1). (b) Competition Requirements.--The Endowment shall-- (1) widely advertise prize competitions and use a competitive process for the selection of recipients of prizes under this section; and (2) make a determination, with the advice of NASA and other governmental agencies as appropriate, prior to the advertisement required under paragraph (1) if an individual prize might have benefits for the Nation's aeronautics and space endeavors within NASA as well as other governmental agencies and private entities involved in aeronautics and space in the United States. (c) Registration.-- (1) In general.--The Endowment shall require potential recipients of prizes to register for any prize competition under the program established under this section, and, as part of the registration process, to assume any and all risks and waive claims against the United States Government and its related entities for any injury, death, damage, or loss of property or revenue or profits, whether direct, indirect, or consequential, arising from their participation in a competition, whether such injury, death, damage, or loss arises through negligence or otherwise, except in the case of willful misconduct. (2) Related entity.--For purposes of this subsection, the term ``related entity'' includes a contractor or subcontractor at any tier, and a supplier, user, customer, cooperating party, grantee, investigator, or detailee. (d) Limitations.--The following limitations apply: (1) The total amount of cash prizes budgeted in a fiscal year shall not exceed $150,000,000. (2) No prize competition shall result in the award of more than $50,000 in cash prizes without the approval of the Chairperson or the Chairperson's designee. (e) Availability of Funds.--Funds appropriated for the program authorized by this section shall remain available until expended for a maximum of 4 years. (f) Report.--The Endowment shall transmit to the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate, and to the Committee on Appropriations and the Committee on Science and Technology of the House of Representatives, a report on the administration of the program under this section for each fiscal year. The report shall include-- (1) the aeronautics and space applications for which cash prizes were awarded; (2) the total amount of the cash prizes awarded; and (3) the methods used for solicitation and evaluation of submissions, together with an assessment of the effectiveness of those methods. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Aeronautics and Space Prize Act - Establishes a National Endowment for Space and Aeronautics, to be headed by a Chairperson appointed by the President, to: (1) execute a program to award cash prizes for outstanding private sector achievements in basic, advanced, and applied research, technology development, and prototype demonstration that have the potential for application to the nation's aeronautics and space endeavors within the National Aeronautics and Space Administration (NASA) and other governmental agencies as well as private entities in the United States; (2) with the advice of NASA and other agencies as appropriate, carry out advertising of commercial products and services in conjunction with such endeavors with NASA, other agencies involved in aeronautics and space, or independently; and (3) encourage private gifts for the benefit of, or in connection with, such endeavors in NASA as well as other governmental agencies and private entities involved in aeronautics and space in the United States. Requires the Endowment annually to report to Congress. Authorizes the Endowment to carry out a National Advanced Space and Aeronautical Technologies Prize Award Program as described above.

To create a National Endowment to advance private sector development of aeronautics and space technologies by way of the National Advanced Space and Aeronautical Technologies Prize Award Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Preservation Act of 2011''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Depository institutions and affiliates of depository institutions currently may control and lease foreclosed property for a limited period of time often subject to safety and soundness considerations, under various Federal laws and the law of some States. (2) Authorizing such institutions, the GSEs, and affiliates to enter into a long-term lease with the occupant of the property or any other person would reduce the number of residential properties entering into the housing inventory, which in turn would help to stabilize home values and restore confidence in the housing markets. (3) Allowing depository institutions, the GSEs, and affiliates of such institutions to lease foreclosed property will allow the institution or affiliate to dispose of such property into a presumably more stable market at the end of the lease term which would reduce the loss the institution or affiliate may otherwise be required to recognize upon disposition of the property. (4) Providing a means for foreclosed property to remain occupied during the housing downturn will preserve the property itself as well as the aesthetic and economic values of neighboring homes and even whole neighborhoods. SEC. 3. BANK LEASING OF FORECLOSED PROPERTIES. (a) In General.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(y) Leasing of Foreclosed Property.-- ``(1) Leasing authorized.--Notwithstanding any provision of Federal or State law restricting the time during which a depository institution, or any affiliate of a depository institution, may hold or lease property, or any provision of Federal or State law prohibiting a depository institution, or any affiliate of a depository institution, from leasing property and subject to this subsection and regulations prescribed under this subsection, any depository institution, and any affiliate of a depository institution, may lease to any individual, including a lease with an option to purchase, for not to exceed 5 years an interest in residential property which-- ``(A) was or is security for an extension of credit by such depository institution or affiliate; and ``(B) came under the ownership or control of the depository institution or affiliate through foreclosure, or a deed in lieu of foreclosure, on the extension of credit. ``(2) Safety and soundness regulations.--The Federal banking agencies shall jointly prescribe regulations which-- ``(A) establish criteria and minimum requirements for the leasing activity of any depository institution or affiliate of a depository institution, including minimum capital requirements, that the agency determines to be appropriate for the preservation of the safety and soundness of the institution or affiliate; ``(B) establish requirements or exceptions that the agency determines are appropriate under this subsection for any such institution or affiliate for any other purpose; and ``(C) provide for appropriate actions under section 38 with respect to any such lease if necessary to protect the capital or safety and soundness of the institution or affiliate or any other necessary enforcement action. ``(3) Length of lease.--If any provision of any Federal or State law, including the Bank Holding Company Act of 1956, governing the permissible activities of depository institutions or affiliates of depository institutions permits a depository institution or any such affiliate to hold property as described in paragraph (1) for a period longer than 5 years, any lease under paragraph (1) may be extended to the extent permitted by such provision of law. ``(4) Sunset.--This section shall apply only with respect to leases entered into during the 3-year period beginning on the date of the enactment of the Neighborhood Preservation Act.''. (b) Intent of the Congress.--It is the intent of the Congress that-- (1) no permanent change in policy on leasing foreclosed property is being established with respect to depository institutions and depository institution holding companies; and (2) subsection (y) of section 18 of the Federal Deposit Insurance Act should not apply to leases entered into after the sunset date contained in such subsection. SEC. 4. GOVERNMENT SPONSORED ENTERPRISE LEASING OF FORECLOSED PROPERTIES. (a) In General.--For the purpose of mitigating losses to the taxpayer and stabilizing home prices, an enterprise may market for rental any real estate owned properties and assets of such enterprises and enter into lease agreements with lessees as the Federal Housing Finance Agency determines appropriate, prior to the sale of such properties and assets, except that any such lease agreement shall be no greater than 5 years. Authority to enter into leasing agreements pursuant to this subsection shall terminate 3 years after the date of the enactment of this Act. (b) Enterprise Defined.--The term ``enterprise'' means-- (1) the Federal National Mortgage Association; and (2) the Federal Home Loan Mortgage Corporation.

Neighborhood Preservation Act of 2011 - Amends the Federal Deposit Insurance Act to authorize any depository institution (or affiliate) to lease, including lease with an option to purchase, to any individual for up to five years an interest in residential property which: (1) was or is security for an extension of credit by such depository institution (or affiliate), and (2) came under the institution's or affiliate's ownership or control through foreclosure (or a deed in lieu of foreclosure) on the extension of credit. Directs the federal banking agencies to jointly prescribe specified safety and soundness regulations, including minimum capital requirements for such institutions or affiliates. Permits extension of such a lease beyond five years if any federal or state law, including the Bank Holding Company Act of 1956, so permits. Applies this Act only to leases entered into during the three-year period beginning on the date of the enactment of this Act. Declares it is the intent of Congress that: (1) no permanent change in policy on leasing foreclosed property is being established with respect to depository institutions and depository institution holding companies, and (2) bank leasing of foreclosed property authorized under this Act should not apply to leases entered into after such three-year period. Authorizes a government-sponsored enterprise (the Federal National Mortgage Association [Fannie Mae] or the Federal Home Loan Mortgage Corporation [Freddie Mac]) to market for rental, before sale, any of its real estate owned properties and assets as the Federal Housing Finance Agency (FHFA) determines appropriate. Restricts lease agreements to five years.

To authorize depository institutions, depository institution holding companies, Fannie Mae, and Freddie Mac to lease foreclosed property held by such entities for up to 5 years, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Combat Stress Healthcare Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 1.6 million members of the Armed Forces have been deployed in Afghanistan or Iraq for Operation Enduring Freedom and Operation Iraqi Freedom. (2) The 2008 RAND Corporation report entitled ``Invisible Wounds of War'' stated that ``With the possibility of more than 300,000 new cases of mental health conditions among OEF/OIF veterans, a commensurate increase in treatment capacity is needed.''. (3) Combat stress refers to the expected and predictable emotional, intellectual, physical, or behavioral reactions of members of the Armed Forces who have been exposed to stressful events in war or other military operations, and combat stress is often associated with post-traumatic stress disorder, anxiety, depression, alcohol or drug abuse, and readjustment difficulties. (4) Approximately 18.5 percent of the members of the Armed Forces who have served in Afghanistan or Iraq are believed to be suffering from post-traumatic stress disorder or depression, and the rate of suicide among veterans suffering from post- traumatic stress disorder is a serious problem. (5) Approximately 19.5 percent of the members of the Armed Forces who have served in Afghanistan or Iraq report that they experienced a traumatic brain injury during their deployment. (6) It is estimated that only half of the veterans who need treatment for post-traumatic stress disorder or traumatic brain injury actually seek treatment, and, of the veterans who receive treatment, only slightly more than half receive minimally adequate or better care. (7) The Department of Veterans Affairs must be prepared to provide lifetime care for veterans who were severely wounded physically or psychologically in combat operations in Afghanistan and Iraq. (8) The inadequate number of licensed mental health professionals trained to treat combat stress may have a negative long-term impact on the quality of mental health care for veterans. (9) There are many challenges surrounding the hiring and retention of trained mental health providers by the Department of Veterans Affairs. (10) The Health Professionals Educational Assistance Program under chapter 76 of title 38, United States Code, contains a number of scholarship, tuition reimbursement, and education debt reduction programs that need to be better utilized by the Department of Veterans Affairs to relieve the shortage in the number of licensed mental health professionals employed by the Department who have received specialized training in the treatment of combat stress. SEC. 3. USE OF HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM TO INCREASE NUMBER OF LICENSED MENTAL HEALTH PROFESSIONALS EMPLOYED BY THE DEPARTMENT OF VETERANS AFFAIRS TRAINED TO TREAT COMBAT STRESS. (a) In General.--Section 7603 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) The purpose of this subsection is to establish a means to increase the number of licensed mental health professionals employed by the Department of Veterans Affairs who have the specialized training necessary to treat combat stress by providing a selection priority under the following components of the Educational Assistance Program: ``(A) The scholarship program provided for in subchapter II of this chapter. ``(B) The tuition reimbursement program provided for in subchapter III of this chapter. ``(C) The Selected Reserve member stipend program provided for under subchapter V of this chapter. ``(D) The employee incentive scholarship program provided for in subchapter VI of this chapter. ``(E) The education debt reduction program provided for in subchapter VII of this chapter. ``(2) In addition to the priority given under subsection (d) in selecting applicants for acceptance in the Educational Assistance Program under subchapter II, III, V, or VI of this chapter, the Secretary shall give priority to the application of an individual who-- ``(A) is otherwise eligible to receive assistance under the applicable subchapter; and ``(B) is accepted for enrollment, or is enrolled, as a student at a qualifying educational institution in a course of education or training that is approved by the Secretary and-- ``(i) leads to a degree as a licensed mental health professional with specialized training in the treatment of combat stress; or ``(ii) in the case of an individual who is already a licensed mental health professional, provides specialized training in the field of combat stress. ``(3) In addition to the priority given under subsection (d) in selecting applicants for acceptance in the Educational Assistance Program under subchapter VII of this chapter, the Secretary shall give priority to the application of an individual who-- ``(A) is otherwise eligible to receive assistance under such subchapter; ``(B) has completed a degree qualifying the individual as a licensed mental health professional; ``(C) is an employee of the Department who serves in a position related to the treatment of combat stress; and ``(D) owes any amount of principal or interest under a loan used by that individual to pay costs directly relating to earning the degree as a licensed mental health professional. ``(4) The Secretary shall make available to personnel of the Department and to educational institutions offering courses in mental health such materials as the Secretary considers appropriate to provide information on the Educational Assistance Program priorities available under this subsection and shall encourage educational institutions to disseminate the materials to students. ``(5) The priority required by paragraphs (2) and (3) shall apply until such time as the Secretary certifies to Congress that the shortage no longer exists in the number of licensed mental health professionals employed by the Department of Veterans Affairs who have specialized training in the treatment of combat stress. ``(6) Not later than 60 days after the date of the enactment of the Veterans Combat Stress Healthcare Improvement Act, the Secretary shall issue guidelines for the identification of educational programs that are qualified to provide specialized training in the treatment of combat stress. ``(7) In this subsection: ``(A) The term `licensed mental health professional' includes individuals certified as a social worker, psychologist, psychiatrist, or in such other disciplines as the Secretary determines to be appropriate for purposes of this subsection. ``(B) The term `combat stress' refers to the expected and predictable emotional, intellectual, physical, or behavioral reactions of veterans who have been exposed to stressful events in war or other military operations, and combat stress is often associated with post-traumatic stress disorder, anxiety, depression, alcohol or drug abuse, and readjustment difficulties. ``(8) There is authorized to be appropriated to the Secretary $15,000,000 for each of fiscal years 2009 through 2011 to carry out this subsection.''. (b) Rule of Construction.--Nothing in the amendment made by subsection (a) is intended to limit or define the diagnosis or treatment of veterans' medical conditions. (c) Reauthorization of Expired Scholarship Program.--Section 7618 of title 38, United States Code, is amended by striking ``1998'' and inserting ``2011''.

Veterans Combat Stress Healthcare Improvement Act - Revises the veterans' health professionals educational assistance program to provide a selection priority under various program components for those seeking to obtain the specialized training necessary to treat combat stress. Provides a similar priority for individuals who have completed the degree requirements necessary for qualification as a licensed mental health professional, are employees of the Department of Veterans Affairs (VA) in positions related to the treatment of combat stress, and owe any principal or interest on loans used to pay costs related to earning the degree. Reauthorizes the program's scholarship program for FY2009-FY2011.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to use the Health Professionals Educational Assistance Program of the Department of Veterans Affairs to increase the number of licensed mental health professionals in the Department of Veterans Affairs available to assist veterans suffering from the effects of combat stress, and for other purposes.

SECTION 1. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM. (a) Program Purposes.--Subsection (b) of section 246 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2500; 10 U.S.C. 2358 note) is amended-- (1) in paragraph (2), by striking ``in nanoscale research and development'' and inserting ``in the National Nanotechnology Initiative and with the National Nanotechnology Coordination Office under section 3 of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7502)''; and (2) in paragraph (3), by striking ``portfolio of fundamental and applied nanoscience and engineering research initiatives'' and inserting ``portfolio of nanotechnology research and development initiatives''. (b) Program Administration.-- (1) Administration through under secretary of defense for acquisition, technology, and logistics.--Subsection (c) of such section is amended-- (A) by striking ``the Director of Defense Research and Engineering'' and inserting ``the Under Secretary of Defense for Acquisition, Technology, and Logistics''; and (B) by striking ``The Director'' and inserting ``The Under Secretary''. (2) Other administrative matters.--Such subsection is further amended-- (A) in paragraph (2), by striking ``the Department's increased investment in nanotechnology and the National Nanotechnology Initiative; and'' and inserting ``investments by the Department and other departments and agencies participating in the National Nanotechnology Initiative in nanotechnology research and development;''; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) oversee interagency coordination of the program with other departments and agencies participating in the National Nanotechnology Initiative, including providing appropriate funds to support the National Nanotechnology Coordination Office.''. (c) Program Activities.--Such section is further amended-- (1) by striking subsection (d); and (2) by adding at the end the following new subsection (d): ``(d) Activities.--Activities under the program shall include the following: ``(1) The development of a strategic plan for defense nanotechnology research and development that is integrated with the strategic plan for the National Nanotechnology Initiative. ``(2) The issuance on an annual basis of policy guidance to the military departments and the Defense Agencies that-- ``(A) establishes research priorities under the program; ``(B) provides for the determination and documentation of the benefits to the Department of Defense of research under the program; and ``(C) sets forth a clear strategy for transitioning the research into products needed by the Department. ``(3) Advocating for the transition of nanotechnologies in defense acquisition programs, including the development of nanomanufacturing capabilities and a nanotechnology defense industrial base.''. (d) Reports.--Such section is further amended by adding at the end the following new subsection: ``(e) Reports.--(1) Not later than March 1 of each of 2009, 2011, and 2013, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on the program. ``(2) Each report under paragraph (1) shall include the following: ``(A) A review of-- ``(i) the long-term challenges and specific technical goals of the program; and ``(ii) the progress made toward meeting such challenges and achieving such goals. ``(B) An assessment of current and proposed funding levels for the program, including an assessment of the adequacy of such funding levels to support program activities. ``(C) A review of the coordination of activities under the program within the Department of Defense, with other departments and agencies of the United States, and with the National Nanotechnology Initiative. ``(D) A review and analysis of the findings and recommendations relating to the Department of Defense of the most recent triennial external review of the National Nanotechnology Program under section 5 of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 1704), and a description of initiatives of the Department to implement such recommendations. ``(E) An assessment of technology transition from nanotechnology research and development to enhanced warfighting capabilities, including contributions from the Department of Defense Small Business Innovative Research and Small Business Technology Transfer Research programs, and the Department of Defense Manufacturing Technology program, and an identification of acquisition programs and deployed defense systems that are incorporating nanotechnologies. ``(F) An assessment of global nanotechnology research and development in areas of interest to the Department, including an identification of the use of nanotechnologies in any foreign defense systems. ``(G) An assessment of the defense nanotechnology manufacturing and industrial base and its capability to meet the near and far term requirements of the Department. ``(H) Such recommendations for additional activities under the program to meet emerging national security requirements as the Under Secretary considers appropriate. ``(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.''. (e) Comptroller General Report on Program.--Not later than March 31, 2010, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the assessment of the Comptroller General of the progress made by the Department of Defense in achieving the purposes of the defense nanotechnology research and development program required by section 246 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (as amended by this section).

Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 relating to the defense nanotechnology research and development program (program) to: (1) revise program purposes; (2) replace the Director of Defense Research and Engineering with the Under Secretary of Defense for Acquisition, Technology, and Logistics as program administrator; (3) outline program activities, including the development of a strategic plan for defense nanotechnology research and development that is integrated with the strategic plan for the National Nanotechnology Initiative; and (4) extend through 2011 program report requirements. Requires a report from the Comptroller General to the congressional defense and appropriations committees on progress made by the Department of Defense (DOD) in achieving program purposes.

A bill to enhance the defense nanotechnology research and development program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intellectual Property Protection Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is one of the most important laws available to United States businesses to deal with unfair practices in import trade and to enforce intellectual property rights against infringing imports. (2) On November 23, 1988, a panel of the General Agreement on Tariffs and Trade (hereafter in this Act referred to as ``GATT'') found section 337 to be in violation of United States obligations under the GATT, because certain procedures under section 337 did not provide national treatment for imported goods and because some aspects of the procedures were unnecessary for effective compliance with United States patent law. (3) On November 7, 1989, the United States allowed adoption of the GATT panel report on section 337, thereby assuming an obligation to reform section 337 to comply with its obligations under the GATT. (4) Because of the special difficulties in enforcing intellectual property rights against unfairly traded imports, special enforcement procedures that apply only to imports are necessary to effectively enforce intellectual property rights against infringing imports. (5) The GATT allows special enforcement procedures when such procedures are not less favorable than the procedures used against domestic products or such procedures are necessary to secure compliance with copyright, patent, trademark, and mask work registration protection laws or regulations. (6) To be effective, such enforcement procedures must establish administrative proceedings which can reach multiple parties in one forum, allow efficient foreign discovery, provide expeditious dispute resolution, and provide border enforcement by the United States Customs Service. (b) Purpose.--The purpose of this Act is to conform section 337 of the Tariff Act of 1930 and title 28 of the United States Code to the provisions of the GATT to ensure that section 337 procedures can reach multiple parties in one forum, allow efficient foreign discovery, provide expeditious dispute resolution even in the absence of a deadline for final determinations, and provide border enforcement of determinations. SEC. 3. AMENDMENT OF SECTION 337 OF THE TARIFF ACT OF 1930. (a) Investigation.--Section 337(b) of the Tariff Act of 1930 (19 U.S.C. 1337(b)) is amended-- (1) by striking ``; Time Limits'' in the heading; (2) in paragraph (1), by striking ``The Commission shall conclude any such investigation'' and all that follows through the end period and inserting the following: ``The Commission shall conclude any such investigation and make its determination under this section at the earliest practicable time after the date of publication of notice of such investigation. To promote expeditious adjudication, the Commission shall, within 30 days of the initiation of an investigation, establish a target date for its final determination.''; and (3) by striking the fifth sentence in paragraph (3). (b) Determination; Review.--Section 337(c) of such Act is amended-- (1) by striking ``a settlement agreement'' in the first sentence and inserting ``an agreement between the parties''; (2) by striking ``subsection (d) or (e)'' in the second sentence and inserting ``subsection (d), (e), or (f) (and each declaration under subsection (o))''; and (3) by striking ``(f), or (g)'' in the fourth sentence and inserting ``(f), (g), or (o)''. (c) Exclusion of Articles From Entry.--Section 337(d) of such Act is amended by inserting after the first sentence the following new sentence: ``No article shall be excluded from entry where the Commission determines that the owner, importer, or consignee of the article has established a sufficient counterclaim directly related to the unfair methods or acts determined by the Commission to exist.''. (d) Entry Under Bond.--Section 337(e) of such Act is amended-- (1) in the last sentence of paragraph (1), by striking ``determined by the Commission'' and all that follows through the end period and inserting: ``prescribed by the Secretary in an amount determined by the Commission to be sufficient to protect the complainant from any injury. If the Commission later determines that the respondent has violated the provisions of this section, the bond may be forfeited to the complainant.''; (2) by adding at the end of paragraph (2), the following new sentence: ``If the Commission later determines that the respondent has not violated the provisions of this section, the bond may be forfeited to the respondent.''; and (3) by adding at the end thereof the following new paragraph: ``(4) The Commission may prescribe the terms and conditions under which bonds may be forfeited under paragraphs (1) and (2).''. (e) Cease and Desist Orders.--Section 337(f)(1) of such Act is amended-- (1) by inserting after the first sentence the following new sentence: ``A permanent cease and desist order shall not be issued if the Commission determines that the owner, importer, or consignee of the article has established a sufficient counterclaim directly related to the unfair methods or acts determined by the Commission to exist.''; and (2) by adding at the end thereof the following: ``If a temporary cease and desist order is issued in addition to, or, in lieu of, an exclusion order under subsection (e), the Commission may require the complainant to post a bond as a prerequisite to the issuance of an order under this subsection. If the Commission later determines that the respondent has not violated the provisions of this section, the bond may be forfeited to the respondent. The Commission may prescribe the terms and conditions under which bonds may be forfeited under this paragraph.''. (f) Conditions Applicable for General Exclusion Orders.--Section 337(g) of such Act is amended by adding at the end thereof the following new paragraph: ``(3) The authority of the Commission to issue an exclusion from entry of articles shall be limited to persons determined by the Commission to be violating this section unless the Commission determines that-- ``(A) a general exclusion from entry of articles is necessary to prevent circumvention of an exclusion from entry limited to such persons; or ``(B) there is a pattern of violation of this section and it is difficult to identify the persons responsible.''. (g) Entry Under Bond After Referral to President.--Section 337(j)(3) of such Act is amended by striking ``shall be entitled to entry under bond'' and all that follows through the end period and inserting ``shall, until such determination becomes final, be entitled to entry under bond prescribed by the Secretary in an amount determined by the Commission to be sufficient to protect the complainant from injury. If the determination becomes final, the bond may be forfeited to the complainant. The Commission may prescribe the terms and conditions under which bonds may be forfeited under this paragraph.''. (h) Declaratory Relief.--Section 337 of such Act is amended by adding at the end thereof the following new subsection: ``(o) Complaint for Declaratory Relief by Owner, Importer, or Consignee.--In a case of actual controversy as to the existence of unfair methods of competition and unfair acts described in subsection (a), upon the filing of a complaint for declaratory relief under oath by the owner, importer, or consignee of an imported article (or part thereof), the Commission may declare the rights and other legal relations of the parties, whether or not further relief is or could be sought. A declaration made under this subsection shall have the force and effect of a final determination of the Commission and shall be reviewable as such. In the case of unfair acts involving the validity of patents as described in subsection (a)(1)(B), such a declaration shall be only for the purpose of determining whether there is a violation of this section and shall not have the effect of claim or issue preclusion.''. SEC. 4. AMENDMENT OF TITLE 28, UNITED STATES CODE. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end thereof the following new section: ``Sec. 1659. Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission ``(a) Stay.--In a civil action involving parties that are also parties to a proceeding before the United States International Trade Commission pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), at the request of a party that is a respondent in the proceeding before the Commission (other than a respondent to a counterclaim in a proceeding for declaratory relief), a district court shall stay, until the determination of the Commission becomes final, proceedings in the civil action with respect to any claim that involves the same issues involved in the proceeding before the Commission. ``(b) Use of Commission Record.--After dissolution of a stay under subsection (a), portions of the record of the proceeding before the United States International Trade Commission that bear on issues in a civil action shall be admissible in the civil action, subject to such protective order as the district court determines necessary and to the extent permitted under the Federal Rules of Evidence and the Federal Rules of Civil Procedure.''. (b) Clerical Amendment.--The chapter analysis for chapter 111 of title 28, United States Code, is amended by adding at the end the following new item: ``1659. Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act apply to complaints filed and investigations initiated under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) after the date of the enactment of this Act.

Intellectual Property Protection Act of 1993 - Amends the Tariff Act of 1930 to require the International Trade Commission (ITC) to conclude at the earliest practicable time (currently, at the earliest practicable time, but not later than one year, or 18 months in more complicated cases) any investigation and make its determination with respect to unfair trade practices in the importation of articles into the United States or the infringement of intellectual property rights by an importer or foreign country. Requires the ITC, in order to promote expeditious adjudication, to establish a target date for its final determination. Prohibits the exclusion of such articles from entry, or issuance of a permanent cease and desist order, where the ITC determines that an importer has established a sufficient counterclaim related to the unfair trade practice. Authorizes the forfeiture of bonds posted by an importer if, after investigation, the ITC determines that it has committed a violation. Sets forth provisions with respect to the exclusion of such articles from entry and their entry under bond after the referral of an ITC violation determination to the President. Authorizes the ITC, upon an importer's filing under oath of a complaint for declaratory relief, to declare the rights and other legal relations of the parties, whether or not further relief is or could be sought, in cases of actual controversy as to the existence of unfair methods of competition and unfair acts. Amends Federal law to require a district court, at a respondent's request, to stay civil actions before it that involve the same parties and claims that are also before the ITC until the ITC's determination becomes final.

Intellectual Property Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Freedom for Seniors Act''. SEC. 2. TRANSFER OF REQUIRED MINIMUM DISTRIBUTION FROM RETIREMENT PLAN TO HEALTH SAVINGS ACCOUNT. (a) Transfer From Retirement Plan.-- (1) Individual retirement accounts.--Section 408(d) of such Code is amended by adding at the end the following new paragraph: ``(10) Required minimum distribution transferred to health savings account.-- ``(A) In general.--In the case of an individual who has attained the age of 70\1/2\ and who elects the application of this paragraph for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. ``(B) Qualified hsa transfer.--For purposes of this paragraph, the term `qualified HSA transfer' means any distribution from an individual retirement plan-- ``(i) to a health savings account of the individual in a direct trustee-to-trustee transfer, ``(ii) to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. ``(C) Application of section 72.--Notwithstanding section 72, in determining the extent to which an amount is treated as a distribution for purposes of paragraph (1), the entire amount of the distribution shall be treated as includible in gross income without regard to paragraph (1) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all individual retirement plans of the individual were distributed during such taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(D) Coordination.--An election may not be made under subparagraph (A) for a taxable year for which an election is in effect under paragraph (9).''. (2) Other retirement plans.--Section 402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(m) Required Minimum Distribution Transferred to Health Savings Account.-- ``(1) In general.--In the case of an individual who has attained the age of 70\1/2\ and who elects the application of this subsection for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. ``(2) Qualified hsa transfer.--For purposes of this subsection, the term `qualified HSA transfer' means any distribution from an retirement plan-- ``(A) to a health savings account of the individual in a direct trustee-to-trustee transfer, ``(B) to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. ``(3) Application of section 72.--Notwithstanding section 72, in determining the extent to which an amount is treated as a distribution for purposes of paragraph (1), the entire amount of the distribution shall be treated as includible in gross income without regard to paragraph (1) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all eligible retirement plans of the individual were distributed during such taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(4) Eligible retirement plan.--For purposes of this subsection, the term `eligible retirement plan' has the meaning given such term by subsection (c)(8)(B) (determined without regard to clauses (i) and (ii) thereof).''. (b) Transfer to Health Savings Account.-- (1) In general.--Subparagraph (A) of section 223(d)(1) of such Code is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii)(II) and inserting ``, or'', and by adding at the end the following new clause: ``(iii) unless it is in a qualified HSA transfer described in section 408(d)(10) or 402(m).''. (2) Excise tax inapplicable to qualified hsa transfer.-- Paragraph (1) of section 4973(g) of such Code is amended by inserting ``or in a qualified HSA transfer described in section 408(d)(10) or 402(m)'' after ``or 223(f)(5)''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act, in taxable years ending after such date.

Health Freedom for Seniors Act - Amends the Internal Revenue Code to allow tax-free transfers of required distributions after age 70 1/2 from an individual retirement account (IRA) and other tax-exempt retirement accounts to a health savings account.  Exempts such transfers from the excise tax on excess contributions to tax-favored accounts and annuities.

Health Freedom for Seniors Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Old Mint Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Granite Lady played an important role in the history of the Nation. (2) The San Francisco Mint was established pursuant to an Act of Congress of July 3, 1852, to convert miners' gold from the California gold rush into coins. (3) The San Francisco Old Mint Building was designed by architect A.B. Mullett, who also designed the United States Treasury Building and the Old Executive Office Building. (4) The solid construction of the Granite Lady enabled it to survive the 1906 San Francisco earthquake and fire, making it the only financial institution that was able to operate immediately after the earthquake as the treasury for disaster relief funds for the city of San Francisco. (5) Coins struck at the San Francisco Old Mint are distinguished by the ``S'' mint mark. (6) The San Francisco Old Mint is famous for having struck many rare, legendary issues, such as the 1870-S $3 coin, which is valued today at well over $1,000,000, and the 1894-S dime which is comparatively rare. (7) The San Francisco Old Mint Commemorative Coin will be the first commemorative coin to honor a United States mint facility. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--Notwithstanding any other provision of law, and in commemoration of the San Francisco Old Mint, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (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 San Francisco Old Mint Building, its importance to California and the history of the United States, and its role in rebuilding San Francisco after the 1906 earthquake and fire. (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 ``2006''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Commission of Fine Arts, and the Board of the San Francisco Museum and Historical Society; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--The coins authorized under this Act shall be struck at the San Francisco Mint, to the greatest extent possible. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2006. 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 as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 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 San Francisco Museum and Historical Society for the purposes of rehabilitating the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum. (c) Audits.--The San Francisco Museum and Historical Society 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).

San Francisco Old Mint Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins emblematic of the San Francisco Old Mint Building, its importance to California and U.S. history, and its role in rebuilding San Francisco after the 1906 earthquake and fire. Requires that all surcharges received by the Secretary from such coin sales be promptly paid to the San Francisco Museum and Historical Society to rehabilitate the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the Old Mint at San Francisco otherwise known as the "Granite Lady", and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Unfair Giveaways and Restrictions Act of 2011'' or ``SUGAR Act of 2011''. SEC. 2. SUGAR PROGRAM. (a) In General.--Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is amended-- (1) in subsection (d), by striking paragraph (1) and inserting the following: ``(1) Loans.--The Secretary shall carry out this section through the use of recourse loans.''; (2) by redesignating subsection (i) as subsection (j); (3) by inserting after subsection (h) the following: ``(i) Phased Reduction of Loan Rate.--For each of the 2012, 2013, and 2014 crops of sugar beets and sugarcane, the Secretary shall lower the loan rate for each succeeding crop in a manner that progressively and uniformly lowers the loan rate for sugar beets and sugarcane to $0 for the 2015 crop.''; and (4) in subsection (j) (as redesignated), by striking ``2012'' and inserting ``2014''. (b) Prospective Repeal.--Effective beginning with the 2015 crop of sugar beets and sugarcane, section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is repealed. SEC. 3. ELIMINATION OF SUGAR PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAMS. (a) In General.--Notwithstanding any other provision of law-- (1) a processor of any of the 2015 or subsequent crops of sugarcane or sugar beets shall not be eligible for a loan under any provision of law with respect to the crop; and (2) the Secretary of Agriculture may not make price support available, whether in the form of a loan, payment, purchase, or other operation, for any of the 2015 and subsequent crops of sugar beets and sugarcane by using the funds of the Commodity Credit Corporation or other funds available to the Secretary. (b) Termination of Marketing Quotas and Allotments.-- (1) In general.--Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is repealed. (2) Conforming amendment.--Section 344(f)(2) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is amended by striking ``sugar cane for sugar, sugar beets for sugar,''. (c) General Powers.-- (1) Section 32 activities.--Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), is amended in the second sentence of the first paragraph-- (A) in paragraph (1), by inserting ``(other than sugar beets and sugarcane)'' after ``commodities''; and (B) in paragraph (3), by inserting ``(other than sugar beets and sugarcane)'' after ``commodity''. (2) Powers of commodity credit corporation.--Section 5(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(a)) is amended by inserting ``, sugar beets, and sugarcane'' after ``tobacco''. (3) Price support for nonbasic agricultural commodities.-- Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking ``milk, sugar beets, and sugarcane'' and inserting ``, and milk''. (4) Commodity credit corporation storage payments.--Section 167 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7287) is repealed. (5) Suspension and repeal of permanent price support authority.--Section 171(a)(1) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is amended-- (A) by striking subparagraph (E); and (B) by redesignating subparagraphs (F) through (I) as subparagraphs (E) through (H), respectively. (6) Storage facility loans.--Section 1402(c) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7971) is repealed. (7) Feedstock flexibility program for bioenergy producers.--Effective beginning with the 2013 crop of sugar beets and sugarcane, section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed. (d) Transition Provisions.--This section and the amendments made by this section shall not affect the liability of any person under any provision of law as in effect before the application of this section and the amendments made by this section. SEC. 4. TARIFF-RATE QUOTAS. (a) Establishment.--Except as provided in subsection (c) and notwithstanding any other provision of law, not later than October 1, 2011, the Secretary of Agriculture shall develop and implement a program to increase the tariff-rate quotas for raw cane sugar and refined sugars for a quota year in a manner that ensures-- (1) a robust and competitive sugar processing industry in the United States; and (2) an adequate supply of sugar at reasonable prices in the United States. (b) Factors.--In determining the tariff-rate quotas necessary to satisfy the requirements of subsection (a), the Secretary shall consider the following: (1) The quantity and quality of sugar that will be subject to human consumption in the United States during the quota year. (2) The quantity and quality of sugar that will be available from domestic processing of sugarcane, sugar beets, and in-process beet sugar. (3) The quantity of sugar that would provide for reasonable carryover stocks. (4) The quantity of sugar that will be available from carryover stocks for human consumption in the United States during the quota year. (5) Consistency with the obligations of the United States under international agreements. (c) Exemption.--Subsection (a) shall not include specialty sugar. (d) Definitions.--In this section, the terms ``quota year'' and ``human consumption'' have the meaning such terms had under section 359k of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) (as in effect on the day before the date of the enactment of this Act). SEC. 5. APPLICATION. Except as otherwise provided in this Act, this Act and the amendments made by this Act shall apply beginning with the 2012 crop of sugar beets and sugarcane.

Stop Unfair Giveaways and Restrictions Act of 2011 or SUGAR Act of 2011 - Eliminates nonrecourse support loans for sugar producers. Lowers sugarcane and sugar beet loans rates each year from 2012-2014 until they are $0 for the 2015 crop. Eliminates: (1) sugar price supports and sugar processor loans as of 2015, and (2) sugar marketing quotas and allotments. Eliminates: (1) Commodity Credit Corporation (CCC) forfeited sugar storage payments, (2) sugar processor storage facility loans, and (3) the feedstock flexibility program for bioenergy producers as of the 2013 sugar beet crop year. Directs the Secretary of Agriculture (USDA) to implement a program to increase the tariff-rate quotas for raw cane sugar and refined sugars that ensures a competitive U.S. sugar processing industry and an adequate supply of reasonably priced sugar in the United States.

A bill to phase out the Federal sugar program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) State.--The term ``State'' means the Texas Water Development Board and any other authorized entity of the State of Texas. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner. (3) Commissioner.--The term ``Commissioner'' means the Commissioner of the Bureau of Reclamation. (4) Counties.--The term ``counties'' means the following counties in the State of Texas: Cameron, Hidalgo, Starr, Willacy, Jim Hogg, Zapata, Webb, Maverick, Val Verde, Kinney, Terrell, Brewster, Presidio, Jeff Davis, Hudspeth, and El Paso. SEC. 3. FINDINGS. The Congress finds the following: (1) Drought conditions over the last decade have made citizens of the Lower Rio Grande Valley region of Texas aware of the significant impacts a dwindling water supply can have on a region. (2) As a result of the impacts, that region has devised an integrated water resource plan to meet the critical water needs of the Lower Rio Grande Valley through the end of the year 2050. (3) Implementation of an integrated water resource plan to meet the critical water needs of the Lower Rio Grande Valley is in the national interest. (4) The Congress should authorize and provide Federal, technical, and financial assistance to construct improved irrigation canal delivery systems, implement an aggressive water conservation program, and improve water management to help meet the critical water needs of the Lower Rio Grande Valley through the end of the year 2050. SEC. 4. LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT PROGRAM. (a) In General.--The Secretary, in cooperation with the Secretary of Agriculture, shall undertake a program to improve the supply of water for the counties through the following activities: (1) In cooperation with the State, water users in the counties, and other non-Federal entities, conduct feasibility studies, engineering work, and infrastructure construction and improvements for the purpose of transporting raw water, including the following: (A) Irrigation canals. (B) Pipelines. (C) Flow control structures. (D) Meters. (E) All associated appurtenances. (2) In cooperation with the Secretary of Agriculture, the State, water users in the counties, and other non-Federal entities, enhance water conservation in the counties through the installation of on-farm water application metering. (3) In cooperation with the Secretary of Agriculture, the State, and other non-Federal entities, enhance water conservation including on-farm installation of gated and poly- pipe. (4) In cooperation with the Secretary of Agriculture, the State, water users in the counties, and other non-Federal entities including institutions of higher education-- (A) develop educational programs and implement on- farm training in the use and application of state-of- the-art water application and conservation techniques; and (B) provide educational information regarding use and application of such techniques to the Commissioners of the International Boundary and Water Commission. (b) Project Eligibility Requirements.--A project shall not be eligible to be implemented under this section unless-- (1) the project plan shows an estimate of the amount of water that will be conserved as a result of the project; and (2) the design for the project includes a cost-of-project- to-water-developed ratio statement. (c) Determination of Project Eligibility.--The responsibility for determining project eligibility under subsection (b) shall be carried out by the State in consultation with the Commissioner. SEC. 5. COST SHARING. The non-Federal share of the costs of any activity carried out under, or with assistance provided under, this Act shall be 40 percent of such costs. Not more than 30 percent of the costs of such an activity may be paid by the State. Provision of the remainder of the non-Federal share may include in-kind contributions of goods and services. SEC. 6. STUDIES. (a) Alternative Water Supply Options.-- (1) Study and recommendations.--The Secretary, in cooperation with the Secretary of Agriculture, counties, and other non-Federal entities, shall-- (A) assess alternative water supply options for the Counties of Maverick, Kinney, Edwards, Val Verde, Terrell, Brewster, Presidio, Jeff Davis, Hudspeth, and El Paso, Texas, for the purpose of alleviating water supply shortages and project water demands; and (B) submit recommendations to the Congress regarding such alternatives. (2) Emphasis on conservation measures.--Recommendations under subsection (a) shall emphasize water management actions that encourage the incorporation, by the counties referred to in paragraph (1)(A) and irrigation districts in those counties, of prudent and responsible water conservation measures to the extent such measures are shown to be economically feasible. (b) Wastewater Reuse.--The Secretary, in cooperation with the Secretary of Agriculture, the counties referred to in paragraph (1)(A), the State, and other non-Federal entities, shall assess the feasibility of wastewater reuse for irrigation and groundwater recharge and other nonpotable purposes. (c) Cost Sharing.-- (1) In general.--The Federal share of the cost of any activity under this section shall not exceed 50 percent. (2) Agreement.--The Secretary may not carry out any activity under this section except under an agreement with a non-Federal entity that has legal authority under the laws of the State to obligate funds or provide in-kind services for such activity, under which the non-Federal entity is obligated to provide the non-Federal share of the cost of the activity. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act $65,200,000.

Requires the Secretary, acting through the Commissioner and in cooperation with the Secretary of Agriculture, the counties, and other non-Federal entities, to: (1) assess alternative water supply options for the counties of Maverick, Kinney, Edwards, Val Verde, Terrell, Brewster, Presidio, Jeff Davis, Hudspeth, and El Paso for alleviating water supply shortages and project water demands; and (2) submit recommendations to Congress regarding such alternatives which shall emphasize water management actions that encourage the incorporation of prudent, responsible, and economically feasible water conservation measures. Requires the Secretary to assess the feasibility of wastewater reuse for irrigation and groundwater recharge and other nonpotable purposes. Limits the Federal share of the cost of any such activity to 50 percent. Prohibits the Secretary from carrying out any activity except under an agreement with a non- Federal entity that has legal authority under the laws of the State to obligate funds or provide in- kind services for such activity, under which the non-Federal entity is obligated to provide the non-Federal share of the cost of the activity. Authorizes appropriations.

Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle Class Jobs Protection Act of 2008''. SEC. 2. REDUCTION IN CORPORATE MARGINAL INCOME TAX RATES. (a) General Rule.--Paragraph (1) of section 11(b) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``and'' at the end of subparagraph (A), (2) by striking ``but does not exceed $75,000,'' in subparagraph (B) and inserting a period, (3) by striking subparagraphs (C) and (D), and (4) by striking the last 2 sentences. (b) Personal Service Corporations.--Paragraph (2) of section 11(b) of such Code is amended by striking ``35 percent'' and inserting ``25 percent''. (c) Conforming Amendments.--Paragraphs (1) and (2) of section 1445(e) of such Code are each amended by striking ``35 percent'' and inserting ``25 percent''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act, except that the amendments made by subsection (c) shall take effect on such date. SEC. 3. TEMPORARY INCREASE IN LIMITATION ON EXPENSING CERTAIN DEPRECIABLE BUSINESS ASSETS. (a) Dollar Limitation.--Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 (relating to limitations) is amended by striking ``$125,000 in the case of taxable years beginning after 2006 and before 2011'' and inserting ``$125,000 in the case of taxable years beginning in 2007 or 2010 and $250,000 in the case of taxable years beginning in 2008 or 2009''. (b) Reduction in Limitation.--Paragraph (2) of section 179(b) of such Code (relating to limitations) is amended by striking ``$500,000 in the case of taxable years beginning after 2006 and before 2011'' and inserting ``$500,000 in the case of taxable years beginning in 2007 or 2010 and $1,000,000 in the case of taxable years beginning in 2008 or 2009''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. 50 PERCENT ALLOWANCE FOR DEPRECIATION FOR CERTAIN PROPERTY ACQUIRED DURING 2008 AND 2009. (a) In General.--Paragraph (4) of section 168(k) of the Internal Revenue Code of 1986 (relating to 50-percent bonus for certain property) is amended-- (1) by striking ``May 5, 2003'' each place it appears and inserting ``December 31, 2007'', (2) by striking ``January 1, 2005'' each place it appears and inserting ``January 1, 2010'', (3) by striking ``May 6, 2003'' in subparagraph (B)(ii)(I) and inserting ``January 1, 2008'', (4) by striking ``January 1, 2006'' in subparagraph (B)(iii) and inserting ``January 1, 2011'', and (5) by striking ``of 30-percent bonus'' in the heading for subparagraph (E). (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to property placed in service in taxable years beginning after December 31, 2007. (2) Exception for certain property.--The amendments made by this section shall not apply to any property to which section 105 of the Gulf Opportunity Zone Act of 2005 applies. SEC. 5. 5-YEAR CARRYBACK FOR CERTAIN NET OPERATING LOSSES. (a) In General.--Subsection (H) of section 172(b)(1) of the Internal Revenue Code of 1986 is amended by inserting ``or beginning during 2008 or 2009,'' after ``2002''. (b) Effective Date.--The amendments made by this section shall apply to net operating losses for taxable years beginning after December 31, 2007. SEC. 6. 3-YEAR CARRYBACK FOR CERTAIN CREDITS. (a) General Business Credit.--Subsection (a) of section 39 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Special rule for 2008 and 2009.--In the case of an excess described in paragraph (1) arising in a taxable year beginning in 2008 or 2009-- ``(A) paragraph (1)(A) shall be applied by substituting `3 taxable years' for `taxable year', ``(B) paragraph (2)(A) shall be applied by substituting `24 taxable years' for `21 taxable years', and ``(C) paragraph (2)(B) shall be applied by substituting `23 taxable years' for `20 taxable years'.''. (b) Foreign Tax Credit.--Section 904(c) of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following: ``In the case of taxable years beginning in 2008 or 2009, the first sentence of this subsection shall, at the election of the taxpayer, be applied by substituting `any of the three preceding taxable years' for `the first preceding taxable year'.''. (c) Effective Date.--The amendments made by this section shall apply to credits arising in taxable years beginning after December 31, 2007.

Middle Class Jobs Protection Act of 2008 - Amends the Internal Revenue Code to: (1) reduce the maximum corporate income tax rate to 25%; (2) increase the expensing allowance for depreciable business assets to $250,000 in 2008 and 2009; (3) increase to 50% the current year bonus depreciation allowance for certain property placed in service in 2008 and 2009; and (4) allow additional carrybacks for certain net operating losses and for excess business and foreign tax credit amounts arising in 2008 and 2009.

To amend the Internal Revenue Code of 1986 to reduce corporate marginal income tax rates, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Nursing Home Fire Safety Act of 2004''. (b) Findings.--Congress finds the following: (1) On February 26, 2003, a fire at a Hartford, Connecticut, nursing facility without an automatic fire sprinkler system claimed the lives of 16 patients. (2) On September 27, 2003, a fire at a Nashville, Tennessee, nursing facility without an automatic fire sprinkler system claimed the lives of 15 patients. (3) The National Fire Protection Association finds no record of a multiple death fire in a nursing facility equipped with an automatic fire sprinkler system. (4) An estimated 1.5 million of the nation's elderly population reside in nursing facilities. (5) The Centers for Medicare and Medicaid Services estimates that of the approximate 17,000 nursing facilities nationwide, about 25 percent do not have an automatic fire sprinkler system. (6) Many State governments lack requirements for their nursing facilities that were not originally equipped with automatic fire sprinkler systems to be retrofitted with such systems. (7) Automatic fire sprinkler systems greatly improve the chances of survival for older adults in the event of a fire. SEC. 2. REQUIRING AUTOMATIC FIRE SPRINKLER SYSTEMS IN MEDICARE AND MEDICAID FUNDED NURSING FACILITIES. (a) Requirement for Medicare Skilled Nursing Facilities.-- (1) In general.--Section 1819(d)(2) of the Social Security Act (42 U.S.C. 1395i-3(d)(2)) is amended-- (A) in subparagraph (B), by inserting ``, subject to subparagraph (C)'' after ``except that''; and (B) by adding at the end the following new subparagraph: ``(C) Automatic fire sprinkler system.-- ``(i) In general.--A skilled nursing facility shall be equipped with an operational automatic fire sprinkler system that meets the requirements for such a system under the National Fire Protection Association's Standard for the Installation of Sprinkler Systems (1999 edition), or, at the option of a facility, such later edition of standard as the Secretary may recognize. ``(ii) Period for compliance and disclosure of compliance for current facilities.--In the case of a skilled nursing facility that is providing extended care services for which payment is made under this title as of the date of the enactment of this subparagraph and that was not in compliance with the requirement of clause (i) as of such date-- ``(I) the requirement of clause (i) shall not apply until such date, not earlier than 3 years and not later than 5 years after the date of the enactment of this subparagraph, as the Secretary shall specify; and ``(II) the facility shall provide for public disclosure, in a form and manner specified by the Secretary, of whether the facility is in compliance with the standard described in clause (i). ``(iii) Treatment of earlier state deadline.--Nothing in clause (ii)(I) shall be construed to prevent a State from establishing a deadline for the installation of automatic fire sprinkler systems for skilled nursing facilities that is earlier than the deadline specified by the Secretary under such clause.''. (2) Reimbursement of additional costs.--Section 1888(e) of such Act (42 U.S.C. 1395yy(e)) is amended-- (A) in paragraph (1) by striking ``and (12)'' and inserting ``(12), and (13)''; and (B) by adding at the end the following new paragraph: ``(13) Additional amount to amortize for costs of installing automatic fire sprinkler system.-- ``(A) In general.--In the case of a skilled nursing facility that, as of a date that is on or after September 11, 2003, is participating in the program under this title, is not participating in the program under title XIX, and does not have installed an automatic fire sprinkler system that met the requirements described in section 1819(d)(2)(C), and which subsequently incurs expenses in order to meet such requirements, in addition to any other payments made to the facility under this subsection, there shall be paid, in an amortized manner over a five year period, an amount equal to the reasonable amount incurred by the facility in meeting such requirements, less the amount of any payment made before October 1, 2004, under this title or title XIX that is directly attributable (such as through depreciation) to such expenses. Such payments shall be made by the Secretary in such form and manner as the Secretary shall specify and based upon the presentation of such information as the Secretary requires. ``(B) No effect on other payments.--The additional payment under subparagraph (A) shall not affect the amount of any other payment made under this subsection and the incurred expenses described in subparagraph (A) shall not be taken into account in making any other payments to a facility under this title.''. (b) Requirement for Medicaid Nursing Facilities.-- (1) In general.--Section 1919(d)(2) of the Social Security Act (42 U.S.C. 1396r(d)(2)) is amended-- (A) in subparagraph (B), by inserting ``, subject to subparagraph (C)'' after ``except that''; and (B) by adding at the end the following new subparagraph: ``(C) Automatic fire sprinkler system.-- ``(i) In general.--A nursing facility shall be equipped with an operational automatic fire sprinkler system that meets the requirements for such a system under the National Fire Protection Association's Standard for the Installation of Sprinkler Systems (1999 edition), or, at the option of a facility, such later edition of standard as the Secretary may recognize. ``(ii) Period for compliance and disclosure of compliance for current facilities.--In the case of a nursing facility that is providing nursing facility services for which payment is made under this title as of the date of the enactment of this subparagraph and that was not in compliance with the requirement of clause (i) as of such date-- ``(I) the requirement of clause (i) shall not apply until such date, not earlier than 3 years and not later than 5 years after the date of the enactment of this subparagraph, as the Secretary shall specify; and ``(II) the facility shall provide for public disclosure, in a form and manner specified by the Secretary, of whether the facility is in compliance with the standard described in clause (i). ``(iii) Treatment of earlier state deadline.--Nothing in clause (ii)(I) shall be construed to prevent a State from establishing a deadline for the installation of automatic fire sprinkler systems for nursing facilities that is earlier than the deadline specified by the Secretary under such clause.''. (2) Reimbursement of additional costs.--Section 1902(a)(13)(A) of such Act (42 U.S.C. 1396a(a)(13)(A)) is amended-- (A) by striking ``and'' at the end of clause (iii); (B) by striking ``; and'' at the end of clause (iv) and inserting ``, and''; and (C) by adding at the end the following new clause: ``(v) in the case of nursing facility services furnished by a nursing facility that, as of a date that is on or after September 11, 2003, is participating in the program under this title but does not have installed an automatic fire sprinkler system that met the requirements described in section 1919(d)(2)(C), and that subsequently incurs expenses in order to meet such requirements, such rates shall provide for the payment, in an amortized manner over a five year period and in addition to the payment amounts otherwise provided, of an amount equal to the reasonable amount incurred by the facility in meeting such requirements, less the payment amounts under this title or title XVIII made before October 1, 2004, that are directly attributable (such as through depreciation) to such expenses, and the payment rates otherwise provided shall not take into account such costs incurred in meeting such requirements; and''. (3) Full federal payment.-- (A) In general.--The third sentence of section 1905 of such Act (42 U.S.C. 1396d) is amended by inserting before the period at the end the following: ``and with respect to amounts expended as medical assistance in providing the payment amounts required under section 1902(a)(13)(A)(v)''. (B) Conforming amendment to apply to territories.-- Section 1108 of such Act (42 U.S.C. 1308) is amended-- (i) in subsection (f), by striking ``subsection (g)'' and inserting ``subsections (g) and (h)''; and (ii) by adding at the end the following new subsection: ``(h) Exception for Payment for Automatic Fire Sprinkler Systems.-- The limitations on payments under subsection (f) shall not apply to payments that are attributable to payments for medical assistance for expenditures made under section 1902(a)(13)(A)(v).''. (c) Reduction in Tax Basis.--Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) in the case of property with respect to which any payment is made under section 1888(e)(13) or 1902(a)(13)(A)(v) of the Social Security Act, by reducing the basis of such property by the amount of such payment.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, except that the amendments made by subsections (a)(2) and (b)(2) shall apply to payments to facilities for periods beginning on or after October 1, 2004, regardless of whether the payments are for expenses incurred before, on, or after such date.

Nursing Home Fire Safety Act of 2004 - Amends title XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require automatic fire sprinkler systems in all Medicare and Medicaid funded nursing facilities and provide for reimbursement of the additional costs incurred with respect to installing such systems.

To amend titles XVIII and XIX of the Social Security Act to require automatic fire sprinkler systems in all nursing facilities participating in the Medicare or Medicaid Programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End the Lame Duck Act''. SEC. 2. MANDATORY SINE DIE ADJOURNMENT AFTER GENERAL ELECTION DATE. (a) Mandatory Sine Die Adjournment.--Except as provided in subsection (b), if the House of Representatives stands adjourned on the date of the regularly scheduled general election for Federal office during a Congress (beginning with the One Hundred Tenth Congress) pursuant to a concurrent resolution providing for the adjournment of the House, the House shall be considered to be adjourned sine die. (b) Permitting Reassembly in Case of National Emergency.--After the date described in subsection (a), the Speaker of the House of Representatives and the Majority Leader of the Senate, or their respective designees, acting jointly after consultation with the Minority Leader of the House and the Minority Leader of the Senate, may notify the Members of the House and Senate, respectively, to reassemble if they determine that the existence of a national emergency warrants it. SEC. 3. AUTOMATIC CONTINUING APPROPRIATIONS. (a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Continuing appropriations ``(a)(1) If any regular appropriation bill for a fiscal year does not become law before the date of the regularly scheduled general election for Federal office held during such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(A) the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year; ``(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year; ``(C) the rate of operations provided for in the regular appropriation bill as passed by the House of Representatives or the Senate for the fiscal year in question, except that the lower of these two versions shall be ignored for any project or activity for which there is a budget request if no funding is provided for that project or activity in either version; or ``(D) the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be; or ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such project or activity for such period becomes law. ``(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(f) For purposes of this section, the term `regular appropriation bill' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(1) Agriculture, Rural Development, Food and Drug Administration, and Related Agencies. ``(2) Commerce, Justice, Science, and Related Agencies. ``(3) Department of Defense. ``(4) Energy and Water Development and Related Agencies. ``(5) Financial Services and General Government. ``(6) Department of Homeland Security. ``(7) Department of the Interior, Environment, and Related Agencies. ``(8) Departments of Labor, Health and Human Services, Education, and Related Agencies. ``(9) Legislative Branch. ``(10) Military Construction and Veterans' Affairs. ``(11) Department of State, Foreign Operations, and Related Programs. ``(12) Transportation, Housing and Urban Development, and Related Agencies.''. (b) Clerical Amendment.--The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing Appropriations.''. (c) Effective Date.--The amendments made by this section shall apply to fiscal years beginning after September 30, 2010.

End the Lame Duck Act - Considers the House of Representatives to be adjourned sine die if it stands adjourned on the date of the regularly scheduled general election for federal office during a Congress (beginning with the 110th Congress) pursuant to a concurrent resolution providing for the adjournment of the House. Authorizes the Speaker of the House and the Majority Leader of the Senate, or their respective designees, acting jointly after consultation with the Minority Leaders of both chambers, to notify the Members of the House and Senate to reassemble if they determine that the existence of a national emergency warrants it. Provides for automatic continuing appropriations if a regular appropriation bill for a fiscal year does not become law before the date of the regularly scheduled general election for federal office held during such fiscal year.

To deem any adjournment of the House of Representatives which is in effect on the date of the regularly scheduled general election for Federal office held during a Congress to be adjournment sine die, and to amend title 31, United States Code, to provide for automatic continuing appropriations if a regular appropriation bill for a fiscal year does not become law before the date of the regularly scheduled general election for Federal office held during such fiscal year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Gun Homicide Prevention Act of 2015''. SEC. 2. GRANT PROGRAM REGARDING FIREARMS. (a) Grant Program.-- (1) Authority to make grants.--The Director of the Office of Community Oriented Policing Services of the Department of Justice may make grants to eligible States to assist the State in carrying out the policies, procedures, protocols, laws, or regulations described in subsection (b). (2) Eligible state.--A State shall be eligible to receive grants under this subsection on and after the date on which the Attorney General determines that the State has in effect policies, procedures, protocols, laws, or regulations described in subsection (b). (3) Use of funds.--Funds awarded under this section may be used by a State to assist law enforcement agencies or the courts of the State in carrying out the policies, procedures, protocols, laws, or regulations described in subsection (b). (4) Application.--An eligible State desiring a grant under this section shall submit to the Director of the Office of Community Oriented Policing Services an application at such time, in such manner, and containing or accompanied by such information, as the Director may reasonably require. (b) State Policies and Procedures.--The policies, procedures, protocols, laws, or regulations described in this subsection are policies, procedures, protocols, laws, or regulations relating to the possession or transfer of firearms or ammunition (as those terms are defined in section 921 of title 18, United States Code) that-- (1) impose restrictions and penalties substantially similar to or more comprehensive than those described in paragraphs (8) and (9) of subsection (d) and paragraphs (8) and (9) of subsection (g) of section 922 of title 18, United States Code; (2) requires the seizure or surrender of all firearms and ammunition from an individual-- (A) convicted of any crime for which the restrictions or penalties described in paragraph (1) apply; or (B) against whom any court has issued a protection order, as defined in section 2266(5) of title 18, United States Code; (3) require the State and local courts to consider at the initial appearance before a magistrate of any individual arrested for any crime for which the restrictions or penalties described in paragraph (1) apply, if the individual possesses a firearm or ammunition that has been or is likely to be used to threaten, harass, menace, or harm the victim or the victim's child, or may otherwise pose a danger to the victim or the victim's child and issue a protection order, as defined in section 2266(5) of title 18, United States Code, in which the State or local court shall prohibit the possession of any firearm or ammunition and require the surrender or seizure of any firearm or ammunition then possessed; (4) give State and local law enforcement the authority, consistent with the Constitution of the United States, to seize a firearm or ammunition when responding to domestic violence situations, if there is probable cause to believe-- (A) such firearm or ammunition is contraband or illegally in the possession of the suspected offender; and (B) such firearm or ammunition has been or is likely to be used to threaten, harass, menace, or harm the victim or the victim's child, or may otherwise pose a danger to the victim or the victim's child; and (5) provide for the safe return of any firearm or ammunition seized or surrendered as described in paragraph (2), (3), or (4)-- (A) at such time as-- (i) the restrictions and penalties of paragraph (1) no longer apply to such individual; (ii) the protection order described in paragraph (2) or (3) is no longer in force against such individual; or (iii) the firearm or ammunition described in paragraph (4) is determined not to be contraband or illegally in the suspected offender's possession; and (B) in a manner that does not endanger the safety of persons who were the victim of any crime described in paragraph (1) or suspected crime described in paragraph (4) or who were the persons protected by the protection order described in paragraph (2) or (3). (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Domestic Violence Gun Homicide Prevention Act of 2015 This bill authorizes the Department of Justice's Office of Community Oriented Policing Services to award grants to states to carry out certain policies and procedures that restrict and penalize firearm possession by or transfer to a person subject to a domestic violence protection order or a person convicted of a domestic violence misdemeanor.

Domestic Violence Gun Homicide Prevention Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Separated Families Act of 2012''. SEC. 2. IMMIGRATION STATUS ALONE NOT A DISQUALIFICATION FROM BEING A PLACEMENT FOR A FOSTER CHILD. Section 471(a)(19) of the Social Security Act (42 U.S.C. 671(a)(19)) is amended-- (1) by striking ``(19) provides that the State'' and inserting the following: ``(19) provides that-- ``(A) the State''; and (2) by adding after and below the end the following: ``(B) such standards shall ensure that the immigration status alone of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from being a placement for a child;''. SEC. 3. STATE PLAN REQUIREMENT TO ACCEPT CERTAIN DOCUMENTS ISSUED BY FOREIGN ENTITIES AS SUFFICIENT IDENTIFICATION FOR PURPOSES OF INITIATING A CRIMINAL RECORDS CHECK OR A FINGERPRINT-BASED CHECK. Section 471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20)) is amended-- (1) in subparagraph (A), by inserting ``which procedures shall require the State (including the State agency, the child welfare agency of any county or other political subdivision of the State, and caseworkers and supervisors of any such agency) to accept a foreign consulate identification card, a foreign passport, or such other foreign identification document as may be allowed in regulations prescribed by the Secretary, as sufficient identification for purposes of initiating a criminal records check or a fingerprint-based check,'' before ``including procedures''; and (2) in subparagraph (C), by inserting ``, which procedures shall require the State (including the State agency, the child welfare agency of any county or other political subdivision of the State, and caseworkers and supervisors of any such agency) to accept a foreign consulate identification card, a foreign passport, or such other foreign identification document as may be allowed in regulations prescribed by the Secretary, as sufficient identification for purposes of initiating a criminal records check or a fingerprint-based check'' before the semicolon. SEC. 4. STATE CHILD WELFARE AGENCIES ENCOURAGED TO GRANT WAIVERS OF REQUIREMENTS THAT WOULD PREVENT A CHILD FROM BEING PLACED WITH A RELATIVE ON THE BASIS OF A MINOR LEGAL INFRACTION BY THE RELATIVE. It is the sense of the Congress that the child welfare agency of a State, or of any county or other political subdivision of a State, should grant a waiver of any requirement which would prevent the placement of a child with a relative of the child, on the basis of a minor legal infraction, if the relative would otherwise be considered eligible for such a placement. SEC. 5. STATE PLAN REQUIREMENT TO NOTIFY RELATIVES SEEKING PLACEMENT OF A CHILD THAT THEIR IMMIGRATION STATUS WILL NOT BE QUESTIONED. Section 471(a)(29) of the Social Security Act (42 U.S.C. 671(a)(29)) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by adding ``and'' at the end of subparagraph (D); and (3) by adding at the end the following: ``(E) the immigration status of any such relative seeking placement of the child with the relative shall not be questioned, except to the extent necessary in determining eligibility for relevant services or programs;''. SEC. 6. PROHIBITION ON STATE FILING FOR TERMINATION OF PARENTAL RIGHTS IN FOSTER CARE CASES IN WHICH OTHERWISE FIT AND WILLING PARENT OR RELATIVE HAS BEEN DEPORTED OR IS INVOLVED IN AN IMMIGRATION PROCEEDING, UNLESS CERTAIN CONDITIONS HAVE BEEN MET. Section 475(5)(E) of the Social Security Act (42 U.S.C. 675(5)(E)) is amended by adding after and below the end the following flush text: ``except that the State, and a county or other political subdivision of the State, shall not file (or join in the filing of such a petition) based on the removal of the parent from the United States or the involvement of the parent in (including detention pursuant to) an immigration proceeding, unless (I) the State (or the county or other political subdivision of the State, as the case may be) has made reasonable efforts to identify, locate, and contact any parent of the child, who has been removed from the United States, and any adult relative of the child, referred to in section 471(a)(29), including through the diplomatic or consular offices of the country to which the parent was removed, to notify such a parent or relative of the intent of the State (or the county or other political subdivision of the State, as the case may be) to file (or join in the filing of) such a petition, and to reunify the child with any such parent or relative; or (II) the parent is unfit or unwilling to be a parent of the child;''. SEC. 7. EFFECTIVE DATE. (a) In General.--The amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date. (b) Delay Permitted if State Legislation Required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

Help Separated Families Act of 2012 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to: (1) require state child protection standards to ensure that the immigration status alone of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from being a placement for a child; and (2) require the state procedures for criminal records checks to require the state to accept foreign identification documents as sufficient identification for purposes of initiating a criminal records check or a fingerprint-based check. Expresses the sense of Congress that the child welfare agency of a state, or of any county or other political subdivision of a state, should grant a waiver of any requirement which would prevent the placement of a child with a relative of the child, on the basis of a minor legal infraction, if the relative would otherwise be considered eligible for such a placement. Requires the state plan for foster care and adoption assistance to notify relatives seeking placement of a child that their immigration status will not be questioned, except to the extent necessary in determining eligibility for relevant services or programs. Prohibits a state or local government agency from filing for termination of parental rights in foster care cases based on the removal of the parent from the United States or the parent's involvement in an immigration proceeding, unless: (1) the state (or local agency) has made reasonable efforts to notify of the intention to file such a petition any parent of the child who has been removed from the United States, and any adult relative of the child, including through the diplomatic or consular offices of the country to which the parent was removed, and to reunify the child with any such parent or relative; or (2) the parent is unfit or unwilling to be a parent of the child.

To amend part E of title IV of the Social Security Act to ensure that immigration status alone does not disqualify a parent, legal guardian, or relative from being a placement for a foster child, to prohibit a State, county, or other political subdivision of a State from filing for termination of parental rights in foster care cases in which an otherwise fit and willing parent or legal guardian has been deported or is involved in (including detention pursuant to) an immigration proceeding, unless certain conditions have been met, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children First SCHIP Improvement Act of 2002''. SEC. 2. PERMITTING USE OF RETAINED FISCAL YEAR 1998, 1999, AND 2000 SCHIP ALLOTMENTS THROUGH FISCAL YEAR 2003. (a) Retained and Redistributed Allotments for Fiscal Years 1998 and 1999.--Paragraphs (1)(B)(ii), (2)(A)(i), and (2)(A)(ii) of section 2104(g) of the Social Security Act (42 U.S.C. 1397dd(g)) are each amended by striking ``fiscal year 2002'' and inserting ``fiscal year 2003''. (b) Fiscal Year 2000.--Section 2104(g)(2) of such Act (42 U.S.C. 1397dd(g)(2)) is amended-- (1) in the heading, by striking ``and 1999'' and inserting ``through 2000''; (2) by adding at the end of subparagraph (A) the following: ``(iii) Fiscal year 2000 allotment.-- ``(I) In general.--Except as provided in subclause (II) with respect to high unemployment States, of the amounts allotted to a State pursuant to this section for fiscal year 2000 that were not expended by the State by the end of fiscal year 2002, the amount specified in subparagraph (B) for fiscal year 2000 for such State shall remain available for expenditure by the State through the end of fiscal year 2003. ``(II) Special rule for high unemployment states.--With respect only to high unemployment States (as defined in subparagraph (D)), of the amounts allotted to such a State pursuant to this section for fiscal year 2000 that were not expended by the State by the end of fiscal year 2002, all such amounts for fiscal year 2000 for such State shall remain available for expenditure by the State through the end of fiscal year 2003.''; and (3) by adding at the end the following new subparagraph: ``(D) High unemployment state defined.--For purposes of subparagraph (A)(iii), the term `high unemployment State' means a State that is any of the 50 States or the District of Columbia and that had an unemployment rate (seasonally adjusted) of at least 6 percent in each of two consecutive months in 2002.''. (c) Use of Unused Fiscal Year 1998 Through 2000 Funds.--Section 2104(g) of such Act (42 U.S.C. 1397dd(g)), as amended by subsection (b), is further amended by adding at the end the following new paragraph: ``(5) Use of unexpended fiscal years 1998 through 2000 allotments.--Notwithstanding any waiver granted under section 1115 or otherwise for the use of funds under title XIX or this title that is approved as of September 30, 2002, amounts made available for expenditure under this subsection to provide child health assistance under this title shall be expended in accordance with the following priority: ``(A) First to children who are eligible for child health assistance under this title. ``(B) Second to children who are eligible for medical assistance under title XIX.''. (d) Effective Date.--The amendments made by this section shall be effective as if this section had been enacted on September 30, 2002, and amounts under title XXI of the Social Security Act (42 U.S.C. 1397 et seq.) from allotments for fiscal years 1998 through 2000 are available for expenditure on and after October 1, 2002, under the amendments made by this section as if this section had been enacted on September 30, 2002. SEC. 3. SCHIP COVERAGE OF CHILDREN ABOVE THE MEDICAID MANDATORY LEVEL FOR CERTAIN STATES MEETING ADDITIONAL REQUIREMENTS. Section 2110(b) of the Social Security Act (42 U.S.C. 1397jj(b)) is amended-- (1) in paragraph (1)(B)(ii)(I), by inserting before the semicolon the following: ``, or, with respect to allotments for fiscal years beginning with fiscal year 2001, in the case of an eligible State (as defined in paragraph (5)), whose family income (as so determined) exceeds such medicaid applicable income level''; and (2) by adding at the end the following new paragraph: ``(5) Eligible state.--For purposes of paragraph (1)(B)(ii)(I), an eligible State is a State that, with respect to the fiscal year involved, meets all of the following conditions: ``(A) Expanded eligibility of children under medicaid.--The State's plan for medical assistance under title XIX provides for eligibility for medical assistance of children who are under 19 years of age and whose family income does not exceed 185 percent of the poverty line. ``(B) Highest schip income eligibility.--The State child health plan (whether implemented under this title or under title XIX)-- ``(i) has the highest income eligibility standard permitted under this title as of January 1, 2001; ``(ii) does not impose any waiting list, numerical limitation, or similar limitation on the eligibility of children for child health assistance; and ``(iii) provides benefits to all children in the State who apply for and meet eligibility standards. ``(C) No loss of medicaid or schip coverage due to inability to pay premiums and cost-sharing.--The State's plan for medical assistance under title XIX and the State child health plan do deny an eligible child coverage or needed care because of an inability to pay premiums or cost-sharing otherwise imposed under the respective plan. ``(D) Uniform, simplified application form.--With respect to children who are eligible for medical assistance under section 1902(a)(10)(A), the State uses the same uniform, simplified application form (including, if applicable, permitting application other than in person) for purposes of establishing eligibility for benefits under this title and also under title XIX. ``(E) No asset test.--The State does not impose an asset test for eligibility under this title or under section 1902(l) with respect to children. ``(F) 12-month continuous enrollment.--The State has elected the option of continuing eligibility under section 1902(e)(12) and has elected a 12-month period under subparagraph (A) of such section and provides for a similar period of continuous eligibility under the State child health plan. ``(G) Coordinated enrollment process.--The State's enrollment process under this title is coordinated with such process under title XIX so that-- ``(i) a family need only interact with a single agency in order to determine whether a child is eligible for benefits under this title or title XIX; and ``(ii) transfers of enrollment, without a gap in coverage, automatically occur for a child in a family the income of which changes so that the child is no longer eligible for benefits under one such title but becomes eligible for benefits under the other title. ``(H) Same verification and redetermination policies; automatic reassessment of eligibility.--With respect to children who are eligible for medical assistance under section 1902(a)(10)(A), the State provides for initial eligibility determinations and redeterminations of eligibility using the same verification policies (including policies respecting face-to-face interviews), forms, and frequency as the State uses for such purposes under this title, and, as part of such redeterminations, provides for the automatic reassessment of the eligibility of such children for assistance under this title and title XIX.

Children First SCHIP Improvement Act of 2002 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to provide for: (1) extending the availability through FY 2003 of SCHIP allotments for FY 1998 through 2000; and (2) SCHIP coverage of children whose family income exceeds the Medicaid applicable income level for eligible States.

To amend title XXI of the Social Security Act to permit the use of unexpended allotments under the State children's health care program for an additional fiscal year, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding America's Families by Enhancing and Reorganizing New and Efficient Technologies Act of 2007''. SEC. 2. INTERNET SAFETY. For purposes of this Act, the issue of Internet safety includes issues regarding use of the Internet in a manner that promotes safe online activity, including safe transactions involved in online commerce, and protects against threats to financial information and privacy, threats from cyber-crime, and threats to juveniles, including cyber-predators and material that is inappropriate for minors. SEC. 3. PUBLIC AWARENESS CAMPAIGN. The Federal Trade Commission shall carry out a nationwide program to increase public awareness and provide education regarding Internet safety, for families, businesses, organizations, and other users, that utilizes existing resources and efforts of the Federal Government, State and local governments, nonprofit organizations, private technology and financial companies, Internet service providers, World Wide Web-based resources, and other appropriate entities, that includes-- (1) identifying, promoting, and encouraging best practices for Internet safety; (2) establishing and carrying out a national outreach and education campaign regarding Internet safety utilizing various media and Internet-based resources; (3) facilitating access to, and the exchange of, information regarding Internet safety to promote up-to-date knowledge regarding current issues; and (4) facilitating access to Internet safety education and public awareness efforts the Commission considers appropriate to States, units of local government, schools, police departments, nonprofit organizations, and such other entities. SEC. 4. ANNUAL REPORTS. The Commission shall submit a report to Congress not later than March 31 of each year that describes the activities carried out under section 3 by the Commission during the preceding calendar year. SEC. 5. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information shall establish an Online Safety and Technology working group comprised of representatives of relevant sectors of the business community, public interest groups, and other appropriate groups and Federal agencies to review and evaluate-- (1) the status of industry efforts to promote online safety through educational efforts, parental control technology, blocking and filtering software, age-appropriate labels for content or other technologies or initiatives designed to promote a safe online environment for children; (2) the status of industry efforts to promote online safety among providers of electronic communications services and remote computing services by reporting apparent child pornography under section 13032 of title 42, United States Code; (3) the practices of electronic communications service providers and remote computing service providers related to record retention in connection with crimes against children; and (4) the development of technologies to help parents shield their children from inappropriate material on the Internet. (b) Report.--Not later than 1 year after the working group established under subsection (a) is first convened, it shall submit a report to the Assistant Secretary and the Committee on Energy and Commerce of the House of Representatives that-- (1) describes in detail its findings, including any information related to the effectiveness of such strategies and technologies and any information about the prevalence within industry of educational campaigns, parental control technologies, blocking and filtering software, labeling, or other technologies to assist parents; and (2) includes recommendations as to what types of incentives could be used or developed to increase the effectiveness and implementation of such strategies and technologies. SEC. 6. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Internet.--The term ``Internet'' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. For carrying out the public awareness campaign under section 3, there is authorized to be appropriated to the Commission $5,000,000 for fiscal year 2008, which shall remain available until September 30, 2009. Passed the House of Representatives November 13, 2007. Attest: LORRAINE C. MILLER, Clerk.

Safeguarding America's Families by Enhancing and Reorganizing New and Efficient Technologies Act of 2007 - Requires the Federal Trade Commission (FTC) to carry out a nationwide program to increase public awareness and education regarding Internet safety, including including threats to online commercial transactions, financial information and privacy, and juveniles, using existing resources and efforts of all levels of government and other appropriate entities. Includes in the program activities relating to best practices, a national outreach and education campaign, and information access and exchange. Authorizes appropriations. Directs the Assistant Secretary of Commerce for Communications and Information to establish an Online Safety and Technology working group comprised of representatives of the business community, public interest groups, federal agencies, and other appropriate groups.

To establish a public awareness campaign regarding Internet safety.

SECTION 101. SHORT TITLE. This Act may be cited as the ``National Highway System Designation Act of 1995''. SEC. 102. NATIONAL HIGHWAY SYSTEM DESIGNATION. Section 103 of title 23, United States Code, is amended by inserting after subsection (b) the following: ``(c) National Highway System Designation.-- ``(1) Designation.--The most recent National Highway System (as of the date of enactment of this Act) as submitted by the Secretary of Transportation pursuant to this section is designated as the National Highway System. ``(2) Modifications.-- ``(A) In general.--At the request of a State, the Secretary may-- ``(i) add a new route segment to the National Highway System; or ``(ii) delete a route segment in existence on the date of the request; if the total mileage of the National Highway System (including any route segment proposed to be added under this subparagraph) does not exceed 168,000 miles (270,480 kilometers). ``(B) Procedures for changes requested by states.-- Each State that makes a request for a change in the National Highway System pursuant to subparagraph (A) shall establish that each change in a route segment referred to in the subparagraph has been identified by the State, in cooperation with local officials, pursuant to applicable transportation planning activities for metropolitan areas carried out under section 134 of this title and statewide planning processes carried out under section 135 of this title. ``(3) Approval by the secretary.--The Secretary may approve a request made by a State for a change in the National Highway System pursuant to paragraph (2) if the Secretary determines that the change-- ``(A) meets the criteria established for the National Highway System under this title; and ``(B) enhances the national transportation characteristics of the National Highway System.''. SEC. 201. SHORT TITLE. This title may be cited as the ``Financing Improvement Act of 1995''. SEC. 202. LIMITATION ON ADVANCE CONSTRUCTION. Section 115(d) of title 23, United States Code, is amended to read as follows: ``(d) Limitation on Advanced Funding.--Secretary may not approve an application under this section unless the project is included in the State's transportation improvement program in accordance with section 135 of this title.''. SEC. 203. PAYMENT TO STATES FOR CONSTRUCTION, FLEXIBLE TAPERED SHARE. (a) State Matching Share.--Section 120 of title 23, United States Code, is amended by adding the following new subsection: ``(j) Use of Other Federal Funding.--Notwithstanding any other provision of this title, a State may use Federal funds from sources other than this title to meet the non-Federal share of a project under this title.''. (b) Payments.--Section 121(a) of title 23, United States Code, is amended to read as follows: ``(a) The Secretary may in his discretion, from time to time, make payments to a State for costs of construction incurred by the State on a project. The Federal share may vary during the life of a project, but at no time shall such share exceed the Federal share payable under sections 106(c), 120, and 130 of this title.''. (c) Conforming Amendment.--Section 121(d) of such title is amended as follows: ``(d) In making final payment pursuant to this section, the Secretary shall be bound by the limitations with respect to the permissible amounts of such payment contained in sections 106(c), 120, and 130 of this title.''. SEC. 204. TOLL ROADS, BRIDGES, TUNNELS, NON-TOLL ROADS THAT HAVE A DEDICATED REVENUE SOURCE, AND FERRIES. Section 129 of title 23, United States Code, is amended-- (1) by revising the title to read as follows: ``Sec. 129. Toll roads, bridges, tunnels, non-toll roads that have a dedicated revenue source, and ferries''; and (2) by revising paragraph 129(a)(7) to read as follows: ``(7) Loans.-- ``(A) In general.--A State may loan an amount equal to all or part of the Federal share of a toll project or a non-toll project that has a dedicated revenue source, specifically dedicated to such project or projects under this section, to a public entity constructing or proposing to construct a toll facility or non-toll facility with a dedicated revenue source. Dedicated revenue sources for non-toll facilities include: excise taxes, sales taxes, motor vehicle use fees, tax on real property, tax increment financing, or such other dedicated revenue source as the Secretary deems appropriate. ``(B) Compliance with federal laws.--As a condition of receiving a loan under this paragraph, the public or private entity that receives the loan shall ensure that the qualifying project complies with the requirements of this title and any other applicable Federal law, including any applicable provision of Federal environmental laws. ``(C) Subordination of debt.--The amount of any loan received for a qualifying project under this paragraph may be subordinated to any other debt financing for the project. ``(D) Obligation of funds loaned.--Funds loaned pursuant to this paragraph may be obligated for qualifying projects. ``(E) Repayment.--The repayment of a loan made pursuant to this paragraph shall commence not later than 5 years after the facility that is the subject of the loan is open to traffic. ``(F) Term of loan.--The term of a loan to a public or private entity shall not exceed 30 years from the time the loan was obligated. ``(G) Interest.--A loan made pursuant to this paragraph shall bear interest at or below market interest rates, as determined by the State to make the qualifying project that is the subject of the loan feasible. ``(H) Reuse of funds.--Amounts repaid to a State from a loan made under this paragraph may be obligated-- ``(i) for any purpose for which the loan funds were available under title 23, United States Code, or Public Law 102-240; and ``(ii) for the purchase of insurance or for use as a capital reserve for other forms of credit enhancement for project debt in order to improve credit market access or to lower interest rates. ``(I) Guidelines.--The Secretary shall establish procedures and guidelines for making loans pursuant to this paragraph.''. SEC. 205. STATE HIGHWAY DEPARTMENT. Section 302 of title 23, United States Code is amended to read as follows: ``Sec. 302. State highway department ``Any State desiring to avail itself of the provisions of this title shall have a State highway department which shall have adequate powers, and shall be suitably equipped and organized to discharge, to the satisfaction of the Secretary, the duties required by this title. This section does not restrict the eligibility of costs that may be claimed by a State nor limit a State's authority to engage the services of private professional firms.''. SEC. 206. DONATION OF PRIVATE FUNDS, ASSETS, AND PUBLICLY OWNED RIGHT- OF-WAY FOR FEDERAL-AID PROJECTS. Section 323 of title 23, United States Code, relating to donations, is amended-- (1) by redesignating subsection (c) as subsection (d); (2) by inserting after subsection (b) the following new subsection: ``(c) Credit for Donation of Private Funds, Assets, and Publicly Owned Right-of-Way.--Nothing in this title, or in any other provision of law should be construed to prevent a person from donating private funds or assets, or a State, county, city, or other political subdivision of a State from donating publicly owned right-of-way, in connection with a specific project constructed under this title. The State matching share for a project with respect to which Federal assistance is provided may be credited by the amount of the donated funds or the fair market value of publicly owned right-of-way incorporated into the project by the State highway agency under this title.''; and (3) by amending the first sentence of subsection (d), as so redesignated, to read as follows: ``(d) Procedures.--A gift or donation in accordance with the above subsections may be made at any time during the development of a project.''. SEC. 301. SHORT TITLE. This title may be cited as the ``State Infrastructure Bank Financing Improvement Act of 1995''. SEC. 302. STATE INFRASTRUCTURE BANKS New Program.--Chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following new section: ``Sec. . State Infrastructure Banks ``(a) In General.--Subject to the requirements of this section, a State may establish a State Infrastructure Bank for making loans and providing other assistance to public or private entities constructing or proposing to construct or initiate transportation projects, programs, or activities that are eligible to receive assistance under this title or under Public Law 102-240, (hereafter also referred to in this section as a `qualifying project'). ``(b) Deposits.--Notwithstanding any other provision of law, a State may deposit up to 15 percent of its apportionments under section 104(b) and 144 for each respective apportionment category under those sections, except for Interstate construction, and up to 15 percent of its allocation under section 157 of this title, after such apportionment or allocation for the fiscal year, into a State Infrastructure Bank, not later than 120 days after the date of apportionment or allocation of such funds and distribution of obligation limitation to the States by the Secretary. The deposit into a State Infrastructure Bank of any apportionment under section 104(b)(3) of this title shall be derived from the State's statewide flexible surface transportation program apportionment, unless the appropriate metropolitan planning organization agrees that urban or rural funds may be used. Federal disbursements of capital reserves shall be at a rate consistent with the Federal-aid highway program. A State may assign, transfer, or loan to another State's Infrastructure Bank, or to multi-State compact or entity, that establishes a State Infrastructure Bank, not more than the amount which a State is otherwise entitled to deposit into its State Infrastructure Bank. ``(c) Consultation With MPOs.--A State shall consult with metropolitan planning organizations with regard to the programming of any State Infrastructure Bank projects. ``(d) Applicability of Cash Management Requirements.--For funds used as a capital reserve, sections 3335 and 6503 of title 31, United States Code, shall not apply to this section. ``(e) Matching Requirements.--A State is required to deposit into the transportation infrastructure bank, from non-Federal or Federal sources other than title 23, United States Code, an amount equal to the proportional non-Federal share that a State would otherwise pay on the basis of section 120(b) of this title. ``(f) Investment Income.--Temporary investment income generated by the funds deposited into a transportation infrastructure bank shall be-- ``(1) credited to the transportation infrastructure bank; ``(2) available for use in providing loans and other assistance to qualifying projects, programs, or activities from the transportation infrastructure bank; and ``(3) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may provide to earn interest to enhance the leveraging of qualifying transportation activities. ``(g) Treatment of Federal Deposits.--The deposit of Federal apportionments into a State Infrastructure Bank shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the deposit. Furthermore, any security or debt financing instrument issued by a State Infrastructure Bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. ``(h) Loans and Other Assistance.-- ``(1) General authority.--From amounts deposited into a transportation infrastructure bank established by a State or multi-State entity under this section, a State or multi-State entity may loan to a public or private entity, an amount equal to all or part of the cost of construction or capital cost of a qualifying transportation project eligible for funding under this section. ``(2) Subordination of debt.--The amount of any loan or other assistance received for a qualifying project under this paragraph may be subordinated to any other debt financing for the project. ``(3) Repayment.--The repayment of any loan from a State transportation infrastructure bank shall commence not later than 5 years after the facility has opened to traffic or the project, activity or facility has been completed. ``(4) Term of loan.--The term for repaying such loan shall not exceed 30 years from the date of obligation of the loan. ``(5) Interest.--Any loan from a State Infrastructure Bank shall bear interest as the State determines appropriate to make the qualifying project feasible. ``(6) Reuse of funds.--The repayment of a loan or other assistance to a State from any loan under this section may be credited to the transportation infrastructure bank or obligated for any purpose for which the loaned funds were available under this title. ``(7) Procedures and guidelines.--The Secretary shall establish procedures and guidelines for establishing, operating, and making loans from a State Infrastructure Bank. ``(8) Definition of other assistance.--For purposes of this section, the term `other assistance' includes any use of funds for the purpose of credit enhancements, use as a capital reserve for bond or debt instrument financing, bond or debt instrument financing issuance costs, bond or debt issuance financing insurance, subsidizing of interest rates, letters of credit, credit instruments, bond or debt financing instrument security, and other forms of debt financing that relate to the qualifying project. ``(9) Administrative costs.--For each fiscal year, a State may use an amount not to exceed two percent of the Federal funds deposited into a State Infrastructure Bank to provide for the reasonable costs of administering such fund. ``(10) Annual reports.--A State or multi-State entity that establishes a transportation infrastructure bank is required to make an annual report to the Secretary on its status no later than September 30 of each year. ``(11) Continuing federal deposits.--As a condition of receiving continuing Federal deposits into a transportation infrastructure bank, a State or multi-State entity must maintain an investment grade rating on its debt issuances or have a sufficient level of bond or debt financing instrument insurance to maintain the viability of the fund and must have filed its annual report with the Secretary.''.

National Highway System Designation Act of 1995 - Designates the most recent National Highway System (as of the date of this Act's enactment) as submitted by the Secretary of Transportation to be the National Highway System (NHS). Requires each State making a request for a change in the NHS to establish that each change has been identified by the State, in cooperation with local officials, pursuant to applicable transportation planning activities for metropolitan areas and statewide planning processes. Financing Improvement Act of 1995 - Prohibits the Secretary from approving an application for advance construction unless the project is included in the State's transportation improvement program. Revises Federal highway provisions to authorize a State to loan an amount equal to all or part of the Federal share of a toll project or a non-toll project that has a revenue source specifically dedicated to such project to a public entity constructing or proposing to construct a toll facility or non-toll facility with a dedicated revenue source. Modifies provisions regarding State highway departments to repeal a requirement that the organization of such a department include a secondary road unit. Specifies that such provisions do not restrict the eligibility of costs that may be claimed by a State nor limit a State's authority to engage the services of private professional firms. Permits donations of private funds, assets, and publicly owned rights-of-way for Federal-aid projects. Specifies that the State matching share for a project with respect to which Federal assistance is provided may be credited with the amount of the donated funds or the fair market value of publicly owned right-of-way incorporated into the project by the State highway agency. State Infrastructure Bank Financing Improvement Act of 1995 - Authorizes a State to establish a State Infrastructure Bank for making loans and providing other assistance to public or private entities constructing transportation projects, programs, or activities that are eligible to receive assistance under specified Federal provisions. Sets forth provisions regarding: (1) deposits; (2) consultation with metropolitan planning organizations; (3) applicability of cash management requirements; (4) matching requirements; (5) investment income; (6) treatment of Federal deposits; (7) loans and other assistance; (8) administrative costs; (9) annual reports; and (10) conditions of receiving continuing Federal deposits.

National Highway System Designation Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Midwest Clean Air Gasoline Reserve Act''. SEC. 2. AUTHORITY TO ESTABLISH RESERVE. The Secretary of Energy may establish, maintain, and operate in the Midwest a Midwest Clean Air Gasoline Reserve. A Reserve established under this Act is not a component of the Strategic Petroleum Reserve. A Reserve established under this Act shall contain no more than 1,000,000 barrels of reformulated gasoline. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Midwest'' means the States or parts of States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin which are required by the Environmental Protection Agency under section 211(k) of the Clear Air Act to use reformulated gasoline; and (2) the term ``reformulated gasoline'' includes any of the compositions of gasoline which are required by the Environmental Protection Agency, under section 211(k) of the Clean Air Act, to be used. SEC. 4. SECRETARY'S AUTHORITY. To the extent necessary or appropriate to carry out this Act, the Secretary of Energy may-- (1) purchase, contract for, lease, or otherwise acquire, in whole or in part, storage and related facilities, and storage services; (2) use, lease, maintain, sell, or otherwise dispose of storage and related facilities required under this Act; (3) acquire by purchase, exchange (including exchange of petroleum products from the Strategic Petroleum Reserve or received as royalty from Federal lands), lease, or otherwise-- (A) reformulated gasoline; or (B) petroleum products for refinement into reformulated gasoline, for storage in the Midwest Clean Air Gasoline Reserve; (4) enter into contracts or other arrangements for the storage of reformulated gasoline or other petroleum products in facilities not owned by the United States; and (5) sell, exchange, or otherwise dispose of reformulated gasoline or other petroleum products from the Reserve established under this Act pursuant to section 5. SEC. 5. CONDITIONS FOR RELEASE; PLAN. (a) Conditions for Release.--Except as provided in subsection (b), the Secretary of Energy may release reformulated gasoline only in the event of-- (1) a severe energy supply disruption; (2) a severe price increase; or (3) another emergency affecting the Midwest, which the President determines to merit a release from the Reserve. (b) Exception.--The Secretary of Energy may, on terms the Secretary considers reasonable, sell, exchange, or otherwise dispose of reformulated gasoline from the Reserve established under this Act in order to maintain the quality or quantity of the reformulated gasoline stocks in the Reserve or to maintain the operational capability of the Reserve. (c) Plan.--Within 45 days after the date of the enactment of this Act, the Secretary of Energy shall transmit to the Congress a report indicating whether the Secretary intends to establish a Reserve under this Act or not. If the Secretary intends to establish a Reserve, the report shall include-- (1) a plan for the acquisition of storage and related facilities or storage services for the Reserve; (2) a plan for the acquisition of reformulated gasoline or other petroleum products for storage in the Reserve; (3) a description of the anticipated methods of disposition of reformulated gasoline or other petroleum products from the Reserve; and (4) a description of the estimated costs of establishment, maintenance, and operation of the Reserve. If the Secretary decides not to establish a Reserve, the report shall include an explanation of the reasons for such decision. (d) Storage.--The storage under this Act of reformulated gasoline or other petroleum products in a storage facility that meets all applicable Federal and State environmental requirements shall not be considered a ``major Federal action significantly affecting the quality of the human environment'' as that term is used in section 102(2)(C) of the National Environmental Policy Act of 1969. SEC. 6. MIDWEST CLEAN AIR GASOLINE RESERVE ACCOUNT. (a) Establishment.--Upon a decision of the Secretary of Energy to establish a Reserve under this Act, the Secretary of the Treasury shall establish in the Treasury of the United States an account known as the Midwest Clean Air Gasoline Reserve Account (referred to in this section as the ``Account''). (b) Deposits.--The Secretary of the Treasury shall deposit in the Account any amounts appropriated to the Account and any receipts from the sale, exchange, or other disposition of reformulated gasoline from the Reserve. (c) Use of Funds.--The Secretary of Energy may obligate amounts in the Account to carry out activities under this Act without the need for further appropriation, and amounts available to the Secretary of Energy for obligation under this section shall remain available without fiscal year limitation.

Authorizes the Secretary to release reformulated gasoline only in the event of a presidentially determined: (1) severe energy supply disruption; (2) severe price increase; or (3) other emergency affecting the Midwest. Directs the Secretary of the Treasury to establish the Midwest Clean Air Gasoline Reserve Account in the Treasury to accept receipts from the disposition of reformulated gasoline from the Reserve.

Midwest Clean Air Gasoline Reserve Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quiet Communities Act of 1999''. SEC. 2. FINDINGS. Congress finds that: (1) Approximately 28,000,000 Americans are afflicted with some hearing loss and it has been estimated that 10,000,000 of these impairments are at least partially attributable to damage from exposure to noise. (2) For millions of Americans, noise from aircraft, vehicular traffic, and a variety of other sources is a constant source of torment. Millions of Americans are exposed to noise levels that can lead to sleep loss, psychological and physiological damage, and work disruption. (3) Chronic exposure to noise has been linked to increased risk of cardiovascular disorders, learning deficits in children, stress, and diminished quality of life. (4) Excessive noise leading to sleep deprivation and task interruptions can result in untold costs on society in diminished worker productivity. (5) Pursuant to authorities granted under the Clean Air Act of 1970, the Noise Control Act of 1972, and the Quiet Communities Act of 1978, the Environmental Protection Agency established an Office of Noise Abatement and Control. Its responsibilities included promulgating noise emission standards, requiring product labeling, facilitating the development of low emission products, coordinating Federal noise reduction programs, assisting State and local abatement efforts, and promoting noise education and research. However, funding for the Office of Noise Abatement and Control was terminated in 1982 and no funds have been provided since. (6) Because the Environmental Protection Agency remains legally responsible for enforcing regulations issued under the Noise Control Act of 1972 even though funding for these activities were terminated, and because the Noise Control Act of 1972 prohibits State and local governments from regulating noise sources in many situations, noise abatement programs across the country lie dormant. (7) As population growth and air and vehicular traffic continue to increase, noise pollution is likely to become an even greater problem in the future. The health and welfare of our citizens demands that the Environmental Protection Agency, the lead Federal agency for the protection of public health and welfare, once again assume a role in combating noise pollution. SEC. 3. REESTABLISHMENT OF OFFICE OF NOISE ABATEMENT AND CONTROL. (a) Reestablishment.--The Administrator of the Environmental Protection Agency shall reestablish within the Environmental Protection Agency an Office of Noise Abatement and Control. (b) Duties.--The responsibilities of the Office include the following: (1) To promote the development of effective State and local noise control programs by providing States with technical assistance and grants to develop the programs, including the purchase of equipment for local communities. (2) To carry out a national noise control research program to assess the impacts of noise from varied noise sources on mental and physical health. (3) To carry out a national noise environmental assessment program to identify trends in noise exposure and response, ambient levels, and compliance data and to determine the effectiveness of noise abatement actions, including actions for areas around major transportation facilities (such as highways, railroad facilities, and airports). (4) To develop and disseminate information and educational materials to the public on the mental and physical effects of noise and the most effective means for noise control through the use of materials for school curricula, volunteer organizations, radio and television programs, publications, and other means. (5) To develop educational and training materials and programs, including national and regional workshops, to support State and local noise abatement and control programs. (6) To establish regional technical assistance centers which use the capabilities of university and private organizations to assist State and local noise control programs. (7) To undertake an assessment of the effectiveness of the Noise Control Act of 1972. (c) Preferred Approaches.--In carrying out its duties under this section, the Office shall emphasize noise abatement approaches that rely on local and State activities, market incentives, and coordination with other public and private agencies. (d) Study.-- (1) In general.--Using funds made available to the Office, the Administrator shall carry out a study of airport noise. The Administrator shall carry out the study by entering into contracts or other agreements with independent scientists with expertise in noise measurements, noise effects, and noise abatement techniques to conduct the study. (2) Contents.--The study shall examine the selection of noise measurement methodologies by the Federal Aviation Administration, the threshold of noise at which health impacts are felt, and the effectiveness of noise abatement programs at airports around the Nation. (3) Report.--Not later than 24 months after the date of enactment of this Act, the Administrator shall transmit to Congress a report on the results of the study, together with specific recommendations on new measures that can be implemented to mitigate the impact of aircraft noise on surrounding communities. SEC. 4. GRANTS UNDER QUIET COMMUNITIES PROGRAM. Section 14(c)(1) of the Noise Control Act of 1972 (42 U.S.C. 4913(c)(1)) is amended-- (1) by striking ``and,'' at the end of subparagraph (C); and (2) by adding at the end the following: ``(E) establishing and implementing training programs on use of noise abatement equipment; and ``(F) implementing noise abatement plans;''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for each of fiscal years 2000 through 2004 $21,000,000 for activities of the Office of Noise Abatement and Control reestablished under section 3.

Requires the Administrator, using funds made available to the Office, to carry out a study of airport noise, examining the Federal Aviation Administration's selection of noise measurement methodologies, health impact thresholds, and abatement program effectiveness. Amends the Noise Control Act of 1972 to include the establishment of training programs on the use of noise abatement equipment and the implementation of noise abatement plans in the list of purposes for which grants under the Quiet Communities Program are provided. Authorizes appropriations.

Quiet Communities Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conquer Childhood Cancer Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Cancer kills more children than any other disease. (2) Each year cancer kills more children between 1 and 20 years of age than asthma, diabetes, cystic fibrosis, and AIDS, combined. (3) Every year, over 12,500 young people are diagnosed with cancer. (4) Each year about 2,300 children and teenagers die from cancer. (5) One in every 330 Americans develops cancer before age 20. (6) Some forms of childhood cancer have proven to be so resistant that even in spite of the great research strides made, most of those children die. Up to 75 percent of the children with cancer can now be cured. (7) The causes of most childhood cancers are not yet known. (8) Childhood cancers are mostly those of the white blood cells (leukemias), brain, bone, the lymphatic system, and tumors of the muscles, kidneys, and nervous system. Each of these behaves differently, but all are characterized by an uncontrolled proliferation of abnormal cells. (9) Eighty percent of the children who are diagnosed with cancer have disease which has already spread to distant sites in the body. (10) Ninety percent of children with a form of pediatric cancer are treated at one of the more than 200 Children's Oncology Group member institutions throughout the United States. SEC. 3. PURPOSES. It is the purpose of this Act to authorize appropriations to-- (1) encourage and expand the support for biomedical research programs of the existing National Cancer Institute- designated multi-center national infrastructure for pediatric cancer research; (2) establish a population-based national childhood cancer database (the Children's Cancer Research Network) to evaluate incidence trends of childhood cancers and to enable the investigations of genetic epidemiology in order to identify causes to aid in development of prevention strategies; (3) provide informational services to patients and families affected by childhood cancer; (4) support the development, construction and operation of a comprehensive online public information system on childhood cancers and services available to families; and (5) establish a fellowship program in pediatric cancer research to foster clinical and translational research career development in pediatric oncologists in the early stages of their career. SEC. 4. PEDIATRIC CANCER RESEARCH AND AWARENESS. Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end thereof the following: ``SEC. 417E. PEDIATRIC CANCER RESEARCH AND AWARENESS. ``(a) Pediatric Cancer Research.-- ``(1) Special programs of research excellence in pediatric cancers.--The Director of NIH, acting through the National Cancer Institute, shall establish special programs of research excellence in the area of pediatric cancers. Such programs shall demonstrate a balanced approach to research cause, prognosis, prevention, diagnosis, and treatment of pediatric cancers that foster translation of basic research findings into innovative interventions applied to patients. ``(2) Fellowship of excellence in pediatric cancer research.--The Secretary shall develop a grant mechanism for the establishment, in cooperation with the National Cancer Institute-supported pediatric cancer clinical trial groups, of Research Fellowships in Pediatric Cancer to support adequate numbers of pediatric focused clinical and translational investigators thereby facilitating continuous momentum of research excellence. ``(b) National Childhood Cancer Registry.--The Director of NIH shall award a grant for the operation of a population-based national childhood cancer database, the Childhood Cancer Research Network (CCRN), of the Children's Oncology Group, in cooperation with the National Cancer Institute. ``(c) Public Awareness of Pediatric Cancers and Available Treatments and Research.--The Secretary shall award a grants to recognized childhood cancer professional and advocacy organizations for the expansion and widespread implementation of activities to raise public awareness of currently available information, treatment, and research with the intent to ensure access to best available therapies for pediatric cancers. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2007 through 2011. Funds appropriated under this section shall remain available until expended.''.

Conquer Childhood Cancer Act of 2006 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the National Cancer Institute, to establish special programs of research excellence in the area of pediatric cancers. Requires the Secretary of Health and Human Services to develop a grant mechanism for the establishment of Research Fellowships in Pediatric Cancer to support adequate numbers of pediatric focused clinical and translational investigators. Requires the Director to award a grant for the operation of a population-based national childhood cancer database, the Childhood Cancer Research Network. Requires the Secretary to award grants to recognized childhood cancer professional and advocacy organizations to raise public awareness of currently available information, treatment, and research with intent to ensure access to best available therapies for pediatric cancers.

A bill to amend the Public Health Service Act to advance medical research and treatments into pediatric cancers, ensure patients and families have access to the current treatments and information regarding pediatric cancers, establish a population-based national childhood cancer database, and promote public awareness of pediatric cancers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving the American Historical Record Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Much of the American historical record, such as evidence of births, education, marriage, divorce, property owned, obligations satisfied, and criminal conduct, is held at the State and local level by organizations that preserve the records that protect the rights of the Nation. (2) The United States has recognized the importance of history by its support of national institutions such as the National Archives, the Library of Congress, and the Smithsonian Institution. Yet, this support is not adequate to reach the rest of the Nation's archives being held in State and local historical societies, archives, and library history collections. (3) More resources need to be directed to State and local organizations to ensure essential care of documents and archival records in their many forms so that they can be readily used by the people of this Nation. (4) History connects people to community--whether the community is a family, a neighborhood, a city, a State, or a Nation. Connections to the past are essential to sustaining democracy, educating students, creating a sense of place in family and community, supporting information needs in business and legal affairs, and making reasoned decisions about the Nation's future direction. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to protect historical records from harm, to prolong their life, and to preserve them for public use, through the use of electronic records initiatives and plans for disaster preparedness, recovery and other preservation activities; (2) to use historical records in new and creative ways to convey the importance of State, territorial, and community history, including the development of teaching materials for elementary, secondary, and post-secondary teachers, active participation in National History Day, and support for life- long learning opportunities; (3) to provide education and training to archivists and others who care for historical records, ensuring that they have the necessary knowledge and skills to fulfill their important responsibilities; and (4) to create a wide variety of access tools, including archival finding aids, documentary editions, indexes, and images of key records maintained on Internet websites of State and local organizations. SEC. 4. AUTHORITY TO MAKE GRANTS. The Archivist may make grants under this Act to States to carry out programs consistent with the purposes of this Act. SEC. 5. USE OF GRANT AMOUNTS. (a) Requirements.--The Archivist may not award grants to any State under this Act unless-- (1) the State agrees to use grant amounts only to carry programs consistent with the purposes of this Act; (2) the State certifies the availability of State or private funds, or an in-kind equivalent, equal to half the amount of the grant to be awarded; and (3) the State ensures that grant amounts are used to supplement, and not supplant, non-Federal funds that would otherwise be available for those purposes. (b) Additional Conditions.--The Archivist may require additional terms and conditions in connection with the use of grant amounts provided under this Act as the Archivist considers appropriate. SEC. 6. SELECTION CRITERIA. (a) Awarding of Grants.--The Archivist shall award grant amounts under this Act in accordance with criteria to be established by the Archivist consistent with the purposes of this Act. (b) Consultation With State Archivists and Secretaries of State.-- In establishing the criteria under subsection (a), the Archivist shall consult with appropriate State and local officials. SEC. 7. APPLICATION. The Archivist may award grant amounts under this Act only to a State that has submitted an application to the Archivist at such time, in such manner, and containing such information as the Archivist may require. SEC. 8. REVIEW AND SANCTIONS. (a) Annual Report by State.--Each State receiving funds under this Act during a calendar year shall provide to the Archivist, no later than January 31 of the following year, a report on activities supported by such funds during the previous calendar year. (b) Annual Review.--The Archivist shall review annually the report provided by each State under subsection (a) to determine the extent to which the State has complied with the provisions of this Act. (c) Imposition of Sanctions.--The Archivist may impose sanctions on any State for any failure to comply substantially with the provisions of this Act. The Archivist shall establish the sanctions to be imposed for a failure to comply substantially with the provisions of this Act. SEC. 9. ANNUAL REPORT. Not later than March 1 of each year, the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report describing the activities carried out under this Act and containing any related information that the Archivist considers appropriate. SEC. 10. DEFINITIONS. In this Act: (1) State.--The term ``State'' includes the District of Columbia and Puerto Rico. (2) Archivist.--The term ``Archivist'' means the Archivist of the United States appointed under section 2103 of title 44, United States Code. (3) Historical records.--The term ``Historical Record'' means unpublished materials created or received by a person, family, or organization, public or private, in the conduct of their affairs that are preserved because of the enduring value contained in the information they contain or as evidence of the functions and responsibilities of their creator. (4) State archivist.--The term ``State Archivist'' means the individual mandated by law within each State with responsibility for managing the archival records of State government. SEC. 11. REGULATIONS. The Archivist shall prescribe any regulations necessary to carry out this Act. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Archivist $50,000,000 each fiscal year for five fiscal years, beginning with the first fiscal year beginning after the date of the enactment of this Act, to make grants under this Act.

Preserving the American Historical Record Act - Authorizes the Archivist of the United States to make grants to states to: (1) protect historical records; (2) use such records in new and creative ways; (3) provide education and training to those who care for historical records; and (4) create a wide variety of access tools, including finding aids, documentary editions, indexes, and images of key records maintained on state and local organization websites. Requires the Archivist to consult with state and local officials on criteria for making the grants.

To authorize the Archivist of the United States to make grants to States for the preservation and dissemination of historical records.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Child Health with Automatic School Meal Enrollment Act of 2009''. SEC. 2. IMPROVING DIRECT CERTIFICATION. (a) Performance Awards.--Section 9(b)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) is amended-- (1) in the paragraph heading, by striking ``food stamp'' and inserting ``supplemental nutrition assistance program''; and (2) by adding at the end the following: ``(E) Performance awards.-- ``(i) In general.--Effective for each of the schools years beginning July 1, 2010, July 1, 2011, and July 1, 2012, the Secretary shall offer performance awards to States to encourage the States to ensure that all children eligible for direct certification under this paragraph are certified in accordance with this paragraph. ``(ii) Requirements.--For each school year described in clause (i), the Secretary shall-- ``(I) consider State data from the prior school year, including estimates contained in the report required under section 4301 of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a); and ``(II) make performance awards to, as determined by the Secretary-- ``(aa) 5 States that demonstrate outstanding performance; and ``(bb) 5 States that demonstrate substantial improvement. ``(iii) Funding.-- ``(I) In general.--On October 1, 2009, and on each October 1 thereafter through October 1, 2011, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary, to remain available until expended-- ``(aa) $2,000,000 to carry out clause (ii)(I); and ``(bb) $2,000,000 to carry out clause (ii)(II). ``(II) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this clause the funds transferred under subclause (I), without further appropriation.''. (b) Corrective Action Plans.--Section 9(b)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended by subsection (a)) is amended by adding at the end the following: ``(F) Corrective action plans.-- ``(i) In general.--Each school year, the Secretary shall-- ``(I) identify, using estimates contained in the report required under section 4301 of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a), States that directly certify less than 95 percent of the total number of children in the State who are eligible for direct certification under this paragraph; and ``(II) require the States identified under subclause (I) to implement a corrective action plan to fully meet the requirements of this paragraph. ``(ii) Improving performance.--A State may include in a corrective action plan under clause (i)(II) methods to improve direct certification required under this paragraph or paragraph (15) and discretionary certification under paragraph (5). ``(iii) Failure to meet performance standard.-- ``(I) In general.--A State that is required to implement a corrective action plan under clause (i)(II) shall be required to submit to the Secretary, for the approval of the Secretary, a direct certification improvement plan for the following school year. ``(II) Requirements.--A direct certification improvement plan under subclause (I) shall include-- ``(aa) specific measures that the State will use to identify more children who are eligible for direct certification; ``(bb) a timeline for the State to implement those measures; and ``(cc) goals for the State to improve direct certification results.''. (c) Without Further Application.--Section 9(b)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended by subsection (b)) is amended by adding at the end the following: ``(G) Without further application.-- ``(i) In general.--In this paragraph, the term `without further application' means that no action is required by the household of the child. ``(ii) Clarification.--A requirement that a household return a letter notifying the household of eligibility for direct certification or eligibility for free school meals does not meet the requirements of clause (i).''. SEC. 3. REPORT ON USING STATEWIDE EDUCATION DATABASES FOR DIRECT CERTIFICATION. (a) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall prepare and submit to Congress a report regarding how statewide databases developed by States to track compliance with the requirements of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) can be used for purposes of direct certification under section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)). (b) Contents.--The report described in subsection (a) shall-- (1) identify the States that have, as of the time of the report, developed statewide databases to track compliance with the requirements of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); (2) describe best practices regarding how such statewide databases can be used for purposes of direct certification under section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)); (3) include case studies of States that have expanded such statewide databases so that such statewide databases can be used for direct certification purposes; and (4) identify States with such statewide databases that would be appropriate for expansion for direct certification purposes. (c) Funding.-- (1) In general.--On October 1, 2009, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $500,000, to remain available through September 30, 2012. (2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.

Enhancing Child Health with Automatic School Meal Enrollment Act of 2009 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to make performance awards to states that demonstrate outstanding performance or show substantial improvement in directly certifying children whose families are eligible for supplemental nutrition assistance under the Food and Nutrition Act of 2008 as eligible for free meals under the school lunch and breakfast programs. (Direct certification eliminates the need for such families to submit applications for participation in the school lunch and breakfast programs.) Requires each state that directly certifies less than 95% of their children who are eligible for direct certification to implement a direct certification improvement plan that is approved by the Secretary. Directs the Secretary of Education to report to Congress on how statewide databases used to track compliance with the requirements of the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 can be used for the purposes of direct certification.

A bill to amend the Richard B. Russell National School Lunch Act to improve automatic enrollment procedures for the national school lunch and school breakfast programs, and for other purposes.

SECTION 1. PURPOSE AND FINDINGS. (a) Purpose.--The purpose of this Act is to encourage greater cooperation between Department of Defense research and production facilities and United States industry in order to enhance their mutual technological and productive achievements. (b) Findings.--The Congress finds the following: (1) Department of Defense research and production facilities possess valuable technological resources that could greatly enhance the innovation and productivity of United States industries. (2) As leadership in the development of advanced technology increasingly shifts away from the defense sector of the United States economy to the commercial sector, the Department of Defense will have to draw on private sector technical expertise to satisfy defense needs. (3) Private industry and the Department of Defense have independently identified many of the same technologies as critical for their respective purposes, thereby creating opportunities for the cooperative development and production of dual-use technologies. (4) Department of Defense production and research facilities currently lack adequate incentives to carry out cooperative development activities with private industry and adequate means of measuring progress toward the goal of developing and producing more dual-use technologies. (5) Private industry must have more opportunities to provide input into Department of Defense research and production facilities in order for such facilities to undertake more research, development, and production relating to dual-use technologies. SEC. 2. FEDERAL DEFENSE LABORATORY DIVERSIFICATION PROGRAM. (a) Establishment of Program.--(1) The Secretary of Defense shall, as soon as practicable after the date of the enactment of this Act, establish a program to be known as the Federal Defense Laboratory Diversification Program (in this Act referred to as the ``Program'') for the diversification of Federal defense laboratories. (2) The laboratories covered by the Program shall include all Department of Defense (including its services and agencies) owned or operated laboratories and Department of Defense federally funded research and development centers that undertake more than $5,000,000 in research (in this Act referred to as the ``Defense laboratories''). (3) The Program shall be managed by the Director of Defense Research and Engineering. (b) Nature of Diversification Program Goals.--The Program shall undertake cooperation between Defense laboratories and private industry in order to-- (1) promote the development and application of dual-use manufacturing technologies to improve quality and efficiency in manufacture of both civilian and defense-oriented products; (2) promote the development and commercialization of dual- use product technologies; (3) promote the transfer of defense or dual-use technologies from laboratories to the private sector for the purpose of commercialization, through patent, royalty, and license agreements, cooperative research and development agreements, and other cooperative agreements and through symposia, meetings, and other mechanisms; and (4) promote the efficient adoption and adaptation of civilian manufacturing product and process technologies to defense needs in sectors critical to maintaining defense preparedness. (c) Development of Benchmarks for Program.--(1) The Director of Research and Engineering, in cooperation with each Defense laboratory and in consultation with private industry, shall develop benchmarks for each category of diversification activity described in subsection (b) for each Defense laboratory covered by this Act. The benchmarks established shall cover fiscal years 1993 through 1995 and include for each such fiscal year-- (A) the budget resources, manpower, and facilities to be utilized by each laboratory; and (B) the dollar value of patents, royalties, and licenses broken down by product or SIC code to be sought and pursued by each laboratory, in implementing the Program. (2) In establishing the benchmark under paragraph (1)(A) for all Defense laboratories covered by the Program, the Director shall establish benchmarks concerning the number and value of cooperative research and development agreements and other cooperative agreements to be established and undertaken, allocating, as appropriate, a minimum of two to five percent of budget to such cooperative work within two years of the establishment of the Program. (3) Program benchmarks shall be established not later than 180 days after the date of the enactment of this Act. Upon establishment of the benchmarks, each Defense laboratory shall promptly proceed to implement same within its overall budget and utilizing other funds that may be available for implementation of this Act. (4) Benchmarks shall be updated each fiscal year on an ongoing basis. (d) Industry Cooperation Mechanisms.--Each Defense laboratory participating in the Program shall establish an industry and academic advisory panel to promote cooperation between the laboratory and the private sector in carrying out the Program. Each laboratory shall utilize its panel to oversee the development of each year's research plan and the implementation of the Program and its benchmarks and to provide advice on how to enhance the dual-use properties of the laboratory's research work on a project-by-project basis. (e) Reports by Director.--(1) Not later than September 30, 1993, the Director of Research and Engineering shall submit to Congress a report on-- (A) the results of a survey undertaken by the Director delineating the nature of the research being undertaken at each laboratory included in the Program, evaluating the potential of each laboratory included in the Program to achieve the elements specified in subsection (b); and (B) recommendations on how each such laboratory might become better oriented to achieving such Program elements. (2) Not later than each of September 30 of 1994, 1995, and 1996, the Director shall submit to Congress a report on-- (1) the extent to which each laboratory participating in the Program has effectively implemented the benchmarks established by the Program; (2) the accomplishments under the Program in achieving the elements described in subsection (b); and (3) the steps the Director believes necessary to improve the effectiveness of the Program. SEC. 3. INDUSTRY EVALUATION. (a) In General.--The Director of the Office of Technology Assessment shall, subject to the approval of the Technology Assessment Board, undertake, in close consultation with industrial firms that have cooperated and worked with Federal laboratories, an evaluation of practices and procedures that have proven effective in promoting the elements of the Program set forth in section 1(b), both in laboratories covered by the Program and elsewhere. (b) Additional Evaluation.--In addition to the evaluation under subsection (a), the Director shall-- (1) evaluate the effectiveness of the Program in achieving optimal cooperation with private industry in meeting the elements set forth in section 1(b); and (2) make recommendations for any improvements in practices and procedures for cooperating with industry that should be implemented. (c) Submittal Date.--The evaluations required under this section shall be submitted not later than 24 months after the date of the enactment of this Act. (d) Utilization of Report Information.--The Director of Research and Engineering shall utilize the recommendations and results of such study in ongoing implementation of the Program.

Requires the Secretary of Defense to establish the Federal Defense Laboratory Diversification Program. Directs the Program to undertake cooperation between Defense laboratories and private industry to promote the development and application of dual-use manufacturing technologies to improve quality and efficiency in the manufacture of both civilian and defense-oriented products and technologies.

A bill to provide for a program for the diversification of the activities of certain Federal laboratories.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible COBRA, Unemployment, and Poverty Extension Act''. SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS. (a) In General.--(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (A) by striking ``June 2, 2010'' each place it appears and inserting ``September 30, 2010''; (B) in the heading for subsection (b)(2), by striking ``june 2, 2010'' and inserting ``september 30, 2010''; and (C) in subsection (b)(3), by striking ``November 6, 2010'' and inserting ``March 1, 2011''. (2) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended-- (A) by striking ``June 2, 2010'' each place it appears and inserting ``September 30, 2010''; and (B) in subsection (c), by striking ``November 6, 2010'' and inserting ``March 1, 2011''. (3) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``November 6, 2010'' and inserting ``March 1, 2011''. (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; and (2) by inserting after subparagraph (E) the following: ``(F) the amendments made by section 2(a)(1) of the Responsible COBRA, Unemployment, and Poverty Extension Act; and''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Continuing Extension Act of 2010 (Public Law 111-157). SEC. 3. EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA BENEFITS. (a) Extension of Eligibility Period.--Subsection (a)(3)(A) of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), as amended by section 3(a) of the Temporary Extension Act of 2010 (Public Law 111-144) and section 3(a) of the Continuing Extension Act of 2010 (Public Law 111-157), is amended by striking ``May 31, 2010'' and inserting ``September 30, 2010''. (b) Rules Relating to 2010 Extension.--Subsection (a) of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), as amended by section 3(b) of the Continuing Extension Act of 2010 (Public Law 111-157), is amended by adding at the end the following: ``(19) Additional rules related to 2010 extension.--In the case of an individual who, with regard to coverage described in paragraph (10)(B), experiences a qualifying event related to a termination of employment on or after June 1, 2010, and prior to the date of the enactment of this paragraph, rules similar to those in paragraphs (4)(A) and (7)(C) shall apply with respect to all continuation coverage, including State continuation coverage programs.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of section 3001 of division B of the American Recovery and Reinvestment Act of 2009. SEC. 4. EXTENSION OF USE OF 2009 POVERTY GUIDELINES. Section 1012 of the Department of Defense Appropriations Act, 2010 (Public Law 111-118), as amended by section 6 of the Continuing Extension Act of 2010 (Public Law 111-157), is amended by striking ``May 31, 2010'' and inserting ``September 30, 2010''. SEC. 5. USE OF STIMULUS FUNDS TO OFFSET SPENDING. The unobligated balance of each amount appropriated or made available under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (other than under title X of division A of such Act) is rescinded pro rata such that the aggregate amount of such rescissions equals $27,000,000,000 in order to offset the net increase in spending resulting from the provisions of, and amendments made by, sections 2 through 4. The Director of the Office of Management and Budget shall report to each congressional committee the amounts so rescinded within the jurisdiction of such committee. SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. (a) In General.--The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. (b) Emergency Designation for Congressional Enforcement.--In the House of Representatives, this Act, with the exception of section 5, is designated as an emergency for purposes of pay-as-you-go principles. In the Senate, this Act 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. (c) Emergency Designation for Statutory Paygo.--This Act, with the exception of section 5, is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).

Responsible COBRA, Unemployment, and Poverty Extension Act - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the final date for entering a federal-state agreement under the Emergency Unemployment Compensation (EUC) program through FY2010. Postpones the termination of the program until March 1, 2011. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend through FY2010 requirements that federal payments to states cover 100% of EUC. Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to extend through FY2010, premium assistance for COBRA benefits (health insurance continuation benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985). Prescribes a special rule for an individual who experiences a qualifying event related to a termination of employment on or after June 1, 2010, and before the enactment of this Act. Applies to all COBRA continuation coverage, including state continuation coverage programs, with respect to such individual rules similar to those in the ARRA: (1) extending the election period for, and the effect on, COBRA continuation coverage; and (2) requiring a notice of such action by the administrator of a group health plan. Amends the Department of Defense Appropriations Act, 2010 to extend the use of 2009 poverty guidelines through FY2010. Prohibits the Secretary of Health and Human Services (HHS) from publishing updated poverty guidelines for 2010 until after such date. Rescinds pro rata the unobligated balance of each amount appropriated or made available under ARRA (except under title X: Military Construction and Veterans Affairs of division A), so that the aggregate amount of such rescissions equals $27 billion to offset the net increase in spending resulting from this Act.

To provide a temporary extension of unemployment insurance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Organization Protection Act of 2015''. SEC. 2. LIABILITY PROTECTION FOR ORGANIZATION OR ENTITY. The Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.) is amended-- (1) in section 3 (42 U.S.C. 14502)-- (A) in subsection (a), by inserting after ``relating to volunteers'' the following: ``or volunteer nonprofit organizations''; and (B) in subsection (b), in the matter preceding paragraph (1), by inserting after ``against a volunteer'' the following: ``or a volunteer nonprofit organization''; (2) in section 4 (42 U.S.C. 14503)-- (A) in the heading, by inserting ``and volunteer nonprofit organizations'' after ``volunteers''; (B) by striking subsection (c) and inserting the following: ``(c) Liability Protection for Organization or Entity.-- ``(1) In general.--No volunteer nonprofit organization shall be liable for harm caused by an act or omission of a volunteer on behalf of the organization unless-- ``(A) the organization would be liable for the act or omission under generally applicable laws governing the direct or vicarious liability of organizations; and ``(B) the organization itself has expressly authorized the specific conduct constituting the act or omission. ``(2) Government request or authorization.--Notwithstanding paragraph (1), no volunteer nonprofit organization shall be liable for harm caused by an act or omission of the organization or of a volunteer acting on behalf of the organization if-- ``(A) the organization or the volunteer engaged in the act or omission at the request of or pursuant to an authorization by the Federal Government, a State government, or any agency or subdivision thereof; and ``(B)(i) the requesting or authorizing governmental entity would have been immune from suit or from liability in damages if the entity had engaged in the act or omission itself or through an employee, agent, or independent contractor; or ``(ii) any governmental employee, agent, or contractor who had engaged in the act or omission on behalf of the requesting or authorizing governmental entity would have been immune from suit or from liability in damages by virtue of immunity extended to individual governmental actors. ``(3) Rule of construction.--Except as provided in paragraphs (1) and (2), nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person.''; (C) in subsection (d)-- (i) by striking paragraph (2); and (ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (D) in subsection (e)(1)-- (i) by striking ``against a volunteer'' and inserting the following: ``against-- ``(A) a volunteer''; and (ii) by striking the period at the end and inserting the following: ``; or ``(B) a volunteer nonprofit organization in an action brought for harm based on the action of a volunteer acting within the scope of the volunteer's responsibilities to the organization unless the claimant establishes by clear and convincing evidence that the organization itself expressly authorized the volunteer's action and did so with a conscious, flagrant indifference to the rights or safety of the individual harmed.''; and (E) in subsection (f)(1), by inserting ``or of a volunteer nonprofit organization'' after ``liability of a volunteer''; (3) in section 5 (42 U.S.C. 14504)-- (A) in subsection (a)-- (i) by inserting ``or a volunteer nonprofit organization'' after ``action against a volunteer''; and (ii) by inserting ``or volunteer nonprofit organization'' after ``liability of the volunteer''; and (B) in subsection (b)-- (i) in paragraph (1), by inserting ``or a volunteer nonprofit organization'' after ``who is a volunteer''; and (ii) in paragraph (2), by inserting ``or a volunteer nonprofit organization'' after ``who is a volunteer''; and (4) in section 6 (42 U.S.C. 14505)-- (A) by striking ``For purposes of this Act'' and inserting ``(a) In General.--For purposes of this Act''; and (B) by adding at the end the following: ``(b) Volunteer Nonprofit Organizations.-- ``(1) Qualification as a volunteer nonprofit organization.-- ``(A) Actions conducted through volunteers.--A nonprofit organization that conducts substantially all of its activities solely through the actions of volunteers or of independent contractors is a volunteer nonprofit organization for purposes of this Act. ``(B) Organization with no employees.--A nonprofit organization that has no employees is conclusively presumed to be a volunteer nonprofit organization for purposes of this Act. ``(C) Local affiliated organizations with no employees.-- ``(i) Presumption.--A nonprofit organization is presumed to be a volunteer nonprofit organization for purposes of this Act if the primary office and the majority of the employees of the organization function primarily to provide support to local affiliated organizations that do not have employees and that act in furtherance of the organization's nonprofit mission. ``(ii) Rebuttal.--The presumption under clause (i) may be rebutted only by clear and convincing evidence that the board of the nonprofit organization expressly authorized the employees of the nonprofit organization to assert active control over the local affiliated organization with respect to the act or omission in question. ``(D) Public charities; private foundations; social welfare organizations.--A nonprofit organization is a volunteer nonprofit organization for purposes of this Act if the organization-- ``(i) has fewer than 50 employees; ``(ii) has annual gross receipts of less than $200,000; and ``(iii) is-- ``(I) an organization described in paragraph (1), (2), or (3) of section 509(a) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code; ``(II) a private foundation, as defined in section 509 of the Internal Revenue Code of 1986, that is exempt from taxation under section 501(a) of such Code; or ``(III) an organization operated exclusively for the promotion of social welfare that is described in section 501(c)(4) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(2) Acts by a volunteer nonprofit organization.-- ``(A) Governing documents of organization.--A volunteer nonprofit organization acts `itself' for purposes of this Act only if the person or body that is authorized by the governing documents of the organization to act in the name of and on behalf of the organization expressly acts in accordance with those documents. ``(B) Applicable state law.--If the governing documents of a volunteer nonprofit organization do not identify the person or body that is authorized to act in the name of and on behalf of the organization, the organization acts `itself' for purposes of this Act only if the person or body whose action is required under the applicable State law in order to bind the organization acts strictly in accordance with that State law.''.

Volunteer Organization Protection Act of 2015 Amends the Volunteer Protection Act of 1997 to expand liability protections to volunteer nonprofit organizations for harm caused by an act or omission of a volunteer on behalf of the organization. Prohibits such liability protections from applying if the organization: (1) would be liable under laws governing the direct or vicarious liability of organizations, and (2) expressly authorized the specific conduct constituting the act or omission. Bars such an organization from liability for harm caused by the organization, or a volunteer acting on its behalf, if the act or omission was at the request of, or pursuant to an authorization by, the federal government, a state government, or another governmental subdivision, provided that: (1) the requesting or authorizing governmental entity would have been immune from suit or from liability in damages if the entity had engaged in the act or omission itself or through an employee, agent, or independent contractor; or (2) any governmental employee, agent, or contractor who had engaged in the act or omission on behalf of the requesting or authorizing governmental entity would have been immune from suit or from liability in damages by virtue of immunity extended to individual governmental actors. Prohibits punitive damages from being awarded against a volunteer nonprofit organization for the actions of a volunteer within the scope of the volunteer's responsibilities to the organization unless the claimant establishes by clear and convincing evidence that the organization itself expressly authorized the volunteer's action with a conscious, flagrant indifference to the rights or safety of the individual harmed. Sets forth factors to be considered to determine whether a nonprofit organization is presumed to be a volunteer nonprofit organization.

Volunteer Organization Protection Act of 2015

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Distracted Driving Prevention Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Distracted driving incentive grants. Sec. 3. Distracted driving national education program. Sec. 4. Research and data collection. Sec. 5. Research program. Sec. 6. FCC report on distracted driving technology. Sec. 7. Provision of information to States. Sec. 8. Commercial motor vehicles and school buses. Sec. 9. Funding. SEC. 2. DISTRACTED DRIVING INCENTIVE GRANTS. (a) In General.--Chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``413. Distracted driving incentive grants ``(a) In General.--The Secretary shall make a grant under this section to any State that enacts and implements a statute that meets the requirements of subsections (b) and (c) of this section. ``(b) Prohibition on Texting While Driving.--A State statute meets the requirements of this subsection if the statute-- ``(1) prohibits the use of a personal wireless communications device by a driver for texting while driving; ``(2) makes violation of the statute a primary offense; ``(3) establishes-- ``(A) a minimum fine for a first violation of the statute; and ``(B) increased fines for repeat violations; and ``(4) provides increased civil and criminal penalties than would otherwise apply if a vehicle accident is caused by a driver who is using such a device in violation of the statute. ``(c) Prohibition on Handheld Cellphone Use While Driving.--A State statute meets the requirements of this subsection if the statute-- ``(1) prohibits a driver from holding a personal wireless communications device to conduct a telephone call while driving; ``(2) allows the use of hands-free devices that enable a driver, other than a driver who has not attained the age of 18, to initiate, conduct, or receive a telephone call without holding the device; ``(3) makes violation of the statute a primary offense; ``(4) requires distracted driving issues to be tested as part of the State driver's license examination; ``(5) establishes-- ``(A) a minimum fine for a first violation of the statute; and ``(B) increased fines for repeat violations; and ``(6) provides increased civil and criminal penalties than would otherwise apply if a vehicle accident is caused by a driver who is using such a device in violation of the statute. ``(d) Permitted Exceptions.--A statute that meets the requirements of subsections (b) and (c) may provide exceptions for-- ``(1) use of a personal wireless communications device by a driver to contact emergency services; ``(2) manipulation of such a device by a driver to activate, deactivate, or initialize the hands-free functionality of the device; ``(3) use of a personal wireless communications device by emergency services personnel while operating an emergency services vehicle and engaged in the performance of their duties as emergency services personnel; and ``(4) use of a device by an individual employed as a commercial motor vehicle driver, or a school bus driver, within the scope of such individual's employment if such use is permitted under the regulations promulgated pursuant to section 31152 of title 49. ``(e) Grant Year.--The Secretary shall make a grant under this section to a State in any year in which the State-- ``(1) enacts a law that meets the requirements of subsections (b) and (c) before July 1; or ``(2) maintains a statute, that meets the requirements of subsections (b) and (c), enacted in a previous year that is in effect through June 30th of the grant year. ``(f) Disbursement and Apportionment.--Grants to qualifying States shall be disbursed after July 1 each year according to the apportionment criteria of section 402(c). ``(g) Use of Grant Funds.--A State that receives a grant under this section-- ``(1) shall use at least 50 percent of the grant-- ``(A) to educate and advertise to the public information about the dangers of texting or using a cellphone while driving; ``(B) for traffic signs that notify drivers about the distracted driving law of the State; ``(C) for law enforcement of the distracted driving law; or ``(D) for a combination of such uses; and ``(2) may use up to 50 percent of the grant for other projects that improve traffic safety and that are consistent with the criteria in section 402(a). ``(h) Definitions.--In this section: ``(1) Driving.--The term `driving' means operating a motor vehicle on a public road, including operation while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary. ``(2) Hands-free device.--The term `hands-free device' means a device that allows a driver to use a personal wireless communications device to initiate, conduct, or receive a telephone call without holding the personal wireless communications device. ``(3) Personal wireless communications device.--The term `personal wireless communications device' means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted. It does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes. ``(4) Primary offense.--The term `primary offense' means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense. ``(5) Public road.--The term `public road' has the meaning given that term in section 402(c). ``(6) Texting.--The term `texting' means reading from or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, e- mailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication.''. (b) Conforming Amendment.--The table of contents for chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``413. Distracted driving incentive grants.''. SEC. 3. DISTRACTED DRIVING NATIONAL EDUCATION PROGRAM. (a) In General.--The Administrator of the National Highway Traffic Safety Administration shall establish and administer a program under which at least 2 high-visibility education and advertising campaigns related to distracted driving will be carried out for the purpose specified in subsection (b) for fiscal years 2010 and 2011. (b) Purpose.--The purpose of an education and advertising campaign under this section shall be to educate the public about the risks associated with distracted driving, including those associated with-- (1) texting (as defined in section 413(h)(6) of title 23, United States Code) while driving; and (2) the use of personal wireless communications devices (as defined in section 413(h)(3) of that title) while driving. (c) Advertising.--The Administrator may use, or authorize the use of, funds available to carry out this section to pay for the development, production, publication, and broadcast of electronic and print media advertising in carrying out traffic safety education and advertising campaigns under this section. The Administrator-- (1) shall give consideration to advertising directed at non-English speaking populations, including those who listen, read, or watch nontraditional media; and (2) may use a portion of the funds available for this program to target local jurisdictions that have enacted laws prohibiting texting or the use of personal wireless communications devices while driving. (d) Coordination With States.--The Administrator may coordinate with the States to carry out the education and advertising campaigns under this section to coincide with high-visibility enforcement of State laws prohibiting texting while driving or the use of personal wireless communications devices while driving. (e) Annual Evaluation.--The Administrator shall conduct an annual evaluation of the effectiveness of the education and advertising campaigns under this section, and report the results to the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Energy and Commerce. SEC. 4. RESEARCH AND DATA COLLECTION. (a) In General.--Section 408(e)(2) of title 23, United States Code, is amended to read as follows: ``(2) Data on use of electronic devices.-- ``(A) The model data elements required under paragraph (1) shall include data elements, as determined appropriate by the Secretary, in consultation with the States and appropriate elements of the law enforcement community, on the impact on traffic safety of the use of electronic devices while driving. ``(B) In order to meet the requirements of subparagraph (A), State and local governments shall-- ``(i) require that official vehicle accident investigation reports include a designated space to record whether or not the use of a personal wireless communications device (as defined in section 413(h)(3)) was in use at the time of the accident by any driver involved in the accident; ``(ii) require that all law enforcement officers, as part of a vehicle accident investigation, inquire about and record the information required by clause (i); and ``(iii) incorporate the information collected under clause (i) into its traffic safety information system.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to grants under section 408 of title 23, United States Code, for fiscal years beginning after fiscal year 2010. SEC. 5. RESEARCH PROGRAM. (a) In General.--The Secretary of Transportation shall establish a research program to study distracted driving by passenger and commercial vehicle drivers. (b) Scope.--The program shall include studies of-- (1) driver behavior; (2) vehicle technology; and (3) portable electronic devices that are commonly brought into passenger or commercial vehicles. (c) Research Agreements.-- (1) In general.--In carrying out this section the Secretary may grant research contracts to non-governmental entities to study distracted driving. (2) Limitations.--The Secretary may not grant a research contract under this section to any person that produces or sells-- (A) electronic equipment that is used in vehicles; (B) portable electronic equipment commonly brought into passenger or commercial vehicles; or (C) passenger or commercial vehicles. SEC. 6. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY. Within 180 days after the date of enactment of this Act, the Federal Communications Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce that identifies-- (1) data the Commission can collect and analyze that will assist in understanding and reducing the problem of distracted driving involving the use of personal communications devices; (2) existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving; and (3) existing authority that the Commission may use to assist in reducing those problems. SEC. 7. PROVISION OF INFORMATION TO STATES. Section 30105 of title 49, United States Code, shall not apply to providing government-sponsored research and highway safety data, or providing technical assistance, relating to legislative proposals addressing the dangers or potential dangers of-- (1) texting while driving a passenger vehicle, school bus, or commercial vehicle; or (2) the use of personal wireless communications devices (as defined in section 413(h)(3) of title 23, United States Code) while driving a passenger vehicle, school bus, or commercial vehicle. SEC. 8. COMMERCIAL MOTOR VEHICLES AND SCHOOL BUSES. (a) In General.--Subchapter III of chapter 311 of title 49, United States Code, is amended by adding at the end the following: ``31152. Regulation of the use of distracting devices in commercial motor vehicles and school buses ``(a) In General.--No later than 1 year after the enactment of the Distracted Driving Prevention Act of 2009, the Secretary of Transportation shall prescribe regulations on the use of electronic or wireless devices, including cell phones and other distracting devices, by an individual employed as the operator of-- ``(1) a commercial motor vehicle while that individual is engaged in the performance of such individual's duties as the operator of the commercial motor vehicle; or ``(2) a school bus (as defined in section 30125(a)(1)) that is a commercial motor vehicle (as defined in section 31301(4)(A)) while that individual is engaged in the performance of such individual's duties as the operator of the school bus. ``(b) Basis for Regulations.--The Secretary shall base the regulations required by subsection (a) on accident data analysis, the results of ongoing research, and other information, as appropriate. ``(c) Prohibited Use.--The Secretary shall prohibit the use of such devices in circumstances in which the Secretary determines that their use interferes with the driver's safe operation of a school bus or commercial motor vehicle. ``(d) Permitted Use.--Under the regulations, the Secretary may permit the use of a device, the use of which is prohibited under subsection (c), if the Secretary determines that such use is necessary for the safety of the driver or the public in emergency circumstances.''. (b) Conforming Amendment.--The table of contents for chapter 311 of title 49, United States Code, is amended by inserting after the item relating to section 31151 the following: ``31152. Regulation of the use of distracting devices in commercial motor vehicles and school buses.''. SEC. 9. FUNDING. Section 2001(a) of Public Law 109-59 is amended-- (1) by striking ``and'' in paragraph (4); (2) by striking ``2009.'' in paragraph (4) and inserting ``2009, $94,500,000 for fiscal year 2010, and $94,500,000 for fiscal year 2011. If any amount of the funds authorized by this paragraph has not been allocated to States meeting the criteria of section 406 of title 23, United States Code, by July 1 of a fiscal year beginning after fiscal year 2009, the unallocated amount shall be allocated to States meeting the criteria of section 413 of that title.''; and (3) by redesignating paragraph (11) as paragraph (12) and inserting after paragraph (10) the following: ``(11) Distracted driving program.--For carrying out section 3 of the Distracted Driving Prevention Act of 2009, $30,000,000 for each of fiscal years 2010 and 2011.''.

Distracted Driving Prevention Act of 2010 - (Sec. 2) Directs the Secretary of Transportation to make grants beginning FY2011 to states that enact laws that prohibit, with certain exceptions, and establish fines for texting and/or handheld cellphone use while driving. Requires a state that receives a grant to allocate: (1) at least 50% to educate and advertise to the public about the dangers of texting or using a cellphone while driving as well as enforce the distracted driving law; and (2) up to 50% for other traffic safety improvement projects. (Sec. 3) Directs the Administrator of the National Highway Traffic Safety Administration (NHTSA) to administer a distracted driving national education program with at least two high-visibility education and advertising campaigns for FY2011 and FY2012. (Sec. 4) Revises requirements directing states and local governments that receive NHTSA grants to collect certain data elements regarding vehicle crash causation. Requires such governments to: (1) require the recording in official vehicle accident investigation reports of whether a personal wireless communications device was in use at the time of an accident, (2) require that all law enforcement officers inquire about and record the use of such a device, and (3) incorporate the information into its traffic safety information system. (Sec. 5) Requires the Secretary to establish a research program to study distracted driving by passenger and commercial vehicle drivers. Authorizes the Secretary to grant research contracts for this purpose to nongovernmental entities. (Sec. 6) Directs the the Federal Communications Commission (FCC) to report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving. (Sec. 7) Makes an exception to the prohibition against lobbying by NHTSA of state or local legislators to allow NHTSA to provide states with government-sponsored research and highway safety data or technical assistance relating to legislative proposals addressing the potential dangers of texting and cell phone use. (Sec. 8) Requires the Secretary to: (1) prescribe regulations on the use of electronic or wireless devices, including cell phones and other distracting devices, by operators of commercial motor vehicles and school buses; and (2) prohibit their use in circumstances where it interferes with the driver's safe operation of the vehicles. (Sec. 9) Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to earmark for the distracted driving national education program $7.5 million from unused FY2010 funds for safety belt performance grants to states. (Sec. 10) Directs the Secretary to initiate a rulemaking proceeding to prescribe a federal motor vehicle safety standard to prohibit electronic screens in cars from displaying visual entertainment that is visible to the driver while driving. Allows, however, electronic screens that display information or images regarding vehicle operation, vehicle surroundings, communications systems, and navigation systems.

A bill to establish a program to reduce injuries and deaths caused by cellphone use and texting while driving.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cape Fox Land Entitlement Adjustment Act of 2003''. SEC. 2. FINDINGS. Congress finds that: (1) Cape Fox Corporation (Cape Fox) is an Alaska Native Village Corporation organized pursuant to the Alaska Native Claims Settlement Act (ANCSA) (43 U.S.C. 1601 et seq.) for the Native Village of Saxman. (2) As with other ANCSA village corporations in Southeast Alaska, Cape Fox was limited to selecting 23,040 acres under section 16 of ANCSA. (3) Except for Cape Fox, all other Southeast Alaska ANCSA village corporations were restricted from selecting within two miles of a home rule city. (4) To protect the watersheds in the vicinity of Ketchikan, Cape Fox was restricted from selecting lands within six miles from the boundary of the home rule City of Ketchikan under section 22(1) of ANCSA (43 U.S.C. 1621(1)). (5) The six mile restriction damaged Cape Fox by precluding the corporation from selecting valuable timber lands, industrial sites, and other commercial property, not only in its core township but in surrounding lands far removed from Ketchikan and its watershed. (6) As a result of the 6 mile restriction, only the remote mountainous northeast corner of Cape Fox's core township, which is nonproductive and of no known economic value, was available for selection by the corporation. Selection of this parcel was, however, mandated by section 16(b) of ANCSA (43 U.S.C. 1615(b)). (7) Cape Fox's land selections were further limited by the fact that the Annette Island Indian Reservation is within its selection area, and those lands were unavailable for ANCSA selection. Cape Fox is the only ANCSA village corporation affected by this restriction. (8) Adjustment of Cape Fox's selections and conveyances of land under ANCSA requires adjustment of Sealaska Corporation's (Sealaska) selections and conveyances to avoid creation of additional split estate between National Forest System surface lands and Sealaska subsurface lands. (9) Sealaska is the Alaska native regional corporation for Southeast Alaska, organized under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (10) There is an additional need to resolve existing areas of Sealaska/Tongass split estate, in which Sealaska holds title or conveyance rights to several thousand acres of subsurface lands that encumber management of Tongass National Forest surface lands. (11) The Tongass National Forest lands identified in this Act for selection by and conveyance to Cape Fox and Sealaska, subject to valid existing rights, provide a means to resolve some of the Cape Fox and Sealaska ANCSA land entitlement issues without significantly affecting Tongass National Forest resources, uses or values. (12) Adjustment of Cape Fox's selections and conveyances of land under ANCSA through the provisions of this Act, and the related adjustment of Sealaska's selections and conveyances hereunder, are in accordance with the purposes of ANCSA and otherwise in the public interest. SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LANDS. Notwithstanding the provisions of section 16(b) of ANCSA (43 U.S.C. 1615(b)), Cape Fox shall not be required to select or receive conveyance of approximately 160 acres of Federal unconveyed lands within Section 1, T. 75 S., R. 91 E., C.R.M. SEC. 4. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY. (a) Selection and Conveyance of Surface Estate.--In addition to lands made available for selection under ANCSA, within 24 months after the date of enactment of this Act, Cape Fox may select, and, upon receiving written notice of such selection, the Secretary of the Interior shall convey approximately 99 acres of the surface estate of Tongass National Forest lands outside Cape Fox's current exterior selection boundary, specifically that parcel described as follows: (1) T. 73 S., R. 90 E., C.R.M. (2) Section 33: SW portion of SE\1/4\: 38 acres. (3) Section 33: NW portion of SE\1/4\: 13 acres. (4) Section 33: SE\1/4\ of SE\1/4\: 40 acres. (5) Section 33: SE\1/4\ of SW\1/4\: 8 acres. (b) Conveyance of Subsurface Estate.--Upon conveyance to Cape Fox of the surface estate to the lands identified in subsection (a), the Secretary of the Interior shall convey to Sealaska the subsurface estate to the lands. (c) Timing.--The Secretary of the Interior shall complete the interim conveyances to Cape Fox and Sealaska under this section within 180 days after the Secretary of the Interior receives notice of the Cape Fox selection under subsection (a). SEC. 5. EXCHANGE OF LANDS BETWEEN CAPE FOX AND THE TONGASS NATIONAL FOREST. (a) General.--The Secretary of Agriculture shall offer, and if accepted by Cape Fox, shall exchange the Federal lands described in subsection (b) for lands and interests therein identified by Cape Fox under subsection (c) and, to the extent necessary, lands and interests therein identified under subsection (d). (b) Lands To Be Exchanged to Cape Fox.--The lands to be offered for exchange by the Secretary of Agriculture are Tongass National Forest lands comprising approximately 2,663.9 acres in T. 36 S., R. 62 E., C.R.M. and T. 35 S., R. 62 E., C.R.M., as designated upon a map entitled ``Proposed Kensington Project Land Exchange'', dated March 18, 2002, and available for inspection in the Forest Service Region 10 regional office in Juneau, Alaska. (c) Lands To Be Exchanged to the United States.--Cape Fox shall be entitled, within 60 days after the date of enactment of this Act, to identify in writing to the Secretaries of Agriculture and the Interior the lands and interests in lands that Cape Fox proposes to exchange for the Federal lands described in subsection (b). The lands and interests in lands shall be identified from lands previously conveyed to Cape Fox comprising approximately 2,900 acres and designated as parcels A-1 to A-3, B-1 to B-3, and C upon a map entitled ``Cape Fox Corporation ANCSA Land Exchange Proposal'', dated March 15, 2002, and available for inspection in the Forest Service Region 10 regional office in Juneau, Alaska. Lands identified for exchange within each parcel shall be contiguous to adjacent National Forest System lands and in reasonably compact tracts. The lands identified for exchange shall include a public trail easement designated as D on said map, unless the Secretary of Agriculture agrees otherwise. The value of the easement shall be included in determining the total value of lands exchanged to the United States. (d) Valuation of Exchange Lands.--The Secretary of Agriculture shall determine whether the lands identified by Cape Fox under subsection (c) are equal in value to the lands described in subsection (b). If the lands identified under subsection (c) are determined to have insufficient value to equal the value of the lands described in subsection (b), Cape Fox and the Secretary shall mutually identify additional Cape Fox lands for exchange sufficient to equalize the value of lands conveyed to Cape Fox. Such land shall be contiguous to adjacent National Forest System lands and in reasonably compact tracts. (e) Conditions.--The offer and conveyance of Federal lands to Cape Fox in the exchange shall, notwithstanding section 14(f) of ANCSA, be of the surface and subsurface estate, but subject to valid existing rights and all other provisions of section 14(g) of ANCSA. (f) Timing.--The Secretary of Agriculture shall attempt, within 90 days after the date of enactment of this Act, to enter into an agreement with Cape Fox to consummate the exchange consistent with this Act. The lands identified in the exchange agreement shall be exchanged by conveyance at the earliest possible date after the exchange agreement is signed. Subject only to conveyance from Cape Fox to the United States of all its rights, title and interests in the Cape Fox lands included in the exchange consistent with this title, the Secretary of the Interior shall complete the interim conveyance to Cape Fox of the Federal lands included in the exchange within 180 days after the execution of the exchange agreement by Cape Fox and the Secretary of Agriculture. SEC. 6. EXCHANGE OF LANDS BETWEEN SEALASKA AND THE TONGASS NATIONAL FOREST. (a) General.--Upon conveyance of the Cape Fox lands included in the exchange under section 5 and conveyance and relinquishment by Sealaska in accordance with this title of the lands and interests in lands described in subsection (c), the Secretary of the Interior shall convey to Sealaska the Federal lands identified for exchange under subsection (b). (b) Lands To Be Exchanged to Sealaska.--The lands to be exchanged to Sealaska are to be selected by Sealaska from Tongass National Forest lands comprising approximately 9,329 acres in T. 36 S., R. 62 E., C.R.M., T. 35 S., R. 62 E., C.R.M., and T. 34 S., Range 62 E., C.R.M., as designated upon a map entitled ``Proposed Sealaska Corporation Land Exchange Kensington Lands Selection Area'', dated April 2002 and available for inspection in the Forest Service Region 10 Regional Office in Juneau, Alaska. Within 60 days after receiving notice of the identification by Cape Fox of the exchange lands under section 5(c), Sealaska shall be entitled to identify in writing to the Secretaries of Agriculture and the Interior the lands that Sealaska selects to receive in exchange for the Sealaska lands described in subsection (c). Lands selected by Sealaska shall be in no more than two contiguous and reasonably compact tracts that adjoin the lands described for exchange to Cape Fox in section 5(b). The Secretary of Agriculture shall determine whether these selected lands are equal in value to the lands described in subsection (c) and may adjust the amount of selected lands in order to reach agreement with Sealaska regarding equal value. The exchange conveyance to Sealaska shall be of the surface and subsurface estate in the lands selected and agreed to by the Secretary but subject to valid existing rights and all other provisions of section 14(g) of ANCSA. (c) Lands To Be Exchanged to the United States.--The lands and interests therein to be exchanged by Sealaska are the subsurface estate underlying the Cape Fox exchange lands described in section 5(c), an additional approximately 2,506 acres of the subsurface estate underlying Tongass National Forest surface estate, described in Interim Conveyance No. 1673, and rights to be additional approximately 2,698 acres of subsurface estate of Tongass National Forest lands remaining to be conveyed to Sealaska from Group 1, 2 and 3 lands as set forth in the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement of November 26, 1991, at Schedule B, as modified on January 20, 1995. (d) Timing.--The Secretary of Agriculture shall attempt, within 90 days after receipt of the selection of lands by Sealaska under subsection (b), to enter into an agreement with Sealaska to consummate the exchange consistent with this Act. The lands identified in the exchange agreement shall be exchanged by conveyance at the earliest possible date after the exchange agreement is signed. Subject only to the Cape Fox and Sealaska conveyances and relinquishments described in subsection (a), the Secretary of the Interior shall complete the interim conveyance to Sealaska of the Federal lands selected for exchange within 180 days after execution of the agreement by Sealaska and the Secretary of Agriculture. (e) Modification of Agreement.--The executed exchange agreement under this section shall be considered a further modification of the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement, as ratified in section 17 of Public Law 102-415 (October 14, 1992). SEC. 7. MISCELLANEOUS PROVISIONS. (a) Equal Value Requirement.--The exchanges described in this Act shall be of equal value. Cape Fox and Sealaska shall have the opportunity to present to the Secretary of Agriculture estimates of value of exchange lands with supporting information. (b) Title.--Cape Fox and Sealaska shall convey and provide evidence of title satisfactory to the Secretary of Agriculture for their respective lands to be exchanged to the United States under this Act, subject only to exceptions, reservations and encumbrances in the interim conveyance or patent from the United States or otherwise acceptable to the Secretary of Agriculture. (c) Hazardous Substances.--Cape Fox, Sealaska, and the United States each shall not be subject to liability for the presence of any hazardous substance in land or interests in land solely as a result of any conveyance or transfer of the land or interests under this Act. (d) Effect on ANCSA Selections.--Any conveyance of Federal surface or subsurface lands to Cape Fox or Sealaska under this Act shall be considered, for all purposes, land conveyed pursuant to ANCSA. Nothing in this Act shall be construed to change the total acreage of land entitlement of Cape Fox or Sealaska under ANCSA. Cape Fox and Sealaska shall remain charged for any lands they exchange under this Act and any lands conveyed pursuant to section 4, but shall not be charged for any lands received under section 5 or section 6. The exchanges described in this Act shall be considered, for all purposes, actions which lead to the issuance of conveyances to Native Corporations pursuant to ANCSA. Lands or interests therein transferred to the United States under this Act shall become and be administered as part of the Tongass National Forest. (e) Effect on Statehood Selections.--Lands conveyed to or selected by the State of Alaska under the Alaska Statehood Act (Public Law 85- 508; 72 Stat. 339; 48 U.S.C. note prec. 21) shall not be eligible for selection or conveyance under this Act without the consent of the State of Alaska. (f) Maps.--The maps referred to in this Act shall be maintained on file in the Forest Service Region 10 Regional Office in Juneau, Alaska. The acreages cited in this Act are approximate, and if there is any discrepancy between cited acreage and the land depicted on the specified maps, the maps shall control. The maps do not constitute an attempt by the United States to convey State or private land. (g) Easements.--Notwithstanding section 17(b) of ANCSA, Federal lands conveyed to Cape Fox or Sealaska pursuant to this Act shall be subject only to the reservation of public easements mutually agreed to and set forth in the exchange agreements executed under this Act. The easements shall include easements necessary for access across the lands conveyed under this Act for use of national forest or other public lands. (h) Old Growth Reserves.--The Secretary of Agriculture shall add an equal number of acres to old growth reserves on the Tongass National Forest as are transferred out of Federal ownership as a result of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Department of Agriculture.--There are authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary for value estimation and related costs of exchanging lands specified in this Act, and for road rehabilitation, habitat and timber stand improvement, including thinning and pruning, on lands acquired by the United States under this Act. (b) Department of the Interior.--There are authorized to be appropriated to the Secretary of the Interior such sums as may be necessary for land surveys and conveyances pursuant to this Act.

Cape Fox Land Entitlement Adjustment Act of 2003 - Provides that Cape Fox Corporation shall not be required under the Alaska Native Claims Settlement Act (ANCSA) to select or receive conveyance of 160 nonproductive acres. Permits Cape Fox to select and the Secretary of the Interior to convey 99 acres of the surface estate of Tongass National Forest lands outside Cape Fox's current exterior selection boundary. Directs the Secretary to convey the subsurface estate to those lands to Sealaska Corporation.Directs the Secretary of Agriculture to offer and, if accepted by Cape Fox, to exchange specified Tongass National Forest lands for lands and interests identified by Cape Fox from specified lands previously conveyed to it. States that the Cape Fox land conveyed to the Federal Government shall include a public trail easement unless the Secretary of Agriculture agrees otherwise.Requires the Secretary of the Interior, upon conveyance by Cape Fox of such lands and conveyance and relinquishment by Sealaska of the subsurface estate underlying those lands and other specified Tongass National Forest lands, to convey to Sealaska Tongass National Forest lands selected by Sealaska from a specified area. Requires: (1) such exchange to be considered a modification of the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement; and (2) conveyances under this Act by the Federal Government to be considered to be conveyances pursuant to ANCSA.Subjects Federal lands conveyed to Cape Fox and Sealaska under this Act to reservations of public easements only as mutually agreed to in the relevant exchange agreements, with such easements to be for access across the lands conveyed for use of national forests or other public land.

A bill to resolve certain conveyances and provide for alternative land selections under the Alaska Native Claims Settlement Act related to Cape Fox Corporation and Sealaska Corporation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Fiscal Discipline Act of 2007''. SEC. 2. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE. (a) Pay-as-You-Go Point of Order in the Senate.-- (1) In general.--For purposes of Senate enforcement, it shall not be in order in the Senate to consider any direct spending or revenue legislation that would increase the on- budget deficit or cause an on-budget deficit for any one of the 4 applicable time periods as measured in paragraphs (5) and (6). (2) Applicable time periods.--For purposes of this subsection, the term ``applicable time periods'' means any 1 of the 4 following periods: (A) The current year. (B) The budget year. (C) The period of the 5 fiscal years following the current year. (D) The period of the 5 fiscal years following the 5 fiscal years referred to in subparagraph (C). (3) Direct-spending legislation.--For purposes of this subsection and except as provided in paragraph (4), the term ``direct-spending legislation'' means any bill, joint resolution, amendment, motion, or conference report that affects direct spending as that term is defined by, and interpreted for purposes of, the Balanced Budget and Emergency Deficit Control Act of 1985. (4) Exclusion.--For purposes of this subsection, the terms ``direct-spending legislation'' and ``revenue legislation'' do not include-- (A) any concurrent resolution on the budget; or (B) any provision of legislation that affects the full funding of, and continuation of, the deposit insurance guarantee commitment in effect on the date of enactment of the Budget Enforcement Act of 1990. (5) Baseline.--Estimates prepared pursuant to this section shall-- (A) use the baseline surplus or deficit used for the most recently adopted concurrent resolution on the budget; and (B) be calculated under the requirements of subsections (b) through (d) of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 for fiscal years beyond those covered by that concurrent resolution on the budget. (6) Prior surplus.--If direct spending or revenue legislation increases the on-budget deficit or causes an on- budget deficit when taken individually, it must also increase the on-budget deficit or cause an on-budget deficit when taken together with all direct spending and revenue legislation enacted since the beginning of the calendar year not accounted for in the baseline under paragraph (5)(A), except that direct spending or revenue effects resulting in net deficit reduction enacted pursuant to reconciliation instructions since the beginning of that same calendar year shall not be available. (b) Waiver.--This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. (c) Appeals.--Appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section. (d) Determination of Budget Levels.--For purposes of this section, the levels of new budget authority, outlays, and revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the Senate. (e) Sunset.--This section shall expire on September 30, 2012. SEC. 3. RECONCILIATION FOR DEFICIT REDUCTION OR INCREASING THE SURPLUS IN THE SENATE. (a) In General.--It shall not be in order in the Senate to consider under the expedited procedures applicable to reconciliation in sections 305 and 310 of the Congressional Budget Act of 1974 any bill, resolution, amendment, amendment between Houses, motion, or conference report that increases the deficit or reduces the surplus in the first fiscal year covered by the most recently adopted concurrent resolution on the budget, the period of the first 5 fiscal years covered by the most recently adopted concurrent resolution on the budget, or the period of the 5 fiscal years following the first 5 fiscal years covered by the most recently adopted concurrent resolution on the budget. (b) Budget Resolution.--It shall not be in order in the Senate to consider pursuant to sections 301, 305, or 310 of the Congressional Budget Act of 1974 pertaining to concurrent resolutions on the budget any resolution, concurrent resolution, amendment, amendment between the Houses, motion, or conference report that contains any reconciliation directive that would increase the deficit or reduce the surplus in the first fiscal year covered by the most recently adopted concurrent resolution on the budget, the period of the first 5 fiscal years covered by the most recently adopted concurrent resolution on the budget, or the period of the 5 fiscal years following the first 5 fiscal years covered by the most recently adopted concurrent resolution on the budget. (c) Supermajority Waiver and Appeal.--This section may be waived or suspended in the Senate only by an affirmative vote of \3/5\ of the Members, duly chosen and sworn. An affirmative vote of \3/5\ of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.

Restoring Fiscal Discipline Act of 2007 - Makes it out of order in the Senate to consider any direct spending or revenue legislation that would increase or cause an on-budget deficit during certain specified time periods. Makes it out of order in the Senate to consider, under the expedited procedures applicable to reconciliation in the Congressional Budget Act of 1974 (CBA), any bill, resolution, amendment, amendment between chambers, motion, or conference report that increases the deficit or reduces the surplus in the first fiscal year or the ensuing five or 10 fiscal years covered by the most recently adopted concurrent resolution on the budget. Makes it out of order in the Senate to consider, pursuant to CBA, any resolution, concurrent resolution, amendment, amendment between the chambers, motion, or conference report that contains reconciliation directives that would increase the deficit or reduce the surplus in such fiscal years.

A bill to reinstate the pay-as-you-go requirement and reduce budget deficits by strengthening budget enforcement and fiscal responsibility.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Modernizing the Pittman-Robertson Fund for Tomorrow's Needs Act of 2016''. SEC. 2. PURPOSE. The first section of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669) is amended by adding at the end the following: ``One of the purposes of this Act is to extend financial and technical assistance to the States for the promotion of hunting and recreational shooting.''. SEC. 3. DEFINITIONS. Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended-- (1) by redesignating paragraphs (2) through (8) as paragraphs (4) through (10), respectively; and (2) by inserting after paragraph (1) the following: ``(2) the term `hunter recruitment and recreational shooter recruitment' means any activity or project to recruit or retain hunters and recreational shooters, including by-- ``(A) using social media, marketing, advertising, surveying, television spots, print, and media; ``(B) providing education, mentoring, and field demonstrations; ``(C) enhancing access for hunting and recreational shooting, including through range construction; ``(D) providing education to the public about the role of hunting and recreational shooting in funding wildlife conservation; and ``(E) using any other means to ensure the growth of hunting and recreational shooting, as determined by the Secretary; ``(3) the term `fiscal year' means a period of 12 consecutive months beginning on October 1 and ending on the succeeding September 30, except that the period for enumeration of paid hunting-license holders means the fiscal year or license year of the State;''. SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS. (a) Apportionment to States.--Section 4(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(b)) is amended-- (1) in the first sentence, by striking ``The Secretary of the Interior'' and inserting the following: ``(1) In general.--The Secretary''; (2) in the second sentence, by striking ``Such apportionments'' and inserting the following: ``(2) Adjustments.--The apportionments described in paragraph (1)''; (3) by striking the third sentence; and (4) by adding at the end the following: ``(3) Use of funds.-- ``(A) In general.--Subject to subparagraph (B), amounts apportioned under this subsection may be used for hunter recruitment and recreational shooter recruitment. ``(B) Limitation.--A State may only make an expenditure under subparagraph (A) if the amount of the expenditure during the fiscal year in which the expenditure is made plus the amount of the expenditures for hunter recruitment and recreational shooter recruitment made during the 4 fiscal years preceding that fiscal year is equal to or less than 25 percent of the total amount apportioned to the State under this subsection during that 5-fiscal-year period.''. (b) Apportionment of Certain Taxes.--Section 4(c) of the Pittman- Robertson Wildlife Restoration Act (16 U.S.C. 669c(c)) is amended-- (1) in the first sentence-- (A) by striking ``One-half'' and inserting the following: ``(1) Apportionment of certain taxes.-- ``(A) In general.--Subject to subparagraph (B), \1/ 2\''; and (B) by striking ``Provided, That each State'' and inserting the following: ``(B) Condition.--The apportionment made under subparagraph (A) shall be subject to the condition that each State''; (2) in subparagraph (A) (as so designated), by striking ``States:'' and inserting ``States.''; (3) in subparagraph (B) (as so designated), by striking ``For the purpose'' and inserting the following: ``(2) Population determination.--For the purpose''; and (4) by adding at the end the following: ``(3) Use of funds.--Amounts apportioned under this subsection may be used for hunter recruitment and recreational shooter recruitment.''. SEC. 5. EXPENDITURES FOR MANAGEMENT OF WILDLIFE AREAS AND RESOURCES. Section 8 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g) is amended-- (1) in subsection (a), in the third sentence, by striking ``and public relations''; and (2) in subsection (b), in the first sentence, by striking ``, as a part of such program''. SEC. 6. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS. Section 10(a)(1)(A) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-1(a)(1)(A)) is amended-- (1) in clause (iii), by striking ``and'' at the end; and (2) by adding at the end the following: ``(v) the enhancement of hunter recruitment and recreational shooter recruitment; and''. SEC. 7. MULTISTATE CONSERVATION GRANT PROGRAM. Section 11 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-2) is amended-- (1) in subsection (a)(1)-- (A) by striking ``Not more than'' and inserting the following: ``(A) In general.--Not more than''; and (B) by adding at the end the following: ``(B) Availability for hunter and recreational shooter grants.--Not more than $5,000,000 of the revenues covered into the fund from any tax imposed under section 4161(b) of the Internal Revenue Code of 1986 for a fiscal year shall be available to the Secretary exclusively for making hunter recruitment and recreational shooter recruitment grants that promote a national hunting and shooting sport recruitment program, including related communication and outreach activities.''; (2) in subsection (b)(3), in the matter preceding subparagraph (A), by striking ``International''; (3) in subsection (c)(2)(A)(i), by inserting ``or to recreational shooting activities'' after ``wildlife''; and (4) in subsection (d), by inserting ``or to recreational shooting activities'' after ``wildlife''.

Modernizing the Pittman-Robertson Fund for Tomorrow's Needs Act of 2016 This bill amends the Pittman-Robertson Wildlife Restoration Act to make it one of the purposes of the Act to extend financial and technical assistance to the states for the promotion of hunting and recreational shooting. The bill also prescribes a formula for the allocation of funds apportioned to a state that may be used for any activity or project to recruit or retain hunters and recreational shooters. Amounts apportioned to the states from any taxes on pistols, revolvers, bows, and arrows may be used for hunter recruitment and recreational shooter recruitment. The funds apportioned to a state for wildlife restoration management may be used for related public relations. If a state has not used all of the tax revenues apportioned to it for firearm and bow hunter education and safety program grants, it may use its remaining apportioned funds for the enhancement of hunter recruitment and recreational shooter recruitment. Up to $5 million of the revenues covered into wildlife restoration fund in the Treasury from any tax imposed for a fiscal year on the sale of certain bows, arrows, and archery equipment shall be available to the Department of the Interior exclusively for making hunter recruitment and recreational shooter recruitment grants that promote a national hunting and shooting sport recruitment program, including related communication and outreach activities.

Modernizing the Pittman-Robertson Fund for Tomorrow's Needs Act of 2016

SECTION 1. IMPROVING SOCIAL SECURITY BENEFITS FOR WIDOWS AND WIDOWERS IN TWO-INCOME HOUSEHOLDS. (a) In General.-- (1) Widows.--Section 202(e) of the Social Security Act (42 U.S.C. 402(e)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B), by inserting ``and'' at the end; (ii) in subparagraph (C)(iii), by striking ``and'' at the end; (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking ``or becomes entitled to an old-age insurance benefit'' and all that follows through ``such deceased individual,''; (B) by striking subparagraph (A) in paragraph (2) and inserting the following: ``(2)(A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widow's insurance benefit for each month shall be equal to the greater of-- ``(i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual; or ``(ii) subject to paragraphs (9) and (10), in the case of a fully insured widow or surviving divorced wife, 75 percent of the sum of any old-age or disability insurance benefit for which the widow or the surviving divorced wife is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.''; (C) in paragraph (5)-- (i) in subparagraph (A), by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(E)''; and (ii) in subparagraph (B), by striking ``paragraph (1)(F)(i)'' and inserting ``paragraph (1)(E)(i)''; and (D) by adding at the end the following new paragraphs: ``(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced wife, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(b)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). ``(10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual-- ``(A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits); and ``(B) to whom wages and self-employment income were credited in each of such hypothetical individual's elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year.''. (2) Widowers.--Section 202(f) of the Social Security Act (42 U.S.C. 402(f)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B), by inserting ``and'' at the end; (ii) in subparagraph (C)(iii), by striking ``and'' at the end; (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking ``or becomes entitled to an old-age insurance benefit'' and all that follows through ``such deceased individual,''; (B) by striking subparagraph (A) in paragraph (2) and inserting the following: ``(2)(A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widower's insurance benefit for each month shall be equal to the greater of-- ``(i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual; or ``(ii) subject to paragraphs (9) and (10), in the case of a fully insured widower or surviving divorced husband, 75 percent of the sum of any old-age or disability insurance benefit for which the widower or the surviving divorced husband is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.''; (C) in paragraph (5)-- (i) in subparagraph (A), by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(E)''; and (ii) in subparagraph (B), by striking ``paragraph (1)(F)(i)'' and inserting ``paragraph (1)(E)(i)''; and (D) by adding at the end the following new paragraphs: ``(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced husband, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(c)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). ``(10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual-- ``(A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits); and ``(B) to whom wages and self-employment income were credited in each of such hypothetical individual's elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year.''. (b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2016.

This bill amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise the widow's or widower's insurance benefit for any month to equal the greater of: (1) the primary insurance amount of a deceased individual (as under current law); or (2) in the case of a fully-insured widow or surviving divorced spouse, 75% of the sum of any old-age or disability insurance benefit to which the widow, widower, or surviving divorced spouse is entitled plus the primary insurance amount of the deceased individual.

To amend title II of the Social Security Act to improve social security benefits for widows and widowers in two-income households.

SECTION 1. GRANTS AUTHORIZED. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``PART C--EARLY CHILDHOOD EDUCATION PROFESSIONAL DEVELOPMENT AND CAREER SYSTEM ``SEC. 231. SHORT TITLE. ``This part may be cited as the `Early Childhood Education Professional Development and Career System Grants Act'. ``SEC. 232. FINDINGS. ``Congress makes the following findings: ``(1) According to 2005 data from the Bureau of the Census, nearly 12,000,000 children under the age of 5 are in some type of child care arrangement. ``(2) The knowledge and skills of individuals in early childhood education programs, including administrators, directors, teachers, and other staff, is a predictor of the ability to provide high quality experiences for children in such programs. ``(3) Early childhood professionals enter the early childhood education field through various paths. Some individuals have completed early childhood education professional preparation programs prior to working in an early childhood education program. ``(4) The delivery system of education, professional development, and training for early childhood educators has disparate standards and funding. ``(5) Funding for such education, professional development, and training is fragmented, sporadic, and insufficient. ``(6) Compensation (salaries and benefits) for early childhood education program personnel is woefully inadequate, and creates a crisis in the attraction and retention of high quality staff and directors. ``(7) To attract and retain qualified adults to work in early childhood programs, there must be viable career lattices that provide opportunities for continued professional development and increased compensation. ``SEC. 233. PURPOSE. ``It is the purpose of this part-- ``(1) to improve the quality of the early childhood education workforce by creating a statewide early childhood education professional development and career system linked to appropriate compensation for early childhood education program staff, directors, and administrators; and ``(2) to create-- ``(A) a coherent system of core competencies, pathways to qualifications, credentials, degrees, quality assurances, access, and outreach for early childhood education program staff, directors, and administrators; ``(B) articulation agreements so that early childhood education professionals can have smooth transitions among degrees; and ``(C) compensation initiatives for individuals working in an early childhood education program that reflect the individuals' credentials, degrees and experience. ``SEC. 234. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM. ``In this part, the term `early childhood education program' means-- ``(1) a family child care program, center-based child care program, State prekindergarten program, school program, or other out-of-home early childhood development care program, that-- ``(A) is licensed or regulated by the State; and ``(B) serves 2 or more unrelated children from birth until entry into kindergarten; ``(2) a Head Start Program carried out under the Head Start Act; or ``(3) an Early Head Start Program carried out under section 645A of the Head Start Act. ``SEC. 235. GRANTS AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants to States in accordance with the provisions of this part to enable such States-- ``(1) to establish a State Task Force described in section 236; ``(2) to support the activities of the State Task Force described in section 237; and ``(3) to pay the costs of the activities described in the statewide plan submitted pursuant to section 238(b). ``(b) Competitive Basis.--Grants under this part shall be awarded on a competitive basis. ``(c) Duration.--Grants under this part shall be awarded for a period of 5 years. ``(d) Equitable Geographic Distribution.--In awarding grants under this part the Secretary shall take into consideration providing an equitable geographic distribution of the grants. ``SEC. 236. ESTABLISHMENT OF STATE EARLY CHILDHOOD EDUCATION PROFESSIONAL DEVELOPMENT AND CAREER SYSTEM TASK FORCE. ``(a) In General.--The Governor of the State shall establish, or may designate an existing entity to serve as, the State Early Childhood Education Professional Development and Career System Task Force (hereafter in this part referred to as the `State Task Force'). ``(b) Membership.--The State Task Force shall include, to the maximum extent possible-- ``(1) a representative of the State agency that administers the Child Care and Development Block Grant; ``(2) a representative of the State agency that regulates child care providers; ``(3) a representative of the State educational agency; ``(4) a representative of the State agency responsible for higher education; ``(5) a representative of the State entity that establishes requirements for teacher licensure, certification, or professional standards for early childhood educators; ``(6) the State Director of Head Start Collaboration; ``(7) a representative of an institution of higher education that awards an associate degree; ``(8) a representative of an institution of higher education that awards a baccalaureate or graduate degree; ``(9) 1 or more providers of an early childhood education program who represent the diverse range of early childhood education program settings; ``(10) a representative of the State network of child care resource and referral agencies; ``(11) a representative of a State organization representing providers of early childhood education programs that provide-- ``(A) professional development to staff in early childhood education programs; and ``(B) other assistance; ``(12) a representative of any statewide early childhood workforce scholarship or supplement initiative; and ``(13) a representative of any other entity the Governor of the State determines relevant to the activities of the State Task Force. ``SEC. 237. STATE TASK FORCE ACTIVITIES. ``(a) Activities.--The State Task Force shall-- ``(1) coordinate and communicate regularly with, and provide recommendations for a statewide early childhood professional development and career system to, the State early learning council or similar State entity charged with creating a comprehensive system of early childhood education in the State; ``(2) develop a plan for a comprehensive statewide professional development and career system, for individuals working in early childhood education programs or for early childhood education providers, that includes-- ``(A) methods of providing outreach to early childhood education program staff, directors, and administrators, including how outreach is made to non- English speaking providers, to enable the staff, directors, and administrators to be aware of the opportunities and resources available under the plan; ``(B) developing a unified data collection and dissemination system for early childhood education training, professional development, and higher education programs, and providing resources for paying the costs of enrollment and completion in such training, professional development, and programs; ``(3) conduct a periodic statewide survey concerning-- ``(A) the demographics of individuals working in early childhood education programs in the State, including information disaggregated by-- ``(i) race, gender, and ethnicity; ``(ii) compensation levels; ``(iii) type of early childhood education program setting; ``(iv) specialized knowledge of child development; ``(v) years of experience in an early childhood education program; and ``(vi) attainment of-- ``(I) academic credit for coursework; ``(II) an academic degree; ``(III) a credential; ``(IV) licensure; or ``(V) certification in early childhood education; and ``(B) opportunities for and barriers to high quality professional development, training, and higher education degree programs, in early childhood development and learning; ``(4) develop a statewide professional development and career lattice providing for a variety of early childhood professional roles with varying professional qualifications and responsibilities for early childhood education personnel, including strategies to enhance the compensation (salaries and benefits) of such personnel, and provide resources for paying the costs of enrollment and completion in the training, professional development, and programs related to the career lattice; ``(5) assist 2- and 4-year public and private institutions of higher education to develop articulation agreements and mechanisms, including transforming diverse training, professional development, and experience into academic credit; ``(6) provide for mentoring and coaching programs to support new teachers in and directors of early childhood education programs; ``(7) provide for career development advising with respect to the field of early childhood education, including informing an individual regarding-- ``(A) entry into and continuing education requirements for professional roles in the field; ``(B) available financial assistance; and ``(C) professional development and career advancement in the field; ``(8) support programs of institutions of higher education that provide an associate, a baccalaureate, or a graduate degree in early childhood education in order to meet the standards a of national accrediting agency or association for such degree program; and ``(9) provide for a system of quality assurance with respect to the early childhood education professional development and career system, including standards or qualifications for individuals and entities who offer training and professional development in early childhood education. ``(b) Public Hearings.--The State Task Force shall hold public hearings and provide an opportunity for public comment on the activities described in the statewide plan described in section 238(b). ``(c) Periodic Review.--After submission to the Secretary of a statewide plan described in section 238(b), the State Task Force shall meet periodically to review implementation of the statewide plan and to recommend any changes to the statewide plan the State Task Force determines necessary. ``SEC. 238. STATE APPLICATION AND STATEWIDE PLAN. ``(a) In General.--Each State desiring a grant under this part shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may reasonably require. Each such application shall include a description of-- ``(1) the membership of the State Task Force; ``(2) the activities for which assistance will be used; ``(3) other Federal, State, local, and private resources that will be available to support the activities of the State Task Force described in section 237; ``(4) the availability within the State of training, teacher preparation, professional development, compensation initiatives, and career systems related to early childhood education; and ``(5) the resources available within the State for such training, teacher preparation, professional development, compensation initiatives, and career systems. ``(b) Contents of Statewide Plan.--Not later than 1 year after receiving a grant under this part, a State shall submit a statewide plan to the Secretary that shall-- ``(1) describe other Federal, State, local, and private resources that will be used in combination with a grant under this section to develop or expand the State's early childhood education professional development and career system; ``(2) describe the ways in which the State will-- ``(A) coordinate the various State and local activities that support the early childhood education professional development and career system; and ``(B) ensure that individuals working in early childhood education programs in the State reflect the diversity of children served by the programs; ``(3) describe the ways in which the State will use the funds received under this part and any other funds available to the State to carry out the activities described in section 237; and ``(4) describe the ways the State Task Force will carry out the activities described in section 237. ``SEC. 239. REPORT AND EVALUATION. ``(a) State Report.--Each State receiving a grant under this part shall-- ``(1) evaluate the activities assisted under this part to determine-- ``(A) the effectiveness of the activities assisted under this part in achieving State goals; ``(B) the impact of a career lattice for individuals working in early childhood education programs; ``(C) the impact of the activities assisted under this part on licensing or regulating requirements for individuals in the field of early childhood development; ``(D) the impact of the activities assisted under this part and the impact of the statewide plan on the quality of education, professional development and training related to early childhood education programs that is offered in the State; and ``(E) the change in compensation and retention of individuals working in early childhood education programs within the State resulting from the activities assisted under this part; and ``(2) submit a report at the end of the grant period to the Secretary regarding the evaluation described in paragraph (1). ``(b) Secretary's Evaluation.--Not later than September 30, 2013, the Secretary, in consultation with the Secretary of Health and Human Services, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives an evaluation of the State reports submitted under subsection (a)(2). ``SEC. 240. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2008 and each of the 4 succeeding fiscal years.''.

Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award competitive grants to states for the establishment of a task force composed of state, higher education, and early childhood education representatives and tasked with planning and reviewing the implementation of statewide early childhood education professional development and career systems. Includes among task force duties: (1) developing a professional development and career lattice that provides for a variety of early childhood professional roles with varying professional qualifications and responsibilities, including strategies that offer compensation commensurate with a individual's credentials and training support; (2) assisting institutions of higher education to develop articulation agreements that convert diverse training into academic credits; (3) supporting undergraduate and graduate degree programs in early childhood education; and (4) subjecting the system to quality assurance measures. Directs state grantees to submit their statewide plans for such systems to the Secretary within one year of receiving a grant.

A bill to provide for a statewide early childhood education professional development and career system, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Impact Act of 2011''. SEC. 2. PURPOSE. The purposes of this Act are the following: (1) To declare that the impact of Federal regulations on jobs and job prospects in the United States is a significant and relevant consideration to all Federal regulatory policy actions and henceforth should be taken into account by Federal regulators when they decide to take actions under their respective statutory authorities. (2) To express the concern of Congress that Federal regulators consider the cumulative impact of multiple proposed Federal regulations on jobs and jobs prospects in the United States and that the cumulative impact of such regulations should be given all due consideration and weighed in the balance with the other purposes sought to be achieved by such regulatory measures. SEC. 3. DUTY TO ASSESS THE IMPACT OF FEDERAL ACTION ON JOBS AND JOB OPPORTUNITIES. (a) In General.--The Congress authorizes and directs, to the fullest extent possible, that all agencies of the Federal Government shall-- (1) utilize a systematic, interdisciplinary approach which shall ensure the integrated use of the relevant fields of research and learning in planning and decisionmaking which may have an impact on jobs and job opportunities; (2) identify and develop methods and procedures, in consultation with the Council on Economic Advisors, Office of the President, which will ensure that presently unquantified impacts on jobs and job opportunities may be given appropriate consideration in decisionmaking along with environmental and other considerations; and (3) include in every recommendation or report on proposals for legislation and other major Federal actions with potentially significant effects on jobs and job opportunities, a jobs impact statement as described in subsection (b). (b) Jobs Impact Statement.-- (1) Contents.--A jobs impact statement required under subsection (a) shall include a detailed statement by the responsible official on-- (A) the impact of the proposed action on jobs and job opportunities, including an assessment of the jobs that would be lost, gained, or sent overseas as a result of the proposed action; (B) any adverse effect on jobs and job opportunities which could not be avoided should the proposal be implemented; (C) alternatives and modifications to the proposed action that could avoid negative impacts on jobs and job opportunities; and (D) the relationship between any local short-term impacts on jobs and job opportunities and the maintenance and enhancements of long-term productivity and environmental values. (2) Consultation with relevant federal agencies.--Prior to preparing a jobs impact statement, the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any jobs or job opportunities impacts involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies that are authorized to develop and enforce policies and programs relevant to jobs and job opportunities, shall be made available to the Council of Economic Advisors and to the public as provided by section 552 of title 5, United States Code, and shall accompany the proposal through the existing agency review process. (3) Cumulative impact of proposed actions.--In determining the impact of a proposed action on jobs and job opportunities, the responsible Federal official shall take into account the cumulative impact on jobs and job opportunities of concurrently pending proposals affecting a particular industry or sector of the economy, and shall not make a finding of no significant impact solely on the basis of examining the impacts of a single proposal in isolation from other pending proposals. (4) Combining environmental and job impact statements.--A jobs impact statement required under this Act may be combined with a detailed statement of environmental impacts required to be prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if both statements are required with respect to the same proposed action. SEC. 4. CONFORMITY OF ADMINISTRATIVE PROCEDURES. All agencies of the Federal Government shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit full compliance with the purposes and provisions of this Act, and shall propose to the President not later than one year after enactment of this Act, such measures as may be necessary to bring their authority and policies into conformity with the intent, purposes, and procedures set forth in this Act. SEC. 5. NO JUDICIAL REVIEW OF JOBS IMPACT STATEMENTS. Implementation of this Act, including a jobs impact statement prepared in accordance with this Act, shall not be subject to judicial review.

Employment Impact Act of 2011 - Requires federal agencies to: (1) assess the impact of federal actions on jobs and job opportunities, (2) include in every recommentation or report on legislative proposals and regulartory actions a jobs impact statement, and (3) review their statutory authority, regulations, and policies and procedures to ensure compliance with the purposes and provisions of this Act. Exempts implementation of this Act, including such job impact statements, from judicial review.

To require Federal agencies to assess the impact of Federal action on jobs and job opportunities, and for other purposes.

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SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Defense Conversion Assistance Act of 1994''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. TITLE I--SMALL BUSINESS DEFENSE CONVERSION LOAN GUARANTEE PROGRAM Sec. 101. Defense conversion loan guarantee authorizations. Sec. 102. Technical clarification. Sec. 103. Reaching additional small business concerns. Sec. 104. Separate appropriations requirement. TITLE II--MISCELLANEOUS SMALL BUSINESS ADMINISTRATION AUTHORITIES Sec. 201. Small business development center defense conversion assistance program. Sec. 202. Job creation and community benefit. Sec. 203. Development company loan program reauthorization. Sec. 204. Disaster loan temporary personnel. TITLE I--SMALL BUSINESS DEFENSE CONVERSION LOAN GUARANTEE PROGRAM SEC. 101. DEFENSE CONVERSION LOAN GUARANTEE AUTHORIZATIONS. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) in subsection (l), as added by section 405(3) of the Small Business Credit and Business Opportunity Enhancement Act of 1992-- (A) by striking ``(l) There'' and inserting the following: ``(3) There''; and (B) by striking ``subsection (k)'', and inserting ``paragraphs (1) and (2)''; (2) by redesignating subsection (k), as added by section 405(3) of the Small Business Credit and Business Opportunity Act of 1992, as subsection (l); (3) in subsection (l), as redesignated, by inserting after paragraph (1) the following new paragraph: ``(2) The Administration is authorized to make not more than $4,000,000,000 in loans on a guaranteed basis, in accordance with section 7(a)(21), such amount to remain available without fiscal year limitation.''; (4) in subsection (n)-- (A) by striking ``(n) There'' and inserting the following: ``(3) There''; and (B) by striking ``subsection (m)'' and inserting ``paragraphs (1) and (2)''; (5) in subsection (m), by inserting after paragraph (1) the following new paragraph: ``(2) The Administration is authorized to make not more than $4,000,000,000 in loans on a guaranteed basis, in accordance with section 7(a)(21), such amount to remain available without fiscal year limitation.''; (6) by redesignating subsection (o) as subsection (n); (7) in subsection (n), as redesignated, by inserting after paragraph (1) the following new paragraph: ``(2) The Administration is authorized to make not more than $4,000,000,000 in loans on a guaranteed basis, in accordance with section 7(a)(21), such amount to remain available without fiscal year limitation.''; and (8) in subsection (p)-- (A) by striking ``(p) There'' and inserting the following: ``(3) There''; and (B) by striking ``subsection (o)'' and inserting ``paragraphs (1) and (2)''. SEC. 102. TECHNICAL CLARIFICATION. Section 7(a)(21)(A) of the Small Business Act (15 U.S.C. 636(a)(21)(A)) is amended by striking ``under the'' and inserting ``on a guaranteed basis under the''. SEC. 103. REACHING ADDITIONAL SMALL BUSINESS CONCERNS. Section 7(a)(21)(A)(i) of the Small Business Act (15 U.S.C. 636(a)(21)(A)(i)) is amended-- (1) in subclause (I), by striking ``or'' at the end; and (2) by adding at the end the following new subclause: ``(III) a substantial reduction in the revenues of the small business concern due to an overall reduction in economic activity within the community from which such small business concern derives revenues, if such reduction in economic activity is a direct result of the factors described in subclause (I) or (II); or''. SEC. 104. SEPARATE APPROPRIATIONS REQUIREMENT. Section 7(a)(21)(C) of the Small Business Act (15 U.S.C. 636(a)(21)(C)) is amended by adding at the end the following: ``Loans authorized under this paragraph shall be funded through appropriations that are separate and distinct from the appropriations account that funds general guaranteed business loans authorized under this section.''. TITLE II--MISCELLANEOUS SMALL BUSINESS ADMINISTRATION AUTHORITIES SEC. 201. SMALL BUSINESS DEVELOPMENT CENTER DEFENSE CONVERSION ASSISTANCE PROGRAM. (a) Authorization of Appropriations.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following new paragraph: ``(7) Authorization of appropriations for defense conversion assistance program.-- ``(A) In general.-- ``(i) Authorization.--There are authorized to be appropriated, either directly or through transfer from another Federal department or agency, $15,000,000 for each of fiscal years 1995, 1996, and 1997 to carry out subsection (c)(3)(G). ``(ii) Separate funding.--Activities carried out under subsection (c)(3)(G) shall be funded through appropriations that are separate and distinct from the appropriations account that funds Small Business Development Centers authorized under this section. ``(B) Matching requirement.--Notwithstanding paragraph (5), the Administration shall require, as a condition of any grant (or amendment or modification thereof) made under subsection (c)(3)(G), that an additional amount equal to 50 percent of such grant be provided from sources other than the Federal Government. Such amount may be provided in cash or by indirect or in-kind contribution.''. (b) Funds to Small Business Development Centers.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)), as amended by subsection (a), is amended by adding at the end the following new paragraph: ``(8) Funds to small business development centers.-- Notwithstanding any other provision of law, amounts made available to a Small Business Development Center to carry out this section, either directly or through transfer from another Federal department or agency, shall not be included in the calculation of the amount of Administration assistance made available to the Small Business Development Center for purposes of paragraph (4) or (5).''. (c) Technical and Conforming Amendments.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended-- (1) in paragraph (4), by striking ``Except as provided in paragraph (4)'' and inserting ``Except as provided in paragraphs (5) and (7)''; and (2) in paragraph (5), by striking ``required in paragraph (3)'' and inserting ``required by paragraph (4)''. SEC. 202. JOB CREATION AND COMMUNITY BENEFIT. Section 7(a)(21) of the Small Business Act (15 U.S.C. 636(a)(21)) is amended by adding at the end the following new subparagraph: ``(E) Job creation and community benefit.--In providing assistance under this paragraph, the Administration shall develop procedures to ensure, to the maximum extent practicable, that such assistance is used for projects that-- ``(i) have the greatest potential for-- ``(I) creating new jobs for individuals whose employment is involuntarily terminated due to reductions in Federal defense expenditures; or ``(II) preventing the loss of jobs by employees of small business concerns described in subparagraph (A)(i); and ``(ii) have substantial potential for stimulating new economic activity in communities most impacted by reductions in Federal defense expenditures.''. SEC. 203. DEVELOPMENT COMPANY LOAN PROGRAM REAUTHORIZATION. Section 20(i)(2)(C) of the Small Business Act (15 U.S.C. 631 note) is amended by striking ``$1,200,000,000'' and inserting ``$1,500,000,000''. SEC. 204. DISASTER LOAN TEMPORARY PERSONNEL. Section 5(b)(8) of the Small Business Act (15 U.S.C. 634(b)(8)) is amended by striking ``six months'' and inserting ``12 months''. Amend the title so as to read: ``A bill to authorize funding for the small business defense conversion programs and the Development Company Loan Program of the Small Business Administration, and for other purposes.''.

TABLE OF CONTENTS: Title I: Small Business Defense Conversion Loan Guarantee Program Title II: Miscellaneous Small Business Administration Authorities Small Business Defense Conversion Assistance Act of 1994 - Title I: Small Business Defense Conversion Loan Guarantee Program - Amends the Small Business Act (the Act) to authorize the Small Business Administration (SBA) to make up to $4 billion in guaranteed loans for the small business defense conversion program (a program aiding small businesses adversely affected by military base closures or defense program terminations). Adds to small businesses eligible for such loans those experiencing substantial revenue reduction because of an overall reduction in economic activity in a community due to such closures or terminations. Requires such defense conversion loans to be funded through appropriations that are separate and distinct from funds appropriated for general business loans under the Act. Title II: Miscellaneous Small Business Administration Authorities - Authorizes appropriations for FY 1995 through 1997 under the Small Business Development Center Program for the defense conversion assistance program. Requires 50 percent of such grant amounts to be provided by non-Federal sources. Prohibits any such amounts from being included in the calculation of the amount of SBA assistance to the Development Center Program. Directs the SBA to develop procedures to ensure that assistance is provided for projects that have the greatest potential for creating new jobs in areas experiencing terminations or reductions due to reductions in defense spending or for preventing job loss by small business employees, and that have substantial potential for stimulating new economic activity in communities most impacted by reductions in defense spending. Increases the amount authorized for the Small Business Development Company loan program. Authorizes the SBA Administrator to pay transportation expenses and per diem for up to 12 months (currently six) for SBA employees rendering temporary services in connection with disaster assistance.

Small Business Defense Conversion Assistance Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Megaprojects Accountability and Oversight Act of 2015''. SEC. 2. ADDITIONAL REQUIREMENTS FOR CERTAIN TRANSPORTATION PROJECTS. (a) In General.--Section 106 of title 23, United States Code, is amended by adding at the end the following: ``(k) Megaprojects.-- ``(1) Megaproject defined.--In this subsection, the term `megaproject' means a project that has an estimated total cost of $2,500,000,000 or more, and such other projects as may be identified by the Secretary. ``(2) Comprehensive risk management plan.--A recipient of Federal financial assistance under this title for a megaproject shall, in order to be authorized for construction, submit to the Secretary a comprehensive risk management plan that contains-- ``(A) a description of the process by which the recipient will identify, quantify, and monitor the risks that might result in cost overruns, project delays, reduced construction quality, or reductions in benefits with respect to the megaproject; ``(B) examples of mechanisms the recipient will use to track risks identified pursuant to subparagraph (A); ``(C) a plan to control such risks; and ``(D) such assurances as the Secretary considers appropriate that the recipient will, with respect to the megaproject-- ``(i) regularly submit to the Secretary updated cost estimates; and ``(ii) maintain and regularly reassess financial reserves for addressing known and unknown risks. ``(3) Peer review group.-- ``(A) In general.--A recipient of Federal financial assistance under this title for a megaproject shall, not later than 90 days after the date when such megaproject is authorized for construction, establish a peer review group for such megaproject that consists of at least 5 individuals (including at least 1 individual with project management experience) to give expert advice on the scientific, technical, and project management aspects of the megaproject. ``(B) Membership.-- ``(i) In general.--Not later than 180 days after the date of the enactment of this subsection, the Secretary shall establish guidelines describing how a recipient described in subparagraph (A) shall-- ``(I) recruit and select members for a peer review group established under such subparagraph; and ``(II) make publicly available the criteria for such selection and the identity of members so selected. ``(ii) Conflict of interest.--No member of a peer review group for a megaproject may have a direct or indirect financial interest in such megaproject. ``(C) Tasks.--A peer review group established under subparagraph (A) by a recipient of Federal financial assistance for a megaproject shall-- ``(i) meet annually until completion of the megaproject; ``(ii) not later than 90 days after the date of the establishment of the peer review group and not later than 90 days after the date of any significant change, as determined by the Secretary, to the scope, schedule, or budget of the megaproject, review the scope, schedule, and budget of the megaproject, including planning, engineering, financing, and any other elements determined appropriate by the Secretary; and ``(iii) submit a report on the findings of each review under clause (ii) to the Secretary, Congress, and the recipient. ``(4) Transparency.--A recipient of Federal financial assistance under this title for a megaproject shall publish on the Internet Web site of such recipient-- ``(A) the name, license number, and license type of each engineer supervising an aspect of the megaproject; and ``(B) the report submitted under paragraph (3)(C)(iii), not later than 90 days after such submission.''. (b) Applicability.--The amendment made by subsection (a) applies with respect to projects that are authorized for construction on or after the date that is 1 year after the date of the enactment of this Act.

Transportation Megaprojects Accountability and Oversight Act of 2015 This bill requires a recipient of federal financial assistance under National Highway System provisions for a megaproject (a project that has an estimated total cost of $2.5 billion or more and such other projects as may be identified by the Department of Transportation [DOT]), in order to be authorized for construction, to submit to DOT a comprehensive risk management plan that contains: a description of the process by which the recipient will identify, quantify, and monitor the risks that might result in cost overruns, project delays, reduced construction quality, or reductions in benefits; examples of mechanisms the recipient will use to track such risks; a plan to control such risks; and assurances that the recipient will regularly submit updated cost estimates and maintain and regularly reassess financial reserves for addressing risks. A recipient also must establish a peer review group to give expert advice on the scientific, technical, and project management aspects of the project. Each peer review group must: meet annually until the project is completed; review the project within 90 days after any significant change in its scope, schedule, or budget; and report on the findings of each review to DOT, Congress, and the recipient. Each recipient must publish such report on its website, along with the name, license number, and license type of each engineer supervising an aspect of the project.

Transportation Megaprojects Accountability and Oversight Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Passenger Van Safety Act of 2003''. SEC. 2. DEFINITIONS. In this Act: (1) 15-passenger van.--The term ``15-passenger van'' means a van designed or used to carry 9 to 15 passengers, including the driver. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. TITLE I--ENHANCED VAN SAFETY SEC. 101. DYNAMIC ROLLOVER TESTING PROGRAM. (a) Requirement for Rollover Testing.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall, under Section 30117(c) of title 49, United States Code-- (1) develop a dynamic test on rollovers by 15-passenger vans for the purposes of a consumer information program; and (2) carry out a program of conducting such tests. (b) Amendment.--Section 30117(c) of title 49, United States Code, is amended by-- (1) in paragraph (1), striking ``Not later than 2 years from the date of the enactment of this subsection,''; and (2) in paragraph (3), after ``or less'', inserting ``, and to vans designed or used to carry 9 to 15 passengers, including the driver, irrespective of gross vehicle weight rating''. SEC. 102. NEW CAR ASSESSMENT PROGRAM. The Secretary shall require the testing of 15-passenger vans at various load condition levels as part of the rollover resistance program of the National Highway Traffic Safety Administration's New Car Assessment Program. SEC. 103. TESTING AND EVALUATION OF VAN STABILITY TECHNOLOGICAL SYSTEMS. (a) Requirement for Testing and Evaluation.--The Secretary shall test and evaluate various technological systems to determine the effectiveness of such systems in assisting drivers of 15-passenger vans to control the vans under conditions that cause vehicle rollover. (b) Systems Tested.--The technological systems tested and evaluated under this section shall include electronic stability control systems, rear-view mirror-based rollover warning systems, traction systems, lane departure systems, and antilock brakes. (c) Consultation.--The Secretary shall consult with manufacturers of 15-passenger vans in the testing and evaluation of technological systems under this section. SEC. 104. APPLICATION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION REGULATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue a final rule initiated pursuant to the proposed rulemaking published in the Federal Register on January 11, 2001, Docket No. FMCSA-2000-7017, relating to the application of Federal Motor Carrier Safety Regulations to the commercial operation of 15-passenger vans. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title. TITLE II--APPLICABILITY OF SCHOOL BUS SAFETY STANDARDS SEC. 201. PROHIBITION ON PURCHASE, RENTAL, OR LEASE OF NONCOMPLYING 15- PASSENGER VANS FOR USE AS SCHOOLBUSES. (a) Prohibition.--Section 30112(a) of title 49, United States Code, is amended-- (1) by inserting ``(1)'' before ``Except as provided in this section''; and (2) by adding at the end the following: ``(2) Except as provided in this section, sections 30113 and 30114 of this title, and subchapter III of this chapter, a person may not purchase, rent, or lease any motor vehicle designed or used to transport 9 to 15 passengers that the person knows or reasonably should know will be used significantly to transport preprimary, primary, and secondary school students to or from school or an event related to school, unless the motor vehicle complies with the motor vehicle standards prescribed for schoolbuses under section 30125 of this title.''. (b) Limitation on Application.--Subsection (a) shall not apply to any purchase, rental, or lease of a motor vehicle required under a contract entered into before the date of the enactment of this Act. SEC. 202. PENALTY. Section 30165(a)(1) of title 49, United States Code, is amended-- (1) by striking ``A'' before ``person'' and inserting ``(A) Except as provided in subparagraph (B) of this paragraph, a''; and (2) by adding at the end the following: ``(B) The maximum amount of a civil penalty under this paragraph shall be $25,000, in the case of-- ``(i) the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a schoolbus or schoolbus equipment (as those terms are defined in section 30125(a) of this title) in violation of section 30112(a)(1) of this title; or ``(ii) a violation of section 30112(a)(2) of this title. ``(C) Subparagraph (B) does not affect the maximum penalty that may be imposed under subparagraph (A) for a related series of violations. ``(D) Notwithstanding section 3302(b) of title 31, penalties collected under subparagraph (B)-- ``(i) shall be credited as offsetting collections to the account that funds the enforcement of subparagraph (B); ``(ii) shall be available for expenditure only to pay the costs of such enforcement; and ``(iii) shall remain available until expended.''.

Passenger Van Safety Act of 2003 - Directs the Secretary of Transportation to: (1) develop a dynamic test on rollovers by 15-passenger vans for the purposes of a consumer information program, and carry out a program of conducting such tests; and (2) require the testing of 15-passenger vans at various load condition levels as part of the rollover resistance program of the National Highway Traffic Safety Administration's New Car Assessment Program. Directs the Secretary to test and evaluate various technological systems (including electronic stability control systems, rear-view mirror-based rollover warning systems, traction systems, lane departure systems, and antilock brakes) to determine their effectiveness in assisting drivers of 15-passenger vans to control them under conditions that cause vehicle rollover. Requires the Secretary to issue a final rule initiated pursuant to a specified proposed rulemaking on the application of Federal Motor Carrier Safety Regulations to the commercial operation of 15-passenger vans. Amends the Federal transportation code to prohibit any person from purchasing, renting, or leasing any motor vehicle designed or used to transport nine to 15 passengers that the person knows or reasonably should know will be used significantly to transport preprimary, primary, and secondary school students to or from school or an event related to school, unless the motor vehicle complies with the certain motor vehicle standards prescribed for schoolbuses. Establishes a civil penalty for violation of this prohibition, or for manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation, of a schoolbus or related equipment that fails to meet such standards.

To require increased safety testing of 15-passenger vans, ensure the compliance of 15-passenger vans used as schoolbuses with motor vehicle safety standards applicable to schoolbuses, and for other purposes.

SECTION 1. SHORT TITLE. This title may be cited as the ``Agricultural Assistance Act of 2005''. SEC. 2. DEFINITIONS. In this title: (1) Covered commodity.--The term ``covered commodity'' has the meaning given the term in section 1001 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901). (2) Disaster county.--The term ``disaster county'' means a county included in the geographic area covered by a natural disaster declaration and each county contiguous to a county included in the geographic area covered by a natural disaster declaration. (3) Eligible noninsurable commodity.--The term ``eligible noninsurable commodity'' means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (4) Insurable commodity.--The term ``insurable commodity'' means an agricultural commodity (excluding livestock) produced in an area that is eligible for coverage under a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (5) Livestock assistance program.--The term ``livestock assistance program'' means-- (A) the 2002 Cattle Feed Program announced by the Secretary on September 3, 2002 (67 Fed. Reg. 56260), to the extent extended to cover 2005 natural disaster declarations; (B) the 2002 Livestock Compensation Program, as announced by the Secretary on October 10, 2002 (67 Fed. Reg. 63070), and modified in accordance with section 203(a) of the Agricultural Assistance Act of 2003 (title II of division N of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; 117 Stat. 539; 7 U.S.C. 3801 note) and section 5(a); and (C) the livestock loss assistance program required by section 5(b). (6) Natural disaster declaration.--The term ``natural disaster declaration'' means-- (A) a natural disaster declared by the Secretary during calendar year 2005 under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) or declared by the Secretary during calendar year 2006 under such section, but regarding which a request was pending as of December 31, 2005; or (B) a major disaster or emergency designated by the President during calendar year 2005 under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or designated by the President during calendar year 2006 under such Act, but regarding which a request was pending as of December 31, 2005. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. SUPPLEMENTAL DIRECT PAYMENTS FOR COVERED COMMODITIES. (a) Payments Required.--The Secretary shall make payments to producers on a farm eligible for direct payments for the 2005 crop of a covered commodity under section 1103 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7913) if-- (1) the farm is located in a disaster county; or (2) the producers on the farm have incurred qualifying crop losses with respect to the 2005 crop of a covered commodity due to damaging weather or related condition, as determined by the Secretary, using the same loss thresholds for the quantity and quality losses as were used in administering section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106- 387; 114 Stat. 1549, 1549A-55). (b) Amount.--The amount of the payment made to the producers on a farm under this section shall be equal to 50 percent of the amount of the direct payment the producers on the farm are eligible to receive for the 2005 crop under sections 1103 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7913). (c) Crop Insurance.--As a condition of the receipt of a payment under this section, the producers on the farm shall enter into a contract with the Secretary under which the producers on the farm agree-- (1) in the case of the covered commodity and all other insurable commodities produced on the farm for each of the next two crop years-- (A) to obtain at least catastrophic risk protection coverage for those commodities under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and (B) in the event of violation of the contract, to repay to the Secretary any payment received under this section; and (2) in the case of all eligible noninsurable commodities produced on the farm for each of the next two crop or calendar years, as applicable-- (A) to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for those commodities under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); and (B) in the event of violation of the contract, to repay to the Secretary any payment received under this section. (d) Administration.--The total amount of payments made to a person under this section for one or more covered commodities shall not exceed the dollar amounts that are specified in section 1001(b)(1) of the Food Security Act of 1985 (7 U.S.C. 1308(b)(1)). (e) Relation to Other Assistance.--Persons that elect to receive payments under this section for a covered commodity are not eligible for crop loss assistance under section 4 for the same commodity. (f) Time for Payment.--The Secretary shall make payments under this section as soon as practicable after the date of enactment of this Act. SEC. 4. CROP LOSS ASSISTANCE. (a) Assistance Available.--The Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that have incurred losses in a disaster county as a result of the disaster for which the natural disaster declaration was made, as determined by the Secretary. (b) Administration.--Subject to subsection (a), the Secretary shall make assistance available under this section in the same manner as provided under section 1102 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 note; Public Law 105-277), including using the same loss thresholds as were used in administering that section. (c) Qualifying Losses.--Assistance under this section may be made for losses associated with crops that are, as determined by the Secretary-- (1) quantity losses; (2) quality losses; or (3) severe economic losses due to damaging weather or related condition. (d) Crops Covered.--Assistance under this section shall be applicable to losses for all crops (including losses of trees from which a crop is harvested, livestock, and fisheries), as determined by the Secretary, due to the disaster for which the natural disaster declaration was made. (e) Relation to Other Assistance.--Persons that elect to receive assistance under this section for a covered commodity are not eligible for supplemental direct payments for the same covered commodity under section 3. (f) Crop Insurance.--In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm that have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). SEC. 5. LIVESTOCK ASSISTANCE. (a) Continuation of Assistance Program.--Subject to subsection (c), the Secretary shall continue to carry out the 2002 Livestock Compensation Program announced by the Secretary on October 10, 2002 (67 Fed. Reg. 63070), and under such Program, the Secretary shall provide assistance to any applicant that-- (1) conducts a livestock operation that is physically located in a disaster county and meets all other eligibility requirements established by the Secretary for the Program; or (2) produces an animal described in section 10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1)) and meets all other eligibility requirements established by the Secretary for the Program. (b) Livestock Loss Assistance Program.--Subject to subsection (c), the Secretary shall use $250,000,000 of funds of the Commodity Credit Corporation to carry out a program to make payments to producers for livestock losses occurring in a disaster county. The payments shall be made using the criteria established to carry out the 1999 Livestock Assistance Program. (c) Relationship of Livestock Assistance Programs.--The amount of assistance that the producers on a farm would receive for a loss under a livestock assistance program, in the absence of the operation of this subsection, shall be reduced by the amount of the assistance that the producers on the farm receive under any other livestock assistance program. (d) Use of Commodity Credit Corporation Funds.--Effective beginning on the date of enactment of this Act, the Secretary shall carry out the 2002 Livestock Compensation Program using funds of the Commodity Credit Corporation. SEC. 6. EMERGENCY SURPLUS REMOVAL. The Secretary shall transfer $250,000,000 of funds of the Commodity Credit Corporation to the fund established by section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to carry out emergency surplus removal of agricultural commodities. SEC. 7. SPECIALTY CROPS. The Secretary shall use $50,000,000 of funds of the Commodity Credit Corporation to provide assistance to producers directly or through grants to States, or take such other action as the Secretary determines is appropriate, to assist producers of fruits and vegetables. SEC. 8. COTTONSEED. The Secretary shall use $50,000,000 of funds of the Commodity Credit Corporation to provide assistance to producers and first handlers of the 2005 crop of cottonseed. SEC. 9. ADDITIONAL HURRICANE ASSISTANCE. (a) In General.--In any State described in section 359f(c)(1)(A) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ff(c)(1)(A)) in a which a natural disaster declaration is in effect, the Secretary shall make available to first processors that are eligible to obtain a loan under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) assistance in the form of payments, or commodities in the inventory of the Commodity Credit Corporation from carrying out that section, to partially compensate producers and first processors for crop and other losses that are related to the natural disaster declaration. (b) Administration.--Assistance under this section shall be-- (1) shared by an affected first processor with affected producers that provide commodities to the processor in a manner that reflects contracts entered into between the processor and the producers; and (2) made available under such terms and conditions as the Secretary determines are necessary to carry out this section. (c) Quantity.--To carry out this section, the Secretary shall-- (1) use 200,000 tons of commodities in the inventory of the Commodity Credit Corporation under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)); (2) make payments in an aggregate amount equal to the market value of 200,000 tons of commodities described in paragraph (1); or (3) take any combination of actions described in paragraphs (1) and (2) using commodities or payments with a total market value of 200,000 tons of commodities described in paragraph (1). SEC. 10. FUNDING. (a) In General.--The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act, and such funds shall remain available until expended. (b) Administration.--The Secretary, acting through the Farm Service Agency, may use not more than $70,000,000 of funds of the Commodity Credit Corporation to cover administrative costs associated with the implementation of this Act and title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.), and such funds shall remain available until expended. SEC. 11. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act 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.

Agricultural Assistance Act of 2005 - Directs the Secretary of Agriculture to make payments to producers on a farm eligible for 2005 direct payments for a covered commodity if: (1) the farm is located in a disaster county; or (2) the producers on the farm have incurred qualifying 2005 crop losses due to damaging weather or related conditions. Requires as a condition for such assistance that producers of: (1) a covered commodity and other insurable commodities for each of the next two crop years obtain at least federal crop catastrophic risk protection, and in the event of contract violation repay any assistance received; and (2) eligible noninsurable commodities for each of the next two crop or calendar years file the required paperwork, and pay the administrative fee by the state filing deadline, and in the event of contract violation repay any assistance received. Directs the Secretary to: (1) make emergency financial assistance to producers (crop, timber, fisheries, and livestock producers) who have incurred losses in a disaster-designated county; (2) use Commodity Credit Corporation (CCC) funds to carry out the 2002 Livestock Compensation Program for livestock producers in a disaster county, and for catfish producers; (3) transfer CCC funds for emergency surplus removal of agricultural commodities; (4) use CCC funds for assistance to fruit and vegetable producers, and for producers and first handlers of the 2005 cottonseed crop; and (5) make CCC commodity or payment assistance to certain loan-eligible first processors in a disaster-designated state to partially compensate producers and first processors for crop and other losses related to such natural disaster.

To provide emergency assistance to agricultural producers who have suffered losses as a result of drought, Hurricane Katrina, and other natural disasters occurring during 2005, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Church Plan Parity and Entanglement Prevention Act of 1999''. SEC. 2. COVERAGE IN CERTAIN CASES OF CERTAIN CHURCH PLANS UNDER PROVISIONS OF ERISA SUPERSEDING CERTAIN STATE LAWS. (a) Section 4 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1003) is amended-- (1) in subsection (b)(2), by adding at the end the following: ``except that section 514 shall apply as provided in subsection (c) with respect to a church plan to the extent such section provides for the superseding of State insurance law and such plan meets the requirements of subsection (c),''; and (2) by adding at the end the following new subsection: ``(c)(1) A church plan meets the requirements of this subsection if-- ``(A) the plan is established and maintained by a church or a convention or association of churches, including an organization described in section 3(33)(C)(i); ``(B) such church, convention or association of churches, or organization has engaged in substantial operations for more than 5 years in connection with the administration or funding of 1 or more employee benefit plans; and ``(C) such church, convention or association of churches, or organization has filed with the Secretary before the end of each plan year to which this subsection applies an affidavit of a fiduciary attesting that the plan (including any trust forming a part of the plan) meets the requirements of this subsection, specifying the name of the plan, the address of the principal place of business of the plan, the name of the plan administrator, the address of the plan administrator, the total number of participants, and providing such additional information as the Secretary may determine by regulation may be provided without significant burden to the plan. The Secretary shall consult with the National Association of Insurance Commissioners in issuing regulations under subparagraph (C). ``(2) The requirements of this subsection shall be construed so as to maintain a rebuttable presumption against the superseding of State law. ``(3) For purposes of this subsection, the term `church plan' excludes any other entity, irrespective of any affiliation with the plan (or with a trust forming a part of the plan), to the extent that such entity's principle purpose or function is other than the administration or funding of benefits under an employee benefit plan for the employees of a church or convention or association of churches. ``(4) Except as specifically provided in paragraph (5), nothing in this subsection shall be construed to affect any State law-- ``(A) to the extent that it applies to an insurance company, or insurer, including a health maintenance organization or provider service organization; or ``(B) which is enacted for the purpose of the regulation of the business of insurance, except to the extent that such law is applied directly to a church plan meeting the requirements of this subsection (or any trust forming a part of the plan). ``(5) This title shall supersede any provision of State law which, solely because a church plan meeting the requirements of this subsection (or a trust forming a part of such plan) does not comply with a State law otherwise superseded by this title, prohibits-- ``(A) an agent or broker, otherwise authorized to engage in the sale of insurance within a State, from engaging in a sale of insurance in connection with a church plan meeting the requirements of this subsection (or a trust forming a part of such a plan); ``(B) an insurer, otherwise authorized to engage in the sale of stop-loss insurance, from issuing a stop-loss policy in connection with a church plan meeting the requirements of this subsection (or a trust forming a part of such a plan); or ``(C) a service provider, otherwise authorized to engage in the provision of services within a State, from providing services in connection with a church plan meeting the requirements of this subsection. ``(6) Nothing in this subsection shall be construed to-- ``(A) alter, amend, modify, invalidate, impair, or supersede any other law of the United States or any rule or regulation issued under any such law; ``(B) alter, amend, modify, invalidate, impair, or supersede any law of any State, or any rule or regulation issued under any such law, unless specifically so provided in this subsection; ``(C) alter, amend, modify, invalidate, impair, or supersede any State law to the extent that it imposes requirements on policies or contracts of insurance purchased by church plans meeting the requirements of this subsection; or ``(D) alter, amend, modify, invalidate, impair, or supersede any State law which applies to a function other than the function of operating a church plan meeting the requirements of this subsection. ``(7) For purposes of this subsection, the terms `State' and `State law' have the meanings provided such terms under section 514(c).''. SEC. 3. NO INFERENCE. Nothing in this Act may be construed to raise any inference with respect to the applicability to any church plan (or trust forming a part of a church plan) of any State law which is not expressly superseded by reason of the amendments made by this Act. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act.

Church Plan Parity and Entanglement Prevention Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for the preemption of State law in certain cases relating to specified types of church plans.

Church Plan Parity and Entanglement Prevention Act of 1999

SECTION 1. SENSE OF CONGRESS ON IRAQ. (a) Findings.--Congress makes the following findings: (1) We respect the constitutional authorities given a President in Article II, Section 2, which states that ``The President shall be commander in chief of the Army and Navy of the United States;'' it is not the intent of this Act to question or contravene such authority, but to accept the offer to Congress made by the President on January 10, 2007, that, ``if members have improvements that can be made, we will make them. If circumstances change, we will adjust''. (2) The United States' strategy and operations in Iraq can only be sustained and achieved with support from the American people and with a level of bipartisanship. (3) Over 137,000 American military personnel are currently serving in Iraq, like thousands of others since March 2003, with the bravery and professionalism consistent with the finest traditions of the United States armed forces, and are deserving of the support of all Americans, which they have strongly. (4) Many American service personnel have lost their lives, and many more have been wounded, in Iraq, and the American people will always honor their sacrifices and honor their families. (5) The U.S. Army and Marine Corps, including their Reserve and National Guard organizations, together with components of the other branches of the military, are under enormous strain from multiple, extended deployments to Iraq and Afghanistan. (6) These deployments, and those that will follow, will have lasting impacts on the future recruiting, retention and readiness of our nation's all volunteer force. (7) In the National Defense Authorization Act for Fiscal Year 2006, the Congress stated that ``calendar year 2006 should be a period of significant transition to full sovereignty, with Iraqi security forces taking the lead for the security of a free and sovereign Iraq''. (8) United Nations Security Council Resolution 1723, approved November 28, 2006, ``determin[ed] that the situation in Iraq continues to constitute a threat to international peace and security''. (9) Iraq is experiencing a deteriorating and ever-widening problem of sectarian and intra-sectarian violence based upon political distrust and cultural differences between some Sunni and Shia Muslims. (10) Iraqis must reach political settlements in order to achieve reconciliation, and the failure of the Iraqis to reach such settlements to support a truly unified government greatly contributes to the increasing violence in Iraq. (11) The responsibility for Iraq's internal security and halting sectarian violence must rest primarily with the Government of Iraq and Iraqi Security Forces. (12) U.S. Central Command Commander General John Abizaid testified to Congress on November 15, 2006, ``I met with every divisional commander, General Casey, the Corps Commander, [and] General Dempsey. We all talked together. And I said, in your professional opinion, if we were to bring in more American troops now, does it add considerably to our ability to achieve success in Iraq? And they all said no. And the reason is, because we want the Iraqis to do more. It's easy for the Iraqis to rely upon us to do this work. I believe that more American forces prevent the Iraqis from doing more, from taking more responsibility for their own future''. (13) Iraqi Prime Minister Nouri al-Maliki stated on November 27, 2006, that ``The crisis is political, and the ones who can stop the cycle of aggravation and bloodletting of innocents are the politicians''. (14) There is growing evidence that Iraqi public sentiment opposes the continued U.S. troop presence in Iraq, much less increasing the troop level. (15) In the fall of 2006, leaders in the Administration and Congress, as well as recognized experts in the private sector, began to express concern that the situation in Iraq was deteriorating and required a change in strategy; and, as a consequence, the Administration began an intensive, comprehensive review by all components of the Executive branch to devise a new strategy. (16) In December 2006, the bipartisan Iraq Study Group issued a valuable report, suggesting a comprehensive strategy that includes ``new and enhanced diplomatic and political efforts in Iraq and the region, and a change in the primary mission of U.S. forces in Iraq that will enable the United States to begin to move its combat forces out of Iraq responsibly''. (17) On January 10, 2007, following consultations with the Iraqi Prime Minister, the President announced a new strategy (hereinafter referred to as the ``plan''), which consists of three basic elements: diplomatic, economic, and military; the central component of the military element is an augmentation of the present level of U.S. military forces through additional deployments of approximately 21,500 U.S. military troops to Iraq. (18) On January 10, 2007, the President said that the ``Iraqi government will appoint a military commander and two deputy military commanders for their capital'' and that U.S. forces will ``be embedded in their formations;'' and in subsequent testimony before the Armed Services Committee on January 25, 2007, by the retired former Vice Chief of the Army, it was learned that there will also be a comparable U.S. command in Baghdad, and that this dual chain of command may be problematic because ``the Iraqis are going to be able to move their forces around at times where we will disagree with that movement,'' and called for clarification. (19) This proposed level of troop augmentation far exceeds the expectations of many of us as to the reinforcements that would be necessary to implement the various options for a new strategy, and led many members of Congress to express outright opposition to augmenting our troops by 21,500. (20) The Government of Iraq has promised repeatedly to assume a greater share of security responsibilities, disband militias, consider Constitutional amendments and enact laws to reconcile sectarian differences, and improve the quality of essential services for the Iraqi people; yet, despite those promises, little has been achieved. (21) The President said on January 10, 2007, that ``I've made it clear to the Prime Minister and Iraq's other leaders that America's commitment is not open-ended'' so as to dispel the contrary impression that exists. (22) The recommendations in this Act should not be interpreted as precipitating any immediate reduction in, or withdrawal of, the present level of forces. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Senate disagrees with the ``plan'' to augment our forces by 21,500, and urges the President instead to consider all options and alternatives for achieving the strategic goals set forth below; (2) the Senate believes that the United States should continue vigorous operations in Anbar province, specifically for the purpose of combating an insurgency, including elements associated with the Al Qaeda movement, and denying terrorists a safe haven; (3) the Senate believes a failed state in Iraq would present a threat to regional and world peace, and the long-term security interests of the United States are best served by an Iraq that can sustain, govern, and defend itself, and serve as an ally in the war against extremists; (4) the Congress should not take any action that will endanger United States military forces in the field, including the elimination or reduction of funds for troops in the field, as such action with respect to funding would undermine their safety or harm their effectiveness in pursuing their assigned missions; (5) the primary objective of the overall U.S. strategy in Iraq should be to encourage Iraqi leaders to make political compromises that will foster reconciliation and strengthen the unity government, ultimately leading to improvements in the security situation; (6) the military part of this strategy should focus on maintaining the territorial integrity of Iraq, denying international terrorists a safe haven, conducting counterterrorism operations, promoting regional stability, supporting Iraqi efforts to bring greater security to Baghdad, and training and equipping Iraqi forces to take full responsibility for their own security; (7) United States military operations should, as much as possible, be confined to these goals, and should charge the Iraqi military with the primary mission of combating sectarian violence; (8) the military Rules of Engagement for this plan should reflect this delineation of responsibilities, and the Secretary of Defense and the Chairman of the Joint Chiefs of Staff should clarify the command and control arrangements in Baghdad; (9) the United States Government should transfer to the Iraqi military, in an expeditious manner, such equipment as is necessary; (10) the United States Government should engage selected nations in the Middle East to develop a regional, internationally sponsored peace-and-reconciliation process for Iraq; (11) the Administration should provide regular updates to the Congress, produced by the Commander of United States Central Command and his subordinate commanders, about the progress or lack of progress the Iraqis are making toward this end; and (12) our overall military, diplomatic and economic strategy should not be regarded as an ``open-ended'' or unconditional commitment, but rather as a new strategy that hereafter should be conditioned upon the Iraqi government's meeting benchmarks that must be delineated in writing and agreed to by the Iraqi Prime Minister. Such benchmarks should include, but not be limited to, the deployment of that number of additional Iraqi security forces as specified in the plan in Baghdad, ensuring equitable distribution of the resources of the Government of Iraq without regard to the sect or ethnicity of recipients, enacting and implementing legislation to ensure that the oil resources of Iraq benefit Sunni Arabs, Shia Arabs, Kurds, and other Iraqi citizens in an equitable manner, and the authority of Iraqi commanders to make tactical and operational decisions without political intervention. (c) Frequency of Reports on Certain Aspects of Policy and Operations.--The United States Policy in Iraq Act (section 1227 of Public Law 109-163; 119 Stat. 3465; 50 U.S.C. 1541 note) is amended by adding at the end the following new subsection: ``(d) Frequency of Reports on Certain Aspects of United States Policy and Military Operations in Iraq.--Not later than 30 days after the date of the enactment of this subsection, and every 30 days thereafter until all United States combat brigades have redeployed from Iraq, the President shall submit to Congress a report on the matters set forth in paragraphs (1)(A), (1)(B), and (2) of subsection (c). To the maximum extent practicable each report shall be unclassified, with a classified annex if necessary.''.

Expresses the sense of Congress that: (1) the Senate disagrees with the plan to augment our forces in Iraq by 21,500 and urges the President to consider all options for achieving the strategic goals set forth below; (2) the Senate believes the United States should continue operations in Anbar province, specifically for the purpose of combating an insurgency, including Al Qaeda associated elements, and denying terrorists a safe haven; (3) the Senate believes a failed state in Iraq would present a threat to regional and world peace, and the long-term U.S. security interests are best served by an Iraq that can govern and defend itself and serve as an ally in the war against extremists; (4) Congress should not take any action that will endanger U.S. military forces in the field, including the elimination or reduction of funds for such troops; (5) the primary objective of U.S. strategy in Iraq should be to encourage Iraqi leaders to make political compromises that will strengthen the unity government and lead to security improvements; (6) the military part of this strategy should focus on maintaining Iraq's territorial integrity, denying international terrorists a safe haven, conducting counterterrorism operations, promoting regional stability, supporting Iraqi efforts to bring greater security to Baghdad, and training and equipping Iraqi forces; (7) U.S. military operations should, as much as possible, be confined to these goals and should charge the Iraqi military with the primary mission of combating sectarian violence; (8) the military Rules of Engagement for this plan should reflect this delineation of responsibilities and the Secretary of Defense and the Chairman of the Joint Chiefs of Staff should clarify the command and control arrangements in Baghdad; (9) the U.S. government should transfer necessary military equipment to the Iraqi military; (10) the U.S. government should engage selected nations in the Middle East to develop a regional, internationally sponsored peace-and-reconciliation process for Iraq; (11) the Administration should provide regular updates to Congress; and (12) our overall military, diplomatic, and economic strategy should not be regarded as open-ended but rather as a new strategy conditioned upon the Iraqi government's meeting delineated benchmarks agreed to by the Iraqi Prime Minister. Amends the United States Policy in Iraq Act to require the President to report monthly to Congress respecting specified aspects of U.S. policy and military operations in Iraq until U.S. combat troops are redeployed from Iraq.

A bill to express the sense of Congress on Iraq.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Education Achievement Program Reauthorization Act of 2007''. SEC. 2. SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM. Sections 6211 and 6212 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345, 7345a) are amended to read as follows: ``SEC. 6211. USE OF APPLICABLE FUNDING. ``(a) Alternative Uses.-- ``(1) In general.--Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding that the agency is eligible to receive from the State educational agency for a fiscal year to carry out local activities authorized under any of the following provisions: ``(A) Part A of title I. ``(B) Part A or D of title II. ``(C) Title III. ``(D) Part A or B of title IV. ``(E) Part A of title V. ``(2) Notification.--An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1), by a date that is established by the State educational agency for the notification. ``(b) Eligibility.-- ``(1) In general.--A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if-- ``(A)(i)(I) the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or ``(II) each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and ``(ii) all of the schools served by the local educational agency are designated with a school locale code of Fringe Rural, Distant Rural, or Remote Rural, as determined by the Secretary; or ``(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in subparagraph (A)(ii). ``(2) Certification.--The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. ``(c) Applicable Funding Defined.--In this section, the term `applicable funding' means funds provided under any of the following provisions: ``(1) Subpart 2 and section 2412(a)(2)(A) of title II. ``(2) Section 4114. ``(3) Part A of title V. ``(d) Disbursement.--Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. ``(e) Applicable Rules.--Applicable funding under this section shall be available to carry out local activities authorized under subsection (a). ``SEC. 6212. GRANT PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to carry out activities authorized under any of the following provisions: ``(1) Part A of title I. ``(2) Part A or D of title II. ``(3) Title III. ``(4) Part A or B of title IV. ``(5) Part A of title V. ``(b) Allocation.-- ``(1) In general.--Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 6211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 6211(c) for the preceding fiscal year. ``(2) Determination of initial amount.-- ``(A) In general.--The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. ``(B) Special rule.--For any fiscal year for which the amount made available to carry out this part is $100,000,000 or more, subparagraph (A) shall be applied-- ``(i) by substituting `$25,000' for `$20,000'; and ``(ii) by substituting `$80,000' for `$60,000'. ``(3) Ratable adjustment.-- ``(A) In general.--If the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year. ``(B) Additional amounts.--If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced. ``(c) Disbursement.--The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that fiscal year. ``(d) Special Eligibility Rule.--A local educational agency that receives a grant under this subpart for a fiscal year is not eligible to receive funds for such fiscal year under subpart 2.''. SEC. 3. RURAL AND LOW-INCOME SCHOOL PROGRAM. Section 6221 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351) is amended to read as follows: ``SEC. 6221. PROGRAM AUTHORIZED. ``(a) Grants to States.-- ``(1) In general.--From amounts appropriated under section 6234 for this subpart for a fiscal year that are not reserved under subsection (c), the Secretary shall award grants (from allotments made under paragraph (2)) for the fiscal year to State educational agencies that have applications submitted under section 6223 approved to enable the State educational agencies to award grants to eligible local educational agencies for local authorized activities described in section 6222(a). ``(2) Allotment.--From amounts described in paragraph (1) for a fiscal year, the Secretary shall allot to each State educational agency for that fiscal year an amount that bears the same ratio to those amounts as the number of students in average daily attendance served by eligible local educational agencies in the State for that fiscal year bears to the number of all such students served by eligible local educational agencies in all States for that fiscal year. ``(3) Specially qualified agencies.-- ``(A) Eligibility and application.--If a State educational agency elects not to participate in the program under this subpart or does not have an application submitted under section 6223 approved, a specially qualified agency in such State desiring a grant under this subpart may submit an application under such section directly to the Secretary to receive an award under this subpart. ``(B) Direct awards.--The Secretary may award, on a competitive basis or by formula, the amount the State educational agency is eligible to receive under paragraph (2) directly to a specially qualified agency in the State that has submitted an application in accordance with subparagraph (A) and obtained approval of the application. ``(C) Specially qualified agency defined.--In this subpart, the term `specially qualified agency' means an eligible local educational agency served by a State educational agency that does not participate in a program under this subpart in a fiscal year, that may apply directly to the Secretary for a grant in such year under this subsection. ``(b) Local Awards.-- ``(1) Eligibility.--A local educational agency shall be eligible to receive a grant under this subpart if-- ``(A) 40 percent or more of the children ages 5 through 17 years served by the local educational agency are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act; and ``(B) all of the schools served by the agency are designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural, as determined by the Secretary. ``(2) Award basis.--A State educational agency shall award grants to eligible local educational agencies-- ``(A) on a competitive basis; ``(B) according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools in the State; or ``(C) according to an alternative formula, if, prior to awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency to allot the grant funds in a manner that serves equal or greater concentrations of children from families eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act, relative to the concentrations that would be served if the State educational agency used the formula described in subparagraph (B). ``(c) Reservations.--From amounts appropriated under section 6234 for this subpart for a fiscal year, the Secretary shall reserve-- ``(1) one-half of 1 percent to make awards to elementary schools or secondary schools operated or supported by the Bureau of Indian Affairs, to carry out the activities authorized under this subpart; and ``(2) one-half of 1 percent to make awards to the outlying areas in accordance with their respective needs, to carry out the activities authorized under this subpart. ``(d) Special Eligibility Rule.--A local educational agency that is eligible to receive a grant under this subpart and is also eligible to receive a grant under subpart 1, may receive a grant under this subpart for a fiscal year only if the local educational agency does not receive a grant under subpart 1 for such fiscal year.''.

Rural Education Achievement Program Reauthorization Act of 2007 - Amends part B (Rural Education Initiative) of title VI of the Elementary and Secondary Education Act of 1965 to revise the Small, Rural School Achievement program, which gives rural local educational agencies (LEAs) federal formula grants and greater flexibility in the use of state educational funds. Limits eligibility to LEAs whose schools are all designated with a school locale code of Fringe Rural, Distant Rural, or Remote Rural, unless located in an area the state defines as rural. Raises federal grant limits when funds available to implement the program equal or exceed $100 million. Alters LEAs' eligibility for federal funds under the Rural and Low-Income School program by requiring that: (1) at least 40% of the children ages 5 through 17 that LEAs serve be eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act; and (2) all of their schools be designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural.

A bill to amend the small rural school achievement program and the rural and low-income school program under part B of title VI of the Elementary and Secondary Education Act of 1965.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Science and Technology Research Act of 2013''. SEC. 2. FINDINGS. Congress finds that-- (1) the Federal Government funds basic and applied research with the expectation that new ideas and discoveries that result from the research, if shared and effectively disseminated, will advance science and improve the lives and welfare of people of the United States and around the world; (2) the Internet makes it possible for this information to be promptly available to every scientist, physician, educator, and citizen at home, in school, or in a library; and (3) the United States has a substantial interest in maximizing the impact and utility of the research it funds by enabling a wide range of reuses of the peer-reviewed literature that reports the results of such research, including by enabling computational analysis by state-of-the-art technologies. SEC. 3. DEFINITION OF FEDERAL AGENCY. In this Act, the term ``Federal agency'' means an Executive agency as defined under section 105 of title 5, United States Code. SEC. 4. FEDERAL RESEARCH PUBLIC ACCESS POLICY. (a) Requirement To Develop Policy.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, each Federal agency with extramural research expenditures of over $100,000,000 shall develop a Federal research public access policy that is consistent with and advances the purposes of the Federal agency. (2) Common procedures.--To the extent practicable, Federal agencies required to develop a policy under paragraph (1) shall follow common procedures for the collection and depositing of research papers. (b) Content.--Each Federal research public access policy shall provide for-- (1) submission to the Federal agency of an electronic version of the author's final manuscript of original research papers that have been accepted for publication in peer-reviewed journals and that result from research supported, in whole or in part, from funding by the Federal Government; (2) the incorporation of all changes resulting from the peer review publication process in the manuscript described under paragraph (1); (3) the replacement of the final manuscript with the final published version if-- (A) the publisher consents to the replacement; and (B) the goals of the Federal agency for functionality and interoperability are retained; (4) free online public access to such final peer-reviewed manuscripts or published versions as soon as practicable, but not later than 6 months after publication in peer-reviewed journals; (5) providing research papers as described in paragraph (4) in formats and under terms that enable productive reuse, including computational analysis by state-of-the-art technologies; (6) production of an online bibliography of all research papers that are publicly accessible under the policy, with each entry linking to the corresponding free online full text; and (7) long-term preservation of, and free public access to, published research findings-- (A) in a stable digital repository maintained by the Federal agency; or (B) if consistent with the purposes of the Federal agency, in any repository meeting conditions determined favorable by the Federal agency, including free public access, interoperability, and long-term preservation. (c) Application of Policy.--Each Federal research public access policy shall-- (1) apply to-- (A) researchers employed by the Federal agency whose works remain in the public domain; and (B) researchers funded by the Federal agency; (2) provide that works described under paragraph (1)(A) shall be-- (A) marked as being public domain material when published; and (B) made available at the same time such works are made available under subsection (b)(4); and (3) make effective use of any law or guidance relating to the creation and reservation of a Government license that provides for the reproduction, publication, release, or other uses of a final manuscript for Federal purposes. (d) Exclusions.--Each Federal research public access policy shall not apply to-- (1) research progress reports presented at professional meetings or conferences; (2) laboratory notes, preliminary data analyses, notes of the author, phone logs, or other information used to produce final manuscripts; (3) classified research, research resulting in works that generate revenue or royalties for authors (such as books) or patentable discoveries, to the extent necessary to protect a copyright or patent; or (4) authors who do not submit their work to a journal or works that are rejected by journals. (e) Patent or Copyright Law.--Nothing in this Act shall be construed to affect any right under the provisions of title 17 or 35, United States Code. (f) Report.-- (1) In general.--Not later than October 1 of each year, the head of each Federal agency shall submit a report on the Federal research public access policy of that agency to-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Government Reform of the House of Representatives; (C) the Committee on Science and Technology of the House of Representatives; (D) the Committee on Commerce, Science, and Transportation of the Senate; (E) the Committee on Health, Education, Labor, and Pensions of the Senate; and (F) any other committee of Congress of appropriate jurisdiction. (2) Content.--Each report under this subsection shall include-- (A) a statement of the effectiveness of the Federal research public access policy in providing the public with free online access to papers on research funded by the Federal agency; (B) the results of a study by the agency of the terms of use applicable to the research papers described in subsection (b)(4), including-- (i) a statement of whether the terms of use applicable to such research papers are effective in enabling productive reuse and computational analysis by state-of-the-art technologies; and (ii) an examination of whether such research papers should include a royalty-free copyright license that is available to the public and that permits the reuse of those research papers, on the condition that attribution is given to the author or authors of the research and any others designated by the copyright owner; (C) a list of papers published in peer-reviewed journals that report on research funded by the Federal agency; (D) a corresponding list of papers made available by the Federal agency as a result of the Federal research public access policy; and (E) a summary of the periods of time between public availability of each paper in a journal and in the online repository of the Federal agency. (3) Public availability.--The Federal agency shall make the statement under paragraph (2)(A) and the lists of papers under subparagraphs (B) and (C) of paragraph (2) available to the public by posting such statement and lists on the website of the Federal agency.

Fair Access to Science and Technology Research Act of 2013 - Requires each federal agency with extramural research expenditures of over $100 million to develop a federal research public access policy, following common procedures for the collection and depositing of research papers, that is consistent with, and that advances, the purposes of the agency. Makes each federal research public access policy applicable to: (1) researchers employed by the federal agency whose works remain in the public domain, and (2) researchers funded by the agency. Specifies exclusions. Requires each federal agency to submit an annual report on its federal research public access policy to specified congressional committees.

Fair Access to Science and Technology Research Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in our Human Resources Act of 2008''. SEC. 2. BLOCK GRANTS TO STATES FOR TRANSITIONAL ASSISTANCE. The Social Security Act is amended by adding at the end the following new title: ``TITLE XXII--BLOCK GRANTS TO STATES FOR TRANSITIONAL ASSISTANCE ``SEC. 2201. TRANSITIONAL ASSISTANCE TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the ``Transitional Assistance Trust Fund'', consisting of such amounts as may be appropriated or credited to the Transitional Assistance Trust Fund as provided in this section. ``(b) Transfer to Transitional Assistance Trust Fund of Amounts Equivalent to Certain Taxes.-- ``(1) In general.--There are hereby appropriated to the Transitional Assistance Trust Fund, out of any money in the Treasury not otherwise appropriated, amounts equivalent to the taxes received in the Treasury after September 30, 2009, that the Secretary of the Treasury determines are attributable to Internet gambling. ``(2) Method of transfer.--The amounts appropriated by paragraph (1) shall be transferred from time to time from the general fund in the Treasury to the Transitional Assistance Trust Fund. Such amounts shall be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in paragraph (1) of this subsection, paid to or deposited into the Treasury. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the taxes specified in paragraph (1) of this subsection. ``(c) Investment.-- ``(1) In general.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Transitional Assistance Trust Fund as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. For such purpose, such obligations may be acquired-- ``(A) on original issue at the issue price; or ``(B) by purchase of outstanding obligations at the market price. ``(2) Sale of obligations.--Any obligation acquired by the Transitional Assistance Trust Fund may be sold by the Secretary of the Treasury at the market price. ``(3) Interest on certain proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Transitional Assistance Trust Fund shall be credited to and form a part of the Transitional Assistance Trust Fund. ``(d) Expenditures From Transitional Assistance Trust Fund.-- Amounts in the Transitional Assistance Trust Fund shall be available, as provided by appropriation Acts, for making expenditures-- ``(1) to carry out section 2202; and ``(2) to carry out the Safe Internet Gambling Practices Program established under section 3 of the Investing in our Human Resources Act of 2008. ``SEC. 2202. TRANSITIONAL ASSISTANCE GRANT PROGRAM. ``(a) In General.--Each State shall be entitled to a payment under this section for each fiscal year in an amount equal to its allotment for such fiscal year, to be used by such State to carry out the State's plan for transitional assistance described in subsection (c), subject to the requirements of this section. ``(b) Plan Approval Required.--No State may receive a payment under this section unless the State submits the State's plan for transitional assistance described in subsection (c) to the Secretary and the Secretary approves such plan. ``(c) State Plan for Transitional Assistance.--A State plan for transitional assistance is described by this subsection if the plan-- ``(1) provides for expanded education opportunities for individuals who are, or were formerly, in foster care, including streamlining and coordinating education financing opportunities and providing counseling and assistance to such individuals for the purpose of ensuring completion of their academic goals; ``(2) provides for job training opportunities for individuals who are, or were formerly, in foster care; ``(3) provides, primarily through expanding access to and investment in community colleges, for expanded post-secondary education and job training opportunities that lead to a certificate, for individuals who are working in, or had worked in, declining sectors of the economy, as defined by the Secretary, and who want to pursue a new career in a sector of the economy with the potential for high wages and high growth, as defined by the Secretary; and ``(4) provides a subsidy for the use of public transportation by-- ``(A) individuals qualifying for benefits or services under title XX, including the Federal-State Unemployment Insurance Program; and ``(B) individuals participating in programs under the Workforce Investment Act. ``(d) Allotment.--The allotment for a fiscal year for a State receiving an allotment for such fiscal year shall be an amount equal to-- ``(1) the amount appropriated for such fiscal year under subsection (f), multiplied by ``(2) the ratio by which the population of the State bears to the population of all the States receiving an allotment for such fiscal year as determined by the Secretary (on the basis of the most recent data available from the Department of Commerce). ``(e) Definitions.--For purposes of this section: ``(1) In foster care.--The term `in foster care' means, with respect to an individual, an individual who is under the care and placement responsibility of the State agency responsible for administering a plan, in connection with such individual, under part B or part E of title IV. ``(2) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(3) State.--The term `State' means the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. ``(f) Authorization of Appropriations.--There are authorized to be appropriated for each fiscal year to the Secretary an amount from the Transitional Assistance Trust Fund equal to 90 percent of the total amount deposited into the Transitional Assistance Trust Fund pursuant to section 2201 during the previous fiscal year to carry out this section.''. SEC. 3. SAFE INTERNET GAMBLING PRACTICES PROGRAM. (a) In General.--The Secretary of Health and Human Services shall establish a national program to be known as the ``Safe Internet Gambling Practices Program''. The Safe Internet Gambling Practices Program shall-- (1) promote responsible Internet gambling behavior; and (2) promote the awareness of unsafe Internet gambling practices. (b) Authorization of Appropriations.--There are authorized to be appropriated for each fiscal year to the Secretary of Health and Human Services an amount from the Transitional Assistance Trust Fund equal to the amount deposited in the Transitional Assistance Trust Fund during the previous fiscal year not otherwise authorized to be appropriated under section 2202(f) of title XXII of the Social Security Act for such year to carry out this section.

Investing in our Human Resources Act of 2008 - Amends the Social Security Act to create a new title XXII: Block Grants to States for Transitional Assistance. Creates the Transitional Assistance Trust Fund, consisting of amounts equivalent to taxes attributable to Internet gambling. Entitles each state to a grant each fiscal year for a transitional assistance program which provides for: (1) expanded education and job training opportunities for individuals who are, or were formerly, in foster care; (2) expanded post-secondary education and job training opportunities for individuals who are working in, or had worked in, declining sectors of the economy; and (3) a subsidy for public transportation for unemployed individuals. Directs the Secretary of Health and Human Services to establish a Safe Internet Gambling Practices Program to promote responsible Internet gambling behavior and awareness of unsafe Internet gambling practices.

To amend the Social Security Act to establish a trust fund with proceeds from the taxing of internet gambling to provide opportunities to individuals who are, or were, in foster care and individuals in declining sectors of the economy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reverse Mortgage Elder Protection Act''. SEC. 2. COUNSELING AND DISCLOSURE REQUIREMENTS FOR REVERSE MORTGAGES. Section 138 of the Truth in Lending Act (15 U.S.C. 1648) is amended by adding at the end the following: ``(c) Required Statement Regarding Counseling.--A creditor may not take an application for a reverse mortgage unless the creditor has provided to the applicant for the reverse mortgage, before the applicant receives any counseling regarding reverse mortgages pursuant to subsection (e), the following written statement, disclosed clearly and conspicuously in type that is 16-point or larger: `IMPORTANT NOTICE TO REVERSE MORTGAGE LOAN APPLICANT: A REVERSE MORTGAGE IS A COMPLEX FINANCIAL TRANSACTION. IF YOU DECIDE TO OBTAIN A REVERSE MORTGAGE LOAN, YOU WILL SIGN BINDING LEGAL DOCUMENTS THAT WILL HAVE IMPORTANT LEGAL AND FINANCIAL IMPLICATIONS FOR YOU AND YOUR ESTATE. IT IS THEREFORE IMPORTANT TO UNDERSTAND THE TERMS OF THE REVERSE MORTGAGE AND ITS EFFECT. BEFORE ENTERING INTO THIS TRANSACTION, YOU ARE REQUIRED TO CONSULT WITH AN INDEPENDENT LOAN COUNSELOR. A LIST OF APPROVED COUNSELORS WILL BE PROVIDED TO YOU BY THE LENDER. SENIOR CITIZEN ADVOCACY GROUPS ADVISE AGAINST USING THE PROCEEDS OF A REVERSE MORTGAGE TO PURCHASE AN ANNUITY OR RELATED FINANCIAL PRODUCTS. IF YOU ARE CONSIDERING USING YOUR PROCEEDS FOR THIS PURPOSE, YOU SHOULD DISCUSS THE FINANCIAL IMPLICATIONS OF DOING SO WITH YOUR COUNSELOR AND FAMILY MEMBERS.'. ``(d) Counseling Checklist.-- ``(1) Requirement for creditor to provide counseling checklist before loan application.--A creditor may not take an application for a reverse mortgage unless the creditor provides to the applicant, before his or her meeting with a counseling agency regarding reverse mortgages pursuant to subsection (e), a written checklist that complies with paragraph (3). ``(2) Requirement for counseling agency to provide checklist.--If a consumer seeks counseling regarding reverse mortgages before requesting a loan application for a reverse mortgage from a creditor, the counseling agency shall provide the consumer with a written checklist that complies with paragraph (3). ``(3) Contents of checklist.--A written checklist, with respect to an applicant (or consumer, in the case described in paragraph (2)), complies with this paragraph only if the checklist meets the following requirements: ``(A) The checklist is in writing in 12-point type or larger. ``(B) The checklist conspicuously notifies the applicant (or consumer) under the reverse mortgage that he or she should discuss with the counselor of the counseling agency the following issues: ``(i) How unexpected medical or other events that cause the applicant (or consumer) to move out of the home, either permanently or for more than one year, earlier than anticipated will impact the projected total annual loan cost of the mortgage. ``(ii) The extent to which the applicant's (or consumer's) financial needs would be better met by options other than a reverse mortgage, including less costly home equity lines of credit, property tax deferral programs, or governmental aid programs. ``(iii) Whether the applicant (or consumer) intends to use the proceeds of the reverse mortgage to purchase an annuity or other insurance products and the consequences of doing so. ``(iv) The effect of repayment of the loan on nonborrowing residents of the home after all borrowers have died or permanently left the home. ``(v) The applicant's (or consumer's) ability to finance routine or catastrophic home repairs, especially if maintenance is a factor that may determine when the mortgage becomes payable. ``(vi) The impact that the reverse mortgage may have on the applicant's (or consumer's) tax obligations and eligibility for government assistance programs, and the effect that losing equity in the home will have on the applicant's (or consumer's) estate and heirs. ``(vii) The ability of the applicant (or consumer) to finance alternative living accommodations, such as assisted living or long-term care nursing home registry, after the applicant's (or consumer's) equity is depleted. ``(e) Counseling Requirement.--A creditor may not accept a final and complete application for a reverse mortgage from a consumer or assess any fees upon a consumer unless the creditor has complied with the following requirements: ``(1) Required counseling referral.--The creditor shall-- ``(A) refer the consumer to a housing counseling agency approved by the Secretary of Housing and Urban Development for counseling that meets the standards and requirements established by the Secretary for reverse mortgage counseling; and ``(B) provide the consumer with a list of at least 5 such housing counseling agencies approved by the Secretary, including at least two agencies that can provide counseling by telephone. ``(2) Required certification of counseling.--The creditor shall have received from the consumer or the authorized representative of the consumer-- ``(A) a written certification (which may be in the form of an electronic facsimile copy) that the consumer has received counseling regarding reverse mortgages from an agency as described in paragraph (1), which shall be signed by the consumer and the agency counselor providing such counseling, and shall include the date of the counseling and the name, address, and telephone number of both the counselor and the consumer; and ``(B) a copy of the checklist provided to the consumer pursuant to subsection (d) that is signed by the agency counselor providing such counseling, if the counseling was done in person, and by the consumer, and a copy of such signed checklist shall be provided to the consumer. The creditor shall maintain the certification described in paragraph (2)(A) in an accurate, reproducible, and accessible format for the entire term of the reverse mortgage.''.

Reverse Mortgage Elder Protection Act - Amends the Truth in Lending Act to prohibit a creditor from taking an application for a reverse mortgage unless the creditor has provided the applicant with: (1) a specified written cautionary statement before the applicant receives any counseling regarding reverse mortgages; (2) a specified written checklist before meeting with a counseling agency about reverse mortgages; and (3) a referral to a housing counseling agency for reverse mortgage counseling approved by the Department of Housing and Urban Development (HUD). Requires a counseling agency to provide the same kind of written checklist to a consumer that seeks counseling before requesting a loan application for a reverse mortgage. Prohibits a creditor from either accepting a final application for a reverse mortgage, or from assessing any related fees, unless the creditor has received from the consumer or the consumer's authorized representative: (1) a written certification that the consumer has received counseling regarding reverse mortgages from a HUD-approved agency; and (2) a copy of the prescribed checklist signed by the agency counselor and by the consumer.

To amend section 138 of the Truth in Lending Act to establish certain counseling and disclosure requirements with respect to reverse mortgages.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bias Crimes Compensation Act of 1997''. SEC. 2. CIVIL RIGHTS. (a) Findings.--The Congress finds that-- (1) bias-motivated crimes of violence constitute crimes in violation of the victim's right to be free from discrimination on the basis of actual or perceived race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability; (2) State and Federal criminal laws do not adequately protect against the bias element of bias-motivated crimes of violence, which separates these crimes from acts of random violence, nor do those laws adequately provide victims of bias- motivated crimes of violence the opportunity to vindicate their interests; (3) existing bias and discrimination in the criminal justice system often deprive victims of bias-motivated crimes of violence of equal protection of the laws and the redress to which they are entitled; (4) bias-motivated crimes of violence have a substantial adverse effect on interstate commerce, by deterring potential victims from traveling interstate, from engaging in employment in interstate business, and from transacting with business, and in places involved, in interstate commerce; (5) bias-motivated crimes of violence have a substantial adverse effect on interstate commerce, by diminishing national productivity, increasing medical and other costs, and decreasing the supply of and the demand for interstate products; (6) a Federal civil rights claim, as created in this section, is necessary to guarantee equal protection of the laws and to reduce the substantial adverse effects of bias-motivated crimes of violence on interstate commerce; and (7) victims of bias-motivated crimes of violence have a right to equal protection of the laws, including a system of justice that is unaffected by bias or discrimination and that, at every relevant stage, treats such crimes as seriously as other violent crimes. (b) Right.--All individuals within the United States, and the special maritime and territorial jurisdiction of the United States, shall have the right to be free from bias-motivated crimes of violence. (c) Claim.--Any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives an individual of the right secured by subsection (b) shall be liable to the individual injured, in a civil action in any court of competent jurisdiction, for compensatory damages of not less than $100,000, punitive damages, injunctive relief, declaratory relief, or any combination thereof. (d) Limitation, Procedure, and Rule of Construction.-- (1) Limitation.--Nothing in this section entitles an individual to a claim under subsection (c) for random acts of violence unrelated to bias or for acts that cannot be demonstrated, by a preponderance of the evidence, to be bias- motivated crimes of violence. (2) No prior criminal action.--Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the necessary elements of a claim under subsection (c). (3) Concurrent jurisdiction.--The Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this section. (4) Rule of construction.--Neither section 1367 of title 28 of the United States Code nor subsection (c) of this section shall be construed, by reason of a claim arising under such subsection, to confer on the courts of the United States supplemental jurisdiction of any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree. (e) Definitions.--For purposes of this section-- (1) the term ``bias-motivated'' means committed because of, on the basis of, and due to (at least in part) an animus based on, actual or perceived race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability of the victim; (2) the term ``crime of violence'' means-- (A) an act or series of acts that would constitute State or Federal offense of a kind described in section 16 of title 18, United States Code, and punishable by a maximum term of imprisonment exceeding one year, but excludes an offense against property that presents no serious risk of physical or mental disability injury to an individual; or (B) one or more actions that would constitute such offense but for the relationship between the person who takes such actions and the individual against whom such actions are taken; whether or not such offense or such actions result in criminal charges, prosecution, or conviction and whether or not such actions were taken within the United States or the special maritime and territorial jurisdiction of the United States; (3) the term ``disability'' has the meaning given it in section 3(2) of the Americans With Disabilities Act of 1990 (42 U.S.C. 12102(2)); and (4) the term ``special maritime and territorial jurisdiction of the United States'' has the meaning given such term in section 7 of title 18, United States Code. (f) Limitation on Removal.--Section 1445 of title 28, United States Code, is amended by adding at the end the following: ``(e) A civil action in any State court arising under section 2 of the Bias Crimes Compensation Act of 1993 may not be removed to any district court of the United States.''. (g) Authority To Award Attorney's Fee.--Section 722(b) of the Revised Statutes of the United States (42 U.S.C. 1988(b)) is amended by inserting ``section 2 of the Bias Crimes Compensation Act of 1993,'' after ``Public Law 92-318,''.

Bias Crimes Compensation Act of 1997 - Declares that all individuals within the United States, and its special maritime and territorial jurisdiction, shall have the right to be free from bias-motivated crimes of violence. Makes any person, including one who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives an individual of such right, liable to the individual injured, in a civil action in any court of competent jurisdiction, for compensatory damages of not less than $100,000, punitive damages, injunctive relief, declaratory relief, or any combination thereof. Specifies that nothing in this Act: (1) entitles an individual to a claim herein for random acts of violence unrelated to bias or for acts that cannot be demonstrated, by a preponderance of the evidence, to be bias-motivated crimes of violence; and (2) requires a prior criminal complaint, prosecution, or conviction to establish the necessary elements of such a claim. Grants the Federal and State courts concurrent jurisdiction over actions brought under this Act. Prohibits a civil action in State court arising under this Act from being removed to U.S. district court. Authorizes the court to award attorney's fees to the prevailing party in cases brought under this Act, subject to specified limitations.

Bias Crimes Compensation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Health Information Infrastructure Act of 2003''. SEC. 2. NATIONAL HEALTH INFORMATION INFRASTRUCTURE. (a) National Health Information Officer.-- (1) Appointment.--By not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall appoint an individual as the National Health Information Officer for the Department of Health and Human Services. (2) General duties.--Such Officer shall report directly to the Secretary and shall be responsible for developing and maintaining ongoing national leadership in the planning, development, and adoption of a national health information infrastructure. The Secretary may assign to the Officer other duties that would promote the goals of this Act. (3) Strategic plan.--Not later than 6 months after the date of the enactment of this Act, the National Health Information Officer shall, in cooperation with key stakeholders, develop a strategic plan to create a comprehensive national health information infrastructure that encompasses public-sector and private-sector health information activities. Such plans shall include a national agenda to guide policymaking, technology investments, research, and integration with ongoing public health, healthcare, and health information technology activities and a timeline for the specific duties described in subsection (d)(1). (4) Limited term of office.--The National Health Information Officer shall serve for a term of 5 years, after which, unless extended by Act of Congress, the office shall terminate. (b) Goals.--The goals of the national health information infrastructure are-- (1) to maximize positive outcomes in clinical care; (2) to minimize preventable medical errors, especially in hospitals and in the administration of contraindicated drugs; (3) to reduce redundant paperwork, such as the repeated taking of patient histories; (4) to decrease costs from duplicative or otherwise unnecessary testing or procedures; and (5) to establish a compatible information technology architecture that increases health care quality and cost- savings, enhances security of information, and avoids the financing and development of health information technology systems that are not readily compatible. (c) Collaboration With Stakeholders.-- (1) In general.--The Secretary shall assure that activities of the Department of Health and Human Services that relate to the national health information infrastructure are undertaken after consultation with and based on the recommendations of the parties described in paragraph (3). (2) Periodic meetings.--The Secretary, through the National Health Information Officer, shall convene as a group the parties described in paragraph (3). Such group shall meet periodically and collaborate to make recommendations to such Officer and the Secretary on the matters described in subsection (d). (3) Parties represented.--The parties described in this paragraph are experts from the fields of medical information, information technology, medical continuous quality improvement, and medical records security and privacy, appropriate staff experts from Federal agencies (including those within the Department of Health and Human Services) and representatives of the following: (A) The National Committee on Vital and Health Statistics, the National Institutes of Standards and Technology, the National Library of Medicine, and the Agency for Healthcare Research and Quality. (B) Individual and institutional health care clinical providers, including a teaching hospital and physicians. (C) Clinical and health services researchers. (D) Health care purchasers. (E) Private organizations with expertise in medical informatics. (F) Patient groups. (G) A State or local public health department. (H) The health care information technology industry and national alliances formed to achieve standards- based health care information systems. (d) Duties.--In carrying out subsection (a), the National Health Information Officer shall advise the Secretary on the following, in order to promote the goals described in subsection (b): (1)(A) Not later than 1 year after the date of the enactment of this Act, an assessment of-- (i) the best current practices in the development, purchase, and maintenance of medical information technology; and (ii) currently existing legal requirements for communication standards. (B) Not later than 2 years after the date of the enactment of this Act, recommendations for a uniform health information system interface, and methods for its adoption, to ensure compatibility between and among old and new information systems. (C) Recommendations for health and healthcare data standards (such as vocabulary and messaging), communications standards, and other medical standards (including a common lexicon) necessary to achieve the interoperability of health information systems. (2) Coordination of the evolution of the national health information infrastructure and working with other key stakeholders in the public and private sectors to develop a strategic plan that will ensure the interoperability of all elements of such infrastructure. (3) Coordination of spending across Federal agencies relating to the establishment of such infrastructure. (4) Development of policies to ensure compliance with all standards adopted under part C of title XI, including promotion of patient control of protected health information. (5) Avoidance of confusion and potential non-compliance with currently existing legal requirements. (e) Detail of Federal Employees.--Upon the request of the Secretary, the head of any Federal agency is authorized to detail, without reimbursement from the National Health Information Officer, any of the personnel of such agency to such Officer to assist the Officer in carrying out duties of the Officer under this section. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (f) Use of Funds Consistent With National Agenda.--The Secretary shall develop a process (such as requiring the approval of the National Health Information Officer) to assure that to the greatest extent feasible funds of the Department of Health and Human Services granted or spent for health information systems are used to further the national agenda developed pursuant to subsection (a)(3). (g) Authorization of Appropriations and Sunset.--There are authorized to be appropriated such sums as may be necessary for each fiscal year beginning with fiscal year 2004 to carry out this section. SEC. 3. DATA AND COMMUNICATIONS STANDARDS FOR INTEROPERABILITY. (a) In General.--Based on the recommendations provided under section 2(d)(1)(B), the Secretary shall develop or adopt (and shall periodically review and update) voluntary, national data and communications standards that promote the interoperability of health information technology systems across all public and private health care settings. The Secretary shall ensure thorough testing of data and communications standards before their implementation. In developing or adopting such standards, the Secretary shall take into account-- (1) the ability of such standards to enable clinically- specific data collection in order to promote evidence-based medicine and the electronic exchange of patient medical record information; and (2) the costs of compliance and the savings and other benefits from improved efficiency and quality in health care delivery. (b) Reports.-- (1) Initial report.--No later than 12 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report that includes a comprehensive national health information infrastructure strategic plan and information on progress on the assessments, the recommendations for the interface, and the recommendations for standards, under section 2(d). (2) Subsequent reports.--During each of the 2 years after the year in which the report is submitted under paragraph (1), the Secretary shall submit to Congress an annual report relating to additional recommendations, best practices, results of information technology improvements, analyses of private sector efforts to implement the data and communications standards established under this section, and such other matters as may help ensure the most rapid dissemination of best practices in health care information technology. (c) Contract Authority.--The Secretary is authorized to enter into contracts-- (1) for services and activities necessary to carry out this section and section 2; and (2) to the extent practicable, to test the standards under consideration under this section. (d) Dissemination.--The Secretary shall provide for the reviewing, updating, and disseminating the standards developed under this section. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal year beginning with fiscal year 2004 to carry out this section.

National Health Information Infrastructure Act of 2003 - Directs the Secretary of Health and Human Services to appoint a National Health Information Officer (the Officer) for the Department of Health and Human Services to maintain national leadership in the planning, development, and adoption of a national health information infrastructure (the infrastructure). Directs the Officer, in cooperation with key stakeholders, to develop a strategic plan for such infrastructure which shall contain various components, including a national agenda to guide policymaking, technology investments, and research. Specifies certain goals for the infrastructure, which include minimizing preventable medical errors and reducing redundant paperwork. Directs the Officer to advise the Secretary on various topics, including to help make an assessment of the best current practices in the development, purchase, and maintenance of medical information technology. Directs the Secretary to develop or adopt (and to periodically update) voluntary, national data and communications standards that promote the interoperability of health information technology systems across all public and private health care settings. Allows the Secretary to: (1) enter into contracts to carry out this Act; and (2) test potential national data and communications standards.

To provide for a National Health Information Infrastructure and data and communication standards for health Information system interoperability.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Resolution Trust Corporation Loss Reduction and Funding Act of 1993''. SEC. 2. FUNDING. Section 21A(i) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(i)) is amended-- (1) in paragraph (3), by striking ``until April 1, 1992''; and (2) by adding at the end the following new paragraphs: ``(4) Additional funding.--Pursuant to the request of the President and in addition to amounts provided under paragraphs (2) and (3), the Secretary of the Treasury shall provide, out of any money in the Treasury not otherwise appropriated, to the Corporation such sums as may be necessary not to exceed $25,000,000,000 to carry out the purposes of this section until April 1, 1994. ``(5) Reduction in funding in amount equal to supervisory goodwill buy-back program savings.--Of the amounts appropriated under paragraphs (3) and (4), the amount available for obligation shall be reduced by the amount which the Secretary determines is equal to the net reduction in the expenditures of the Corporation due to the supervisory goodwill buy-back program established under section 15 of the Home Owners' Loan Act.''. SEC. 3. REDUCTION OF RTC LOSSES. (a) Purpose.-- (1) In general.--It is the purpose of this section to directly reduce the amount of taxpayer funds which would otherwise be required to be appropriated to the Resolution Trust Corporation by removing the threat of large losses which would accrue in connection with the resolution of savings associations which would be healthy associations but for the supervisory goodwill acquired by such associations in transactions with Federal regulatory agencies. (2) No effect on supervisory goodwill litigation not involving qualified savings associations.--No court may take into account section 15 of the Home Owners' Loan Act (as added by the amendment made by subsection (b)) or the program established under such section 15 in considering any litigation between any savings association which is not a qualified savings association (as defined in such section 15) and the United States with regard to supervisory goodwill. (b) Establishment of Supervisory Goodwill Buy-Back Program.--The Home Owners' Loan Act (12 U.S.C. 1461 et seq.) is amended by adding at the end the following new section: ``SEC. 15. SUPERVISORY GOODWILL BUY-BACK PROGRAM. ``(a) Supervisory Goodwill Replaced With Tangible Capital.-- ``(1) In general.--Upon determining that a conservator or receiver is to be appointed for a savings association on or before the last day on which the Corporation may be appointed as conservator or receiver for a savings association in accordance with section 21A(b)(3)(A)(ii) of the Federal Home Loan Bank Act if no action is taken under this section, the Director shall, in consultation with the Resolution Trust Corporation-- ``(A) determine whether the savings association is a qualified savings association; and ``(B) if the association is a qualified savings association, pay the association the replacement amount from amounts made available pursuant to subsection (f). ``(2) Reduction in supervisory goodwill.--On receipt of any payment under paragraph (1), a qualified savings association shall reduce its supervisory goodwill by the amount of such payment. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified savings association.--The term `qualified savings association' means a savings association described in subsection (a)(1) which-- ``(A) would be, in the determination of the Director, a viable association, and would not be expected to fail, if the association participates in the program; and ``(B) has agreed to waive all claims the association may have against the Federal Government arising from changes in the statutory treatment of supervisory goodwill as set forth in section 5(t) since the creation of such goodwill on the books of the association. ``(2) Replacement amount.--The term `replacement amount' means, with respect to a qualified savings association, the lesser of-- ``(A) the determined amount; and ``(B) the least amount that, if paid to the association, would cause the association to be adequately capitalized (as defined in section 38 of the Federal Deposit Insurance Act) under all fully phased in capital standards. ``(3) Determined amount.--The term `determined amount' means, with respect to a savings association, an amount determined appropriate by the Office of Thrift Supervision, taking into account the circumstances of the association, which is-- ``(A) not less than the amount of the supervisory goodwill of the association, as of the date of the determination; and ``(B) not more than the amount of the supervisory goodwill of the association, as of the date of the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. ``(c) Capital Requirements.-- ``(1) Fully phased in capital standards.--If, after receipt of funds pursuant to subsection (a), a qualified savings association meets all fully phased in capital standards, then such standards shall apply to the association, notwithstanding any other provision of law. ``(2) Additional requirements.--The Office of Thrift Supervision may set additional capital requirements for qualified savings associations to ensure that such associations will progressively prepare to meet all applicable capital requirements. ``(d) Assessment Imposed.-- ``(1) In general.--The Director shall impose an annual assessment on each qualified savings association which receives the payment of any amount pursuant to subsection (a)(2)-- ``(A) beginning on or after the date of a determination by the Director that the savings association is sufficiently viable to begin paying such assessment; and ``(B) continuing until the aggregate amount of assessments paid under this subsection by the association equals or exceeds the aggregate amount received under subsection (a)(2) by the association. ``(2) Amount of assessment.--The amount of the annual assessment imposed on any savings association for any year shall be determined by the Director after considering-- ``(A) the viability and profitability of the association; ``(B) the amortization period which was applicable with respect to any supervisory goodwill of the association as of the date such goodwill was first entered on the books of the association; and ``(C) the amount received by the association pursuant to subsection (a)(2). ``(3) Deposit of assessments in treasury.-- ``(A) Transfer to secretary of the treasury.--All amounts received by the Director under this subsection shall be transferred to the Secretary of the Treasury. ``(B) Public debt reduction.--Amounts received by the Secretary of the Treasury under subparagraph (A) shall be deposited in the general fund of the Treasury and shall be used for the sole purpose of reducing the national debt. ``(e) Additional Limitations and Requirements.-- ``(1) Limitation on distribution of capital or payment of dividends.--No savings association may make any capital distribution or pay any dividend until the sum of the amount of the assessments imposed under subsection (d) equals or exceeds the replacement amount received by such association under subsection (a)(1)(B). ``(2) Other requirements.--The Office of Thrift Supervision may establish any other requirements needed to ensure the safe and sound operation of qualified savings associations. ``(f) Funding Provided by RTC.--The Resolution Trust Corporation shall provide such funds as may be necessary to carry out this section to the Director of the Office of Thrift Supervision from amounts made available to the Corporation under section 21A of the Federal Home Loan Bank Act.''. (c) Applicability to Certain Associations.--Upon the enactment of this Act, the Director of the Office of Thrift Supervision shall promptly make the determination required under section 15(a)(1)(A) of the Home Owners' Loan Act (as added by subsection (a) of this section) for any savings association for which the determination to appoint a conservator or receiver had been made before the date of the enactment of this Act but for which a conservator or receiver had not been appointed as of such date.

Resolution Trust Corporation Loss Reduction and Funding Act of 1993 - Amends the Federal Home Loan Bank Act to direct the Secretary of the Treasury to provide additional funding to the Resolution Trust Corporation (RTC). Prohibits any court from taking into account the supervisory goodwill buy-back program (established by this Act) when considering litigation between certain savings associations and the United States. Sets guidelines for a supervisory goodwill buy-back program which replaces the supervisory goodwill of a qualified savings association with tangible capital (thus precluding the closing of such institutions). Provides that if a qualified savings association meets all fully phased in capital standards after receiving funds for its goodwill, then such standards will apply to the association. Prescribes annual assessment guidelines for such qualified savings associations. Prohibits a savings association from making any capital distribution or paying any dividend until the sum of its imposed assessments equals or exceeds the replacement amount it has received. Requires the Director of the Office of Thrift Supervision to promptly determine upon enactment of this Act those savings associations eligible for inclusion in the supervisory goodwill buy-back program.

Resolution Trust Corporation Loss Reduction and Funding Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Plant Decommissioning Act of 2014''. SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS. Chapter 10 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end the following: ``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS. ``(a) Definitions.--In this section: ``(1) Affected state.--The term `affected State' means-- ``(A) the host State of a covered facility; and ``(B) each State that is within 50 miles of a covered facility. ``(2) Commission.--The term `Commission' means the Nuclear Regulatory Commission. ``(3) Covered facility.--The term `covered facility' means a facility of a licensee for which a PSDAR is required. ``(4) Host state.--The term `host State' means the State in which a covered facility is located. ``(5) Licensee.--The term `licensee' has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or any successor regulation). ``(6) PSDAR.--The term `PSDAR' means a post-shutdown decommissioning activities report submitted to the Commission and affected States under section 50.82(a)(4)(i) of title 10, Code of Federal Regulations (or any successor regulation). ``(b) Development; Initial Consultation.--A licensee shall develop a proposed PSDAR for a covered facility after consultation with-- ``(1) each affected State; and ``(2) each unit of local government and tribal government in the affected State that is located within 50 miles of the covered facility. ``(c) Submission to Commission; Additional Consultation.-- ``(1) In general.--After additional consultation with the entities described in subsection (b) with respect to the proposed PSDAR developed under that subsection, the licensee shall-- ``(A) submit to the Commission the proposed PSDAR; and ``(B) on submission of the proposed PSDAR under subparagraph (A), make the proposed PSDAR readily available to the public. ``(2) Public availability.--On receipt of the proposed PSDAR under paragraph (1), the Commission shall make the proposed PSDAR readily available to the public. ``(d) Public Participation.--During a period of at least 90 days beginning on the date on which the licensee submits the proposed PSDAR to the Commission under subsection (c), the Commission shall solicit public participation on the proposed PSDAR in the host State, including through-- ``(1) the solicitation of written comments from the public; and ``(2) the conduct of at least 2 public hearings within the host State. ``(e) Support or Nonsupport by Host State.-- ``(1) In general.--Not later than 60 days after the receipt of a proposed PSDAR for a covered facility, the Commission shall invite the host State to file with the Commission, by the date that is 60 days after the date on which the host State receives the invitation under this paragraph-- ``(A) a statement of support for the proposed PSDAR; ``(B) a statement of conditional support for the proposed PSDAR, with specific recommendations for changes that could lead the host State to support the proposed PSDAR; or ``(C) a statement of nonsupport for the proposed PSDAR. ``(2) Statement of support or nonsupport; failure to submit.-- ``(A) In general.--If the host State files a statement of support under paragraph (1)(A), a statement of nonsupport under paragraph (1)(C), or fails to file a statement with the Commission by the deadline specified in paragraph (1), the Commission shall issue a determination on whether the proposed PSDAR is adequate or inadequate-- ``(i) based on the considerations described in subparagraph (B); and ``(ii) after taking into account-- ``(I) any written comments submitted by the host State, other States, and local communities with respect to the proposed PSDAR; and ``(II) any input from the public under subsection (d). ``(B) Considerations.--The Commission shall consider a proposed PSDAR to be adequate under subparagraph (A) if the Commission determines that-- ``(i) the proposed PSDAR provides for the overall protection of human health and the environment; ``(ii) the licensee has a substantial likelihood of implementing the proposed PSDAR within the timeframe described in the proposed PSDAR; ``(iii) the proposed PSDAR is in accordance with applicable law (including regulations); and ``(iv) the licensee has proactively demonstrated that the licensee has, or will have, the funds required to fully implement the proposed PSDAR within the timeframe described in the proposed PSDAR. ``(C) Determination of adequacy.--If the Commission determines that the proposed PSDAR is adequate under subparagraph (A), the Commission shall issue a decision document approving the PSDAR. ``(D) Determination of inadequacy.--If the Commission determines that the proposed PSDAR is inadequate under subparagraph (A)-- ``(i) the Commission shall issue a decision rejecting the proposed PSDAR, including the reasons for the decision; and ``(ii) the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. ``(3) Conditional support by host state.-- ``(A) In general.--The Commission shall determine whether the proposed PSDAR is permissible under applicable law (including regulations) if the host State files a statement of conditional support for the proposed PSDAR with the Commission in accordance with paragraph (1)(B). ``(B) Changes.--For each change recommended by the host State under paragraph (1)(B), the Commission shall-- ``(i) provide for the inclusion of the change into the final PSDAR, unless the Commission determines the change to be inappropriate for inclusion, based on clear and convincing evidence provided by the licensee that-- ``(I) the change violates applicable law; or ``(II) the costs of the change substantially outweigh the safety, economic, or environmental benefits of the change to the host State; and ``(ii) provide the rationale for a determination of inappropriateness under clause (i). ``(C) Decision document.-- ``(i) In general.--Based on the determinations made under subparagraphs (A) and (B), the Commission shall issue a decision document that-- ``(I) accepts the proposed PSDAR with any changes recommended by the host State that are not determined to be inappropriate under subparagraph (B); or ``(II) rejects the proposed PSDAR. ``(ii) Applicable law.--A decision document issued under clause (i) shall be considered to be a final order entered in a proceeding under section 189(a). ``(D) Acceptance.--If the Commission approves the proposed PSDAR under subparagraph (C)(i)(I)-- ``(i) the PSDAR is final; and ``(ii) the licensee may begin implementation of the PSDAR. ``(E) Rejection.--If the Commission rejects the proposed PSDAR under subparagraph (C)(i)(II), the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. ``(f) Additional Requirement.--Notwithstanding any other provision of this section, a Commission shall not approve a PSDAR under this section unless the proposed PSDAR includes a requirement that the licensee comply with applicable State law relating to air, water, or soil quality or radiological standards with respect to the implementation of the proposed PSDAR if the applicable State law is more restrictive than the applicable Federal law.''.

Nuclear Plant Decommissioning Act of 2014 - Amends the Atomic Energy Act of 1954 to require a Nuclear Regulatory Commission (NRC) licensee, after consulting each affected state and local governments, to develop and submit to the NRC a post-shutdown decommissioning activities report (PSDAR) for any of the licensee's shutdown facilities for which a PSDAR is required. Requires the NRC to: (1) solicit written comments on the proposed PSDAR from the public and conduct at least two public hearings in the facility's host state; and (2) invite the host state to file a statement of support, of conditional support with specific recommendations for changes, or of nonsupport for the proposed PSDAR. Directs the NRC, after receiving the state's statement of support or nonsupport, to determine whether the proposed PSDAR is adequate or inadequate on the basis of specified considerations, and issue a decision of approval or disapproval, as appropriate. Prescribes requirements for determining whether a proposed PSDAR is permissible if the host state files a statement of conditional support. Requires a licensee to develop and submit a new proposed PSDAR if the first one is rejected. Prohibits the NRC from approving a proposed PSDAR unless it includes a requirement that the licensee comply with state law relating to air, water, or soil quality or radiological standards if they are more restrictive than federal law.

Nuclear Plant Decommissioning Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlined Environmental Reporting and Pollution Prevention Act of 2000''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Integrated reporting system.--The term ``integrated reporting system'' means the integrated environmental reporting system established under section 3. (3) Person.--The term ``person'' means an individual, trust, firm, joint stock company, corporation, partnership, or association, or a facility owned or operated by the Federal Government or by a State, tribal government, municipality, commission, or political subdivision of a State. (4) Reporting requirement.-- (A) In general.--The term ``reporting requirement'' means-- (i) a routine, periodic, environmental reporting requirement; and (ii) any other reporting requirement that the Administrator may by regulation include within the meaning of the term. (B) Exclusions.--The term ``reporting requirement'' does not include-- (i) the reporting of information relating to an emergency, except for information submitted as part of a routine periodic environmental report, and except for the purpose specified in subparagraph (C); or (ii) the reporting of information to the Administrator relating only to business transactions (and not to environmental or regulatory matters) between the Administrator and a person, including information provided-- (I) in the course of fulfilling a contractual obligation between the Administrator and the reporting person; or (II) in the filing of financial claims against the Administrator. (C) Certain data standards for reporting of information relating to an emergency.--The Administrator shall implement data standards under section 3(b)(5)(A) for the reporting of information relating to emergencies. SEC. 3. INTEGRATED REPORTING SYSTEM. (a) In General.--Not later than 4 years after the date of enactment of this Act, the Administrator shall integrate and streamline the reporting requirements established under laws administered by the Administrator for each person subject to those reporting requirements-- (1) in accordance with subsection (b); (2) to the extent not explicitly prohibited by Act of Congress; and (3) to the extent consistent with the preservation of the integrity, reliability, and security of the data reported. (b) Components of Reporting System.--In establishing the integrated reporting system, to ensure consistency and facilitate use of the system, the Administrator shall-- (1) allow each person required to submit information to the Administrator under reporting requirements administered by the Administrator to report the information to 1 point of contact-- (A) using a single electronic system or paper form; and (B) in the case of an annual reporting requirement, at 1 time during the year; (2)(A) allow each State, tribal, or local agency that has been authorized or delegated authority to implement a law administered by the Administrator to report information regarding any person subject to the law, as required under the law (including a regulation), agreement, or other instrument, authorizing or delegating the authority, to report to 1 point of contact-- (i) using a single electronic system; and (ii) in the case of an annual reporting requirement, at 1 time during each year; and (B) provide each State, tribal, or local agency that reports through the integrated reporting system full access to the data reported to the Administrator through the system; (3) provide a reporting person, upon request, full access to information reported by the person to the Administrator, or to any State, tribal, or local agency that was subsequently reported to the Administrator, in a variety of formats that includes a format that the person may modify by incorporating information applicable to the current reporting period and then submit to the Administrator to comply with a current reporting requirement; (4)(A) consult with heads of other Federal agencies to identify environmental or occupational safety or health reporting requirements that are not administered by the Administrator; and (B) as part of the electronic version of the integrated reporting system, post information that provides direction to the reporting person in-- (i) identifying requirements identified under subparagraph (A) to which the person may be subject; and (ii) locating sources of information on those requirements; (5) in consultation with a committee of representatives of State and tribal governments, reporting persons, environmental groups, information technology experts, and other interested parties (which, at the discretion of the Administrator, may occur through a negotiated rulemaking under subchapter IV of chapter 5 of title 5, United States Code), implement, and update as necessary, in each national information system of the Environmental Protection Agency that contains data reported under the reporting system established under this Act, data standards for-- (A) the facility site (including a facility registry identifier), geographic coordinates, mailing address, affiliation, organization, environmental interest, industrial classification, and individuals that have management responsibility for environmental matters at the facility site; (B) units of measure; (C) chemical, pollutant, waste, and biological identification; and (D) other items that the Administrator considers to be appropriate; (6) in consultation with the committee referred to in paragraph (5), implement, and update as necessary, a nomenclature throughout the integrated reporting system that uses terms that the Administrator believes are understandable to reporting persons that do not have environmental expertise; (7) consolidate reporting of data that, but for consolidation under this paragraph, would be required to be reported to the integrated reporting system at more than 1 point in the same data submission; (8) provide for applicable data formats and submission protocols, including procedures for legally enforceable electronic signature in accordance with the Government Paperwork Elimination Act (44 U.S.C. 3504 note) that, as determined by the Administrator-- (A) conform, to the maximum extent practicable, with public-domain standards for electronic commerce; (B) are accessible to a substantial majority of reporting persons; and (C) provide for the integrity and reliability of the data reported sufficient to satisfy the legal requirement of proof beyond a reasonable doubt; (9) establish a National Environmental Data Model that describes the major data types, significant attributes, and interrelationships common to activities carried out by the Administrator and by State, tribal, and local agencies (including permitting, compliance, enforcement, budgeting, performance tracking, and collection and analysis of environmental samples and results), which the Administrator shall-- (A) use as the framework for databases on which the data reported to the Administrator through the integrated system shall be kept; and (B) allow other Federal agencies and State, tribal, and local governments to use; (10) establish an electronic commerce service center, accessible through the point of contact established under paragraph (1), to provide technical assistance, as necessary and feasible, to each person that elects to submit applicable electronic reports; (11) provide each reporting person access, through the point of contact established under paragraph (1), to scientifically sound, publicly available information on pollution prevention technologies and practices; (12) at the discretion of the Administrator, develop, within the reporting system, different methods by which the reporting person may electronically provide the required information, in order to facilitate use of the system by different sectors, sizes, and categories of reporting persons; (13) provide protection of confidential business information or records as defined under section 552a of title 5, United States Code, so that each reported item of data receives protection equivalent to the protection that item of data would receive if the item were reported to the Administrator through means other than the integrated reporting system; (14) develop (or cause to be developed), and make available free of charge through the Internet, software for use by the reporting person that, to the maximum extent practicable, assists the person in assembling necessary data, reporting information, and receiving information on pollution prevention technologies and practices as described in paragraph (9); and (15) provide a mechanism by which a reporting person may, at the option of the reporting person, electronically transfer information from the data system of the reporting person to the integrated reporting system through the use, in the integrated reporting system, of-- (A) open data formats (such as the ASCII format); and (B) a standard that enables the definition, transmission, validation, and interpretation of data by software applications and by organizations through use of the Internet (such as the XML standard). (c) Scope of Data Standards and Nomenclature.--The data standards and nomenclature implemented and updated under paragraphs (5) and (6) of subsection (b) shall not affect any regulatory standard or definition in effect on the date of enactment of this Act, except to the extent that the Administrator amends, by regulation, the standard or definition. (d) Use of Reporting System.--Nothing in this Act requires that any person use the integrated reporting system instead of an individual reporting system. SEC. 4. INTERAGENCY COORDINATION. (a) In General.--At the request of any Federal, State, tribal, or local agency, the Administrator shall coordinate the integration of reporting required under section 3 with similar efforts by the agency that, as determined by the Administrator, are consistent with this Act. (b) Integrated Reporting Across Jurisdictions.--Under subsection (a), the Administrator may develop a procedure under which a person that is required to report information under 1 or more laws administered by the Administrator and 1 or more laws administered by a State, tribal, or local agency may report all required information-- (1) through 1 point of contact using a single electronic system or paper form; and (2) in the case of an annual reporting requirement, at 1 time each year. (c) Common Data Format Across Jurisdictions.--To facilitate reporting by persons with facilities in more than 1 State, tribal, or local jurisdiction, the Administrator shall encourage the use of a common data format by any State, tribal, or local agency coordinating with the Administrator under subsection (a). (d) Provision of Information.--At the request of the Administrator, the head of a Federal department or agency shall provide to the Administrator information on reporting requirements established under a law administered by the agency. (e) Selective Use of Integrated Reporting System.--The Administrator may design the integrated system to allow a reporting person to use the integrated reporting system for some purposes and not for others. SEC. 5. REGULATIONS. The Administrator may promulgate such regulations as are necessary to carry out this Act. SEC. 6. REPORTS. Not later than 2 years after the date of enactment of this Act, if the Administrator determines that 1 or more provisions of law explicitly prohibit or hinder the integration of reporting and other actions required under this Act, the Administrator shall submit to Congress a report identifying those provisions. SEC. 7. SAVINGS CLAUSE. (a) In General.--Nothing in this Act limits, modifies, affects, amends, or otherwise changes, directly or indirectly, any provision of Federal or State law or the obligation of any person to comply with any provision of law. (b) Effect.--Neither this Act nor the integrated reporting system shall alter or affect the obligation of a reporting person to provide the information required under any reporting requirement. (c) Reporting.--Nothing in this Act authorizes the Administrator to require the reporting of information that is in addition to, or prohibit the reporting of, information that is reported as of the day before the date of enactment of this Act.

Requires the Administrator, to ensure consistency and facilitate use of the integrated reporting system to be established, to: (1) allow each person required to submit information to the Administrator to report to one point of contact using a single electronic system or paper form and, in the case of an annual reporting requirement, at one time during the year; (2) identify environmental or occupational safety or health reporting requirements that are not administered by the Administrator; (3) implement data standards and a nomenclature understandable to persons without environmental expertise; (4) consolidate reporting of data that would be required to be reported at more than one point in the same data submission; (5) provide for data formats and submission protocols that conform with public-domain standards for electronic commerce, are accessible to a majority of reporting persons, and provide for data integrity and reliability; (6) establish a National Environmental Data Model that the Administrator shall use as the framework for databases on which reported information shall be kept and that the Administrator shall allow other Federal agencies and governments to use; (7) establish an electronic commerce service center to provide technical assistance to persons submitting electronic reports; (8) provide each reporting person access to scientifically sound, publicly available information on pollution prevention technologies and practices; (9) provide protection of confidential business information; and (10) provide free software to assist reporting persons in assembling information and receiving information on pollution prevention technologies and practices. Provides that nothing in this Act requires a person to use the integrated reporting system instead of an individual reporting system. (Sec. 4) Requires the Administrator, at the request of any Federal, State, tribal, or local agency, to coordinate the integration of reporting required under this Act with similar efforts by the agency that are consistent with this Act. Authorizes the Administrator to develop a procedure under which a person that is required to report information under laws administered by the Administrator and laws administered by a State, tribal, or local agency to report all required information through one point of contact using a single electronic system or paper form and, in the case of an annual reporting requirement, at one time each year. Directs the Administrator, to facilitate reporting by persons with facilities in more than one State, tribal, or local jurisdiction, to encourage the use of a common data format by any State, tribal, or local agency coordinating with the Administrator. (Sec. 6) Requires the Administrator to report to Congress on provisions of law that explicitly prohibit or hinder the integration of reporting and other actions required under this Act. (Sec. 7) Provides that nothing in this Act: (1) changes any provision of Federal or State law or the obligation of any person to comply with any provision of law; (2) shall alter any person's obligation to provide information required under any reporting requirement; or (3) authorizes the Administrator to require the reporting of additional information or to prohibit the reporting of information currently reported.

Streamlined Environmental Reporting and Pollution Prevention Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Accountability in Medicare Bidding Act of 2013''. SEC. 2. DELAY IN IMPLEMENTING THE MEDICARE DME COMPETITIVE BIDDING PROGRAM AND THE NATIONAL MAIL ORDER PROGRAM FOR DIABETIC TESTING SUPPLIES. (a) In General.--Notwithstanding any other provision of law, the Secretary of Health and Human Services shall delay from July 1, 2013, to a date that is no earlier than December 31, 2013, the dates of implementation of-- (1) round 2 of the DMEPOS competitive bidding program under section 1847 of the Social Security Act (42 U.S.C. 1395w-3); and (2) the single payment amounts under the national mail order competition for diabetic supplies under such section. (b) Round 1 Recompete Delay.--Notwithstanding any other provision of law, the Secretary of Health and Human Services shall delay the start of round 1 recompete of such DMEPOS competitive bidding program from January 1, 2014, to a date that is no earlier than 6 months after the date of initial implementation of round 2 of such program. SEC. 3. EVALUATION OF DMEPOS COMPETITIVE BIDDING PROGRAM BY AUCTION EXPERT TEAM. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), not later than 3 months after the date of the enactment of this Act and acting through the Office of the Assistant Secretary for Planning and Evaluation, shall contract 3 auction experts, a health economist, and an econometrician to work as a team (in this section collectively referred to as the ``auction expert team''), led by the auction experts, to independently review and assess all aspects of round 1 re-bid and round 2 of the DMEPOS competitive bidding program under section 1847 of the Social Security Act (42 U.S.C. 1395w-3), including the design, development, implementation, adequacy of support for Medicare beneficiaries with chronic illness or disabilities, market fairness, sustainability, and functioning of such program. (b) Selection of Auction Expert Team.-- (1) In general.--The selection of the experts on the auction expert team under subsection (a) shall be undertaken through a competitive process. (2) Disqualifications.--An individual shall not be selected for the auction expert team if such individual-- (A) is a current or former employee of the Centers for Medicare & Medicaid Services; (B) is a current or former contractor for the Centers for Medicare & Medicaid Services that participated in the design or implementation of the DMEPOS competitive bidding program; (C) does not have significant experience in implementing auctions of similar complexity in government programs; and (D) does not have appropriate educational credentials. (c) Access to Information.--The Secretary shall make available to the auction expert team all applicable information (including confidential information) on the DMEPOS competitive bidding program in its entirety (including information on its design and the bidding under round 1, round 1 re-bid, and round 2). (d) Report to Secretary and Congress.-- (1) In general.--Not later than 4 months after the date the Secretary enters into the contract with the experts under subsection (a), the auction expert team shall submit a report to the Secretary and to the Congress on its assessment and review under subsection (a). (2) Items to be included in report.--Such report shall include the following and shall identify all potential problems with the DMEPOS competitive bidding program: (A) A review and assessment of the appropriateness of HCPCS codes selected for auctions. (B) An evaluation and assessment of the ability of individuals eligible for the DMEPOS items subject to the program to obtain these items and services, including an assessment of utilization patterns. (C) An analysis of any current or future adverse effects on beneficiaries' health outcomes related to the program and related costs to the Medicare trust fund, including an analysis of those beneficiaries in each competitively bid area who did not continue to receive such items and the effect on their Medicare claims under parts A, B, and D. (D) An identification and report on the cause of any material deterioration in the quality of items and services provided to an individual eligible for DMEPOS benefits under the program. (E) An evaluation of the costs of any preventable or prolonged hospitalizations due to lack of timely access to items and related services subject to the program. (F) An identification, for each product category and competitive bid area in the round 1 re-bid, of the following: (i) The original winning bidders which signed contracts and the number of allowed unique Medicare beneficiaries each contracting supplier fulfilled annually for the calendar years 2010, 2011 and 2012 in the competitive bidding areas. (ii) How many contracting suppliers failed to submit beneficiary product claims for more than 60 consecutive days. (iii) An identification of DMEPOS suppliers added after January 1, 2011, and the number of allowed unique Medicare beneficiaries each such added supplier served annually for the calendar years 2010, 2011 and 2012 in the competitive bidding areas. (G) An identification, for each product category and each competitive bidding area in the round 1 re-bid and in round 2, of the following: (i) The number of winning suppliers. (ii) The number of such winning suppliers which have not previously supplied the DMEPOS products bid for in the competitive bidding area. (iii) The total actual unique Medicare beneficiaries served by such winning suppliers, for 2010 with the round 1 re-bid and 2012 for round 2. (iv) The total capacity, measured by unique Medicare beneficiaries to be served by such winning suppliers, as estimated by Secretary to meet the needs of seniors during the contracting period. (v) Such total capacity as bid by the winning bidders. (vi) The total capacity attributed by the Secretary to the winning bidders. (3) Recommendations.--Such report shall also include such recommendations for changes in such program as the auction expert team determines appropriate, including recommendations that respond to all the potential problems identified under paragraph (2).

Transparency and Accountability in Medicare Bidding Act of2013 - Directs the Secretary of Health and Human Services (HHS) to delay from July 1, 2013, to a date no earlier than December 31, 2013, the implementation of: (1) round 2 of the durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) competitive bidding program under title XVIII (Medicare) the Social Security Act; and (2) the Medicare single payment amounts under the national mail order competition for diabetic supplies. Directs the Secretary to delay the start of round 1 recompete of such DMEPOS competitive bidding program from January 1, 2014, to a date no earlier than six months after the initial implementation of round 2. Requires the Secretary, acting through the Office of the Assistant Secretary for Planning and Evaluation, to contract three auction experts, a health economist, and an econometrician to work collectively as an auction expert team, led by the auction experts, to independently review and assess all aspects of round 1 re-bid and round 2 of the DMEPOS competitive bidding program, including its design, development, implementation, adequacy of support for Medicare beneficiaries with chronic illness or disabilities, market fairness, sustainability, and functioning.

Transparency and Accountability in Medicare Bidding Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Developing an Innovative Strategy for Antimicrobial Resistant Microorganisms Act of 2015'' and as the ``DISARM Act of 2015''. SEC. 2. ENCOURAGING THE DEVELOPMENT AND USE OF DISARM ANTIMICROBIAL DRUGS. (a) Additional Payment for DISARM Antimicrobial Drugs Under Medicare.-- (1) In general.--Section 1886(d)(5) of the Social Security Act (42 U.S.C. 1395ww(d)(5)) is amended by adding at the end the following new subparagraph: ``(M)(i) Effective for discharges beginning on or after October 1, 2015, the Secretary shall, after notice and opportunity for public comment (in the publications required by subsection (e)(5) for a fiscal year or otherwise), recognize the costs of DISARM antimicrobial drugs under the payment system established under this subparagraph. ``(ii) Pursuant to clause (i), the Secretary shall provide for additional payment to be made under this subsection with respect to discharges involving DISARM antimicrobial drugs in the amount provided for under section 1847A for drugs and biological products that are described in section 1842(o)(1)(C). ``(iii) For purposes of this subparagraph, the term `DISARM antimicrobial drug' means a product that is approved or licensed for use, or a product for which an indication is first approved or licensed for use, by the Food and Drug Administration on or after January 1, 2015, and-- ``(I)(aa) is intended to treat an infection caused by, or likely to be caused by, a qualifying pathogen (as defined under section 505E(f) of the Federal Food, Drug, and Cosmetic Act); or ``(bb) meets the definition of a qualified infectious disease product under section 505E(g) of the Federal Food, Drug, and Cosmetic Act; ``(II) is intended to treat an infection for which there is an unmet medical need as determined by the Food and Drug Administration; ``(III) is intended to treat an infection that is associated with high rates of mortality or significant patient morbidity, as determined by the Secretary, in consultation with the Director of the Centers for Disease Control and Prevention and the infectious disease professional community; and ``(IV) is used in facilities that, to the extent available to such facilities, as determined by the Secretary, participate in-- ``(aa) the National Healthcare Safety Network of the Centers for Disease Control and Prevention; or ``(bb) a similar reporting program relating to antimicrobial drugs, as specified by the Secretary. ``(iv)(I) The manufacturer or sponsor of a drug may request the Secretary to designate a drug as a DISARM antimicrobial drug at any time before or after the submission of an application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or section 351(a) of the Public Health Service Act for such drug. Pursuant to the previous sentence, the Secretary shall, not later than 60 days after the submission of such a request, determine whether the drug will be considered a DISARM antimicrobial drug in the case that it is approved or licensed for use, or is first approved or licensed for an indication. ``(II) Except as provided in subclause (III), a designation under this clause shall not be withdrawn for any reason. ``(III) The Secretary may revoke a designation of a drug as a DISARM antimicrobial drug product if the Secretary finds that the request for such designation contained an untrue statement of material fact. ``(v) Not later than October 1, 2016, the Secretary shall first publish in the Federal Register a list of the DISARM antimicrobial drugs. ``(vi) The Secretary shall make a proportional adjustment in the standardized amount determined under paragraph (3) to assure that the provisions of this subparagraph do not result in aggregate payments under this subsection that are greater or less than those that would otherwise be made under such subsection for a fiscal year.''. (2) Relationship to ntap payments.--Section 1886(d)(5) of the Social Security Act (42 U.S.C. 1395ww(d)(5)), as amended by paragraph (1), is further amended in subparagraph (K)-- (A) in clause (i), by inserting ``that are not DISARM antimicrobial drugs (as defined in subparagraph (M)(iii))'' after ``new medical services and technologies''; and (B) in clause (ii)(I), by inserting ``if the service or technology is not a DISARM antimicrobial drug and'' after ``a new medical service or technology''. (b) Study and Report on Removing Barriers to Development of DISARM Antimicrobial Drugs.-- (1) Study.--The Comptroller General of the United States shall, in consultation with the Director of the National Institutes of Health, the Commissioner of Food and Drugs, and the Director of the Centers for Disease Control and Prevention, conduct a study to-- (A) identify and examine the barriers that prevent the development of DISARM antimicrobial drugs, as defined in section 1886(d)(5)(M)(iii) of the Social Security Act, as added by subsection (a); and (B) develop recommendations for actions to be taken in order to overcome any barriers identified under subparagraph (A). (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1).

Developing an Innovative Strategy for Antimicrobial Resistant Microorganisms Act of 2015 or the DISARM Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) recognize the costs of DISARM antimicrobial drugs under the Medicare payment system for the inpatient services of subsection (d) hospitals, (2) provide for additional payment with respect to discharges involving such drugs, (3) publish in the Federal Register a list of the DISARM antimicrobial drugs, and (4) make a proportional adjustment in standardized payment amounts to assure that the requirements of this Act do not result in aggregate payments greater or less than those that would otherwise be made for a fiscal year. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.) Defines a "DISARM antimicrobial drug" as one approved or licensed by the Food and Drug Administration on or after January 1, 2015, which, among other things, is intended to treat an infection: caused by, or likely to be caused by, a qualifying pathogen; associated with high rates of mortality or significant patient morbidity; and for which there is an unmet medical need. Requires that the mechanism established by the Secretary to recognize the costs of new medical services and technologies that are not DISARM antimicrobial drugs under the Medicare payment system is applicable to new medical services or technology if the service or technology is not a DISARM antimicrobial drug. Directs the Comptroller General to study the barriers that prevent the development of DISARM antimicrobial drugs and develop recommendations for actions to be taken in order to overcome those barriers.

DISARM Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Safeguard Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) men's and boys' wool suits (of United States category 443), sport coats (of United States category 433) and slacks (of United States category 447) (collectively, ``tailored wool apparel'') from Canada are being imported into the United States in such increased quantities as to cause serious damage to the domestic tailored wool apparel industry; (2) the provision of safeguard procedures in international trade agreements to deal with surges of injurious imports has been a fundamental policy of the United States Government for over sixty years; (3) in a departure from this fundamental policy, the North American Free Trade Agreement (``NAFTA'') deprives United States tailored wool apparel manufacturers and their workers of any remedy to address surges of injurious imports from Canada, while all other United States, Canadian, and Mexican industries and their workers can seek some form of safeguard from injurious import surges under NAFTA; (4) United States tailored wool apparel manufacturers and their workers should be provided an appropriate safeguard like all other United States industries and their workers; (5) since 1988, United States production of men's and boys' wool suits has declined by over 40 percent and employment in the industry declined by nearly 50 percent; (6) four major and numerous smaller United States producers of tailored wool apparel recently went out of business, announced their intention to go out of business, or declared bankruptcy; (7) plants in States such as Alabama, Delaware, Florida, Georgia, Maryland, Massachusetts, New York, Pennsylvania, Tennessee, West Virginia and Virginia have either been closed or are laying off workers; (8) the surging tailored wool apparel imports are assembled in Canada from fabric produced in Italy, Korea, Turkey and other countries and exported at a preferential rate of duty under a program known as a Tariff Preference Level (TPL) for nonoriginating goods that was first established as a tariff preference in the United States-Canada Free Trade Agreement (``CFTA'') for Canadian exports of wool apparel items; (9) the tariff preference was designed for a limited purpose--to ensure that Canadian producers of wool apparel traditionally exported to the United States (which included only a small amount of tailored wool apparel) had access to an adequate supply of wool fabric, not for the wholesale circumvention of the rule of origin contained in the agreement; (10) high-quality wool fabrics are readily available to apparel producers in Canada in sufficient quantities from Canadian and United States producers; (11) in recognition of the tariff preference's short supply purpose, the CFTA provided for monitoring of wool apparel imports ``with a view to adjusting the annual quality limitations at the request of either Party based on the ability of apparel producers to obtain supplies of particular fabrics originating within the territories of the Parties''; (12) the CFTA also required renegotiation of the tariff preference before January 1, 1998, ``to reflect current conditions in the textile and apparel industries located within the territories of the Parties, including the ability of such apparel producers to obtain supplies of particular fabrics originating within the territories of the Parties''; (13) the NAFTA deleted the CFTA's monitoring and renegotiation provisions and excluded tailored wool apparel from the safeguard mechanisms established to deal with surges of injurious imports; (14) prior to implementation of the CFTA, Canada accounted for no more than 5 percent of United States imports of men's and boys' wool suits; by 1995, as a result of the TPL, Canada had become the largest exporter of men's and boys' wool suits to the United States, accounting for 24 percent of imports; (15) since 1988, imports of men's and boys' wool suits from Canada have increased over 1,000 percent (i.e., from 100,000 units in 1988 to over 1.1 million units in 1995); (16) the imports from Canada, made of fabric that is not of North American origin, have also harmed United States wool fabric, yarn, and fiber producers and their workers in states such as Georgia, Maine, Massachusetts, New Hampshire, North Carolina, Oregon, Pennsylvania, Rhode Island, West Virginia, South Carolina, and Virginia; (17) the Congress never intended for the NAFTA to result in such serious injury to United States tailored wool apparel manufacturers and their workers and for the NAFTA to single out that United States industry and its workers by denying them access to an adequate and effective safeguard; and (18) the following safeguard proposals are intended to rectify these oversights. SEC. 3. PHASED SAFEGUARDS MEASURES. (a) Revision in Sub-Limits.--Notwithstanding any other provision of law, not more than 50 percent of the total square meter equivalents of wool apparel assembled in Canada and eligible for preferential duty treatment under Appendix 6.B.1 to Annex 300-B of the North American Free Trade Agreement (``the Appendix'') and entered, or withdrawn from warehouse, for consumption during any year shall be tailored wool apparel and not more than 50 percent of such sublimit shall be men's and boys' wool suits of United States category 443, or men's and boys' wool sport coats of category 433, or men's and boys' wool slacks of category 447, respectively. (b) Duty Snap-Back.--Notwithstanding any other provision of law, tailored wool apparel assembled in Canada and eligible for preferential duty treatment under the Appendix shall be subject to duty at the nondiscriminatory (most-favored-nation) rate in effect at the time of entry. (c) Effective Dates.-- (1) November 1, 1996.--Subsection (a) shall apply to merchandise entered, or withdrawn from warehouse, for consumption after August 31, 1996. (2) March 1, 1997.--Subsection (c) shall apply to merchandise entered, or withdrawn from warehouse, for consumption after February 28, 1997. (3) Waiver.--The President may delay the effective date under this subsection for subsection (b), and may suspend the application of such subsection if it has taken effect, for such period as he considers appropriate, if he determines that Canada has entered into an agreement with the United States which provides for sub-limits required under subsection (a).

Emergency Safeguard Act of 1996 - Declares that: (1) no more than 50 percent of the total square meter equivalents of wool apparel assembled in Canada and eligible for preferential duty treatment under the North American Free Trade Agreement (NAFTA) and entered, or withdrawn from warehouse, for consumption during any year shall be tailored wool; and (2) no more than 50 percent of such sublimit shall be men's and boys' wool suits, wool sport coats, or wool slacks. Grants nondiscriminatory (most-favored-nation) treatment of Canadian tailored wool apparel that is eligible for preferential duty treatment under NAFTA.

Emergency Safeguard Act of 1996

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Immunization Improvements Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Demonstration project to improve vaccination rates among Medicare beneficiaries. Sec. 3. Inclusion of recommended immunizations under part B of the Medicare program with no beneficiary cost- sharing. Sec. 4. Vaccine administration fees. Sec. 5. Improving vaccination rates among health care workers. SEC. 2. DEMONSTRATION PROJECT TO IMPROVE VACCINATION RATES AMONG MEDICARE BENEFICIARIES. (a) Authority To Conduct Demonstration Project.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a demonstration project under title XVIII of the Social Security Act to evaluate the ability of State and local health departments to act as providers in the purchase and reimbursement of influenza and pneumococcal vaccinations for Medicare beneficiaries. (b) Conduct.-- (1) Duration.--The demonstration project under this section shall be conducted for a 3-year period. (2) Scope.--The demonstration project shall be conducted in up to 5 States, as determined by the Secretary, based on consideration of the potential to result in the highest percentage increase in influenza and pneumococcal vaccination rates among Medicare beneficiaries in the State. (3) Consideration of ongoing projects.--In establishing and conducting the demonstration project under this section, the Secretary shall take into consideration any States or local entities that have an ongoing demonstration or memorandum of understanding with the Secretary to be reimbursed as a Medicare provider for the cost of an influenza and pneumococcal vaccination administered to a Medicare beneficiary. (4) Requirements for participating states.--Under the demonstration project, each participating State (or local government entity participating in the demonstration project) shall meet the following requirements: (A) Contract with multiple sources for the purchase of the influenza and pneumococcal vaccine for purposes of the demonstration project based on population. (B) Purchase influenza and pneumococcal vaccines using the authority provided under section 317 of the Public Health Service Act (42 U.S.C. 247b). (C) Distribute the influenza and pneumococcal vaccine to participating physicians for furnishing to Medicare beneficiaries at no cost to the physician or beneficiary. (D) Be a qualified Medicare provider eligible for reimbursement under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (E) Establish a formal agreement with other appropriate Medicare providers of services and suppliers to participate in the demonstration project. (F) Collect such information as the Secretary shall require on Medicare beneficiaries vaccinated under the demonstration project in order to determine accurate reimbursement for such vaccinations. (c) Administration Fees.--Nothing in this section shall prevent a provider of services or supplier under the Medicare program under title XVIII of the Social Security Act who is participating in the demonstration project under this section from receiving reimbursement under such program for the administration of an influenza or pneumococcal vaccination. (d) No Requirement To Participate.--No provider in a participating State shall be required to participate in the demonstration project under this section. (e) Funding for Education and Outreach and Vaccine Distribution.-- The Secretary shall provide for the transfer, out of amounts appropriated under section 1115A(f) of the Social Security Act (42 U.S.C. 1315A(f)), of-- (1) $5,000,000, to the Centers for Medicare & Medicaid Services Program Management Account for purposes of distributing grants to States (or local government entities) participating in the demonstration project under this section to promote the annual vaccination of seniors against influenza and pneumococcal; and (2) such sums as may be necessary to carry out the activity described in subsection (b)(4)(C). (f) Prohibition on Use of Funds for Vaccine Purchase.--Amounts appropriated under section 317 of the Public Health Service Act (42 U.S.C. 247b) may not be used by a State (or local government entity) participating in the demonstration project under this section to purchase influenza and pneumococcal vaccines under subsection (b)(4)(B). (g) Definition of Medicare Beneficiary.--For purposes of the demonstration project under this section, the term ``Medicare beneficiary'' means an individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and enrolled for benefits under part B of such title, except such term does not include an individual enrolled in a Medicare Advantage plan under part C of such title (42 U.S.C. 1395w-21 et seq.). (h) Waiver.--The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as are necessary to carry out the demonstration project under this section. (i) Report.--Not later than 12 months after the completion of the demonstration project under this section, the Secretary shall submit to Congress a report on the demonstration project. Such report shall contain the following information: (1) The percentage of Medicare beneficiaries vaccinated against influenza and pneumococcal by providers participating in the demonstration project in each year in each participating State. (2) The estimated cost of the vaccinations (to the State and to the Medicare beneficiary) if they had not been furnished under the demonstration project. (3) The estimated actual cost of the vaccinations (to the State and to the Medicare beneficiary) furnished under the demonstration project. (4) The difference (if any) between the costs described in paragraphs (2) and (3). (5) Recommendations for such legislation and administrative action as the Secretary determines appropriate. SEC. 3. INCLUSION OF RECOMMENDED IMMUNIZATIONS UNDER PART B OF THE MEDICARE PROGRAM WITH NO BENEFICIARY COST-SHARING. (a) In General.--Paragraph (10) of section 1861(s) of the Social Security Act (42 U.S.C. 1395x(s)) is amended to read as follows: ``(10) vaccines recommended for routine use by the Advisory Committee on Immunization Practices (an advisory committee established by the Secretary, acting through the Director of the Centers for Disease Control and Prevention) and their administration;''. (b) Conforming Amendments.-- (1) Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended, in each of subsections (a)(1)(B), (a)(2)(G), (a)(3)(A), and (k), by striking ``1861(s)(10)(A)'' or ``1861(s)(10)(B)'' and inserting ``1861(s)(10)'' each place it appears. (2) Section 1842(o)(1)(A)(iv) of the Social Security Act (42 U.S.C. 1395u(o)(1)(A)(iv)) is amended by striking ``subparagraph (A) or (B) of''. (3) Section 1847A(c)(6) of the Social Security Act (42 U.S.C. 1395w-3a(c)(6)) is amended by striking subparagraph (G). (4) Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-102(e)(1)) is amended by striking ``a vaccine'' and all that follows through ``its administration) and''. (5) Section 1861(ww)(2)(A) of the Social Security Act (42 U.S.C. 1395x(ww)(2)(A)) is amended by striking ``Pneumococcal, influenza, and hepatitis B'' and inserting ``Any''. (6) Section 1866(a)(2)(A) of the Social Security Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by striking ``1861(s)(10)(A)'' and inserting ``1861(s)(10)''. (c) Effective Date.--The amendments made by this section shall apply to vaccines administered on or after January 1, 2013. SEC. 4. VACCINE ADMINISTRATION FEES. (a) Review of Federally Established Maximum Allowable Administrative Fees.--Not later than 160 days after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services and the Director of the Centers for Disease Control and Prevention, jointly shall-- (1) review the regional maximum charge for vaccine administration for each State established under the Vaccines for Children program under section 1928 of the Social Security Act (42 U.S.C. 1396s) to determine the appropriateness and adequacy of such rates; (2) update such rates, as appropriate, based on the results of such review and taking into account all appropriate costs related to the administration of vaccines under that program; and (3) establish the regional minimum charge for vaccine administration for each State pursuant to section 1928(c)(2)(C)(iv) of such Act. (b) Establishment of Regional Minimum Charge for Vaccine Administration.-- (1) In general.--Section 1928(c)(2)(C) of the Social Security Act (42 U.S.C. 1396s(c)(2)(C)) is amended-- (A) in clause (ii), by striking ``The provider may'' and inserting ``Subject to clause (iv), the provider may''; and (B) by adding at the end the following new clause: ``(iv) For purposes of a provider who imposes a fee for the administration of a qualified pediatric vaccine, the State shall pay such provider an amount equal to the administrative fee established under the State plan, which shall not be less than the regional minimum charge for vaccine administration for such State, as established by the Secretary (in conjunction with the Director of the Centers for Disease Control and Prevention) and updated, as appropriate, based on appropriate costs related to administration of pediatric vaccines under this program.''. (c) Federal Reimbursement for Vaccine Administration for Non- Medicaid Vaccine-Eligible Children.-- (1) In general.--Section 1928 of the Social Security Act (42 U.S.C. 1396s), as amended by subsection (b), is further amended-- (A) in subsection (a)(1)(B), by inserting ``and is entitled to receive reimbursement for any fee imposed by the provider for the administration of such vaccine consistent with subsection (c)(2)(C) to a federally vaccine-eligible child who is described in clause (ii), (iii), or (iv) of subsection (b)(2),'' after ``delivery to the provider,''; (B) in subsection (a)(2), by adding at the end the following new subparagraph: ``(D) Reimbursement for vaccine administration for non-medicaid eligible children.--The Secretary shall pay each State such amounts as are necessary for the State to reimburse each program-registered provider in the State for an administration fee imposed consistent with subsection (c)(2)(C) for the administration of a qualified pediatric vaccine to a federally vaccine- eligible child who is described in clause (ii), (iii), or (iv) of subsection (b)(2).''; (C) in subsection (c)(2)(C) by adding at the end the following new clause: ``(v) In the case of a federally vaccine-eligible child who is described in clause (ii), (iii), or (iv) of subsection (b)(2), the State shall pay the provider an amount equal to the administration fee established under the State plan approved under this title for the administration of a qualified pediatric vaccine to a Medicaid-eligible child.''. (D) by striking subsection (g); and (E) in subsection (h)(6), by striking ``a vaccine'' and inserting ``each vaccine component''. (2) Conforming amendments.--Section 1928 of such Act (42 U.S.C. 1396s), as amended by paragraph (1), is amended-- (A) by redesignating subsection (h) as subsection (g); (B) in subsection (a)(1)(A), by striking ``(h)(8)'' and inserting ``(g)(8)''; and (C) in subsection (b)(2)(A)(iv), by striking ``(h)(3)'' and inserting ``(g)(3)''. SEC. 5. IMPROVING VACCINATION RATES AMONG HEALTH CARE WORKERS. (a) Hospital Requirements Under Medicare.--Section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)) is amended-- (1) in paragraph (8), by striking ``; and'' and inserting a semicolon; (2) by redesignating paragraph (9) as paragraph (10); (3) by inserting after paragraph (8) the following new paragraph: ``(9) develops an active surveillance program to track and record disaggregated influenza vaccination levels among health care workers, including vaccinations obtained outside of the facility, and reports those levels annually to the Secretary.''; and (4) in the eighth sentence, in each of subparagraphs (B) and (C), by striking ``paragraph (9)'' each place it appears and inserting ``paragraph (10)''. (b) Skilled Nursing Facility and Nursing Facility Requirements.-- (1) Skilled nursing facilities.--Section 1819(d)(3) of the Social Security Act (42 U.S.C. 1395i-3(d)(3)) is amended-- (A) in subparagraph (A), by striking ``, and'' and inserting a comma; (B) in subparagraph (B), by striking the period at the end and inserting ``, and''; and (C) by adding at the end the following new subparagraph: ``(C) develop an active surveillance program to track and record disaggregated influenza vaccination levels among health care workers, including vaccinations obtained outside of the facility, and report those levels annually to the Secretary.''. (2) Nursing facilities.--Section 1919(d)(3) of the Social Security Act (42 U.S.C. 1396r(d)(3)) is amended-- (A) in subparagraph (A), by striking ``, and'' and inserting a comma; (B) in subparagraph (B), by striking the period at the end and inserting ``, and''; and (C) by adding at the end the following new subparagraph: ``(C) develop an active surveillance program to track and record disaggregated influenza vaccination levels among health care workers, including vaccinations obtained outside of the facility, and report those levels annually to the Secretary.''.

Immunization Improvements Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration project under title XVIII (Medicare) of the Social Security Act (SSA) to evaluate the ability of state and local health departments to act as providers in the purchase and reimbursement of influenza and pneumoccal vaccinations for Medicare beneficiaries. Covers vaccines recommended for routine use by the Advisory Committee on Immunizations Practices and their administration under part B (Child and Family Services) of the Medicare program with no beneficiary cost-sharing. Directs the Administrator of the Centers for Medicare and Medicaid Services and the Director of the Centers for Disease Control and Prevention (CDC) to jointly: (1) review the regional maximum charge for vaccine administration for each state established under the Vaccines for Children program to determine the appropriateness and adequacy of such rates; (2) update such rates, as appropriate, based on the results of such review and taking into account all appropriate administrative costs; and (3) establish the regional minimum charge for vaccine administration for each state. Requires the state, for purposes of a provider who imposes a fee for the administration of a qualified pediatric vaccine, to pay such provider an amount equal to the administrative fee established under the state plan, which shall not be less than the regional minimum charge for vaccine administration for such state, as established by the Secretary. Directs the Secretary to pay each state amounts necessary for the state to reimburse each program-registered provider in the state for an administration fee imposed for the administration of a qualified pediatric vaccine to a federally vaccine-eligible child who is not otherwise eligible under SSA title XIX (Medicaid). Includes as a hospital for purposes of payment under Medicare an institution which develops an active surveillance program to track and record disaggregated influenza vaccination levels among health care workers, including vaccinations obtained outside of the facility, and reports those levels annually to the Secretary. Requires skilled nursing facilities (SNFs) and nursing facilities to develop such an active surveillance program.

A bill to increase immunization rates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Economic Stimulus Act of 2008''. SEC. 2. 2008 RECOVERY REBATES FOR CERTAIN INDIVIDUALS RECEIVING SOCIAL SECURITY OR CERTAIN VETERANS BENEFITS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. 2008 RECOVERY REBATES FOR CERTAIN INDIVIDUALS RECEIVING SOCIAL SECURITY OR CERTAIN VETERANS BENEFITS. ``(a) In General.--In the case of an eligible individual who is an eligible social security or veterans benefit recipient, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in 2008 an amount equal $300 ($600 in the case of a joint return). ``(b) Treatment of Credit.--The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. ``(c) Limitation Based on Adjusted Gross Income.--The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (f)) shall be reduced (but not below zero) by 5 percent of so much of the taxpayer's adjusted gross income as exceeds $75,000 ($150,000 in the case of a joint return). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Eligible social security or veterans benefit recipient.--The term `eligible social security or veterans benefit recipient' means, with respect to any taxable year, any taxpayer who-- ``(A) received, during such taxable year-- ``(i) a social security benefit (as defined in section 86(d)), ``(ii) or any compensation or pension received under chapter 11, 13, or 15 of title 38, United States Code, and ``(B) has earned income which is less than $3,000. ``(2) Eligible individual.--The term `eligible individual' means any individual other than-- ``(A) any nonresident alien individual, ``(B) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and ``(C) an estate or trust. ``(3) Earned income.--The term `earned income' has the meaning set forth in section 32(c)(2) except that-- ``(A) subclause (II) of subparagraph (B)(vi) thereof shall be applied by substituting `January 1, 2009' for `January 1, 2008', and ``(B) such term shall not include net earnings from self-employment which are not taken into account in computing taxable income. ``(e) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (f). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (f) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ``(f) Advance Refunds and Credits.-- ``(1) In general.--Each individual who was an eligible individual for such individual's first taxable year beginning in 2007 shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the advance refund amount for such taxable year. ``(2) Advance refund amount.--For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such first taxable year if this section (other than subsection (e) and this subsection) had applied to such taxable year. ``(3) Timing of payments.--The Secretary shall, subject to the provisions of this title, refund or credit any overpayment attributable to this section as rapidly as possible. No refund or credit shall be made or allowed under this subsection after December 31, 2008. ``(4) No interest.--No interest shall be allowed on any overpayment attributable to this section.''. (b) Treatment of Possessions.-- (1) Mirror code possession.--The Secretary of the Treasury shall make a payment to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of the amendments made by this section. Such amount shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Other possessions.--The Secretary of the Treasury shall make a payment to each possession of the United States which does not have a mirror code tax system in an amount 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 payment to the residents of such possession. (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 the credit allowed under section 6431 of the Internal Revenue Code of 1986 (as added by this section). (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 6431'' after ``section 35''. (2) The table of contents for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6431. 2008 recovery rebates for certain individuals receiving social security or certain veterans benefits.''.

Universal Economic Stimulus Act of 2008 - Amends the Internal Revenue Code to allow social security or veterans benefits recipients with earned income less than $3,000 a $300 refundable tax credit ($600 for married couples filing a joint tax return) in 2008. Reduces the amount of such credit by 5% of the amount by which the taxpayer's adjusted gross income exceeds $75,000.

To amend the Internal Revenue Code of 1986 to provide recovery rebates to certain individuals receiving Social Security or certain veterans benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tenant Protection Act''. SEC. 2. TENANT BLACKLISTING. (a) Definitions.--In this section-- (1) the terms ``consumer'', ``consumer report'', and ``nationwide specialty consumer reporting agency'' have the meanings given those terms in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a); and (2) the term ``tenant rating agency'' means a nationwide specialty consumer reporting agency described in section 603(x)(2) of the Fair Credit Reporting Act (15 U.S.C. 1681a(x)(2)). (b) Amendments to the Fair Credit Reporting Act.--The Fair Credit Reporting Act (15 U.S.C. 1601 et seq.) is amended-- (1) in section 605 (15 U.S.C. 1681c), by adding at the end the following: ``(i) Housing Court Records.--A consumer reporting agency may not make a consumer report containing a landlord-tenant court or other housing court record, unless-- ``(1) the case to which the record pertains resulted in a judgment of possession; ``(2) the decision of the court in the case to which the record pertains is not being appealed; and ``(3) the record antedates the consumer report by not more than 3 years.''; (2) in section 611(a) (15 U.S.C. 1681i(a))-- (A) in paragraph (1)(A), by inserting ``or by submitting a notice of the dispute through the centralized source described in section 612(a)(1)(B) or the centralized source required to be established under section 2(c) of the Tenant Protection Act'' after ``through a reseller''; and (B) in paragraph (2)-- (i) in subparagraph (A)-- (I) by striking ``or a reseller'' and inserting ``a reseller, or a centralized source''; and (II) by striking ``or reseller'' and inserting ``reseller, or centralized source''; and (ii) in subparagraph (B), by striking ``or the reseller'' and inserting ``the reseller, or the centralized source''; (3) in section 615 (15 U.S.C. 1681m), by adding at the end the following: ``(i) Additional Duty of Users Taking Adverse Actions on the Basis of Housing Court Records Contained in Consumer Reports.--If any person takes any adverse action with respect to a consumer that is based in whole or in part on a landlord-tenant court or other housing record contained in a consumer report, the person shall provide to the consumer a free copy of the consumer report used by the person in taking the adverse action.''; and (4) by adding at the end the following: ``SEC. 630. CIVIL LIABILITY FOR CREATING REPORTS WITH INACCURATE HOUSING COURT RECORDS. ``Any person who willfully makes a consumer report with respect to a consumer that contains an inaccurate landlord-tenant court or other housing record is liable to the consumer in an amount equal to the sum of-- ``(1) any actual damages sustained by the consumer as a result of making that consumer report or damages of not less than $500 and not more than $1,500; ``(2) such amount of punitive damages as the court may allow; and ``(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.''. (c) Regulations Applicable to Clearinghouse System.--Not later than 1 year after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall issue regulations-- (1) applicable to tenant rating agencies to require the establishment of-- (A) a centralized source through which consumers may-- (i) obtain a consumer report from each such tenant rating agency once during any 12-month period, using a single request, and without charge to the consumer, as provided in section 612(a) of the Fair Credit Reporting Act (15 U.S.C. 1681j(a)); and (ii) submit a notice of a dispute of inaccurate information, as provided in section 611(a) of the Fair Credit Reporting Act (15 U.S.C. 1681i(a); and (B) a standardized form for a consumer to make a request for a consumer report under subparagraph (A)(i) or submit a notice of dispute under subparagraph (A)(ii) by mail or through an Internet website; and (2) to provide that a consumer may submit a notice of dispute of inaccurate information through the centralized source established in accordance with section 211(c) of the Fair and Accurate Credit Transactions Act of 2003 (15 U.S.C. 1681j note), as provided in section 611(a) of the Fair Credit Reporting Act (15 U.S.C. 1681i(a)), using the standardized form described in paragraph (1)(B). (d) Report.--Not later than 1 year after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall conduct a study and submit to Congress a report on the status of tenant rating agencies and the compliance of tenant rating agencies under the Fair Credit Reporting Act (15 U.S.C. 1601 et seq.), including a gap analysis of laws and resources to deter noncompliance with the intent and purpose of the Fair Credit Reporting Act (15 U.S.C. 1601 et seq.).

Tenant Protection Act This bill amends the Fair Credit Reporting Act to prohibit a consumer reporting agency from creating a report containing a landlord-tenant court or other housing court record unless: the case resulted in a judgment of possession, the decision is not being appealed, and the record is not more than three years old. If a person takes an adverse action against a consumer based upon a housing court record, the person must provide the consumer a free copy of the report. A person who willfully creates a housing court report that contains an inaccuracy is civilly liable to the consumer. The Consumer Financial Protection Bureau must: (1) issue regulations that direct tenant rating agencies to create a central source for consumers to obtain reports and submit disputes, and (2) report on tenant rating agency compliance.

Tenant Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Cash for Convicts Act''. SEC. 2. TREATMENT OF PRISONERS UNDER TITLES II AND XVI OF THE SOCIAL SECURITY ACT. (a) Implementation of Prohibition Against Payment of Title II Benefits to Prisoners.-- (1) In general.--Section 202(x)(3) of the Social Security Act (42 U.S.C. 402(x)(3)) is amended-- (A) by inserting ``(A)'' after ``(3)''; and (B) by adding at the end the following new subparagraph: ``(B)(i) The Commissioner shall enter into an agreement, with any interested State or local institution comprising a jail, prison, penal institution, correctional facility, or other institution a purpose of which is to confine individuals as described in paragraph (1)(A), under which-- ``(I) the institution shall provide to the Commissioner, on a monthly basis and in a manner specified by the Commissioner, the names, social security account numbers, dates of birth, confinement commencement dates, and, to the extent available to the institution, such other identifying information concerning the individuals confined in the institution as the Commissioner may require for the purpose of carrying out paragraph (1); and ``(II) except as provided in clause (ii), the Commissioner shall pay to the institution, with respect to information described in subclause (I) concerning each individual who is confined therein as described in paragraph (1)(A), to whom a benefit under this title is payable for the month preceding the first month of such confinement, and whose benefit under this title ceases to be payable as a result of the application of this subsection, $400 (subject to reduction under clause (iii)) if the institution furnishes the information to the Commissioner within 30 days after the date such individual's confinement in such institution begins, or $200 (subject to reduction under clause (iii)) if the institution furnishes the information after 30 days after such date but within 90 days after such date. ``(ii) No amount shall be payable to an institution with respect to information concerning an individual under an agreement entered into under clause (i) if, prior to the Commissioner's receipt of the information, the Commissioner has determined that benefits under this title are no longer payable to such individual as a result of the application of this subsection. ``(iii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 1611(e)(1)(I). ``(iv) There shall be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate, such sums as may be necessary to enable the Commissioner to make payments to institutions required by clause (i)(II). Sums so transferred shall be treated as direct spending for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 and excluded from budget totals in accordance with section 13301 of the Budget Enforcement Act of 1990. ``(v) The Commissioner is authorized to provide, on a reimbursable basis, information obtained pursuant to agreements entered into under clause (i) to any Federal or federally-assisted cash, food, or medical assistance program for eligibility purposes.''. (2) Effective date.--The amendments made by this subsection shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted. (b) Elimination of Title II Requirement That Confinement Stem From Crime Punishable by Imprisonment for More Than 1 Year.-- (1) In general.--Section 202(x)(1)(A) of such Act (42 U.S.C. 402(x)(1)(A)) is amended-- (A) in the matter preceding clause (i), by striking ``during'' and inserting ``throughout''; (B) in clause (i), by striking ``an offense punishable by imprisonment for more than 1 year (regardless of the actual sentence imposed)'' and inserting ``a criminal offense''; and (C) in clause (ii)(I), by striking ``an offense punishable by imprisonment for more than 1 year'' and inserting ``a criminal offense''. (2) Effective date.--The amendments made by this subsection shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted. (c) Inclusion of Title II Issues in Study and Report Requirements Relating to Prisoners.-- (1) Section 203(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104- 193) is amended-- (A) in subparagraph (A), by striking ``section 1611(e)(1)'' and inserting ``sections 202(x) and 1611(e)(1)''; and (B) in subparagraph (B), by striking ``section 1611(e)(1)(I)'' and inserting ``section 202(x)(3)(B) or 1611(e)(1)(I)''. (2) Section 203(c) of such Act is amended by striking ``section 1611(e)(1)(I)'' and all that follows and inserting the following: ``sections 202(x)(3)(B) and 1611(e)(1)(I) of the Social Security Act.''. (3) The amendments made by paragraph (1) shall apply as if included in the enactment of section 203(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193). The amendment made by paragraph (2) shall apply as if included in the enactment of section 203(c) of such Act. (d) Conforming Title XVI Amendments.-- (1) Preclusion of title xvi payment when information furnished by an institution is already known by the commissioner.--Section 1611(e)(1)(I) of the Social Security Act (as added by section 203(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193)) is amended-- (A) in clause (i)(II), by inserting ``except as provided in clause (ii),'' after ``(II)''; (B) by redesignating clauses (ii) and (iii) as clauses (iv) and (v), respectively; and (C) by inserting after clause (i) the following new clause: ``(ii) No amount shall be payable to an institution with respect to information concerning an inmate under an agreement entered into under clause (i) if, prior to the Commissioner's receipt of the information, the Commissioner has determined that the inmate is no longer an eligible individual or eligible spouse for purposes of this title as a result of the application of this paragraph.''. (2) Fifty percent reduction in title xvi payment in case involving comparable title ii payment.--Section 1611(e)(1)(I) of such Act (as amended by paragraph (1)) is amended further-- (A) in clause (i)(II), by inserting ``(subject to reduction under clause (iii))'' after ``$400'' and after ``$200''; and (B) by inserting after clause (ii) the following new clause: ``(iii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 202(x)(3)(B).''. (3) Expansion of categories of institutions eligible to enter into agreements with the commissioner.--Section 1611(e)(1)(I)(i) of such Act (as added by section 203(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193)) is amended in the matter preceding subclause (I) by striking ``institution'' and all that follows through ``section 202(x)(1)(A),'' and inserting ``institution comprising a jail, prison, penal institution, or correctional facility, or with any other interested State or local institution a purpose of which is to confine individuals as described in section 202(x)(1)(A)(ii),''. (4) Limitation on categories of inmates with respect to whom payment may be made.--Section 1611(e)(1)(I)(i)(II) of such Act (as added by section 203(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193)) is amended by striking ``inmate of the institution'' and all that follows through ``in such institution and'' and inserting ``individual who is eligible for a benefit under this title for the month preceding the first month throughout which the individual is an inmate of the jail, prison, penal institution, or correctional facility, or is confined in the institution as described in section 202(x)(1)(A)(ii), and who''. (5) Technical correction.--Section 1611(e)(1)(I)(i)(II) of such Act (as amended by the preceding provisions of this subsection) is amended further by striking ``subparagraph'' and inserting ``paragraph''. (6) Effective date.--The amendments made by this subsection shall apply as if included in the enactment of section 203(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193). The references to section 202(x)(1)(A)(ii) of the Social Security Act in section 1611(e)(1)(I)(i) of such Act as amended by paragraphs (3) and (4) shall be deemed a reference to such section 202(x)(1)(A)(ii) as amended by subsection (b)(1)(C). (e) Exemption From Computer Matching Requirements.-- (1) In general.--Section 552a(a)(8)(B) of title 5, United States Code, is amended-- (A) by striking ``or'' at the end of clause (vi); and (B) by inserting after clause (vii) the following new clauses: ``(viii) matches performed pursuant to section 202(x) or 1611(e)(1) of the Social Security Act; or ``(ix) matches performed pursuant to section 205(j)(1)(A), 205(j)(5), 1631(a)(2)(A)(ii), 1631(a)(2)(A)(iii), or 1631(a)(2)(E) of the Social Security Act;''. (2) Conforming amendment.--Section 1611(e)(1)(I)(iv) of the Social Security Act (as added by section 203(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) and redesignated by subsection (d)(1)(B)) is amended further by striking ``(I) The provisions'' and all that follows through ``(II) The Commissioner'' and inserting ``The Commissioner''. (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act.

No Cash for Convicts Act - Applies to the payment of benefits under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to prisoners the same requirements as enacted by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 with respect to payments under SSA title XVI (Supplemental Security Income) for agreements between the Commissioner of Social Security and State or local correctional institutions for monthly identifying information, and the exchange of such information among Federal or federally-assisted cash, food, or medical assistance programs. Extends to all prisoners, regardless of offense or length of sentence, the current prohibition against the payment of social security benefits, by repealing its limitation to offenses punishable by imprisonment for more than one year. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to require inclusion of prisoners receiving OASDI benefits in certain required studies and reports to the Congress.

No Cash for Convicts Act

SECTION 1. SHORT TITLE; TABLE OF SECTIONS. (a) Short Title.--This Act may be cited as the ``Consumer Broadband and Digital Television Promotion Act''. (b) Table of Sections.--The table of sections for this Act is as follows: Sec. 1. Short title; table of sections. Sec. 2. Findings. Sec. 3. Adoption of security system standards and encoding rules. Sec. 4. Preservation of the integrity of security. Sec. 5. Prohibition on shipment in interstate commerce of nonconforming digital media devices. Sec. 6. Prohibition on removal or alteration of security technology; violation of encoding rules. Sec. 7. Enforcement. Sec. 8. Federal Advisory Committee Act exemption. Sec. 9. Definitions. Sec. 10. Effective date. SEC. 2. FINDINGS. The Congress finds the following: (1) The lack of high quality digital content continues to hinder consumer adoption of broadband Internet service and digital television products. (2) Owners of digital programming and content are increasingly reluctant to transmit their products unless digital media devices incorporate technologies that recognize and respond to content security measures designed to prevent theft. (3) Because digital content can be copied quickly, easily, and without degradation, digital programmers and content owners face an exponentially increasing piracy threat in a digital age. (4) Current agreements reached in the marketplace to include security technologies in certain digital media devices fail to provide a secure digital environment because those agreements do not prevent the continued use and manufacture of digital media devices that fail to incorporate such security technologies. (5) Other existing digital rights management schemes represent proprietary, partial solutions that limit, rather than promote, consumers' access to the greatest variety of digital content possible. (6) Technological solutions can be developed to protect digital content on digital broadcast television and over the Internet. (7) Competing business interests have frustrated agreement on the deployment of existing technology in digital media devices to protect digital content on the Internet or on digital broadcast television. (8) The secure protection of digital content is a necessary precondition to the dissemination, and on-line availability, of high quality digital content, which will benefit consumers and lead to the rapid growth of broadband networks. (9) The secure protection of digital content is a necessary precondition to facilitating and hastening the transition to high-definition television, which will benefit consumers. (10) Today, cable and satellite have a competitive advantage over digital television because the closed nature of cable and satellite systems permit encryption, which provides some protection for digital content. (11) Over-the-air broadcasts of digital television are not encrypted for public policy reasons and thus lack those protections afforded to programming delivered via cable or satellite. (12) A solution to this problem is technologically feasible but will require government action, including a mandate to ensure its swift and ubiquitous adoption. (13) Consumers receive content such as video or programming in analog form. (14) When protected digital content is converted to analog for consumers, it is no longer protected and is subject to conversion into unprotected digital form that can in turn be copied or redistributed illegally. (15) A solution to this problem is technologically feasible but will require government action, including a mandate to ensure its swift and ubiquitous adoption. (16) Unprotected digital content on the Internet is subject to significant piracy, through illegal file sharing, downloading, and redistribution over the Internet. (17) Millions of Americans are currently downloading television programs, movies, and music on the Internet and by using ``file-sharing'' technology. Much of this activity is illegal, but demonstrates consumers' desire to access digital content. (18) This piracy poses a substantial economic threat to America's content industries. (19) A solution to this problem is technologically feasible but will require government action, including a mandate to ensure its swift and ubiquitous adoption. (20) Providing a secure, protected environment for digital content should be accompanied by a preservation of legitimate consumer expectations regarding use of digital content in the home. (21) Secure technological protections should enable content owners to disseminate digital content over the Internet without frustrating consumers' legitimate expectations to use that content in a legal manner. (22) Technologies used to protect digital content should facilitate legitimate home use of digital content. (23) Technologies used to protect digital content should facilitate individuals' ability to engage in legitimate use of digital content for educational or research purposes. SEC. 3. ADOPTION OF SECURITY SYSTEM STANDARDS AND ENCODING RULES. (a) Private Sector Efforts.-- (1) In general.--The Federal Communications Commission, in consultation with the Register of Copyrights, shall make a determination, not more than 12 months after the date of enactment of this Act, as to whether-- (A) representatives of digital media device manufacturers, consumer groups, and copyright owners have reached agreement on security system standards for use in digital media devices and encoding rules; and (B) the standards and encoding rules conform to the requirements of subsections (d) and (e). (2) Report to the commerce and judiciary committees.-- Within 6 months after the date of enactment of this Act, the Commission shall report to the Senate Committee on Commerce, Science and Transportation, the Senate Committee on the Judiciary, the House of Representatives Committee on Commerce, and the House of Representatives Committee on the Judiciary as to whether-- (A) substantial progress has been made toward the development of security system standards and encoding rules that will conform to the requirements of subsections (d) and (e); (B) private sector negotiations are continuing in good faith; (C) there is a reasonable expectation that final agreement will be reached within 1 year after the date of enactment of this Act; and (D) if it is unlikely that such a final agreement will be reached by the end of that year, the deadline should be extended. (b) Affirmative Determination.--If the Commission makes a determination under subsection (a)(1) that an agreement on security system standards and encoding rules that conform to the requirements of subsections (d) and (e) has been reached, then the Commission shall-- (1) initiate a rulemaking, within 30 days after the date on which the determination is made, to adopt those standards and encoding rules; and (2) publish a final rule pursuant to that rulemaking, not later than 180 days after initiating the rulemaking, that will take effect 1 year after its publication. (c) Negative Determination.--If the Commission makes a determination under subsection (a)(1) that an agreement on security system standards and encoding rules that conform to the requirements of subsections (d) and (e) has not been reached, then the Commission-- (1) in consultation with representatives described in subsection (a)(1)(A) and the Register of Copyrights, shall initiate a rulemaking, within 30 days after the date on which the determination is made, to adopt security system standards and encoding rules that conform to the requirements of subsections (d) and (e); and (2) shall publish a final rule pursuant to that rulemaking, not later than 1 year after initiating the rulemaking, that will take effect 1 year after its publication. (d) Security System Standards.--In achieving the goals of setting open security system standards that will provide effective security for copyrighted works, the security system standards shall ensure, to the extent practicable, that-- (1) the standard security technologies are-- (A) reliable; (B) renewable; (C) resistant to attack; (D) readily implemented; (E) modular; (F) applicable to multiple technology platforms; (G) extensible; (H) upgradable; (I) not cost prohibitive; and (2) any software portion of such standards is based on open source code. (e) Encoding Rules.-- (1) Limitations on the exclusive rights of copyright owners.--In achieving the goal of promoting as many lawful uses of copyrighted works as possible, while preventing as much infringement as possible, the encoding rules shall take into account the limitations on the exclusive rights of copyright owners, including the fair use doctrine. (2) Personal use copies.--No person may apply a security measure that uses a standard security technology to prevent a lawful recipient from making a personal copy for lawful use in the home of programming at the time it is lawfully performed, on an over-the-air broadcast, premium or non-premium cable channel, or premium or non-premium satellite channel, by a television broadcast station (as defined in section 122(j)(5)(A) of title 17, United States Code), a cable system (as defined in section 111(f) of such title), or a satellite carrier (as defined in section 119(d)(6) of such title). (f) Means of Implementing Standards.--The security system standards adopted under subsection (b), (c), or (g) shall provide for secure technical means of implementing directions of copyright owners for copyrighted works. (g) Commission May Revise Standards and Rules Through Rulemaking.-- (1) In general.--The Commission may conduct subsequent rulemakings to modify any security system standards or encoding rules established under subsection (b) or (c) or to adopt new security system standards that conform to the requirements of subsections (d) and (e). (2) Consultation required.--The Commission shall conduct any such subsequent rulemaking in consultation with representatives of digital media device manufacturers, consumer groups, and copyright owners described in subsection (a)(1)(A) and with the Register of Copyrights. (3) Implementation.--Any final rule published in such a subsequent rulemaking shall-- (A) apply prospectively only; and (B) take into consideration the effect of adoption of the modified or new security system standards and encoding rules on consumers' ability to utilize digital media devices manufactured before the modified or new standards take effect. (h) Modification of Technology by Private Sector.-- (1) In general.--After security system standards have been established under subsection (b), (c), or (g) of this section, representatives of digital media device manufacturers, consumer groups, and copyright owners described in subsection (a)(1)(A) may modify the standard security technology that adheres to the security system standards rules established under this section if those representatives determine that a change in the technology is necessary because-- (A) the technology in use has been compromised; or (B) technological improvements warrant upgrading the technology in use. (2) Implementation notification.--The representatives described in paragraph (1) shall notify the Commission of any such modification before it is implemented or, if immediate implementation is determined by the representatives to be necessary, as soon thereafter as possible. (3) Compliance with subsection (d) requirements.--The Commission shall ensure that any modification of standard security technology under this subsection conforms to the requirements of subsection (d). SEC. 4. PRESERVATION OF THE INTEGRITY OF SECURITY. An interactive computer service shall store and transmit with integrity any security measure associated with standard security technologies that is used in connection with copyrighted material such service transmits or stores. SEC. 5. PROHIBITION ON SHIPMENT IN INTERSTATE COMMERCE OF NONCONFORMING DIGITAL MEDIA DEVICES. (a) In General.--A manufacturer, importer, or seller of digital media devices may not-- (1) sell, or offer for sale, in interstate commerce, or (2) cause to be transported in, or in a manner affecting, interstate commerce, a digital media device unless the device includes and utilizes standard security technologies that adhere to the security system standards adopted under section 3. (b) Exception.--Subsection (a) does not apply to the sale, offer for sale, or transportation of a digital media device that was legally manufactured or imported, and sold to the consumer, prior to the effective date of regulations adopted under section 3 and not subsequently modified in violation of section 6(a). SEC. 6. PROHIBITION ON REMOVAL OR ALTERATION OF SECURITY TECHNOLOGY; VIOLATION OF ENCODING RULES. (a) Removal or Alteration of Security Technology.--No person may-- (1) knowingly remove or alter any standard security technology in a digital media device lawfully transported in interstate commerce; or (2) knowingly transmit or make available to the public any copyrighted material where the security measure associated with a standard security technology has been removed or altered, without the authority of the copyright owner. (b) Compliance With Encoding Rules.--No person may knowingly apply to a copyrighted work, that has been distributed to the public, a security measure that uses a standard security technology in violation of the encoding rules adopted under section 3. SEC. 7. ENFORCEMENT. (a) In General.--The provisions of section 1203 and 1204 of title 17, United States Code, shall apply to any violation of this Act as if-- (1) a violation of section 5 or 6(a)(1) of this Act were a violation of section 1201 of title 17, United States Code; and (2) a violation of section 4 or section 6(a)(2) of this Act were a violation of section 1202 of that title. (b) Statutory Damages.--A court may award damages for each violation of section 6(b) of not less than $200 and not more than $2,500, as the court considers just. SEC. 8. FEDERAL ADVISORY COMMITTEE ACT EXEMPTION. The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to any committee, board, commission, council, conference, panel, task force, or other similar group of representatives of digital media devices and representatives of copyright owners convened for the purpose of developing the security system standards and encoding rules described in section 3. SEC. 9. DEFINITIONS. In this Act: (1) Standard security technology.--The term ``standard security technology'' means a security technology that adheres to the security system standards adopted under section 3. (2) Interactive computer service.--The term ``interactive computer service'' has the meaning given that term in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)). (3) Digital media device.--The term ``digital media device'' means any hardware or software that-- (A) reproduces copyrighted works in digital form; (B) converts copyrighted works in digital form into a form whereby the images and sounds are visible or audible; or (C) retrieves or accesses copyrighted works in digital form and transfers or makes available for transfer such works to hardware or software described in subparagraph (B). (4) Commission.--The term ``Commission'' means the Federal Communications Commission. SEC. 10. EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act, except that sections 4, 5, and 6 shall take effect on the day on which the final rule published under section 3(b) or (c) takes effect.

Consumer Broadband and Digital Television Promotion Act - Requires the Federal Communications Commission (FCC) to make a determination as to whether: (1) representatives of digital media device manufacturers, consumer groups, and copyright owners (representatives) have reached agreement on security system standards for use in digital media devices and encoding rules; and (2) such standards and rules conform with security system standards and encoding rules required under this Act. Provides for the adoption of conforming standards and rules based on whether such determination is affirmative or negative. Outlines appropriate security system standards and encoding rules. Authorizes: (1) the FCC to revise implemented standards and rules through rulemaking; or (2) representatives to modify implemented standards in response to a compromise or upgrade of technology.Requires an interactive computer service to store and transmit with integrity any technology security measure used in connection with copyrighted material that such service transmits or stores.Prohibits: (1) the sale or shipment in interstate commerce of nonconforming digital media devices; (2) the removal or alteration of security technology in a digital media device; or (3) application to a copyrighted work of a security measure that uses a standard security technology in violation of encoding rules.Provides for enforcement of violations of this Act.

A bill to regulate interstate commerce in certain devices by providing for private sector development of technological protection measures to be implemented and enforced by Federal regulations to protect digital content and promote broadband as well as the transition to digital television, and for other purposes.

SECTION 1. PURCHASE OF SETTLEMENT COMMON STOCK OF COOK INLET REGION. (a) In General.--Section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)) is amended by adding at the end the following: ``(4) Cook Inlet Regional Corporation.--(A) In this paragraph: ``(i) The term `Cook Inlet Regional Corporation' means Cook Inlet Region, Incorporated. ``(ii) The term `nonresident distribution right' means the right of owners of nonvillage shares to share in distributions made to shareholders pursuant to subsections (j) and (m). ``(iii) The term `nonvillage shares' means shares of Settlement Common Stock owned by stockholders who are not residents of a Native village. ``(iv) The term `nonvoting security' means a security, for only the nonresident rights that attach to a share of Settlement Common Stock, that does not have attached voting rights. ``(B) Cook Inlet Regional Corporation may, by an amendment to its articles of incorporation made in accordance with the voting standards under section 36(d)(1), purchase Settlement Common Stock of Cook Inlet Regional Corporation and all rights associated with the stock from the shareholders of Cook Inlet Regional Corporation in accordance with any provisions included in the amendment that relate to the terms, procedures, number of offers to purchase, and timing of offers to purchase. ``(C) Subject to subparagraph (D), and notwithstanding paragraph (1)(B), the shareholders of Cook Inlet Regional Corporation may, in accordance with an amendment made pursuant to subparagraph (B), sell Settlement Common Stock of the Cook Inlet Regional Corporation to the Corporation. ``(D) No purchase or sale may be made pursuant to this paragraph without the prior approval of the board of directors of Cook Inlet Regional Corporation. Except as provided in subparagraph (E), each purchase and sale made under this paragraph shall be made pursuant to an offer made on the same terms to all holders of Settlement Common Stock of the Cook Inlet Regional Corporation. ``(E) To recognize the different rights that accrue to any class or series of nonvillage shares, an amendment made pursuant to subparagraph (B) shall authorize the board of directors (at the option of the board) to offer to purchase-- ``(i) nonvillage shares, including nonresident distribution rights, at a price that includes a premium, in addition to the amount that is offered for the purchase of other village shares of Settlement Common Stock of the Cook Inlet Regional Corporation, that reflects the value of the nonresident distribution rights; or ``(ii) nonvillage shares without the nonresident distribution rights associated with the shares. ``(F) Any shareholder who accepts an offer made by the board of directors pursuant to subparagraph (E)(ii) shall receive, with respect to each nonvillage share sold by the shareholder to the Cook Inlet Regional Corporation-- ``(i) the consideration for a share of Settlement Common Stock offered to shareholders of village shares; and ``(ii) a nonvoting security. ``(G) An amendment made pursuant to subparagraph (B) shall authorize the issuance of a nonvoting security that-- ``(i) shall, for purposes of subsections (j) and (m), be treated as a nonvillage share with respect to-- ``(I) computing distributions under those subsections; and ``(II) entitling the holder of the share to the proportional share of the distributions made under those subsections; ``(ii) may be sold to Cook Inlet Regional Corporation; and ``(iii) shall otherwise be subject to the restrictions under paragraph (1)(B). ``(H) A share of Settlement Common Stock purchased pursuant to this paragraph shall be canceled on the conditions that-- ``(i) a nonvillage share with the nonresident rights that attach to such a share that is purchased pursuant to this paragraph shall be considered to be-- ``(I) an outstanding share; and ``(II) for the purposes of subsection (m), a share of stock registered on the books of the Cook Inlet Regional Corporation in the name of a stockholder who is not a resident of a Native village; ``(ii) any amount of funds that would be distributable with respect to a nonvillage share or nonvoting security pursuant to subsection (j) or (m) shall be distributed by Cook Inlet Regional Corporation to the Corporation; and ``(iii) a village share that is purchased pursuant to this paragraph shall be considered to be-- ``(I) an outstanding share; and ``(II) for the purposes of subsection (k), shares of stock registered on the books of the Cook Inlet Regional Corporation in the name of a resident of a Native village. ``(I) Any offer to purchase Settlement Common Stock made pursuant to this paragraph shall exclude from the offer-- ``(i) any share of Settlement Common Stock held, at the time the offer is made, by an officer (including a member of the board of directors) of Cook Inlet Regional Corporation or a member of the immediate family of the officer; and ``(ii) any share of Settlement Common Stock held by any custodian, guardian, trustee, or attorney representing a shareholder of Cook Inlet Regional Corporation in fact or law, or any other similar person, entity, or representative. ``(J)(i) The board of directors of Cook Inlet Regional Corporation, in determining the terms of an offer to purchase made under this paragraph, including the amount of any premium paid with respect to a nonvillage share, may rely upon the good faith opinion of a recognized firm of investment bankers or valuation experts. ``(ii) Notwithstanding any other law, Cook Inlet Regional Corporation, a member of the board of directors of Cook Inlet Regional Corporation, and any firm or member of a firm of investment bankers or valuation experts who assists in a determination made under this subparagraph shall not be liable for damages resulting from terms made in an offer made in connection with any purchase of Settlement Common Stock if the offer was made-- ``(I) in good faith; ``(II) in reliance on a determination made pursuant to clause (i); and ``(III) otherwise in accordance with this paragraph. ``(K) The consideration given for the purchase of Settlement Common Stock made pursuant to an offer to purchase that provides for the consideration may be in the form of cash, securities, or a combination of cash and securities, as determined by the board of directors of Cook Inlet Regional Corporation, in a manner consistent with an amendment made pursuant to subparagraph (B). ``(L) Sale of Settlement Common Stock in accordance with this paragraph shall not diminish a shareholder's status as a Native or descendant of a Native for the purpose of qualifying for those programs, benefits and services or other rights or privileges set out for the benefit of Natives and Native Americans. Proceeds from the sale of Settlement Common Stock shall not be excluded in determining eligibility for any needs-based program that may be provided by a Federal, State, or local agency.''. (b) Conforming Amendment.--Section 8(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1607(c)) is amended by striking ``(h)'' and inserting ``(h) (other than paragraph (4))''.

Amends the Alaska Native Claims Settlement Act to authorize the Cook Inlet Regional Corporation (Cook Inlet Region, Incorporated) to purchase its shareholder-held common stock.

A bill to amend the Alaska Native Claims Settlement Act to provide for the purchase of common stock of Cook Inlet Region, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Championing Apprenticeships for New Careers and Employees in Technology Act'' or the ``CHANCE in TECH Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) During any given 90-day period there can be more than 500,000 information technology job openings in the United States. (2) Employment in the technology sector is growing twice as fast as employment in the United States. (3) Jobs in the technology sector tend to provide higher pay and better benefits than other jobs and have been more resilient to economic downturn than jobs available in other private sector industries. (4) Information technology skills are transferable across nearly all industries. (5) Exceptional education and on-the-job training programs exist and should be scaled to meet the demands of the modern technology workforce. (6) Adoption of existing employer-driven intermediary models, such as ApprenticeshipUSA under the Department of Labor, will help grow the information technology workforce. (7) Career pathway education should start in high school through pathways and programs of study that align with local and regional employer needs. (8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st century. (9) Nearly 800,000 information technology workers will retire between 2017 and 2024. (10) In 2016, the average salary in the information technology sector was $108,000, while the average salary among all other sectors was $53,040. SEC. 3. TECHNOLOGY APPRENTICESHIP CONTRACTS. (a) In General.--The Secretary of Labor (referred to in this section as ``the Secretary'') shall enter into contracts with industry intermediaries for the purpose of promoting the development of and access to apprenticeships in the technology sector, from amounts appropriated under subsection (e). (b) Eligibility.--To be eligible to be awarded a contract under this section, an industry intermediary shall submit an application to the Secretary, at such time and in such a manner as may be required by the Secretary, that identifies proposed activities designed to further the purpose described in subsection (a). (c) Selection.--The Secretary shall award contracts under this section based on competitive criteria to be prescribed by the Secretary. (d) Contractor Activities.--An industry intermediary that is awarded a contract under this section may only use the funds made available through such contract to carry out activities designed to further the purpose described in subsection (a), including-- (1) facilitating the provision and development of apprenticeships in the technology sector through collaborations with public and private entities that provide job-related instruction, such as on-the-job training, pre-apprenticeship training, and technical training; (2) encouraging entities to establish such apprenticeships; (3) identifying, assessing, and training applicants for such apprenticeships who are-- (A) enrolled in high school; (B) enrolled in an early college high school that focuses on education in STEM subjects; (C) individuals aged 18 years or older who meet appropriate qualification standards; or (D) enrolled in pre-apprenticeship or apprenticeship training initiatives that allow adults to concurrently increase academic and workforce skills through proven, evidence-based models that connect all learning to the specific apprenticeship involved and significantly accelerate completion of preparation for the apprenticeship; and (4) tracking the progress of such applicants who participate in such apprenticeships. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for the purposes of carrying out this section. SEC. 4. CHANCE IN TECH AWARDS FOR 21ST CENTURY SCHOOLS. (a) Awards Authorized.--The Secretary of Education may issue awards, to be known as ``CHANCE in TECH Awards for 21st Century Schools'', to schools (referred to in this section as ``covered schools'') that-- (1) are secondary schools or junior or community colleges; and (2) demonstrate high achievement in providing students necessary skills to compete in the 21st century workforce. (b) Criteria.--In selecting a covered school for an award under subsection (a), the Secretary shall take into account-- (1) the availability of STEM, career and technical education, and computer technology courses at the covered school; (2) State academic assessments, as described in section 111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)), of students at the covered school in STEM subjects; (3) any coordination between the covered school and local and regional employers in the technology sector for the purpose of providing work-based learning programs such as apprenticeships and internships; and (4) the availability of individualized plans provided by the covered school to students relating to postsecondary education or training, career paths, and financial aid. SEC. 5. FUNDING. (a) Fiscal Year 2017.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2017 to carry out the Act referred to in section 6(1) may be used to carry out this Act. (b) Subsequent Years.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2018 and each subsequent fiscal year. SEC. 6. DEFINITIONS. In this Act: (1) Apprenticeship.--The term ``apprenticeship'' means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (2) Career and technical education.--The term ``career and technical education'' has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (3) Early college high school.--The term ``early college high school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) High school.--The term ``high school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Industry intermediary.--The term ``industry intermediary'' means an entity that-- (A) in order to accelerate apprenticeship program development and help establish new apprenticeship partnerships at the national, State, or regional level, serves as a conduit between an employer and an entity, such as-- (i) an industry partner; (ii) the Department of Labor; and (iii) a State agency responsible for workforce development programs; (B) demonstrates a capacity to work with employers and other key partners to identify workforce trends and foster public-private funding to establish new apprenticeship programs; and (C) is an entity such as-- (i) a business; (ii) a consortium of businesses; (iii) a business-related nonprofit organization, including industry associations and business federations; (iv) a private organization functioning as a workforce intermediary for the express purpose of serving the needs of businesses, including community-based nonprofit service providers and industry-aligned training providers; or (v) a consortium of any of the entities described in clauses (i) through (iv). (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (7) Junior or community college.--The term ``junior or community college'' has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). (8) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (9) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (10) State educational agency.--The term ``State educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (11) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics. (12) Technology sector.--The term ``technology sector'' means the industry sector involved in the design or development of hardware, software, or security of digital data.

CHampioning Apprenticeships for New Careers and Employees in TECHnology Act or the CHANCE in TECH Act This bill requires the Department of Labor to enter into competitive contracts with industry intermediaries to promote the development of and access to apprenticeships in the technology sector. The Department of Education may issue CHANCE in TECH Awards for 21st Century Schools to secondary schools or junior or community colleges that demonstrate high achievement in providing students necessary skills to compete in the 21st century workforce.

Championing Apprenticeships for New Careers and Employees in Technology Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Error Reduction Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The United States has the finest health care system in the world. However, there is continuing concern and fear among the public about the safety of the nation's health care system as a result of a high occurrence of medical mistakes--the fifth leading cause of death. (2) One national study estimates that more than 100,000,000 Americans have experience with medical errors and 1 out 3 cases caused permanent harm, with half of the errors occurring in hospitals. (3) Three of the top patient-safety issues were exposure to infection, level of care received, and the credentials of health care professionals. (4) A recent large-scale study indicates that at least 44,000 Americans may die each year as a result of medical error. Another study suggests that this number may be as high as 98,000 Americans. (5) When using the lower estimate in paragraph (4), deaths due to medical errors still exceed the number of deaths attributable to motor vehicle accidents (43,458), breast cancer (42,297), or AIDS (16,516). (6) Deaths from adverse drug events total more than 7,000 annually--exceeding the number of yearly workplace injuries (6,000). (7) The total national cost of preventable medical errors resulting in injury is estimated to be between $17,000,000,000 and $29,000,000,000, from direct medical costs, lost productivity, and disability. (8) One recent study found that about 2 out of every 100 admissions involves a preventable adverse drug event. If these findings are generalized, these adverse drug events affecting inpatients cost $2,000,000,000 nationally. (9) Medical errors are costly in terms of repeat tests and medical countermeasures, which also are subject to compounding errors. Purchasers and patients pay for errors when insurance costs and co-payments are inflated by services that would not have been necessary had proper care been provided. (10) Errors also erode trust in the health care system by patients who experience longer hospital stays or disabilities and physical and psychological discomfort. Health care professionals pay for errors with loss of morale and frustration at not being able to provide the best care possible. (b) Purpose.--It is the purpose of this Act to ensure that individuals enjoy the right to be free from accidental injury, accidental death, and medication-related errors, including medication- related errors. SEC. 3. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. Title IX of the Public Health Service Act (42 U.S.C. 299 et seq.) is amended-- (1) by redesignating part C as part D; (2) by redesignating sections 921 through 928, as sections 931 through 938, respectively; (3) in section 938(1) (as so redesignated), by striking ``921'' and inserting ``931''; and (4) by inserting after part B the following: ``PART C--REDUCING ERRORS IN HEALTH CARE ``SEC. 921. DEFINITIONS. ``In this part: ``(1) Adverse event.--The term `adverse event' means an injury resulting from medical management rather than the underlying condition of the patient. ``(2) Error.--The term `error' means the failure of a planned action to be completed as intended or the use of a wrong plan to achieve the desired outcome. ``(3) Health care provider.--The term `health care provider' means an individual or entity that provides medical services and is a participant in a demonstration program under this part. ``(4) Health care-related error.--The term ``health care- related error'' means a preventable adverse event related to a health care intervention or a failure to intervene appropriately. ``(5) Medication-related error.--The term `medication- related error' means a preventable adverse event related to the administration of a medication. ``(6) Safety.--The term `safety' with respect to an individual means that such individual has a right to be free from preventable serious injury. ``(7) Sentinel event.--The term `sentinel event' means an unexpected occurrence involving an individual that results in death or serious physical injury that is unrelated to the natural course of the individual's illness or underlying condition. ``SEC. 922. ESTABLISHMENT OF STATE-BASED MEDICAL ERROR REPORTING SYSTEMS. ``(a) In General.--The Secretary shall make grants available to States to enable such States to establish reporting systems designed to reduce medical errors and improve health care quality. ``(b) Requirement.-- ``(1) In general.--To be eligible to receive a grant under subsection (a), the State involved shall provide assurances to the Secretary that amounts received under the grant will be used to establish and implement a medical error reporting system using guidelines (including guidelines relating to the confidentiality of the reporting system) developed by the Agency for Healthcare Research and Quality with input from interested, non- governmental parties including patient, consumer and health care provider groups. ``(2) Guidelines.--Not later than 90 days after the date of enactment of this part, the Agency for Healthcare Research and Quality shall develop and publish the guidelines described in paragraph (1). ``(c) Data.-- ``(1) Availability.--A State that receives a grant under subsection (a) shall make the data provided to the medical error reporting system involved available only to the Agency for Healthcare Research and Quality and may not otherwise disclose such information. ``(2) Confidentiality.--Nothing in this part shall be construed to supersede any State law that is inconsistent with this part. ``(d) Application.--To be eligible for a grant under this section, a State shall prepare and submit to the Secretary an application at such time, in such manner and containing, such information as the Secretary shall require. ``SEC. 923. DEMONSTRATION PROJECTS TO REDUCE MEDICAL ERRORS, IMPROVE PATIENT SAFETY, AND EVALUATE REPORTING. ``(a) Establishment.--The Secretary, acting through the Director of the Agency for Healthcare Research and Quality and in conjunction with the Administrator of the Health Care Financing Administration, may establish a program under which funding will be provided for not less than 15 demonstration projects, to be competitively awarded, in health care facilities and organizations in geographically diverse locations, including rural and urban areas (as determined by the Secretary), to determine the causes of medical errors and to-- ``(1) use technology, staff training, and other methods to reduce such errors; ``(2) develop replicable models that minimize the frequency and severity of medical errors; ``(3) develop mechanisms that encourage reporting, prompt review, and corrective action with respect to medical errors; and ``(4) develop methods to minimize any additional paperwork burden on health care professionals. ``(b) Activities.-- ``(1) In general.--A health care provider participating in a demonstration project under subsection (a) shall-- ``(A) utilize all available and appropriate technologies to reduce the probability of future medical errors; and ``(B) carry out other activities consistent with subsection (a). ``(2) Reporting to patients.--In carrying out this section, the Secretary shall ensure that-- ``(A) 5 of the demonstration projects permit the voluntary reporting by participating health care providers of any adverse events, sentinel events, health care-related errors, or medication-related errors to the Secretary; ``(B) 5 of the demonstration projects require participating health care providers to report any adverse events, sentinel events, health care-related errors, or medication-related errors to the Secretary; and ``(C) 5 of the demonstration projects require participating health care providers to report any adverse events, sentinel events, health care-related errors, or medication-related errors to the Secretary and to the patient involved and a family member or guardian of the patient. ``(3) Confidentiality.-- ``(A) In general.--The Secretary and the participating grantee organization shall ensure that information reported under this section remains confidential. ``(B) Use.--The Secretary may use the information reported under this section only for the purpose of evaluating the ability to reduce errors in the delivery of care. Such information shall not be used for enforcement purposes. ``(C) Disclosure.--The Secretary may not disclose the information reported under this section. ``(D) Nonadmissibility.--Information reported under this section shall be privileged, confidential, shall not be admissible as evidence or discoverable in any civil or criminal action or proceeding or subject to disclosure, and shall not be subject to the Freedom of Information Act (5 U.S.C. App). This paragraph shall apply to all information maintained by the reporting entity and the entities who receive such reports. ``(c) Use of Technologies.--The Secretary shall encourage, as part of the demonstration projects conducted under subsection (a), the use of appropriate technologies to reduce medical errors, such as hand-held electronic prescription pads, training simulators for medical education, and bar-coding of prescription drugs and patient bracelets. ``(d) Database.--The Secretary shall provide for the establishment and operation of a national database of medical errors to be used as provided for by the Secretary. The information provided to the Secretary under subsection (b)(2) shall be contained in the database. ``(e) Evaluation.--The Secretary shall evaluate the progress of each demonstration project established under this section in reducing the incidence of medical errors and submit the results of such evaluations as part of the reports under section 926(b). ``(f) Reporting.--Prior to October 1, of the third fiscal year for which funds are made available under this section, the Secretary shall prepare and submit to the appropriate committees of Congress an interim report concerning the results of such demonstration projects. ``SEC. 924. PATIENT SAFETY IMPROVEMENT. ``(a) In General.--The Secretary shall provide information to educate patients and family members about their role in reducing medical errors. Such information shall be provided to all individuals who participate in Federally-funded health care programs. ``(b) Development of Programs.--The Secretary shall develop programs that encourage patients to take a more active role in their medical treatment, including encouraging patients to provide information to health care providers concerning pre-existing conditions and medications. ``SEC. 925. PRIVATE, NONPROFIT EFFORTS TO REDUCE MEDICAL ERRORS. ``(a) In General.--The Secretary shall make grants to health professional associations and other organizations to provide training in ways to reduce medical errors, including curriculum development, technology training, and continuing medical education. ``(b) Application.--To be eligible for a grant under this section, an entity shall prepare and submit to the Secretary an application at such time, in such manner and containing, such information as the Secretary shall require. ``SEC. 926. REPORT TO CONGRESS. ``(a) Initial Report.--Not later than 180 days after the date of enactment of this part, the Secretary shall prepare and submit to the appropriate committees of Congress a report concerning the costs associated with implementing a program that identifies factors that contribute to errors and which includes upgrading the health care computer systems and other technologies in the United States in order to reduce medical errors, including computerizing hospital systems for the coordination of prescription drugs and handling of laboratory specimens, and contains recommendation on ways in which to reduce those factors. ``(b) Other Reports.--Not later than 180 days after the completion of all demonstration projects under section 923, the Secretary shall prepare and submit to the appropriate committees of Congress a report concerning-- ``(1) how successful each demonstration project was in reducing medical errors; ``(2) the data submitted by States under section 922(c); ``(3) the best methods for reducing medical errors; ``(4) the costs associated with applying such best methods on a nationwide basis; and ``(5) the manner in which other Federal agencies can share information on best practices in order to reduce medical errors in all Federal health care programs. ``SEC. 927. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated such sums as may be necessary to carry out this part.''.

Authorizes the Secretary, acting through the Director of the Agency, to establish a program under which funding will be provided for at least 15 demonstration projects to be competitively awarded in health care facilities and organizations in geographically diverse locations to determine the causes of medical errors and develop specified methods to reduce, minimize, and provide for reporting and corrective action of, such errors. Provides that at least five of such projects shall require participating health care providers to report adverse events and health- or medication-related errors to the patient and patient's family member. Permits the use of reported information only for purposes of evaluating the ability to reduce errors in delivery of care. Subjects such information to confidentiality requirements and makes it inadmissible as evidence in any civil or criminal action. Prohibits disclosure of such information under the Freedom of Information Act as well. Directs the Secretary to: (1) provide for establishment of a national database of medical errors to contain information collected under this Act; (2) provide information to educate patients and family members about their role in reducing medical errors; (3) develop programs that encourage patients to take a more active role in their medical treatment; and (4) make grants to health professional associations and other organizations to provide training in ways to reduce medical errors. Requires the Secretary to report to appropriate congressional committees on: (1) costs associated with implementing a program that identifies factors that contribute to errors and which includes upgrading the heath care computer systems and other technologies in the United States to reduce medical errors; and (2) the success of each demonstration project, data collected by States, best methods for reducing medical errors and costs associated with applying such methods, and sharing information on best practices to reduce such errors in Federal health care programs. Authorizes appropriations.

Medical Error Reduction Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Corruption Elimination Act of 2010''. SEC. 2. CONVICTION OF CERTAIN OFFENSES. (a) Offenses Described.--Section 8312 of title 5, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) An offense described in this subsection is any act or omission of an individual which-- ``(1) is a felony under Federal or State law; ``(2) involves bribery, graft, misappropriation of public funds or property, or conflicts of interest; ``(3) occurred in connection with the individual's service as an employee; and ``(4) occurs after the date of the enactment of this subsection.''. (b) Technical and Conforming Amendments.--(1) Section 8312(a) of such title is amended-- (A) by striking ``or'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; or''; and (C) by inserting after paragraph (2) the following: ``(3) was convicted after the date of the enactment of this paragraph of an offense described in subsection (d), to the extent provided by that subsection.''. (2) The last sentence of section 8312(a) of such title is amended-- (A) by striking ``and'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (C) by adding at the end the following: ``(C) with respect to the offenses described in subsection (d), to the period after the date of conviction.''. (3) Section 8312(d)(1) of such title is amended-- (A) in the matter before subparagraph (A), by striking ``subsections (b)(1) and (c)(1),'' and inserting ``subsections (b)(1), (c)(1), and (d)(1),''; and (B) in subparagraph (A), by striking ``enumerated in subsections (b)(1) and (c)(1),'' and inserting ``enumerated or described in subsections (b)(1), (c)(1), and (d)(1),''. SEC. 3. DEFINITIONAL AMENDMENTS. (a) Annuity.--Section 8311(2) of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (F); (2) by striking ``and'' at the end of subparagraph (G) and inserting ``or''; and (3) by inserting after subparagraph (G) the following: ``(H) a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of chapter 7 of title 42, awarded before the date of the enactment of this subparagraph to an individual, or the survivor or beneficiary of such individual, insofar as the individual was convicted of an offense described in subsection (d) of section 8312, to the extent provided by that subsection; and''. (b) Retired Pay.--Section 8311(3) of such title is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by redesignating subparagraph (D) as subparagraph (E); (3) by inserting after subparagraph (C) the following: ``(D) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before the date of the enactment of this subparagraph, insofar as the individual was convicted of an offense described in subsection (d) of section 8312, to the extent provided by that subsection;''. (4) in subparagraph (E) (as so redesignated by paragraph (2))-- (A) by inserting ``(other than an offense described in subsection (d) of such section 8312)'' after ``of this title'' in clause (i); and (B) by striking the period at the end and inserting ``; or''; and (5) by adding at the end the following: ``(F) an annuity payable to an eligible beneficiary of an individual, if the annuity was awarded to the beneficiary, or if retired pay was awarded to the individual, before the date of the enactment of subsection (d) of section 8312, insofar as the individual, on the basis of whose service the annuity was awarded, was convicted of an offense described in subsection (d) of such section 8312, to the extent provided by that subsection.''. SEC. 4. ABSENCE FROM THE UNITED STATES TO AVOID PROSECUTION. Section 8313(a)(1) of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking ``and'' at the end of subparagraph (B) and inserting ``or''; and (3) by adding at the end the following: ``(C) after the date of the enactment of subsection (d) of section 8312, for an offense described in such subsection; and''. SEC. 5. REFUND OF CONTRIBUTIONS AND DEPOSITS. Section 8316(b) of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``; or''; and (3) by adding at the end the following: ``(3) if the individual was convicted of an offense described in subsection (d) of section 8312, for the period after the conviction.''. SEC. 6. RESTORATION OF ANNUITY OR RETIRED PAY. Section 8318(a) of title 5, United States Code, is amended by inserting after ``is pardoned by the President'' the following: ``(or by the Governor, in the case of an offense against a State law described in subsection (d) of section 8312)''.

Public Corruption Elimination Act of 2010 - Denies federal retirement benefits to an individual (or his or her survivor or beneficiary) who has been convicted of a felony under federal or state law that involves bribery, graft, misappropriation of public funds or property, or conflicts of interest, that occurred in connection with the individual's service as an employee, and that occurs after this Act's enactment. Prohibits an individual who is under indictment for such offense from being paid an annuity or retired pay if the individual willfully remains outside the United States for more than one year with knowledge of the indictment or charges. Prohibits the computation and inclusion of interest on a refund of such an individual's retirement contributions for the period after the conviction. Authorizes restoration of annuity or retired pay if an individual who was convicted of an offense against state law under this Act is pardoned by the governor.

To amend title 5, United States Code, to deny Federal retirement benefits to an individual convicted of a felony which occurred in connection with such individual's Government employment or service, and for other purposes.

SECTION 1. FINDINGS. Congress makes the following findings: (1) Today in the West Bank and Gaza, textbooks used in Palestinian schools are teaching hatred towards Jews and the incitement towards violence. (2) Article XXII of the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip of 1995 declares that Israel and the Palestinian Authority will ``ensure that their respective educational systems contribute to the peace between the Israeli and Palestinian peoples and to peace in the entire region, and will refrain from the introduction of any motifs that could adversely affect the process of reconciliation''. (3) As a result of the Oslo Accords, the responsibility for education in the West Bank and Gaza was transferred from the Government of Israel to the Palestinian Ministry of Education. (4) Since the early 1950s, Palestinian schools in the West Bank have used Jordanian textbooks and the schools in Gaza used Egyptian textbooks, but when these areas were under the control of the Israeli government, anti-Semitic and anti-Israel content was removed from the school books. (5) While beginning to develop their own curriculum, the Palestinian Ministry of Education continued to use Egyptian and Jordanian books, but failed to remove the anti-Israel and anti- Semitic content. (6) The Palestinian Ministry of Education directly supervised the production of new textbooks which are now used in schools in the West Bank and Gaza. (7) The new textbooks contain anti-Semitic and anti-Israel content, and the Israeli government no longer has the authority to change the content of the textbooks. (8) Palestinian Authority school children are actively taught that the Jews and Israel are the enemy in a broad range of contexts, and for example, page 79 of the Islamic Education for Ninth Grade reads, ``One must beware of the Jews, for they are treacherous and disloyal''. (9) The Islamic Education for Ninth Grade also instructs that ``one must beware of civil war which the Jews try to incite, scheming against the Muslims,'' on page 94. (10) On page 182, the text of the Islamic Education for Ninth Grade reads ``The Jews . . . have killed and evicted Muslim and Christian inhabitants of Palestine, whose inhabitants are still suffering oppression and persecution under racist Jewish administration.'' (11) The Islamic Religious Education for the Fourth Grade teaches students on page 44, `` . . . the Jews--as is their way--do not want people to live in peace.'' (12) The books include lessons equating Zionism with Nazism, Fascism, and racism, and for example, The Contemporary History of Arabs and the World, on page 123, states ``The clearest examples of racist belief and racial discrimination in the world are Nazism and Zionism.'' (13) Islamic Education for the Fourth Grade teaches children ``the Jews are the enemies'' on page 67. (14) The new textbooks do not acknowledge the State of Israel, but rather the creation of Israel is explained as the Israeli occupation of 1948. (15) All the maps of ``Palestine'', be they political, historical, geographical, or natural resource maps in the textbooks, erase mention of Israel. (16) The calls to fight and eliminate Israel through Jihad (Holy War) and Martyrdom for Allah, appear frequently in the school books. (17) In addition there is a separate recurring theme: the children are taught to fight and conquer Israel's capital, Jerusalem, and for example, the book Islamic Education for Seventh Grade asks: ``How are we going to liberate our stolen land? Make use of the following ideas: Arab unity, genuine faith in Allah, most modern weapons and ammunition, using oil and other precious natural resources as weapons in the battle for liberation'' on page 15. (18) The need to fight Israel, all of which is said to be on ``occupied Arab land'' becomes a religious imperative, with teachings like the following from Islamic Education for Seventh Grade, page 108: ``if the enemy has conquered part of its land and those fighting for it are unable to repel the enemy, then Jihad becomes the individual religious duty of every Muslim man and woman, until the attack is successfully repulsed and the land liberated from conquest and to defend Muslim honor . . .''. (19) The same message appears in the fifth grade text Our Arabic Language for Fifth Grade on pages 69 and 70, ``there will be a Jihad and our country shall be freed. This is our story with the thieving conquerors. You must know, my boy, that Palestine is your grave responsibility.'' (20) Children are specifically taught to protect all mosques, and for example, Islamic Education for the Seventh Grade instructs students that ``they must devote all their efforts and resources to repairing them and to protecting them and must wage a Jihad both of life and property to liberate al- Aqsa Mosque from the Zionist conquest'' on page 184. (21) Palestinian Authority Television is under direct control of the Palestinian Authority. (22) The same hateful portrayal of Jews and Israel found in the school books is promoted regularly on Palestinian television, and for example, on May 14, 1998, Palestinian television broadcast statements such as ``The Jewish gangs waged racial cleansing wars against innocent Palestinians . . . large scale appalling massacres saving no women or children''. (23) Also, radio and television broadcasts made by publicly funded facilities in the Palestinian Authority-controlled areas of the West Bank and Gaza include programs having an anti- Semitic, anti-Israel content. (24) On May 14, 1998, on Palestinian Television Zionism was presented as ``a cancer in the body of the nation.'' (25) The Palestinian Television also refuses to acknowledge the state of Israel, and broadcast in May 1998, ``the war of 1948 brought about the establishment of the Zionist entity on Palestinian land.'' (26) The message of Jihad is also conveyed on the Palestinian Television, and for example, the broadcasts declared in May 1998, ``This is our Palestine. We defend it with blood.'' (27) While the United States has not given aid directly to the Palestinian Authority since 1995, in fiscal year 2000 the United States allocated $485 million in development assistance to non-governmental organizations working in the West Bank and Gaza, including funds for education programs. (28) Between 1995 and 1998 international aid provided by 21 countries and 4 international organizations provided $226.9 million to educational projects in the Palestinian Territories. (29) From 1994 to 1999, the European Community committed over $600 million in assistance to the Palestinian Territories, including funds for education programs. SEC. 2. RESTRICTION ON ASSISTANCE. (a) Restriction.--No assistance shall be provided to the Palestinian Authority unless and until the President certifies to Congress that the Palestinian Authority has removed the anti-Semitic, anti-Israel content included in the textbooks used in schools, and radio and television broadcasts made by publicly funded facilities, in the Palestinian Authority-controlled areas of the West Bank and Gaza. (b) Sense of Congress.--It is the sense of Congress that the President should urge allies of the United States to apply an equivalent restriction on assistance as described in subsection (a).

Expresses the sense of Congress that the President should urge U.S. allies to apply equivalent restrictions on assistance to the Palestinian Authority.

A bill to prohibit assistance to the Palestinian Authority unless and until certain conditions are met.

SECTION 1. SHORT TITLE. This Act may be cited as the ``AmericaView Authorization Act''. SEC. 2. FINDINGS. Congress finds that-- (1) when Federal remote sensing data is available in a cost-effective and timely manner, State and local governments and educational institutions are able to develop new scientific, educational, and practical applications for the data and to adopt new tools for applied research, education, and training, as evidenced by the success of the United States Geological Survey pilot projects OhioView and Gateway to the Earth; (2) increased access to remote sensing data through State data archives benefits user communities that have traditionally struggled to afford the data because-- (A) educators-- (i) train college students for technology careers in remote sensing; and (ii) train teachers that remote sensing data can enhance student learning in elementary and secondary education; (B) historically black colleges and universities partner with StateView universities to enhance learning and training opportunities for students; (C) Native Americans provide training and education regarding-- (i) the use and application of remote sensing data for Native American students; and (ii) developing satellite-based applications for managing reservation resources; (3) universities and State and local government agencies use remote sensing data to support practical purposes, including-- (A) monitoring the health of national land and forests; (B) monitoring crop progress, assessing damage, and predicting crop yield; (C) assisting with transportation and land-use planning in the urban areas of the United States; (D) predicting and assisting with the management of human disease outbreaks; and (E) assessing and managing natural disasters; and (4) the AmericaView program is uniquely positioned-- (A) to help each State address remote sensing data infrastructure issues; and (B) to expand the use and benefits of remote sensing data to each State. SEC. 3. DEFINITIONS. In this Act: (1) Americaview program.--The term ``AmericaView program'' means the national AmericaView program of the United States Geological Survey established under section 4(a), comprised of-- (A) the AmericaView project; and (B) AmericaView. (2) Americaview project.--The term ``AmericaView project'' means the United States Geological Survey data archive, development, maintenance, and product distribution program conducted at the EROS Data Center. (3) Americaview.--The term ``AmericaView'' means the national nonprofit collaboration of StateView participants cooperating with the EROS Data Center to achieve the purposes of the AmericaView program. (4) Educational institution.--The term ``educational institution'' means any public or private elementary or secondary school, vocational school, correspondence school, business school, college (including a junior college or teachers' college), normal school, professional school, institution of higher education, or scientific or technical institution, or any other institution that furnishes education. (5) EROS data center.--The term ``EROS Data Center'' means the data management, systems development, and research field center of the United States Geological Survey. (6) National spatial data infrastructure.--The term ``National Spatial Data Infrastructure'' means the technology, policies, standards, and human resources necessary to acquire, process, store, distribute, and improve use of geospatial data for the United States established by Executive Order 12906 (59 Fed. Reg. 17671 (April 11, 1994)). (7) Remote sensing data.--The term ``remote sensing data'' means all information acquired from above the surface of the Earth by satellite or airplane. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (9) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (10) Stateview.--The term ``StateView'' means the AmericaView program of a single State, comprised of-- (A) educational institutions; and (B) State and local governments. SEC. 4. AMERICAVIEW PROGRAM. (a) In General.--The Secretary shall establish and maintain a nationwide program, to be known as the ``AmericaView'' program, to advance the availability, timely distribution, and widespread use of remote sensing data and technology in each State. (b) Purposes.--The purposes of the AmericaView program are-- (1) to increase accessibility and expand the use of remote sensing data in a standard, easy-to-use format to-- (A) Federal, State, local, and tribal governments; (B) communities; (C) educational institutions; and (D) the commercial sector; (2) to assist each State in establishing the infrastructure necessary to archive and distribute remote sensing data; (3) to ensure that the National Satellite Land Remote Sensing Data Archive of the United States Geological Survey and State remote sensing data archives support and comply with other Federal programs relating to national data infrastructure, homeland security, and national defense; and (4) to provide remote sensing data to the National Spatial Data Infrastructure. (c) Activities.-- (1) Americaview project.--The Secretary, acting through the AmericaView project, shall support the remote sensing data research and educational programs of each State by cooperating with the States-- (A) to identify new remote sensing data needs and infrastructure; and (B) to define, consolidate, and maintain the data requirements of that infrastructure. (2) Americaview.--The Secretary, acting through the AmericaView program, shall maintain AmericaView in each State-- (A) to share and cooperate in the development of a freely and publicly accessible remote sensing data archive and distribution infrastructure; (B) to cooperate with the AmericaView project to develop nationally consistent standards for remote sensing data archives in the State; (C) to expand the number of remote sensing data courses taught at educational institutions and provide training, remote sensing data, and teaching tools to educators; (D) to expand remote sensing data research at research educational institutions; (E) to expand the knowledge and use of remote sensing data and data products in the workforce through outreach programs, workshops, and other training opportunities; (F) to build partnerships with local governments to identify unique research and development needs and foster remote sensing pilot projects; (G) to promote cooperation and sharing of expertise regarding remote sensing data among the participating States and within each participating State; and (H) to enable the States to provide remote sensing data to the EROS Data Center. (3) Grants.--The Secretary shall annually award grants to sustain and develop StateView programs. (4) Federal partner advisory committee.-- (A) In general.--The Secretary shall maintain an advisory committee to advise the Director of the United States Geological Survey regarding the AmericaView program. (B) Membership and appointment.--The advisory committee shall consist of 1 representative from each of-- (i) AmericaView; (ii) the United States Geological Survey; (iii) the Department of Agriculture; and (iv) such other Federal agencies as the Director of the United States Geological Survey may require. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act for each of fiscal years 2009 through 2014.

AmericaView Authorization Act - Directs the Secretary of the Interior, acting through the Director of the United States Geological Survey (USGS), to: (1) establish and maintain a nationwide AmericaView Program to advance the availability, distribution, and use of remote sensing data (information acquired from above the surface of the Earth by satellite or airplane) and technology in each state; (2) maintain AmericaView (the national nonprofit collaboration of StateView participants cooperating with the EROS Data Center to achieve the purposes of the AmericaView Program) in each state to develop publicly accessible remote sensing data archive and distribution infrastructure and expand remote sensing education, research, and knowledge; (3) award annual grants to sustain and develop StateView programs (the AmericaView programs of an individual states, comprised of educational institutions and state and local governments); and (4) maintain an advisory committee to advise the USGS Director about the AmericaView Program.

A bill to authorize a comprehensive program of nationwide access to Federal remote sensing data, to promote use of the program for education, workforce training and development, and applied research, and to support Federal, State, tribal, and local government programs.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Programs Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Reauthorization of small business programs. Sec. 3. BusinessLINC grants reauthorization. Sec. 4. Small Business Development Center Program reauthorization. Sec. 5. Women's Business Center Program reauthorization. Sec. 6. HUBZone reauthorization. Sec. 7. Office of Veterans Business Development reauthorization. Sec. 8. Advisory Committee on Veterans Business Affairs extension. Sec. 9. National Women's Business Council reauthorization. SEC. 2. REAUTHORIZATION OF SMALL BUSINESS PROGRAMS. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) by striking subsections (b), (d), and (j); (2) by redesignating subsections (c) and (e) as (b) and (c), respectively; (3) in subsection (b) (as so redesignated; disaster mitigation pilot program) by striking ``2005'' and ``2006'' and inserting ``2008'' and ``2009'', respectively; and (4) by inserting after subsection (c) (as so redesignated) the following: ``(d) Fiscal Year 2008.-- ``(1) Program levels.--The following program levels are authorized for fiscal year 2008: ``(A) For the programs authorized by this Act, the Administration is authorized to make-- ``(i) $80,000,000 in technical assistance grants, as provided in section 7(m); and ``(ii) $110,000,000 in direct loans, as provided in 7(m). ``(B) For the programs authorized by this Act, the Administration is authorized to make $29,300,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make-- ``(i) $20,000,000,000 in general business loans, as provided in section 7(a); ``(ii) $8,500,000,000 in certified development company financings, as provided in section 7(a)(13) and as provided in section 504 of the Small Business Investment Act of 1958; ``(iii) $750,000,000 in loans, as provided in section 7(a)(21); and ``(iv) $50,000,000 in loans, as provided in section 7(m). ``(C) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is authorized to make $4,000,000,000 in guarantees of debentures. ``(D) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $6,000,000,000, of which not more than 50 percent may be in bonds approved pursuant to section 411(a)(3) of that Act. ``(E) The Administration is authorized to make grants or enter into cooperative agreements for a total amount of $7,000,000 for the Service Corps of Retired Executives program authorized by section 8(b)(1). ``(2) Additional authorization.--There are authorized to be appropriated to the Administration for fiscal year 2008 $20,000,000 to carry out the PRIME program. ``(e) Fiscal Year 2009.-- ``(1) Program levels.--The following program levels are authorized for fiscal year 2009: ``(A) For the programs authorized by this Act, the Administration is authorized to make-- ``(i) $90,000,000 in technical assistance grants, as provided in section 7(m); and ``(ii) $120,000,000 in direct loans, as provided in 7(m). ``(B) For the programs authorized by this Act, the Administration is authorized to make $29,800,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make-- ``(i) $20,000,000,000 in general business loans, as provided in section 7(a); ``(ii) $9,000,000,000 in certified development company financings, as provided in section 7(a)(13) and as provided in section 504 of the Small Business Investment Act of 1958; ``(iii) $750,000,000 in loans, as provided in section 7(a)(21); and ``(iv) $50,000,000 in loans, as provided in section 7(m). ``(C) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is authorized to make $4,000,000,000 in guarantees of debentures. ``(D) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $6,000,000,000, of which not more than 50 percent may be in bonds approved pursuant to section 411(a)(3) of that Act. ``(E) The Administration is authorized to make grants or enter into cooperative agreements for a total amount of $7,000,000 for the Service Corps of Retired Executives program authorized by section 8(b)(1). ``(2) Additional authorization.--There are authorized to be appropriated to the Administration for fiscal year 2009 $20,000,000 to carry out the PRIME program.''. SEC. 3. BUSINESSLINC GRANTS REAUTHORIZATION. Section 8(n) of the Small Business Act (15 U.S.C. 637(n)) is amended-- (1) by striking ``$6,600,000'' and inserting ``$7,000,000''; and (2) by striking ``2001 through 2006'' and inserting ``2008 and 2009''. SEC. 4. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM REAUTHORIZATION. Section 21(a)(4)(C)(vii) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(vii)) is amended by striking subclauses (I) and (II) and inserting the following: ``(I) $140,000,000 for fiscal year 2008; and ``(II) $145,000,000 for fiscal year 2009.''. SEC. 5. WOMEN'S BUSINESS CENTER PROGRAM REAUTHORIZATION. Section 29(k) of the Small Business Act (15 U.S.C. 656(k)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $17,000,000 for fiscal year 2008; and ``(B) $17,500,000 for fiscal year 2009.''; and (2) in paragraph (2)(B), by striking clauses (i) through (iv) and inserting the following: ``(i) For fiscal year 2008, 1.5 percent. ``(ii) For fiscal year 2009, 1.5 percent.''. SEC. 6. HUBZONE REAUTHORIZATION. Section 31(d) of the Small Business Act (15 U.S.C. 657a) is amended-- (1) by striking ``$10,000,000'' and inserting ``$20,000,000''; and (2) by striking ``2004 through 2006'' and inserting ``2008 and 2009''. SEC. 7. OFFICE OF VETERANS BUSINESS DEVELOPMENT REAUTHORIZATION. Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) $3,000,000 for fiscal year 2008; and ``(2) $4,000,000 for fiscal year 2009.''. SEC. 8. ADVISORY COMMITTEE ON VETERANS BUSINESS AFFAIRS EXTENSION. (a) Extension of Termination Date.--Section 203(h) of the Veterans Entrepreneurship and Small Business Development Act of 1999 (Public Law 106-50; 15 U.S.C. 657b note) is amended by striking ``September 30, 2006'' and inserting ``September 30, 2009''. (b) Conforming Amendment.--Section 33(h) of the Small Business Act (15 U.S.C. 657c(h)) is amended by striking ``October 1, 2006'' and inserting ``October 1, 2009''. SEC. 9. NATIONAL WOMEN'S BUSINESS COUNCIL REAUTHORIZATION. Section 410(a) of the Women's Business Ownership Act of 1988 (Public Law 100-533; 15 U.S.C. 7110(a)) is amended by striking ``2001 through 2003'' and inserting ``2008 and 2009''. Passed the House of Representatives November 6, 2007. Attest: LORRAINE C. MILLER, Clerk.

Small Business Programs Act of 2007 - Amends the Small Business Act (the Act) to reauthorize for FY2008-FY2009 certain small business assistance programs of the Small Business Administration (SBA) authorized under the Act and the Small Business Investment Act of 1958, including: (1) a disaster mitigation pilot program; (2) general and start-up small business loans; (3) certified development company (CDC) financing; (4) disaster loans; (5) the Service Corps of Retired Executives (SCORE); and (6) grants to microloan program intermediaries and technical assistance providers. Reauthorizes for such fiscal years: (1) the businessLINC grants program; (2) the small business development center (SBDC) program; (3) the women's business center program; (4) the HUBZone (heavily underutilized business zone) program; (5) the Office of Veterans Business Development; (6) the Advisory Committee on Veterans Business Affairs; and (7) the National Women's Business Council.

To reauthorize certain programs under the Small Business Act for each of fiscal years 2008 and 2009.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Research, Education, Safety, and Health Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Committee of jurisdiction.--The term ``committee of jurisdiction'' means-- (A) the Committee on Agriculture of the House of Representatives; (B) the Committee on Commerce of the House of Representatives; (C) the Committee on Agriculture, Nutrition and Forestry of the Senate; and (D) the Committee on Labor and Human Resources of the Senate. (2) Food.--The term ``food'' means food intended for human consumption. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (4) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. SEC. 3. CONSUMER EDUCATION FOOD SAFETY BLOCK GRANTS. (a) Authority.--The Secretary shall make grants to States to enable the States to carry out consumer education food safety programs. (b) Application.--To receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- (1) a description of the activities that the State will carry out using funds received under this section; (2) a designation of an appropriate State agency to administer the funds; and (3) a description of the steps to be taken to ensure that the funds are used in accordance with subsection (e). (c) Amount of Grant.-- (1) In general.--From the amounts available to carry out this section for a fiscal year, the Secretary shall allot to each State an amount that bears the same proportion to the amounts available as the population of the State bears to the population of all of the States. (2) Determinations of population.--In determining population figures for purposes of this subsection, the Secretary shall use the latest available annual estimates prepared by the Secretary of Commerce. (d) Payments.-- (1) In general.--If the Secretary approves an application submitted by a State under subsection (b), the Secretary shall make a payment to the State in an amount that is equal to its allotment under subsection (c). (2) Form of payments.--The Secretary may make payments under this section to a State in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Secretary may determine. (3) Reallotments.--If the Secretary determines that any portion of the allotment of a State under subsection (c) will not be used to carry out this section in accordance with an approved State application under subsection (b), the Secretary shall reallot to the other States in proportion to the original allotments to the other States. (e) Use of Funds.--Funds received by a State under this section shall be used to carry out consumer education food safety programs under which education is provided to consumers and other persons on safe food practices at each step in the food chain (including agricultural production, handling, processing, distribution, and preparation of food in restaurants, grocery stores, and homes) using the mechanisms described in subsection (g). (f) Matching Funds.--As a condition of receipt of funds under this section, the Secretary may require a State to provide matching funds (at the option of the Secretary, in the form of direct funding or in- kind support). (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 1999 through 2001. SEC. 4. IRRADIATION OF FOODS. (a) In General.--In conjunction with the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, and the Director of the National Institutes of Health, the Secretary shall carry out consumer education initiatives on the irradiation of foods, especially ground beef and poultry. (b) Study.--Not later than 30 days after the date of enactment of this Act, the Secretary shall-- (1) conduct a study of the cost and feasibility of irradiating fruits and vegetables and of new irradiation technologies; and (2) report the results of the study to each of the committees of jurisdiction. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 1999 through 2001. SEC. 5. FOOD SAFETY COUNCIL. (a) Establishment.--There is established a Food Safety Council composed of 12 members, including-- (1) the Secretary; (2) the Secretary of Health and Human Services; (3) the Commissioner of Food and Drugs; (4) 3 members appointed by the President; (5) 3 members appointed by the Majority Leader of the Senate; and (6) 3 members appointed by the Speaker of the House. (b) Terms.-- (1) In general.--A member of the Council appointed under paragraph (4), (5), or (6) of subsection (a) shall be appointed for a term of not to exceed 3 years. (2) Vacancies.--An individual appointed to complete an unexpired term of a member of the Council described in paragraph (1) shall serve only for the remainder of the term. (c) Administration.-- (1) Chairperson.--The Secretary shall serve as chairperson of the Council. (2) Meetings.-- (A) In general.--The Council shall meet at least twice a year at the call of the Chairperson. (B) Public meetings.--A meeting of the Council shall be open to the public. (C) Quorum.--Five members of the Council shall constitute a quorum. (d) Duties.--The Council shall-- (1) evaluate, and establish priorities for, food safety research and education, and food-related illness prevention activities, conducted by the Federal Government; (2) direct that Federal agencies conduct any necessary updates of science, technology, and public health activities that relate to food safety; and (3) submit to the committees of jurisdiction an annual report on actions taken to carry out this section, including any recommendations for improvements in food safety. (e) Compensation; Expenses.-- (1) Compensation of members.-- (A) Nonfederal members.--A member of the Council who is not otherwise an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Council. (B) Federal members.--A member of the Council who is otherwise an officer or employee of the United States shall serve without compensation in addition to that received for services as an officer or employee of the United States. (2) Travel expenses.--A member of the Council 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 the home or regular place of business of the member in the performance of service for the Council. (f) Funding.--From funds of the Department of Agriculture, the Secretary shall use to carry out this section not more than $100,000 for each of fiscal years 1999 through 2001. SEC. 6. COMPETITIVE RESEARCH GRANTS FOR REDUCING THREATS OF FOOD-BORNE PATHOGENS. (a) In General.--The Secretary shall make competitive grants, for periods not to exceed 5 years, to colleges and universities, State agricultural experiment stations, other research institutions and organizations, Federal agencies, and private persons for research to reduce and control the health and other threats posed by deadly food- borne pathogens. (b) Participation in Grant Process.--In seeking proposals for grants under this section and in performing peer review evaluations of the proposals, the Secretary shall seek the widest participation of qualified scientists in the Federal Government, colleges and universities, State agricultural experiment stations, and private persons. (c) Use of Funds.--Funds received under this section shall not be used for the planning, repair, rehabilitation, acquisition, or construction of a building or facility. (d) Report.--Not later than December 1, 2001, the Secretary shall submit to the committees of jurisdiction a report on actions taken to carry out this section. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 1999 through 2001. SEC. 7. DEMONSTRATION PROJECTS FOR REDUCING THREATS OF FOOD-BORNE PATHOGENS. (a) Demonstration Projects.--The Secretary shall conduct a sufficient number of demonstration projects to-- (1) determine the epidemiology and ecology of potential food-borne pathogens; and (2) develop interventions. (b) Report.--Not later than December 1, 2001, the Secretary shall submit to the committees of jurisdiction a report on actions taken to carry out this section. (c) Funding.--From funds of the Department of Agriculture, the Secretary shall use to carry out this section not more than $100,000 for each of fiscal years 1999 through 2001. SEC. 8. DETECTION AND MEDICAL TREATMENTS FOR FOOD-BORNE PATHOGENS. (a) Detection.--There is authorized to be appropriated $5,000,000 for each of fiscal years 1999 through 2001 to enable the Centers for Disease Control and Prevention to improve the detection of food-borne pathogens through-- (1) the creation of new employment positions for scientists; and (2) the acquisition of scientific equipment. (b) Medical Treatments.--There is authorized to be appropriated $5,000,000 for each of fiscal years 1999 through 2001 to enable the National Institutes of Health to conduct research concerning medical treatments for individuals infected with food-borne pathogens. SEC. 9. FOOD SAFETY RESEARCH INFORMATION OFFICE. (a) Establishment.--The Secretary shall establish a Food Safety Research Information Office in the National Agricultural Library. (b) Duties.--In cooperation with the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, the Director of the National Institutes of Health, and other providers of relevant information, the Food Safety Research Information Office shall provide the scientific community and other interested persons with information on public and private research initiatives on food safety. SEC. 10. RISK ASSESSMENTS. (a) In General.--In cooperation with the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, and the Director of the National Institutes of Health, the Secretary shall conduct-- (1) a risk assessment for each species of animal that is used to produce food in the United States, at each step in the food chain (including agricultural production, handling, processing, distribution, and preparation of food in restaurants, grocery stores, and homes) to determine the risks of pathogens posed by the species; (2) a risk assessment for each type of fruit and vegetable that is intended for human consumption in the United States to determine the risks of pathogens posed by the type; and (3) a risk assessment on food safety practices conducted in homes to determine the risks of pathogens posed by the practices. (b) Working Groups.--After the risk assessments required under subsection (a)(1) are completed, the Secretary shall, in cooperation with producer groups, establish species-specific working groups to address potential pathogens on farms. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to each of the committees of jurisdiction a report describing the results of the risk assessments required under this section. SEC. 11. SAFETY AND HEALTH RISKS OF IMPORTED FOOD. There is authorized to be appropriated $10,340,000 for each of fiscal years 1999 through 2001 to enable the Commissioner of Food and Drugs to decrease the safety and health risks of imported food through-- (1) the creation of new employment positions for microbiologists and inspectors; and (2) the acquisition of scientific equipment.

Food Research, Education, Safety, and Health Act of 1998 - Directs the Secretary of Agriculture to make grants to States for consumer education food safety programs. Authorizes appropriations. (Sec. 4) Directs the Secretary to: (1) carry out consumer education initiatives on food irradiation, especially ground beef and poultry; and (2) study the cost and feasibility of fruit and vegetable irradiation, and of new irradiation technologies. Authorizes appropriations. (Sec. 5) Establishes a Food Safety Council which shall: (1) establish priorities for Federal food safety and related illness prevention activities, including necessary Federal agency updates; and (2) report annually to the appropriate committees. Authorizes appropriations. (Sec. 6) Directs the Secretary to make competitive grants to academic, governmental, and private entities for research to reduce the threat of food-borne pathogens. Authorizes appropriations. (Sec. 7) Directs the Secretary to conduct demonstration projects to reduce the threat of food-borne pathogens. Obligates Department of Agriculture funds for such purpose. (Sec. 8) Authorizes appropriations for Centers for Disease Control and Prevention detection of food-borne pathogens through equipment acquisition and new employment positions for scientists. Authorizes appropriations for National Institutes of Health research on treatment of food-borne illnesses. (Sec. 9) Directs the Secretary to establish a Food Safety Research Information Office in the National Agricultural Library. (Sec. 10) Directs the Secretary to conduct pathogen risk assessments with respect to food animals, fruits and vegetables, and home food safety practices. (Sec. 11) Authorizes appropriations for the Commissioner of Food and Drugs to decrease imported food health risks through equipment acquisition and new employment positions for microbiologists and inspectors.

Food Research, Education, Safety, and Health Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfield Redevelopment Reserve Act''. SEC. 2. BROWNFIELDS IRA. (a) In General.--Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 468B the following new section: ``SEC. 468C. SPECIAL RULES FOR HAZARDOUS WASTE REMEDIATION RESERVES. ``(a) In General.--There shall be allowed as a deduction for any taxable year the amount of payments made by the taxpayer to a Hazardous Waste Remediation Reserve (hereinafter referred to as the `Reserve') during such taxable year. ``(b) Limitation on Amounts Paid Into Reserve.--The amount which a taxpayer may pay into the Reserve for any taxable year shall not exceed the lesser of-- ``(1) $1,000,000, or ``(2) the excess (if any) of $1,000,000 over the amount paid into the Reserve for all prior taxable years. ``(c) Income and Deductions of the Taxpayer.-- ``(1) Inclusion of amounts distributed.--There shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from the Reserve during such taxable year, and ``(B) any deemed distribution under subsection (e). ``(2) Deduction when economic performance occurs.--In addition to any deduction under subsection (a), there shall be allowable as a deduction for any taxable year the amount of the qualified hazardous waste costs with respect to which economic performance (within the meaning of section 461(h)(2)) occurs during such taxable year. ``(d) Hazardous Waste Remediation Reserve.-- ``(1) In general.--For purposes of this section, the term `Hazardous Waste Remediation Reserve' means a reserve established by the taxpayer for purposes of this section. ``(2) Reserve exempt from taxation.--Any Hazardous Waste Remediation Reserve is exempt from taxation under this subtitle unless such Reserve has ceased to be a Hazardous Waste Remediation Reserve by reason of subsection (e). Notwithstanding the preceding sentence, any such Reserve shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(3) Contributions to reserve.--The Reserve shall not accept any payments (or other amounts) other than payments with respect to which a deduction is allowable under subsection (a). ``(4) Use of reserve.--The Reserve shall be used exclusively to pay the qualified hazardous waste costs of the taxpayer. ``(5) Prohibitions against self-dealing.--Under regulations prescribed by the Secretary, for purposes of section 4951 (and so much of this title as relates to such section), the Reserve shall be treated in the same manner as a trust described in section 501(c)(21). ``(e) Deemed Distributions.-- ``(1) Disqualification of reserve for self-dealing.--In any case in which a Reserve violates any provision of this section or section 4951, the Secretary may disqualify such Reserve from the application of this section. In any case to which this paragraph applies, the Reserve shall be treated as having distributed all of its funds on the date such determination takes effect. ``(2) Failure to spend funds.--A Reserve shall be treated as having distributed all of its funds-- ``(A) on the date which is 10 years after the date such Reserve was established unless, as of such date-- ``(i) it has been determined that some property of the taxpayer is contaminated with hazardous waste, and ``(ii) a remediation plan has been prepared for such site, and ``(B) except as otherwise provided by the Secretary, on the date which is 10 years after the date such Reserve was established unless, as of such date, it is reasonably anticipated that the remaining funds in the Reserve will be distributed before the date which is 15 years after the date such Reserve was established. ``(f) Penalty for Distributions not Used for Qualified Hazardous Waste Costs.--The tax imposed by this chapter for any taxable year in which any amount distributed from a Reserve is not used exclusively to pay qualified hazardous waste costs shall be increased by 10 percent of such amount. ``(g) Qualified Hazardous Waste Costs.--For purposes of this section, the term `qualified hazardous waste costs' means-- ``(1) the costs paid or incurred by the taxpayer in connection with the assessment of-- ``(A) the extent of the environmental contamination of a site which is owned by the taxpayer, and ``(B) the expected cost of environmental remediation required for such site, and ``(2) the costs paid or incurred by the taxpayer to remediate such contamination. ``(h) Controlled Groups.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subsection (b), and the dollar amount contained in such subsection shall be allocated among such persons in such manner as the Secretary shall prescribe. ``(i) Time When Payments Deemed Made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to the Reserve on the last day of a taxable year if such payment is made on account of such taxable year and is made within 2\1/2\ months after the close of such taxable year.''. (b) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following new item: ``468C. Special rules for hazardous waste remediation reserves.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Brownfield Redevelopment Reserve Act - Amends the Internal Revenue Code to allow an income tax deduction for payments made to a tax-exempt Hazardous Waste Remediation Reserve (Reserve). Limits such deduction for any taxable year to the lesser of $1,000,000 or the excess (if any) of $1,000,000 over the amount paid into the Reserve for all prior taxable years. Includes in taxpayer gross income any amount distributed from the Reserve and any penalties for self dealing or failure to distribute funds for Reserve purposes. Imposes a penalty of ten percent additional tax for any amount distributed from a Reserve that is not used exclusively to pay qualified hazardous waste costs.

To amend the Internal Revenue Code of 1986 to encourage businesses to establish hazardous waste remediation reserves, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher and Nurse Support Act of 2002''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) According to the National Center for Education Statistics, over the next 10 years, the United States will need more than 2,000,000 new teachers to replace the teachers who are retiring or leaving the classroom for other careers. (2) The Hart-Rudman National Security Report on education recommended that the President direct the Department of Education to work with the States to devise a comprehensive plan to avert a looming shortage of high-quality teachers. (3) According to the National Center for Education Statistics, 20 percent of all new teachers leave the teaching profession within 3 years. Providing loan forgiveness or loan cancellation is one step that would help retain high-quality teachers in schools that need teachers. (4) The American Hospital Association has reported more than 126,000 unfilled registered nurse positions in hospitals in the United States. Additionally, the vacancy rate for registered nurse positions at nursing homes throughout the Nation is approaching 20 percent. (5) College loans are more of a burden than ever for students and families. According to a recent United States Public Interest Research Group report, average student loan debt almost doubled from $9,200 in 1992-1993 to $16,928 in 1999-2000. (b) Purpose.--The purpose of this Act is to improve access to, and the delivery of, high-quality educational and health services throughout the United States by reducing the shortage of qualified teachers and nurses. SEC. 3. LOAN FORGIVENESS AND CANCELLATION. (a) Loan Forgiveness.--Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended to read as follows: ``SEC. 428J. LOAN FORGIVENESS FOR TEACHERS AND NURSES. ``(a) Statement of Purpose.--It is the purpose of this section to encourage individuals to enter and continue in the teaching and nursing professions. ``(b) Program Authorized.--The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (c), for any borrower who has 1 or more loans made under section 428 or 428H after October 1, 1998, and who-- ``(1) has been employed-- ``(A) as a full-time teacher for 5 consecutive complete school years-- ``(i) in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in those schools; ``(ii) if employed as a secondary school teacher, is teaching a subject area that is relevant to the borrower's academic major as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; and ``(iii) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; or ``(B) as a full-time eligible nurse for 5 consecutive complete years-- ``(i) in a clinical setting; or ``(ii) as a member of the nursing faculty at an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296)); and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(c) Qualified Loan Amount.-- ``(1) In general.-- ``(A) Aggregate amount.--The Secretary shall repay not more than $17,500 in the aggregate of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of the fifth complete-- ``(i) school year of teaching described in subsection (b)(1)(A); or ``(ii) year of nursing described in subsection (b)(1)(B). ``(B) Relation to loan cancellation.--No borrower may receive a reduction of loan obligations under both this section and section 460. ``(2) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that the loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(3) Forbearance on qualified loan amount.--A holder of a loan on which a borrower is seeking forgiveness under this section-- ``(A) shall grant forbearance, at the request of the borrower, in annual increments for each of the years of qualifying service if the holder believes, at the time of the borrower's annual request, that the amount expected to be forgiven under this section at the completion of the period of qualifying service will satisfy the anticipated remaining outstanding balance on the loan; and ``(B) may offer other forbearance options to the borrower. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) List of Schools.--If the list of schools in which a teacher may perform service pursuant to subsection (b)(1)(A) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make the service determination. ``(g) Additional Eligibility Provisions.-- ``(1) Continued eligibility for teachers.--Any teacher who performs service in a school that-- ``(A) meets the requirements of subsection (b)(1)(A)(i) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of that subsection, may continue to teach in the school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(2) Prevention of double benefits.--No borrower may, for the same service, receive a benefit under both this subsection and-- ``(A) subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.); and ``(B) section 846 of the Public Health Service Act (42 U.S.C. 297n). ``(h) Definitions.--In this section: ``(1) Eligible nurse.--The term `eligible nurse' means a nurse who meets all of the following: ``(A) The nurse graduated from-- ``(i) an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296)); ``(ii) a nursing center; or ``(iii) an academic health center that provides nurse training. ``(B) The nurse holds a valid and unrestricted license to practice nursing in the State in which the nurse practices in a clinical setting. ``(C) The nurse holds 1 or more of the following: ``(i) A graduate degree in nursing, or an equivalent degree. ``(ii) A nursing degree from a collegiate school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)). ``(iii) A nursing degree from an associate degree school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)). ``(iv) A nursing degree from a diploma school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)). ``(2) Year.--The term `year', where applied to service as a teacher (or service as a member of an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296))), means an academic year as defined by the Secretary.''. (b) Loan Cancellation.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended to read as follows: ``SEC. 460. LOAN CANCELLATION FOR TEACHERS AND NURSES. ``(a) Statement of Purpose.--It is the purpose of this section to encourage individuals to enter and continue in the teaching and nursing professions. ``(b) Program Authorized.-- ``(1) In general.--The Secretary shall carry out a program of canceling the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any borrower who has 1 or more loans made under this part after October 1, 1998, and who-- ``(A) has been employed-- ``(i) as a full-time teacher for 5 consecutive complete school years-- ``(I) in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in those schools; ``(II) if employed as a secondary school teacher, is teaching a subject area that is relevant to the borrower's academic major as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; and ``(III) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; or ``(ii) as a full-time eligible nurse for 5 consecutive complete years-- ``(I) in a clinical setting; or ``(II) as a member of the nursing faculty at an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296)); and ``(B) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Special rule.--No borrower may obtain a reduction of loan obligations under both this section and section 428J. ``(c) Qualified Loan Amounts.-- ``(1) In general.--The Secretary shall cancel not more than $17,500 in the aggregate of the loan obligation on a Federal Direct Stafford Loan or a Federal Direct Unsubsidized Stafford Loan that is outstanding after the completion of the fifth complete-- ``(A) school year of teaching described in subsection (b)(1)(A)(i); or ``(B) year of nursing described in subsection (b)(1)(A)(ii). ``(2) Treatment of consolidation loans.--A loan amount for a Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this subsection only to the extent that the loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H, for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(3) Forbearance on qualified loan amount.--A holder of a loan on which a borrower is seeking cancellation under this section-- ``(A) shall grant forbearance, at the request of the borrower, in annual increments for each of the years of qualifying service if the holder believes, at the time of the borrower's annual request, that the amount expected to be canceled under this section at the completion of the period of qualifying service will satisfy the anticipated remaining outstanding balance on the loan; and ``(B) may offer other forbearance options to the borrower. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any canceled loan. ``(f) List of Schools.--If the list of schools in which a teacher may perform service pursuant to subsection (b)(1)(A)(i) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination. ``(g) Additional Eligibility Provisions.-- ``(1) Continued eligibility for teachers.--Any teacher who performs service in a school that-- ``(A) meets the requirements of subsection (b)(1)(A)(i)(I) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of that subsection, may continue to teach in the school and shall be eligible for loan cancellation pursuant to subsection (b). ``(2) Prevention of double benefits.--No borrower may, for the same service, receive a benefit under both this section and-- ``(A) subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.); and ``(B) section 846 of the Public Health Service Act (42 U.S.C. 297n). ``(h) Definitions.--In this section: ``(1) Eligible nurse.--The term `eligible nurse' means a nurse who meets all of the following: ``(A) The nurse graduated from-- ``(i) an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296)); ``(ii) a nursing center; or ``(iii) an academic health center that provides nurse training . ``(B) The nurse holds a valid and unrestricted license to practice nursing in the State in which the nurse practices in a clinical setting. ``(C) The nurse holds 1 or more of the following: ``(i) A graduate degree in nursing, or an equivalent degree. ``(ii) A nursing degree from a collegiate school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)). ``(iii) A nursing degree from an associate degree school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)). ``(iv) A nursing degree from a diploma school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)). ``(2) Year.--The term `year', where applied to service as a teacher (or service as a member of an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296))), means an academic year as defined by the Secretary.''. SEC. 4. PHASE OUT OF CURRENT PROGRAM. An individual who began the required period of teaching described in section 428J(b)(1) or 460(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1078-10 and 1087j) as such sections were in effect on the day before the date of enactment of this Act, shall-- (1) be eligible to receive loan forgiveness or loan cancellation in the amount described in, and in accordance with the requirements of, such sections as in effect on the day before the date of enactment of this Act; and (2) not be eligible to receive loan forgiveness or loan cancellation under section 428J or 460 of the Higher Education Act of 1965 as in effect on the date of enactment of this Act.

Teacher and Nurse Support Act of 2002 - Amends the Higher Education Act of 1965 (HEA) to increase to a maximum of $17,500 the aggregate student loan obligation eligible for forgiveness or cancellation programs for teachers who serve full-time for five consecutive complete years in certain elementary or secondary schools (which qualify based on enrollment of disadvantaged students).Includes, under these HEA student loan forgiveness and cancellation programs, nurses who serve five consecutive complete years in a clinical setting or as a member of the nursing faculty at an accredited school of nursing.

A bill to amend the Higher Education act of 1965 to expand the loan forgiveness and loan cancellation programs for teachers, to provide loan forgiveness and loan cancellation programs for nurses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Patient Empowerment Act of 2015''. SEC. 2. GUARANTEEING FREEDOM OF CHOICE AND CONTRACTING FOR PATIENTS UNDER MEDICARE. (a) In General.--Section 1802 of the Social Security Act (42 U.S.C. 1395a) is amended to read as follows: ``freedom of choice and contracting by patient guaranteed ``Sec. 1802. (a) Basic Freedom of Choice.--Any individual entitled to insurance benefits under this title may obtain health services from any institution, agency, or person qualified to participate under this title if such institution, agency, or person undertakes to provide that individual such services. ``(b) Freedom To Contract by Medicare Beneficiaries.-- ``(1) In general.--Subject to the provisions of this subsection, nothing in this title shall prohibit a Medicare beneficiary from entering into a contract with an eligible professional (whether or not the professional is a participating or non-participating physician or practitioner) for any item or service covered under this title. ``(2) Submission of claims.--Any Medicare beneficiary that enters into a contract under this section with an eligible professional shall be permitted to submit a claim for payment under this title for services furnished by such professional, and such payment shall be made in the amount that would otherwise apply to such professional under this title except that where such professional is considered to be non- participating, payment shall be paid as if the professional were participating. Payment made under this title for any item or service provided under the contract shall not render the professional a participating or non-participating physician or practitioner, and as such, requirements of this title that may otherwise apply to a participating or non-participating physician or practitioner would not apply with respect to any items or services furnished under the contract. ``(3) Beneficiary protections.-- ``(A) In general.--Paragraph (1) shall not apply to any contract unless-- ``(i) the contract is in writing, is signed by the Medicare beneficiary and the eligible professional, and establishes all terms of the contract (including specific payment for items and services covered by the contract) before any item or service is provided pursuant to the contract, and the beneficiary shall be held harmless for any subsequent payment charged for an item or service in excess of the amount established under the contract during the period the contract is in effect; ``(ii) the contract contains the items described in subparagraph (B); and ``(iii) the contract is not entered into at a time when the Medicare beneficiary is facing an emergency medical condition or urgent health care situation. ``(B) Items required to be included in contract.-- Any contract to provide items and services to which paragraph (1) applies shall clearly indicate to the Medicare beneficiary that by signing such contract the beneficiary-- ``(i) agrees to be responsible for payment to such eligible professional for such items or services under the terms of and amounts established under the contract; ``(ii) agrees to be responsible for submitting claims under this title to the Secretary, and to any other supplemental insurance plan that may provide supplemental insurance, for such items or services furnished under the contract if such items or services are covered by this title, unless otherwise provided in the contract under subparagraph (C)(i); and ``(iii) acknowledges that no limits or other payment incentives that may otherwise apply under this title (such as the limits under subsection (g) of section 1848 or incentives under subsection (a)(5), (m), (q), and (p) of such section) shall apply to amounts that may be charged, or paid to a beneficiary for, such items or services. Such contract shall also clearly indicate whether the eligible professional is excluded from participation under the Medicare program under section 1128. ``(C) Beneficiary elections under the contract.-- Any Medicare beneficiary that enters into a contract under this section may elect to negotiate, as a term of the contract, a provision under which-- ``(i) the eligible professional shall file claims on behalf of the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract if such items or services are covered under this title or under the plan; and ``(ii) the beneficiary assigns payment to the eligible professional for any claims filed by, or on behalf of, the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract. ``(D) Exclusion of dual eligible individuals.-- Paragraph (1) shall not apply to any contract if a beneficiary who is eligible for medical assistance under title XIX is a party to the contract. ``(4) Limitation on actual charge and claim submission requirement not applicable.--Section 1848(g) shall not apply with respect to any item or service provided to a Medicare beneficiary under a contract described in paragraph (1). ``(5) Construction.--Nothing in this section shall be construed-- ``(A) to prohibit any eligible professional from maintaining an election and acting as a participating or non-participating physician or practitioner with respect to any patient not covered under a contract established under this section; and ``(B) as changing the items and services for which an eligible professional may bill under this title. ``(6) Definitions.--In this subsection: ``(A) Medicare beneficiary.--The term `Medicare beneficiary' means an individual who is entitled to benefits under part A or enrolled under part B. ``(B) Eligible professional.--The term `eligible professional' has the meaning given such term in section 1848(k)(3)(B). ``(C) Emergency medical condition.--The term `emergency medical condition' means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, with an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in-- ``(i) serious jeopardy to the health of the individual or, in the case of a pregnant woman, the health of the woman or her unborn child; ``(ii) serious impairment to bodily functions; or ``(iii) serious dysfunction of any bodily organ or part. ``(D) Participating; non-participating.--The terms `participating' and `nonparticipating' have the meanings given such terms under subsection (h) of section 1842 for purposes of such section. ``(E) Urgent health care situation.--The term `urgent health care situation' means services furnished to an individual who requires services to be furnished within 12 hours in order to avoid the likely onset of an emergency medical condition.''. SEC. 3. PREEMPTION OF STATE LAWS LIMITING CHARGES FOR SERVICES BY AN ELIGIBLE PROFESSIONAL. (a) In General.--No State may impose a limit on the amount of charges for services, furnished by an eligible professional (as defined in subsection (k)(3)(B) of section 1848 of the Social Security Act, 42 U.S.C. 1395w-4), for which payment is made under such section, and any such limit is hereby preempted. (b) State.--In this section, the term ``State'' includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa.

Medicare Patient Empowerment Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to allow any Medicare beneficiary to enter into a contract with an eligible professional (regardless of whether a participating or non-participating physician or practitioner) for any item or service covered by Medicare. Allows such beneficiaries to submit a claim for Medicare payment in the amount that would otherwise apply, except that where the professional is considered to be non-participating, payment shall be paid as if the professional were participating. Defines eligible professional as a physician, a physician assistant, nurse practitioner, clinical nurse specialist, a certified registered nurse anesthetist, a certified nurse-midwife, a clinical social worker, a clinical psychologist, a clinical psychologist, a physical or or occupational therapist or a qualified speech-language pathologist, or a qualified audiologist. Requires a Medicare beneficiary to agree in writing in such a contract to: (1) pay the eligible professional for a Medicare-covered item or service; and (2) submit (in lieu of the eligible professional) a claim for Medicare payment. Allows a beneficiary, however, to negotiate, as a term of the contract, for the eligible professional to file such claims on the beneficiary's behalf. Preempts state laws from limiting the amount of charges for physician and practitioner services for which Medicare payment is made.

Medicare Patient Empowerment Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smoke-Free Federal Workplace Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Secondhand smoke contains more than 4,000 chemicals, including at least 69 carcinogens. (2) Secondhand smoke is responsible for almost 50,000 deaths in the United States each year. (3) In 2006, the Surgeon General of the United States concluded that there is no safe level of exposure to secondhand smoke. (4) Secondhand smoke causes lung cancer and heart disease among adults who do not smoke. (5) Workplaces are a major source of secondhand smoke exposure. (6) The Surgeon General has concluded that smoke-free workplace policies are the only effective way to eliminate secondhand smoke exposure in the workplace. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate exposure. (7) An October 2009 report ``Secondhand Smoke Exposure and Cardiovascular Effects: Making Sense of the Evidence'' from the Institute of Medicine concludes that smoke-free laws reduce heart attacks. (8) A July 2009 Institute of Medicine report, ``Combating Tobacco Use in Military and Veteran Populations'', recommended that the Department of Defense, the Armed Services, and the Veterans Administration ``raise the priority given to tobacco control throughout their organizations'' with the goal of achieving a tobacco-free military. SEC. 3. SMOKE-FREE FEDERAL BUILDINGS. (a) Smoke-Free Federal Buildings.--Not later than 90 days after the date of the enactment of this Act, smoking shall be prohibited in Federal buildings. (b) Enforcement.-- (1) Executive branch buildings.--Each agency head or a designee shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to all Federal buildings owned or leased for use by an Executive Agency. (2) Judicial branch buildings.--The Director of the Administrative Office of the United States Courts shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to all Federal buildings owned or leased for use by an establishment in the judicial branch of the Government. (3) Legislative branch buildings.-- (A) House of representatives.--The House Office Building Commission shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by the House of Representatives. (B) Senate.--The Committee on Rules and Administration of the Senate shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to Federal buildings owned or leased for use by the Senate. (C) Other establishments.--The Architect of the Capitol shall take such actions as may be necessary to institute and enforce the prohibition contained in subsection (a) as such prohibition applies to all Federal buildings owned or leased for use by an establishment in the legislative branch of the Government (other than the House of Representatives and the Senate). (4) Fines for noncompliance.-- (A) In general.--Each of the officials referred to in paragraphs (1) through (3) shall implement an enforcement process to impose a fine on an individual who fails to comply with the prohibition contained in subsection (a). (B) Fine amounts.--The official shall impose a fine of $250.00 for a first offense, $500.00 for a second offense, and $1,000 for any subsequent offense. SEC. 4. PREEMPTION. (a) In General.--Nothing in this Act is intended to preempt any provision of a law in a State or political subdivision of a State that is more protective than a provision of this Act. (b) More Protective Laws.--Nothing in the Act shall be interpreted as prohibiting a Federal agency or department, including a military installation or Veterans Administration facility from implementing more protective smoke-free or tobacco-free laws. SEC. 5. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Executive agency.--The term ``Executive agency'' has the same meaning such term has under section 105 of title 5, United States Code. (2) Federal agency.--The term ``Federal agency'' means any Executive agency and any establishment in the legislative or judicial branches of the Government. (3) Federal building.--The term ``Federal building'' means any building or other structure (or portion thereof) and 25 feet from the perimeter of such building, courtyard, areas used for children's playgrounds, or structure owned, leased, or leased for use by a Federal agency; except that such term does not include any building or other structure on a military installation, any health care facility under the jurisdiction of the Secretary of Veterans Affairs, or any area of a building that is used primarily as living quarters. (4) Military installation.--The term ``military installation'' means a base, camp, post, station, yard, center, homeport facility for any ship, or other facility under the jurisdiction of the Department of Defense, including any leased facility. Such term does not include any facility used primarily for civil works (including any rivers and harbors project or flood control project) or buildings used by civilian defense employees.

Smoke-Free Federal Workplace Act - Prohibits smoking in federal buildings. Defines "federal building" to: (1) include any building, any area within 25 feet of such building, any courtyard, any areas used for children's playgrounds, or any structure owned, leased, or leased for use by a federal agency; and (2) exclude any building or other structure on a military installation, any health care facility under the jurisdiction of the Secretary of Veterans Affairs (VA), or any area of a building that is used primarily as living quarters. Requires the head of each executive agency, the Director of the Administrative Office of the United States Courts, the House Office Building Commission and the Senate Committee on Rules and Administration, and the Architect of the Capitol to: (1) take such actions as necessary to institute and enforce the prohibition as it applies to all federal buildings; and (2) implement an enforcement process to impose a fine on an individual who fails to comply with the prohibition ($250 fine for a first offense, $500 for a second offense, and $1,000 for any subsequent offense). Permits a state or local government or a federal agency, including a military installation or VA facility, to implement more protective smoke-free or tobacco-free laws.

To prohibit smoking in and around Federal buildings.

SECTION 1. UNION CHAPEL FOSSIL FOOTPRINT SITE PRESERVATION ACT. (a) Short Title.--This section may be cited as the ``Union Chapel Fossil Footprint Site Preservation Act''. (b) Findings.--Congress finds the following: (1) Fossils have scientific and educational value and it is in the national interest to preserve and protect sites of paleontological significance. (2) The Union Chapel Mine is a paleontologically significant site that has been the focus of an extensive collaborative effort over the past 2 1/2 years by amateur collectors and professional paleontologists from the Geological Survey of Alabama, the University of Alabama, Emory University, the University of Florida, and the University of South Alabama. (3) The site is significant because it has yielded an unusually large quantity of rare pre-dinosaur fossil trackways dating from the early Pennsylvanian Period (approximately 310 million years ago, about 100 million years before the first dinosaurs). (4) Material obtained from spoil piles at the site includes over 1,300 vertebrate and invertebrate tracks, some new to science, as well as a wide array of fossil plants. The trackways are due mainly to primitive amphibians, horseshoe crabs, and other arthropods. These tracks now comprise the largest collection of specimens documenting the existence of these animals in north central Alabama during the Coal Age. (5) An extensive photographic database of over 1,800 digital images has been compiled using material from the site. (6) At least 4 presentations at scientific meetings have been delivered relating to findings at the site and a monograph and 2 manuscripts for publication in scientific journals are being prepared. (7) It is estimated by geologists working at the Union Chapel Mine that far more fossil material exists within the remaining spoil piles at the site and that undisturbed tracks and other trace fossils within the adjoining high wall may constitute an unparalleled resource for scientific exploration of this ancient ecosystem. (8) The Union Chapel Mine has now been recognized by international experts in the field as the most important Coal Age footprint site in the world. (c) Purposes.--The purposes of this Act include the following: (1) To authorize the Secretary to acquire by donation from the New Acton Coal Mining Company, Inc., the Union Chapel Paleozoic Footprint Preserve to preserve and develop it for further paleontological research. (2) To grant an exemption from the requirements of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), for further reclamation of the site to the owner of the Union Chapel Mine, the New Acton Coal Mining Company, Inc. of Cordova, Alabama. (3) To authorize the complete restoration of funds held in escrow pending further reclamation of the Union Chapel Mine by the Director of the Surface Coal Mining Commission of the State of Alabama to the New Acton Coal Mining Company, Inc. (d) Authorization to Acquire the Union Chapel Paleozoic Footprint Preserve.--If offered by a willing owner, the Secretary shall accept, by donation only, the 35 acres of land (and all related facilities and other appurtenances thereon) generally depicted on the map entitled ``Union Chapel Mine'', ASMC permit number 3778, for permanent preservation of that property. (e) Application of Certain Law.--The requirements of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), shall not apply to the New Acton Coal Mining Company, Inc. regarding further reclamation of the Union Chapel Paleozoic Footprint Preserve. (f) Return of Funds in Escrow.--All funds held in escrow on the date of the enactment of this Act pending further reclamation of the Union Chapel Mine by the Director of the Surface Coal Mining Commission of the State of Alabama may be returned to the New Acton Coal Mining Company, Inc. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $500,000 for the following: (1) To preserve and protect the paleontological resources located within the exterior boundaries of the Union Chapel Paleozoic Footprint Preserve. (2) To provide opportunities for scientific research in a manner compatible with paragraph (1). (3) To provide the public with opportunities for educational activities in a manner compatible with paragraph (1). (h) Map on File.--The map referred to in subsection (d) shall be on file and available for public inspection in the appropriate office of the Department of the Interior. (i) Definitions.--For the purposes of this section, the following definitions apply: (1) Union chapel paleozoic footprint preserve.--The term ``Union Chapel Paleozoic Footprint Preserve'' means the property (and all facilities and other appurtenances thereon) described in subsection (d). (2) Union chapel mine.--The term ``Union Chapel Mine'' means the surface coal mine in Union Chapel, Alabama. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Union Chapel Fossil Footprint Site Preservation Act - Directs the Secretary of the Interior to accept, if willingly donated by the New Acton Coal Mining Company, Inc., Cordova, Alabama, the Union Chapel Paleozoic Footprint Preserve, Union Chapel, Alabama, in order to preserve and protect certain rare paleontological resources. Declares that the requirements of the Surface Mining Control and Reclamation Act of 1977 shall not apply to the New Acton Mining Company, Inc. regarding further reclamation of the Preserve. Permits the return to the New Acton Coal Mining Company, Inc., of all funds held in escrow pending further reclamation of the Union Chapel Mine by the Director of the Surface Coal Mining Commission of the State of Alabama.

To authorize the Secretary of the Interior to acquire by donation certain property in Alabama to provide for the protection and preservation of certain rare paleontological resources on that property, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Earning and Living Opportunities Act''. SEC. 2. REQUIREMENT FOR EMPLOYING LOW- AND VERY LOW-INCOME PERSONS. (a) In General.--Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (i), (j), and (k), respectively; (2) in subsection (i), as so redesignated-- (A) in paragraph (1), by inserting at the end ``Provided, however, that any resident of a public or Indian housing development or any other person who qualifies for a priority under section (c)(1)(B), and who was very low-income shall, for purposes of this Act, continue to qualify, as initially verified, for a period of 5 years, irrespective of any increase in the person's income or other change in that person's priority status during that period.''; and (B) by inserting after paragraph (2) the following new paragraph: ``(3) One-stop delivery system.--The term `one-stop delivery system' has the meaning given that term in section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)).''; and (3) by inserting after subsection (d) the following new subsections: ``(e) Requirement for Employing Low- and Very Low-Income Persons.-- ``(1) Twenty percent requirement.-- ``(A) Condition of assistance.--It shall be a condition of any assistance provided to a public or Indian housing agency or contract awarded by a public or Indian housing agency for work to be performed in connection with development assistance provided from the capital fund under section 9(d) of the United States Housing Act of 1937, the operating fund under section 9(e) of such Act, or any other Federal assistance for housing and community development, including funding under section (8)(o)(13) of such Act, that, except as provided in paragraph 2(B), a minimum of 20 percent of all hours worked by employees of the public or Indian housing agency or of a contractor in connection with such contract shall be performed by low- or very low-income persons who qualify for a priority under subsection (c)(1)(B). ``(B) Requirement.--It shall be a condition of any assistance provided to a recipient of other Federal housing and community development assistance for housing rehabilitation, housing construction, or other public construction projects and their contractors, that a minimum of 20 percent of all hours worked by employees of the recipient or its contractors shall be performed by low- or very low-income persons who qualify for a priority under subsection (c)(2)(B). ``(2) Compliance.--As a condition of any contract awarded for the work described in paragraph (1), any contractor awarded such a contract shall-- ``(A)(i) immediately before beginning work under such contract, submit evidence to the satisfaction of the contracting agency and the section 3 committee, showing that a minimum of 20 percent of all hours worked in connection with such contract shall be performed by low- or very low-income persons who qualify for a priority under paragraphs (1)(B) and (2)(B) of subsection (c); and ``(ii) submit evidence to the satisfaction of the contracting agency and the section 3 committee showing that a minimum of 20 percent of all hours actually worked in connection with such contract were in fact performed by low- or very low-income persons who qualify for a priority under paragraphs (1)(B) and (2)(B) of subsection (c); or ``(B) if such contractor cannot meet the requirement imposed by paragraph (1)-- ``(i) submit evidence to the satisfaction of the contracting agency and the section 3 committee that such contractor used all feasible means to meet such requirement by taking steps which include-- ``(I) recruiting and conducting job interviews at the affected development, in the affected community, and at training facilities; ``(II) working with the contracting agency to advertise and recruit low- and very low-income persons; and ``(III) giving notice of such contract to the one-stop delivery system for the area in which the work is to be done, including the particular skills, knowledge, and abilities needed by potential employees for work under such contract; and ``(ii) provide to the contracting agency and the section 3 committee, evidence, as the Secretary shall by regulation require, sufficient to show why low- or very low-income persons who were referred by either the contracting agency or by the one-stop delivery system, or who otherwise made themselves available did not have the skills, knowledge, or abilities to perform the work. ``(3) Section 3 committee.--The Secretary shall require that a public and Indian housing agency and other recipients of Federal housing and community development assistance establish a section 3 committee composed of interested parties, including a representative of the affected section 3 residents to oversee all aspects of compliance with section 3. For projects with a significant economic impact relative to the community size and the public housing agency, membership on the section 3 committee shall, at a minimum, include a representative of-- ``(A) the contractor; ``(B) the public or Indian Housing Agency; ``(C) the resident association from the development (or tenant delegate or section 3 resident where a tenant association does not exist); ``(D) where possible, a community based organization that has as its mission the promotion of workforce development or economic development in low- income communities; ``(E) where they exist, women and minority trades organizations that offer employment services with expertise in preparing skilled workers for the construction field; and ``(F) when possible, coordinators and representatives of the apprenticeship programs. ``(4) Training.--Any contractor awarded a contract for the work described in paragraph (1) shall provide on-the-job training to any employee who is eligible for priority under subsection (c)(1)(B) and (c)(2)(B). Such training shall be provided through a State approved apprenticeship program. ``(f) Recruitment, Referral, and Training Requirements.--The Secretary shall require the following of public and Indian housing agencies and recipients of other Federal housing and community development assistance: ``(1) That such agencies and other recipients advertise the availability of training and employment opportunities generated by development assistance, and, with the section 3 committee, maintain a registry of eligible low- and very low-income persons who express interest in those opportunities. For public and Indian housing agencies, advertising shall be conducted in a manner that is most likely to reach eligible low- and very low income persons who reside in public or Indian housing or who otherwise qualify for a priority in accordance with subsection (c)(1)(B). For recipients of other housing and community development assistance, advertising shall be conducted in a manner that is most likely to reach eligible low- or very low-income persons who qualify for a priority in accordance with subsection (c)(2)(B). The registry shall contain sufficient information (such as work experience, education level, desired employment, career goals, etc.) to allow each public and Indian housing agency or recipient of other Federal housing and community development assistance to make appropriate job referrals and to determine the need for job training and other support services. ``(2) That such agencies and other recipients provide to any contractor and the section 3 committee names, priority status, and applications of low- and very low-income persons who have the skills identified by the contractor or the public housing agency for the work to be performed. ``(3) That such agencies and other recipients refer any low- or very low-income persons who are participants in the housing agency's housing programs and who are seeking qualifying skills to the one-stop delivery system for the area in which the work is to be done. ``(4) That such agencies and other recipients consult with contractors to ensure that low- and very low-income persons with the skills, knowledge, and abilities are provided a priority in hiring and are not passed over. ``(5) That such agencies and other recipients provide to the one-stop delivery system for the area in which the development where the work is to be done, a detailed description of the work to be done, including all projects for which it is accepting, or will be accepting, bids, and a list of the applicable priority categories (as set forth in subsection (c)(1)(B) and (c)(2)(B), so that eligible low- and very low-income persons may be appropriately trained. ``(6) That such agencies and other recipients make any other effort that may be necessary, including contacting and working with other job clearinghouses, job training centers, labor groups, and resident and community groups, to increase the number of low- and very low-income persons who are provided with training and employment opportunities and a priority in accordance with subsections (c)(1)(B) and (c)(2)(B). ``(g) Reports.-- ``(1) Agency reports.--All public and Indian housing agencies shall report quarterly to the Secretary on the number of hours worked by persons eligible for a priority under subsection (c)(1)(B) or (c)(2)(B) at the public and Indian agency and with their contractors. Grantees shall ensure that they and other recipients of housing and community development funds and their contractors report quarterly to the Secretary on the number of hours worked by persons eligible for a priority under subsection (c)(1)(B) or (c)(2)(B). The reports shall include at a minimum current information by job category regarding the total number of hours worked by all persons and by persons within each priority. The reports shall also include current information about the dollar amount and the number of the contracts provided to section 3 businesses, by priority category and as a percentage of the total amount of contracts awarded. ``(2) Report to congress.--The Secretary shall report annually to Congress a summary of information derived from the quarterly reports required under paragraph (1) and shall provide information on the total amount of Federal funds that are subject to section 3. For each program, including public housing and other Federal housing and community development assistance, by program, the report shall provide the number of jobs and training opportunities generated and the number of hours worked by low and very low income persons, and the number and amount of contracts and percentage of total contracts awarded to section 3 businesses. ``(h) Fines for Noncompliance.-- ``(1) Fines.--If a contractor of a public or Indian housing agency or any other contractor for a project receiving assistance under this section fails to comply with the requirements of this section, such contractor shall be fined by the Secretary in an amount not less than 1 percent of the amount of the contract with such agency. ``(2) Deposit of amounts.--The Secretary shall make the amounts collected under paragraph (1) available to the respective section 3 committee in the locality where such fines are assessed for the purpose of providing job training opportunities for low- or very low-income persons who reside in the area of the contract described in paragraph (1).''. (b) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement the requirements of subsections (e), (f), and (g) of section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), including a requirement that public and Indian housing agencies include information regarding their compliance with this section in their five year plan, annual plans, or any alternative plan which calls for similar reporting. (c) Conforming Amendments.--Section 3(c) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u(c) is amended-- (1) in paragraph (1)(A), by inserting before the period ``, and development and operating assistance provided pursuant to any other Federal housing and community development assistance''; (2) in paragraph (1)(B), by striking clause (iv) and inserting after clause (iii) the following: ``(iv) To participants in section 8 programs administered by the public and Indian housing agency. ``(v) To other low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the assistance is expended, with preference to very low-income persons.''; (3) in paragraph (2)(A), by adding at the end: ``The Secretary shall further ensure that permanent opportunities for training and employment created and retained as a result of housing and community development assistance are given to low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the project is located.''; and (4) in paragraph (2)(B), by inserting ``, with preference to very low-income persons'' after ``very low-income persons''.

Earning and Living Opportunities Act - Amends the Housing and Urban Development Act of 1968 to set forth as a condition of federal housing and community development assistance that: (1) a public or Indian housing agency or contractor shall require that at least 20% of employee hours be performed by low- or very low-income persons; and (2) a recipient of assistance for housing rehabilitation, construction, or other public construction projects and their contractors shall require that at least 20% of new employee hours be performed by low- or very low-income persons. Directs the Secretary to require a public or Indian housing agency and other recipients of federal housing and community development assistance to: (1) establish a section 3 committee of interested parties to oversee all aspects of compliance with section 3 of such Act; (2) advertise training and employment opportunities generated by development assistance; and (3) maintain a registry of eligible low- and very low-income persons who express interest in those opportunities. (Section 3 declares the policy of the Congress to ensure that the employment and other economic opportunities generated by federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing.) Prescribes requirements for: (1) contractor compliance and job training; and (2) agency recruitment and referral. Establishes fines for noncompliance.

To amend the Housing and Urban Development Act of 1968 to ensure improved access to employment opportunities for low-income people.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Border Travel Facilitation Act''. SEC. 2. STATE DRIVER'S LICENSE AND IDENTIFICATION ENROLLMENT PROGRAM. Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding at the end the following new subsection: ``(e) State Driver's License and Identification Card Enrollment Program.-- ``(1) In general.--Notwithstanding any other provision of law, the Secretary of State and the Secretary of Homeland Security shall establish a State Driver's License and Identity Card Enrollment Program as described in this subsection (hereinafter in this subsection referred to as the `Program') and enter into a memorandum of understanding with an appropriate official of each State that elects to participate in the Program. ``(2) Purpose.--The purpose of the Program is to permit a citizen of the United States who produces a driver's license or identity card that meets the requirements of paragraph (3) or a citizen of Canada who produces a document described in paragraph (4) to enter the United States from Canada without providing any other documentation or evidence of citizenship. ``(3) Admission of citizens of the united states.--A driver's license or identity card meets the requirements of this subparagraph if-- ``(A) the license or card-- ``(i) was issued by a State that is participating in the Program; ``(ii) meets the requirements of section 202 of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note); and ``(iii) includes the United States citizenship status of the individual to whom the license or card was issued; and ``(B) the State that issued the license or card-- ``(i) has a mechanism that is approved by the Secretary of State to verify the United States citizenship status of an applicant for such a license or card; ``(ii) does not require an individual to include the individual's citizenship status on such a license or card; and ``(iii) manages all information regarding an applicant's United States citizenship status in the same manner as such information collected through the United States passport application process and prohibits any other use or distribution of such information. ``(4) Admission of citizens of canada.-- ``(A) In general.--Notwithstanding any other provision of law, if the Secretary of State and the Secretary of Homeland Security determine that an identity document issued by the Government of Canada or by the Government of a Province or Territory of Canada meets security and information requirements comparable to the requirements for a driver's license or identity card described in paragraph (3), the Secretary of Homeland Security shall permit a citizen of Canada to enter the United States from Canada using such a document without providing any other documentation or evidence of Canadian citizenship. ``(B) Technology standards.--The Secretary of Homeland Security shall work, to the maximum extent possible, to ensure that an identification document issued by Canada that permits entry into the United States under subparagraph (A) utilizes technology similar to the technology utilized by identification documents issued by the United States or any State. ``(5) Admission of children.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall permit an individual to enter the United States without providing any evidence of citizenship if-- ``(A) the individual-- ``(i) is less than 16 years old; ``(ii) is accompanied by the individual's legal guardian; and ``(iii) is entering the United States from Canada or another country if the Secretary permits an individual to enter the United States from that country under the Program pursuant to paragraph (6)(A); and ``(B) such legal guardian provides a driver's license or identity card described in paragraph (3), a document described in paragraph (4), or other evidence of citizenship if the Secretary permits an individual to enter the United States using such evidence under the Program pursuant to paragraph (6)(B). ``(6) Authority to expand.--Notwithstanding any other provision of law, the Secretary of State and the Secretary of Homeland Security may expand the Program to permit an individual to enter the United States-- ``(A) from a country other than Canada; or ``(B) using evidence of citizenship other than a driver's license or identity card described in paragraph (3) or a document described in paragraph (4). ``(7) Relationship to other requirements.--Nothing in this subsection shall have the effect of creating a national identity card or a certification of citizenship for any purpose other than admission into the United States as described in this subsection. ``(8) State defined.--In this subsection, the term `State' means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. ``(9) Schedule for implementation.-- ``(A) In general.--The Secretary of Homeland Security and the Secretary of State shall implement the Program not later than December 31, 2009. ``(B) Admission prior to implementation.--During the time period beginning on the date of the enactment of the Northern Border Travel Facilitation Act and ending on the date that the Program is implemented, the Secretary of Homeland Security shall permit an individual who is a citizen of the United States or Canada to enter the United States from Canada if that individual can demonstrate United States or Canadian citizenship to the satisfaction of the Secretary. Birth certificates issued by a State, or by the Government of Canada or by the Government of a Province or Territory of Canada, or a citizenship certificate or card issued by the Government of Canada shall be deemed to be a satisfactory demonstration of citizenship under this subparagraph.''.

Generics First Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to exclude from coverage under the Medicare part D prescription drug program all nongeneric (brand name) drugs unless no generic drug has been approved, and the brand name drug is determined to be medically necessary.

A bill to amend title XVIII of the Social Security Act to require the use of generic drugs under the Medicare part D prescription drug program when available unless the brand name drug is determined to be medically necessary.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education and Skills Obtainment Act''. SEC. 2. CONSOLIDATION OF EDUCATION TAX INCENTIVES INTO HIGHER EDUCATION AND SKILLS OBTAINMENT CREDIT. (a) In General.--Section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning credits) is amended to read as follows: ``SEC. 25A. HIGHER EDUCATION AND SKILLS OBTAINMENT CREDIT. ``(a) Allowance of Credit.--In the case of any eligible student for whom an election is in effect under this section for any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $2,000, plus ``(2) 25 percent of such expenses so paid as exceeds $2,000 but does not exceed $4,000. ``(b) Limitations.-- ``(1) Credit allowed only for 4 taxable years.--The credit under subsection (a) shall not be allowed for a taxable year with respect to the qualified tuition and related expenses of an eligible student if the student has completed (before the beginning of such taxable year) 4 years of any combination of postsecondary education at an eligible educational institution and instruction described in subsection (c)(2)(B). ``(2) Limitation based on household income.--The amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so taken into account as the excess (if any) of-- ``(A) the household income of the taxpayer for such taxable year over 400 percent of the poverty line, bears to ``(B) the amount equal to 500 percent of the poverty line minus the amount equal to 400 percent of the poverty line. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible student.--The term `eligible student' means, with respect to any academic period, any individual who-- ``(A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) in the case of a student enrolled in a degree program, is carrying at least \1/2\ the normal full- time work load for the course of study the student is pursuing. ``(2) Qualified tuition and related expenses.--The term `qualified tuition and related expenses' means tuition, fees, and costs of course materials-- ``(A) for education during the taxable year with respect to the attendance at an eligible educational institution during any academic period beginning in such taxable year of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, and ``(B) for a course of instruction from an eligible provider to acquire or improve job skills of the individual during the taxable year (for education furnished during any academic period beginning in such taxable year). ``(3) Eligible educational institution.--The term `eligible educational institution' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965, as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) which is eligible to participate in a program under title IV of the Higher Education Act of 1965. ``(4) Poverty line.-- ``(A) In general.--The term `poverty line' has the meaning given that term in section 2110(c)(5) of the Social Security Act (42 U.S.C. 1397jj(c)(5)) with respect to the taxpayer's family of the size involved. ``(B) Poverty line used.--The poverty line used shall be the most recently published poverty line as of the 1st day of the regular enrollment period for coverage during such calendar year. ``(5) Eligible provider.--The term `eligible provider' means provider of training services (within the meaning of section 134(d)(4)(D) of the Workforce Investment Act of 1998) (29 U.S.C. 2864(d)(4)(D)) who is identified in accordance with section 122(e)(3) of such Act (29 U.S.C. 2842(e)(3)). ``(d) Special Rules.-- ``(1) Identification requirements.--No credit shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes on the return of tax for the taxable year-- ``(A) the name and social security number of such student, and ``(B) the employer identification number, name, and address of any institution or eligible provider to which tuition, fees, and costs of course materials were paid with respect to such student. ``(2) Adjustment for certain scholarships.--The expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (a) and (b)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(A) a qualified scholarship which is excludable from gross income under section 117, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, ``(C) a Federal Pell Grant or a Federal supplemental educational opportunity grant under subparts 1 and 3, respectively, of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a and 1070b et seq., respectively), and ``(D) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such student's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(3) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(A) no credit shall be allowed under subsection (a) to such individual for such individual's taxable year, and ``(B) amounts paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. ``(4) Treatment of certain prepayments.--If tuition, fees, or costs of course materials are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. ``(5) Denial of double benefit.--No credit shall be allowed under this section for any expense for which deduction is allowed under any other provision of this chapter. ``(6) No credit for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(7) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(8) Supporting information.--No expense shall be taken into account under this section for a taxable year unless the taxpayer submits with the return of tax for the taxable year information supporting such expense. ``(e) Election Not To Have Section Apply.--A taxpayer may elect not to have this section apply with respect to the expenses of an individual for any taxable year. ``(f) Verification and Confirmation of Certain Information.--In carrying out this section, the Secretary shall utilize information from the Secretary of Education to confirm and verify information relating to educational institutions and students, including the Integrated Postsecondary Education Data System and the National Student Loan Data System. ``(g) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any expense which was taken into account in determining the amount of such credit.''. (b) Repeal of Deduction for Qualified Tuition and Related Expenses.-- (1) In general.--Part VII of subchapter B of chapter 1 of such Code (relating to additional itemized deductions for individuals) is amended by striking section 222. (2) Clerical amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222. (c) Information Returns.-- (1) In general.--Section 6050S(e) of such Code is amended by striking ``subsection (g)(2)'' and inserting ``subsection (d)(2)''. (2) Attendance.--Paragraph (2) of section 6050S(b) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) the status of the individual for each academic period of the year for which payments are received as-- ``(i) a full-time or part-time student, ``(ii) if a part-time student, whether the individual is at least half time, and ``(iii) whether the student is a graduate student.''. (d) Omission of Identification Information and Number of Years Credit Is Claimed Treated as Mathematical or Clerical Error.-- Subparagraph (J) of section 6213(g)(2) of such Code is amended to read as follows: ``(J) in the case of information required under section 25A (relating to higher education obtainment credit)-- ``(i) an omission of a correct social security number and employer identification number of any institution required to be included on a return under subsection (d)(1) of such section, and ``(ii) an entry on the return claiming the credit in violation of the limitation under subsection (b)(1) of such return,''. (e) Conforming Amendments.-- (1) Section 62(a) of such Code is amended by striking paragraph (18). (2) Subparagraph (A) of section 86(b)(2) of such Code is amended by striking ``222,''. (3) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 25A(d)(2)''. (4) Subparagraph (A) of section 135(c)(4) of such Code is amended by striking ``222,''. (5) Subparagraph (A) of section 137(b)(3) of such Code is amended by striking ``222,''. (6) Subparagraph (A) of section 199(d)(2) of such Code is amended by striking ``222,''. (7) Clause (ii) of section 219(g)(3)(A) of such Code is amended by striking ``222,''. (8) Clause (i) of section 221(b)(2)(C) of such Code is amended by striking ``222,''. (9) Clause (iii) of section 469(i)(3)(F) of such Code is amended by striking ``221, and 222'' and inserting ``and 221''. (10) Subsection (d) of section 221 of such Code is amended-- (A) by striking ``section 25A(g)(2)'' in paragraph (2)(B) and inserting ``section 25A(d)(2)'', and (B) by striking ``section 25A(f)(2)'' in the second sentence of paragraph (2) and inserting ``section 25A(c)(3)''. (11) Section 221(d)(3) of such Code is amended by striking ``section 25A(b)(3)'' and inserting ``section 25A(c)(3)''. (12) Subclause (I) of section 529(c)(3)(B)(v) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``25A(d)(2)''. (13) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking ``section 25A(b)(3)'' and inserting ``section 221(c)(3)''. (14) Subclause (I) of section 530(d)(2)(C)(i) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 25A(d)(2)''. (15) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``25A(d)(2)''. (16) Section 1400O of such Code is amended by adding at the end the following flush sentence: ``For purposes of this section, any reference to section 25A shall be treated as a reference to such section as in effect on the day before the date of the enactment of this sentence.''. (17) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25A and inserting the following: ``Sec. 25A. Higher education and skills obtainment credit.''. (f) Sense of Congress.--It is the sense of Congress that any savings in revenues resulting from the enactment of this section shall be applied to the currently projected Pell Grant funding shortfall beginning in 2015 and to deficit reduction. (g) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2013, for education furnished in academic periods beginning after such date.

Higher Education and Skills Obtainment Act - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning tax credits with a tax credit for full and part-time post-secondary students equal to 100% of qualified tuition and related expenses up to $2,000, plus 25% of such expenses as exceeds $2,000 but not more than $4,000. Reduces the allowable amount of such credit to the extent that household income exceeds 400% of the federal poverty line. Repeals the tax deduction for qualified tuition and related expenses. Expresses the sense of Congress that any revenue saved by the enactment of this Act shall be applied to the currently projected Pell Grant funding shortfall in 2015 and to deficit reduction

Higher Education and Skills Obtainment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ski Area Recreational Opportunity Enhancement Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to amend the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)-- (1) to enable snow-sports (other than nordic and alpine skiing) to be permitted on National Forest System land subject to ski area permits issued by the Secretary of Agriculture under section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b); and (2) to clarify the authority of the Secretary of Agriculture to permit appropriate additional seasonal or year- round recreational activities and facilities on National Forest System land subject to ski area permits issued by the Secretary of Agriculture under section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b). SEC. 3. SKI AREA PERMITS. Section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) is amended-- (1) in subsection (a), by striking ``nordic and alpine ski areas and facilities'' and inserting ``ski areas and associated facilities''; (2) in subsection (b), in the matter preceding paragraph (1), by striking ``nordic and alpine skiing operations and purposes'' and inserting ``skiing and other snow sports and recreational uses authorized by this Act''; (3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (4) by inserting after subsection (b) the following: ``(c) Other Recreational Uses.-- ``(1) Authority of secretary.--Subject to the terms of a ski area permit issued pursuant to subsection (b), the Secretary may authorize a ski area permittee to provide such other seasonal or year-round natural resource-based recreational activities and associated facilities (in addition to skiing and other snow-sports) on National Forest System land subject to a ski area permit as the Secretary determines to be appropriate. ``(2) Requirements.--Each activity and facility authorized by the Secretary under paragraph (1) shall-- ``(A) encourage outdoor recreation and enjoyment of nature; ``(B) to the extent practicable-- ``(i) harmonize with the natural environment of the National Forest System land on which the activity or facility is located; and ``(ii) be located within the developed portions of the ski area; ``(C) be subject to such terms and conditions as the Secretary determines to be appropriate; and ``(D) be authorized in accordance with-- ``(i) the applicable land and resource management plan; and ``(ii) applicable laws (including regulations). ``(3) Inclusions.--Activities and facilities that may, in appropriate circumstances, be authorized under paragraph (1) include-- ``(A) zip lines; ``(B) mountain bike terrain parks and trails; ``(C) frisbee golf courses; and ``(D) ropes courses. ``(4) Exclusions.--Activities and facilities that are prohibited under paragraph (1) include-- ``(A) tennis courts; ``(B) water slides and water parks; ``(C) swimming pools; ``(D) golf courses; and ``(E) amusement parks. ``(5) Limitation.--The Secretary may not authorize any activity or facility under paragraph (1) if the Secretary determines that the authorization of the activity or facility would result in the primary recreational purpose of the ski area permit to be a purpose other than skiing and other snow- sports. ``(6) Boundary determination.--In determining the acreage encompassed by a ski area permit under subsection (b)(3), the Secretary shall not consider the acreage necessary for activities and facilities authorized under paragraph (1). ``(7) Effect on existing authorized activities and facilities.--Nothing in this subsection affects any activity or facility authorized by a ski area permit in effect on the date of enactment of this subsection during the term of the permit.''; (5) by striking subsection (d) (as redesignated by paragraph (3)), and inserting the following: ``(d) Regulations.--Not later than 2 years after the date of enactment of this subsection, the Secretary shall promulgate regulations to implement this section.''; and (6) in subsection (e) (as redesignated by paragraph (3)), by striking ``the National Environmental Policy Act, or the Forest and Rangelands Renewable Resources Planning Act as amended by the National Forest Management Act'' and inserting ``the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.)''. SEC. 4. EFFECT. Nothing in the amendments made by this Act establishes a legal preference for the holder of a ski area permit to provide activities and associated facilities authorized by section 3(c) of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b(c)) (as amended by section 3).

Ski Area Recreational Opportunity Enhancement Act of 2011 - Amends the National Forest Ski Area Permit Act of 1986 to require the term and acreage of permits for the operation of ski areas and associated facilities (under current law, for the operation of nordic and alpine ski areas and facilities) on National Forest System lands to be governed by provisions under the Act relating to such permits and other applicable law. Provides for the issuance of permits for the use and occupancy of suitable lands within the National Forest System for skiing and other snow-sports and recreational uses authorized pursuant to this Act. Requires each authorized activity and facility other than skiing and other snow-sports to: (1) encourage outdoor recreation and enjoyment of nature, (2) harmonize with the natural environment of the National Forest System land on which it is located, (3) be located within the developed portions of the ski area, and (4) be authorized in accordance with the applicable land and resource management plan and applicable laws. Specifies the activities and facilities that may be allowed or that are not allowed under a ski area permit issued pursuant to this Act. Prohibits the Secretary of Agriculture (USDA) from authorizing any activity or facility under this Act if its authorization would result in the primary recreational purpose of the National Forest System land with a ski area permit being a purpose other than skiing and other snow-sports. Bars the Secretary from considering the acreage necessary for authorized activities and facilities in determining the acreage encompassed by a ski area permit. Requires the Secretary to promulgate new regulations for the implementation of this Act.

A bill to amend the National Forest Ski Area Permit Act of 1986 to clarify the authority of the Secretary of Agriculture regarding additional recreational uses of National Forest System land that is subject to ski area permits, and for other purposes.