FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure Security and Research Development Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the Environmental Protection Agency; (2) the term ``research organization'' means a public or private institution or entity, including a national laboratory, State or local agency, university, or association of water management professionals, or a consortium of such institutions or entities, that has the expertise to conduct research to improve the security of water supply systems; and (3) the term ``water supply system'' means a public water system, as defined in section 1401(4) of the Safe Drinking Water Act (42 U.S.C. 300f(4)), and a treatment works, as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292), that is publicly owned or principally treating municipal waste water or domestic sewage. SEC. 3. WATER SUPPLY SYSTEM SECURITY RESEARCH ASSISTANCE. (a) In General.--The Administrator, in consultation and coordination with other relevant Federal agencies, shall establish a program of research and development activities to achieve short-term and long-term improvements to technologies and related processes for the security of water supply systems. In carrying out the program, the Administrator shall make grants to or enter into cooperative agreements, interagency agreements, or contracts with research organizations. (b) Projects.--Awards provided under this section shall be used by a research organization to-- (1) conduct research related to or develop vulnerability assessment technologies and related processes for water supply systems to assess physical vulnerabilities (including biological, chemical, and radiological contamination) and information systems vulnerabilities; (2) conduct research related to or develop technologies and related processes for protecting the physical assets and information systems of water supply systems from threats; (3) develop programs for appropriately disseminating the results of research and development to the public to increase awareness of the nature and extent of threats to water supply systems, and to managers of water supply systems to increase the use of technologies and related processes for responding to those threats; (4) develop scientific protocols for physical and information systems security at water supply systems; (5) conduct research related to or develop real-time monitoring systems to protect against chemical, biological, and radiological attacks; (6) conduct research related to or develop technologies and related processes for mitigation of, response to, and recovery from biological, chemical, and radiological contamination of water supply systems; or (7) carry out other research and development activities the Administrator considers appropriate to improve the security of water supply systems. (c) Guidelines, Procedures, and Criteria.-- (1) Requirement.--The Administrator shall, in consultation with representatives of relevant Federal and State agencies, water supply systems, and other appropriate public and private entities, publish application and selection guidelines, procedures, and criteria for awards under this section. (2) Report to congress.--Not later than 90 days before publication under paragraph (1), the Administrator shall transmit to Congress the guidelines, procedures, and criteria proposed to be published under paragraph (1). (3) Diversity of awards.--The Administrator shall ensure that, to the maximum extent practicable, awards under this section are made for a wide variety of projects described in subsection (b) to meet the needs of water supply systems of various sizes and are provided to geographically, socially, and economically diverse recipients. (4) Security.--The Administrator shall include as a condition for receiving an award under this section requirements to ensure that the recipient has in place appropriate security measures regarding the entities and individuals who carry out research and development activities under the award. (5) Dissemination.--The Administrator shall include as a condition for receiving an award under this section requirements to ensure the appropriate dissemination of the results of activities carried out under the award. SEC. 4. EFFECT ON OTHER AUTHORITIES. Nothing in this Act limits or preempts authorities of the Administrator under other provisions of law (including the Safe Drinking Water Act and the Federal Water Pollution Control Act) to award grants or to enter into interagency agreements, cooperative agreements, or contracts for the types of projects and activities described in this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Administrator to carry out this Act $12,000,000 for each of the fiscal years 2002, 2003, 2004, 2005, and 2006. (b) Availability.--Funds appropriated under subsection (a) shall remain available until expended. Passed the House of Representatives December 18, 2001. Attest: JEFF TRANDAHL, Clerk.

Water Infrastructure Security and Research Development Act - Directs the Administrator of the Environmental Protection Agency to establish a program of research, development, and demonstration activities to achieve improvements to technologies and related processes for the security of water supply systems. Requires the program to be carried out through grants to, or cooperative agreements with, research organizations to be used for: (1) research regarding, or development of, vulnerability assessment and physical asset and information system protection technologies; (2) dissemination of research, development, and demonstration results to the public and to managers of water supply systems; (3) demonstration and assessment of upgraded security technologies; (4) development of security standards and procedures; (5) research and development related to real-time monitoring to protect against, and technologies and processes to address, chemical, biological, and radiological contamination; and (6) other research, development, and demonstration activities the Administrator deems appropriate, including information sharing and analysis.Requires a report to Congress.States requirements for cost sharing by non-Federal sources.Authorizes appropriations.

To authorize the Environmental Protection Agency to provide funding to support research and development projects for the security of water infrastructure.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Children and Families Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Medicaid and the State Children's Health Insurance Program have collectively provided health insurance coverage to over 38,000,000 low-income pregnant women and children. (2) Evidence-based nurse home visitation programs can improve the health status of low-income pregnant women and children enrolled in Medicaid and the State Children's Health Insurance Program by promoting access to prenatal and well-baby care, reducing pre-term births, reducing high-risk pregnancies, increasing time intervals between first and subsequent births, and improving child cognitive, social, and behavioral skills and development. (3) In addition to health benefits, evidence-based nurse home visitation programs have been proven to increase maternal employment and economic self-sufficiency and significantly reduce child abuse and neglect, child arrests, maternal arrests, and involvement in the criminal justice system. (4) Evidence-based nurse home visitation programs are cost effective, yielding a 5-to-1 return on investment for every dollar spent on services, and producing a net benefit to society of $34,000 per high risk family served. (b) Purpose.--The purpose of this Act is to encourage States to utilize evidence-based nurse home visitation services for low-income pregnant mothers and children to-- (1) improve the prenatal health of children; (2) improve pregnancy outcomes; (3) improve child health and development; (4) improve child development and mental health related to elementary school readiness; (5) improve family stability and economic self-sufficiency; (6) reduce the incidence of child abuse and neglect; (7) reduce maternal and child involvement in the criminal justice system; and (8) increase birth intervals between pregnancies. SEC. 3. ADDITIONAL OPTIONS FOR STATES TO PROVIDE NURSE HOME VISITATION SERVICES. (a) SCHIP.--Section 2110(a)(15) of the Social Security Act (42 U.S.C. 1397jj(a)(15)) is amended-- (1) by inserting ``(A)'' after ``(15)''; and (2) by adding at the end the following: ``(B)(i) Evidence-based nurse home visitation services (such as services related to improving prenatal health, pregnancy outcomes, child health and development, school readiness, family stability and economic self-sufficiency, reducing child abuse, neglect, and injury, reducing maternal and child involvement in the criminal justice system, and increasing birth intervals between pregnancies) on behalf of a targeted low-income child who has not attained age 2 and is the first live birth to a biological mother, but only if such services are provided in accordance with outcome standards that have been replicated in multiple, rigorous, randomized controlled trials in multiple sites, with outcomes that improve prenatal health of children, pregnancy outcomes, child health, child development, academic achievement, and mental health, reduce child abuse, neglect, and injury, reduce maternal and child involvement in the criminal justice system, increase birth intervals between pregnancies, and improve maternal employment.''. (b) Medicaid.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) in paragraph (27), by striking ``and'' at the end; (2) by redesignating paragraph (28) as paragraph (29); and (3) by inserting after paragraph (27) the following: ``(28) evidence-based nurse home visitation services (such as services related to improving prenatal health, pregnancy outcomes, child health and development, school readiness, family stability and economic self-sufficiency, reducing child abuse, neglect, and injury, reducing maternal and child involvement in the criminal justice system, and increasing birth intervals between pregnancies) for a first-time pregnant woman or on behalf of a child who has not attained age 2 and is the first live birth to a biological mother, but only if such services are provided in accordance with outcome standards that have been replicated in multiple, rigorous, randomized controlled trials in multiple sites, with outcomes that improve prenatal health of children, pregnancy outcomes, child health, child development, academic achievement, and mental health, reduce child abuse, neglect, and injury, reduce maternal and child involvement in the criminal justice system, increase birth intervals between pregnancies, and improve maternal employment; and''. (c) Rule of Construction.--Nothing in the amendments made by this Act shall be construed as affecting the ability of a State under the Medicaid program under title XIX of the Social Security Act or the State Children's Health Insurance Program under title XXI of such Act to provide nurse home visitation services as part of another class of items and services falling within the definition of medical assistance or child health assistance under such titles, or as an administrative expenditure for which payment is made under section 1903(a) or 2105(a) of such Act, on or after the date of enactment of this Act. (d) Timely Approval of Amendments or Proposals.--The Secretary of Health and Human Services shall, in a timely manner, review and notify a State of the Secretary's approval or disapproval of-- (1) any proposed amendment to a State Medicaid plan under title XIX of the Social Security Act to provide nurse home visitation services as medical assistance described in section 1905(a)(28) of such Act; (2) any proposed amendment to a State child health plan under title XXI of such Act to provide such services as child health assistance described in section 2110(a)(15)(B) of such Act; or (3) any proposal submitted under section 1115 of such Act to provide nurse home visitation services described in sections 1905(a)(28) and 2110(a)(15)(B) of such Act under a waiver approved under such section 1115. (e) Effective Date.--The amendments made by this section take effect on October 1, 2007, and apply to child health assistance provided under title XXI of the Social Security Act and medical assistance provided under title XIX of such Act on or after that date.

Healthy Children and Families Act of 2007 - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to provide states with the option to provide evidence-based nurse home visitation services under Medicaid and the SCHIP programs.

To amend titles XIX and XXI of the Social Security Act to provide States with the option to provide nurse home visitation services under Medicaid and the State Children's Health Insurance Program.

SECTION 1. RATES OF BASIC PAY FOR THE UNITED STATES SECRET SERVICE UNIFORMED DIVISION. (a) New Rates of Basic Pay.--Section 501 of the District of Columbia Police and Firemen's Salary Act of 1958, (District of Columbia Code, section 4-416), is amended-- (1) in subsection (b)(1), by striking ``Interior'' and all that follows through ``Treasury,'' and inserting ``Interior''; (2) by redesignating subsection (c) as subsection (b)(3); (3) in subsection (b)(3) (as redesignated)-- (A) by striking ``or to officers and members of the United States Secret Service Uniformed Division''; and (B) by striking ``subsection (b) of this section'' and inserting ``this subsection''; and (4) by adding after subsection (b) the following new subsection: ``(c)(1) The annual rates of basic compensation of officers and members of the United States Secret Service Uniformed Division, serving in classes corresponding or similar to those in the salary schedule in section 101 (District of Columbia Code, section 4-406), shall be fixed in accordance with the following schedule of rates: ``SALARY SCHEDULE ---------------------------------------------------------------------------------------------------------------- Service steps Salary class and title ---------------------------------------------------------------------------- 1 2 3 4 5 6 7 8 9 ---------------------------------------------------------------------------------------------------------------- Class 1: Private 29,21 30,088 31,55 33,00 35,33 37,68 39,12 40,59 42,05 5 9 9 1 1 8 3 2 Class 4: Sergeant 39,76 41,747 43,72 45,71 47,71 49,71 9 8 8 5 3 Class 5: Lieutenant 45,14 47,411 49,66 51,92 54,18 8 3 4 0 Class 7: Captain 52,52 55,155 57,78 60,38 3 8 8 Class 8: Inspector 60,88 63,918 66,97 70,02 6 7 9 Class 9: Deputy Chief 71,43 76,260 81,11 85,95 3 3 0 Class 10: Assistant Chief 84,69 90,324 95,96 4 7 Class 11: Chief of the United 98,38 104,923 States Secret Service Uniformed 3 Division ---------------------------------------------------------------------------------------------------------------- ``(2) Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5, United States Code (or any subsequent similar provision of law), in the rates of pay under the General Schedule (or any pay system that may supersede such schedule), the annual rates of basic compensation of officers and members of the United States Secret Service Uniformed Division shall be adjusted by the Secretary of the Treasury by an amount equal to the percentage of such annual rate of pay which corresponds to the overall percentage of the adjustment made in the rates of pay under the General Schedule. ``(3) Locality-based comparability payments authorized under section 5304 of title 5, United States Code, shall be applicable to the basic pay under this section, except locality-based comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the officer or member, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. ``(4) Pay may not be paid, by reason of any provision of this subsection (disregarding any comparability payment payable under Federal law), at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule contained in subchapter II of chapter 53 of title 5, United States Code. ``(5) Any reference in any law to the salary schedule in section 101 (District of Columbia Code, section 4-406) with respect to officers and members of the United States Secret Service Uniformed Division shall be considered to be a reference to the salary schedule in paragraph (1) of this subsection as adjusted in accordance with this subsection. ``(6)(A) Except as otherwise permitted by or under law, no allowance, differential, bonus, award, or other similar cash payment under this title or under title 5, United States Code, may be paid to an officer or member of the United States Secret Service Uniformed Division in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such officer or member for service performed in such calendar year as an officer or member, such payment would cause the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year. ``(B) This paragraph shall not apply to any payment under the following provisions of title 5, United States Code: ``(i) Subchapter III or VII of chapter 55, or section 5596. ``(ii) Chapter 57 (other than section 5753, 5754, or 5755). ``(iii) Chapter 59 (other than section 5928). ``(7)(A) Any amount which is not paid to an officer or member of the United States Secret Service Uniformed Division in a calendar year because of the limitation under paragraph (6) shall be paid to such officer or member in a lump sum at the beginning of the following calendar year. ``(B) Any amount paid under this paragraph in a calendar year shall be taken into account for purposes of applying the limitations under paragraph (6) with respect to such calendar year. ``(8) The Office of Personnel Management shall prescribe regulations as may be necessary (consistent with section 5582 of title 5, United States Code) concerning how a lump-sum payment under paragraph (7) shall be made with respect to any employee who dies before an amount payable to such employee under paragraph (7) is made.''. (b) Conversion to New Salary Schedule.-- (1)(A) Effective on the first day of the first pay period beginning after the date of enactment of this section, the Secretary of the Treasury shall fix the rates of basic pay for members of the United States Secret Service Uniformed Division in accordance with this paragraph. (B) Subject to subparagraph (C), each officer and member receiving basic compensation, immediately prior to the effective date of this section, at one of the scheduled rates in the salary schedule in section 101 of the District of Columbia Police and Firemen's Salary Act of 1958, as adjusted by law and as in effect prior to the effective date of this section, shall be placed in and receive basic compensation at the corresponding scheduled service step of the salary schedule under subsection (a)(4). (C)(i) The Assistant Chief and the Chief of the United States Secret Service Uniformed Division shall be placed in and receive basic compensation in salary class 10 and salary class 11, respectively, in the appropriate service step in the new salary class in accordance with section 304 of the District of Columbia Police and Firemen's Salary Act 1958 (District of Columbia Code, section 4-413). (ii) Each member whose position is to be converted to the salary schedule under section 501(c) of the District of Columbia Police and Firemen's Salary Act of 1958 (District of Columbia Code, section 4-416(c)) as amended by this section, in accordance with subsection (a) of this section, and who, prior to the effective date of this section has earned, but has not been credited with, an increase in his or her rate of pay shall be afforded that increase before such member is placed in the corresponding service step in the salary schedule under section 501(c). (2) Except in the cases of the Assistant Chief and the Chief of the United States Secret Service Uniformed Division, the conversion of positions and individuals to appropriate classes of the salary schedule under section 501(c) of the District of Columbia Police and Firemen's Salary Act of 1958 (District of Columbia Code, section 4-416(c)) as amended by this section, and the initial adjustments of rates of basic pay of those positions and individuals, in accordance with paragraph (1) of this subsection, shall not be considered to be transfers or promotions within the meaning of section 304 of the District of Columbia Police and Firemen's Salary Act of 1958 (District of Columbia Code, section 4-413). (3) Each member whose position is converted to the salary schedule under section 501(c) of the District of Columbia Police and Firemen's Salary Act of 1958 (District of Columbia Code, section 4-416(c)) as amended by this section, in accordance with subsection (a) of this section, shall be granted credit for purposes of such member's first service step adjustment under the salary schedule in such section 510(c) for all satisfactory service performed by the member since the member's last increase in basic pay prior to the adjustment under that section. (c) Limitation on Pay Period Earnings.--The Act of August 15, 1950 (64 Stat. 477), (District of Columbia Code, section 4-1104), is amended-- (1) in subsection (h), by striking ``any officer or member'' each place it appears and inserting ``an officer or member of the Metropolitan Police force, of the Fire Department of the District of Columbia, or of the United States Park Police''; (2) by redesignating subsection (h)(3) as subsection (i); and (3) by inserting after paragraph (2) the following new paragraph: ``(3)(A) no premium pay provided by this section shall be paid to, and no compensatory time is authorized for, any officer or member of the United States Secret Service Uniformed Division whose rate of basic pay, combined with any applicable locality-based comparability payment, equals or exceeds the lesser of-- ``(i) 150 percent of the minimum rate payable for grade GS-15 of the General Schedule (including any applicable locality-based comparability payment under section 5304 of title 5, United States Code or any similar provision of law, and any applicable special rate of pay under section 5305 of title 5, United States Code or any similar provision of law); or ``(ii) the rate payable for level V of the Executive Schedule contained in subchapter II of chapter 53 of title 5, United States Code. ``(B) In the case of any officer or member of the United States Secret Service Uniformed Division whose rate of basic pay, combined with any applicable locality-based comparability payment, is less than the lesser of-- ``(i) 150 percent of the minimum rate payable for grade GS-15 of the General Schedule (including any applicable locality-based comparability payment under section 5304 of title 5, United States Code or any similar provision of law, and any applicable special rate of pay under section 5305 of title 5, United States Code or any similar provision of law); or ``(ii) the rate payable for level V of the Executive Schedule contained in subchapter II of chapter 53 of title 5, United States Code, such premium pay may be paid only to the extent that such payment would not cause such officer or member's aggregate rate of compensation to exceed such lesser amount with respect to any pay period.''. (d) Savings Provision.--On the effective date of this section, any existing special salary rates authorized for members of the United States Secret Service Uniformed Division under section 5305 of title 5, United States Code (or any previous similar provision of law) and any special rates of pay or special pay adjustments under section 403, 404, or 405 of the Federal Law Enforcement Pay Reform Act of 1990 applicable to members of the United States Secret Service Uniformed Division shall be rendered inapplicable. (e) Conforming Amendment.--The Federal Law Enforcement Pay Reform Act of 1990 (104 Stat. 1466) is amended by striking subsections (b)(1) and (c)(1) of section 405. (f) Effective Date.--The provisions of this section shall become effective on the first day of the first pay period beginning after the date of enactment.

Amends the District of Columbia Police and Firemen's Salary Act of 1958 to set forth the annual rates of basic pay for officers and members of the United States Secret Service Uniformed Division. Sets a limitation on certain pay period earnings with respect to premium pay paid to and compensatory time authorized for such officers and members.

A bill to simplify and consolidate the pay system for the United States Secret Service Uniformed Division, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Ground and Surface Water Enhancement Program Act of 2007''. SEC. 2. PURPOSE AND GOALS. (a) Purpose.--The purpose of this Act is to authorize a regional water enhancement program, within the environmental quality incentives program, to enhance performance-based, cost-effective conservation carried out through cooperative agreements entered into by the Secretary of Agriculture with producers, governmental entities, and Indian tribes. (b) Goal.-- (1) In general.--The goal of the regional water enhancement program is to improve water quality or ground and surface water quantity through coordinated program activities on agricultural land. (2) Secretarial responsibility.--The Secretary shall develop goals and provide coordinated program assistance for water quality or water quantity improvement projects. SEC. 3. REGIONAL GROUND AND SURFACE WATER ENHANCEMENT PROGRAM. Section 1240I of the Food Security Act of 1985 (16 U.S.C. 3839aa-9) is amended to read as follows: ``SEC. 1240I. REGIONAL GROUND AND SURFACE WATER ENHANCEMENT PROGRAM. ``(a) Definitions.--In this section: ``(1) Regional water enhancement activity.--The term `regional water enhancement activity' means an activity that improves water quality or ground and surface water quantity, including-- ``(A) resource condition assessment and modeling; ``(B) water quality, water quantity, or water conservation plan development; ``(C) management system and environmental monitoring and evaluation; ``(D) the provision of a cost-share for a restoration or enhancement project; ``(E) the provision of an incentive payment for land management practices; ``(F) the execution of a conservation contract with a landowner; ``(G) the improvement of an irrigation system; ``(H) water banking and other forms of water transactions; ``(I) groundwater recharge; and ``(J) other conservation-related activities that the Secretary determines would help to achieve the water quality or water quantity benefits on agricultural land identified in a partnership agreement. ``(2) Partnership agreement.--The term `partnership agreement' means an agreement between the Secretary and a partner under subsection (d). ``(3) Partner.-- ``(A) In general.--The term `partner' means an entity that enters into a partnership agreement with the Secretary to carry out regional water enhancement activities. ``(B) Inclusions.--The term includes-- ``(i) an agricultural producer, agricultural or silvicultural producer association, or other group of such producers; ``(ii) a State or unit of local government; or ``(iii) a federally recognized Indian tribe. ``(b) Establishment of Program.-- ``(1) Identification of water quality and water quantity priority areas.--The Secretary shall identify areas in which protecting or improving water quality or water quantity, or both, is a priority. ``(2) Establishment.--The Secretary shall establish a regional water enhancement program in accordance with this section to improve water quality or water quantity on a regional scale to benefit working agricultural land and other land surrounding agricultural land. ``(3) Implementation.--The Secretary, acting through the Chief of the Natural Resources Conservation Service, shall carry out the program established under paragraph (2). ``(c) Selection of Partners.-- ``(1) Solicitation of partnership proposals.--Not later than 90 days after the date of the enactment of the Regional Ground and Surface Water Enhancement Program Act of 2007, the Secretary shall invite prospective partners to submit competitive grant proposals for regional water enhancement partnerships. ``(2) Elements.--To be eligible for consideration for participation in the program, a proposal submitted by a partner shall include-- ``(A) identification of the exact geographical area for which the partnership is proposed, which may be based on-- ``(i) a watershed (or portion of a watershed); ``(ii) an irrigation, water, or drainage district, including a service area; or ``(iii) any other geographical area with characteristics that make the area suitable for landscape-wide program implementation, as determined by the Secretary; ``(B) identification of the water quality or water quantity issues that are of concern in the area; ``(C) a method for determining a baseline assessment of water quality, water quantity, and other resource conditions in the region; ``(D) a detailed description of the proposed regional water enhancement activities to be undertaken in the area, including an estimated timeline and budget for each activity; ``(E) a description of the performance measures to be used to gauge the effectiveness of the regional water enhancement activities; ``(F) a description of other regional water enhancement activities carried out by the Secretary; and ``(G) a description of regional water enhancement activities carried out by partners through other means. ``(3) Selection of proposals.--The Secretary shall award grants competitively, based on the following criteria, as determined by the Secretary: ``(A) The extent to which the proposed project would result in the inclusion of the highest percentage of agricultural land in the area. ``(B) The extent to which the proposed project would result in the highest percentage of on-the-ground activities as compared to administrative costs. ``(C) The extent to which the proposed project would provide the greatest contribution to sustaining or enhancing agricultural production in the area or rural economic development. ``(D) The extent to which the proposed project includes performance measures that would allow post- activity conditions to be satisfactorily measured to gauge overall effectiveness. ``(E) The extent to which the proposed project would increase water availability for irrigated assisted rain-fed systems to improve land use efficiency, reduce unused applied nitrogen in the soil, and increase pesticide and herbicide application efficiency and energy efficiency. ``(F) The extent to which the proposed project would store surface water runoff or rechargeable groundwater for use during the agricultural growing season through the construction, improvement, or maintenance of irrigation ponds, including associated water transport infrastructure to and from the ponds. ``(4) Priority.--The Secretary shall give priority to proposals that, as determined by the Secretary, would facilitate a conservation measure that would result in a net savings in groundwater or surface water in the agricultural operation of a producer. ``(5) Requirement.--The requirements of the environmental quality incentives program shall apply to regional water enhancement activities carried out under this section, as determined by the Secretary. ``(6) Duration.-- ``(A) In general.--Subject to subparagraph (B), a grant under this subsection shall be made on a multiyear basis, not to exceed a total of 5 years. ``(B) Early termination.--The Secretary may terminate a grant earlier than the term determined under subparagraph (A) if the Secretary determines that the performance measures for the grant are not being met. ``(d) Partnership Agreements.-- ``(1) In general.--Not later than 30 days after the date on which a partner receives a grant under subsection (c), the Secretary shall enter into a partnership agreement with the grant recipient. ``(2) Requirements.--At a minimum, a partnership agreement shall contain-- ``(A) a description of the respective duties and responsibilities of the Secretary and the partner in carrying out regional water enhancement activities; and ``(B) the criteria that the Secretary will use to measure the overall effectiveness of the regional water enhancement activities funded by the grant in improving the water quality or quantity conditions of the region relative to the performance measures in the grant proposal. ``(3) Acceptance of contributions.--The Secretary may accept and use contributions of non-Federal funds to carry out the program under this section. ``(e) Modification of Secretarial Authority.--To the extent that the Secretary will be carrying out regional water enhancement activities in an area, the Secretary may use the general authorities provided in this subtitle to ensure that all producers and landowners in the region have the opportunity to participate in the regional water enhancement activities. ``(f) Relationship With Other Programs.--The Secretary shall ensure that, to the extent producers and landowners are individually participating in other programs under this subtitle in a region in which the regional water enhancement program is in effect, any improvements to water quality or water quantity attributable to the individual participation are included in the evaluation criteria developed under subparagraph (d)(2)(B). ``(g) Consistency With State Law.--Any regional water enhancement activity conducted under this section shall be consistent with State water laws. ``(h) Funding.-- ``(1) Availability of funds.--In addition to funds made available to carry out this chapter under section 1241(a)(6), of the funds of the Commodity Credit Corporation, the Secretary shall use, to the maximum extent practicable, to carry out this section $100,000,000 for each of fiscal years 2008 through 2012, to remain available until expended. ``(2) Limitation on administrative expenses.--Not more than 3 percent of the funds made available under paragraph (1) for a fiscal year may be used for administrative expenses of the Secretary.''.

Regional Ground and Surface Water Enhancement Program Act of 2007 - Amends the Food Security Act of 1985 to direct the Secretary of Agriculture to: (1) identify areas in which protecting or improving water quality or water quantity, or both, is a priority; (2) establish (within the environmental quality incentives program) a regional water enhancement program to improve agricultural water quality or water quantity; and (3) invite prospective partners to submit competitive grant proposals for regional water enhancement partnerships.

A bill to amend the Food Security Act of 1985 to authorize a regional water enhancement program in the environmental quality incentives program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abby Honold Act''. SEC. 2. DEMONSTRATION PROGRAM ON TRAUMA-INFORMED TRAINING FOR LAW ENFORCEMENT. (a) Definitions.--In this section-- (1) the term ``Attorney General'' means the Attorney General, acting through the Director of the Office on Violence Against Women; (2) the term ``covered individual'' means an individual who interfaces with victims of domestic violence, dating violence, sexual assault, and stalking, including-- (A) an individual working for or on behalf of an eligible entity; (B) a school or university administrator; and (C) an emergency services or medical employee; (3) the term ``demonstration site'', with respect to an eligible entity that receives a grant under this section, means-- (A) if the eligible entity is a law enforcement agency described in paragraph (4)(A), the area over which the eligible entity has jurisdiction; and (B) if the eligible entity is an organization or agency described in paragraph (4)(B), the area over which a law enforcement agency described in paragraph (4)(A) that is working in collaboration with the eligible entity has jurisdiction; and (4) the term ``eligible entity'' means-- (A) a State, local, territorial, or tribal law enforcement agency; or (B) a national, regional, or local victim services organization or agency working in collaboration with a law enforcement agency described in subparagraph (A). (b) Grants Authorized.-- (1) In general.--The Attorney General shall award grants on a competitive basis to eligible entities to carry out the demonstration program under this section by implementing evidence-based or promising policies and practices to incorporate trauma-informed techniques designed to-- (A) prevent re-traumatization of the victim; (B) ensure that covered individuals use evidence- based practices to respond to and investigate cases of domestic violence, dating violence, sexual assault, and stalking; (C) improve communication between victims and law enforcement officers in an effort to increase the likelihood of the successful investigation and prosecution of the alleged crime in a manner that protects the victim to the greatest extent possible; (D) increase collaboration among stakeholders who are part of the coordinated community response to domestic violence, dating violence, sexual assault, and stalking; and (E) evaluate the effectiveness of the training process and content by measuring-- (i) investigative and prosecutorial practices and outcomes; and (ii) the well-being of victims and their satisfaction with the criminal justice process. (2) Term.--The Attorney General shall make grants under this section for each of the first 2 fiscal years beginning after the date of enactment of this Act. (3) Award basis.--The Attorney General shall award grants under this section to multiple eligible entities for use in a variety of settings and communities, including-- (A) urban, suburban, tribal, remote, and rural areas; (B) college campuses; or (C) traditionally underserved communities. (c) Use of Funds.--An eligible entity that receives a grant under this section shall use the grant to-- (1) train covered individuals within the demonstration site of the eligible entity to use evidence-based, trauma-informed techniques throughout an investigation into domestic violence, dating violence, sexual assault, or stalking, including by-- (A) conducting victim interviews in a manner that-- (i) elicits valuable information about the domestic violence, dating violence, sexual assault, or stalking; and (ii) avoids re-traumatization of the victim; (B) conducting field investigations that mirror best and promising practices available at the time of the investigation; (C) customizing investigative approaches to ensure a culturally and linguistically appropriate approach to the community being served; (D) becoming proficient in understanding and responding to complex cases, including cases of domestic violence, dating violence, sexual assault, or stalking-- (i) facilitated by alcohol or drugs; (ii) involving strangulation; (iii) committed by a non-stranger; (iv) committed by an individual of the same sex as the victim; (v) involving a victim with a disability; (vi) involving a male victim; or (vii) involving a lesbian, gay, bisexual, or transgender (commonly referred to as ``LGBT'') victim; (E) developing collaborative relationships between-- (i) law enforcement officers and other members of the response team; and (ii) the community being served; and (F) developing an understanding of how to define, identify, and correctly classify a report of domestic violence, dating violence, sexual assault, or stalking; and (2) promote the efforts of the eligible entity to improve the response of covered individuals to domestic violence, dating violence, sexual assault, and stalking through various communication channels, such as the website of the eligible entity, social media, print materials, and community meetings, in order to ensure that all covered individuals within the demonstration site of the eligible entity are aware of those efforts and included in trainings, to the extent practicable. (d) Demonstration Program Trainings on Trauma-Informed Approaches.-- (1) Identification of existing trainings.-- (A) In general.--The Attorney General shall identify trainings for law enforcement officers, in existence as of the date on which the Attorney General begins to solicit applications for grants under this section, that-- (i) employ a trauma-informed approach to domestic violence, dating violence, sexual assault, and stalking; and (ii) focus on the fundamentals of the-- (I) neurobiology of trauma; and (II) impact of trauma on victims of domestic violence, dating violence, sexual assault, and stalking. (B) Selection.--An eligible entity that receives a grant under this section shall select one or more of the approaches employed by a training identified under subparagraph (A) to test within the demonstration site of the eligible entity. (2) Consultation.--In carrying out paragraph (1), the Attorney General shall consult with the Director of the Office for Victims of Crime in order to seek input from and cultivate consensus among outside practitioners and other stakeholders through facilitated discussions and focus groups on best practices in the field of trauma-informed care for victims of domestic violence, dating violence, sexual assault, and stalking. (e) Evaluation.--The Attorney General, in consultation with the Director of the National Institute of Justice, shall require each eligible entity that receives a grant under this section to identify a research partner, preferably a local research partner, to-- (1) design a system for generating and collecting the appropriate data to facilitate an independent process or impact evaluation of the use of the grant funds; (2) periodically conduct an evaluation described in paragraph (1); and (3) periodically make publicly available, during the grant period-- (A) preliminary results of the evaluations conducted under paragraph (2); and (B) recommendations for improving the use of the grant funds. (f) Authorization of Appropriations.--The Attorney General shall carry out this section using amounts otherwise available to the Attorney General.

Abby Honold Act This bill directs the Department of Justice's Office on Violence Against Women to make competitive grants to law enforcement agencies and victim services organizations to implement evidence-based, trauma-informed approaches in responding to and investigating domestic violence, dating violence, sexual assault, or stalking.

Abby Honold Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Voting Standards and Technology Act''. SEC. 2. ESTABLISHMENT OF VOTING SYSTEMS STANDARDS PROGRAM. (a) In General.--Section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)) is amended-- (1) in paragraph (21), by striking ``and'' at the end; (2) by redesignating paragraph (22) as paragraph (23); and (3) by inserting after paragraph (21) the following: ``(22) study automated voting systems used in the United States, including voter registration, vote casting, and vote counting; and''. (b) Developing Voting Systems Standards.--The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by adding at the end the following new section: ``SEC. 32. VOTING SYSTEMS STANDARDS. ``(a) The Secretary, through the Director, shall-- ``(1) have the mission of developing standard practices, codes, specifications, and voluntary consensus standards needed to assure the accuracy, integrity, and security of voting systems used in the United States, including voter registration, vote casting, and vote counting; and ``(2) establish a program with the National Voluntary Laboratory Accreditation Program to accredit laboratories, in accordance with regulations for procedures under such program, to test vote casting and counting devices for conformance with standard practices, codes, specifications, and voluntary consensus standards developed under paragraph (1). ``(b) For purposes of subsection (a), the term `voting systems' shall include-- ``(1) every stage of the voting procedure beginning with voter registration through any necessary recount of votes; and ``(2) systems used in connection with an election for the office of President, Vice President, or a member of Congress. ``(c) For purposes of subsection (a), the Secretary is authorized to cooperate with other departments and agencies of the Federal Government, industry organizations, State and local governments, and private organizations.''. (c) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2002, 2003, 2004, and 2005 such sums as may be necessary to carry out the purposes of this section. SEC. 3. STUDY OF VOTING ISSUES. (a) In General.--The Director of the National Institute of Standards and Technology shall conduct a study of-- (1) the impact of income of a voter on effective participation in the election process; (2) the impact of minority status of a voter based on race, gender, or ethnicity on effective participation in the election process; (3) the effect of the use of differing voting apparatus and of substandard or malfunctioning voting machinery on effective participation in, and the integrity of, the election process; and (4) any future and emerging technologies for use in elections, such as Internet voting. (b) Study of Income.--The study conducted under subsection (a)(1) shall include the study of the impact of various factors on participation in elections by low-income voters, including voter registration requirements, educational status, type of voting apparatus available, voting outreach efforts, and any other factors the Director of the National Institute of Standards and Technology deems relevant. (c) Coordination.--In conducting studies under this section, the Director of the National Institute of Standards and Technology shall cooperate and coordinate with appropriate Federal, State, and local officials, including election officials and other interested groups and individuals. (d) Report.--Not later than 1 year after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall report the results of the study conducted under this section to Congress. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the studies and report under this section. SEC. 4. VOTING IMPROVEMENT GRANTS. (a) Matching Grant To Improve Voting Methods.-- (1) Authority.--The Secretary of Commerce (referred to in this section as the ``Secretary'') is authorized to make matching grants to the State agency responsible for administering elections in a State or the appropriate local agency responsible for administering elections in a unit of local government for the purpose of purchasing new or rehabilitated voting equipment that improves the ability of the public to cast a timely and accurate vote. (2) Voting equipment.--Voting equipment purchased with the proceeds of a grant under paragraph (1) shall meet the voting systems performance standards developed by the National Institute of Standards and Technology under section 32 of the National Institute of Standards and Technology Act (as added by section 2(b)). (3) Application.--The Secretary shall publish a notice in the Federal Register to notify State and local agencies regarding the time and manner in which such State or local agency may apply and to prescribe criteria for approval of a State or local agency application. (4) Priority.--In awarding grants under this subsection, the Secretary shall give priority to applications which propose to use the funds to place voting equipment in election precincts that are most in need of updating and improvement of their voting system in order to meet voting system performance standards described in paragraph (2), particularly in areas experiencing the greatest need based on unemployment level, income levels, financial need, or other indicators of economic distress. (5) Matching requirement.-- (A) In general.--The Secretary may not make a grant to a State or local agency under this subsection unless that agency agrees that, with respect to the costs to be incurred by the agency in carrying out the purpose for which the grant was awarded, the agency will make available non-Federal contributions in an amount equal to 50 percent of the Federal funds provided under the grant. (B) Waiver.--The Secretary may waive the requirement under subparagraph (A) if the Secretary determines a State or local agency displays extreme need. (6) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this subsection, including grant funds and administration costs. (b) Block Grant for Voter Education Campaigns.-- (1) Authority.--The Secretary is authorized to make grants to the State agency responsible for administering elections in a State for the purpose of implementing voter education campaigns. (2) Implementation.--Each State agency receiving funds under paragraph (1) shall make such funds available to the appropriate State and local election officials to carry out voter education campaigns. (3) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to make grants under this subsection.

American Voting Standards and Technology Act - Amends the National Institute of Standards and Technology Act to direct the Secretary of Commerce to: (1) develop standard practices, codes, specifications, and voluntary consensus standards needed to assure the accuracy, integrity, and security of voting systems used in the United States; and (2) establish a program to accredit laboratories to test vote casting and counting devices for conformance with such standard practices, codes, specifications, and voluntary consensus standards.Authorizes the Secretary to make grants to the State agency responsible for administering elections in a State for the purpose of: (1) purchasing new or rehabilitated voting equipment that improves the ability of the public to cast a timely and accurate vote; and (2) implementing voter education campaigns.

To develop voluntary consensus standards to ensure the accuracy and validation of the voting process, to direct the Director of the National Institute of Standards and Technology to study voter participation and emerging voting technology, to provide grants to States to improve voting methods, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Targeted Marriage Tax Penalty Relief Act of 2000''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Section 15 Not To Apply.--No amendment made by section 2 shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986 . SEC. 2. MARRIAGE CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. MARRIAGE CREDIT. ``(a) Allowance of Credit.--In the case of a joint return under section 6013, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the lesser of the amount determined under subsection (b) or (c) for the taxable year. ``(b) Amount Under Subsection (b).--For purposes of subsection (a), the amount under this subsection for any taxable year with respect to a taxpayer is determined in accordance with the following table: ``Taxable year: Amount: 2001.......................................... $500 2002.......................................... $900 2003.......................................... $1,300 2004 and thereafter........................... $1,700. ``(c) Determination of Amount.-- ``(1) In general.--For purposes of subsection (a), the amount determined under this subsection for any taxable year with respect to a taxpayer is equal to the excess (if any) of-- ``(A) the joint tentative tax of such taxpayer for such year, over ``(B) the combined tentative tax of such taxpayer for such year. ``(2) Joint tentative tax.--For purposes of paragraph (1)(A)-- ``(A) In general.--The joint tentative tax of a taxpayer for any taxable year is equal to the tax determined in accordance with the table contained in section 1(a) on the joint tentative taxable income of the taxpayer for such year. ``(B) Joint tentative taxable income.--For purposes of subparagraph (A), the joint tentative taxable income of a taxpayer for any taxable year is equal to the excess of-- ``(i) the earned income (as defined in section 32(c)(2)), and any income received as a pension or annuity which arises from an employer-employee relationship (including any social security benefit (as defined in section 86(d)(1)), of such taxpayer for such year, over ``(ii) the sum of-- ``(I) either-- ``(aa) the standard deduction determined under section 63(c)(2)(A)(i) for such taxpayer for such year, or ``(bb) in the case of an election under section 63(e), the total itemized deductions determined under section 63(d) for such taxpayer for such year, and ``(II) the total exemption amount for such taxpayer for such year determined under section 151. ``(3) Combined tentative tax.--For purposes of paragraph (1)(A)-- ``(A) In general.--The combined tentative tax of a taxpayer for any taxable year is equal to the sum of the taxes determined in accordance with the table contained in section 1(c) on the individual tentative taxable income of each spouse for such year. ``(B) Individual tentative taxable income.--For purposes of subparagraph (A), the individual tentative taxable income of a spouse for any taxable year is equal to the excess of-- ``(i) the earned income (as defined in section 32(c)(2)), and any income received as a pension or annuity which arises from an employer-employee relationship (including any social security benefit (as defined in section 86(d)(1)), of such spouse for such year, over ``(ii) the sum of-- ``(I) either-- ``(aa) the standard deduction determined under section 63(c)(2)(C) for such spouse for such year, or ``(bb) in the case of an election under section 63(e), one-half of the total itemized deductions determined under paragraph (2)(B)(ii)(I)(bb) for such spouse for such year, and ``(II) one-half of the total exemption amount determined under paragraph (2)(B)(ii)(II) for such year. ``(d) Phaseout of Credit.-- ``(1) In general.--The amount which would (but for this subsection) be taken into account under subsection (a) shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph is the amount which bears the same ratio to the amount 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) $120,000, bears to ``(B) $20,000. ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 2004, the $1,700 amount referred to in subsection (b) and the $120,000 amount referred to in subsection (d)(2)(A)(ii) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2003' for `1992'. ``(2) Rounding.--If the $1,700 amount (as so referred) and the $120,000 amount (as so referred) as adjusted under paragraph (1) is not a multiple of $25 and $50, respectively, such amount shall be rounded to the nearest multiple of $25 and $50, respectively.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Marriage credit.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. MARRIAGE PENALTY RELIEF FOR EARNED INCOME CREDIT. (a) In General.--Section 32(b) (relating to percentages and amounts) is amended-- (1) by striking ``Percentages.--The credit'' in paragraph (1) and inserting ``Percentages.-- ``(A) In general.--Subject to subparagraph (B), the credit'', (2) by adding at the end of paragraph (1) the following new subparagraph: ``(B) Joint returns.--In the case of a joint return, the phaseout percentage determined under subparagraph (A)-- ``(i) in the case of an eligible individual with 1 qualifying child shall be decreased by 1.87 percentage points, and ``(ii) in the case of an eligible individual with 2 or more qualifying children shall be decreased by 2.01 percentage points.'', (3) by striking ``amounts.--The earned'' in paragraph (2) and inserting ``amounts.-- ``(A) In general.--Subject to subparagraph (B), the earned'', and (4) by adding at the end the following new subparagraph: ``(B) Joint returns.--In the case of a joint return, the phaseout amount determined under subparagraph (A) shall be increased by $2,000.''. (b) Inflation Adjustment.--Paragraph (1)(B) of section 32(j) (relating to inflation adjustments) is amended to read as follows: ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined-- ``(i) in the case of amounts in subsections (b)(2)(A) and (i)(1), by substituting `calendar year 1995' for `calendar year 1992' in subparagraph (B) thereof, and ``(ii) in the case of the $2,000 amount in subsection (b)(2)(B), by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) of such section 1.''. (c) Rounding.--Section 32(j)(2)(A) (relating to rounding) is amended by striking ``subsection (b)(2)'' and inserting ``subsection (b)(2)(A) (after being increased under subparagraph (B) thereof)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Provides for a decreased phaseout percentage of the earned income credit (thereby increasing the benefits of such credit) for individuals with qualifying children.

Targeted Marriage Tax Penalty Relief Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Stamp Fairness and Benefit Restoration Act of 2007''. SEC. 2. ENDING BENEFIT EROSION. Section 5(e)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(1)) is amended-- (1) in subparagraph (A)(ii)-- (A) by striking ``Notwithstanding clause (i)'' and inserting the following: ``(I) In general.--Notwithstanding clause (i) and except as provided in subclause (II)''; and (B) by adding at the end the following: ``(II) Inflation adjustment.--On October 1, 2008, and each October 1 thereafter, each of the amounts specified in subclause (I) shall be adjusted to the nearest lower dollar increment to reflect changes for the 12-month period ending on the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, for items other than food.''; and (2) in subparagraph (B)(ii)-- (A) by striking ``Notwithstanding clause (i)'' and inserting the following: ``(I) In general.--Notwithstanding clause (i) and except as provided in subclause (II)''; and (B) by adding at the end the following: ``(II) Inflation adjustment.--On October 1, 2008, and each October 1 thereafter, the amount specified in subclause (I) shall be adjusted to the nearest lower dollar increment to reflect changes for the 12-month period ending on the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, for items other than food.''. SEC. 3. SUPPORTING WORKING FAMILIES WITH CHILD CARE EXPENSES. Section 5(e)(3)(A) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(3)(A)) is amended by striking ``, the maximum allowable level of which shall be $200 per month for each dependent child under 2 years of age and $175 per month for each other dependent,''. SEC. 4. ENCOURAGING RETIREMENT AND EDUCATION SAVINGS AMONG FOOD STAMP RECIPIENTS. (a) Allowable Financial Resources.--Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is amended-- (1) by striking ``(g)(1) The Secretary'' and inserting the following: ``(g) Allowable Financial Resources.-- ``(1) Total amount.-- ``(A) In general.--The Secretary''; (2) in subparagraph (A) (as designated by paragraph (1)-- (A) by inserting ``(as adjusted in accordance with subparagraph (B))'' after ``$2,000''; and (B) by inserting ``(as adjusted in accordance with subparagraph (B))'' after ``$3,000''; and (3) by adding at the end the following: ``(B) Adjustment for inflation.-- ``(i) In general.--Beginning on October 1, 2007, and each October 1 thereafter, the amounts in subparagraph (A) shall be adjusted to the nearest $100 increment to reflect changes for the 12-month period ending the preceding June in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. ``(ii) Requirement.--Each adjustment under clause (i) shall be based on the unrounded amount for the prior 12-month period.''. (b) Exclusion of Retirement Accounts From Countable Financial Resources.-- (1) In general.--Section 5(g)(2)(B)(v) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)(2)(B)(v)) is amended by striking ``or retirement account (including an individual account)'' and inserting ``account''. (2) Mandatory and discretionary exclusions.--Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is amended by adding at the end the following: ``(7) Exclusion of retirement accounts from countable financial resources.-- ``(A) Mandatory exclusions.--The Secretary shall exclude from financial resources under this subsection the value of any funds in a plan, contract, or account, described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b), and 501(c)(18) of the Internal Revenue Code of 1986 and the value of funds in a Federal Thrift Savings Plan account as provided in section 8439 of title 5, United States Code. ``(B) Discretionary exclusions.--The Secretary may exclude from financial resources under this subsection the value of any other retirement plans, contracts, or accounts (as determined by the Secretary through regulation).''. (c) Exclusion of Education Accounts From Countable Financial Resources.--Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) (as amended by subsection (b)) is amended by adding at the end the following: ``(8) Exclusion of education accounts from countable financial resources.-- ``(A) Mandatory exclusions.--The Secretary shall exclude from financial resources under this subsection the value of any funds in a qualified tuition program described in section 529 of the Internal Revenue Code of 1986 or in a Coverdell education savings account under section 530 of that Code. ``(B) Discretionary exclusions.--The Secretary may exclude from financial resources under this subsection the value of any other education programs, contracts, or accounts (as determined by the Secretary through regulation).''. SEC. 5. FAIRNESS FOR LEGAL IMMIGRANTS. (a) In General.--Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015) is amended by striking subsection (f) and inserting the following: ``(f) Aliens.-- ``(1) Eligibility.----Notwithstanding sections 401(a), 402(a), and 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a), 1612(a), 1613(a)), an alien who is lawfully residing in the United States may not be ineligible for the food stamp program on the basis of-- ``(A) the immigration status of the alien; or ``(B) the date the alien entered the United States. ``(2) Consideration of income.--The income (less, at State option, a pro rata share) and financial resources of the individual rendered ineligible to participate in the food stamp program under this subsection shall be considered in determining the eligibility and the value of the allotment of the household of which the individual is a member.''. (b) Clarifying Eligibility.--Section 421(d)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(d)(3)) is amended by striking ``to the extent that a qualified alien is eligible under section 1612(a)(2)(J) of this title'' and inserting ``to the extent that a child is a member of a household receiving food stamps under that Act''. (c) Ensuring Proper Screening.--Section 11(e)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(2)(B)) is amended-- (1) by redesignating clauses (vi) and (vii) as clauses (vii) and (viii), respectively; and (2) by inserting after clause (v) the following: ``(vi) shall provide a method for implementing section 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631) that does not require any unnecessary information from individuals who may be exempt from that section;''. (d) Simplified Administrative Reporting Requirement.--Section 11(a) of the Food Stamp Act of 1977 (7 U.S.C. 2020(a)) is amended by adding at the end the following: ``Notwithstanding subsection (e)(2) of section 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(e)(2)), the administrative reporting requirement under that subsection shall be satisfied by the submission of an aggregate report on the numbers of exceptions granted under that subsection each year.''. SEC. 6. FOOD STAMP ELIGIBILITY FOR UNEMPLOYED ADULTS. Section 6(o)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)(2)) is amended in the matter preceding subparagraph (A)-- (1) by striking ``36-month'' and replacing it with ``24- month''; and (2) by striking ``3'' and replacing it with ``6''. SEC. 7. AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD ASSISTANCE PROGRAM. Section 27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2036(a)) is amended-- (1) by striking ``(a) Purchase of Commodities'' and all that follows through ``through 2007'' and inserting the following: ``(a) Purchase of Commodities.-- ``(1) In general.--Subject to paragraph (2), for each of fiscal years 2008 through 2012;''; (2) by striking ``$140,000,000 of''; and (3) by inserting at the end the following: ``(2) Amounts.--The Secretary shall use to carry out this subsection for fiscal year 2008, $180,000,000.''.

Food Stamp Fairness and Benefit Restoration Act of 2007 - Amends the Food Stamp Act of 1977 with respect to: (1) inflation adjustments for standard deductions and for household resources; (2) retirement account and education account exclusions; (3) eligibility for unemployed adults; (4) dependent care deduction cap elimination; (5) legal immigrant eligibility; and (6) extension of commodity availability for the emergency food assistance program.

A bill to amend the Food Stamp Act of 1977 to end benefit erosion, support working families with child care expenses, encourage retirement and education savings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Networking and Information Technology Research and Development for Department of Energy Missions Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Department of Energy, especially in its Office of Science research programs, has played a key role in the development of high performance computing, networking and information technology. Important contributions by the Department include pioneering the concept of remote, interactive access to supercomputers; developing the first interactive operating system for supercomputers; establishing the first national supercomputer center; laying the mathematical foundations for high performance computing with numerical linear algebra libraries now used by thousands of researchers worldwide; leading the transition to massively parallel supercomputing by developing software for parallel virtual machines; and contributing to the development of the Internet with software that is now used in the TCP/IP system responsible for routing information packages to their correct destinations. (2) The Department of Energy's contributions to networking and information technology have played a key role in the Department's ability to accomplish its statutory mission in the past, in particular through the development of remote access to its facilities. Continued accomplishments in these areas will be needed to continue to carry out these missions in the future. (3) The Department of Energy, through its portfolio of unique facilities for scientific research including high energy and nuclear laboratories, neutron source and synchrotron facilities, and computing and communications facilities such as the National Energy Research Scientific Computing Center and Energy Sciences Network, has a unique and vital role in advancing the scientific research, networking and information technology infrastructure for the nation. (4) The challenge of remote creation of, access to, visualization of, and simulation with petabyte-scale (1,000,000 gigabyte) data sets generated by experiments at DOE scientific facilities is common to a number of different scientific disciplines. Effective treatment of these problems will likely require collaborative efforts between the university, national laboratory and industrial sectors and involve close interactions of the broader scientific community with computational, networking and information scientists. (5) The solution of contemporary challenges facing the Department of Energy in developing and using high-performance computing, networking, communications, and information technologies will be of immense value to the entire nation. Potential benefits include: effective earth, climate, and energy systems modeling; understanding aging and fatigue effects in materials crucial to energy systems; promoting energy-efficient chemical production through rational catalyst design; predicting the structure and functions of the proteins coded by DNA and their response to chemical and radiation damage; designing more efficient combustion systems; and understanding turbulent flow in plasmas in energy and advanced materials applications. SEC. 3. DEPARTMENT OF ENERGY PROGRAMS. (a) High-Performance Computing Act Program.--Section 203(a) of the High-Performance Computing Act of 1991 (15 U.S.C. 5523(a)) is amended-- (1) in paragraph (3), by striking ``and''; (2) in paragraph (4), by striking the period and inserting ``; and''; and (3) by adding after paragraph (4) the following: ``(5) conduct an integrated program of research, development, and provision of facilities to develop and deploy to scientific and technical users the high-performance computing and collaboration tools needed to fulfill the statutory missions of the Department of Energy.''. (b) Computation, Networking and Information Technology Collaborative Program.--Within the funds authorized under this Act, the Secretary shall provide up to $25,000,000 in each fiscal year for a program of collaborative projects involving remote access to high- performance computing assets or remote experimentation over network facilities. The program shall give priority to cross-disciplinary projects that involve more than one office within the Office of Science of the Department of Energy or that couple the Office of Science with Departmental energy technology offices. (c) Program Line Authority.--To the extent consistent with their national security mission, laboratories administered by the National Nuclear Security Administration may compete for funding authorized in this Act to the same extent and on the same terms as other Department of Energy offices and laboratories. Such funding at laboratories administered by the National Nuclear Security Administration shall be under the direct programmatic control of the sponsoring program for the funding in the Department of Energy. (d) Merit Review.--All grants, contracts, cooperative agreements, or other financial assistance awarded under programs authorized in this Act shall be made only after being subject to independent merit review by the Department of Energy. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Energy for the purposes of carrying out section 203 of the High-Performance Computing Act of 1991 (15 U.S.C. 5523) and this Act $190,000,000 for fiscal year 2001; $250,000,000 for fiscal year 2002; $285,000,000 for fiscal year 2003; $300,000,000 for fiscal year 2004; and $300,000,000 for fiscal year 2005.

Authorizes laboratories administered by the National Nuclear Security Administration to compete for funding authorized in this Act. Authorizes appropriations for FY2001through 2005.

Networking and Information Technology Research and Development for Department of Energy Missions Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Safety Net Amendments Technical Corrections Act of 2003''. SEC. 2. TECHNICAL AMENDMENTS. (a) Health Centers.-- (1) In general.--Section 330 of the Public Health Service Act (42 U.S.C. 254b) is amended to read as if-- (A) subparagraph (C) of the second paragraph (4) of section 101 of Public Law 107-251 had not been enacted; (B) paragraph (7)(C) of such section 101 had not been enacted; and (C) paragraphs (8) through (11) of such section 101 had not been enacted. (2) Amendments per public law 107-251.--Section 330 of the Public Health Service Act (42 U.S.C. 254b), as amended by paragraph (1), is amended-- (A) in subsection (c)(1)(B), in the matter preceding clause (i), by striking ``plan..'' and inserting ``plan.''; (B) in subsection (d)(1)(B)(iii), in subclause (I), by adding ``or'' at the end; (C) by striking subsection (k); (D) by redesignating subsection (j) as subsection (k); (E) by inserting after subsection (i) a subsection that is identical to the subsection (j) that appears (as an amendment) in section 101(8)(C) of Public Law 107-251; (F) by redesignating subsection (l) as subsection (r), by transferring it from its current placement, and by inserting it after subsection (q); (G) by inserting before subsection (m) a subsection that is identical to the subsection that appears (as an amendment) in section 101(9) of Public Law 107-251, and by redesignating as subsection (l) the subsection that is so inserted; (H) in subsection (l) (as inserted and redesignated by subparagraph (G) of this paragraph), in the first sentence-- (i) by inserting after ``shall provide'' the following: ``(either through the Department of Health and Human Services or by grant or contract)''; and (ii) by striking ``(l)(3)'' and inserting ``(k)(3)''; (I) in subsection (p), by striking ``(j)(3)(G)'' and inserting ``(k)(3)(G)''; and (J) in subsection (r) (as redesignated, transferred, and inserted by subparagraph (F) of this paragraph)-- (i) in paragraph (1), by striking ``$802,124,000'' and all that follows through the period and inserting ``$1,340,000,000 for fiscal year 2002 and such sums as may be necessary for each of the fiscal years 2003 through 2006.''; (ii) in paragraph (2)(A)-- (I) by striking ``(j)(3))'' and inserting ``(k)(3))''; and (II) by striking ``(j)(3)(G)(ii)'' and inserting ``(k)(3)(H)''; and (iii) in paragraph (2), by striking subparagraph (B) and inserting a subparagraph that is identical to the subparagraph (B) that appears (as an amendment) in section 101(11)(B)(ii) of Public Law 107-251. (b) Rural Health Outreach.--Section 330A(b)(4) of the Public Health Service Act (42 U.S.C. 254c(b)(4)) is amended by striking ``799B'' and inserting ``799B(6)''. (c) Telehealth.--Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) in subsection (a)(4), by striking ``799B'' and inserting ``799B(6)''; and (2) in subsection (c)(1), by striking ``Health and Resources and Services Administration'' and inserting ``Health Resources and Services Administration''. (d) Mental Health Services via Telehealth.--Section 330K of the Public Health Service Act (42 U.S.C. 254c-16) is amended-- (1) in subsection (b)(2), by striking ``subsection (a)(4)'' and inserting ``subsection (a)(3)''; and (2) in subsection (c)(1)-- (A) in subparagraph (A), by striking ``subsection (a)(4)(A)'' and inserting ``subsection (a)(3)(A)''; and (B) in subparagraph (B), by striking ``subsection (a)(4)(B)'' and inserting ``subsection (a)(3)(B)''. (e) Telemedicine Incentive Grants.-- (1) In general.--Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``SEC. 330L. TELEMEDICINE; INCENTIVE GRANTS REGARDING COORDINATION AMONG STATES. ``(a) In General.--The Secretary may make grants to State professional licensing boards to carry out programs under which such licensing boards of various States cooperate to develop and implement State policies that will reduce statutory and regulatory barriers to telemedicine. ``(b) Authorization of Appropriations.--For the purpose of carrying out subsection (a), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2006.''. (2) Repeal.--Section 102 of the Health Care Safety Net Amendments of 2002 (Public Law 107-251) is repealed. (f) Health Professional Shortage Areas.-- (1) In general.--Section 332 of the Public Health Service Act (42 U.S.C. 254e) is amended-- (A) in subsection (a)(1)-- (i) by striking ``such date of enactment'' and inserting ``such date of designation''; and (ii) by striking ``, issued after the date of enactment of this Act, that revise'' and inserting ``regarding''; and (B) in subsection (a)(3), by striking ``330(h)(4)'' and inserting ``330(h)(5)''; (C) in subsection (b)(2), by striking ``designation,.'' and inserting ``designation.''; and (D) by adding at the end the following: ``(j)(1) The Secretary shall submit the report described in paragraph (2) if the Secretary, acting through the Administrator of the Health Resources and Services Administration, issues-- ``(A) a regulation that revises the definition of a health professional shortage area for purposes of this section; or ``(B) a regulation that revises the standards concerning priority of such an area under section 333A. ``(2) On issuing a regulation described in paragraph (1), the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that describes the regulation. ``(3) Each regulation described in paragraph (1) shall take effect 180 days after the committees described in paragraph (2) receive a report referred to in such paragraph describing the regulation.''. (2) Repeal.--Subsection (b) of section 302 of the Health Care Safety Net Amendments of 2002 (Public Law 107-251) is repealed. (g) Assignment of Corps Personnel.--Section 333(a)(1) of the Public Health Service Act (42 U.S.C. 254f) is amended by moving subparagraph (C) so that the margin of subparagraph (C) is aligned with the margins of subparagraphs (A), (B), and (D). (h) Priorities in Assignment of Corps Personnel.--Section 333A(c)(4) of the Public Health Service Act (42 U.S.C. 254f-1(c)(4)) is amended by striking ``30 days'' and inserting ``30 days from such notification''. (i) Charges for Services.--Section 334(b)(1)(B) of the Public Health Service Act (42 U.S.C. 254g(b)(1)(B)) is amended by inserting ``the payment of'' after ``applied to''. (j) National Health Service Corps Scholarship Program.--Section 338A(d)(1) (42 U.S.C. 254l(d)(1)) is amended by moving subparagraph (B) so that the margin of subparagraph (B) is aligned with the margin of subparagraphs (A) and (C). (k) National Health Service Corps Loan Repayment Program.--Section 338B(e) of the Public Health Service Act (42 U.S.C. 254l-1) is amended by striking ``Participation.--'' and all that follows through ``An individual'' and inserting ``Participation.--An individual''. (l) Breach of Contract.-- (1) In general.--Section 338E of the Public Health Service Act (42 U.S.C. 254o) is amended-- (A) in subsection (c)(1), by moving subparagraphs (A), (B), and (C), and the flush matter following subparagraph (C), 2 ems to the left; and (B) by adding at the end the following: ``(f) The amendment made by section 313(a)(4) of the Health Care Safety Net Amendments of 2002 (Public Law 107-251) shall apply to any obligation for which a discharge in bankruptcy has not been granted before the date that is 31 days after the date of enactment of such Act.''. (2) Repeal.--Subsection (b) of section 313 of the Health Care Safety Net Amendments of 2002 (Public Law 107-251) is repealed. (m) Miscellaneous.--The Public Health Service Act (42 U.S.C. 201 et seq.) is amended-- (1) in subsections (g)(1)(G)(ii), (k)(2), and (n)(1)(C) of section 224, and sections 317A(a)(2), 317E(c), and 318A(e), by striking ``330, 330(h)'' and inserting ``330''; (2) in section 1313, by striking ``329, 330, and 330(h)'' and inserting ``329 and 330''; and (3) in section 2652(a)(2), by striking ``section 340'' and inserting ``section 330(h)''. (n) Health Care Safety Net Amendments of 2002.--The Health Care Safety Net Amendments of 2002 (Public Law 107-251) is amended-- (1) in section 404(c)(5), by striking ``Health Care Financing Administration and the Health Research'' and inserting ``Centers for Medicare & Medicaid Services and the Health Resources''; and (2) in section 501, by striking ``solvency for managed care networks'' and inserting ``guarantees of solvency for managed care networks or plans''. SEC. 3. EFFECTIVE DATE. This Act is deemed to have taken effect immediately after the enactment of Public Law 107-251.

Health Care Safety Net Amendments Technical Corrections Act of 2003 - Amends the Public Health Service Act and the Health Care Safety Net Amendments of 2002 to make technical and conforming amendments respecting: (1) health centers; (2) rural health outreach; (3) telehealth; (4) mental health services via telehealth; (5) health professional shortage areas; and (6) National Health Service Corps personnel, scholarships, and loan repayment. Authorizes grants to State professional licensing boards for State cooperation to reduce statutory and regulatory barriers to telemedicine.

A bill to make certain technical and conforming amendments to correct the Health Care Safety Net Amendments of 2002.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Physical Education Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) State educational agency.--The term ``State educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 3. FINDINGS. Congress makes the following findings: (1) Obesity-related diseases cost the United States economy more than $100,000,000,000 every year. (2) Almost half of young people aged 12 through 21, and more than a third of high school students, do not participate in vigorous physical activity on a regular basis. SEC. 4. PHYSICAL EDUCATION. Section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended-- (1) in paragraph (1)(C)-- (A) by striking ``arts, and'' and inserting ``arts,''; and (B) by striking ``science,'' and inserting ``science, and (beginning in the 2007-2008 school year) physical education,''; and (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) by striking ``and science'' and inserting ``science, and physical education''; and (ii) by inserting before the period ``and no State shall be required to meet the requirements of this part relating to physical education assessments until the beginning of the 2009-2010 school year''; and (B) in subparagraph (C)(v)-- (i) in subclause (II)(cc), by inserting ``and'' after the semicolon; and (ii) by adding at the end the following: ``(III) beginning not later than school year 2009-2010, measure the proficiency of all students in physical education and be administered not less than 1 time during-- ``(aa) grades 3 through 5; ``(bb) grades 6 through 9; and ``(cc) grades 10 through 12;''. SEC. 5. BEST PRACTICES RESOURCE. (a) Evaluation.--The Secretary of Education, in consultation with the Secretary of Health and Human Services, shall identify State and local physical education model programs and evaluate their effectiveness. (b) Assessment.--The Secretary of Education shall also identify safeguards and risks associated with physical education programs to ensure the safety and health of all students and, in developing evaluation criteria, shall take into account certain physical health limitations and consider measurements such as increased participation, general exercise levels, attitudes about activity and nutrition, and overall overweight prevalence. (c) Online Best Practices Resource.--The Secretary of Education shall create a website to publish information on State and local physical education programs referred to in subsection (a). SEC. 6. GRANT PROGRAM. (a) Authorization.-- (1) In general.--The Secretary may award grants on a competitive basis to State education agencies to establish and revise State standards for physical education, develop assessment tools, establish a model curriculum, and support the development of model programs. (b) Application.-- (1) In general.--A State that desires to receive a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall include-- (A) a description of the State's physical education curriculum; (B) a description of how the State will use funds made available pursuant to a grant awarded under this Act to develop content and performance standards and improve the quality of its physical education program; and (C) a description of how the State will use funds to develop and implement physical education academic assessments and improve the performance and health of its students. (c) Approval.-- (1) In general.--The Secretary shall approve an application submitted pursuant to subsection (a) if the application meets the requirements of this section and holds reasonable promise of achieving the purpose of this Act. (2) Priority.--In awarding grants under this section, the Secretary shall give priority to a high-need State educational agency. (3) Equitable distribution.--To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this section among the regions of the United States. (4) Duration of grants.--A grant under this section may cover a period of 5 years. At the end of the 5-year period, the grant recipient may apply for an additional grant under this section. (d) Uses of Funds.-- (1) Permissible uses.--A State that receives a grant under this section shall use the grant funds to-- (A) develop, revise, or improve physical education curriculum to meet minimum content and performance standards established by the Secretary; (B) purchase content materials and equipment to implement physical education curriculum; (C) assist in the implementation of physical education model programs; and (D) provide for staff and teacher training and education. (e) Matching Funds.--Each State that receives a grant under this section shall demonstrate a financial commitment by contributing, either directly or through private contributions, non-Federal matching funds equal to 20 percent of the amount of the grant. (f) Technical Assistance.--The Secretary shall provide technical assistance to State education agencies in the grant application process. (g) Assessment and Evaluation.--The Secretary shall report to Congress on the effectiveness of this program. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $30,000,000 for fiscal year 2009, $70,000,000 for fiscal year 2010, and $100,000,000 for each of fiscal years 2011 through 2013. Such funds shall remain available until expended.

Strengthening Physical Education Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to include physical education among the subjects for which states are required to have academic content and achievement standards for all public school students, beginning in school year 2007-2008. Requires physical education assessment to begin by school year 2009-2010, including measurement of students' proficiency at least one time during: (1) grades 3 through 6; (2) grades 6 through 9; and (3) grades 10 through 12. Directs the Secretary of Education to identify model state and local physical education programs, evaluate their safety and effectiveness, and publish information on such programs. Authorizes the Secretary to award competitive grants to states to: (1) establish or revise physical education standards; (2) develop assessment tools; (3) establish or revise physical education curricula to meet minimum content and performance standards established by the Secretary; and (4) support the development of model programs. Gives grant priority to high-need states. Requires non-federal matching contributions equal to 20% of the grant.

To amend section 1111 of the Elementary and Secondary Education Act of 1965 regarding challenging academic content standards for physical education, and for other purposes.

SECTION 1. SHORT TITLE. This act may be cited as the ``National Defense Rail Connection Act of 2002''. SEC. 2. FINDINGS. (a) A comprehensive rail transportation network is a key element of an integrated transportation system for the North American continent, and Federal leadership is required to address the needs of a reliable, safe, and secure rail network, and to connect all areas of the United States for national defense and economic development, as previously done for the interstate highway system, the Federal aviation network, and the transcontinental railroad. (b) The creation and use of joint use corridors for rail transportation, fiber optics, pipelines, and utilities are an efficient and appropriate approach to optimizing the Nation's interconnectivity and national security. (c) Government assistance and encouragement in the development of the transcontinental rail system successfully led to the growth of economically strong and socially stable communities throughout the western United States. (d) Government assistance and encouragement in the development of the Alaska Railroad between Seward, Alaska and Fairbanks, Alaska successfully led to the growth of economically strong and socially stable communities along the route, which today provide homes for over 70 percent of Alaska's total population. (e) While Alaska and the remainder of the continental United States has been connected by highway and air transportation, no rail connection exists despite the fact that Alaska is accessible by land routes and is a logical destination for the North American rail system. (f) Rail transportation in otherwise isolated areas is an appropriate means of providing controlled access, reducing overall impacts to environmentally sensitive areas over other methods of land- based access. (g) Because Congress originally authorized 1,000 miles of rail line to be built in Alaska, and because the system today covers only approximately half that distance, substantially limiting its beneficial effect on the economy of Alaska and the Nation, it is appropriate to support the expansion of the Alaska system to ensure the originally planned benefits are achieved. (h) Alaska has an abundance of natural resources, both material and aesthetic, access to which would significantly increase Alaska's contribution to the national economy. (i) Alaska contains many key national defense installations, including sites chosen for the construction of the first phase of the National Missile Defense system, the cost of which could be significantly reduced if rail transportation were available for the movement of materials necessary for construction and for the secure movement of launch vehicles, fuel and other operational supplies. (j) The 106th Congress recognized the potential benefits of establishing a rail connection to Alaska by enacting legislation to authorize a U.S.-Canada bilateral commission to study the feasibility of linking the rail system in Alaska to the nearest appropriate point in Canada of the North American rail network. (k) In support of pending bilateral activities between the United States and Canada, it is appropriate for the United States to undertake activities relating to elements within the United States. SEC. 3. IDENTIFICATION OF NATIONAL DEFENSE RAILROAD-UTILITY CORRIDOR. (a) Within one year from the date of enactment of this Act, the Secretary of the Interior, in consultation with the Secretary of Transportation, the State of Alaska and the Alaska Railroad Corporation, shall identify a proposed national defense railroad- utility corridor linking the existing corridor of the Alaska Railroad to the vicinity of the proposed National Missile Defense facilities at Fort Greely, Alaska. The corridor shall be at least 500 feet wide and shall also identify land for such terminals, stations, maintenance facilities, switching yards, and material sites as are considered necessary. (b) The identification of the corridor under paragraph (a) shall include information providing a complete legal description for and noting the current ownership of the proposed corridor and associated land. (c) In identifying the corridor under paragraph (a), the Secretary shall consider, at a minimum, the following factors: (1) The proximity of national defense installations and national defense considerations. (2) The location of and access to natural resources that could contribute to economic development of the region. (3) Grade and alignment standards that are commensurate with rail and utility construction standards and that minimize the prospect of at-grade railroad and highway crossings. (4) Availability of construction materials. (5) Safety. (6) Effects on and service to adjacent communities and potential intermodal transportation connections. (7) Environmental concerns. (8) Use of public land to the maximum degree possible. (9) Minimization of probable construction costs. (10) An estimate of probable construction costs and methods of financing such costs through a combination of private, State, and Federal sources. (11) Appropriate utility elements for the corridor, including but not limited to petroleum product pipelines, fiber-optic telecommunication facilities, and electrical power transmission lines. (12) Prior and established traditional uses. (d) The Secretary may, as part of the corridor identification, include issues related to the further extension of such corridor to a connection with the nearest appropriate terminus of the North American rail network in Canada. SEC. 4. NEGOTIATION AND LAND TRANSFER. (a) The Secretary of the Interior shall-- (1) upon completion of the corridor identification in section 3, negotiate the acquisition of any lands in the corridor which are not federally owned through an exchange for lands of equal or greater value held by the Federal Government elsewhere in Alaska; and (2) upon completion of the acquisition of lands under paragraph (1), the Secretary shall convey to the Alaska Railroad Corporation, subject to valid existing rights, title to the lands identified under section 3 as necessary to complete the national defense railroad-utility corridor, on condition that the Alaska Railroad Corporation construct in the corridor an extension of the railroad system to the vicinity of the proposed national missile defense installation at Fort Greely, Alaska, together with such other utilities, including but not limited to fiber-optic transmission lines and electrical transmission lines, as it considers necessary and appropriate. The Federal interest in lands conveyed to the Alaska Railroad Corporation under this Act shall be the same as in lands conveyed pursuant to the Alaska Railroad Transfer Act (45 U.S.C. 1201 et seq.). SEC. 5. APPLICABILITY OF OTHER LAWS. Actions authorized in this Act shall proceed immediately and to conclusion not withstanding the land-use planning provisions of section 202 of the Federal Land Policy and Management Act of 1976, Public Law 94-579. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

National Defense Rail Connection Act of 2002 - Directs the Secretary of the Interior, for purposes of national defense and economic development, to identify a proposed national defense railroad-utility corridor linking the existing corridor of the Alaska Railroad to the vicinity of the proposed National Missile Defense facilities at Fort Greely, Alaska.Authorizes the Secretary, as part of the corridor identification, to include issues related to the further extension of such corridor to a connection with the nearest appropriate terminus of the North American rail network in Canada.

A bill to facilitate the extension of the Alaska Railroad for national defense purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Medicine Safety and Access Act''. TITLE I--INTERNET AND MAIL-ORDER PHARMACIES SEC. 101. VOLUNTARY CERTIFICATIONS REGARDING INTERNET AND MAIL-ORDER PHARMACIES. (a) In General.--Chapter 5 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A the following section: ``SEC. 503B. VOLUNTARY CERTIFICATIONS REGARDING INTERNET AND MAIL-ORDER PHARMACIES. ``(a) In General.--The Secretary, directly or through contract with one or more public or nonprofit private entities, shall establish a program under which Internet and mail-order pharmacies, on a voluntary basis, are certified by the Secretary as meeting the requirements of this section for certification. ``(b) Seal.--The Secretary shall provide for a seal that Internet and mail-order pharmacies certified under subsection (a) are authorized to display for purposes of indicating to the public the fact of such certification. ``(c) Conditions for Certification.--As a condition of certifying an Internet or mail-order pharmacy under subsection (a), the Secretary shall require the following with respect to such pharmacy: ``(1) Verification that, in each State in which the pharmacy engages in pharmaceutical activities, the pharmacy, and all the employees and agents of the pharmacy, are in compliance with applicable laws regarding-- ``(A) the practice of pharmacy, including licensing laws; and ``(B) the manufacturing and distribution of controlled substances, including with respect to mailing or shipping such substances to consumers. ``(2) Controls to ensure that a prescription drug is dispensed by the pharmacy only pursuant to a valid prescription, including circumstance in which the drug is shipped or mailed from a country under whose laws the drug is not a prescription drug. ``(3) The prominent display of contact information for the pharmacy, including a telephone number, an electronic mail address, a mailing address, and (if different from the mailing address) the address for the physical location of the principal place of business of the pharmacy. ``(4) The prominent display of complete and accurate information concerning the ownership and management of the pharmacy, including addresses and contact information. ``(5) A certification from the person who owns or manages the pharmacy that a certification under subsection (a) for the pharmacy has not previously been terminated by the Secretary, and that no other Internet or mail-order pharmacy owned or managed by such person has received a certification under subsection (a) that has been terminated by the Secretary. ``(6) An agreement by the pharmacy that, upon certification under subsection (a), the facilities and business practices of the pharmacy will be subject to inspection by the Secretary to the extent appropriate to determine whether the pharmacy is in compliance with conditions under this subsection. ``(7) Meaningful and accessible opportunities for a consumer to consult with a licensed pharmacist regarding a drug prior to the time at which the pharmacy dispenses the drug to the consumer. ``(8) Controls to ensure that, prior to dispensing a drug to a consumer, a prospective review of the use of the drug by the consumer is completed, based on accurate information about the consumer and the medication profiles of the consumer and other pertinent medical information. ``(9) Effective, accessible systems for communication with consumers, including systems for consumer reporting of adverse drug reactions and errors, systems by which consumers can effectively track and report problems with unfulfilled orders, systems for the investigation and redress of consumer complaints, and systems facilitating effective communication between the pharmacy and consumers concerning drug recalls. ``(10) Controls to ensure the protection of patient privacy and confidentiality, including but not limited to the prevention of unauthorized internal and external use of personally-identifiable patient information. ``(11) An agreement by the pharmacy that the pharmacy will notify the Secretary within 10 days concerning any change in information submitted under this subsection as a condition of certification under subsection (a). ``(12) Such additional criteria as the Secretary determines, after notice and opportunity for comment, to be appropriate for the sound operation of certified pharmacies or the protection of consumers. ``(d) Annual Application; Duration of Certification.-- ``(1) In general.--The Secretary may certify an Internet or mail-order pharmacy under subsection (a) only if the pharmacy submits to the Secretary an application for such certification that demonstrates compliance with the conditions under subsection (c) and is in such form, and is made in such manner, as the Secretary may require. The Secretary shall establish an application form for purposes of the preceding sentence, including an electronic application form. ``(2) Duration of certification; renewal.-- ``(A) In general.--A certification under subsection (a) is effective for the one-year period beginning on the date on which the application under paragraph (1) for such certification is approved by the Secretary. The Secretary may renew the certification, pursuant to the submission of an additional application under paragraph (1), and the number of renewals of the certification is not limited. The Secretary may establish an abbreviated process for such renewal applications. ``(B) Renewal evaluation.--Before renewing a certification under subsection (a), the Secretary shall conduct an evaluation to determine whether the pharmacy involved is in compliance with the conditions under subsection (c). The evaluation, at the Secretary's discretion and as applicable, may include testing of the Internet site of the pharmacy or other systems through which the pharmacy communicates with consumers, and may include physical inspection of the records and premises of the pharmacy pursuant to subsection (c)(6). ``(e) Fees.--The Secretary may impose a fee on the submission of an application under subsection (d). Any such fee is due upon the submission of the application. To the extent provided in appropriations Acts, such fees are available to the Secretary for carrying out this section. ``(f) Information Campaign.--The Secretary shall carry out activities to inform the public of the program under subsection (a), including information on the significance of the seal under subsection (b) when displayed by an Internet or mail-order pharmacy, and including information on the benefits of doing business with a pharmacy certified under subsection (a) as compared to a pharmacy that is not so certified. ``(g) Termination of Certification.--The Secretary, upon the own initiative of the Secretary or a petition by an interested person, may terminate a certification under subsection (a), after notice to the Internet or mail-order pharmacy involved and an opportunity for a hearing. ``(h) Contract for Operation of Program.-- ``(1) Determination regarding use of contract authority.-- The Secretary may award a contract under subsection (a) for the operation of the program under such subsection only if the Secretary determines that the administration by the contractor of such program would be as protective or more protective of the public than direct administration of the program by the Secretary. ``(2) Certain requirements.--With respect to a contract under subsection (a): ``(A) The duration of the contract may not exceed two years. ``(B) The Secretary may renew the contract, subject to compliance with subparagraph (A). ``(C) The Secretary shall annually review performance under the contract. ``(D) The contract shall specify that the Secretary may terminate the contract for unsatisfactory performance under the contract. ``(i) Definitions.--For purposes of this section: ``(1) The term `Internet pharmacy' means a pharmacy that, by shipping, mailing, or transporting a prescription drug, dispenses such drug pursuant to a sale of the drug by the pharmacy in circumstances in which the purchaser of the drug submitted the purchase order for the drug, or conducted any other part of the sales transaction for the drug, through an Internet site. ``(2) The term `mail-order pharmacy' means a pharmacy that, by shipping, mailing, or transporting a prescription drug, dispenses such drug pursuant to a sale of the drug by the pharmacy in circumstances in which the purchaser of the drug submitted the purchase order for the drug, or conducted any other part of the sales transaction for the drug, through the mail or through any telecommunications means other than an Internet site. ``(3)(A) Subject to subparagraph (B), the term `pharmacy' means an organization licensed by a State to practice pharmacy, including the dispensing and selling of prescription drugs. ``(B) The Secretary shall consider an organization as meeting the definition established in subparagraph (A) if the Secretary determines that the organization would qualify for licensure in at least one of the States but for a policy of such State that denies licensure as a pharmacy on the basis that the organization dispenses prescription drugs from locations in Canada or dispenses prescription drugs obtained by such organization from an entity in Canada. ``(4) The term `prescription drug' means a drug subject to section 503(b).''. (b) Unauthorized Display of Seal; False Claims.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(hh) The display by an Internet or mail-order pharmacy of the seal under section 503B without a certification in effect under such section for the pharmacy, or the making by such a pharmacy of a false claim that such a certification is in effect for the pharmacy.''. TITLE II--PERSONAL IMPORTATION OF PRESCRIPTION DRUGS FROM CANADA Subtitle A--Waiver Requirement SEC. 201. WAIVER REQUIREMENT FOR PERSONAL IMPORTATION OF PRESCRIPTION DRUGS FROM CANADA. Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end the following section: ``waiver requirement for personal importation of prescription drugs from canada ``Sec. 805. With respect to the importation by individuals of prescription drugs from Canada, the Secretary shall in accordance with this section establish by regulation a waiver of prohibitions under this Act that apply to the importation of drugs. Such a waiver shall permit an individual to import into the United States any prescription drug that-- ``(1) is imported from Canada for personal use by the individual (not for resale); ``(2) is approved by the Secretary under section 505, is manufactured in an establishment registered with the Secretary under section 510, and is not a controlled substance in schedule I, II, or III under section 202(c) of the Controlled Substances Act; ``(3) is imported from a Canadian pharmacy that has submitted to the Secretary a registration that identifies the pharmacy and provides documentation that the pharmacy is licensed in Canada; ``(4) is imported in a quantity that does not (for that instance of importation) exceed a 90-day supply; ``(5) at the time of importation, is accompanied by a copy of a valid prescription for the drug for the individual, issued in the United States by a practitioner in accordance with section 503(b), or is accompanied by documentation that verifies the issuance of such a prescription for the individual; ``(6) is in the form of a final finished dosage; and ``(7) is imported under such other conditions as the Secretary determines to be necessary to ensure public safety.''. Subtitle B--Studies SEC. 211. STUDY REGARDING IN-PERSON PERSONAL IMPORTATION FROM CANADA. (a) In General.--The Secretary of Health and Human Services (referred to in this subtitle as the ``Secretary''), acting through the Commissioner of Food and Drugs, shall conduct a study for the purpose of developing recommendations regarding any legislative or administrative changes that may be necessary to provide reasonable assurance concerning the safety and effectiveness of prescription drugs that are purchased in-person at a licensed pharmacy in Canada and imported from Canada into the United States for personal use by individuals who are not in the business of importing such drugs (referred to in this section with respect to such drugs as ``in-person personal importation''). Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the Congress a report describing the findings of such study. (b) Certain Requirements.--The activities of the Secretary in carrying out the study under subsection (a) shall include the following: (1) With respect to prescription drugs that are commonly purchased from Canadian pharmacies for in-person personal importation, the purchase of a representative sample of such drugs at randomly-selected Canadian pharmacies that are representative of Canadian pharmacies from which prescription drugs are purchased for personal importation. (2) Determining, for purposes of laws and regulations administered by the Food and Drug Administration, the safety and effectiveness of the prescription drugs that are purchased under paragraph (1). (3) Making a comparison of laws and regulations referred to in paragraph (2) with the Canadian system for the regulation of the safety and effectiveness of prescription drugs. (c) Advisory Board.--The Secretary shall establish an advisory board for the purpose of providing advice to the Secretary regarding the design of the study under subsection (a) and regarding the development of recommendations in the study. The membership of the advisory board shall include representatives of the Directorate of Border and Transportation Security (Department of Homeland Security); the comparable agency or agencies of the Canadian government; health officials of State and local governments; pharmacists in the United States; and physicians and patients in the United States. SEC. 212. STUDY REGARDING INTERNET AND MAIL-ORDER PHARMACIES CLAIMING CANADIAN SOURCES FOR PRESCRIPTION DRUGS. With respect to prescription drugs that are commonly prescribed in the United States, the Secretary, acting through the Commissioner of Food and Drugs, shall conduct a study through which the Secretary-- (1) makes purchases of such drugs from Internet pharmacies and mail-order pharmacies that make sales to consumers in the United States and claim such drugs are obtained from Canadian pharmacies or wholesalers, which purchases are a representative sample of such drugs purchased from such pharmacies; and (2) determines whether the drugs purchased under paragraph (1) are approved for commercial distribution in Canada and are obtained from Canadian pharmacies or wholesalers. The Secretary shall seek the cooperation of the Government of Canada in making the determination under paragraph (2). Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the Congress a report describing the findings of such study.

Affordable Medicine Safety and Access Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, directly or through contract with one or more public or nonprofit private entities, to establish a voluntary program to certify Internet and mail-order pharmacies. Sets conditions for certification which shall protect consumers, including controls to protect patient privacy and confidentiality. States that certification shall be effective for one year but may be renewed. Allows the Secretary to terminate a certification. Prohibits an Internet or mail-order pharmacy: (1) displaying a seal of certification without in fact being certified; or (2) making a false claim of certification. Adds provisions concerning the importation by individuals of prescription drugs from Canada under specified circumstances. Directs the Secretary to establish by regulation, for such circumstances, a waiver of prohibitions under the Act that apply to such drugs. Directs the Secretary to conduct studies regarding: (1) Internet and mail-order pharmacies claiming Canadian sources for prescription drugs; and (2) in-person personal importation from Canada.

To amend the Federal Food, Drug, and Cosmetic Act to establish a program to provide for the voluntary certification of Internet and mail-order pharmacies, to amend such Act to authorize, subject to certain conditions, the importation by individuals of prescription drugs from Canada for personal use, and for other purposes.

to repeal sections 2, 3, and 6 of the Neutrality Act of 1939, and for other purposes (Public Law 77-294; 55 Stat. 764) repealed section 6 of the Neutrality Act of 1939 (related to the arming of United States vessels) and authorized the President during the national emergency to arm or permit to arm any United States vessel. (4) On February 7, 1942, President Franklin D. Roosevelt, through Executive Order Number 9054, established the War Shipping Administration that was charged with building or purchasing, and operating the civilian shipping vessels needed for the war effort. (5) During World War II, United States merchant mariners transported goods and materials through ``contested waters'' to the various combat theaters. (6) At the conclusion of World War II, United States merchant mariners were responsible for transporting several million members of the United States Armed Forces back to the United States. (7) The GI Bill Improvement Act of 1977 (Public Law 95-202) provided that the Secretary of Defense could determine that service for the Armed Forces by organized groups of civilians, or contractors, be considered ``active service'' for benefits administered by the Veterans Administration. (8) Department of Defense Directive 1000.20 directed that the determination be made by the Secretary of the Air Force, and established the Civilian/Military Service Review Board and Advisory Panel. (9) In 1987, three merchant mariners along with the AFL-CIO sued Edward C. Aldridge, Secretary of the Air Force, challenging the denial of their application for veterans status. In Schumacher v. Aldridge (665 F. Supp. 41 (D.D.C. 1987)), the Court determined that Secretary Aldridge had failed to ``articulate clear and intelligible criteria for the administration'' of the application approval process. (10) During World War II, women were repeatedly denied issuance of official documentation affirming their merchant marine seamen status by the War Shipping Administration. (11) Coast Guard Information Sheet #77 (April 1992) identifies the following acceptable forms of documentation for eligibility meeting the requirements set forth in GI Bill Improvement Act of 1977 (Public Law 95-202) and Veterans Programs Enhancement Act of 1998 (Public Law 105-368): (A) Certificate of shipping and discharge forms. (B) Continuous discharge books (ship's deck or engine logbooks). (C) Company letters showing vessel names and dates of voyages. (12) Coast Guard Commandant Order of 20 March, 1944, relieved masters of tugs, towboats, and seagoing barges of the responsibility of submitting reports of seamen shipped or discharged on forms, meaning certificates of shipping and discharge forms are not available to all eligible individuals seeking to document their eligibility. (13) Coast Guard Information Sheet #77 (April, 1992) states that ``deck logs were traditionally considered to be the property of the owners of the ships. After World War II, however, the deck and engine logbooks of vessels operated by the War Shipping Administration were turned over to that agency by the ship owners, and were destroyed during the 1970s'', meaning that continuous discharge books are not available to all eligible individuals seeking to document their eligibility. (14) Coast Guard Information Sheet #77 (April, 1992) states ``some World War II period log books do not name ports visited during the voyage due to wartime security restrictions'', meaning that company letters showing vessel names and dates of voyages are not available to all eligible individuals seeking to document their eligibility. SEC. 3. METHODS FOR VALIDATING CERTAIN SERVICE CONSIDERED TO BE ACTIVE SERVICE BY THE SECRETARY OF VETERANS AFFAIRS. (a) In General.--For the purposes of verifying that an individual performed service under honorable conditions that satisfies the requirements of as a member of the merchant marine who is recognized pursuant to section 401 of GI Bill Improvement Act of 1977 (Public Law 95-202; 38 U.S.C. 106 note) as having performed active duty service for the purposes of all laws administered by the Secretary of Veterans Affairs, the Secretary of Defense shall consider the following: (1) In the case of an individual seeking such recognition for whom no applicable Coast Guard shipping or discharge form, ship logbook, or other official employment record is available, the Secretary may provide such recognition on the basis of applicable Social Security Administration records submitted by the individual, together with validated testimony given by the individual or the primary next of kin of the individual that the individual performed such service during the period beginning on December 7, 1941, and ending on December 31, 1946. (2) In the case of an individual seeking such recognition for whom the applicable Coast Guard shipping or discharge form, ship logbook, or other official employment record has been destroyed or otherwise become unavailable by reason of any action committed by a person responsible for the control and maintenance of such form, logbook, or record, the Secretary shall accept other official documentation demonstrating that the individual performed such service during period beginning on December 7, 1941, and ending on December 31, 1946. (3) For the purpose of determining whether to recognize service allegedly performed during the period beginning on December 7, 1941, and ending on December 31, 1946, the Secretary shall recognize masters of seagoing vessels or other officers in command of similarly organized groups as agents of the United States who were authorized to document any individual for purposes of hiring the individual to perform service in the merchant marine or discharging an individual from such service. (b) Treatment of Other Documentation.--Other documentation accepted by the Secretary pursuant to subsection (a)(2) shall satisfy all requirements for eligibility of service during the period beginning on December 7, 1941, and ending on December 31, 1946. (c) Definition of Primary Next of Kin.--In this section, the term ``primary next of kin'' with respect to an individual seeking recognition for service under this section means the closest living relative of the individual who was alive during the period of such service. (d) Effective Date.--This Act shall take effect 90 days after the date of the enactment of this Act.

World War II Merchant Mariner Service Act - Directs the Secretary of Defense (DOD) to consider certain methods for verifying that an individual performed honorable service as a member of the merchant marine during the period beginning on December 7, 1941, and ending on December 31, 1946, for purposes of eligibility for veterans' benefits under the GI Bill Improvement Act of 1977. Requires such methods to include Social Security Administration (SSA) records and validated testimony in the case of the absence of Coast Guard shipping or discharge forms, ship logbooks, or other official employment records. Requires the Secretary to recognize masters of seagoing vessels or other command officers who were authorized to document an individual for purposes of hiring for the merchant marine or discharge therefrom, when determining whether to recognize service allegedly performed during such period.

To direct the Secretary of Defense to accept additional documentation when considering the application for veterans status of an individual who performed service in the merchant marines during World War II, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Literacy Through School Libraries Act of 2001''. SEC. 2. SCHOOL LIBRARY MEDIA RESOURCES. Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.) is amended-- (1) by redesignating part E as part F; and (2) by inserting after part D the following: ``PART E--ASSISTANCE TO SCHOOL LIBRARIES TO IMPROVE LITERACY ``Subpart 1--Library Media Resources ``SEC. 2350. PURPOSE. ``The purposes of this subpart are-- ``(1) to improve literacy skills and academic achievement of students by providing students with increased access to up- to-date school library materials, a well-equipped, technologically advanced school library media center, and well- trained, professionally certified school library media specialists; ``(2) to support the acquisition of up-to-date school library media resources for the use of students, school library media specialists, and teachers in elementary schools and secondary schools; ``(3) to provide school library media specialists with the tools and training opportunities necessary for the specialists to facilitate the development and enhancement of the information literacy, information retrieval, and critical thinking skills of students; and ``(4)(A) to ensure the effective coordination of resources for library, technology, and professional development activities for elementary schools and secondary schools; and ``(B) to ensure collaboration between school library media specialists, and elementary school and secondary school teachers and administrators, in developing curriculum-based instructional activities for students so that school library media specialists are partners in the learning process of students. ``SEC. 2351. STATE ALLOTMENTS. ``The Secretary shall allot to each eligible State educational agency for a fiscal year an amount that bears the same relation to the amount appropriated under section 2360 and not reserved under section 2359 for the fiscal year as the amount the State educational agency received under part A of title I for the preceding fiscal year bears to the amount all eligible State educational agencies received under part A of title I for the preceding fiscal year. ``SEC. 2352. STATE APPLICATIONS. ``To be eligible to receive an allotment under section 2351 for a State for a fiscal year, the State educational agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require. The application shall contain a description of-- ``(1) the manner in which the State educational agency will use the needs assessment described in section 2355(1) and poverty data to allocate funds made available through the allotment to the local educational agencies in the State with the greatest need for school library media improvement; ``(2) the manner in which the State educational agency will effectively coordinate all Federal and State funds available for literacy, library, technology, and professional development activities to assist local educational agencies, elementary schools, and secondary schools in-- ``(A) acquiring up-to-date school library media resources in all formats, including books and advanced technology such as Internet connections; and ``(B) providing training for school library media specialists; ``(3) the manner in which the State educational agency will develop standards for the incorporation of new technologies into the curricula of elementary schools and secondary schools through school library media programs to develop and enhance the information literacy, information retrieval, and critical thinking skills of students; and ``(4) the manner in which the State educational agency will evaluate the quality and impact of activities carried out under this subpart by local educational agencies to make determinations regarding the need of the agencies for technical assistance and whether to continue funding the agencies under this subpart. ``SEC. 2353. STATE RESERVATION. ``A State educational agency that receives an allotment under section 2351 may reserve not more than 3 percent of the funds made available through the allotment to provide technical assistance, disseminate information about effective school library media programs, and pay administrative costs, relating to this subpart. ``SEC. 2354. LOCAL ALLOCATIONS. ``(a) In General.--A State educational agency that receives an allotment under section 2351 for a fiscal year shall use the funds made available through the allotment and not reserved under section 2353 to make allocations to local educational agencies. ``(b) Agencies.--The State educational agency shall allocate the funds to the local educational agencies in the State that have-- ``(1) the greatest need for school library media improvement according to the needs assessment described in section 2355(1); and ``(2) the highest percentages of poverty, as measured in accordance with section 1113(a)(5). ``SEC. 2355. LOCAL APPLICATION. ``To be eligible to receive an allocation under section 2354 for a fiscal year, a local educational agency shall submit to the State educational agency an application at such time, in such manner, and containing such information as the State educational agency shall require. The application shall contain-- ``(1) a needs assessment relating to need for school library media improvement, based on the age and condition of school library media resources (including book collections), access of school library media centers to advanced technology, including Internet connections, and the availability of well- trained, professionally certified school library media specialists, in schools served by the local educational agency; ``(2) a description of the manner in which the local educational agency will use the needs assessment to assist schools with the greatest need for school library media improvement; ``(3) a description of the manner in which the local educational agency will use the funds provided through the allocation to carry out the activities described in section 2356; ``(4) a description of the manner in which the local educational agency will develop and carry out the activities described in section 2356 with the extensive participation of school library media specialists, elementary school and secondary school teachers and administrators, and parents; ``(5) a description of the manner in which the local educational agency will effectively coordinate-- ``(A) funds provided under this subpart with the Federal, State, and local funds received by the agency for literacy, library, technology, and professional development activities; and ``(B) activities carried out under this subpart with the Federal, State, and local library, technology, and professional development activities carried out by the local educational agency; and ``(6) a description of the manner in which the local educational agency will collect and analyze data on the quality and impact of activities carried out under this subpart by schools served by the local educational agency. ``SEC. 2356. LOCAL ACTIVITIES. ``A local educational agency that receives a local allocation under section 2354 may use the funds made available through the allocation-- ``(1) to acquire up-to-date school library media resources, including books; ``(2) to acquire and utilize advanced technology, incorporated into the curricula of the schools, to develop and enhance the information literacy, information retrieval, and critical thinking skills of students; ``(3) to acquire and utilize advanced technology, including Internet links, to facilitate resource-sharing among schools and school library media centers, and public and academic libraries, where possible; ``(4) to provide professional development opportunities for school library media specialists; and ``(5) to foster increased collaboration between school library media specialists and elementary school and secondary school teachers and administrators. ``SEC. 2357. ACCOUNTABILITY AND CONTINUATION OF FUNDS. ``Each local educational agency that receives funding under this subpart for a fiscal year shall be eligible to continue to receive the funding-- ``(1) for each of the 2 following fiscal years; and ``(2) for each fiscal year subsequent to the 2 following fiscal years, if the local educational agency demonstrates that the agency has increased-- ``(A) the availability of, and the access of students, school library media specialists, and elementary school and secondary school teachers to, up- to-date school library media resources, including books and advanced technology, in elementary schools and secondary schools served by the local educational agency; ``(B) the number of well-trained, professionally certified school library media specialists in those schools; and ``(C) collaboration between school library media specialists and elementary school and secondary school teachers and administrators for those schools. ``SEC. 2358. SUPPLEMENT NOT SUPPLANT. ``Funds made available under this subpart shall be used to supplement and not supplant other Federal, State, and local funds expended to carry out activities relating to library, technology, or professional development activities. ``SEC. 2359. NATIONAL ACTIVITIES. ``The Secretary shall reserve not more than 3 percent of the amount appropriated under section 2360 for a fiscal year-- ``(1) for an annual, independent, national evaluation of the activities assisted under this subpart, to be conducted not later than 3 years after the date of enactment of this subpart; and ``(2) to broadly disseminate information to help States, local educational agencies, school library media specialists, and elementary school and secondary school teachers and administrators learn about effective school library media programs. ``SEC. 2360. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $475,000,000 for fiscal year 2002 and such sums as may be necessary for each of fiscal years 2003 through 2006. ``Subpart 2--School Library Access Program ``SEC. 2361. PROGRAM. ``(a) In General.--The Secretary may make grants to local educational agencies to provide students with access to libraries in elementary schools and secondary schools during non-school hours, including the hours before and after school, weekends, and summer vacation periods. ``(b) Applications.--To be eligible to receive a grant under subsection (a), a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(c) Priority.--In making grants under subsection (a), the Secretary shall give priority to local educational agencies that demonstrate, in applications submitted under subsection (b), that the agencies-- ``(1) seek to provide activities that will increase literacy skills and student achievement; ``(2) have effectively coordinated services and funding with entities involved in other Federal, State, and local efforts, to provide programs and activities for students during the non-school hours described in subsection (a); and ``(3) have a high level of community support. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this subpart $25,000,000 for fiscal year 2002 and such sums as may be necessary for each of fiscal years 2003 through 2006.''.

Improving Literacy Through School Libraries Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a program of assistance to school libraries to improve literacy through: (1) mandatory allotments to States for library media resources; and (2) discretionary grants for school library access during non-school hours.

A bill to amend the Elementary and Secondary Education Act of 1965 to provide up-to-date school library media resources and well-trained, professionally certified school library media specialists for elementary schools and secondary schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Legal Reform Commission Act of 1998''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Legal Reform Commission (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 11 members of whom-- (A) one shall be appointed by the President; (B) one shall be appointed by the President pro tempore of the Senate; (C) one shall be appointed by the Speaker of the House of Representatives; (D) two shall be appointed by the Majority Leader of the Senate; (E) two shall be appointed by the Minority Leader of the Senate; (F) two shall be appointed by the Majority Leader of the House of Representatives; and (G) two shall be appointed by the Minority Leader of the House of Representatives. (2) Chairman and vice chairman.--The members of the Commission shall select a Chairman and a Vice Chairman from the members. (3) Prohibition.-- (A) Chairman.--The Chairman of the Commission may not be an employee or former employee of the Federal Government. (B) Members.--No member of the Commission may be a member or former member of the Bar of any State. (4) Date.--The appointments of the members of the Commission shall be made no later than June 1, 1998. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairman. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 3. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a thorough study of all matters relating to the reform and simplification of the United States legal system. (2) Matters studied.--The matters studied by the Commission shall include reform of-- (A) Federal law; (B) State law; (C) criminal law; (D) civil law; (E) judicial, trial, and appellate processes; (F) the Federal Rules of Evidence; (G) the Federal Rules of Civil Procedure; and (H) the Federal Rules of Criminal Procedure. (b) Recommendations.--The Commission shall develop recommendations on all matters studied under subsection (a) relating to reform of the United States legal system. (c) Report.--No later than 2 years after the date of enactment of this Act, the Commission shall submit a report to the President and Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not 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 level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the 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 prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 3. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as are necessary to the Commission to carry out the purposes of this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

Legal Reform Commission Act of 1998 - Establishes the Legal Reform Commission to study, develop recommendations regarding, and report to the President and the Congress on the reform and simplification of the U.S. legal system. Requires matters studied by the Commission to include reform of: (1) Federal, State, criminal, and civil law; (2) judicial, trial and appellate processes; and (3) the Federal Rules of Evidence, Civil Procedure, and Criminal Procedure. Authorizes appropriations.

Legal Reform Commission Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Verification for Refugees Act''. SEC. 2. REVIEW OF REFUGEES TO IDENTIFY SECURITY THREATS TO THE UNITED STATES. (a) Background Investigation.--In addition to the screening conducted by the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation shall take all actions necessary to ensure that each covered alien receives a thorough background investigation prior to admission as a refugee. A covered alien may not be admitted as a refugee until the Director of the Federal Bureau of Investigation certifies to the Secretary of Homeland Security and the Director of National Intelligence that each covered alien has received a background investigation that is sufficient to determine whether the covered alien is a threat to the security of the United States. (b) Certification by Unanimous Concurrence.--A covered alien may only be admitted to the United States after the Secretary of Homeland Security, with the unanimous concurrence of the Director of the Federal Bureau of Investigation and the Director of National Intelligence, certifies to the appropriate Congressional Committees that the covered alien is not a threat to the security of the United States. (c) Inspector General Review of Certifications.--The Inspector General of the Department of Homeland Security shall conduct a risk- based review of all certifications made under subsection (b) each year and shall provide an annual report detailing the findings to the appropriate Congressional Committees. (d) Monthly Report.--The Secretary of Homeland Security shall submit to the appropriate Congressional Committees a monthly report on the total number of applications for admission with regard to which a certification under subsection (b) was made and the number of covered aliens with regard to whom such a certification was not made for the month preceding the date of the report. The report shall include, for each covered alien with regard to whom a certification was not made, the concurrence or nonconcurrence of each person whose concurrence was required by subsection (b). (e) Definitions.--In this Act: (1) Covered alien.--The term ``covered alien'' means any alien applying for admission to the United States as a refugee who-- (A) is a national or resident of Iraq, Syria, or a country designated as a high-risk country by the Secretary of State under section 3; (B) has no nationality and whose last habitual residence was in Iraq, Syria, or a country designated as a high-risk country by the Secretary of State under section 3; or (C) has been present in Iraq or Syria at any time on or after March 1, 2011. (2) Appropriate congressional committee.--The term ``appropriate Congressional Committees'' means-- (A) the Committee on Armed Services of the Senate; (B) the Select Committee on Intelligence of the Senate; (C) the Committee on the Judiciary of the Senate; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Committee on Foreign Relations of the Senate; (F) the Committee on Appropriations of the Senate; (G) the Committee on Armed Services of the House of Representatives; (H) the Permanent Select Committee on Intelligence of the House of Representatives; (I) the Committee on the Judiciary of the House of Representatives; (J) the Committee on Homeland Security of the House of Representatives; (K) the Committee on Appropriations of the House of Representatives; and (L) the Committee on Foreign Affairs of the House of Representatives. SEC. 3. REPORT ON RISK LEVELS OF COUNTRIES. Not later than 60 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall submit to the appropriate Congressional Committees (as such term is defined in section 2(e)) a report, which shall be submitted in unclassified form to the maximum extent practicable, but may include a classified annex, and which includes the following: (1) A list of each country, a national or resident of which submitted an application for admission to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) during the year preceding the report. (2) For each country listed under paragraph (1), an evaluation of the threat to the security of the United States posed by aliens who are nationals or residents of each such country, and a designation of each such country as high-risk, medium-risk, or low-risk. (3) For each country listed under paragraph (1), the number of applications for admission as a refugee to the United States during the year preceding the report. (4) For each country listed under paragraph (1), the number of aliens who were admitted to the United States as refugees during the year preceding the report. (5) Beginning with the second report submitted under this section, in the case of a country for which the designation under paragraph (2) changed from the designation of that country in the preceding year's report, an explanation of the reason for the change. (6) To the extent practicable, and without jeopardizing intelligence sources or methods, a description of the following: (A) Any presence of terrorism, hostile actions against the United States or its allies, gross violations of human rights, human trafficking, drug trafficking, religious persecution, or other violations of international law. (B) Any presence of al Qaeda, al Qaeda affiliates, Islamic State, or other terrorist groups. (C) Any presence of transnational criminal organizations.

Security Verification for Refugees Act This bill requires that, in addition to the Department of Homeland Security (DHS) screening, the Federal Bureau of Investigation (FBI) shall take all actions necessary to ensure that each covered alien receives a background investigation before U.S. refugee admission. A "covered alien" is any alien applying for U.S. refugee admission who: is a national or resident of Iraq, Syria, or a country designated as a high-risk country; has no nationality and whose last habitual residence was in Iraq, Syria, or a country designated as a high-risk country; or has been present in Iraq or Syria at any time on or after March 1, 2011. A covered alien: may not be admitted as a refugee until the FBI certifies to DHS and the Director of National Intelligence (DNI) that he or she has received a background investigation sufficient to determine whether the alien is a U.S. security threat; and may only be admitted to the United States after DHS, with the unanimous concurrence of the FBI and the DNI, certifies to Congress that he or she is not such a threat. The Inspector General of DHS shall conduct annual risk-based reviews of all certifications. DHS shall report monthly to Congress on the total number of admission applications for which a certification was made and the number of covered aliens for whom such a certification was not made for the preceding month. The report shall include for each covered alien for whom a certification was not made the concurrence or nonconcurrence of each person whose concurrence was required by the certification. The Department of State shall submit annually to Congress: a list of each country, a national or resident of which submitted an application for U.S. refugee admission; an evaluation of the threat posed by aliens who are nationals or residents of each listed country; and a description of any presence of terrorism, human rights violations, human trafficking, drug trafficking, religious persecution, or other violations of international law, any presence of al Qaeda, Islamic State, or other terrorist groups, or any presence of transnational criminal organizations.

Security Verification for Refugees Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compassionate Access, Research Expansion, and Respect States Act of 2015'' or the ``CARERS Act of 2015''. SEC. 2. FEDERALISM IN DRUG POLICY. Section 708 of the Controlled Substances Act (21 U.S.C. 903) is amended-- (1) by striking ``No provision'' and inserting the following: ``(a) In General.--Except as provided in subsection (b), no provision''; and (2) by adding at the end the following: ``(b) Compliance With State Law.--Notwithstanding any other provision of law, the provisions of this title relating to marihuana shall not apply to any person acting in compliance with State law relating to the production, possession, distribution, dispensation, administration, laboratory testing, or delivery of medical marihuana.''. SEC. 3. RESCHEDULING OF MARIHUANA. (a) Removal From Schedule I.--Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection (c)-- (1) by striking paragraphs (10) and (17); (2) by redesignating paragraphs (11) through (16) as paragraphs (10) through (15), respectively; and (3) by redesignating paragraphs (18) through (28) as paragraphs (16) through (26), respectively. (b) Listing in Schedule II.--Schedule II, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended by adding at the end the following: ``(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of marihuana, including its salts, isomers, and salts of isomers.''. SEC. 4. EXCLUSION OF CANNABIDIOL FROM DEFINITION OF MARIHUANA. Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) in paragraph (16)-- (A) by striking ``or cake, or the sterilized'' and inserting ``cake, the sterilized''; and (B) by adding ``, or cannabidiol'' before the period at the end; and (2) by adding at the end the following: ``(57) The term `cannabidiol' means the substance cannabidiol, as derived from marihuana or the synthetic formulation, that contains not greater than 0.3 percent delta- 9-tetrahydrocannabinol on a dry weight basis.''. SEC. 5. CANNABIDIOL DETERMINATION BY STATES. Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: ``(j) Cannabidiol Determination.--If a person grows or processes marihuana for purposes of making cannabidiol in accordance with State law, the marihuana shall be deemed to meet the concentration limitation under section 102(57), unless the Attorney General determines that the State law is not reasonably calculated to comply with section 102(57).''. SEC. 6. BANKING. (a) Definitions.--In this section-- (1) the term ``depository institution'' means-- (A) a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (B) a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or (C) a State credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); (2) the term ``Federal banking regulator'' means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, or any Federal agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury; (3) the term ``financial service'' means a financial product or service as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481); (4) the term ``manufacturer'' means a person who manufactures, compounds, converts, processes, prepares, or packages marijuana or marijuana products; (5) the term ``marijuana-related legitimate business'' means a manufacturer, producer, or any person that-- (A) participates in any business or organized activity that involves handling marijuana or marijuana products, including selling, transporting, displaying, dispensing, or distributing marijuana or marijuana products; and (B) engages in such activity pursuant to a law established by a State or a unite of local government; (6) the term ``marijuana'' has the meaning given the term ``marihuana'' in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by this Act; (7) the term ``marijuana product'' means any article that contains marijuana, including an article that is a concentrate, an edible, a tincture, a marijuana-infused product, or a topical; (8) the term ``producer'' means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of marijuana; and (9) the term ``State'' means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States. (b) Safe Harbor for Depository Institutions.--A Federal banking regulator may not-- (1) terminate or limit the deposit insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 U.S.C. 1751 et seq.) solely because the depository institution provides or has provided financial services to a marijuana- related legitimate business; (2) prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a marijuana-related legitimate business; (3) recommend, incentivize, or encourage a depository institution not to offer financial services to an individual, or to downgrade or cancel the financial services offered to an individual solely because-- (A) the individual is a manufacturer or producer of marijuana; (B) the individual is the owner or operator of a marijuana-related legitimate business; (C) the individual later becomes an owner or operator of a marijuana-related legitimate business; or (D) the depository institution was not aware that the individual is the owner or operator of a marijuana- related legitimate business; or (4) take any adverse or corrective supervisory action on a loan to an owner or operator of-- (A) a marijuana-related legitimate business solely because the owner or operator is a marijuana-related business; or (B) real estate or equipment that is leased to a marijuana-related legitimate business solely because the owner or operator of the real estate or equipment leased the real estate or equipment to a marijuana- related business. (c) Protections Under Federal Law.-- (1) Investigation and prosecution.--A depository institution that provides financial services to a marijuana- related legitimate business, or the officers, directors, and employees of that business, shall be immune from Federal criminal prosecution or investigation for providing those services. (2) Federal criminal law.--A depository institution that provides financial services to a marijuana-related legitimate business shall not be subject to a criminal penalty under any Federal law solely for providing those services or for further investing any income derived from such services. (3) Forfeiture.--A depository institution that has a legal interest in the collateral for a loan made to an owner or operator of a marijuana-related legitimate business, or to an owner or operator of real estate or equipment that is leased to a marijuana-related legitimate business, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan. (d) Exemption From Filing Suspicious Activity Reports.--Section 5318(g) of title 31, United States Code, is amended by adding at the end the following: ``(5) Requirements for marijuana-related legitimate businesses.--If a financial institution or any director, officer, employee, or agent of a financial institution reports a suspicious transaction pursuant to this subsection, and the reason for the report relates to a marijuana-related business, the Secretary shall require that such report complies with the requirements of the guidance issued by the Financial Crimes Enforcement Network titled `BSA Expectations Regarding Marijuana-Related Businesses' (FIN-2014-G001; published on February 14, 2014).''. (e) Rule of Construction.--Nothing in this section requires a depository institution to provide financial services to a marijuana- related legitimate business. SEC. 7. RESEARCH. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary for Health and Human Services shall terminate the Public Health Service interdisciplinary review process described in the guidance entitled ``Guidance on Procedures for the Provision of Marijuana for Medical Research'' (issued on May 21, 1999). (b) Licenses for Marijuana Research.--Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Drug Enforcement Administration, shall issue not less than 3 licenses under section 303 of the Controlled Substances Act (21 U.S.C. 823) to manufacture marijuana and marijuana-derivatives for research approved by the Food and Drug Administration. SEC. 8. PROVISION BY DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PROVIDERS OF RECOMMENDATIONS AND OPINIONS REGARDING VETERAN PARTICIPATION IN STATE MARIJUANA PROGRAMS. Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall authorize physicians and other health care providers employed by the Department of Veterans Affairs to-- (1) provide recommendations and opinions to veterans who are residents of States with State marijuana programs regarding the participation of veterans in such State marijuana programs; and (2) complete forms reflecting such recommendations and opinions.

Compassionate Access, Research Expansion, and Respect States Act of 2015 or the CARERS Act of 2015 Amends the Controlled Substances Act (CSA) to provide that control and enforcement provisions of such Act relating to marihuana shall not apply to any person acting in compliance with state law relating to the production, possession, distribution, dispensation, administration, laboratory testing, or delivery of medical marihuana. Transfers marihuana from schedule I to schedule II of the CSA. Excludes "cannabidiol" from the definition of "marihuana" and defines it separately as the substance cannabidiol, as derived from marihuana or the synthetic formulation, that contains not greater than 0.3% delta-9-tetrahydrocannabinol on a dry weight basis. Deems marihuana that is grown or possessed for purposes of making cannabidiol, in accordance with state law, to meet such concentration limitation unless the Attorney General determines that the state law is not reasonably calculated to comply with such definition. Prohibits a federal banking regulator from: (1) terminating or limiting the deposit insurance of a depository institution solely because it provides or has provided financial services to a marihuana-related legitimate business; or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from providing financial services to a marihuana-related legitimate business. Prohibits a federal banking regulator from recommending, motivating, providing incentives, or encouraging a depository institution not to offer financial services to an individual, or to downgrade or cancel financial services offered to an individual, solely because: (1) the individual is a manufacturer of marihuana, (2) the individual is or later becomes an owner or operator of a marihuana-related legitimate business, or (3) the depository institution was not aware that the individual is the owner or operator of a marihuana-related legitimate business. Prohibits a federal banking regulator from taking any adverse or corrective supervisory action on a loan to an owner or operator of: (1) a marihuana-related legitimate business soley because the owner or operator is such a business, or (2) real estate or equipment that is leased to a marihuana-related legitimate business solely because it is leased to such a business. Provides depository institutions that provide financial services to a marihuana-related legitimate business protection under federal law from federal criminal prosecution or investigation, criminal penalties, and forfeiture of legal interest in collateral solely for providing financial services to such a business. Directs: (1) the Department of Health and Human Services to terminate the Public Health Service interdisciplinary review process described in the guidance entitled "Guidance on Procedures for the Provision of marihuana for Medical Research" (issued on May 21, 1999), and (2) the Drug Enforcement Administration to issue at least three licenses under CSA registration requirements to manufacture marihuana and marihuana-derivatives for research approved by the Food and Drug Administration. Directs the Department of Veterans Affairs (VA) to authorize VA health care providers to provide veterans with recommendations and opinions regarding participation in state marihuana programs.

CARERS Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Drought Policy Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States often suffers serious economic and environmental losses from severe regional droughts and there is no coordinated Federal strategy to respond to such emergencies; (2) at the Federal level, even though historically there have been frequent, significant droughts of national consequences, drought is addressed mainly through special legislation and ad hoc action rather than through a systematic and permanent process as occurs with other natural disasters; (3) there is an increasing need, particularly at the Federal level, to emphasize preparedness, mitigation, and risk management (rather than simply crisis management) when addressing drought and other natural disasters or emergencies; (4) several Federal agencies have a role in drought from predicting, forecasting, and monitoring of drought conditions to the provision of planning, technical, and financial assistance; (5) there is no single Federal agency in a lead or coordinating role with regard to drought; (6) State, local, and tribal governments have had to deal individually and separately with each Federal agency involved in drought assistance; and (7) the President should appoint an advisory commission to provide advice and recommendations on the creation of an integrated, coordinated Federal policy designed to prepare for, mitigate the impacts of, respond to, and recover from serious drought emergencies. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the National Drought Policy Commission (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 16 members. The members of the Commission shall include-- (A) the Secretary of Agriculture, or the designee of the Secretary, who shall chair the Commission; (B) the Secretary of the Interior, or the designee of the Secretary; (C) the Secretary of the Army, or the designee of the Secretary; (D) the Secretary of Commerce, or the designee of the Secretary; (E) the Director of the Federal Emergency Management Agency, or the designee of the Director; (F) the Administrator of the Small Business Administration, or the designee of the Administrator; (G) two persons nominated by the National Governors' Association and appointed by the President, of whom-- (i) one shall be the governor of a State east of the Mississippi River; and (ii) one shall be a governor of a State west of the Mississippi River; (H) a person nominated by the National Association of Counties and appointed by the President; (I) a person nominated by the United States Conference of Mayors and appointed by the President; and (J) six persons, appointed by the Secretary of Agriculture in coordination with the Secretary of the Interior and the Secretary of the Army, who shall be representative of groups acutely affected by drought emergencies, such as the agricultural production community, the credit community, rural and urban water associations, Native Americans, and fishing and environmental interests. (2) Date.--The appointments of the members of the Commission shall be made no later than 60 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the chair. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Vice Chair.--The Commission shall select a vice chair from among the members who are not Federal officers or employees. SEC. 4. DUTIES OF THE COMMISSION. (a) Study and Report.--The Commission shall conduct a thorough study and submit a report on national drought policy in accordance with this section. (b) Content of Study and Report.--In conducting the study and report, the Commission shall-- (1) determine, in consultation with the National Drought Mitigation Center in Lincoln, Nebraska, and other appropriate entities, what needs exist on the Federal, State, local, and tribal levels to prepare for and respond to drought emergencies; (2) review all existing Federal laws and programs relating to drought; (3) review State, local, and tribal laws and programs relating to drought that the Commission finds pertinent; (4) determine what differences exist between the needs of those affected by drought and the Federal laws and programs designed to mitigate the impacts of and respond to drought; (5) collaborate with the Western Drought Coordination Council and other appropriate entities in order to consider regional drought initiatives and the application of such initiatives at the national level; (6) make recommendations on how Federal drought laws and programs can be better integrated with ongoing State, local, and tribal programs into a comprehensive national policy to mitigate the impacts of and respond to drought emergencies without diminishing the rights of States to control water through State law and considering the need for protection of the environment; (7) make recommendations on improving public awareness of the need for drought mitigation, and prevention; and response on developing a coordinated approach to drought mitigation, prevention, and response by governmental and nongovernmental entities, including academic, private, and nonprofit interests; and (8) include a recommendation on whether all Federal drought preparation and response programs should be consolidated under one existing Federal agency and, if so, identify such agency. (c) Submission of Report.-- (1) In general.--No later than 18 months after the date of the enactment of this Act, the Commission shall submit a report to the President and Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (2) Approval of report.--Before submission of the report, the contents of the report shall be approved by unanimous consent or majority vote. If the report is approved by majority vote, members voting not to approve the contents shall be given the opportunity to submit dissenting views with the report. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall not be compensated for service on the Commission, except as provided under subsection (b). All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (d) Administrative Support.--The Secretary of Agriculture shall provide all financial, administrative, and staff support services for the Commission. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 4. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Drought Policy Act of 1998 - Establishes a National Drought Commission which shall: (1) review Federal, State, local, and tribal laws and programs and provide recommendations on a national drought policy; and (2) report to the President and the Congress. Terminates the Commission 90 days after submission of such report.

National Drought Policy Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Politics Transparency Act''. SEC. 2. DISCLOSURE TO SHAREHOLDERS OF CERTAIN POLITICAL EXPENDITURES. (a) Quarterly and Annual Reports.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following new subsection: ``(m) Disclosure of Certain Political Expenditures.-- ``(1) Disclosure required.--Each quarterly and annual report required under this section or section 15(d) shall include a disclosure of the total of any political expenditures in support of or in opposition to any candidate for Federal, State, or local public office made by the issuer during the preceding 6-year period. Such disclosures shall contain, at minimum, the name and political party affiliation of each candidate in support of whom or in opposition to whom a political expenditure was made, the amount of each such expenditure, the public office that such candidate was or is seeking, including the relevant State, city, or district, and a statement of the issuer's interest in and reason for making such expenditure. ``(2) Definition.--For purposes of this subsection, the term `political expenditure in support of or in opposition to any candidate for Federal, State, or local public office' means an expenditure or series of expenditures totaling more than $10,000 for any single candidate during any single election that-- ``(A) is an independent expenditure as such term is defined in section 301(17) of the Federal Election Campaign Act of 1971 or is relating to a candidate for State or local public office that would be treated as an independent expenditure under such Act if the candidate were a candidate for Federal public office; ``(B) is an electioneering communication, as such term is defined in section 304(f)(3) of such Act (2 U.S.C. 434(f)(3)); or ``(C) dues or other payments to any other organization that are, or could reasonably be anticipated to be, used or transferred to another association or organization for the purposes described in subparagraph (A) or (B).''. (b) Proxies.--Section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at the end the following new subsection: ``(i) Disclosure to Shareholders of Political Expenditures.--Any solicitation of any proxy or consent or authorization in respect of any security of an issuer shall contain a disclosure of the total of any political expenditures in support of or in opposition to any candidate for Federal, State, or local public office made by the issuer during the preceding 6-year period. Such disclosure must be clear and conspicuous and, at minimum, contain the name and political party affiliation of each candidate in support of whom or in opposition to whom a political expenditure was made, the amount of each such expenditure, the public office that such candidate was or is seeking, including the relevant State, city, or district, and a statement of the issuer's interest in and reason for making such expenditure. For purposes of this subsection, the term `political expenditure in support of or in opposition to any candidate for Federal, State, or local public office' has the meaning given such term in section 13(m)(2).''. (c) Registration Statements.--Section 7 of the Securities Act of 1933 (15 U.S.C. 77g) is amended by adding at the end the following: ``(c) The registration statement shall also contain a disclosure of any political expenditures in support of or in opposition to any candidate for Federal, State, or local public office made by the issuer during the preceding 6-year period. Such disclosure shall contain, at minimum, the name and political party affiliation of each candidate in support of whom or in opposition to whom a political expenditure was made, the amount of each such expenditure, the public office that such candidate was or is seeking, including the relevant State, city, or district, and a statement of the issuer's interest in and reason for making such expenditure. For purposes of this subsection, the term `political expenditure in support of or in opposition to any candidate for Federal, State, or local public office' has the meaning given such term in section 13(m)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(m)(3)).''. (d) Modification of Forms.--The Securities and Exchange Commission shall make such modifications to any forms made available by the Commission to facilitate the disclosures required by the amendments made by this Act.

Corporate Politics Transparency Act - Amends the Securities Exchange Act of 1934 to require that quarterly and annual reports of an issuer, any proxy solicitation or consent or authorization in respect of any security, and the issuer's registration statement disclose total political expenditures in support of or in opposition to any candidate for federal, state, or local public office made by the issuer during the preceding six-year period. Requires such disclosures to include: (1) the name and political party affiliation of each candidate in support of whom or in opposition to whom a political expenditure was made; (2) the amount of each such expenditure; (3) the public office that such candidate was or is seeking; (4) the relevant state, city, or district; and (5) a statement of the issuer's interest in and reason for making such expenditure.

To amend the securities laws to require that registration statements, quarterly and annual reports, and proxy solicitations of public companies include a disclosure to shareholders of any expenditure made by that company in support of or in opposition to any candidate for Federal, State, or local public office.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inefficient Defense Elimination Act of 2013''. SEC. 2. TERMINATION OR RETIREMENT OF AIRCRAFT AND SHIP PROGRAMS. (a) C-27J Aircraft.-- (1) Prohibition on procurement.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to procure C-27J aircraft. (2) Treatment of current aircraft.--Notwithstanding any other provision of law, with respect to each C-27J aircraft being maintained by the Secretary of Defense that was procured on or before the date of the enactment of this Act, the Secretary shall-- (A) make the aircraft available for sale to another department or agency of the Federal Government or the government of an ally of the United States; or (B) if the Secretary determines that the sale of an aircraft under subparagraph (A) is not appropriate, retire or dispose of the aircraft in a manner the Secretary determines appropriate. (b) Global Hawk Aircraft.-- (1) Prohibition on procurement.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to procure RQ-4 Block 30 Global Hawk unmanned aircraft systems. (2) Treatment of current aircraft.--Notwithstanding section 154(b) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239) or any other provision of law, with respect to each RQ-4 Block 30 Global Hawk unmanned aircraft system being maintained by the Secretary of Defense that was procured on or before the date of the enactment of this Act, the Secretary shall-- (A) make the aircraft available for sale to another department or agency of the Federal Government or the government of an ally of the United States; or (B) if the Secretary determines that the sale of an aircraft under subparagraph (A) is not appropriate, retire or dispose of the aircraft in a manner the Secretary determines appropriate. (c) Aegis Guided Missile Cruisers.--Notwithstanding any other provision of law, the Secretary of Defense shall-- (1) retire four Aegis guided missile cruisers during fiscal year 2014; and (2) retire three Aegis guided missile cruisers during fiscal year 2015. (d) Amphibious Landing Ships.--Notwithstanding any other provision of law, the Secretary of Defense shall retire two amphibious landing ships during fiscal year 2014. SEC. 3. REPORT ON MILITARY PRESENCE IN EUROPE. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) a report analyzing the necessity of stationing members of the Armed Forces in Europe, including an evaluation of property owned by the Federal Government in Europe that could be sold if such stationing was reduced or terminated. (b) Matters Included.--The report under subsection (a) shall consider the following: (1) Benefits to the United States from having the Armed Forces present in Europe that would not be achievable elsewhere. (2) Direct military threats to the United States that require such a presence and whether such threats could be countered with a smaller presence. (3) The ability of European allies to address threats without such presence. (4) Ways in which a withdrawal or reduction of members of the Armed Forces stationed in Europe will affect the sustainability of military operations abroad. (5) Ways in which such a withdrawal or reduction will affect the ability of the United States to implement a broader national security strategy. (6) Any formal treaty obligations or bilateral agreements that require the Armed Forces of the United States to be present in Europe. (7) Effectiveness of current force levels in Europe in achieving national security objectives. (8) Unique benefits of sustaining each base location in Europe and ways in which reduction of such bases would affect the ability of the United States to sustain military operations abroad.

Inefficient Defense Elimination Act of 2013 - Prohibits any funds made available for the Department of Defense (DOD) for FY2014 or thereafter from being obligated or expended to procure C-27J aircraft. Directs the Secretary of Defense, with respect to any such aircraft procured on or before the date of enactment of this Act, to: (1) make such aircraft available for sale to another federal department or agency or government of a U.S. ally, or (2) retire or dispose of such aircraft. Prohibits the obligation or expenditure of any DOD funds for FY2014 or thereafter to procure RQ-4 Block 30 Global Hawk unmanned aircraft systems. Requires the Secretary, with respect to each such system procured on or before the date of enactment of this Act, to take the same sale or disposal actions described above. Directs the Secretary to retire: (1) four Aegis guided missile cruisers during FY2014 and three during FY2015, and (2) two amphibious landing ships during FY2014. Directs the Secretary to submit to the congressional defense and appropriations committees an analysis of the necessity of stationing members of the Armed Forces in Europe, including an evaluation of property owned by the federal government there that could be sold if such stationing was reduced or eliminated.

Inefficient Defense Elimination Act of 2013

[Congressional Bills 106th Congress] [From the U.S. Government Printing Office] [H.R. 437 Referred in Senate (RFS)] 1st Session H. R. 437 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 12, 1999 Received February 22, 1999 Read twice and referred to the Committee on Governmental Affairs _______________________________________________________________________ AN ACT To provide for a Chief Financial Officer in the Executive Office of the President. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential and Executive Office Financial Accountability Act of 1999''. SEC. 2. CHIEF FINANCIAL OFFICER IN THE EXECUTIVE OFFICE OF THE PRESIDENT. (a) In General.--Section 901 of title 31, United States Code, is amended by adding at the end the following: ``(c)(1) There shall be within the Executive Office of the President a Chief Financial Officer, who shall be designated or appointed by the President from among individuals meeting the standards described in subsection (a)(3). The position of Chief Financial Officer established under this paragraph may be so established in any Office (including the Office of Administration) of the Executive Office of the President. ``(2) The Chief Financial Officer designated or appointed under this subsection shall, to the extent that the President determines appropriate and in the interest of the United States, have the same authority and perform the same functions as apply in the case of a Chief Financial Officer of an agency described in subsection (b). ``(3) The President shall submit to Congress notification with respect to any provision of section 902 that the President determines shall not apply to a Chief Financial Officer designated or appointed under this subsection. ``(4) The President may designate an employee of the Executive Office of the President (other than the Chief Financial Officer), who shall be deemed `the head of the agency' for purposes of carrying out section 902, with respect to the Executive Office of the President.''. (b) Plan for Implementation.--Not later than 90 days after the date of the enactment of this Act, the President shall communicate in writing to the Chairman of the Committee on Government Reform of the House of Representatives and the Chairman of the Committee on Governmental Affairs of the Senate a plan for implementation of the provisions of, including the amendments made by, this Act. (c) Deadline for Appointment.--The Chief Financial Officer designated or appointed under section 901(c) of title 31, United States Code (as added by subsection (a)), shall be so designated or appointed not later than 180 days after the date of the enactment of this Act. (d) Pay.--The Chief Financial Officer designated or appointed under such section shall receive basic pay at the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (e) Transfer of Functions.--(1) The President may transfer such offices, functions, powers, or duties thereof, as the President determines are properly related to the functions of the Chief Financial Officer under section 901(c) of title 31, United States Code (as added by subsection (a)). (2) The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of any office the functions, powers, or duties of which are transferred under paragraph (1) shall also be so transferred. (f) Separate Budget Request.--Section 1105(a) of title 31, United States Code, is amended by inserting after paragraph (30) the following new paragraph: ``(31) a separate statement of the amount of appropriations requested to carry out the provisions of the Presidential and Executive Office Financial Accountability Act of 1999.''. (g) Technical and Conforming Amendments.--Section 503(a) of title 31, United States Code, is amended-- (1) in paragraph (7) by striking ``respectively.'' and inserting ``respectively (excluding any officer designated or appointed under section 901(c)).''; and (2) in paragraph (8) by striking ``Officers.'' and inserting ``Officers (excluding any officer designated or appointed under section 901(c)).''. Passed the House of Representatives February 11, 1999. Attest: JEFF TRANDAHL, Clerk.

Presidential and Executive Office Financial Accountability Act of 1999 - Provides, within the Executive Office of the President, for the designation or appointment of a Chief Financial Officer. Requires the Chief Financial Officer, to the extent that the President determines appropriate and in the interest of the United States, to have the same authority and perform the same functions as his or her Federal agency counterparts. Directs the President to: (1) notify the Congress of any provision of current law concerning chief financial officers that the President determines shall not apply to a Chief Financial Officer designated or appointed under this Act; and (2) communicate in writing, not later than 90 days after enactment, to the Chairman of the Committee on Government Reform and Oversight of the House and the Chairman of the Committee on Governmental Affairs of the Senate a plan for implementation of this Act.

Presidential and Executive Office Financial Accountability Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Theodore Roosevelt National Wildlife Refuge Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Yazoo-Mississippi Delta, located in Holmes, Humphreys, Issaquena, Leflore, Sharkey, Warren, Washington, and Yazoo Counties, Mississippi, popularly known as the Lower Delta, is of critical importance to the Louisiana Black Bear, over 350 species of birds (including migratory and resident waterfowl, shore birds, and neotropical migratory birds), aquatic life, and a wide array of other species associated with river basin ecosystems. (2) The bottomland hardwood forests of the Lower Delta have been significantly cleared. Reforestation and restoration of native habitat will benefit a host of species. (3) The Lower Delta is part of a major continental migration corridor for migratory birds funneling through the midcontinent from as far north as the Arctic Circle and as far south as South America. (4) The Lower Delta offers extraordinary recreational, research, and educational opportunities for students, scientists, bird watchers, wildlife observers, hunters, anglers, trappers, hikers, and nature photographers. (5) The Lower Delta is an internationally significant environmental resource that has been neglected and requires active restoration and management to protect and enhance the value of the region as a habitat for fish and wildlife. (6) The Lower Delta's existing natural, historical, and cultural assets and environmental restoration potential may provide for a large component of the economic revitalization of this area. (7) The Lower Delta has the Nation's highest potential carbon sequestration storage capacity. SEC. 3. ESTABLISHMENT AND PURPOSE OF REFUGE. (a) Establishment.--The Secretary shall establish as a national wildlife refuge the lands, waters, and interests therein acquired under section 5, at such time as the Secretary determines that sufficient property has been acquired under that section to constitute an area that can be effectively managed as a national wildlife refuge for the purposes set forth in subsection (b) of this section. The national wildlife refuge so established shall be known as the ``Theodore Roosevelt National Wildlife Refuge''. (b) Purposes.--The purposes of the Refuge are the following: (1) To restore and preserve native Mississippi River ecosystems. (2) To provide habitat for migratory birds and the Louisiana Black Bear. (3) To maximize fisheries on the Mississippi River and its tributaries, natural lakes, and manmade reservoirs. (4) To provide habitat for and population management of native plants and resident animals (including restoration of extirpated species). (5) To provide technical assistance to private landowners in the protection, restoration, and enhancement of their lands for the benefit of fish and wildlife. (6) To provide the public with opportunities for hunting, angling, trapping, photographing wildlife, hiking, bird watching, and other outdoor recreational and educational activities. (7) To celebrate President Theodore Roosevelt and his 1902 bear hunt in Mississippi, which gave birth to the ``teddy bear''. (8) To increase natural, cultural, and historical resource education and business. (9) To achieve the purposes under this subsection without violating section 6. (c) Notice of Establishment.--The Secretary shall publish a notice of the establishment of the Refuge-- (1) in the Federal Register; and (2) in publications of local circulation in the vicinity of the Refuge. SEC. 4. ADMINISTRATION OF REFUGE. (a) In General.--The Secretary shall administer all lands, waters, and interests therein acquired under section 5 in accordance with-- (1) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and the Act of September 28, 1962 (76 Stat. 653; 16 U.S.C. 460k et seq.; popularly known as the Refuge Recreation Act); (2) the purposes of the Refuge set forth in section 3(b); and (3) the management plan issued under subsection (b). (b) Management Plan.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall issue a management plan for the Refuge. (2) Contents.--The management plan shall include provisions that provide for the following: (A) Planning and design of trails and access points. (B) Planning of wildlife and habitat restoration, including reforestation. (C) Permanent exhibits and facilities and regular educational programs throughout the Refuge. (3) Public participation.-- (A) In general.--The Secretary shall provide an opportunity for public participation in developing the management plan. (B) Local views.--The Secretary shall give special consideration to views by local public and private entities and individuals in developing the management plan. (c) Wildlife Interpretation and Education Center.-- (1) In general.--The Secretary shall construct, administer, and maintain, at an appropriate site within the Refuge, a multiagency wildlife interpretation and education center, which shall be known as the Holt Collier Wildlife Interpretation and Education Center. (2) Purposes.--The center shall be designed and operated-- (A) to provide continuing, natural, cultural and historical resource conservation and restoration educational programs to the public and business development education and assistance for natural resource-based tourism activities; (B) to promote environmental education; (C) to provide an opportunity for the study and enjoyment of wildlife in its natural habitat; and (D) to honor the legendary African American hunting guide Holt Collier. SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS THEREIN. (a) In General.--The Secretary shall seek to acquire up to 25,000 acres of land, water, or interests therein (including permanent conservation easements or servitudes) within the boundaries designated under subsection (c). All lands, waters, an interests acquired under this subsection shall be part of the Refuge. (b) Method of Acquisition.--The Secretary may acquire an interest in land or water for inclusion in the Refuge only by donation, exchange, or purchase from a willing seller. (c) Designation of Boundaries.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall-- (A) consult with appropriate State and local officials, private conservation organizations, and other interested parties, regarding the designation of appropriate boundaries for the Refuge within the selection area; (B) designate boundaries of the Refuge that are within the selection area and adequate for fulfilling the purposes of the Refuge set forth in section 3(b); and (C) prepare a detailed map, entitled ``Theodore Roosevelt National Wildlife Refuge'', depicting the boundaries of the Refuge designated under subparagraph (B). (2) Selection area.--For purposes of this subsection, the selection area consists of Holmes, Humphreys, Issaquena, Leflore, Sharkey, Warren, Washington, and Yazoo Counties, Mississippi. (3) Availability of map; notice.--The Secretary shall-- (A) keep the map prepared under paragraph (1) on file and available for public inspection at offices of the United States Fish and Wildlife Service in the District of Columbia and Mississippi; and (B) publish in the Federal Register a notice of that availability. (d) Boundary Revisions.--The Secretary may make such minor revisions in the boundaries designated under subsection (c) as may be appropriate to achieve the purposes of the Refuge under section 3(b) or to facilitate the acquisition of property for the Refuge. SEC. 6. CONTINUED PUBLIC SERVICES. Nothing in this Act shall be construed as prohibiting or preventing, and the Secretary shall not for purposes of the Refuge prohibit or prevent-- (1) the continuation or development of commercial or recreational navigation on the Mississippi River or Yazoo River; (2) necessary construction, operation, or maintenance activities associated with the proposed Yazoo Backwater Pump Project; (3) the construction, improvement, or expansion of public port or recreational facilities on the Mississippi River or Yazoo River; or (4) the construction, improvement, or replacement of railroads or interstate highways within the selection area described in section 5(c)(2), or bridges that cross the Mississippi River, Sunflower River, or Yazoo River. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Refuge.--The term ``Refuge'' means the Theodore Roosevelt National Wildlife Refuge established under section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Theodore Roosevelt National Wildlife Refuge Act - Directs the Secretary of the Interior to establish as the Theodore Roosevelt National Wildlife Refuge certain lands, waters, and interests the Secretary shall acquire in the Yazoo-Mississippi Delta, located in Holmes, Humphreys, Issaquena, Leflore, Sharkey, Warren, Washington, and Yazoo Counties, Mississippi, popularly known as the Lower Delta, in order to: (1) restore and preserve native Mississippi River ecosystems; (2) provide habitat for migratory birds and the Louisiana Black Bear, as well as population management of native plants and resident animals (including restoration of extirpated species); (3) maximize fisheries on the Mississippi River and its tributaries, natural lakes, and manmade reservoirs; (4) provide technical assistance to private landowners in fish and wildlife protection, restoration, and enhancement of their lands; and (5) provide the public with opportunities for hunting, angling, trapping, and other outdoor recreational and educational activities. Directs the Secretary to construct, administer, and maintain in the Refuge a multiagency Holt Collier Wildlife Interpretation and Education Center.

To establish the Theodore Roosevelt National Wildlife Refuge and the Holt Collier Wildlife Interpretation and Education Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interim Consolidated Storage Act of 2015''. SEC. 2. DEFINITION OF INTERIM CONSOLIDATED STORAGE FACILITY. Section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101) is amended by adding at the end the following new paragraph: ``(35) The term `interim consolidated storage facility' means a facility that possesses a specific license issued by the Commission that authorizes storage of high-level radioactive waste or spent nuclear fuel received from the Secretary or from two or more persons that generate or hold title to high-level radioactive waste or spent nuclear fuel generated at a civilian nuclear power reactor.''. SEC. 3. INTERIM CONSOLIDATED STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL. (a) Storage of Spent Nuclear Fuel.--Section 135(h) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10155(h)) is amended by striking ``Notwithstanding any other provisions of law'' and inserting ``Except as provided in section 302, and subtitle I of title I''. (b) Interim Consolidated Storage.--Title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121 et seq.) is amended by adding at the end the following: ``Subtitle I--Interim Consolidated Storage ``SEC. 190. INTERIM CONSOLIDATED STORAGE. ``(a) In General.--The Secretary may enter into contracts for the storage of high-level radioactive waste or spent nuclear fuel with any person that holds a license for an interim consolidated storage facility. ``(b) Definition of High-Level Radioactive Waste.--For purposes of this subtitle and section 302, the term `high-level radioactive waste' includes Greater than Class C waste as defined in section 72.3 of title 10, Code of Federal Regulations. Nothing in this section or section 191 shall be interpreted to affect existing judicial interpretation of the term high-level radioactive waste or to require the disposal of Greater than Class C waste in a repository. ``SEC. 191. CONTRACTS. ``(a) In General.--The Secretary may enter into new contracts or modify existing contracts with any person who generates or holds title to high-level radioactive waste or spent nuclear fuel of domestic origin for the acceptance of title and subsequent storage of such waste or fuel at an interim consolidated storage facility, with priority for storage given to high-level radioactive waste and spent nuclear fuel located on sites without an operating nuclear reactor. ``(b) Contract Terms.--A contract entered into or modified under this section shall provide that acceptance by the Secretary, and transfer of title under subsection (d), of any high-level radioactive waste or spent nuclear fuel for an interim consolidated storage facility satisfies the Secretary's responsibility under a contract entered into under section 302(a) to accept title to such waste or fuel for disposal, with respect to such accepted waste or fuel. ``(c) Limitation.--The Secretary shall not require a person to settle claims against the United States for the breach of a contract entered into under section 302(a) for the disposal of high-level radioactive waste or spent nuclear fuel as a condition precedent of entering into or modifying a contract under this section. ``(d) Title to Material.--Delivery, and acceptance by the Secretary, of any high-level radioactive waste or spent nuclear fuel for an interim consolidated storage facility shall constitute a transfer to the Secretary of title to such waste or fuel.''. (c) Nuclear Waste Fund.--Section 302(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)) is amended-- (1) in paragraph (4), by striking ``in a monitored, retrievable storage site'' and inserting ``in an interim consolidated storage facility or monitored retrievable storage site,''; (2) in paragraph (5)-- (A) by striking ``a monitored, retrievable storage site'' and inserting ``an interim consolidated storage facility site, a monitored retrievable storage site,''; (B) by striking ``such repository, monitored, retrievable storage facility'' and inserting ``such repository, interim consolidated storage facility, monitored retrievable storage facility,''; and (C) by striking ``; and'' and inserting a semicolon; (3) by redesignating paragraph (6) as paragraph (7); (4) by inserting after paragraph (5) the following: ``(6) the fees and costs in connection with the storage of high-level radioactive waste or spent nuclear fuel in an interim consolidated storage facility; and''; and (5) by inserting ``For purposes of the preceding sentence, fees and costs described in paragraph (6) shall not be considered amounts for the construction or expansion of any facility.'' after ``this or subsequent legislation.''. (d) Appropriations From the Waste Fund.--Section 302(e)(2) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(2)) is amended-- (1) by inserting ``(A)'' before ``The Secretary shall submit''; and (2) by adding at the end the following: ``(B) Notwithstanding subparagraph (A), subject to subparagraph (C), necessary amounts shall be available to the Secretary from the Waste Fund without additional appropriations to pay for the following: ``(i) Costs described in subsection (d)(4) in connection with storage in an interim consolidated storage facility. ``(ii) Costs described in subsection (d)(5) in connection with an interim consolidated storage facility. ``(iii) Fees and costs described in subsection (d)(6). ``(C) The Secretary shall not expend, on fees for dry modes of storage of high-level radioactive waste or spent nuclear fuel, amounts totaling more than the cumulative amount of interest generated by the Waste Fund each fiscal year, beginning in fiscal year 2016.''.

Interim Consolidated Storage Act of 2015 This bill amends the Nuclear Waste Policy Act of 1982 to authorize the Department of Energy (DOE) to enter into new contracts (or modify existing contracts) with the licensee of an interim consolidated storage facility in order to take title to and store in it either high-level radioactive waste or spent nuclear fuel of domestic origin. The bill defines: "interim consolidated storage facility" as a facility licensed by the Nuclear Regulatory Commission for the storage of high-level radioactive waste or spent nuclear fuel received from DOE or from two or more persons that generate or hold title to such fuel generated at a civilian nuclear power reactor, and "high-level radioactive waste" as including Greater than Class C waste. The bill assigns priority to storage of such waste and spent fuel located on sites without an operating nuclear reactor. The bill makes appropriations targeted for the Nuclear Waste Fund available to pay for costs in connection with storage in an interim consolidated storage facility. Beginning in FY2016 DOE shall not expend, on fees for dry modes of storage of high-level radioactive waste or spent nuclear fuel, any amounts exceeding the cumulative amount of interest generated by the Fund each fiscal year.

Interim Consolidated Storage Act of 2015

SECTION 1. CLARIFICATION OF AUTHORITY. The Act entitled ``An Act to define the exterior boundary of the Uintah and Ouray Indian Reservation in the State of Utah, and for other purposes'', approved March 11, 1948 (62 Stat. 72), as amended by the Act entitled ``An Act to amend the Act extending the exterior boundary of the Uintah and Ouray Indian Reservation in the State of Utah so as to authorize such State to exchange certain mineral lands for other lands mineral in character'' approved August 9, 1955, (69 Stat. 544), is further amended by adding at the end the following: ``Sec. 5. In order to further clarify authorizations under this Act, the State of Utah is hereby authorized to relinquish to the United States, for the benefit of the Ute Indian Tribe of the Uintah and Ouray Reservation, State school trust or other State-owned subsurface mineral lands located beneath the surface estate delineated in Public Law 440 (approved March 11, 1948) and south of the border between Grand County, Utah, and Uintah County, Utah, and select in lieu of such relinquished lands, on an acre-for-acre basis, any subsurface mineral lands of the United States located beneath the surface estate delineated in Public Law 440 (approved March 11, 1948) and north of the border between Grand County, Utah, and Uintah County, Utah, subject to the following conditions: ``(1) Reservation by united states.--The Secretary of the Interior shall reserve an overriding interest in that portion of the mineral estate comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 171 et seq.) in any mineral lands conveyed to the State. ``(2) Extent of overriding interest.--The overriding interest reserved by the United States under paragraph (1) shall consist of-- ``(A) 50 percent of any bonus bid or other payment received by the State as consideration for securing any lease or authorization to develop such mineral resources; ``(B) 50 percent of any rental or other payments received by the State as consideration for the lease or authorization to develop such mineral resources; ``(C) a 6.25 percent overriding royalty on the gross proceeds of oil and gas production under any lease or authorization to develop such oil and gas resources; and ``(D) an overriding royalty on the gross proceeds of production of such minerals other than oil and gas, equal to 50 percent of the royalty rate established by the Secretary of the Interior by regulation as of October 1, 2011. ``(3) Reservation by state of utah.--The State of Utah shall reserve, for the benefit of its State school trust, an overriding interest in that portion of the mineral estate comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.) in any mineral lands relinquished by the State to the United States. ``(4) Extent of overriding interest.--The overriding interest reserved by the State under paragraph (3) shall consist of-- ``(A) 50 percent of any bonus bid or other payment received by the United States as consideration for securing any lease or authorization to develop such mineral resources on the relinquished lands; ``(B) 50 percent of any rental or other payments received by the United States as consideration for the lease or authorization to develop such mineral resources; ``(C) a 6.25 percent overriding royalty on the gross proceeds of oil and gas production under any lease or authorization to develop such oil and gas resources; and ``(D) an overriding royalty on the gross proceeds of production of such minerals other than oil and gas, equal to 50 percent of the royalty rate established by the Secretary of the Interior by regulation as of October 1, 2011. ``(5) No obligation to lease.--Neither the United States nor the State shall be obligated to lease or otherwise develop oil and gas resources in which the other party retains an overriding interest under this section. ``(6) Cooperative agreements.--The Secretary of the Interior is authorized to enter into cooperative agreements with the State and the Ute Indian Tribe of the Uintah and Ouray Reservation to facilitate the relinquishment and selection of lands to be conveyed under this section, and the administration of the overriding interests reserved hereunder. ``(7) Termination.--The overriding interest reserved by the Secretary of the Interior under paragraph (1), and the overriding interest reserved by the State under paragraph (3), shall automatically terminate 30 years after the date of enactment of this section.''.

Authorizes Utah to relinquish for the benefit of the Ute Indian Tribe of the Uintah and Ouray Reservation certain of its school trust or subsurface mineral lands south of the border between Grand County and Uintah County, Utah, in exchange for certain federal subsurface mineral lands north of that border. Directs the Secretary of the Interior to reserve an overriding interest in that portion of the mineral estate composed of minerals subject to leasing under the Mineral Leasing Act in the mineral lands conveyed to Utah. Delineates the extent of that interest. Requires Utah to reserve, for the benefit of its school trust, an overriding interest in that portion of the mineral estate composed of minerals subject to leasing under the Mineral Leasing Act in the mineral lands it relinquished to the federal government. Delineates the extent of that interest. Terminates the overriding interests reserved by the Secretary and Utah 30 years after this Act's enactment.

A bill to clarify authority granted under the Act entitled "An Act to define the exterior boundary of the Uintah and Ouray Indian Reservation in the State of Utah, and for other purposes".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crooked River Collaborative Water Security Act''. SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (72) and inserting the following: ``(72) Crooked, oregon.-- ``(A) In general.--The 14.75-mile segment from the National Grassland boundary to Dry Creek, to be administered by the Secretary of the Interior in the following classes: ``(i) The 7-mile segment from the National Grassland boundary to River Mile 8 south of Opal Spring, as a recreational river. ``(ii) The 7.75-mile segment from a point \1/4\-mile downstream from the center crest of Bowman Dam, as a recreational river. ``(B) Hydropower.--In any license application submitted to the Federal Energy Regulatory Commission relating to hydropower development (including turbines and appurtenant facilities) at Bowman Dam, the applicant, in consultation with the Director of the Bureau of Land Management, shall-- ``(i) analyze any impacts to the scenic, recreational, and fishery resource values of the Crooked River from the center crest of Bowman Dam to a point \1/4\-mile downstream that may be caused by the proposed hydropower development, including the future need to undertake routine and emergency repairs; ``(ii) propose measures to minimize and mitigate any impacts analyzed under clause (i); and ``(iii) propose designs and measures to ensure that any access facilities associated with hydropower development at Bowman Dam shall not impede the free-flowing nature of the Crooked River below Bowman Dam.''. SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. Section 4 of the Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 554; 78 Stat. 954) is amended-- (1) by striking ``during those months'' and all that follows through ``purpose of the project''; and (2) by adding at the end the following: ``Without further action by the Secretary of the Interior, beginning on the date of enactment of the Crooked River Collaborative Water Security Act, 5,100 acre-feet of water shall be annually released from the project to serve as mitigation for City of Prineville groundwater pumping, pursuant to and in a manner consistent with Oregon State law, including any shaping of the release of the water. The City of Prineville shall make payments to the Secretary for the water, in accordance with the Bureau of Reclamation document entitled `Water and Related Contract and Repayment Principles and Requirements', the Bureau of Reclamation Manual Directives and Standards numbered PEC 05-01 and dated September 12, 2006, and the document entitled `Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies' and dated March 10, 1983. Consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable Federal laws, the Secretary may contract exclusively with the City of Prineville for additional quantities of water, at the request of the City of Prineville.''. SEC. 4. ADDITIONAL PROVISIONS. The Act entitled ``An Act to authorize construction by the Secretary of the Interior of the Crooked River Federal reclamation project, Oregon'', approved August 6, 1956 (70 Stat. 1058; chapter 980; 73 Stat. 554; 78 Stat. 954), is amended by adding at the end the following: ``SEC. 6. FIRST FILL STORAGE AND RELEASE. ``Other than the 10 cubic feet per second release provided for in section 4, and subject to compliance with the flood curve requirements of the Corps of Engineers, the Secretary shall, on a `first fill' priority basis, store in and release from Prineville Reservoir, whether from carryover, infill, or a combination of both, the following: ``(1) 68,273 acre-feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011. ``(2) Not more than 2,740 acre-feet of water annually to supply the McKay Creek land, in accordance with section 5 of the Crooked River Collaborative Water Security Act. ``(3) 10,000 acre-feet of water annually, to be made available first to the North Unit Irrigation District, and subsequently to any other holders of Reclamation contracts existing as of January 1, 2011 (in that order), pursuant to Temporary Water Service Contracts, on the request of the North Unit Irrigation District or the contract holders, consistent with the same terms and conditions as prior such contracts between the Bureau of Reclamation and District or contract holders, as applicable. ``(4) 5,100 acre-feet of water annually to mitigate the City of Prineville groundwater pumping under section 4. ``SEC. 7. STORAGE AND RELEASE OF REMAINING STORED WATER QUANTITIES. ``(a) In General.--Other than the quantities provided for in section 4 and the `first fill' quantities provided for in section 6, and subject to compliance with the flood curve requirements of the Corps of Engineers, the Secretary shall store in and release from Prineville Reservoir all remaining stored water quantities for the benefit of downstream fish and wildlife. ``(b) Applicable Law.--If a consultation under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or an order of a court in a proceeding under that Act requires releases of stored water from Prineville Reservoir for fish and wildlife downstream of Bowman Dam, the Secretary shall use uncontracted stored water. ``(c) Annual Release Schedule.-- ``(1) In general.--The Commissioner of Reclamation shall develop annual release schedules for the remaining stored water quantities and the water serving as mitigation for City of Prineville groundwater pumping. ``(2) Guidance.--To the maximum extent practicable and unless otherwise prohibited by law, the Commissioner of Reclamation shall develop and implement the annual release schedules consistent with the guidance provided by the Confederated Tribes of the Warm Springs Reservation of Oregon and the State of Oregon to maximize biological benefit for downstream resources, based on consideration of the multiyear water needs of downstream fish and wildlife. ``(3) Comments from federal fish management agencies.--The National Marine Fisheries Service and the United States Fish and Wildlife Service shall have the opportunity to provide advice with respect to, and comment on, the annual release schedule developed by the Commissioner of Reclamation under this subsection. ``(d) Required Coordination.--The Commissioner of Reclamation shall perform traditional and routine activities in a manner that coordinates with and assists the Confederated Tribes of the Warm Springs Reservation of Oregon and the ability of the State of Oregon to monitor and request adjustments to releases for downstream fish and wildlife on an in-season basis as the Confederated Tribes of the Warm Springs Reservation of Oregon and the State of Oregon determine downstream fish and wildlife needs require. ``(e) Effect.--Nothing in this section affects the authority of the Commissioner of Reclamation to perform all other traditional and routine activities of the Commissioner of Reclamation. ``SEC. 8. EFFECT. ``Except as otherwise provided in this Act, nothing in this Act-- ``(1) modifies contractual rights that may exist between contractors and the United States under Reclamation contracts; ``(2) amends or reopens contracts referred to in paragraph (1); or ``(3) modifies any rights, obligations, or requirements that may be provided or governed by Federal or Oregon State law.''. SEC. 5. OCHOCO IRRIGATION DISTRICT. (a) Early Repayment.-- (1) In general.--Notwithstanding section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner within Ochoco Irrigation District, Oregon (referred to in this section as the ``district''), may repay, at any time, the construction costs of the project facilities allocated to the land of the landowner within the district. (2) Exemption from limitations.--Upon discharge, in full, of the obligation for repayment of the construction costs allocated to all land of the landowner in the district, the land shall not be subject to the ownership and full-cost pricing limitations of Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093)), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.). (b) Certification.--Upon the request of a landowner who has repaid, in full, the construction costs of the project facilities allocated to the land of the landowner within the district, the Secretary of the Interior shall provide the certification described in section 213(b)(1) of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm(b)(1)). (c) Contract Amendment.--On approval of the district directors and notwithstanding project authorizing authority to the contrary, the Reclamation contracts of the district are modified, without further action by the Secretary of the Interior-- (1) to authorize the use of water for instream purposes, including fish or wildlife purposes, in order for the district to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon State law; (2) to include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek, resulting in a total of approximately 44,937 acres within the district boundary; (3) to classify as irrigable approximately 685 acres within the approximately 2,742 acres of included land in the vicinity of McKay Creek, with those approximately 685 acres authorized to receive irrigation water pursuant to water rights issued by the State of Oregon if the acres have in the past received water pursuant to State water rights; and (4) to provide the district with stored water from Prineville Reservoir for purposes of supplying up to the approximately 685 acres of land added within the district boundary and classified as irrigable under paragraphs (2) and (3), with the stored water to be supplied on an acre-per-acre basis contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and the issuance of water rights by the State of Oregon for the use of stored water. (d) Limitation.--Except as otherwise provided in subsections (a) and (c), nothing in this section-- (1) modifies contractual rights that may exist between the district and the United States under the Reclamation contracts of the district; (2) amends or reopens the contracts referred to in paragraph (1); or (3) modifies any rights, obligations, or relationships that may exist between the district and any owner of land within the district, as may be provided or governed by Federal or Oregon State law. SEC. 6. DRY-YEAR MANAGEMENT PLANNING AND VOLUNTARY RELEASES. (a) Participation in Dry-Year Management Planning Meetings.--The Bureau of Reclamation shall participate in dry-year management planning meetings with the State of Oregon, the Confederated Tribes of the Warm Springs Reservation of Oregon, irrigation districts, and other interested stakeholders, to plan for dry-year conditions. (b) Frequency of Meetings.--The Bureau of Reclamation, in coordination with the parties referred to in subsection (a), shall participate in dry-year management planning meetings each year, in early spring and late summer, and as needed at other times. (c) Dry-Year Management Plan.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Bureau of Reclamation shall develop a dry-year management plan in coordination with the parties referred to in subsection (a). (2) Requirements.--The plan developed under paragraph (1) shall only recommend strategies, measures, and actions that all parties referred to in subsection (a) voluntarily agree to implement. (3) Limitations.--Nothing in the plan developed under paragraph (1) shall be mandatory or self-implementing. (d) Voluntary Release.--In any year, if North Unit Irrigation District or other eligible Bureau of Reclamation contract holders have not initiated contracting with the Bureau of Reclamation for any quantity of the 10,000 acre-feet of water described in paragraph (3) of section 6 of the Act of August 6, 1956 (70 Stat. 1058) (as added by section 4), by June 1 of any calendar year, with the voluntary agreement of North Unit Irrigation District and other Bureau of Reclamation contract holders referred to in that paragraph, the Secretary may release that quantity of water for the benefit of downstream fish and wildlife as described in section 7 of that Act. SEC. 7. RELATION TO EXISTING LAWS AND STATUTORY OBLIGATIONS. Nothing in this Act (or an amendment made by this Act)-- (1) provides to the Secretary the authority to store and release the ``first fill'' amounts provided for in section 6 of the Act of August 6, 1956 (70 Stat. 1058) (as added by section 4) for any purposes other than the purposes provided for in that section, except for-- (A) the potential instream use resulting from conserved water projects and temporary instream leasing as provided for in section 5(c)(1); (B) the potential release of additional amounts that may result from voluntary actions agreed to through the dry-year Management developed under section 6(c); and (C) the potential release of the 10,000 acre-feet for downstream fish and wildlife as provided for in section 6(d); (2) alters any responsibilities under Oregon State law or Federal law, including section 7 of the Endangered Species Act (16 U.S.C. 1536); or (3) alters the authorized purposes of the Crooked River Project provided in the first section of the Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 554; 78 Stat. 954).

Crooked River Collaborative Water Security Act - Amends the Wild and Scenic Rivers Act to modify the boundary of the Crooked River, Oregon. Requires an applicant, in any application submitted to the Federal Energy Regulatory Commission (FERC) relating to hydropower development at Bowman Dam (including turbines and appurtenant facilities), to: (1) analyze any impacts to the scenic, recreational, and fishery resource values of the Crooked River that may be caused by development; (2) propose mitigation for such impacts; and (3) propose measures to ensure that any associated access facilities shall not impede the free-flowing nature of the River below the Dam. Requires 5,100 acre-feet of water to be annually released from the Crooked River federal reclamation project in Oregon to serve as mitigation for the city of Prineville groundwater pumping, pursuant to Oregon law. Directs the city to make payment to the Secretary for such water in accordance with specified documents. Authorizes the Secretary, consistent with the National Environmental Policy Act of 1969 (NEPA), to contract exclusively with the city for additional amounts in the future at the city's request. Directs the Secretary, on a "first fill" priority basis, to store in and release from the Reservoir: (1) 68,273 acre feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011; (2) up to 2,740 acre feet of water annually to supply the McKay Creek lands; (3) 10,000 acre feet of water annually to the North Unit Irrigation District or the contract holders, upon request, pursuant to Temporary Water Service Contracts; and (4) 5,100 acre-feet of water annually to mitigate the city's groundwater pumping. Directs the Secretary to store and release from Prineville Reservoir all remaining stored water quantities for the benefit of downstream fish and wildlife, except as specified. Directs the Commissioner of Reclamation to implement annual release schedules for the remaining stored water quantities and the water that serves as mitigation for the city's groundwater pumping to maximize biological benefit for downstream resources. Authorizes any landowner within Ochoco Irrigation District, Oregon, to repay construction costs of project facilities allocated to that landowner's lands within that District. Provides that upon discharge of the obligation for repayment of allocated construction costs, those lands shall not be subject to specified ownership and full-cost pricing limitations. Requires the Secretary of the Interior, upon the request of a landowner who has repaid project construction costs, to provide certification of freedom from ownership and pricing limitations. Modifies the District's reclamation contracts on approval of the District directors to: (1) authorize the use of water for instream purposes in order for the District to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon law; and (2) include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek, classify approximately 685 of such acres as irrigable, and provide the District with stored water from Prineville Reservoir for purposes of supplying those lands. Directs the Bureau of Reclamation to participate in management planning meetings every year with the state, the Confederated Tribes of the Warm Springs Reservation of Oregon, irrigation districts, and other interested stakeholders to plan for dry-year conditions. Authorizes the Secretary, in any year, to release any quantity of 10,000 acre-feet of specified water for the benefit of downstream fish and wildlife if the North Unit Irrigation District or other eligible Reclamation contract holders have not initiated contracting with the Bureau for any quantity of such water by June 1 of any year.

A bill to amend the Wild and Scenic Rivers Act to adjust the Crooked River boundary, to provide water certainty for the City of Prineville, Oregon, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities of Color Teenage Pregnancy Prevention Act of 2011''. SEC. 2. FINDINGS. Congress finds as follows: (1) Teenage pregnancy is one of the most critical issues facing the Nation today. The United States has the highest teenage pregnancy rate of any developed nation, with nearly 750,000 teenage girls between the ages of 15 and 19 becoming pregnant each year, and 82 percent of those pregnancies unplanned. (2) For the first time in more than a decade, between 2005 and 2006, the teenage pregnancy rate in the United States rose 3 percent. The decrease in teenage pregnancy rates in the 1990s was overwhelmingly the result of more and better use of contraceptives. (3) Nationally, teenage pregnancy has significant fiscal implications, costing taxpayers at least $10,900,000,000 annually. (4) Communities of color are disproportionately affected by teenage pregnancy. Fifty-two percent of Latinas and 50 percent of African-American girls will become pregnant at least once before they turn 20. In comparison, only 19 percent of non- Hispanic white teenage girls under the age of 20 become pregnant. (5) Between 2007 and 2009, the teen birth rate decreased for most communities of color, however the birth rates for Hispanic, African-American, and Native American teenagers continue to be much higher than other racial and ethnic groups. (6) Research shows that starting a family too soon may have significant social, educational, and financial impacts on the lives of young people. Less than half of teenage mothers finish high school and less than 2 percent go on to finish college, making it difficult to find and maintain a job. (7) Research also shows that teenage dating violence and abuse are serious public health problems and are associated with higher levels of teenage pregnancy and unplanned pregnancy. Adolescent girls in physically abusive relationships are 3 times more likely to become pregnant than non-abused girls. (8) Promoting and building healthy relationships are fundamental to preventing teenage pregnancies and unplanned pregnancies. SEC. 3. PROGRAMS TO REDUCE TEENAGE PREGNANCIES. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART W--PROGRAMS TO REDUCE TEENAGE PREGNANCIES ``SEC. 399OO. PURPOSE. ``It is the purpose of this part to develop and carry out research and demonstration projects on new and existing program interventions to provide youth in racial or ethnic minority or immigrant communities the information and skills needed to reduce teenage pregnancies, build healthy relationships, and improve overall health and well-being. ``SEC. 399OO-1. DEMONSTRATION GRANTS TO REDUCE TEENAGE PREGNANCIES. ``(a) In General.--The Secretary shall award competitive grants to eligible entities for establishing or expanding programs to provide youth in racial or ethnic minority or immigrant communities the information and skills needed to avoid teen pregnancy and develop healthy relationships. ``(b) Priority.--In awarding grants under this section, the Secretary shall give priority to applicants-- ``(1) proposing to carry out programs in racial or ethnic minority or immigrant communities; ``(2) that have a demonstrated history of effectively working with such targeted communities; or ``(3) that have a demonstrated history of engaging in a meaningful and significant partnership with such targeted communities. ``(c) Program Settings.--Funds received under this section shall be used to provide information and skills as described in subsection (a)-- ``(1) through classroom-based settings, such as school health education, humanities, language arts, or family and consumer science education; ``(2) through after-school programs; ``(3) through community-based programs; ``(4) through workforce development programs; ``(5) through health care settings; or ``(6) in collaboration with systems that serve large numbers of at-risk youth, such as juvenile justice or foster care systems. ``(d) Program Requirements.--As a condition of receipt of a grant under this section, an entity shall agree that, with respect to information and skills provided through the grant-- ``(1) such information and skills will be-- ``(A) age-appropriate; ``(B) evidence-based or evidence-informed; ``(C) provided in accordance with section 399OO- 5(b); and ``(D) culturally sensitive and relevant to the target populations; and ``(2) any information about contraceptives shall include the health benefits and side effects of all contraceptives and barrier methods. ``(e) Evaluation.--Of the total amount made available to carry out this section for a fiscal year, the Secretary, acting through the Director of the Centers for Disease Control and Prevention and other agencies as appropriate, shall allot up to 10 percent of such amount to carry out a rigorous, independent evaluation to determine the extent and the effectiveness of activities funded through this section in changing attitudes and behavior of teens with respect to healthy relationships and childbearing. ``(f) Grants for Indian Tribes or Tribal Organizations.--Of the total amount made available to carry out this section for a fiscal year, the Secretary shall reserve 5 percent of such amount to award grants under this section to Indian tribes and tribal organizations in such manner, and subject to such requirements, as the Secretary, in consultation with Indian tribes and tribal organizations, determines appropriate. ``(g) Eligible Entity Defined.-- ``(1) In general.--In this section, the term `eligible entity' means a State, local, or tribal agency, a school or postsecondary institution, an after-school program, a nonprofit organization, or a community or faith-based organization. ``(2) Preventing exclusion of smaller community-based organizations.--In carrying out this section, the Secretary shall ensure that the amounts and requirements of grants provided under this section do not preclude receipt of such grants by community-based organizations with a demonstrated history of effectively working with adolescents in racial or ethnic minority or immigrant communities or engaged in meaningful and significant partnership with the targeted community. ``SEC. 399OO-2. MULTIMEDIA CAMPAIGNS TO REDUCE TEENAGE PREGNANCIES. ``(a) In General.--The Secretary shall award competitive grants to public or private entities to carry out multimedia campaigns to provide public education and increase public awareness regarding teenage pregnancy and related social and emotional issues, such as violence prevention. ``(b) Priority.--In awarding grants under this section, the Secretary shall give priority to applicants proposing to carry out campaigns developed for racial or ethnic minority or immigrant communities. ``(c) Information To Be Provided.--As a condition of receipt of a grant under this section, an entity shall agree to use the grant to carry out multimedia campaigns described in subsection (a) that-- ``(1) at a minimum, provide information on-- ``(A) the prevention of teenage pregnancy; and ``(B) healthy relationship development; and ``(2) may provide information on the prevention of dating violence. ``SEC. 399OO-3. RESEARCH ON REDUCING TEENAGE PREGNANCIES AND TEEN DATING VIOLENCE AND IMPROVING HEALTHY RELATIONSHIPS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make grants to public and private entities to conduct, support, or coordinate research on teen pregnancy, dating violence, and healthy relationships among racial or ethnic minority or immigrant communities that-- ``(1) improve data collection on-- ``(A) sexual and reproductive health, including teenage pregnancies and births, among all minority communities and subpopulations in which such data are not collected, including American Indian and Alaska Native youth; ``(B) sexual behavior, sexual or reproductive coercion, and teenage contraceptive use patterns at the State level, as appropriate; and ``(C) teenage pregnancies among youth in, and aging out of, foster care or juvenile justice systems and the underlying factors that lead to teenage pregnancy among youth in foster care or juvenile justice systems; and ``(2) investigate-- ``(A) the variance in the rates of teenage pregnancy by-- ``(i) racial and ethnic group, including Hispanic, Asian, African-American, Pacific Islander, American Indian, and Alaskan Native; ``(ii) socioeconomic status, taking into account income of the family and education attainment; ``(B) factors affecting young people's risk of teenage pregnancy or dating abuse, including the physical and social environment, level of acculturation, access to healthcare, aspirations for the future, and history of physical or sexual violence or abuse; ``(C) the role that violence and abuse play in teenage sex, pregnancy, and childbearing; ``(D) strategies to address the disproportionate rates of teenage pregnancies and dating violence in racial or ethnic minority or immigrant communities; ``(E) how effective interventions can be replicated or adapted in other settings to serve racial or ethnic minority or immigrant communities; and ``(F) the effectiveness of media campaigns addressing healthy relationship development, dating violence prevention, and teenage pregnancy; or ``(3) test research-based strategies for addressing high rates of unintended teenage pregnancy through programs that emphasize healthy relationships and violence prevention. ``(b) Priority.--In carrying out this section, the Secretary shall give priority to research that incorporates-- ``(1) interdisciplinary approaches; ``(2) a strong emphasis on community-based participatory research; or ``(3) translational research. ``SEC. 399OO-4. ADOLESCENT HEALTH WORK GROUP. ``(a) In General.--Not later than 30 days after the date of the enactment of the Communities of Color Teenage Pregnancy Prevention Act of 2011, the Secretary shall direct the Interagency Adolescent Health Work Group within the Office of Adolescent Health of the Department of Health and Human Services to include teen dating violence prevention and healthy teen relationship strategies in the work of such group, with a particular focus among racial or ethnic minority or immigrant communities, in consultation with the Interagency Working Group on Teen Dating Violence chaired by the Department of Justice. ``(b) Report Requirement.--The Secretary shall periodically submit to Congress a report containing-- ``(1) a review of the evidence-based programs identified by the Adolescent Health Work Group; and ``(2) a description of such programs that include teen dating violence and healthy teen relationships as part of the strategy to prevent teen pregnancy. ``SEC. 399OO-5. GENERAL REQUIREMENTS. ``(a) Applications.--An entity seeking a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require. ``(b) Additional Requirements.--The Secretary may award a grant under this part only if the applicant involved agrees that information, activities, and services provided under the grant-- ``(1) will be evidence-based or evidence informed; ``(2) will be factually and medically accurate and complete; and ``(3) in the case of a grant program directed to a particular population group, will be provided in an appropriate language and cultural context. ``(c) Training and Technical Assistance.-- ``(1) In general.--Of the total amount made available to carry out this part for a fiscal year, the Secretary shall use 10 percent to provide, directly or through a competitive grant process, training and technical assistance to the grant recipients under this part, including by disseminating research and information regarding effective and promising practices, providing consultation and resources on a broad array of teenage and unintended pregnancy and violence prevention strategies, and developing resources and materials. ``(2) Collaboration.--In carrying out this subsection, the Secretary shall collaborate with entities that have expertise in the prevention of teenage pregnancy, healthy relationship development, minority health and health disparities, and violence prevention. ``SEC. 399OO-6. DEFINITIONS. ``In this part: ``(1) Medically accurate and complete.--The term `medically accurate and complete' means, with respect to information, activities, or services-- ``(A) verified or supported by the weight of research conducted in compliance with accepted scientific methods; and ``(B)(i) published in peer-reviewed journals, where applicable; or ``(ii) comprising information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. ``(2) Racial or ethnic minority or immigrant communities.-- The term `racial or ethnic minority or immigrant communities' means communities with a substantial number of residents who are members of racial or ethnic minority groups or who are immigrants. ``(3) Reproductive coercion.--The term `reproductive coercion' means, with respect to a person, coercive behavior that interferes with the ability of the person to control the reproductive decisionmaking, such as intentionally exposing such person to sexually transmitted infections, in the case such person is a female, attempting to impregnate such person against her will, intentionally interfering with the person's birth control, or threatening or acting violently if the person does not comply with the perpetrator's wishes regarding contraception or the decision whether to terminate or continue a pregnancy. ``(4) Youth.--The term `youth' means individuals who are 11 to 19 years of age. ``SEC. 399OO-7. REPORTS. ``(a) Report on the Use of Funds.--Not later than 1 year after the date of enactment of the Communities of Color Teenage Pregnancy Prevention Act of 2011, the Secretary shall submit to Congress a report on the use of funds provided under this part. ``(b) Report on the Impact of Programs.--Not later than March 1, 2016, the Secretary shall submit to Congress a report on the impact that the programs under this part had on reducing teenage pregnancy. ``SEC. 399OO-8. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this part such sums as may be necessary for each of the fiscal years 2012 through 2016. ``(b) Availability.--Amounts appropriated under subsection (a)-- ``(1) are authorized to remain available until expended; and ``(2) are in addition to amounts otherwise made available for such purposes.''.

Communities of Color Teenage Pregnancy Prevention Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award grants for programs to provide youth in racial or ethnic minority or immigrant communities the information and skills needed to avoid teen pregnancy and develop healthy relationships. Allows up to 10% of amounts made available for this Act to be allotted for a rigorous, independent evaluation of grant activities. Requires the Secretary to award grants for multimedia campaigns to provide public education and increase public awareness regarding teenage pregnancy and related social and emotional issues. Requires the Director of the Center for Disease Control and Prevention (CDC) to make grants for research on teen pregnancy, dating violence, and healthy relationships among racial or ethnic minority or immigrant communities. Requires the Secretary to direct the interagency adolescent health workgroup within the Office of Adolescent Health to include teen dating violence prevention and healthy teen relationship strategies in the work of such group, with a particular focus among racial or ethnic minority or immigrant communities, in consultation with the Federal Interagency Workgroup on Teen Dating Violence chaired by the Department of Justice (DOJ).

A bill to authorize the Secretary of Health and Human Services to carry out programs to provide youth in racial or ethnic minority or immigrant communities the information and skills needed to reduce teenage pregnancies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Health Research Act of 1993''. SEC. 2. ESTABLISHMENT OF OFFICE OF RESEARCH ON WOMEN'S HEALTH. (a) In General.--Title IV of the Public Health Service Act, as amended by section 2 of Public Law 101-613, is amended-- (1) by redesignating section 486 as section 485A; (2) by redesignating parts F through H as parts G through I, respectively; and (3) by inserting after part E the following new part: ``Part F--Research on Women's Health ``SEC. 486. OFFICE OF RESEARCH ON WOMEN'S HEALTH. ``(a) Establishment.--There is established within the Office of the Director of NIH an office to be known as the Office of Research on Women's Health (in this part referred to as the `Office'). The Office shall be headed by a director, who shall be appointed by the Director of NIH. ``(b) Purpose.--The Director of the Office shall-- ``(1) identify projects of research on women's health that should be conducted or supported by the national research institutes; ``(2) identify multidisciplinary research relating to research on women's health that should be so conducted or supported; ``(3) carry out paragraphs (1) and (2) with respect to the aging process in women, with priority given to menopause; ``(4) promote coordination and collaboration among entities conducting research identified under any of paragraphs (1) through (3); ``(5) encourage the conduct of such research by entities receiving funds from the national research institutes; ``(6) recommend an agenda for conducting and supporting such research; ``(7) promote the sufficient allocation of the resources of the national research institutes for conducting and supporting such research; ``(8) ensure that women are appropriately represented as subjects in projects of clinical research conducted or supported by the national research institutes; and ``(9) prepare the report required in section 486B. ``(c) Coordinating Committee.-- ``(1) In carrying out subsection (b), the Director of the Office shall establish a committee to be known as the Coordinating Committee on Research on Women's Health (hereafter in this subsection referred to as the `Coordinating Committee'). ``(2) The Coordinating Committee shall be composed of the Directors of the national research institutes (or the designees of the Directors). ``(3) The Director of the Office shall serve as the chair of the Coordinating Committee. ``(4) With respect to research on women's health, the Coordinating Committee shall assist the Director of the Office in-- ``(A) identifying the need for such research, and making an estimate each fiscal year of the funds needed to adequately support the research; ``(B) identifying needs regarding the coordination of research activities, including intramural and extramural multidisciplinary activities; ``(C) supporting the development of methodologies to determine the circumstances in which obtaining data specific to women (including data relating to the age of women and the membership of women in ethnic or racial groups) is an appropriate function of clinical trials of treatments and therapies; ``(D) supporting the development and expansion of clinical trials of treatments and therapies for which obtaining such data has been determined to be an appropriate function; and ``(E) encouraging the national research institutes to conduct and support such research, including such clinical trials. ``(d) Advisory Committee.-- ``(1) In carrying out subsection (b), the Director of the Office shall establish an advisory committee to be known as the Advisory Committee on Research on Women's Health (hereafter in this subsection referred to as the `Advisory Committee'). ``(2) The Advisory Committee shall be composed of no fewer than 12, and not more than 18 individuals, who are not officers or employees of the Federal Government. The Director of the Office shall make appointments to the Advisory Committee from among physicians, practitioners, scientists, and other health professionals, whose clinical practice, research specialization, or professional expertise includes a significant focus on research on women's health. A majority of the members of the Advisory Committee shall be women. ``(3) The Director of the Office shall serve as the chair of the Advisory Committee. ``(4) The Advisory Committee shall-- ``(A) advise the Director of the Office on appropriate research activities to be undertaken by the national research institutes with respect to-- ``(i) research on women's health; ``(ii) research on gender differences in clinical drug trials, including responses to pharmacological drugs; ``(iii) research on gender differences in disease etiology, course, and treatment; ``(iv) research on obstetrical and gynecological health conditions, diseases, and treatments; and ``(v) research on women's health conditions which require a multidisciplinary approach; ``(B) report to the Director of the Office on such research; ``(C) provide recommendations to such Director regarding activities of the Office (including recommendations on the development of the methodologies described in subsection (c)(4)(C) and recommendations on priorities in carrying out research described in subparagraph (A)); and ``(D) assist in monitoring compliance with section 486(b)(8) regarding the inclusion of women in clinical research. ``(5)(A) The Advisory Committee shall prepare a biennial report describing the activities of the Committee, including findings made by the Committee regarding-- ``(i) compliance with section 486(b)(8); ``(ii) the extent of expenditures made for research on women's health by the agencies of the National Institutes of Health; and ``(iii) the level of funding needed for such research. ``(B) The report required in subparagraph (A) shall be submitted to the Director of NIH for inclusion in the report required in section 403. ``(e) Representation of Women Among Researchers.--The Secretary, acting through the Assistant Secretary for Personnel and in collaboration with the Director of the Office, shall determine the extent to which women are represented among senior physicians and scientists of the national research institutes and among physicians and scientists conducting research with funds provided by such institutes, and as appropriate, carry out activities to increase the extent of such representation. ``(f) Definitions.--For purposes of this part: ``(1) The term `women's health conditions', with respect to women of all age, ethnic, and racial groups, means all diseases, disorders, and conditions (including with respect to mental health)-- ``(A) unique to, more serious, or more prevalent in women; ``(B) for which the factors of medical risk or types of medical intervention are different for women, or for which it is unknown whether such factors or types are different for women; or ``(C) with respect to which there has been insufficient clinical research involving women as subjects or insufficient clinical data on women. ``(2) The term `research on women's health' means research on women's health conditions, including research on preventing such conditions. ``SEC. 486A. NATIONAL DATA SYSTEM AND CLEARINGHOUSE ON RESEARCH ON WOMEN'S HEALTH. ``(a) Data System.-- ``(1) The Director of NIH, in consultation with the Director of the Office, shall establish a data system for the collection, storage, analysis, retrieval, and dissemination of information regarding research on women's health that is conducted or supported by the national research institutes. Information from the data system shall be available through information systems available to health care professionals and providers, researchers, and members of the public. ``(2) The data system established under paragraph (1) shall include a registry of clinical trials of experimental treatments that have been developed for research on women's health. Such registry shall include information on subject eligibility criteria, sex, age, ethnicity or race, and the location of the trial site or sites. Principal investigators of such clinical trials shall provide this information to the registry within 30 days after it is available. Once a trial has been completed, the principal investigator shall provide the registry with information pertaining to the results, including potential toxicities or adverse effects associated with the experimental treatment or treatments evaluated. ``(b) Clearinghouse.--The Director of NIH, in consultation with the Director of the Office and with the National Library of Medicine, shall establish, maintain, and operate a program to provide information on research and prevention activities of the national research institutes that relate to research on women's health. ``SEC. 486B. BIENNIAL REPORT. ``(a) In General.--With respect to research on women's health, the Director of the Office shall, not later than February 1, 1994, and biennially thereafter, prepare a report-- ``(1) describing and evaluating the progress made during the preceding 2 fiscal years in research and treatment conducted or supported by the National Institutes of Health; ``(2) describing and analyzing the professional status of women physicians and scientists of such Institutes, including the identification of problems and barriers regarding advancements; ``(3) summarizing and analyzing expenditures made by the agencies of such Institutes (and by such Office) during the preceding 2 fiscal years; and ``(4) making such recommendations for legislative and administrative initiatives as the Director of the Office determines to be appropriate. ``(b) Inclusion in Biennial Report of Director of NIH.--The Director of the Office shall submit each report prepared under subsection (a) to the Director of NIH for inclusion in the report submitted to the President and the Congress under section 403. ``SEC. 486C. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this part, there are authorized to be appropriated $25,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. (b) Requirement of Sufficient Allocation of Resources of Institutes.--Section 402(b) of the Public Health Service Act (42 U.S.C. 282(b)) is amended-- (1) in paragraph (10), by striking ``and'' after the semicolon at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (11) the following new paragraph: ``(12) after consultation with the Director of the Office of Research on Women's Health, shall ensure that resources of the National Institutes of Health are sufficiently allocated for projects of research on women's health that are identified under section 486(b).''. SEC. 3. OBSTETRICS AND GYNECOLOGY PROGRAM OF NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT. Subpart 7 of part C of title IV of the Public Health Service Act (42 U.S.C. 285g et seq.) is amended by adding at the end the following section: ``program regarding obstetrics and gynecology ``Sec. 452A. The Director of the Institute shall establish and maintain within the Institute an intramural laboratory and clinical research program in obstetrics and gynecology.''.

Women's Health Research Act of 1993 - Amends the Public Health Service Act to establish within the Office of the Director of the National Institutes of Health (NIH) the Office of Research on Women's Health (Office). Establishes in the Office the Coordinating Committee on Research on Women's Health and the Advisory Committee on Research on Women's Health. Directs the Secretary to: (1) determine the extent to which women are represented among senior physicians and scientists of the national research institutes and among physicians and scientists conducting research with funds provided by such institutes; and (2) carry out activities, as appropriate, to increase the extent of such representation. Requires the NIH Director to establish a data system for the collection, analysis, and dissemination of information regarding research on women's health conducted or supported by the national research institutes, including a registry of clinical trials of experimental treatments. Requires the NIH Director to establish and operate a program to provide information on research and prevention activities of the the national research institutes that relate to research on women's health. Authorizes appropriations. Directs the Secretary of Health and Human Services to ensure that NIH resources are sufficiently allocated for projects of research on women's health.

Women's Health Research Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Runaway and Homeless Youth Reauthorization Act of 1996''. SEC. 2. JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974. (a) Runaway and Homeless Youth.--Section 385 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5733) is amended to read as follows: ``authorization of appropriations ``Sec. 385. (a)(1) There are authorized to be appropriated to carry out this title (other than part B and section 344) $75,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000. ``(2) Not less than 90 percent of the funds appropriated under paragraph (1) for a fiscal year shall be available to carry out section 311(a) in such fiscal year. ``(3) After making the allocation required by paragraph (2), the Secretary shall reserve for the purpose of carrying out section 331 not less than $911,700 for each of the fiscal years 1997, 1998, 1999, and 2000. ``(4) In the use of funds appropriated under paragraph (1) that are in excess of $38,000,000 but less than $42,600,000, priority may be given to awarding enhancement grants to programs (with priority to programs that receive grants of less than $85,000), for the purpose of allowing such programs to achieve higher performance standards, including-- ``(A) increasing and retaining trained staff; ``(B) strengthening family reunification efforts; ``(C) improving aftercare services; ``(D) fostering better coordination of services with public and private entities; ``(E) providing comprehensive services, including health and mental health care, education, prevention and crisis intervention, and vocational services; and ``(F) improving data collection efforts. ``(5) In the use of funds appropriated under paragraph (1) that are in excess of $42,599,999-- ``(A) 50 percent may be targeted at developing new programs in unserved or underserved communities; and ``(B) 50 percent may be targeted at program enhancement activities described in paragraph (4). ``(b)(1) Subject to paragraph (2), there are authorized to be appropriated to carry out part B of this title $25,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000. ``(2) No funds may be appropriated to carry out part B of this title for a fiscal year unless the aggregate amount appropriated for such fiscal year to carry out part A of this title exceeds $26,900,000. ``(c) There is authorized to be appropriated to carry out section 344 of this title $1,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000. ``(d) The Secretary (through the Administration on Children, Youth and Families which shall administer this title) shall consult with the Attorney General (through the Administrator of the Office of Juvenile Justice and Delinquency Prevention) for the purpose of coordinating the development and implementation of programs and activities funded under this title with those related programs and activities funded under title II of this Act and under the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701 et seq.). ``(e) No funds appropriated to carry out the purposes of this title-- ``(1) may be used for any program or activity which is not specifically authorized by this title; or ``(2) may be combined with funds appropriated under any other Act if the purpose of combining such funds is to make a single discretionary grant or a single discretionary payment unless such funds are separately identified in all grants and contracts and are used for the purposes specified in this title.''. (b) Missing Children's Assistance.--Section 408 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5777) is amended to read as follows: ``authorization of appropriations ``Sec. 408. To carry out the provisions of this title, there are authorized to be appropriated $6,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.''. (c) Incentive Grants for Local Delinquency Prevention Programs.-- Section 506 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5785) is amended to read as follows: ``authorization of appropriations ``Sec. 506. To carry out this title, there are authorized to be appropriated $30,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.''. SEC. 3. ANTI-DRUG ABUSE ACT OF 1986. (a) Drug Education and Prevention Relating to Youth Gangs.--Section 3505 of the Anti-Drug Abuse Act of 1986 (42 U.S.C. 11805) is amended to read as follows: ``SEC. 3505. AUTHORIZATION OF APPROPRIATIONS. ``To carry out this chapter, there are authorized to be appropriated $16,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.''. (b) Program For Runaway and Homeless Youth.--Section 3513 of the Anti-Drug Abuse Act of 1986 (42 U.S.C. 11823) is amended to read as follows: ``SEC. 3513. AUTHORIZATION OF APPROPRIATIONS. ``To carry out this chapter, there are authorized to be appropriated $16,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.''. SEC. 4. CRIME CONTROL ACT OF 1990. Section 214B of the Crime Control Act of 1990 (42 U.S.C. 13004) is amended to read as follows: ``SEC. 214B. AUTHORIZATION OF APPROPRIATIONS. ``(a) Sections 213 and 214.--There are authorized to be appropriated to carry out sections 213 and 214 $15,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000. ``(b) Section 214A.--There are authorized to be appropriated to carry out section 214A $5,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.''.

Runaway and Homeless Youth Reauthorization Act of 1996 - Reauthorizes the Runaway and Homeless Youth Act and the Missing Children's Assistance Act for FY 1997 through 2000. Sets priorities and permissible uses with respect to funds in excess of specified amounts allocated under the Runaway and Homeless Youth Act. Authorizes appropriations for FY 1997 through 2000 under: (1) the Juvenile Justice and Delinquency Prevention Act of 1974 for incentive grants for local delinquency prevention programs; (2) the Anti-Drug Abuse Act of 1986 for drug education and prevention relating to youth gangs and for a runaway and homeless youth program; and (3) the Crime Control Act of 1990 to improve the investigation and prosecution of child abuse cases.

Runaway and Homeless Youth Reauthorization Act of 1996

SECTION 1. EXECUTIVE ORDER 12898. The provisions of Executive Order 12898, dated February 11, 1994, pertaining to Federal actions to address environmental justice in minority populations and low-income populations, shall remain in force until changed by law. In carrying out such executive order, the provisions of this Act shall apply. SEC. 2. ADDITIONAL PROVISIONS RELATING TO ENVIRONMENTAL JUSTICE. (a) Definition of Environmental Justice.--For purposes of Executive Order 12898, environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, educational level, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Environmental justice seeks to ensure that minority and low- income communities have adequate access to public information relating to human health and environmental planning, regulations, and enforcement. Environmental justice ensures that no population, especially the elderly and children, are forced to shoulder a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazard. (b) Identification and Prioritization of Environmental Justice Communities.--For purposes of Executive Order 12898, criteria for defining an environmental justice community shall include demographic characteristics, such as percentages of minority and low-income residents within an area, as well as-- (1) health vulnerabilities, such as cancer mortality and incidence rate, infant mortality, low birth weight, asthma, and childhood lead poisoning; and (2) environmental conditions, such as facility density and proximity to Corrective Action/Superfund Sites, Enforcement Data (percent and number of uninspected facilities, percent and number of unaddressed violations, average and total penalty and air nonattainment status), emissions, attainment status, indoor air issues, 305b stream data, fish advisories, beach closings, and truck traffic. (c) Establishment of Offices of Environmental Justice.--For purposes of Executive Order 12898, each of the following shall establish an Office of Environmental Justice: (1) Department of Defense. (2) Department of Justice. (3) Department of the Interior. (4) Department of Agriculture. (5) Department of Commerce. (6) Department of Labor. (7) Department of Health and Human Services. (8) Department of Housing and Urban Development. (9) Department of Transportation. (10) Department of Energy. (11) Department of Homeland Security (12) Environmental Protection Agency. (13) Office of Management and Budget. (14) Office of Science and Technology Policy. (15) Office of the Deputy Assistant to the President for Environmental Policy. (16) Office of the Assistant to the President for Domestic Policy. (17) National Economic Council. (18) Council of Economic Advisers. (19) Such other Government officials as the President may designate. (d) Integration of Environmental Justice Policies in Agency Actions.--For purposes of the environmental justice strategies developed by agencies under Executive Order 12898, each agency shall integrate the strategy into the operation and mission of the agency and explicitly address compliance with this Act, including in the following activities: (1) Future rulemaking activities. (2) The development of any future guidance, environmental reviews (including NEPA, CAA, Federal Land Policy Act), regulation, or procedures for Federal agency programs, policies, or activities that affect human health or the environment. (e) Interagency Federal Working Group Coordination and Guidance.-- The interagency Federal Working Group on Environmental Justice (in this section referred to as the ``Working Group'') shall-- (1) coordinate an integrated environmental justice training plan for the Federal agencies and offices listed in subsection (c); (2) formalize public participation efforts; (3) survey the Federal agencies and offices to determine what is effective and how to best facilitate outreach without duplicating efforts; (4) develop a strategy for allocating responsibilities and ensuring participation, even when faced with competing agency priorities; and (5) coordinate plans to communicate research results so reporting and outreach activities produce more useful and timely information. (f) Agency Public Participation Efforts.-- (1) Outreach efforts.--Each Federal agency listed in subsection (c) shall carry out and report outreach activities to the Working Group, including the following: (A) Respond directly to inquiries from the public and other stakeholders. (B) Maintain websites and listservers. (C) Produce and distribute hardcopy documents and multimedia products. (D) Conduct or sponsor briefings, lectures, and press conferences. (E) Testify before Congress or other government bodies. (F) Finance scholarships, fellowships, and internships. (G) Support museum exhibits and other public displays. (H) Sponsor, participate, or otherwise contribute to meetings attended by stakeholders. (I) Provide scientifically-sound content for K-12 education activities; and (J) fund outreach efforts managed outside the Federal Government. (2) Stakeholders.--To ensure their active public participation and to provide input early in environmental decision-making, Federal agencies along with the Working Group shall develop ways to enhance partnerships and coordination with stakeholders, including affected communities, Federal, Tribal, State, and local governments, environmental organizations, nonprofit organizations, academic institutions (including Historically Black Colleges and Universities (HBCUs), Hispanic Serving Institutions (HSIs), and Tribal Colleges), and business and industry. (g) Community Technology Centers.-- (1) In general.--Federal agencies shall fund community technology centers to assist with technical assistance issues in the environmental justice area. (2) Description.--In this subsection, the term ``community technology center'' (CTC) refers to programs with the goal of providing at least 10 hours of open access a week for anyone in a community, especially youth and adults in low-income urban and rural communities, for purposes of providing technical assistance to communities experiencing issues of environmental hazards. (3) Location.--A community technology center may be located in places such as libraries, community centers, schools, churches, social service agencies, low-income residential housing complexes, and Minority Academic Institutions (such as Historically Black Colleges and Universities, Hispanic Serving Institutions, and Tribal Colleges). (4) Activities of community technology center.--A community technology center funded under this section shall-- (A) assist community members in becoming active participants in cleanup and environmental development activities; (B) provide independent and credible technical assistance to communities affected by hazardous waste contamination; (C) review and interpret technical documents and other materials; (D) sponsor workshops, short courses, and other learning experiences to explain basic science and environmental policy; (E) inform community members about existing technical assistance materials, such as publications, videos, and web sites; (F) offer training to community leaders in facilitation and conflict resolution among stakeholders; and (G) create technical assistance materials tailored to the identified needs of a community.

States that Executive Order 12898 (pertaining to Federal actions to address environmental justice in minority and low-income populations) shall remain in force until changed by law. Makes the provisions of this Act applicable to such Executive Order. Defines environmental justice. Establishes criteria for defining an environmental justice community. Requires specified Federal agencies and offices to establish an Office of Environmental Justice (OEJ). Requires Federal agencies to integrate the environmental justice strategy developed under the Executive Order into the operation and mission of the agency and to address compliance with this Act in specified activities. Directs the interagency Federal Working Group on Environmental Justice to: (1) coordinate an integrated environmental justice training plan for those Federal agencies and offices required to establish OEJs; (2) formalize public participation efforts; (3) survey Federal agencies and offices with regard to outreach efforts; (4) develop a strategy for allocating responsibilities and ensuring participation; and (5) coordinate plans to communicate research results. Requires: (1) each Federal agency and office with an OEJ to undertake outreach activities and report such activities to the Working Group; and (2) Federal agencies and the Working Group to develop ways to enhance partnerships and coordination with stakeholders. Directs Federal agencies to fund community technology centers to provide assistance relating to environmental justice.

To require Executive Order 12898 to remain in force until changed by law, to expand the definition of environmental justice, to direct each Federal agency to establish an Environmental Justice Office, and for other purposes.

SECTION 1. PROHIBITION ON FEDERAL FUNDING OF NATIONAL PUBLIC RADIO AND RADIO CONTENT ACQUISITION. (a) In General.--No Federal funds may be made available-- (1) to an organization that is incorporated as of the date of the enactment of this Act for each of the purposes described in subsection (c), or to any successor organization; (2) for payment of dues to an organization described in paragraph (1); or (3) for the acquisition of radio programs (including programs to be distributed or disseminated over the Internet) by or for the use of a radio broadcast station that is a public broadcast station (as defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6))). (b) Rules of Construction.-- (1) Other purposes.--Paragraphs (2) and (3) of subsection (a) shall not be construed to prohibit the making available of Federal funds to any entity, including an entity that engages in the payment described in such paragraph (2) or the acquisition described in such paragraph (3), for purposes other than such payment or acquisition. (2) Radio content acquisition by broadcasting board of governors or defense media activity.--Subsection (a)(3) shall not be construed to apply to the acquisition of radio programs by the Broadcasting Board of Governors or the Defense Media Activity. (c) Purposes Described.--The purposes described in this subsection are the following: (1) To propose, plan and develop, to acquire, purchase and lease, to prepare, produce and record, and to distribute, license and otherwise make available radio programs to be broadcast over noncommercial educational radio broadcast stations, networks and systems. (2) To engage in research study activities with respect to noncommercial educational radio programming and broadcasting. (3) To lease, purchase, acquire and own, to order, have, use and contract for, and to otherwise obtain, arrange for and provide technical equipment and facilities for the production, recording and distribution of radio programs for broadcast over noncommercial educational radio stations, networks and systems. (4) To establish and maintain one or more service or services for the production, duplication, promotion and circulation of radio programs on tape, cassettes, records or any other means or mechanism suitable for noncommercial educational transmission and broadcast thereof. (5) To cooperate and participate with foreign broadcasting systems and networks in all aspects of international radio programming and broadcasting. (6) To develop, prepare and publish information, data, reports and other materials in support of or relating to noncommercial educational radio programming and broadcasting. (7) To otherwise forward and advance the development, production, distribution and use of noncommercial educational radio programs, materials and services, and to assist and support noncommercial educational radio broadcasting pursuant to the Public Broadcasting Act of 1967, as it may from time to time be amended. (d) Federal Funds Defined.-- (1) In general.--In this section, the term ``Federal funds'' means, with respect to receipt by a non-Federal entity from the Federal Government, the following: (A) Grants. (B) Loans. (C) Property. (D) Cooperative agreements. (E) Direct appropriations. (2) Grants or subgrants from non-federal entity.--Such term also includes grants or subgrants from Federal funds made available to a non-Federal entity. (e) Changes to Funding Formula.--Section 396(k)(3)(A) of the Communications Act of 1934 (47 U.S.C. 396(k)(3)(A)) is amended-- (1) in clause (iii), by striking ``fiscal year'' and all that follows and inserting ``fiscal year, such amounts shall be available for distribution among the licensees and permittees of public radio stations pursuant to paragraph (6)(B).''; and (2) in clause (v)(II), by striking ``clause (ii)(II) and (III)'' and inserting ``clause (iii)''. (f) Conforming Amendments.--Section 396 of the Communications Act of 1934 (47 U.S.C. 396) is amended-- (1) in subsection (g)(2)-- (A) in the matter before clause (i) of subparagraph (B), by inserting ``(except for the acquisition of radio programs)'' after ``public telecommunications services''; and (B) in subparagraph (C), by inserting ``(except for the acquisition of radio programs)'' after ``public telecommunications services''; (2) in subsection (k)-- (A) in the 1st sentence of paragraph (3)(B)(i)-- (i) by striking ``and subparagraph (A)(iii)(II)''; and (ii) by striking ``or radio''; (B) in the 3rd sentence of paragraph (6)(B), by striking ``paragraph (3)(A)(iii)(I)'' and inserting ``paragraph (3)(A)(iii)''; and (C) in paragraph (7)-- (i) by striking ``(iii)(I)'' and inserting ``(iii)''; and (ii) by inserting ``(except for the acquisition of radio programming)'' before the period at the end; and (3) in subsection (l)(4)-- (A) in the matter before clause (i) of subparagraph (B), by striking ``(iii)(II)'' and inserting ``(iii)''; (B) in subparagraph (C), by striking ``subsection (k)(3)(A)(iii)(III)'' and inserting ``subsection (k)(3)(A)(iii)''; and (C) in subparagraph (D), by striking ``subsection (k)(3)(A) (ii)(III) or (iii)(II)'' and inserting ``subsection (k)(3)(A)(ii)(II) or subsection (k)(3)(A)(iii)''.

Prohibits federal funding to organizations incorporated for specified purposes related to: (1) broadcasting, transmitting, and programming over noncommercial educational radio broadcast stations, networks, and systems; (2) cooperating with foreign broadcasting systems and networks in international radio programming and broadcasting; (3) assisting and supporting such noncommercial educational radio broadcasting pursuant to the Public Broadcasting Act of 1967; (4) paying dues to such organizations; or (5) acquiring radio programs by or for the use of a radio broadcast station that is a public broadcast station as defined in the Communications Act of 1934. Revises the Public Broadcasting Fund allocation formula.

To prohibit Federal funding of National Public Radio and the use of Federal funds to acquire radio content.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Do Not Track Online Act of 2015''. SEC. 2. REGULATIONS RELATING TO ``DO-NOT-TRACK'' MECHANISMS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate-- (1) regulations that establish standards for the implementation of a mechanism by which an individual can simply and easily indicate whether the individual prefers to have personal information collected by providers of online services, including by providers of mobile applications and services; and (2) rules that prohibit, except as provided in subsection (b), such providers from-- (A) collecting personal information on individuals who have expressed, via a mechanism that meets the standards promulgated under paragraph (1), a preference not to have such information collected; and (B) discriminating against individuals described in subparagraph (A). (b) Exception.--The rules promulgated under paragraph (2) of subsection (a) shall allow for the collection and use of personal information on an individual described in such paragraph, notwithstanding the expressed preference of the individual via a mechanism that meets the standards promulgated under paragraph (1) of such subsection, to the extent-- (1) necessary to provide a service requested by the individual, including with respect to such service, basic functionality and effectiveness, so long as such information is anonymized or deleted upon the provision of such service; or (2) the individual-- (A) receives clear, conspicuous, and accurate notice on the collection and use of such information; and (B) affirmatively consents to such collection and use. (c) Factors.--In promulgating standards and rules under subsection (a), the Federal Trade Commission shall consider and take into account the following: (1) The appropriate scope of such standards and rules, including the conduct to which such rules shall apply and the persons required to comply with such rules. (2) The technical feasibility and costs of-- (A) implementing mechanisms that would meet such standards; and (B) complying with such rules. (3) Mechanisms that-- (A) have been developed or used before the date of the enactment of this Act; and (B) are for individuals to indicate simply and easily whether the individuals prefer to have personal information collected by providers of online services, including by providers of mobile applications and services. (4) The experience of individuals using the mechanisms regarding the ease of use and practicality of the mechanisms, including the universality, persistence, and stability of preferences expressed through the mechanisms. (5) How mechanisms that meet such standards should be publicized and offered to individuals. (6) Whether and how information can be collected and used on an anonymous basis so that the information-- (A) cannot be reasonably linked or identified with a person or device, both on its own and in combination with other information; and (B) does not qualify as personal information subject to the rules promulgated under subsection (a)(2). (7) The standards under which personal information may be collected and used, subject to the anonymization or deletion requirements of subsection (b)(1)-- (A) to fulfill the basic functionality and effectiveness of an online service, including a mobile application or service; (B) to provide the content or services requested by individuals who have otherwise expressed, via a mechanism that meets the standards promulgated under subsection (a)(1), a preference not to have personal information collected; and (C) for such other purposes as the Commission determines substantially facilitates the functionality and effectiveness of the online service, or mobile application or service, in a manner that does not undermine an individual's preference, expressed via such mechanism, not to collect such information. (d) Personal Information.--In this section, the term ``personal information'' includes persistent identifiers such as Internet Protocol (IP) addresses, media access control (MAC) addresses, and other unique device identifiers. (e) Rulemaking.--The Federal Trade Commission shall promulgate the standards and rules required by subsection (a) in accordance with section 553 of title 5, United States Code. SEC. 3. ENFORCEMENT OF ``DO-NOT-TRACK'' MECHANISMS. (a) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of a rule promulgated under section 2(a)(2) shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), the Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities.--Except as provided in subparagraph (C), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Nonprofit organizations.--The Federal Trade Commission shall enforce this Act with respect to an organization that is not organized to carry on business for its own profit or that of its members as if such organization were a person over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)). (b) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to a rule promulgated under section 2(a)(2) in a practice that violates the rule, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such rule by such person; (B) to compel compliance with such rule; (C) to obtain damages, restitution, or other compensation on behalf of such residents; (D) to obtain such other relief as the court considers appropriate; or (E) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties.-- (A) Calculation.--Subject to subparagraph (B), for purposes of imposing a civil penalty under paragraph (1)(E) with respect to a person that violates a rule promulgated under section 2(a)(2), the amount determined under this paragraph is the amount calculated by multiplying the number of days that the person is not in compliance with the rule by an amount not greater than $16,000. (B) Maximum total liability.--The total amount of civil penalties that may be imposed with respect to a person that violates a rule promulgated under section 2(a)(2) shall not exceed $15,000,000 for all civil actions brought against such person under paragraph (1) for such violation. (C) Adjustment for inflation.--Beginning on the date on which the Bureau of Labor Statistics first publishes the Consumer Price Index after the date that is 1 year after the date of the enactment of this Act, and annually thereafter, the amounts specified in subparagraphs (A) and (B) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Federal Trade Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (4) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of a rule promulgated under section 2(a)(2), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (6) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (7) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (c) Private Right of Action.-- (1) In general.--A person may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- (A) an action based on a violation of a rule promulgated under section 2(a)(2) to enjoin such violation; (B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater; or (C) both such actions. (2) Increased penalties.--If the court finds that the defendant willfully or knowingly violated a rule promulgated under section 2(a)(2), the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (1)(B). SEC. 4. BIENNIAL REVIEW AND ASSESSMENT. Not later than 2 years after the effective date of the regulations initially promulgated under section 2, the Federal Trade Commission shall-- (1) review the implementation of this Act; (2) assess the effectiveness of such regulations, including how such regulations define or interpret the term ``personal information'' as such term is used in section 2; (3) assess the effect of such regulations on online commerce; and (4) submit to Congress a report on the results of the review and assessments required by this section.

Do Not Track Online Act of 2015 This bill requires the Federal Trade Commission (FTC) to promulgate: (1) regulations that establish standards for the implementation of a mechanism by which individuals can indicate whether they prefer to have personal information collected by providers of online services, including by providers of mobile applications and services; and (2) rules that prohibit such providers from collecting personal information on, and from discriminating against, individuals who have expressed a preference not to have such information collected. "Personal information" includes IP addresses, media access control addresses, and other unique device identifiers. The rules must allow for the collection and use of personal information, notwithstanding the expressed preference of the individual, if: (1) the information is necessary to provide a service requested by the individual so long as identifying particulars are removed or the information is deleted upon the provision of such service; or (2) the individual receives clear, conspicuous, and accurate notice on, and consents to, such collection and use. The bill provides for FTC and state enforcement of such rules and regulations. If permitted under state law, a person may bring a private action to enjoin a violation or to receive monetary damages.

Do Not Track Online Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Communications Privacy and Consumer Empowerment Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) As our Nation's communications networks continue to grow and become ever more sophisticated, more individuals and industries will be using such networks to conduct commercial transactions. (2) It is important to establish personal privacy rights and industry obligations now so that consumers have confidence that their personal privacy is fully protected in our Nation's telecommunications networks. (3) The information superhighway must be safe and secure for all its travellers so that economic growth is not threatened due to consumer concern over the electronic ethics of certain cyberspace marketers. (4) The Telecommunications Act of 1996 (Public Law 104-104) contains expanded privacy protections for consumers by requiring that telecommunications carriers under the jurisdiction of the Federal Communications Commission obtain consumer approval prior to reusing or selling certain personal information. (5) It is becoming increasingly apparent that the existing privacy protections accorded consumers with respect to information gathered by telecommunications carriers are not alone sufficient to protect consumer privacy rights and that further protections are needed to ensure that such rights are retained and respected on the information superhighway by other entities doing business in cyberspace. (6) In addition to the growing number of businesses and adults getting online, some 2,000,000 kids currently use the Internet and this number is expected to grow to more than 15,000,000 by the year 2000. (7) Recent media reports indicate that online marketers are gathering personal information from children, in some cases in a deceptive manner. (8) In addition to the work performed by the Federal Communications Commission in regulating our Nation's telecommunications networks, the Federal Trade Commission continues to have the task of ensuring that online marketers and businesses at the ends of the line do not engage in deceptive or fraudulent practices. (9) The ease of gathering and compiling personal information, both overtly and surreptitiously, in cyberspace is becoming increasingly efficient and almost effortless due to advances in digital telecommunications technology. As a result, digital technology allows information gatherers to compile highly detailed personal histories of both children and adults who are network users. (10) Regardless of the technology that consumers use, their privacy rights and expectations remain a constant. Consumers must have knowledge that personal information is being collected about them; consumers must be given conspicuous notice if the recipient of that information intends to reuse it for other purposes, or disclose, or sell it; and finally, consumers must have the right to prohibit or curtail any reuse or sale of their personal information. (11) Our Nation's communications networks, including the Internet, have developed extremely rapidly over the last 2 years, and changes in standards, protocols, and digital technologies have enabled consumers to make decisions about access to information and services, such as the types of content on the Internet. (12) New innovative technology may empower consumers and parents to better control dissemination of personal information by restoring decisionmaking power to the consumer or parent. (13) Industry efforts, with Government encouragement and oversight, to assist consumers through the development of standards, protocols, and practices for the collection and dissemination of personal information is critical to help parents and consumers better control dissemination of their personal information. (14) Adoption of strong, fair information policies, standards, and practices, along with the widespread implementation and utilization of consumer empowerment tools, may limit the need for Government regulation of personal information collection and dissemination practices on the Internet. SEC. 3. FEDERAL TRADE COMMISSION EXAMINATION. (a) Proceeding Required.--Within 6 months after the date of enactment of this Act, the Federal Trade Commission shall commence a proceeding-- (1) to determine whether consumers are able, and, if not, the methods by which consumers may be enabled-- (A) to have knowledge that consumer information is being collected about them through their utilization of various telecommunications services and systems; (B) to have conspicuous notice that such information could be used, or is intended to be used, by the entity collecting the data for reasons unrelated to the original communications, or that such information could be sold (or is intended to be sold) to other companies or entities; and (C) to stop the reuse, disclosure, or sale of that information; (2) to determine whether, in the case of consumers who are children, the abilities described in subparagraphs (A), (B), and (C) of paragraph (1) are or can be exercised by their parents; (3) to propose changes in the Commission's regulations as necessary to correct any defects identified pursuant to this section in the privacy rights and remedies of parents and consumers generally; (4) to review responses and suggestions from affected commercial and nonprofit entities, as well as from the National Telecommunication and Information Administration, to the proposed changes made pursuant to paragraph (3); and (5) to prepare recommendations to the Congress for any legislative changes required to correct such defects. (b) Schedule for Federal Trade Commission Responses.--The Federal Trade Commission shall, within 1 year after the date of enactment of this Act-- (1) complete any rulemaking required to revise Commission regulations to correct any defects in such regulations identified pursuant to subsection (a); and (2) submit to Congress a report containing the recommendations required by subsection (a)(5). SEC. 4. FEDERAL COMMUNICATIONS COMMISSION EXAMINATION. (a) Proceeding Required.--Within 6 months after the date of enactment of this Act, the Federal Communications Commission shall commence a proceeding-- (1) to examine the impact of interconnected communications networks of telephone, cable, satellite, wireless devices, and other technologies on the privacy rights and remedies of the consumers of those technologies, as described in paragraphs (1) and (2) of section 3(a); (2) to determine whether consumers are able, and, if not, the methods by which consumers may be enabled to exercise such rights and remedies; (3) to propose changes in the Commission's regulations to ensure that the effect on consumer privacy rights is considered in the introduction of new telecommunications services and that the protection of such privacy rights is incorporated as necessary in the design of such services or the rules regulating such services; (4) to propose changes in the Commission's regulations as necessary to correct any defects identified pursuant to this section in such rights and remedies; (5) to review responses and suggestions from affected commercial and nonprofit entities, as well as from the National Telecommunications and Information Administration, to the proposed changes made pursuant to paragraph (4); and (6) to prepare recommendations to the Congress for any legislative changes required to correct such defects. (b) Schedule for Federal Communications Commission Responses.--The Federal Communications Commission shall, within 1 year after the date of enactment of this Act-- (1) complete any rulemaking required to revise Commission regulations to correct defects in such regulations identified pursuant to subsection (a); and (2) submit to the Congress a report containing the recommendations required by subsection (a)(6).

Communications Privacy and Consumer Empowerment Act - Directs the Federal Trade Commission and the Federal Communications Commission to take action through proceedings to ensure that consumer privacy rights are protected in new telecommunications services and systems.

Communications Privacy and Consumer Empowerment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bosnia and Herzegovina Self-Defense Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) For the reasons stated in the conference report on the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (H.R. 2333), the Congress has found that continued application of an international arms embargo to the Government of Bosnia and Herzegovina contravenes that Government's inherent right of individual or collective self-defense under Article 51 of the United Nations Charter and therefore is inconsistent with international law. (2) Before deploying United States Armed Forces to defend the territorial integrity and political independence of Bosnia and Herzegovina, or to enforce United Nations mandates in Bosnia and Herzegovina, the United States should seek to provide the Government of Bosnia and Herzegovina with the means necessary to exercise its inherent right of self-defense. SEC. 3. TERMINATION OF ARMS EMBARGO. (a) Termination.--The President shall terminate the United States arms embargo of the Government of Bosnia and Herzegovina upon receipt from that Government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (b) Definition.--As used in this section, the term ``United States arms embargo of the Government of Bosnia and Herzegovina'' means the application to the Government of Bosnia and Herzegovina of-- (1) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 F.R. 33322) under the heading ``Suspension of Munitions Export Licenses to Yugoslavia''; and (2) any similar policy being applied by the United States Government as of the date of receipt of the request described in subsection (a) pursuant to which approval is denied for transfers of defense articles and defense services to the former Yugoslavia. SEC. 4. PROVISION OF UNITED STATES MILITARY ASSISTANCE. (a) Policy.--The President should provide appropriate military assistance to the Government of Bosnia and Herzegovina upon receipt from that Government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. (b) Authorization of Military Assistance.-- (1) Drawdown authority.--If the Government of Bosnia and Herzegovina requests United States assistance in exercising its right of self-defense under Article 51 of the United Nations Charter, the President is authorized to direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training in order to provide assistance to the Government of Bosnia and Herzegovina. Such assistance shall be provided on such terms and conditions as the President may determine. (2) Limitation on value of transfers.--The aggregate value (as defined in section 664(m) of the Foreign Assistance Act of 1961) of defense articles, defense services, and military education and training provided under this subsection may not exceed $200,000,000. (3) Expiration of authorization.--The authority provided to the President in paragraph (1) expires at the end of fiscal year 1995. (4) Limitation on activities.--Members of the United States Armed Forces who perform defense services or provide military education and training outside the United States under this subsection may not perform any duties of a combatant nature, including any duties related to training and advising that may engage them in combat activities. (5) Reports to congress.--Within sixty days after any exercise of the authority of paragraph (1) and every sixty days thereafter, the President shall report in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate concerning the defense articles, defense services, and military education and training being provided and the use made of such articles, services, and education and training. (6) Reimbursement.--(A) Defense articles, defense services, and military education and training provided under this subsection shall be made available without reimbursement to the Department of Defense except to the extent that funds are appropriated pursuant to subparagraph (B). (B) There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value (as defined in section 664(m) of the Foreign Assistance Act of 1961) of defense articles, defense services, or military education and training provided under this subsection.

Bosnia and Herzegovina Self-Defense Act of 1994 - Directs the President to terminate the U.S. arms embargo of the Government of Bosnia and Herzegovina upon receipt of a request from such government for assistance in exercising its right of self-defense under the United Nations Charter. Authorizes the President to direct the drawdown of defense articles and services and military education and training to provide assistance to Bosnia and Herzegovina if it makes such request. Limits the amount of such assistance. Bars members of the U.S. armed forces who provide such assistance from performing combatant duties outside of the United States. Authorizes appropriations.

Bosnia and Herzegovina Self-Defense Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Pollution Prevention Opportunity Act of 2001''. SEC. 2. CREDIT FOR DRY OR WET CLEANING EQUIPMENT USING NONHAZARDOUS PRIMARY PROCESS SOLVENTS. (a) In General.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following paragraph: ``(4) the dry or wet cleaning equipment credit.''. (b) Dry or Wet Cleaning Equipment Credit.--Section 48 of the Internal Revenue Code of 1986 (relating to energy credit; reforestation credit) is amended by adding at the end the following new subsection: ``(c) Dry or Wet Cleaning Equipment Using Nonhazardous Primary Process Solvents.-- ``(1) In general.--For purposes of section 46, the dry or wet cleaning equipment credit for any taxable year is 20 percent of the basis of each qualified dry or wet cleaning property placed in service during the taxable year (40 percent of such basis in the case of such property placed in service in an empowerment zone, enterprise community, or renewal community). ``(2) Limitation.--The credit under this subsection for the taxable year shall apply to qualified dry or wet cleaning property placed in service during such year at each business premise of the taxpayer. ``(3) Qualified dry or wet cleaning property.--For purposes of this subsection, the term `qualified dry or wet cleaning property' means equipment designed primarily to clean textiles by professionals using special technology, detergents and additives to minimize potential for adverse effects, or appropriately dry or apply restorative finishing procedures to such textiles if-- ``(A) such equipment does not use any hazardous solvent as the primary process solvent, ``(B) the original use of such property commences with the taxpayer, and ``(C) with respect to which depreciation (or amortization in lieu of depreciation) is allowable. ``(4) Primary process solvent.--For purposes of paragraph (3), the term `primary process solvent' means the primary liquid in which clothing, other fabric, and sensitive textiles are cleaned or which is used to appropriately dry or apply restorative finishing procedures to textiles, cleaned, excluding detergent formulations. ``(5) Hazardous solvent.--For purposes of paragraph (3), the term `hazardous solvent' means any solvent any portion of which consists of a chlorinated solvent, a volatile organic compound, or any other hazardous regulated substance, or which contains any substance determined by the Administrator of the Environmental Protection Agency, the Director of the National Institute for Occupational Safety and Health, the Director of the International Agency for Research on Cancer, the Director of the National Institute of Environmental Health Sciences' National Toxicology Program, or the director of any other appropriate Federal agency to possess-- ``(A) carcinogenic potential in humans, or ``(B) bioaccumulative properties.''. (c) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Section 38(c) of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following: ``(3) Special rules for dry or wet cleaning equipment credit.-- ``(A) In general.--In the case of the dry or wet cleaning equipment credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraph (A) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the dry or wet cleaning equipment credit). ``(B) Dry or wet cleaning equipment credit.--For purposes of this subsection, the term `dry or wet cleaning equipment credit' means the credit allowable under subsection (a) by reason of section 46(4).''. (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the dry or wet cleaning equipment credit'' after ``employment credit''. (d) Clerical Amendments.-- (1) The section heading for section 48 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 48. ENERGY CREDIT; REFORESTATION CREDIT; DRY OR WET CLEANING EQUIPMENT CREDIT.''. (2) The item relating to section 48 in the table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 48. Energy credit; reforestation credit; dry or wet cleaning equipment credit.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service on or after January 1, 2001.

Small Business Pollution Prevention Opportunity Act of 2001 - Amends the Internal Revenue Code to establish a dry or wet cleaning equipment credit for any taxable year equivalent to 20 percent of the basis of each qualified dry or wet cleaning property placed in service during the year (40 percent of such basis in the case of such property placed in service in an empowerment zone, enterprise community, or renewal community) which is designed primarily to clean textiles if: (1) such equipment does not use any hazardous solvent as the primary process solvent; (2) the original use of such property commences with the taxpayer; and (3) with respect to which depreciation (or amortization in lieu of depreciation) is allowable.

A bill to amend the Internal Revenue Code of 1986 to allow a credit against income tax for dry and wet cleaning equipment which uses non-hazardous primary process solvents.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Pediatric Research Network Act of 2012''. SEC. 2. NATIONAL PEDIATRIC RESEARCH NETWORK. Section 409D of the Public Health Service Act (42 U.S.C. 284h; relating to the Pediatric Research Initiative) is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following: ``(d) National Pediatric Research Network.-- ``(1) Network.--In carrying out the Initiative, the Director of NIH, acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and in collaboration with other appropriate national research institutes and national centers that carry out activities involving pediatric research, may provide for the establishment of a National Pediatric Research Network consisting of the pediatric research consortia receiving awards under paragraph (2). ``(2) Pediatric research consortia.-- ``(A) In general.--The Director of the Institute may award funding, including through grants and contracts, to public or private nonprofit entities-- ``(i) for planning, establishing, or strengthening pediatric research consortia; and ``(ii) for providing basic operating support for such consortia, including with respect to-- ``(I) basic, clinical, behavioral, or translational research to meet unmet needs for pediatric research; and ``(II) training researchers in pediatric research techniques. ``(B) Research.--The Director of NIH shall ensure that-- ``(i) each consortium receiving an award under subparagraph (A) conducts or supports at least one category of research described in subparagraph (A)(ii)(I) and collectively such consortia conduct or support all such categories of research; and ``(ii) one or more such consortia provide training described in subparagraph (A)(ii)(II). ``(C) Number of consortia.--The Director of NIH may make awards under this paragraph for not more than 20 pediatric research consortia. ``(D) Organization of consortium.--Each consortium receiving an award under subparagraph (A) shall-- ``(i) be formed from a collaboration of cooperating institutions; ``(ii) be coordinated by a lead institution; and ``(iii) meet such requirements as may be prescribed by the Director of NIH. ``(E) Supplement, not supplant.--Any support received by a consortium under subparagraph (A) shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported under this paragraph. ``(F) Duration of support.--Support of a consortium under subparagraph (A) may be for a period of not to exceed 5 years. Such period may be extended by the Director of NIH for additional periods of not more than 5 years. ``(3) Coordination of consortia activities.--The Director of NIH shall-- ``(A) as appropriate, provide for the coordination of activities (including the exchange of information and regular communication) among the consortia established pursuant to paragraph (2); and ``(B) require the periodic preparation and submission to the Director of reports on the activities of each such consortium. ``(e) Research on Pediatric Rare Diseases or Conditions.-- ``(1) In general.--In making awards under subsection (d)(2) for pediatric research consortia, the Director of NIH shall ensure that an appropriate number of such awards are awarded to such consortia that agree to-- ``(A) focus primarily on pediatric rare diseases or conditions (including any such diseases or conditions that are genetic disorders (such as spinal muscular atrophy and Duchenne muscular dystrophy) or are related to birth defects (such as Down syndrome and fragile X)); ``(B) conduct or coordinate one or more multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of one or more pediatric rare diseases or conditions; and ``(C) rapidly and efficiently disseminate scientific findings resulting from such trials. ``(2) Data coordinating center.-- ``(A) Establishment.--In connection with support of consortia described in paragraph (1), the Director of NIH shall establish a data coordinating center for the following purposes: ``(i) To distribute the scientific findings referred to in paragraph (1)(C). ``(ii) To provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects. ``(iii) To organize and conduct multisite monitoring activities. ``(iv) To provide assistance to the Centers for Disease Control and Prevention in the establishment or expansion of patient registries and other surveillance systems. ``(B) Reporting.--The Director of NIH shall-- ``(i) require the data coordinating center established under subparagraph (A) to provide regular reports to the Director of NIH and the Commissioner of Food and Drugs on research conducted by consortia described in paragraph (1), including information on enrollment in clinical trials and the allocation of resources with respect to such research; and ``(ii) as appropriate, incorporate information reported under clause (i) into the Director's biennial reports under section 403.''. Passed the House of Representatives September 19, 2012. Attest: KAREN L. HAAS, Clerk.

National Pediatric Research Network Act of 2012 - Amends the Public Health Service Act to authorize the Director of the National Institutes of Health (NIH), in carrying out the Pediatric Research Initiative, to act through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development to provide for the establishment of a National Pediatric Research Network. Authorizes the Director of the Institute to award funding to public or private nonprofit entities for: (1) planning, establishing, or strengthening pediatric research consortia; and (2) providing basic operating support for such consortia, including to meet unmet needs for pediatric research and train researchers in pediatric research techniques. Authorizes the Director of NIH to make awards for not more than 20 pediatric research consortia, which are to be formed from a collaboration of cooperating institutions, coordinated by a lead institution, and meet requirements prescribed by the Director of NIH. Allows such support to be for a period of five years with additional extensions by the Director of NIH. Requires the Director of NIH to provide for the coordination of activities among the consortia and to require the periodic preparation and submission of reports on their activities. Requires the Director of NIH to ensure that an appropriate number of such awards are awarded to consortia that agree to: (1) focus primarily on pediatric rare diseases or conditions; (2) conduct or coordinate multi-site clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of pediatric rare diseases or conditions; and (3) rapidly and efficiently disseminate scientific findings from such trials. Requires the Director of NIH to establish a data coordinating center to: (1) distribute such findings; (2) provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects; (3) organize and conduct multi-site monitoring activities; and (4) provide assistance to the Centers for Disease Control and Prevention (CDC) in the establishment or expansion of patient registries and other surveillance systems. Requires the Director of NIH to: (1) require the data coordinating center to provide regular reports to the Director of NIH and the Commissioner of Food and Drugs (FDA) on research conducted by consortia, including information on enrollment in clinical trials and the allocation of resources with respect to such research; and (2) incorporate such information into NIH's biennial reports.

To amend title IV of the Public Health Service Act to provide for a National Pediatric Research Network, including with respect to pediatric rare diseases or conditions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chattahoochee National Forest Act of 2006''. SEC. 2. MOUNTAINTOWN NATIONAL SCENIC AREA, CHATTAHOOCHEE NATIONAL FOREST, GEORGIA. (a) Establishment.--There is hereby established in the Chattahoochee National Forest in the State of Georgia the Mountaintown National Scenic Area (in this section referred to as the ``scenic area'') consisting of approximately 13,382 acres, as generally depicted on the map entitled ``Mountaintown Proposed Scenic Area--Chattahoochee National Forest, Georgia'' and dated May 3, 2006. (b) Map and Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a final map and boundary description of the scenic area. The map and description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and boundary description. The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. In the case of any discrepancy between the acreage and the map referred to in subsection (a) and the map and boundary description required by this subsection, the map and boundary description required by this subsection shall control. (c) Management.-- (1) Purposes.--The Secretary shall manage the scenic area for the purposes of-- (A) ensuring the appropriate protection and preservation of the scenic quality, water quality, natural characteristics, and water resources of the area; (B) protecting and managing vegetation in the area to provide wildlife and fish habitat, consistent with subparagraph (A); (C) providing parcels within the area that may develop characteristics of old-growth forests; and (D) providing a variety of recreation opportunities, consistent with the preceding purposes. (2) Priority.--In the case of a conflict between the management purposes specified in paragraph (1) and the laws and regulations generally applicable to the National Forest System, the management purposes shall take precedence. (d) Management Plan.--Not later than three years after the date of the enactment of this Act, the Secretary shall develop a management plan for the scenic area as an amendment to the land and resource management plan for the Chattahoochee National Forest. The amendment shall conform to the requirements of this section. Nothing in this section shall require the Secretary to revise the land and resource management plan for the Chattahoochee National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (e) Roads.--After the date of the enactment of this Act, no new roads shall be constructed or established within the scenic area, except that this prohibition shall not be construed to deny access to private lands or interests therein in the scenic area. (f) Vegetation Management.--No timber harvest shall be allowed within the scenic area, except as may be necessary in the control of fire, insects, and diseases and to provide for public safety and trail access. Notwithstanding the foregoing, the Secretary may engage in vegetation manipulation practices for maintenance of existing wildlife clearings and visual quality. Firewood may be harvested for personal use along perimeter roads under such conditions as the Secretary may impose. (g) Motorized Travel.--Motorized travel shall not be permitted within the scenic area, except that the Secretary may authorize motorized travel within the scenic area as necessary for administrative use in furtherance of the management purposes specified in subsection (c)(1) and in support of wildlife management projects in existence as of the date of the enactment of this Act. (h) Fire.--Wildfires in the scenic area shall be suppressed in a manner consistent with the management purposes specified in subsection (c)(1), using such means as the Secretary considers appropriate. (i) Insects and Disease.--Insect and disease outbreaks may be controlled in the scenic area to maintain scenic quality, prevent tree mortality, reduce hazards to visitors, or protect private lands. (j) Water.--The scenic area shall be administered so as to maintain or enhance existing water quality. (k) Mining Withdrawal.--Subject to valid existing rights, all federally owned lands in the scenic area are hereby withdrawn from location, entry, and patent under the mining laws of the United States and from leasing claims under the mineral and geothermal leasing laws of the United States, including amendments to such laws. SEC. 3. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND AS WILDERNESS IN GEORGIA. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following lands in the State of Georgia, which are administered by the Secretary of Agriculture as part of the Chattahoochee National Forest and comprise approximately 8,448 acres, as generally depicted on the maps dated May 3, 2006, and entitled ``Proposed Wilderness Additions--Chattahoochee National Forest'', are hereby designated as wilderness and incorporated into the existing wilderness area to which they adjoin: (1) Three additions to the existing Southern Nantahala Wilderness: Ben Gap, consisting of 1,294 acres, Shoal Branch, consisting of 412, and Tate Branch, consisting of 1,085 acres. (2) One addition to the existing Blood Mountain Wilderness: Cedar Mountain, consisting of 561 acres. (3) Two additions to the existing Brasstown Wilderness: Duck Branch, consisting of 190 acres, and Wilson Cove, consisting of 563 acres. (4) One addition to the existing Ellicott Rock Wilderness: Ellicott Rock Addition, consisting of 562 acres. (5) Two additions to the existing Cohutta Wilderness: Foster Branch, consisting of 165 acres, and Ken Mountain, consisting of 527 acres. (6) One addition to the existing Raven Cliffs Wilderness: Helton Creek, consisting of 2,451 acres. (7) One addition to the existing Tray Mountain Wilderness: Tripp Branch, consisting of 638 acres. (b) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress final maps and boundary descriptions of the lands designated as wilderness by this section. The maps and descriptions shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the maps and boundary descriptions. The maps and boundary descriptions shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (c) Administration.-- (1) In general.--Subject to valid existing rights, the Secretary shall administer the lands designated as wilderness by this section in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this section. (2) Effective date of wilderness act.--With respect to the land designated as wilderness by this section, any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (3) Fish and wildlife.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be construed as affecting the jurisdiction or responsibilities of the State of Georgia with respect to fish and wildlife in the Chattahoochee National Forest. (4) Withdrawal.--Subject to valid existing rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this section is withdrawn from all forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

Chattahoochee National Forest Act of 2006 - Establishes the Mountaintown National Scenic Area in the Chattahoochee National Forest in Georgia. Requires the Secretary of Agriculture to develop a management plan for the Scenic Area as an amendment to the land and resource management plan for the Forest. Designates specified lands in Georgia which are administered by the Secretary as part of the Chattahoochee National Forest as wilderness and incorporates such lands into the existing wilderness area to which they adjoin.

To establish the Mountaintown National Scenic Area in the Chattahoochee National Forest, Georgia, and to designate additional National Forest System land in the State of Georgia as components of the National Wilderness Preservation System.

S. Section 304 of the Congressional Budget Act of 1974 is amended to read as follows: ``permissible revisions of budget resolutions ``Sec. 304. At any time after the joint resolution on the budget for a fiscal year has been enacted pursuant to section 301, and before the end of such fiscal year, the two Houses and the President may enact a joint resolution on the budget which revises or reaffirms the joint resolution on the budget for such fiscal year most recently enacted, and for purposes of the enforcement of the Congressional Budget Act of 1974, the chairman of the Budget Committee of the House of Representatives or the Senate, as applicable, may adjust levels as needed for the enforcement of the budget resolution.''. SEC. 6. LIMITATION ON THE CONTENT OF BUDGET RESOLUTIONS. Section 305 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(e) Limitation on Contents.--(1) It shall not be in order in the House of Representatives or in the Senate to consider any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter referred to in paragraph (2). ``(2) Any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter not permitted in section 301 (a) or (b) shall not be treated in the House of Representatives or the Senate as a budget resolution under subsection (a) or (b) or as a conference report on a budget resolution under subsection (c) of this section.''. SEC. 7. DEEMING OF BUDGETARY AGGREGATES, ALLOCATIONS, AND RECONCILIATION INSTRUCTIONS IN THE HOUSE AND SENATE UPON VETO OF JOINT RESOLUTION ON THE BUDGET. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following new section: ``automatic standing order upon veto of joint resolution on the budget ``Sec. 316. For purposes of congressional enforcement under title III and IV of this Act and the rules of the House and the Senate, the joint resolution shall be considered as enforceable upon enactment or 15 days following presentment to the President, whichever occurs earlier.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Automatic standing order upon veto of joint resolution on the budget.''. SEC. 8. ADDITIONAL AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974 TO EFFECTUATE JOINT RESOLUTIONS ON THE BUDGET. (a) Additional Amendments to the Congressional Budget and Impoundment Control Act of 1974.--(1)(A) Sections 301, 302, 303, 304, 305, 308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) are amended by striking ``concurrent'' each place it appears and inserting ``joint''. (B)(i) Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the Congressional Budget Act of 1974 are amended by striking ``most recently agreed to concurrent resolution on the budget'' each place it occurs and inserting ``most recently enacted joint resolution on the budget''. (ii) The section heading of section 301 of such Act is amended by striking ``annual adoption of concurrent resolution'' and inserting ``joint resolutions''. (C) Sections 302, 303, 304, 310, and 311 of the Congressional Budget Act of 1974 are amended by striking ``agreed to'' each place it appears and by inserting ``enacted''. (2) The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended-- (A) in the item relating to section 301, by striking ``Annual adoption of concurrent resolution'' and inserting ``Joint resolutions''; and (B) by striking ``concurrent'' and inserting ``joint'' in the item relating to section 305. (b) Conforming Amendment.--Any side heading within any section of title III of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking ``Concurrent'' and inserting ``Joint'' and any center heading in any section of that title is amended by striking ``concurrent'' and inserting ``joint''. SEC. 9. AMENDMENTS TO THE RULES OF THE HOUSE OF REPRESENTATIVES TO EFFECTUATE JOINT BUDGET RESOLUTIONS. Clauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule X, clause 10 of rule XVIII, clause 10 of rule XX, and clauses 7 and 10 of rule XXI of the Rules of the House of Representatives are amended by striking ``concurrent'' each place it appears and inserting ``joint''. SEC. 10. CONFORMING AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985. Section 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907d(b)(1)) is amended by striking ``concurrent'' and inserting ``joint''.

Legally Binding Budget Act of 2013 - Amends the Congressional Budget Act of 1974 (CBA) to require joint budget resolutions signed by the President instead of the concurrent resolutions now required (which do not have to be signed by the President). Revises accordingly the congressional procedures for considering joint budget resolutions. Prohibits the consideration of budget-related legislation before the joint budget resolution becomes law. Requires the joint budget resolution to set forth appropriate levels for the fiscal year beginning on October 1 of such year and for at least each of the four ensuing fiscal years for the public debt limit for display purposes only. Permits revisions of joint budget resolutions already enacted. Makes a conforming amendment to the Congressional Budget and Impoundment Control Act of 1974. Makes it out of order in both chambers to consider any joint budget resolution, amendment, or conference report that contains certain matter prohibited by the CBA, particularly inclusion in the surplus or deficit totals of any outlays and revenue totals of the Old Age, Survivors, and Disability Insurance (OASDI) program under title II of the Social Security Act. Considers the joint budget resolution as enforceable upon enactment or 15 days following presentment to the President, whichever occurs earlier. (Thus creates an automatic standing order upon a presidential veto of a joint budget resolution.) Makes conforming amendments to: (1) the Rules of the House of Representatives, and (2) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).

Legally Binding Budget Act of 2013

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Catastrophic Wildfire Prevention Act of 2012''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Authorized wildfire prevention projects. Sec. 5. Public review and environmental analysis. Sec. 6. Administrative and judicial review. Sec. 7. Threatened and endangered species designations. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) Expedite wildfire prevention projects to reduce the chances of wildfire, including catastrophic wildfire, on certain Federal lands. (2) Reduce threats to endangered species from wildfires. (3) Provide efficiency tools to the Secretary of Agriculture and the Secretary of the Interior to streamline projects to reduce the potential for wildfires. SEC. 3. DEFINITIONS. In this Act: (1) At-risk community.--The term ``at-risk community'' has the meaning given that term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). (2) At-risk forest.--The term ``at-risk forest'' means-- (A) Federal land where there exists a high risk of losing an at-risk community, key ecosystem, wildlife, or wildlife habitat to wildfire, including catastrophic wildfire and post-fire disturbances, as documented by the Secretary concerned; or (B) Federal land in condition class II or III, as those classes were developed by the Forest Service Rocky Mountain Research Station in the general technical report titled ``Development of Coarse-Scale Spatial Data for Wildland Fire and Fuel Management'' (RMRS-87) and dated April 2000 or any subsequent revision of the report. (3) Authorized wildfire prevention project.--The term ``authorized wildfire prevention project'' means the measures and methods developed for a project to be carried out in an at- risk forest or on threatened and endangered species habitat by the Secretary concerned for the purpose of hazardous fuels reduction, forest health, forest restoration, watershed restoration, or threatened and endangered species habitat protection. An authorized wildfire prevention project may include livestock grazing and timber harvest projects carried out for one or more of such purposes. (4) Federal land.-- (A) Covered land.--The term ``Federal land'' means-- (i) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))); or (ii) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (B) Excluded land.--The term does not include land in which the removal of vegetation is specifically prohibited by Federal law unless the land is in an inventoried roadless area or wilderness study area. (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, in the case of National Forest System land; and (B) the Secretary of the Interior, in the case of public lands. (6) Threatened and endangered species habitat.--The term ``threatened and endangered species habitat'' means Federal land regarding which natural fire regimes are identified as being important for, or wildfire is identified as a threat to, an endangered species, a threatened species, or habitat of an endangered species or threatened species in-- (A) a species recovery plan prepared under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); or (B) a notice published in the Federal Register determining a species to be an endangered species or a threatened species or designating critical habitat for an endangered species or a threatened species. SEC. 4. AUTHORIZED WILDFIRE PREVENTION PROJECTS. (a) Projects Authorized.--As soon as practicable after the date of the enactment of this Act, the Secretary concerned shall implement authorized wildfire prevention projects in at-risk forests and on threatened and endangered species habitat in a manner that focuses on surface, ladder, and canopy fuels reduction activities. (b) Project Elements.-- (1) Threatened and endangered species habitat.--In the case of an authorized wildfire prevention project carried out on threatened and endangered species habitat, the project shall be carried out-- (A) to provide enhanced protection from wildfire, including catastrophic wildfire, for the endangered species, threatened species, or habitat of the endangered species or threatened species; and (B) in compliance with any applicable guidelines specified in the species recovery plan prepared under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533). (2) At-risk forests.--In the case of an authorized wildfire prevention project carried out in an at-risk forest, the project shall be carried out to move Federal land in condition class II or III toward condition class I. (c) Grazing.--Domestic livestock grazing may be used in an authorized wildfire prevention project to reduce surface fuel loads and to recover burned areas. Utilization standards shall not apply when domestic livestock grazing is used in an authorized wildfire prevention project. (d) Timber Harvesting and Thinning.--Timber harvesting and thinning may be used in an authorized wildfire prevention project to reduce ladder and canopy fuel loads to prevent wildfire, including catastrophic wildfire. (e) Relation to Land and Resource Management Plans and Land Use Plan.--Nothing in this section requires the Secretary concerned, as a condition of conducting an authorized wildfire prevention project, to revise or amend the land and resource management plan applicable to the National Forest System lands or the land use plan applicable to the public lands on which the project will be conducted. (f) Consideration of Public Petitions.--Not later than 60 days after receiving a public petition for the designation of Federal land as an at-risk forest or as threatened and endangered species habitat, the Secretary concerned shall-- (1) review the petition; and (2) make a determination regarding such designation. SEC. 5. PUBLIC REVIEW AND ENVIRONMENTAL ANALYSIS. (a) Public Notice and Comment.-- (1) Proposed projects.--The Secretary concerned shall publish in the Federal Register notice of a proposed authorized wildfire prevention project. The public may submit to the Secretary specific written comments that relate to the project within 30 days after the date of publication of the notice. (2) Final decision.--Not later than 60 days after the date on which notice was published under paragraph (1) with regard to a proposed authorized wildfire prevention project and after taking into account any comments received under such paragraph, the Secretary concerned shall designate the final project and publish in the Federal Register notice of final designated project. Only persons who submitted comments regarding the proposed project under paragraph (1) may submit to the Secretary specific written comments that relate to the final designated project. Any comments regarding the final designated prevention project must be submitted within 30 days after the date of the publication of the notice. (b) Environmental Analysis Generally.--Except as otherwise provided in this Act, the Secretary concerned shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws in planning and conducting an authorized wildfire prevention project. (c) Interagency Cooperation.--The informal consultation requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as codified in section 402.05 of title 50, Code of Federal Regulations shall apply to an authorized wildfire prevention project. (d) Special Rules for Certain Projects.-- (1) Covered projects; deadline.--If an authorized wildfire prevention project includes timber harvesting or grazing, the Secretary concerned shall prepare an environmental assessment within 30 days after the date on which notice was published under subsection (a)(1) for the proposed agency action under section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)). (2) Effect of failure to meet deadline.--The authorized wildfire prevention project shall be deemed compliant with all requirements of the National Environmental Policy Act of 1969 if the Secretary concerned fails to meet the deadline specified in paragraph (1). (3) Project lengths.--In the case of a livestock grazing project, the environmental assessment shall be deemed sufficient for a minimum of 10 years. In the case of a timber harvest project, the environmental assessment shall be deemed sufficient for a minimum of 20 years. (4) Alternatives.--Nothing in this section requires the Secretary concerned to study, develop, or describe any alternative to the proposed agency action in the environmental assessment conducted under paragraph (1). (e) Effect of Compliance.--Compliance with this section shall be deemed to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.), section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.). SEC. 6. ADMINISTRATIVE AND JUDICIAL REVIEW. (a) Administrative Review.--Administrative review of an authorized wildfire prevention project shall occur in accordance with the special administrative review process established under section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515). (b) Judicial Review.--Judicial review of an authorized wildfire prevention project shall occur in accordance with section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516). SEC. 7. THREATENED AND ENDANGERED SPECIES DESIGNATIONS. Before listing any species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary concerned shall conduct research to find what impact a listing would have on forest fuel loads, both forage and timber. Endangered species recovery plans and critical habitat determinations shall include wildfire risk assessment analysis.

Catastrophic Wildfire Prevention Act of 2012 - Authorizes the Secretary of Agriculture (USDA), with respect to National Forest System lands, and the Secretary of the Interior, with respect to public lands, (the Secretaries) to implement authorized wildfire prevention projects in at-risk forests and threatened and endangered species in a manner that focuses on surface, ladder, and canopy fuels reduction activities. Requires projects carried out on threatened and endangered species habitat to: (1) provide enhanced protection from wildfire, including catastrophic wildfire, for the endangered species, threatened species, or their habitat; and (2) comply with applicable recovery plan guidelines. Requires projects carried out in at-risk forests to move the federal land from condition class II or III toward condition class I. Permits use in a project of: (1) domestic livestock grazing to reduce surface fuel loads and to recover burned areas; and (2) timber harvesting and thinning to reduce ladder and canopy fuel loads for the prevention of wildfire, including catastrophic wildfires. Directs the Secretaries to review public petitions for, and make determinations with respect to, the designation of federal lands as at-risk forests or as threatened and endangered species habitats. Requires notice in the Federal Register of proposed projects and final designated projects and permits public comment on projects as specified. Instructs the Secretaries to prepare an environmental assessment for projects that include timber harvesting or grazing. Instructs the Secretaries to research what impact any listing of a species under the Endangered Species Act of 1973 would have on both forage and timber forest fuel loads. Requires endangered species recovery plans and critical habitat determinations to include a wildfire risk assessment analysis.

To address the forest health, public safety, and wildlife habitat threat presented by the risk of wildfire, including catastrophic wildfire, on National Forest System lands and public lands managed by the Bureau of Land Management by requiring the Secretary of Agriculture and the Secretary of the Interior to expedite forest management projects relating to hazardous fuels reduction, forest health, and economic development, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizen Consumer Protection Act of 1993''. SEC. 2. IMPROVEMENT AND CLARIFICATION OF PROVISIONS PROHIBITING MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE TO SOCIAL SECURITY PROGRAMS AND AGENCIES. (a) Prohibition of Unauthorized Reproduction, Reprinting, or Distribution for Fee of Certain Official Publications.--Section 1140(a) of the Social Security Act (42 U.S.C. 1320b-10(a)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(a)''; and (3) by adding at the end the following new paragraph: ``(2) No person may, for a fee, reproduce, reprint, or distribute any item consisting of a form, application, or other publication of the Social Security Administration unless such person has obtained specific, written authorization for such activity in accordance with regulations which the Secretary shall prescribe.''. (b) Addition to Prohibited Words, Letters, Symbols, and Emblems.-- Paragraph (1) of section 1140(a) of such Act (as redesignated by subsection (a)) is further amended-- (1) in subparagraph (A) (as redesignated), by striking ``Administration', the letters `SSA' or `HCFA','' and inserting ``Administration', `Department of Health and Human Services', `Health and Human Services', `Supplemental Security Income Program', or `Medicaid', the letters `SSA', `HCFA', `DHHS', `HHS', or `SSI',''; and (2) in subparagraph (B) (as redesignated), by striking ``Social Security Administration'' each place it appears and inserting ``Social Security Administration, Health Care Financing Administration, or Department of Health and Human Services'', and by striking ``or of the Health Care Financing Administration''. (c) Exemption for Use of Words, Letters, Symbols, and Emblems of State and Local Government Agencies by Such Agencies.--Paragraph (1) of section 1140(a) of such Act (as redesignated by subsection (a)) is further amended by adding at the end the following new sentence: ``The preceding provisions of this subsection shall not apply with respect to the use by any agency or instrumentality of a State or political subdivision of a State of any words or letters which identify an agency or instrumentality of such State or of a political subdivision of such State or the use by any such agency or instrumentality of any symbol or emblem of an agency or instrumentality of such State or a political subdivision of such State.''. (d) Inclusion of Reasonableness Standard.--Section 1140(a)(1) of such Act (as amended by the preceding provisions of this section) is further amended, in the matter following subparagraph (B) (as redesignated), by striking ``convey'' and inserting ``convey, or in a manner which reasonably could be interpreted or construed as conveying,''. (e) Ineffectiveness of Disclaimers.--Subsection (a) of section 1140 of such Act (as amended by the preceding provisions of this section) is further amended by adding at the end the following new paragraph: ``(3) Any determination of whether the use of one or more words, letters, symbols, or emblems (or any combination or variation thereof) in connection with an item described in paragraph (1) or the reproduction, reprinting, or distribution of an item described in paragraph (2) is a violation of this subsection shall be made without regard to any inclusion in such item (or any so reproduced, reprinted, or distributed copy thereof) of a disclaimer of affiliation with the United States Government or any particular agency or instrumentality thereof.''. (f) Violations With Respect to Individual Items.--Section 1140(b)(1) of such Act (42 U.S.C. 1320b-10(b)(1)) is amended by adding at the end the following new sentence: ``In the case of any items referred to in subsection (a)(1) consisting of pieces of mail, each such piece of mail which contains one or more words, letters, symbols, or emblems in violation of subsection (a) shall represent a separate violation. In the case of any item referred to in subsection (a)(2), the reproduction, reprinting, or distribution of such item shall be treated as a separate violation with respect to each copy thereof so reproduced, reprinted, or distributed.''. (g) Elimination of Cap on Aggregate Liability Amount.-- (1) Repeal.--Paragraph (2) of section 1140(b) of such Act (42 U.S.C. 1320b-10(b)(2)) is repealed. (2) Conforming amendments.--Section 1140(b) of such Act is further amended-- (A) by striking ``(1) Subject to paragraph (2), the'' and inserting ``The''; (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (C) in paragraph (1) (as redesignated), by striking ``subparagraph (B)'' and inserting ``paragraph (2)''. (h) Removal of Formal Declination Requirement.--Section 1140(c)(1) of such Act (42 U.S.C. 1320b-10(c)(1)) is amended by inserting ``and the first sentence of subsection (c)'' after ``and (i)''. (i) Penalties Relating to Social Security Administration Deposited in OASI Trust Fund.--Section 1140(c)(2) of such Act (42 U.S.C. 1320b- 10(c)(2)) is amended in the second sentence by striking ``United States.'' and inserting ``United States, except that, to the extent that such amounts are recovered under this section as penalties imposed for misuse of words, letters, symbols, or emblems relating to the Social Security Administration, such amounts shall be deposited into the Federal Old-Age and Survivor's Insurance Trust Fund.''. (j) Enforcement.--Section 1140 of such Act (42 U.S.C. 1320b-10) is amended by adding at the end the following new subsection: ``(d) The preceding provisions of this section shall be enforced through the Office of Inspector General of the Department of Health and Human Services.''. (k) Annual Reports.--Section 1140 of such Act (as amended by the preceding provisions of this section) is further amended by adding at the end the following new subsection: ``(e) The Secretary shall include in the annual report submitted pursuant to section 704 a report on the operation of this section during the year covered by such annual report. Such report shall specify-- ``(1) the number of complaints of violations of this section received by the Social Security Administration during the year, ``(2) the number of cases in which a notice of violation of this section was sent by the Social Security Administration during the year requesting that an individual cease activities in violation of this section, ``(3) the number of complaints of violations of this section referred by the Social Security Administration to the Inspector General in the Department of Health and Human Services during the year, ``(4) the number of investigations of violations of this section undertaken by the Inspector General during the year, ``(5) the number of cases in which a demand letter was sent during the year assessing a civil money penalty under this section, ``(6) the total amount of civil money penalties assessed under this section during the year, ``(7) the number of requests for hearings filed during the year pursuant to subsection (c)(1) of this section and section 1128A(c)(2), ``(8) the disposition during such year of hearings filed pursuant to sections 1140(c)(1) and 1128A(c)(2), and ``(9) the total amount of civil money penalties under this section deposited into the Federal Old-Age and Survivors Insurance Trust Fund during the year.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to violations occurring after the date of the enactment of this Act.

Senior Citizen Consumer Protection Act of 1993 - Amends title XI of the Social Security Act to revise the prohibitions and penalties against misleading mailings. Requires penalties relating to misleading mailings to be deposited in the Federal Old-Age and Survivors Insurance Trust Fund. Confers responsibility upon the Inspector General of the Department of Health and Human Services for enforcing such prohibitions. Requires annual reports to the Congress with respect to prohibition violations and associated penalties.

Senior Citizen Consumer Protection Act of 1993

SECTION 1. AMENDMENT AND EXTENSION OF IRISH PEACE PROCESS CULTURAL AND TRAINING PROGRAM. (a) Irish Peace Process Cultural and Training Program Act.-- (1) Program participant requirements.--Section 2(a) of the Irish Peace Process Cultural and Training Program Act of 1998 (8 U.S.C. 1101 note) is amended by adding at the end the following: ``(5) Program participant requirements.--An alien entering the United States as a participant in the program shall satisfy the following requirements: ``(A) The alien shall be a citizen of the United Kingdom or the Republic of Ireland. ``(B) The alien shall be between 21 and 35 years of age on the date of departure for the United States. ``(C) The alien shall have resided continuously in a designated county for not less than 18 months before such date. ``(D) The alien shall have been continuously unemployed for not less than 12 months before such date. ``(E) The alien may not have a degree from an institution of higher education.''. (2) Extension of program.--Section 2 of the Irish Peace Process Cultural and Training Program Act of 1998 (8 U.S.C. 1101 note) is amended-- (A) in subsection (a)(3), by striking ``the third program year and for the 4 subsequent years,'' and inserting ``each program year,''; and (B) by amending subsection (d) to read as follows: ``(d) Sunset.-- ``(1) Effective October 1, 2008, the Irish Peace Process Cultural and Training Program Act of 1998 is repealed. ``(2) Effective October 1, 2008, section 101(a)(15)(Q) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Q)) is amended-- ``(A) by striking `or' at the end of clause (i); ``(B) by striking `(i)' after `(Q)'; and ``(C) by striking clause (ii).''. (3) Cost-sharing.--Section 2 of the Irish Peace Process Cultural and Training Program Act of 1998 (8 U.S.C. 1101 note), as amended by paragraph (2), is further amended-- (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (B) by inserting after subsection (b), the following new subsection: ``(c) Cost-sharing.--The Secretary of State shall verify that the United Kingdom and the Republic of Ireland continue to pay a reasonable share of the costs of the administration of the cultural and training programs carried out pursuant to this Act.''. (4) Technical amendments.--The Irish Peace Process Cultural and Training Program Act of 1998 (8 U.S.C. 1101 note) is amended-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and (B) by striking ``Immigration and Naturalization Service'' each place such term appears and inserting ``Department of Homeland Security''. (b) Immigration and Nationality Act.-- (1) Requirements for nonimmigrant status.--Section 101(a)(15)(Q) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Q)) is amended-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and (B) in clause (ii)(I)-- (i) by striking ``35 years of age or younger having a residence'' and inserting ``citizen of the United Kingdom or the Republic of Ireland, 21 to 35 years of age, unemployed for not less than 12 months, and having a residence for not less than 18 months''; and (ii) by striking ``36 months)'' and inserting ``24 months)''. (2) Foreign residence requirement.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (A) by redesignating the subsection (p) as added by section 1505(f) of Public Law 106-386 (114 Stat. 1526) as subsection (s); and (B) by adding at the end the following: ``(t)(1) Except as provided in paragraph (2), no person admitted under section 101(a)(15)(Q)(ii)(I), or acquiring such status after admission, shall be eligible to apply for nonimmigrant status, an immigrant visa, or permanent residence under this Act until it is established that such person has resided and been physically present in the person's country of nationality or last residence for an aggregate of at least 2 years following departure from the United States. ``(2) The Secretary of Homeland Security may waive the requirement of such 2-year foreign residence abroad if the Secretary determines that-- ``(A) departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or an alien lawfully admitted for permanent residence); or ``(B) the admission of the alien is in the public interest or the national interest of the United States.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Irish Peace Process Cultural and Training Program Act of 1998 (IPPCTPA) and the Immigration and Nationality Act (INA) to revise the nonimmigrant alien eligibility qualifications for participants in the Irish Peace Process Cultural and Training Program. Sets a minimum age of 21 (retaining the current age 35 maximum) and requires that the individual: (1) be a citizen of the United Kingdom or the Republic of Ireland; (2) have been unemployed continuously for at least 12 months; (3) have resided continuously for at least 18 months in Northern Ireland or one of designated border counties of the Republic of Ireland; and (4) not have a degree from an institution of higher education. Requires the Department of Homeland Security to report to Congress each program year (currently, the third program year and the four subsequent years) on the number of aliens admitted under the program who have overstayed their visas. Extends the authority of the IPPCTPA through FY 2008. Requires the Secretary of State to verify that the United Kingdom and the Republic of Ireland continue to pay a reasonable share of costs for administration of IPPCTPA programs. Amends the INA to reduce from 36 to 24 months the temporary period of the visit to the United States for participation in the program. Denies any such person eligibility to apply for nonimmigrant status, an immigrant visa, or permanent residence until he or she has resided and been physically present in the country of nationality or last residence for an aggregate of a least two years following departure from the United States. Authorizes the Secretary of Homeland Security to waive this requirement if: (1) departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a U.S. citizen or a lawfully resident alien); or (2) the admission of the alien is in the U.S. public or national interest.

To amend and extend the Irish Peace Process Cultural and Training Program Act of 1998.

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``OSHA Reform Act of 1994''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Occupational Safety and Health Act of 1970. SEC. 2. REPEALS. Sections 8, 9, 10, 11, 12, and 17 (29 U.S.C. 657, 658, 659, 660, 666) are repealed. SEC. 3. OCCUPATIONAL SAFETY AND HEALTH STANDARDS. (a) Standard Basis.--Paragraph (5) of section 6(b) (29 U.S.C. 655(b)) is amended to read as follows: ``(5) The development of standards under this section shall be based upon the latest scientific data in the field and on such research, demonstrations, experiments, and other information as may be appropriate. In establishing such standards, the Secretary shall consider and make findings concerning the appropriateness of the standard to the following factors: ``(A) The standard is needed to address a significant risk of material impairment to workers and will substantially reduce that risk. ``(B) The standard is feasible. ``(C) There is a reasonable relationship between the costs and benefits of the standard. ``(D) The standard will provide protection to employees in the most cost-effective manner to minimize employment loss due to the standard in the affected industries. ``(E) Whenever practicable, the standard shall be expressed in terms of objective criteria and of the performance desired.''. (b) Toxic Materials or Harmful Physical Agents.--The second sentence of section 6(g) (29 U.S.C. 655(g)) is amended to read as follows: ``In determining the priority for establishing standards dealing with toxic materials or harmful physical agents, the Secretary shall consider the number of workers exposed to the material or agent, the nature and severity of the potential impairment, and the likelihood of such impairment.''. SEC. 4. NEW PROVISIONS. (a) Employee Participation.--The Act is amended by adding at the end the following: ``employee participation ``Sec. 33. In order to carry out the purposes of this Act to encourage employers and employees in their efforts to reduce the number of occupational safety and health hazards, an employee participation committee or other mechanism-- ``(1) in which employees participate, ``(2) which exists for the purpose, in whole or in part, of dealing with employees concerning the safety or health of working conditions or related matters, and ``(3) which does not have, claim, or seek authority to negotiate or enter into collective bargaining agreements with an employer or to amend existing collective bargaining agreements between and employer and any labor organization, shall not constitute a `labor organization' for purposes of section 8(a)(2) of the National Labor Relations Act or a representative for purposes of sections 1 and 2 of the Railway Labor Act. (b) Small Business Assistance and Training.--The Act, as amended by subsection (a), is amended by adding after section 33 the following: ``small business assistance and training ``Sec. 34. (a) The Secretary shall establish and implement a program to provide technical assistance and consultative services for employers and employees, either directly or by grant or contract, concerning worksite safety and health and compliance with this Act. Such assistance shall be targeted at small employers and the most hazardous industries. ``(b) This subsection authorizes the consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration and described in part 1908 of title 39 of the Code of Federal Regulations. ``(c) Not less than one-fourth of the annual appropriation made to the Secretary to carry out this Act shall be expended for the purposes described in this section.''. (c) Voluntary Protection Program Award.--The Act, as amended by subsection (b), is amended by adding after section 34 the following: ``voluntary protection program award ``Sec. 35. (a) The Secretary shall establish an award which shall periodically be made to companies and other organizations which have implemented particularly effective approaches to addressing occupational safety and health in the workplace, including those which provide for effective employee involvement in improving safety and health and which are as a consequence deserving of special recognition. ``(b) A company or organization to which an award is made under subsection (a) and which agrees to help other American companies or organizations improve their occupational safety and health may publicize its receipt of such award and use the award in its advertising, but it shall be ineligible to receive another such award in the same category for a period of 5 years. ``(c)(1) Subject to paragraph (2), separate awards shall be made to qualifying organizations and companies in each of the following categories-- ``(A) Small businesses. ``(B) Other companies or their subsidiaries. ``(C) Companies which primarily perform construction work. ``(2) Change in list.--The Secretary may at any time expand, subdivide, or otherwise modify the list of categories within which awards may be made as initially in effect under paragraph (1) and may establish separate awards for other organizations and companies including units of government, upon a determination that the objectives of this section would be better served thereby; except that any such expansion, subdivision, modification, or establishment shall not be effective unless and until the Secretary has submitted a detailed description thereof to the Congress and a period of 30 days has elapsed since that submission. ``(3) Not more than 2 awards may be made within any subcategory in any year (and no award shall be made within any category or subcategory if there are no qualifying enterprises in that category or subcategory). ``(d) An organization or company may qualify for an award under subsection (a) only if it-- ``(1) applies to the Secretary in writing, for the award, ``(2) permits a rigorous evaluation of its occupational safety and health operations, and ``(3) meets such requirements and specifications as the Secretary determines to be appropriate to achieve the objectives of this section. In applying paragraph (3) with respect to any organization or company, the Secretary shall rely upon an intensive evaluation of the occupational safety and health operation. The examination should encompass all aspects of the organization's or company's current occupational safety and health practice. The award shall be given only to organizations and companies which have made outstanding improvements in their occupational safety and health practices and which demonstrate effective occupational safety and health practices through the training and involvement of all levels of personnel. ``(e) The Secretary shall ensure that all program participants receive the complete results of their audits as well as detailed explanations of all suggestions for improvements. The Secretary shall also provide information about the awards and the successful quality improvement strategies and programs of the award-winning participants to all participants and other appropriate groups. ``(f) The Secretary is authorized to seek and accept gifts from public and private sources to carry out the program under this section. If additional sums are needed to cover the full cost of the program, the Secretary shall impose fees upon the organizations and companies applying for the award in amounts sufficient to provide such additional sums. ``(g) The Secretary shall prepare and submit to the President and the Congress, within 3 years after the date of the enactment of this section, a report on the progress, findings, and conclusions of activities conducted pursuant to this section along with recommendations for possible modifications thereof.''.

OSHA Reform Act of 1994 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to repeal provisions for: (1) inspections, investigations, and recordkeeping; (2) citations; (3) enforcement procedures; (4) judicial review; and (5) civil and criminal penalties. Requires a continuing comprehensive economic analysis of the costs and benefits of each OSHA standard. Directs the Secretary of Labor to consider the number of workers exposed to the toxic material or harmful physical agent, the nature and severity of the potential impairment, and the likelihood of such impairment, in determining the priority for establishing standards dealing with such materials or agents. Provides that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. Establishes a small business assistance and training program, including: (1) technical assistance and consultative services for employers and employees, targeted at small businesses and the most hazardous industries; and (2) certain consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration. Requires that at least one-fourth of the annual appropriation to carry out OSHA be expended for such assistance and training program. Directs the Secretary of Labor to periodically make an award to companies and other organizations which have implemented particularly effective approaches to occupational safety and health, including those providing for effective employee involvement.

OSHA Reform Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Testing Fairness Act''. SEC. 2. NEW DRUG CLINICAL INVESTIGATIONS. Section 505(b) of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following: ``(4)(A) Clinical investigations submitted as part of an application in accordance with paragraph (1)(A) shall include women and members of minority groups as subjects of such investigations unless the inclusion of women and minority groups is inappropriate with respect to the drug under investigation or is otherwise inappropriate under such guidelines as the Secretary shall by rule establish in accordance with subparagraph (B). ``(B) The guidelines of the Secretary respecting the inclusion of women and members of minority groups in clinical investigations-- ``(i) shall provide that the costs of such inclusion is not a permissible consideration in determining whether such inclusion is inappropriate, ``(ii) shall provide that women or minority groups are not required to be included if women or minority groups will not be using the drug under investigation, and ``(iii) may provide that such inclusion is not required if there is substantial scientific data demonstrating that there is no significant difference between the effects that the variables to be studied in the investigation have on women or members of minority groups, respectively, and on the other individuals who would serve as subjects in the investigation in the event that the inclusion of women and members of minority groups was not required. ``(C) Phase three clinical investigations which are submitted as part of an application in accordance with paragraph (1)(A) shall be designed so that there is a valid analysis of whether the drug under investigation affects women or members of minority groups differently than other users of the drug. If the Secretary determines that it would be appropriate for other phases of such investigations to be so designed, such other phases shall be so designed.''. SEC. 3. DEVICE CLINICAL INVESTIGATIONS. Section 515(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(c)) is amended by adding at the end the following: ``(3)(A) Clinical investigations submitted as part of an application in accordance with paragraph (1) shall include women and members of minority groups as subjects of such investigations unless the inclusion of women and minority groups is inappropriate with respect to the device under investigation or is otherwise inappropriate under such guidelines as the Secretary shall by rule establish in accordance with subparagraph (B). ``(B) The guidelines of the Secretary respecting the inclusion of women and members of minority groups in clinical investigations-- ``(i) shall provide that the costs of such inclusion is not a permissible consideration in determining whether such inclusion is inappropriate, ``(ii) shall provide that women or minority groups are not required to be included if women or minority groups will not be using the device under investigation, and ``(iii) may provide that such inclusion is not required if there is substantial scientific data demonstrating that there is no significant difference between the effects that the variables to be studied in the investigation have on women or members of minority groups, respectively, and on the other individuals who would serve as subjects in the investigation in the event that the inclusion of women and members of minority groups was not required. ``(C)(i) Clinical investigations designated by the Secretary under clause (ii) which are submitted as part of an application in accordance with paragraph (1) shall be designed so that there is a valid analysis of whether the device under investigation affects women or members of minority groups differently than other users of the device. ``(ii) The Secretary shall designate which of the clinical investigations submitted as part of an application under paragraph (1) shall be subject to the requirement of clause (i).''. SEC. 5. BIOLOGICAL PRODUCTS CLINICAL INVESTIGATIONS. Section 351(c) of the Public Health Service Act (42 U.S.C. 262(c)) is amended by adding at the end the following: ``(3)(A) Clinical investigations submitted as part of an application in accordance with paragraph (1) shall include women and members of minority groups as subjects of such investigations unless the inclusion of women and minority groups is inappropriate with respect to the biological product under investigation or is otherwise inappropriate under such guidelines as the Secretary shall by rule establish in accordance with subparagraph (B). ``(B) The guidelines of the Secretary respecting the inclusion of women and members of minority groups in clinical investigations-- ``(i) shall provide that the costs of such inclusion is not a permissible consideration in determining whether such inclusion is inappropriate, ``(ii) shall provide that women or minority groups are not required to be included if women or minority groups will not be using the biological product under investigation, and ``(iii) may provide that such inclusion is not required if there is substantial scientific data demonstrating that there is no significant difference between the effects that the variables to be studied in the investigation have on women or members of minority groups, respectively, and on the other individuals who would serve as subjects in the investigation in the event that the inclusion of women and members of minority groups was not required. ``(C)(i) Clinical investigations designated by the Secretary under clause (ii) which are submitted as part of an application in accordance with paragraph (1) shall be designed so that there is a valid analysis of whether the device under investigation affects women or members of minority groups differently than other users of the device. ``(ii) The Secretary shall designate which of the clinical investigations submitted as part of an application under paragraph (1) shall be subject to the requirement of clause (i).''.

Pharmaceutical Testing Fairness Act - Amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to require the inclusion of women and minorities in clinical investigations of new drugs, biological products, and medical devices.

Pharmaceutical Testing Fairness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Routes to Teacher Certification Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) If current trends continue, American schools will need to hire more than two million teachers in the next decade to educate an increasing number of students and to replace current teachers who will retire or leave the profession. (2) There are highly qualified individuals who serve in other occupations that are interested in pursuing a teaching career; in 1996, ten percent of all teachers at the elementary or secondary level worked in an occupation outside of education in the previous year. (3) Schools are having trouble recruiting qualified teachers. Nearly three-quarters of physical science students and one-third of English students in high-poverty schools take classes from unqualified teachers. Urban and rural areas face significant challenges in finding highly qualified teachers. (4) In addition, while one-third of American students in 1998 are members of minority groups, members of racial and ethnic minorities make up only 13 percent of the teaching force. In 1988, only eight percent of teacher education students enrolled in a national representative sample of college programs were minorities, while one study indicates that more than one third of the alternative route candidates were minorities. (5) The same study found that 69 percent of alternatively certified teacher interns that are being trained to teach mathematics would prefer to teach in an urban or city setting, while only 14 percent of university-certified teacher candidates in mathematics chose an urban or city setting. (6) Bringing distinctive life experiences and perspectives into the classroom can enrich the instructional curriculum and school climate, and enhance the quality of American education. Alternative routes to certification programs help open the teaching profession to individuals with high subject knowledge and diverse life and professional experiences. (7) Alternative routes to certification partnerships will target Federal dollars directly to local school districts that desire to create a program that will attract qualified teachers to areas of high need, which would include a shortage of teachers in a subject-content area. (8) Alternative routes to certification programs should help states develop new teacher-licensing policies based on subject-matter knowledge, teaching knowledge, teaching skills, and other performance-based examinations. SEC. 3. ALTERNATIVE ROUTES TO TEACHER CERTIFICATION. Title V of the Higher Education Act of 1965 is amended by adding the end the following new part: ``PART G--ALTERNATIVE ROUTES TO TEACHER CERTIFICATION ``SEC. 599A. PURPOSE; PARTNERSHIP FUNCTIONS; AUTHORIZATION OF APPROPRIATIONS. ``(a) Purpose.--The purpose of this part is to improve the supply of well-qualified elementary school and secondary school teachers-- ``(1) by authorizing support for partnerships that will have a significant impact on increasing the pool of qualified teachers for the purpose of developing alternative routes for preparing and certifying teachers in elementary and secondary schools; and ``(2) by awarding grants to innovative programs that recruit, prepare, and retain high quality individuals who plan to enter teaching from another occupational field and seek to become licensed teachers. ``(b) Partnership Functions.--A partnership under this part shall-- ``(1) recruit highly qualified individuals who hold postsecondary degrees in the academic subject area in which they plan to teach or a closely related field and who-- ``(A) plan to enter teaching from another occupational field and seek to become licensed teachers, which may include paraprofessionals seeking to achieve full teacher certification; teachers whom the partner local educational agencies have hired under `emergency certification' procedures; or former military personnel, mid-career professionals, or AmeriCorps or Peace Corps volunteers who desire to enter teaching; or ``(B) recent college graduates who (i) have a record of academic distinction, and (ii) hold a bachelor of arts degree in the academic subject area in which they plan to teach or a closely related field; ``(2) meet the needs of participating schools in addressing high demand areas; and ``(3) encourage States to develop new teacher-licensing policies based on subject-matter knowledge, teaching knowledge, teaching skills, and other performance-based examinations. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $15,000,000 for fiscal year 1999, and such sums as necessary for 4 succeeding fiscal years. ``SEC. 599B. PROGRAM AUTHORIZED. ``(a) Grants by the Secretary.--The Secretary is authorized to award grants, on a competitive basis, to eligible applicants for the purposes of recruiting, preparing, and retaining high quality individuals who plan to enter teaching from another occupational field. ``(b) Grants Duration; Continuation.--The Secretary shall make competitive grants to partnerships, subject to the availability of appropriations, for a period not to exceed 5 years, including no more than 1 year to be used for planning and preparation. The Secretary may make continuation awards only after determining satisfactory progress. The Secretary shall conduct an extensive review of progress, with the assistance of outside experts, before making a continuation award for the 4th year. ``SEC. 599C. GRANT APPLICATIONS AND CONTRACTS. ``To receive an award under this subpart, an eligible applicant shall submit to the Secretary an application that-- ``(1) designates a fiscal agent for the partnership; ``(2) contains a description of how the partnerships will develop an alternative route to a certification program that leads to an increased pool of highly qualified individuals entering the teaching profession; ``(3) contains information on the quality of the program, and how the applicants will ensure that high quality applicants will be recruited and prepared; ``(4) contains a description of the assessment that the partnership has undertaken to determine the critical teacher recruitment needs of the local educational agency; ``(5) contains a description of recruitment and outreach efforts; number and types of students that will be served under the program, which may include paraprofessionals, `emergency certification' hires; former military personnel, mid-career professionals or returned Peace Corps or AmeriCorps volunteers; ``(6) contains a description of-- ``(A) how the partnership will use funds to increase the number of recruits with high potential to be effective teachers that participate in its alternative certification program; ``(B) the criteria applicant will use to select students; ``(C) how the partnership will develop and implement performance criteria for program and candidate evaluation; ``(D) how the State agency will develop new teacher-licensing policies based on subject-matter knowledge, teaching knowledge, teaching skills, and other performance-based examinations; ``(E) the activities that will be carried out under the grant, including a description or justification of support services and induction program that will be offered to participating recruits; and ``(F) the commitments by the local educational agency partner to hire qualified individuals who complete the alternative certification program. ``SEC. 599D. USES OF FUNDS. ``(a) Required Activities.--In order to increase the pool of highly qualified individuals entering the teaching profession by developing alternative routes to certification, and to encourage States to develop new teacher-licensing policies based on subject-matter knowledge, teaching knowledge, teaching skills, and other performance-based examinations, each partnership selected to receive a grant under this part shall use the grant funds for each of the following purposes: ``(1) To develop, design, and implement programs that recruit and train highly qualified individuals to become licensed to teach in elementary and secondary schools. ``(2) To undertake an assessment to determine the critical needs of the local educational agency, particularly in terms of teacher recruitment. ``(3) To develop outreach and recruitment efforts to attract high quality individuals. ``(4) To develop new teacher-licensing policies based on subject-matter knowledge, teaching knowledge, teaching skills, and other performance-based examinations. ``(5) To develop an induction program, to include mentoring and support services. ``SEC. 599E. EVALUATION. ``The Secretary shall evaluate programs under this part. Such evaluation shall include-- ``(1) an evaluation of the effectiveness of the program in ensuring all teachers have demonstrated subject-matter knowledge, teaching knowledge, and teaching skills necessary to teach effectively in the content area or areas in which he or she will provide instruction; ``(2) a comparison of student achievement outcomes between teachers certified through grant alternative program and teachers certified through traditional programs; and ``(3) an assessment of increases in the pool of qualified applicants to alleviate teacher shortage in underserved areas, including minority individuals. ``SEC. 599F. DEFINITIONS. ``(a) For purposes of this part: ``(1) Eligible applicant.--The term `eligible applicant' means a partnership of-- ``(A) the State agency responsible for certification of teachers; ``(B) 1 or more local education agencies that-- ``(i) are eligible for assistance for title I of the Elementary and Secondary Education Act of 1965; and ``(ii) have an enrollment of children counted under section 1124(c) of that Act that exceeds 30 percent of the total enrollment of the district; and ``(C) 1 or more nonprofit organizations, including institutions of higher education, that prepare teachers for their initial entry into the teaching profession. Partnerships may also include 2-year colleges, other public and private, nonprofit agencies and organizations that serve, or are located in, communities served by the local education agencies in the partnership, and that have a record of training teachers. ``(2) Alternative route to certification.--The term `alternative route to certification' means a program, specifically for individuals who have at least a bachelor's degree, to obtain initial teacher licensure and to teach in elementary and secondary schools, and in which the awarded licenses are equal to licenses issued to teachers who complete a traditional teacher education program route. ``(3) Highly qualified individuals.--The term `highly qualified individuals' means individuals who have demonstrated the subject matter knowledge, the ability to attain teaching knowledge, and teaching skills necessary to teach effectively in the content area or areas in which he or she will provide instruction. ``(b) Matching Requirement.--The Federal share of the cost of activities carried out under a grant shall not exceed 75 percent. The non-Federal share of activities may be provided in cash or in kind, and may be obtained from any non-Federal public or private source.''.

Alternative Routes to Teacher Certification Act of 1998 - Amends title V (Educator Recruitment, Retention, and Development) of the Higher Education Act of 1965 to add a new part G, Alternative Routes to Teacher Certification, to increase the supply of well-qualified elementary school and secondary school teachers. Authorizes appropriations. Authorizes the Secretary of Education to award competitive grants to eligible partnerships to recruit, prepare, and retain high quality individuals who plan to enter teaching from another occupational field. Sets forth requirements for grant duration and continuation, partnership eligibilty and applications, uses of funds, evaluation, and non-Federal matching funds.

Alternative Routes to Teacher Certification Act of 1998

SECTION 1. SHORT TITLE, REFERENCE. (a) Short Title.--This Act may be cited as the ``S Corporation Modernization Act of 2015''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS MADE PERMANENT. (a) In General.--Section 1374(d)(7) is amended to read as follows: ``(7) Recognition period.--The term `recognition period' means the 5-year period beginning with the 1st day of the 1st taxable year for which the corporation was an S corporation. For purposes of applying this section to any amount includible in income by reason of distributions to shareholders pursuant to section 593(e), the preceding sentence shall be applied without regard to the duration of the recognition period in effect on the date of such distribution.''. (b) Effective Date.--The amendment made by this section-- (1) shall apply for purposes of determining the recognition period with respect to 1st days referred to in section 1374(d)(7) of the Internal Revenue Code of 1986 occurring before, on, or after January 1, 2015, but (2) shall not apply for purposes of determining the tax imposed by section 1374 of such Code for taxable years ending before such date. SEC. 3. REPEAL OF EXCESSIVE PASSIVE INVESTMENT INCOME AS A TERMINATION EVENT. Section 1362(d)(3) is amended by adding at the end the following new subparagraph: ``(D) Termination.--This paragraph shall not apply to taxable years beginning after December 31, 2014.''. SEC. 4. MODIFICATIONS TO PASSIVE INCOME RULES. (a) Increased Limit.-- (1) In general.--Section 1375(a)(2) is amended by striking ``25 percent'' and inserting ``60 percent''. (2) Conforming amendments.-- (A) Section 26(b)(2)(J) is amended by striking ``25 percent'' and inserting ``60 percent''. (B) Section 1375(b)(1)(A)(i) is amended by striking ``25 percent'' and inserting ``60 percent''. (C) The heading for section 1375 is amended by striking ``25 percent'' and inserting ``60 percent''. (D) The table of sections for part III of subchapter S of chapter 1 is amended by striking ``25 percent'' in the item relating to section 1375 and inserting ``60 percent''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 5. EXPANSION OF QUALIFYING BENEFICIARIES OF AN ELECTING SMALL BUSINESS TRUST. (a) No Look Through for Eligibility Purposes.--Section 1361(c)(2)(B)(v) is amended by adding at the end the following new sentence: ``This clause shall not apply for purposes of subsection (b)(1)(C).''. (b) Effective Date.--The amendment made by this section shall take effect on January 1, 2015. SEC. 6. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE IRAS. (a) In General.--Section 1361(c)(2)(A)(vi) is amended to read as follows: ``(vi) A trust which constitutes an individual retirement account under section 408(a), including one designated as a Roth IRA under section 408A.''. (b) Sale of Stock in IRA Relating to S Corporation Election Exempt From Prohibited Transaction Rules.--Section 4975(d)(16) is amended to read as follows: ``(16) a sale of stock held by a trust which constitutes an individual retirement account under section 408(a) to the individual for whose benefit such account is established if-- ``(A) such sale is pursuant to an election under section 1362(a) by the issuer of such stock, ``(B) such sale is for fair market value at the time of sale (as established by an independent appraiser) and the terms of the sale are otherwise at least as favorable to such trust as the terms that would apply on a sale to an unrelated party, ``(C) such trust does not pay any commissions, costs, or other expenses in connection with the sale, and ``(D) the stock is sold in a single transaction for cash not later than 120 days after the S corporation election is made.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2015. SEC. 7. ALLOWANCE OF DEDUCTION FOR CHARITABLE CONTRIBUTIONS FOR ELECTING SMALL BUSINESS TRUSTS. (a) In General.--Section 641(c)(2)(C) is amended by adding at the end the following new sentence: ``The deduction for charitable contributions allowed under clause (i) shall be determined without regard to section 642(c), and the limitations imposed by section 170(b)(1) on the amount of the deduction shall be applied to the electing small business trust as if it were an individual.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 8. PERMANENT RULE REGARDING BASIS ADJUSTMENT TO STOCK OF S CORPORATIONS MAKING CHARITABLE CONTRIBUTIONS OF PROPERTY. (a) In General.--Section 1367(a)(2) is amended by striking the last sentence. (b) Effective Date.--The amendment made by this section shall apply to contributions made in taxable years beginning after December 31, 2014.

S Corporation Modernization Act of 2015  Amends the Internal Revenue Code to revise the tax treatment of S corporations by: (1) permanently reducing from 10 to 5 years the period during which S corporation built-in gains are subject to tax, (2) repealing mandatory termination of S corporation elections for excessive passive investment income, (3) allowing S corporations to increase passive investment income from 25 to 60% without incurring additional tax, (4) allowing nonresident aliens to be potential current beneficiaries of an electing small business trust (ESBT), (5) allowing individual retirement accounts to be S corporation shareholders, (6) allowing ESBTs to claim expanded charitable tax deductions, and (7) making permanent the rule requiring a basis adjustment to stock of an S corporation making charitable contributions of property.

S Corporation Modernization Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Procurement Protest Clarification Act of 1993''. SEC. 2. SHORT TITLES OF CERTAIN PROVISIONS OF FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949. (a) Automatic Data Processing Equipment Provisions.--Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) is amended by adding at the end the following new subsection: ``(i) This section may be cited as the `Brooks Automatic Data Processing Act'.''. (b) Architectural and Engineering Services Provisions.--Title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541-544) is amended by adding at the end the following new section: ``SEC. 905. SHORT TITLE. ``This title may be cited as the `Brooks Architect-Engineers Act'.''. SEC. 3. REVOCATION OF DELEGATION. Section 111(b)(3) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(b)(3)) is amended in the third sentence by striking out the period and inserting in lieu thereof the following: ``, whether before or after award of a contract. The authority of the Administrator to revoke a delegation after a contract award is limited to those circumstances where there is a finding of a violation of law or regulation.''. SEC. 4. AUTHORITY OF BOARD. The first sentence of section 111(f)(1) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(1)) is amended to read as follows: ``Upon request of an interested party in connection with any procurement that is subject to this section (including any such procurement that is subject to delegation of procurement authority), the board of contract appeals of the General Services Administration (hereinafter in this subsection referred to as the `board') shall review, as provided in this subsection, any decision by a Federal agency that is alleged to violate a statute, a regulation, or the conditions of any delegation of procurement authority.''. SEC. 5. DISMISSAL; AWARD OF COSTS. Section 111(f)(4) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(4)) is amended by striking subparagraph (C) and inserting the following: ``(C) The board may dismiss a protest that the board determines-- ``(i) is frivolous, ``(ii) has been brought in bad faith, or ``(iii) on its face does not state a valid basis for protest. ``(D) If a party violates or fails to comply in good faith with, or causes a violation of or failure to comply in good faith with, an order or decision of the board, the board may construe the open facts of the case related to the violation against such party.''. SEC. 6. ENTITLEMENT TO COSTS. Section 111(f)(5)(C) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(5)(C)) is amended by striking out ``interested'' and inserting in lieu thereof ``prevailing''. SEC. 7. DISMISSALS. Section 111(f)(5) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(5)) is amended by adding at the end the following new subparagraphs: ``(D) Any agreement that provides for or contemplates the dismissal of a protest, and involves the direct or indirect expenditure of appropriated funds, shall be submitted to the board and, subject to board protective order, made a part of the public record before dismissal of the protest. Where an agency is a party to a settlement agreement, the agreement submitted to the board shall be accompanied by a memorandum, signed by the contracting officer, describing in detail the procurement; the grounds for protest; the Government's position regarding the grounds for protest; the terms of the settlement; and the agency's position regarding the propriety of the award or proposed award of the contract at issue in the protest. ``(E) Payment of amounts due from an agency under subparagraph (C) or under the terms of a settlement agreement under subparagraph (D) shall be made from the appropriation made by section 1304 of title 31, United States Code, for the payment of judgments, and the agency shall reimburse that appropriation account out of funds available for the procurement.''. SEC. 8. DEFINITIONS. (a) Protest.--Section 111(f)(9)(A) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(9)(A)) is amended to read as follows: ``(A) the term `protest' means a written objection by an interested party-- ``(i) to a solicitation or other request by a Federal agency for bids, proposals, or offers for a contract for the procurement of property or services; ``(ii) to the cancellation of such a solicitation or other request; ``(iii) to an award or proposed award of such a contract; or ``(iv) to a termination or cancellation of an award of such a contract, if that termination or cancellation was in whole or in part based on actual or alleged improprieties concerning the award of the contract;''. (b) Interested Party.--(1) Section 111(f)(9)(B) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(9)(B)) is amended to read as follows: ``(B) the term `interested party' means-- ``(i) with respect to a contract or proposed contract described in subparagraph (A), an actual or prospective bidder or offeror for that particular contract or proposed contract, including a contract awardee as intervenor, whose economic interest would be affected, as determined by the board-- ``(I) by the action which is the subject of the protest; and ``(II) by any relief that the board may order; or ``(ii) with respect to a solicitation or other request by a Federal agency for bids, proposals or offers described in subparagraph (A), a vendor whose economic interest would be affected, as determined by the board, by specifications in the solicitation or other request for bids, proposals, or offers that are alleged to be restrictive of competition; and''. (2)(A) Section 111(f)(9)(B)(ii) of the Federal Property and Administrative Services Act of 1949, as added by paragraph (1) of this subsection (relating to the definition of an interested party) is amended to read as follows: ``(ii) with respect to a solicitation or other request by a Federal agency for bids, proposals or offers described in subparagraph (A), a prospective bidder or offeror whose economic interest would be affected, as determined by the board, by specifications in the solicitation or other requests for bids, proposals, or offers that are alleged to be restrictive of competition; and''. (B) The amendment made by subparagraph (A) shall be effective on and after the date occurring 3 years after the date of the enactment of this Act. (3) No later than 42 months after the date of the enactment of this Act, the Comptroller General shall conduct a study and submit a report to the Committee on Governmental Affairs of the Senate and the Committee of Government Operations of the House of Representatives on the experiences of the Board of Contract Appeals of the General Services Administration in applying the provisions of section 111(f)(9)(B)(ii) of the Federal Property and Administrative Services Act of 1949. The comments of such board shall be included in such report. (c) Prevailing Party.--Section 111(f)(9) of the Federal Property and Administrative Services Act of 1949 is further amended by adding at the end thereof the following new subparagraph: ``(C) the term `prevailing party' means a party which succeeds in demonstrating that a challenged agency action violates a statute or regulation or the conditions of any delegation of procurement authority issued pursuant to this section, thereby resulting in a determination by the board under paragraph (5)(B).''. SEC. 9. OVERSIGHT OF ACQUISITION OF AUTOMATIC DATA PROCESSING EQUIPMENT BY FEDERAL AGENCIES. Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759), as amended by this Act, is further amended by inserting after subsection (g) the following new subsection: ``(h)(1) The Administrator shall collect and compile data regarding the procurement of automatic data processing equipment under this section. That data shall include, at a minimum, with regard to each procurement-- ``(A) the procuring agency; ``(B) the contractor; ``(C) the automatic data processing equipment and services procured; ``(D) the manufacturer of the equipment procured; ``(E) the amount of the contract to the extent that the amount is not proprietary information; ``(F) the type of contract used; ``(G) the extent of competition for award; ``(H) compatibility restrictions; ``(I) significant modifications of the contract; and ``(J) contract price to the extent that the price is not proprietary information. ``(2) The head of each Federal agency shall report to the Administrator in accordance with regulations issued by the Administrator all information required to be compiled by the Administrator under paragraph (1). ``(3) The Administrator shall-- ``(A) carry out a systematic review and conduct periodic audits of information received under this subsection; ``(B) use such information as appropriate to determine the compliance of Federal agencies with the requirements of this section; and ``(C) have the option to suspend the delegation to an agency of authority to lease and purchase automatic data processing equipment upon any failure by the head of the agency to report to the Administrator in accordance with this subsection.''. SEC. 10. POST-AWARD DEBRIEFINGS. (a) Amendment to Office of Federal Procurement Policy Act.--The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by adding at the end thereof the following new section: ``SEC. 29. POST-AWARD DEBRIEFINGS. ``(a) Debriefing.--When a contract is awarded on a basis other than price alone, unsuccessful offerors, upon their written request, shall be debriefed and furnished the basis for the selection decision and contract award. Unsuccessful offerors shall request such debriefing within 10 days after the contract award. Agencies shall debrief such offerors within 10 days of such a request. Where such an offeror requests such a debriefing, the time period for a protesting party to obtain a suspension of the Administrator's procurement authority or delegation of procurement authority under section 111(f)(2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(2)) shall be deemed to commence with the conduct of the debriefing. ``(b) Information Provided.--A debriefing under subsection (a) shall provide to the offeror requesting the debriefing-- ``(1) the Government's evaluation of the significant weak or deficient factors in the offeror's proposal; ``(2) the overall evaluated cost of the awardee and of the debriefed offeror; ``(3) the overall ranking of all offerors, and the total technical and cost scores of all offerors; ``(4) a synopsis of the rationale for the award; ``(5) in the case of a proposal that incorporates commercially available equipment, the make and model of commercially available equipment incorporated in the proposal of the awardee; and ``(6) reasonable responses to questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, the source selection plan, applicable regulations, and other applicable authorities were followed by the Government. ``(c) Information Not Provided.--A debriefing under subsection (a) shall not make point-by-point comparisons with other offerors' proposals and shall not disclose any information that is not subject to disclosure under section 552 of title 5, United States Code, including information relating to-- ``(1) trade secrets; ``(2) privileged or confidential manufacturing processes and techniques; and ``(3) commercial and financial information that is privileged or confidential, including cost breakdowns, profit, indirect cost rates, and similar information. ``(d) Notification of Disclosure.--Each solicitation shall notify participating offerors that the categories of information described in subsection (b) may be disclosed by the Government in post-award debriefings. ``(e) Post-Award Information.--If, within 12 months after an award, as a result of a successful procurement protest or otherwise, the agency seeks to fulfill the requirement under the awarded contract through either a new round of proposals or best and final offers from among the original offerors, the agency shall provide to each such offeror-- ``(1) all information provided in debriefings under this section regarding the winning vendor's proposal; and ``(2) all comparable information with respect to those offerors. ``(f) Contract File.--The contracting officer shall include a summary of the debriefing in the contract file.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 270 days after the date of the enactment of this Act. SEC. 11. EFFECTIVE DATE. Except as otherwise provided in this Act, the amendments made by this Act shall take effect 90 days after the date of the enactment of this Act.

Procurement Protest Clarification Act of 1993 - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to: (1) designate FPASA provisions regarding automatic data processing equipment and architectural and engineering services as, respectively, the Brooks Automatic Data Processing Act (BADPA) and Brooks Architect-Engineers Act; (2) revise various BADPA provisions, including those concerning the authority of the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority before or after a contract award, and of the GSA board of contract appeals to review certain violations; and (3) provide for GSA oversight of Federal agency acquisition of automatic data processing equipment and for post-award debriefings.

Procurement Protest Clarification Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Families and Communities Involved in Improving Our Schools Act''. SEC. 2. FAMILY AND COMMUNITY ENGAGEMENT IN SCHOOL IMPROVEMENT GRANTS. Section 1003(g) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6303(g)) is amended by inserting at the end the following: ``(10) Family engagement and community engagement.-- ``(A) In general.--Each local educational agency that receives assistance under this subsection shall carry out family engagement and community engagement activities, which shall include, at a minimum-- ``(i) providing notice to families and community members in a format and language that is accessible to all families and community members-- ``(I) that a school will be a recipient of funds under this subsection, which shall be subject to the requirement that a school intervention model be implemented at the school; and ``(II) on how families and community members can participate in the selection, development, and implementation of a school intervention model under this subsection; ``(ii) partnering with families and community members to select the school intervention model funded under this subsection; ``(iii) providing families and community members with notice of the selected school intervention model and partnering with families and community members to develop opportunities for families and community members to support the school intervention model selected; ``(iv) including families and community members in the transition period to the new school intervention model; ``(v) involving families and community members in implementation of the new school intervention model; ``(vi) developing an engagement plan for ensuring families and communities are involved in the ongoing school improvement efforts, including ensuring that families and communities are involved in the development of the engagement plan; ``(vii) evaluating the effectiveness of family engagement and community engagement in improving student achievement once a school intervention model has been utilized; ``(viii) disseminating the data collected from the evaluation under clause (vii) to families and community members in an understandable format; and ``(ix) developing a plan for revising family engagement and community engagement strategies that are shown not to be effective. ``(B) Guidance on research based family engagement.--In order to properly engage families in school improvement efforts, the Secretary shall issue regulations not later than 180 days after the date of enactment of the Families and Communities Involved in Improving Our Schools Act, that detail research-based family engagement and community engagement strategies that local educational agencies and schools may utilize with assistance provided under this subsection. ``(C) Definition.--In this paragraph: ``(i) Community engagement.--The term `community engagement' means strategies that foster meaningful and active collaboration among families, community members, and school officials for the purpose of improving student achievement and addressing the comprehensive needs of students before, during, and after school as well as in the students' home lives. ``(ii) Family engagement.--The term `family engagement' means a shared responsibility of families and schools for student success, in which schools and community-based organizations are committed to reaching out to engage families in meaningful ways that encourage the families to actively support their children's learning and development, as well as the learning and development of other children. The shared responsibility is continuous from birth through young adulthood and reinforces learning that takes place in the home, school, and community.''.

Families and Communities Involved in Improving Our Schools Act - Amends title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 to require local educational agencies (LEAs) receiving school improvement funds to engage families and community members in the selection, development, and implementation of measures to improve the performance of schools identified as needing improvement, corrective action, or restructuring due to their failure to make adequate yearly progress (AYP) toward state academic performance standards. Directs the Secretary of Education to issue regulations that detail research-based family and community engagement strategies that LEAs and schools may utilize with school improvement funds.

A bill to amend the Elementary and Secondary Education Act of 1965 to promote family and community engagement in school improvement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Today's Entrepreneurs are America's Mentors Act'' or the ``TEAM Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; and (2) the term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. OFFICE OF ENTREPRENEURIAL EDUCATION. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 45 (15 U.S.C. 631 note) as section 47; and (2) by inserting after section 44 (15 U.S.C. 657q) the following: ``SEC. 45. ENTREPRENEURIAL EDUCATION. ``(a) Office of Entrepreneurial Education.-- ``(1) In general.--There is in the Administration an Office of Entrepreneurial Education, which shall develop and provide innovative entrepreneurial information, education, and resources, to promote prospective entrepreneurs and successful small business concerns. ``(2) Director.--The head of the Office of Entrepreneurial Education is the Director of the Office of Entrepreneurial Education, who shall report to the Associate Administrator for Entrepreneurial Development. ``(3) Duties.--The Director of the Office of Entrepreneurial Education shall-- ``(A) manage the online courses, online publications, and other online resources provided by the Administration to entrepreneurs and small business concerns; ``(B) manage the youth entrepreneurship programs of the Administration, including-- ``(i) online resources for youth entrepreneurs; and ``(ii) coordination and outreach with entrepreneurial development service providers that provide counseling and training to youth entrepreneurs desiring to start or expand small business concerns; ``(C) coordinate with nonprofit and other private sector partners to share educational materials on money management and financial literacy for entrepreneurs and small business concerns; and ``(D) provide assistance and courtesy services to individuals and foreign dignitaries visiting the United States who are interested in issues relating to entrepreneurs and small business concerns. ``(b) National Primary and Secondary School Entrepreneurial Education Program.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Today's Entrepreneurs are America's Mentors Act, the Associate Administrator for Entrepreneurial Development (referred to in this subsection as the `Associate Administrator') shall establish a program under which the Associate Administrator may make grants to nonprofit organizations, including small business development centers, women's business centers, chapters of the Service Corps of Retired Executives, and other resource partners of the Administration, to provide technical assistance to primary and secondary schools for the development and implementation of curricula and mentoring programs designed to promote entrepreneurship. ``(2) Application.--A nonprofit organization desiring a grant under this subsection shall submit to the Associate Administrator an application that contains-- ``(A) a description of the goals of the project to be funded using the grant; ``(B) a list of any partners that plan to participate in the project to be funded using the grant; and ``(C) any other information that the Associate Administrator determines is necessary. ``(3) Report.--Not later than 1 year after the date on which a nonprofit organization receives a grant under this subsection, the nonprofit organization shall submit to the Associate Administrator a report that describes-- ``(A) the individuals assisted using the grant; ``(B) the number of jobs created or saved through the use of the grant; and ``(C) any other information concerning the use of the grant that the Associate Administrator may require. ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $3,000,000 for each of fiscal years 2013, 2014, and 2015.''. (b) Report on Best Practices of Entrepreneurial Education and Training Programs.-- (1) Report required.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Entrepreneurial Education shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that describes best practices of entrepreneurial education and training programs throughout the United States. (2) Contents.--The report submitted under paragraph (1) shall include-- (A) a description of any programs that the Director of the Office of Entrepreneurial Education determines are exemplary, including national programs, regional programs, State programs, and local programs; and (B) a summary of entrepreneurial education and training programs carried out by-- (i) the Federal Government; (ii) State and local governments; and (iii) nonprofit organizations and private sector groups. SEC. 4. UNIVERSITY AND COLLEGE ENTREPRENEURIAL EDUCATION PROGRAM. Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following: ``(o) University and College Entrepreneurial Education Program.-- ``(1) In general.--A small business development center may apply for a grant under this subsection to carry out a university and college entrepreneurial education program. ``(2) Elements of program.--A program carried out using a grant under this subsection may include-- ``(A) connecting university and college students with small business concerns that are clients of a small business development center; ``(B) providing assistance to faculty members of universities and colleges with respect to entrepreneurial education programs for students of the universities and colleges; and ``(C) improving university and college business curricula or developing university and college curricula concerning entrepreneurial education. ``(3) Funding.--The Administration may make grants under this subsection subject to amounts provided in advance in appropriations Acts.''. SEC. 5. ENTREPRENEURIAL INNOVATORS PARTNERSHIP PROGRAM. The Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 45, as added by this Act, the following: ``SEC. 46. ENTREPRENEURIAL INNOVATORS PARTNERSHIP PROGRAM. ``(a) Definitions.--In this section-- ``(1) the term `Associate Administrator' means the Associate Administrator for Entrepreneurial Development; and ``(2) the term `eligible entity'-- ``(A) means a nonprofit organization; and ``(B) includes a small business development center, a women's business center, a chapter of the Service Corps of Retired Executives, or any other nonprofit resource partner of the Administration. ``(b) Program Established.--The Associate Administrator shall establish an entrepreneurial innovators partnership program under which the Associate Administrator shall make grants to eligible entities to carry out innovative programs that expand entrepreneurship, improve partnerships between nonprofit organizations and entrepreneurs, and promote job creation by small business concerns. ``(c) Program Activities.--A grant under this section may be used to develop or expand-- ``(1) a program that promotes entrepreneurship among youth or veterans; ``(2) a program under which students pursing a Masters of Business Administration degree provide free technical assistance, counseling, or other assistance to small business concerns; ``(3) a program that provides entrepreneurial education to professional services providers, including attorneys and accountants; or ``(4) any other program that the Associate Administrator determines is appropriate. ``(d) Terms and Conditions.-- ``(1) Amount.--The amount of a grant under this section may not exceed $250,000. ``(2) Federal share.-- ``(A) In general.--Except as provided in subparagraph (B), the Federal share of the cost of a project carried out using a grant under this section may not exceed 50 percent. ``(B) Exception.--The Federal share of the cost of a project carried out using a grant under this section may exceed 50 percent if the Associate Administrator determines that the project would-- ``(i) assist a program to become self- sustaining; or ``(ii) create not fewer than 100 new jobs. ``(e) Applications.-- ``(1) Submission.--An eligible entity that desires a grant under this section shall submit an application to the Associate Administrator at such time and in such form as the Associate Administrator shall determine. ``(2) Priority.--In awarding grants the Associate Administrator shall give priority to an application that-- ``(A) includes a proposal for an innovative or novel approach to entrepreneurial education; ``(B) is made by an eligible entity with demonstrated success in-- ``(i) creating jobs; ``(ii) increasing the size of small business concerns; or ``(iii) working with small business concerns; or ``(C) includes a proposal for a program to be carried out through a partnership between nonprofit organizations, resource partners of the Administration, and educational institutions. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2013, 2014, and 2015.''. SEC. 6. REGIONAL ENTREPRENEURIAL COMPETITIONS. (a) In General.--The Administrator, acting through the Associate Administrator for Field Operations, shall establish a program to host regional competitions and a national conference to address regional challenges through entrepreneurial research and business planning. (b) Program Requirements.-- (1) Regional offices.--The regional administrator of each regional office of the Administration shall-- (A) identify a prominent public-private issue that challenges a broad range of individuals in the region; (B) sponsor a single regional competition among local small business concerns, inventors, and entrepreneurs under which persons or groups of persons submit research and business plans to address the issue identified under subparagraph (A); (C) provide outreach to universities, colleges, business communities, industry leaders and organizations, and nonprofit organizations to promote the competition and to request proposals for research and business plans; (D) in coordination with the Director of the Office of Entrepreneurship Education, select the 3 research or business plans that best address the issue identified under subparagraph (A); and (E) submit to the Administrator a report that contains the research or business plans selected under subparagraph (D). (2) Conference.-- (A) In general.--The Administrator, acting through the Associate Administrator for Field Operations, shall organize a single national conference for the presentation of the research and business plans selected under paragraph (1)(D) by the regional administrators. (B) Panel.-- (i) In general.--The Administrator shall designate 11 employees of the Administration to serve on a panel that shall select, from among the research and business plans presented at the conference, 1 plan from each region that best addresses the issue identified under paragraph (1)(A) for that region. (ii) Members.--The Administrator shall designate as a member of the panel under clause (i)-- (I) 1 employee of the principal office of the Administration; and (II) 1 employee from each of the regional offices of the Administration. (3) Grant.-- (A) In general.--The Administrator shall award a grant of $50,000 to each person or group of persons who submitted a plan selected under paragraph (2)(B). (B) Report.--Not later than 1 year after the date on which the Administrator awards a grant under subparagraph (A), the recipient of the grant shall submit to the Administrator a report on the use of the grant. (4) Authorization of appropriations.--There are authorized to be appropriated to the Administrator $750,000 to carry out this section. SEC. 7. STUDY ON ENTREPRENEURIAL DEFERMENT OF STUDENT LOANS. Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Education, shall submit to Congress a report that includes detailed recommendations for legislation establishing a program-- (1) to forgive student loans in a manner that assists youth entrepreneurship by making available capital for business formation; and (2) to defer student loan repayments in a manner that assists youth entrepreneurship by making available capital for business formation.

Today's Entrepreneurs are America's Mentors Act or TEAM Act - Amends the Small Business Act to establish in the Small Business Administration (SBA) an Office of Entrepreneurial Education, headed by a Director, to develop and provide innovative entrepreneurial information, education, and resources to promote prospective entrepreneurs and successful small businesses. Directs the SBA's Associate Administrator for Entrepreneurial Development to establish a program of grants to nonprofit organizations to provide technical assistance to primary and secondary schools for the development and implementation of curricula and mentoring programs designed to promote entrepreneurship. Requires the Director to submit to the congressional small business committees best practices of U.S. entrepreneurial education and training programs. Authorizes a small business development center to apply for an SBA grant to carry out a university and college entrepreneurial education program. Directs the SBA's Associate Administrator for Entrepreneurial Development to establish an entrepreneurial innovators partnership program of grants to nonprofit organizations and specified SBA entities to carry out innovative programs that expand entrepreneurship, improve partnerships between nonprofit organizations and entrepreneurs, and promote job creation by small businesses. Directs the Administrator to establish a program to host regional competitions and a national conference to address regional challenges through entrepreneurial research and business planning. Requires the Administrator to recommend to Congress legislation for establishing programs to forgive or defer student loan payments in order to assist youth entrepreneurship by making capital available for business formation.

To strengthen entrepreneurial education, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Homeowners' Defense Act of 2013''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Establishment; status; principal office; membership. Sec. 4. Functions. Sec. 5. Powers. Sec. 6. Nonprofit entity; conflicts of interest; audits. Sec. 7. Management. Sec. 8. Staff; experts and consultants. Sec. 9. Federal liability. Sec. 10. Authorization of appropriations. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the United States has a history of catastrophic natural disasters, including hurricanes, tornadoes, flood, fire, earthquakes, and volcanic eruptions; (2) although catastrophic natural disasters occur infrequently, they will continue to occur and are predictable; (3) such disasters generate large economic losses and a major component of those losses comes from damage and destruction to homes; (4) for the majority of Americans, their investment in their home represents their single biggest asset and the protection of that investment is paramount to economic and social stability; (5) the United States needs to take and support State actions to be better prepared for and better protected from catastrophes; (6) as the risk of catastrophic losses grows, so do the risks that any premiums collected by private insurers for extending coverage will be insufficient to cover future catastrophes, and private insurers, in an effort to protect their shareholders and policyholders (in the case of mutually owned companies), have thus significantly raised premiums and curtailed insurance coverage in States exposed to major catastrophes; (7) such effects on the insurance industry have been harmful to economic activity in States exposed to major catastrophes and have placed significant burdens on residents of such States; (8) Hurricanes Katrina, Rita, and Wilma struck the United States in 2005, causing over $200,000,000,000 in total economic losses, and insured losses to homeowners in excess of $50,000,000,000; (9) while the total costs of Hurricane Sandy have not yet been calculated, Fitch Ratings, a global credit ratings agency, has estimated that insured losses will amount to between $20,000,000,000 and $25,000,000,000; (10) the Federal Government has provided and will continue to provide resources to pay for losses from future catastrophes; and (11) it is the proper role of the Federal Government to prepare for and protect its citizens from catastrophes and to facilitate consumer protection, victim assistance, and recovery, including financial recovery. (b) Purposes.--The purpose of this Act is to establish a national catastrophic risk consortium to ensure the availability and affordability of homeowners' insurance coverage for catastrophic events. SEC. 3. ESTABLISHMENT; STATUS; PRINCIPAL OFFICE; MEMBERSHIP. (a) Establishment.--There is established an entity to be known as the ``National Catastrophe Risk Consortium'' (in this Act referred to as the ``Consortium''). (b) Status.--The Consortium is not a department, agency, or instrumentality of the United States Government. (c) Principal Office.--The principal office and place of business of the Consortium shall be such location within the United States determined by the Board of Directors to be the most advantageous for carrying out the purpose and functions of the Consortium. (d) Membership.--Any State that has established a reinsurance fund or has authorized the operation of a State residual insurance market entity, or State-sponsored provider of natural catastrophe insurance, shall be eligible to participate in the Consortium. SEC. 4. FUNCTIONS. The Consortium shall-- (1) work with all States, particularly those participating in the Consortium, to gather and maintain an inventory of catastrophe risk obligations held by State reinsurance funds, State residual insurance market entities, and State-sponsored providers of natural catastrophe insurance; (2) at the discretion of the affected members and on a conduit basis, issue securities and other financial instruments linked to the catastrophe risks insured or reinsured through members of the Consortium in the capital markets; (3) coordinate reinsurance contracts between participating, qualified reinsurance funds and private parties; (4) act as a centralized repository of State risk information that can be accessed by private-market participants seeking to participate in the transactions described in paragraphs (2) and (3) of this section; (5) establish a catastrophe risk database to perform research and analysis that encourages standardization of the risk-linked securities market; (6) perform any other functions, other than assuming risk or incurring debt, that are deemed necessary to aid in the transfer of catastrophe risk from participating States to private parties; and (7) submit annual reports to Congress describing the activities of the Consortium for the preceding year, and the first such annual report shall include an assessment of the costs to States and regions associated with catastrophe risk and an analysis of the costs and benefits, for States not participating in the Consortium, of such nonparticipation. SEC. 5. POWERS. The Consortium-- (1) may make and perform such contracts and other agreements with any individual or other private or public entity however designated and wherever situated, as may be necessary for carrying out the functions of the Consortium; and (2) shall have such other powers, other than the power to assume risk or incur debt, as may be necessary and incident to carrying out this Act. SEC. 6. NONPROFIT ENTITY; CONFLICTS OF INTEREST; AUDITS. (a) Nonprofit Entity.--The Consortium shall be a nonprofit entity and no part of the net earnings of the Consortium shall inure to the benefit of any member, founder, contributor, or individual. (b) Conflicts of Interest.--No director, officer, or employee of the Consortium shall in any manner, directly or indirectly, participate in the deliberation upon or the determination of any question affecting his or her personal interests or the interests of any Consortium, partnership, or organization in which he or she is directly or indirectly interested. (c) Audits.-- (1) Annual audit.--The financial statements of the Consortium shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants. (2) Reports.--The report of each annual audit pursuant to paragraph (1) shall be included in the annual report submitted in accordance with section 4(7). (d) Prohibition on Election and Lobbying Activities.-- (1) Federal.--The Consortium may not-- (A) make any contribution to a candidate for election for Federal office or to a political committee; (B) employ or retain-- (i) a registered lobbyist under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.); or (ii) an organization that employs one or more lobbyists and is registered under section 4(a)(2) of such Act (2 U.S.C. 1603(a)(2)); or (C) provide any thing of value, other than educational materials or information, to any elected official of the Federal Government. For purposes of this paragraph, the terms ``contribution'', ``candidate'', ``Federal office'', and ``political committee'' have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431). (2) Consortium.--The Consortium may not-- (A) make any contribution to a candidate for election for any State or local office or to any committee, club, association, or other group that receives contributions or makes expenditures for the purpose of influencing any such election; (B) employ or retain any person who engages in influencing legislating (as such term is defined in section 4911(d) of the Internal Revenue Code of 1986 (26 U.S.C. 4911(d))) of any State or local legislative body; or (C) provide any thing of value, other than educational materials or information, to any elected official of any State or local government. SEC. 7. MANAGEMENT. (a) Board of Directors; Membership; Designation of Chairperson.-- (1) Board of directors.--The management of the Consortium shall be vested in a board of directors (referred to in this Act as the ``Board'') composed of not less than 3 members. (2) Chairperson.--The Secretary of the Treasury, or the designee of the Secretary, shall serve as the chairperson of the Board. (3) Membership.--The members of the Board shall include-- (A) the Secretary of Homeland Security and the Secretary of Commerce, or the designees of such Secretaries, respectively, but only during such times as there are fewer than two States participating in the Consortium; and (B) a member from each State participating in the Consortium, who shall be appointed by such State. (b) Bylaws.--The Board may prescribe, amend, and repeal such bylaws as may be necessary for carrying out the functions of the Consortium. (c) Compensation, Actual, Necessary, and Transportation Expenses.-- (1) Non-federal employees.--A member of the Board who is not otherwise employed by the Federal Government shall be entitled to receive the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, as in effect from time to time, for each day (including travel time) during which such member is engaged in the actual performance of duties of the Consortium. (2) Federal employees.--A member of the Board who is an officer or employee of the Federal Government shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Consortium. (3) Travel expenses.--Members of the Consortium shall be entitled to receive travel expenses, including per diem in lieu of subsistence, equivalent to those set forth in subchapter I of chapter 57 of title 5, United States Code. (d) Quorum.--A majority of the Board shall constitute a quorum. (e) Executive Director.--The Board shall appoint an executive director of the Consortium on such terms as the Board may determine. SEC. 8. STAFF; EXPERTS AND CONSULTANTS. (a) Staff.-- (1) Appointment.--The Board of the Consortium may appoint and terminate such other staff as are necessary to enable the Consortium to perform its duties. (2) Compensation.--The Board of the Consortium may fix the compensation of the executive director and other staff. (b) Experts and Consultants.--The Board shall procure the services of experts and consultants as the Board considers appropriate. SEC. 9. FEDERAL LIABILITY. The Federal Government and the Consortium shall not bear any liabilities arising from the actions of the Consortium. Participating States shall retain all catastrophe risk until the completion of a transaction described in paragraphs (2) and (3) of section 4. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2014 through 2018.

Homeowners' Defense Act of 2013 - Establishes the National Catastrophe Risk Consortium, as a non-federal, non-profit entity, to ensure the availability and affordability of homeowners' insurance coverage for catastrophic events. Directs the Consortium to: (1) maintain an inventory of catastrophe risk obligations held by state reinsurance funds, state residual insurance market entities, and state-sponsored providers of natural catastrophe insurance; (2) issue, on a conduit basis, securities and other financial instruments linked to catastrophe risks insured or reinsured through Consortium members; (3) coordinate reinsurance contracts; (4) act as a centralized repository of state risk information accessible by certain private-market participants; and (5) establish a database to perform research and analysis that encourages standardization of the risk-linked securities market. Shields the federal government and the Consortium from liability for Consortium actions.

Homeowners' Defense Act of 2013

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Distracted Driving Prevention Act of 2013''. (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 prevention. Sec. 3. Research program. Sec. 4. FCC report on distracted driving technology. SEC. 2. DISTRACTED DRIVING PREVENTION. (a) In General.--Chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 413. Distracted driving prevention ``(a) Withholding of Funds for States Without Distracted Driving Laws.-- ``(1) Fiscal year 2016.--On October 1, 2015, the Secretary shall withhold 1 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) for fiscal year 2016 if the State has not enacted or is not enforcing a law that meets the requirements of subsections (b) and (c). ``(2) Fiscal year 2017.--On October 1, 2016, the Secretary shall withhold 3 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) for fiscal year 2017 if the State has not enacted or is not enforcing a law that meets the requirements of subsections (b) and (c). ``(3) Fiscal year 2018 and thereafter.--On October 1, 2017, and on October 1 of each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) for the applicable fiscal year if the State has not enacted or is not enforcing a law that meets the requirements of subsections (b) and (c). ``(b) Prohibition on Texting While Driving.--A State law meets the requirements of this subsection if the law-- ``(1) prohibits the use of a personal wireless communications device by a driver for texting while driving; ``(2) makes violation of the law a primary offense; ``(3) establishes-- ``(A) a minimum fine for a first violation of the law; and ``(B) increased fines for repeat violations; and ``(4) provides increased civil and criminal penalties, as compared to those that would otherwise apply, if a vehicle accident is caused by a driver who is using such a device in violation of the law. ``(c) Prohibition on Handheld Cell Phone Use While Driving.--A State law meets the requirements of this subsection if the law-- ``(1) prohibits a driver from holding a personal wireless communications device to conduct a telephone call while driving; ``(2) allows the use of a hands-free device by a driver, other than a driver who has not attained the age of 18 years, for initiating, conducting, or receiving a telephone call; ``(3) makes violation of the law a primary offense; ``(4) requires distracted driving issues to be tested as part of the driver's license examination of the State; ``(5) establishes-- ``(A) a minimum fine for a first violation of the law; and ``(B) increased fines for repeat violations; and ``(6) provides increased civil and criminal penalties, as compared to those that would otherwise apply, if a vehicle accident is caused by a driver who is using a personal wireless communications device in violation of the law. ``(d) Permitted Exceptions.--A State law meets the requirements of subsections (b) and (c) without regard to whether the law provides exceptions for-- ``(1) use of a personal wireless communications device by a driver to contact emergency services; ``(2) manipulation of a personal wireless communications device by a driver to activate, deactivate, or initialize the hands-free functionality of the device; and ``(3) use of a personal wireless communications device by emergency services personnel while operating an emergency services vehicle and engaged in the performance of the duties of emergency services personnel. ``(e) Period of Availability of Withheld Funds; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.--Any funds withheld under subsection (a) from apportionment to a State shall remain available for apportionment to the State until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State enacts and begins enforcement of a law that meets the requirements of subsections (b) and (c), the Secretary shall, on the first day on which the State has enacted and begins enforcement of such a law, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.--Any funds apportioned pursuant to paragraph (2)-- ``(A) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned; and ``(B) if not apportioned at the end of that period, shall lapse. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State has not enacted or has not begun enforcement of a law that meets the requirements of subsections (b) and (c), the funds shall lapse. ``(f) Definitions.--In this section, the following definitions apply: ``(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, a stop sign, or another reason. The term 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. The term 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) Clerical Amendment.--The analysis for chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``413. Distracted driving prevention.''. SEC. 3. RESEARCH PROGRAM. (a) In General.--Not later than 180 days after the date of enactment of this Act, 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. (d) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the research program under this section. SEC. 4. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY. Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report 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 wireless 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.

Distracted Driving Prevention Act of 2013 - Requires the Secretary of Transportation (DOT) to withhold a certain percentage of a state's apportionment of certain federal-aid highway funds for FY2016-FY2018, and each succeeding fiscal year, if the state has not enacted or is not enforcing a law that: (1) prohibits a driver from using a hand-held personal wireless communications device (such as a cell phone or smart phone) to text or call while driving; (2) allows the use of a hands-free device by a driver (other than a driver who is less than 18 years old) to call; (3) makes violation of the law a primary offense; (4) requires distracted driving issues to be tested as part of the state's driver's license examination; and (5) establishes certain minimum fines and increased civil and criminal penalties. Excludes from the meaning of personal wireless communications device a global navigation satellite system receiver used for positioning, emergency notification, or navigation (GPS). Declares that laws meet the requirements of this Act without regard to whether it provides exceptions for driver: (1) use of a cell phone in emergency situations, and (2) use of a cell phone to activate its hands-free capabilities. Requires the Secretary to establish a research program to study distracted driving by passenger and commercial vehicle drivers. 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.

Distracted Driving Prevention Act of 2013

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``World Class Military Medical Facilities Act''. (b) Findings.--Congress makes the following findings: (1) The Department of Defense lacks a complete plan for the entirety of facilities at the new Walter Reed National Military Medical Center in Bethesda, Maryland. (2) The Department of Defense has not established an integrated operating structure, has not provided clear and appropriate budget authorities, and has not designed either joint military or civilian personnel structures to staff the new Walter Reed National Military Medical Center. (3) There are differing standards and levels of construction and funding that could result in a facility that is not in totality a world class military medical facility. (4) The Department of Defense lacks a unified construction standard for military construction and repairs to military medical facilities. (5) In the report referred to in section 8(2), the National Capital Region Base Realignment and Closure Health Systems Advisory Subcommittee of the Defense Health Board identified numerous deficiencies in the current plan for the new Walter Reed National Military Medical Center. SEC. 2. DISESTABLISHMENT OF JOINT TASK FORCE NATIONAL CAPITAL REGION MEDICAL. Not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall disestablish the organization known as Joint Task Force National Capital Region Medical. Upon such disestablishment, all personnel, property, and functions of the Joint Task Force National Capital Region Medical shall be transferred back to the military department from which the personnel, property, or functions were transferred or to the Office of the Secretary of Defense. SEC. 3. ESTABLISHMENT OF OFFICE RESPONSIBLE FOR IMPLEMENTING NATIONAL CAPITAL REGION MILITARY MEDICAL FACILITIES RECOMMENDATIONS AND REQUIREMENTS. (a) Establishment.--Not later than June 1, 2010, the Secretary of Defense shall establish within the Office of the Secretary of Defense an office responsible for implementing all recommendations and requirements regarding military medical facilities in the National Capital Region contained in-- (1) the report of the Defense Base Closure and Realignment Commission transmitted to Congress on September 15, 2005, under section 2903(e) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note); (2) section 2714 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2656); or (3) any other provision of law. (b) Organization.-- (1) Director.--The director of the office shall be the Deputy Secretary of Defense. The responsibilities of the director may not be delegated to another individual, office, command, field agency, or field activity. (2) Deputy director.--The deputy director of the office shall be the Assistant Secretary of Defense for Health Affairs. The responsibilities of the deputy director may not be delegated to another individual, office, command, field agency, or field activity. (c) Responsibilities and Authorities.-- (1) Missions.--The office shall define the medical missions and responsibilities of the Office of the Secretary of Defense and the military departments in the National Capital Region. (2) Budget and operational authority.--The office shall retain overall budget and operational authority to provide and operate world class military medical facilities in the National Capital Region. This authority includes the development of budgets, prioritization of requirements, and the allocation of funds to provide and operate world class military medical facilities. (3) Personnel.--The office, in consultation with the Secretaries of the military departments, shall specify personnel authorizations and personnel systems required to provide and operate world class military medical facilities in the National Capital Region. SEC. 4. COMPLETION OF NATIONAL CAPITAL REGION HEALTH CARE DELIVERY MASTER PLAN. Upon the establishment of the office under section 3, the office shall assume responsibility for the development and implementation of the comprehensive master plan to provide sufficient world class military medical facilities and an integrated system of health care delivery for the National Capital Region required by section 2714 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2656). SEC. 5. ESTABLISHMENT OF UNIFIED CONSTRUCTION STANDARD FOR MILITARY CONSTRUCTION AND REPAIRS TO MILITARY MEDICAL FACILITIES. Not later than June 1, 2010, the Secretary of Defense shall establish a unified construction standard for military construction and repairs for military medical facilities that provides a single standard of care. This standard shall also include a size standard for operating rooms and patient recovery rooms. SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR IMPLEMENTION OF UNIFIED CONSTRUCTION STANDARD AT WALTER REED NATIONAL MILITARY MEDICAL CENTER. There is authorized to be appropriated to the Secretary of Defense $400,000,000 to implement at Walter Reed National Military Medical Center the unified construction standard for military construction and repairs for military medical facilities established under section 5. SEC. 7. INDEPENDENT REVIEW PANEL. (a) Establishment of Review Panel.--The Secretary of Defense shall establish an advisory committee to be known as the ``Independent Review Panel for Military Medical Care in the National Capital Region'' to advise the Secretary regarding whether the proposed design and organizational structure for military medical facilities in the National Capital Region will achieve a world class military medical facility. (b) Members.-- (1) Congressional members.--The advisory committee is constituted annually of the following: (A) The chairman of the Committee on Armed Services of the Senate or the chairman's designee. (B) Three other members of the Senate designated by the Vice President or the President pro tempore of the Senate, two of whom are members of the Committee on Appropriations of the Senate. (C) The chairman of the Committee on Armed Services of the House of Representatives or the chairman's designee. (D) Four other members of the House of Representatives designated by the Speaker of the House of Representatives, two of whom are members of the Committee on Appropriations of the House of Representatives. (2) Other members.--The advisory committee shall also include six persons designated by the President who are not employees or appointed political officials of the executive branch. These members shall be medical facility experts, military health-care professionals, representatives of premier health care organizations in the United States, retired senior military officers or non-commissioned officers, or patient representatives. Not more than two members designated under this paragraph may be retired members of the Armed Forces. The term of office of these members shall be three years, except that the President may stagger the initial terms. (3) Successors.--Any member of the advisory committee whose term of office expires may continue to serve until a successor is appointed. If a member dies or resigns, a successor shall be appointed for the unexpired portion of the term. (c) Meetings.-- (1) In general.--The advisory committee shall meet not less than monthly. The committee or its members may make other visits to military treatment facilities and military headquarters in connection with the duties of the committee. The committee may call in advisers for consultation. (2) Compensation.--While performing duties on behalf of the advisory committee, a member of the committee and any adviser referred to in paragraph (1) shall be reimbursed under Government travel regulations for necessary travel expenses. (d) Duties.--The advisory committee shall review-- (1) the plans for the design and organizational structure for military medical facilities in the National Capital Region to ensure that the facilities and organizational structure will result in a world class military medical facility; and (2) the execution of the plans and such other matters relating to military medical care in the National Capital Region as the committee considers appropriate. (e) Reports.-- (1) Initial report.--Not later than 60 days after the first meeting of the advisory committee, the committee shall submit to the Secretary of Defense a written report containing an assessment of military medical care in the National Capital Region and the views and recommendations of the committee to improve such care. (2) Additional reports.--Not later than December 31, 2010, and December 31, 2011, the advisory committee shall submit to the Secretary of Defense a report on the findings and recommendations of the committee to address any deficiencies identified by the committee. (f) Assessment of Recommendations.--Not later than 30 days after the date of the submission of each report under subsection (e), the Secretary of Defense shall submit to the congressional defense committees a report including-- (1) an assessment by the Secretary of the findings and recommendations of the panel; and (2) the plans of the Secretary for addressing such findings and recommendations. SEC. 8. DEFINITIONS. In this Act: (1) National capital region.--The term ``National Capital Region'' has the meaning given the term in section 2674(f) of title 10, United States Code. (2) World class military medical facility.--The term ``world class military medical facility'' has the meaning given the term by the National Capital Region Base Realignment and Closure Health Systems Advisory Subcommittee of the Defense Health Board in appendix B of the report titled ``Achieving World Class--An Independent Review of the Design Plans for the Walter Reed National Military Medical Center and the Fort Belvoir Community Hospital'' and published in May 2009, as required by section 2721 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4716).

World Class Military Medical Facilities Act - Directs the Secretary of Defense (DOD) to disestablish the Joint Task Force National Capital Region Medical. Requires the Secretary to establish an office responsible for implementing all recommendations and requirements regarding military medical facilities in the National Capital Region (Region) contained in the report of the Defense Base Closure and Realignment Commission, a provision of the National Defense Authorization Act for Fiscal Year 2010, or any other provision of law. Makes the Deputy Secretary of Defense the head of such office. Requires such office to assume responsibility for the development and implementation of the comprehensive master plan to provide sufficient world-class military medical facilities and an integrated system of health care delivery for the Region. Directs the Secretary to establish a unified construction standard for military construction and repairs for such facilities. Authorizes appropriations to implement such standard at Walter Reed National Military Medical Center. Requires the Secretary to establish the Independent Review Panel for Military Medical Care in the National Capital Region to advise the Secretary on whether the proposed design and organizational structure for military medical facilities in the Region will achieve a world-class military medical facility.

To establish within the Office of the Secretary of Defense an office responsible for implementing all recommendations and requirements regarding military medical facilities in the National Capital Region, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yellowstone National Park 125th Anniversary Commemorative Coin Act''. SEC. 2. YELLOWSTONE NATIONAL PARK COMMEMORATIVE COIN. The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue coins in accordance with this Act to commemorate the 125th anniversary of Yellowstone National Park. SEC. 3. SPECIFICATIONS. (a) Denominations.-- (1) 5 dollar gold coins.--The Secretary shall mint and issue not more than 500,000 5 dollar coins, each of 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 dollar silver coins.--The Secretary shall mint and issue not more than 2,500,000 1 dollar coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) \1/2\ dollar clad coins.--The Secretary shall issue not more than 2,500,000 \1/2\ dollar coins, each of which shall be minted to the specifications for \1/2\ dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for the coins minted under this Act pursuant to the authority of the Secretary under existing law. (b) Silver.--The Secretary shall obtain silver for the coins minted under this Act from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.). SEC. 5. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of Yellowstone National Park. On each coin, there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``1997''; and (3) inscriptions of the words-- (A) ``Liberty''; (B) ``In God We Trust''; (C) ``United States of America''; and (D) ``E Pluribus Unum''. (b) Selection of Design.--The design of the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the United States Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee in accordance with section 5134 of title 31, United States Code. SEC. 6. ISSUANCE OF COINS. (a) Period of Issuance.--The coins minted under this Act shall be issued only during the year 1997. (b) Quality of Coins.--The coins minted under this Act shall be issued in uncirculated and proof qualities. (c) Mint Facility.--Not more than 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of coins minted under this Act. SEC. 7. SALE OF COINS. (a) Sale Price.--The Secretary shall sell the coins minted under this Act at a price equal to the face value, plus the cost of designing, minting, and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) and the surcharge provided for in subsection (d). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount to reflect the lower costs of the sales. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins minted under this Act prior to their issuance. Sales under this subsection shall be at a reasonable discount. (d) Surcharges.-- (1) 5 dollar coins.--All sales of 5 dollar coins minted under this Act shall include a surcharge of $35 per coin. (2) 1 dollar coins.--All sales of 1 dollar coins minted under this Act shall include a surcharge of $7 per coin. (3) \1/2\ dollar coins.--All sales of \1/2\ dollar coins minted under this Act shall include a surcharge of $1 per coin. SEC. 8. USE OF SURCHARGES. Surcharges received from the sale of coins minted under this Act shall be distributed by the Secretary as follows: (1) Yellowstone national park.--25 percent of the surcharges shall be paid to the Secretary of the Interior to be used for Yellowstone National Park, which amounts shall be in addition to any other amounts appropriated or otherwise made available for Yellowstone National Park. (2) National park service.--25 percent of the surcharges shall be paid to the Secretary of the Interior for use by the National Park Service. (3) Reduction of national debt.--50 percent of the surcharges shall be transferred to the general fund of the Treasury for the sole purpose of reducing the national debt. SEC. 9. FINANCIAL ASSURANCES. The Secretary shall take actions necessary to ensure that the minting and issuance of coins under this Act will not result in any net cost to the Federal Government. SEC. 10. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services relating to the minting and selling of the coins authorized by this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 11. NUMISMATIC PUBLIC ENTERPRISE FUND. The coins issued under this Act are subject to the provisions of section 5134 of title 31, United States Code, relating to the Numismatic Public Enterprise Fund.

Yellowstone National Park 125th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue coins to commemorate the 125th anniversary of Yellowstone National Park; and (2) distribute 25 percent of the surcharges received from coin sales to the Secretary of the Interior for the Park, 25 percent to the Secretary for the National Park Service, and 50 percent to the Treasury for the sole purpose of reducing the national debt.

Yellowstone National Park 125th Anniversary Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Community Learning Centers Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 28,000,000 children in the United States have parents who work outside the home and 14,300,000 children in the United States are unsupervised after the school day ends. (2) 6,500,000 children are in after school programs but an additional 15,300,000 would participate if such a program were available. (3) After school programs inspire learning. In academic year 2003-2004, 45 percent of all 21st Century Community Learning Centers program participants had improved their reading grades, and 41 percent improved their mathematics grades. (4) In academic year 2003-2004 teachers reported that a majority of students who participated in 21st Century Community Learning Centers programs demonstrated improved student behavior, particularly in the areas of academic performance, homework completion, and class participation. (5) A growing body of research also suggests that children who participate in after school programs attend school more regularly, are more likely to stay in school, and are better prepared for college and careers. (6) Benefits of after school programs extend beyond the classroom. Communities with after school programs have reported reduced vandalism and juvenile crime. (7) After school programs help working families. One study estimates that decreased worker productivity due to stress and absenteeism caused by issues related to after school care arrangements costs employers $496 to $1,984 per employee, per year, depending on the annual salary of the employee. The total cost to the business industry is estimated to be between $50,000,000,000 and $300,000,000,000 annually in lost job productivity. (8) While students in the United States are falling behind in science, technology, engineering, and mathematics (STEM), more than 90 percent of after school programs funded by 21st Century Community Learning Centers offer STEM activities, providing more time for children and youth to gain skills and build interest in the STEM fields. Evaluations of after school programs offering STEM activities to students have found increases in the reading, writing, and science skills proficiency of these students. Children who participate in such programs show more interest in science careers, and are more likely to have engaged in science activities just for fun. (9) Data from 73 after school studies indicate that after school programs employing evidence-based approaches to improving students' personal and social skills were consistently successful in producing multiple benefits for students, including improvements in students' personal, social, and academic skills, as well as students' self-esteem. (10) Teens who do not participate in after school programs are nearly 3 times more likely to skip classes than teens who do participate. The teens who do not participate are also 3 times more likely to use marijuana or other drugs, and are more likely to drink alcohol, smoke cigarettes, and engage in sexual activity. In general, self care and boredom can increase the likelihood that a young person will experiment with drugs and alcohol by as much as 50 percent. (11) A 2006 study predicts that by the year 2010 more than 46 percent of school-age children in the Americas will be overweight and 1 in 7 such children will be obese. A study of after school program participants in 3 elementary schools found that after school participants were significantly less likely to be obese at the 3-year follow-up physical exam and were more likely to have increased acceptance among their peers. After school programs provide children and youth with opportunities to engage in sports and other fitness activities. (12) After school programs have been identified as effective venues for improving nutrition, nutrition education, and physical activity at a time when just 20 percent of youth in grades 9 through 12 consume the recommended daily servings of fruits and vegetables. (13) After school programs also provide children and youth with opportunities for service learning, a teaching and learning approach that integrates student-designed service projects that address community needs with academic studies. With structured time to reflect on their service experience, these projects can strengthen student engagement, enhance students' academic achievement, lower school drop out and suspension rates, and help develop important workforce skills that employers are looking for, including leadership skills, critical thinking, teamwork, and oral and written communication. SEC. 3. REFERENCES. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301). SEC. 4. 21ST CENTURY COMMUNITY LEARNING CENTERS. (a) Purpose.--Section 4201 (20 U.S.C. 7171) is amended-- (1) in subsection (a)(2)-- (A) by inserting ``service learning and nutrition education,'' after ``youth development activities,''; and (B) by striking ``recreation programs'' and inserting ``physical fitness and wellness programs''; and (2) in subsection (b)-- (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (b) Allotments to States.--Section 4202 (20 U.S.C. 7172) is amended-- (1) in subsection (a)-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (2) in subsection (c)(3)-- (A) in the matter preceding subparagraph (A), by striking ``3 percent'' and inserting ``5 percent''; and (B) by adding at the end the following: ``(E) Supporting State-level efforts and infrastructure to ensure the quality and availability of after school programs.''. (c) Award Duration.--Section 4204(g) (20 U.S.C. 7174(g)) is amended by striking the period and inserting ``, and are renewable for a period of not less than 3 years and not more than 5 years based on grant performance.''. (d) Authorization of Appropriations.--Section 4206 (20 U.S.C. 7176) is amended to read as follows: ``SEC. 4206. 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 5 succeeding fiscal years.''.

21st Century Community Learning Centers Act of 2007 - Amends the 21st Century Community Learning Centers program under title IV of the Elementary and Secondary Education Act of 1965 to include the provision of service learning and nutrition education and, in place of recreation programs, physical fitness and wellness programs, among the activities for which community learning centers will receive funding. Raises from 3% to 5% the percentage of program funds a state may use for monitoring, evaluating, and providing training and technical assistance to community learning center grantees. Makes community learning center grants renewable for a period of between three and five years.

A bill to amend part B of title IV of the Elementary and Secondary Education Act of 1965 to improve 21st Century Community Learning Centers.

SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE SANDY RIVER WATERSHED IN THE BULL RUN WATERSHED MANAGEMENT UNIT, OREGON. (a) In General.--Public Law 95-200 (16 U.S.C. 482b note) is amended by striking section 1 and inserting the following: ``SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT UNIT; DEFINITION OF SECRETARY. ``(a) Establishment.-- ``(1) In general.--There is established, subject to valid existing rights, a special resources management unit in the State of Oregon comprising approximately 98,272 acres, as depicted on a map dated September, 1998, and entitled `Bull Run Watershed Management Unit'. ``(2) Map.--The map described in paragraph (1) shall be on file and available for public inspection in the offices of the Regional Forester-Pacific Northwest Region, Forest Service, Department of Agriculture, and in the offices of the State Director, Bureau of Land Management, Department of the Interior. ``(3) Boundary adjustments.--Minor adjustments in the boundaries of the unit may be made from time to time by the Secretary after consultation with the city and appropriate public notice and hearings. ``(b) Definition of Secretary.--In this Act, the term `Secretary' means-- ``(1) with respect to land administered by the Secretary of Agriculture, the Secretary of Agriculture; and ``(2) with respect to land administered by the Secretary of the Interior, the Secretary of the Interior.''. (b) Conforming and Technical Amendments.-- (1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note) is amended by striking ``Secretary of Agriculture'' each place it appears (except subsection (b) of section 1, as added by subsection (a), and except in the amendments made by paragraph (2)) and inserting ``Secretary''. (2) Applicable law.-- (A) In general.--Section 2(a) of Public Law 95-200 (16 U.S.C. 482b note) is amended by striking ``applicable to National Forest System lands'' and inserting ``applicable to National Forest System land (in the case of land administered by the Secretary of Agriculture) or applicable to land under the administrative jurisdiction of the Bureau of Land Management (in the case of land administered by the Secretary of the Interior)''. (B) Management plans.--The first sentence of section 2(c) of Public Law 95-200 (16 U.S.C. 482b note) is amended-- (i) by striking ``subsection (a) or (b)'' and inserting ``subsections (a) and (b)''; and (ii) by striking ``, through the maintenance'' and inserting ``(in the case of land administered by the Secretary of Agriculture) or section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) (in the case of land administered by the Secretary of the Interior), through the maintenance''. SEC. 2. MANAGEMENT. (a) Timber Harvesting Restrictions.--Section 2(b) of Public Law 95- 200 (16 U.S.C. 482b note) is amended by striking paragraph (1) and inserting the following: ``(1) In general.--Subject to paragraph (2), the Secretary shall prohibit the cutting of trees on Federal land in the entire unit, as designated in section 1 and depicted on the map referred to in that section.''. (b) Repeal of Management Exception.--The Oregon Resource Conservation Act of 1996 (division B of Public Law 104-208) is amended by striking section 606 (110 Stat. 3009-543). (c) Repeal of Duplicative Enactment.--Section 1026 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4228) and the amendments made by that section are repealed. (d) Water Rights.--Nothing in this section strengthens, diminishes, or has any other effect on water rights held by any person or entity. SEC. 3. LAND EXCHANGE. (a) Land Exchange.--Upon application by the city of Portland, Oregon (referred to in this section as the ``city''), the Secretary of Agriculture shall enter into negotiations with the city for the transfer of National Forest System land underlying the city's Bull Run water supply facilities to the city in exchange for city-owned land lying within the boundaries of any unit of the National Forest System in Oregon or Washington. (b) Time for Exchange.--Subject to subsection (c), the Secretary shall expedite the negotiations, if the city applies for a land exchange under subsection (a), and shall complete such a land exchange not later than September 30, 2001. (c) Applicability of Other Laws.--Except as provided in subsection (d), any land exchange under this section shall be carried out in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) and other applicable law. (d) Exception to Single State Limitation on Exchange.--The requirement that Federal and non-Federal parcels of land exchanged for each other must be located within the same State, as specified in the Act entitled ``An Act to Consolidate National Forest Lands'', approved March 20, 1922 (16 U.S.C. 485), and the first sentence of section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), shall not apply to the land exchange authorized by this section.

Amends Federal law to reestablish and add acreage to the Bull Run Watershed Management Unit in Oregon. Directs the Secretary of Agriculture or the Interior, as applicable, to prohibit the cutting of trees on Federal land in the entire unit. Repeals a provision of the: (1) Oregon Resource Conservation Act of 1996 which requires certain Unit lands that are not contained in the Bull Run River Drainage to be managed in accordance with the law establishing the Unit; and (2) Omnibus Parks and Public Lands Management Act of 1996 regarding the Unit. Requires the Secretary of Agriculture: (1) upon application by the city of Portland, Oregon, to enter into negotiations with the city for the transfer of National Forest System land underlying the city's Bull Run water supply facilities to the city in exchange for city- owned land lying within the boundaries of any unit of the National Forest System in Oregon or Washington; and (2) to expedite the negotiations and complete such land exchange not later than September 30, 2001.

A bill to provide further protections for the watershed of the Little Sandy River as part of the Bull Run Watershed Management Unit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Social Security Numbers and Benefits for Illegal Aliens Act of 2014''. SEC. 2. PROHIBITION ON ASSIGNMENT OF SOCIAL SECURITY ACCOUNT NUMBERS TO CERTAIN INDIVIDUALS SEEKING EMPLOYMENT IN THE UNITED STATES. Section 205(c)(2)(B) of the Social Security Act (42 U.S.C. 405(c)(2)(B)) is amended by adding at the end the following: ``(iv) Notwithstanding clause (i), the Commissioner of Social Security may not assign a social security account number to any individual who-- ``(I) the Secretary of Homeland Security has determined has been authorized to be employed in the United States in accordance with the Department of Homeland Security memorandum dated November 20, 2014 with the subject line `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents'; and ``(II) would not be so authorized but for such Department of Homeland Security memorandum.''. SEC. 3. PROHIBITION ON PAYMENT OF TITLE II BENEFITS. (a) Fully Insured and Currently Insured Individuals.--Section 214(c)(1) of the Social Security Act (42 U.S.C. 414(c)(1)) is amended by striking ``subclause (I) or (III) of section 205(c)(2)(B)(i)'' and inserting ``subclause (I) or (III) of clause (i) of section 205(c)(2)(B) and clause (iv) of such section''. (b) Disability Benefits.--Section 223(a)(1)(C)(i) of the Social Security Act (42 U.S.C. 423(a)(1)(C)(i)) is amended by striking ``subclause (I) or (III) of section 205(c)(2)(B)(i)'' and inserting ``subclause (I) or (III) of clause (i) of section 205(c)(2)(B) and clause (iv) of such section''. SEC. 4. DENIAL OF CREDIT TOWARD BENEFITS FOR EARNINGS FROM UNAUTHORIZED WORK. (a) In General.--Section 214 of the Social Security Act (42 U.S.C. 414) is amended by adding at the end the following: ``(d)(1) No quarters of coverage shall be credited for purposes of this section or section 223(a)(1)(A) for any calendar year in the case of any individual if-- ``(A) on the last day of such year, such individual is not a citizen or national of the United States, and ``(B) the Secretary of Homeland Security determines, pursuant to paragraph (2), that such individual was not authorized to be employed in the United States during any portion of such calendar year. ``(2)(A) The Secretary of Homeland Security shall enter into an agreement with the Commissioner to provide, in a form and manner specified by the Commissioner, such information as the Commissioner determines necessary to carry out the limitations on crediting quarters of coverage for years under paragraph (1). ``(B) For the purpose of carrying out the Secretary's duties under subparagraph (A), the Secretary of Homeland Security shall, in consultation with the Commissioner, develop and maintain the following information: ``(i) The name, social security account number, and date of birth of each individual who is authorized by the Secretary of Homeland Security or the Secretary of State to be employed in the United States. ``(ii) The date on which each such authorization is granted. ``(iii) The date on which each such authorization is revoked or terminated. ``(iv) The date of naturalization for each individual who becomes a naturalized citizen of the United States. ``(C) The information provided to the Commissioner under subparagraph (A) relating to years in which an individual was not authorized to be employed in the United States during any portion of a year shall be the final determination of the Secretary of Homeland Security after an opportunity for review or appeal under procedures which shall be established by the Secretary of Homeland Security and shall not be reviewable by the Commissioner. ``(3) Paragraph (1) shall not apply with respect to an individual who was assigned a social security account number prior to the date of the enactment of the No Social Security Numbers and Benefits for Illegal Aliens Act of 2014.''. (b) Disregard of Earnings for Years for Which No Quarter of Coverage May Be Credited.--Section 215(e) of such Act (42 U.S.C. 415(e)) is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(3) in computing the average indexed monthly earnings of an individual, there shall not be counted any annual wages or self-employment income for any year for which no quarter of coverage may be credited to such individual as a result of the application of section 214(d)(1).''. (c) Transmission of Information From Commissioner to Secretary.-- Section 205(c)(2) of such Act (42 U.S.C. 405(c)(2)) is amended by adding at the end the following new subparagraph: ``(I) The Commissioner and the Secretary of Homeland Security shall enter into an agreement to establish a system to transmit to the Secretary of Homeland Security any social security account number assigned to an individual after the date of the enactment of the No Social Security Numbers and Benefits for Illegal Aliens Act of 2014, and other identifying information relating to such individual, in any case in which such individual is not a citizen or national of the United States at the time of the assignment of such number to such individual. The Secretary of Homeland Security shall incorporate such number and other identifying information into all records of the Department of Homeland Security maintained with respect to such individual.''. (d) Effective Dates.-- (1) Section 214(d)(1) of the Social Security Act (added by subsection (a)) shall be effective with respect to quarters of coverage credited for calendar years commencing after the date on which the Secretary of Homeland Security and the Commissioner certify, by publication in the Federal Register, that the system for developing and maintaining information pursuant to section 214(d)(2)(B) of the Social Security Act (added by subsection (a)) is operational. (2) The Commissioner of Social Security and the Secretary of Homeland Security shall enter into the agreement described in section 205(c)(2) of the Social Security Act (added by subsection (c)) not later than 180 days after the date of the enactment of this Act.

No Social Security Numbers and Benefits for Illegal Aliens Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to prohibit the Commissioner of Social Security from assigning a Social Security account number to any individual who, according to the Secretary of Homeland Security (DHS), has been authorized to be employed in the United States in accordance with a certain DHS memorandum dated November 20, 2014, and who would not be so authorized but for that memorandum. Prohibits the payment of OASDI benefits to such individuals. Denies the crediting of quarters of coverage toward benefits for earnings from unauthorized work by an individual who is not a U.S. citizen or national and who was not authorized to be employed in the United States. Prohibits counting an individual's annual wages or self-employment income for any year for which no quarter of coverage may be credited. Directs the Commissioner and the Secretary to enter into an agreement to establish a system to transmit to the Secretary any Social Security account number assigned to an individual after the enactment of this Act, as well as other identifying information, in any case in which the individual is not a U.S. citizen or national at the time that number is assigned.

No Social Security Numbers and Benefits for Illegal Aliens Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Workers from Exploitation and Retaliation Act'' or the ``POWER Act''. SEC. 2. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME. (a) Protection for Victims of Labor and Employment Violations.-- Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended-- (1) in clause (i)-- (A) by amending subclause (I) to read as follows: ``(I) the alien-- ``(aa) has suffered substantial abuse or harm as a result of having been a victim of criminal activity described in clause (iii); ``(bb) has suffered substantial abuse or harm related to a violation described in clause (iv); ``(cc) is a victim of criminal activity described in clause (iii) and would suffer extreme hardship upon removal; or ``(dd) has suffered a violation described in clause (iv) and would suffer extreme hardship upon removal;''; (B) in subclause (II), by inserting ``, or a labor or employment violation resulting in a workplace claim described in clause (iv)'' before the semicolon at the end; (C) in subclause (III)-- (i) by striking ``or State judge, to the Service'' and inserting ``, State, or local judge, to the Department of Homeland Security, to the Equal Employment Opportunity Commission, to the Department of Labor, to the National Labor Relations Board''; and (ii) by inserting ``, or investigating, prosecuting, or seeking civil remedies for a labor or employment violation related to a workplace claim described in clause (iv)'' before the semicolon at the end; and (D) in subclause (IV)-- (i) by inserting ``(aa)'' after ``(IV)'' and (ii) by adding at the end the following: ``or ``(bb) a workplace claim described in clause (iv) resulted from a labor or employment violation;''; (2) in clause (ii)(II), by striking ``and'' at the end; (3) in clause (iii), by striking ``or'' at the end and inserting ``and''; and (4) by adding at the end the following: ``(iv) in the labor or employment violation related to a workplace claim, the alien-- ``(I) has filed, is a material witness in, or is likely to be helpful in the investigation of, a bona fide workplace claim (as defined in section 274A(e)(10)(C)(iii)(II)); and ``(II) reasonably fears, has been threatened with, or has been the victim of, an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process against the alien or another person by the employer in relation to acts underlying the workplace claim or related to the filing of the workplace claim; or''. (b) Temporary Protection for Victims of Crime, Labor, and Employment Violations.--Notwithstanding any other provision of law, the Secretary of Homeland Security may permit an alien to temporarily remain in the United States and grant the alien employment authorization if the Secretary determines that the alien-- (1) has filed for relief under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)); or (2)(A) has filed, or is a material witness to, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(iii)(II) of such Act, as added by section 3(b)); and (B) has been helpful, is being helpful, or is likely to be helpful to-- (i) a Federal, State, or local law enforcement official; (ii) a Federal, State, or local prosecutor; (iii) a Federal, State, or local judge; (iv) the Department of Homeland Security; (v) the Equal Employment Opportunity Commission; (vi) the Department of Labor; (vii) the National Labor Relations Board; or (viii) other Federal, State, or local authorities investigating, prosecuting, or seeking civil remedies related to the workplace claim. (c) Conforming Amendments.--Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended-- (1) in paragraph (1), by inserting ``or investigating, prosecuting, or seeking civil remedies for workplace claims described in section 101(a)(15)(U)(iv)'' after ``section 101(a)(15)(U)(iii)'' each place such term appears; (2) in paragraph (2)(A), by striking ``10,000'' and inserting ``30,000''; and (3) in paragraph (6)-- (A) by inserting ``or workplace claims described in section 101(a)(15)(U)(iv)'' after ``described in section 101(a)(15)(U)(iii)''; and (B) by inserting ``or workplace claim'' after ``prosecution of such criminal activity''. (d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended by inserting ``or an investigation or prosecution regarding a workplace claim'' after ``prosecution''. (e) Change of Nonimmigrant Classification.--Section 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)(1)) is amended-- (1) in subparagraph (E), by striking ``physical or mental abuse and the criminal activity'' and inserting ``abuse and the criminal activity or workplace claim''; (2) in subparagraph (F), by adding ``or'' at the end; and (3) by inserting after subparagraph (F) the following: ``(G) the alien's employer,''. SEC. 3. LABOR ENFORCEMENT ACTIONS. (a) Removal Proceedings.--Section 239(e) of the Immigration and Nationality Act (8 U.S.C. 1229(e)) is amended-- (1) in paragraph (1)-- (A) by striking ``In cases where'' and inserting ``If''; and (B) by inserting ``or as a result of information provided to the Department of Homeland Security in retaliation against individuals for exercising or attempting to exercise their employment rights or other legal rights'' after ``paragraph (2)''; and (2) in paragraph (2), by adding at the end the following: ``(C) At a facility about which a workplace claim has been filed or is contemporaneously filed.''. (b) Unlawful Employment of Aliens.--Section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by adding at the end the following: ``(10) Conduct in enforcement actions.-- ``(A) Enforcement action.--If the Department of Homeland Security undertakes an enforcement action at a facility about which a workplace claim has been filed or is contemporaneously filed, or as a result of information provided to the Department in retaliation against employees for exercising their rights related to a workplace claim, the Department shall ensure that-- ``(i) any aliens arrested or detained who are necessary for the investigation or prosecution of workplace claim violations or criminal activity (as described in subparagraph (T) or (U) of section 101(a)(15)) are not removed from the United States until after the Department-- ``(I) notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity; and ``(II) provides such agency with the opportunity to interview such aliens; and ``(ii) no aliens entitled to a stay of removal or abeyance of removal proceedings under this section are removed. ``(B) Protections for victims of crime, labor, and employment violations.-- ``(i) Stay of removal or abeyance of removal proceedings.--An alien against whom removal proceedings have been initiated under chapter 4 of title II, who has filed a workplace claim, who is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim, or who has filed for relief under section 101(a)(15)(U), shall be entitled to a stay of removal or an abeyance of removal proceedings and to employment authorization until the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after exhaustion of administrative appeals, whichever is later, unless the Department establishes, by a preponderance of the evidence in proceedings before the immigration judge presiding over that alien's removal hearing, that-- ``(I) the alien has been convicted of a felony; or ``(II) the workplace claim was filed in bad faith with the intent to delay or avoid the alien's removal. ``(ii) Duration.--Any stay of removal or abeyance of removal proceedings and employment authorization issued pursuant to clause (i) shall remain valid until the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after the exhaustion of administrative appeals, and shall be extended by the Secretary of Homeland Security for a period of not longer than 3 additional years upon determining that-- ``(I) such relief would enable the alien asserting a workplace claim to pursue the claim to resolution; ``(II) the deterrent goals of any statute underlying a workplace claim would be served; or ``(III) such extension would otherwise further the interests of justice. ``(iii) Definitions.--In this paragraph: ``(I) Material witness.-- Notwithstanding any other provision of law, the term `material witness' means an individual who presents a declaration from an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant's knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim. ``(II) Workplace claim.--The term `workplace claim' means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or an employee representative related to the violation of applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, or nondiscrimination.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act.

Protect Our Workers from Exploitation and Retaliation Act or the POWER Act - Amends the Immigration and Nationality Act to exclude from the definition of "immigrant" under such Act a nonimmigrant alien who files a petition for status if the Secretary of Homeland Security (DHS) determines that the alien: (1) has suffered abuse or harm as a result of having been a victim of criminal activity; (2) has suffered substantial abuse or harm related to specified labor or employment violations related to a workplace claim (workplace violation); (3) is a victim of specified criminal activity and would suffer extreme hardship upon removal; (4) has suffered a workplace violation and would suffer extreme hardship upon removal; (5) has been helpful to a local judge, DHS, the Equal Employment Opportunity Commission (EEOC), the Department of Labor, or the National Labor Relations Board (NLRB) or to other authorities investigating, prosecuting, or seeking civil remedies for workplace violation; or (6) has filed, is a material witness in, or is likely to be helpful in the investigation of, a bona fide workplace claim and reasonably fears, has been threatened with, or has been the victim of, an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process by the employer in relation to acts underlying or related to the filing of the claim. Authorizes the Secretary to permit an alien to temporarily remain in the United States and grant the alien employment authorization upon determining that the alien: (1) has filed for relief under such provisions; (2) has filed, or is a material witness to, a bona fide workplace claim; and (3) has been helpful to a federal, state, or local law enforcement official, prosecutor, or judge, to DHS, EEOC, the Department of Labor, or NLRB, or to other federal, state, or local authorities investigating, prosecuting, or seeking civil remedies related to the claim. Sets forth provisions governing procedural requirements and protections in an enforcement action leading to a removal proceeding taken against an alien: (1) as a result of information provided to DHS in retaliation against an individual for exercising or attempting to exercise employment or other legal rights; (2) at a facility about which a workplace claim has been filed; or (3) who has filed a workplace claim, who is a material witness in any proceeding involving a bona fide workplace claim, or who has filed for relief under this Act. Makes exceptions to any entitlement to a stay of removal or other specified relief where DHS establishes, by a preponderance of the evidence in proceedings before the immigration judge presiding over that alien's removal hearing, that: (1) the alien has been convicted of a felony, or (2) the workplace claim was filed in bad faith with intent to delay or avoid the alien's removal.

To protect victims of crime or serious labor violations from deportation during Department of Homeland Security enforcement actions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Deregulation and Disclosure Act of 1999''. SEC. 2. AIRLINE PASSENGER PROTECTION. (a) In General.--Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41716. Air carrier passenger protection ``(a) Delay, Cancellation, or Diversion.-- ``(1) Explanation of delay, cancellation, or diversion required.--An announcement by an air carrier of a delay or cancellation of a flight, or a diversion of a flight to an airport other than the airport at which the flight is scheduled to land, shall include an explanation of each reason for the delay, cancellation, or diversion. ``(2) Prohibition on false or misleading explanations.--No air carrier shall provide an explanation under paragraph (1) that the air carrier knows or has reason to know is false or misleading. ``(3) Delays After Enplaning or Before Deplaning.-- ``(A) In general.--Except as provided in subparagraph (B), no air carrier may require a passenger on a flight of that air carrier to remain onboard an aircraft for a period longer than 2 hours after-- ``(i) the passenger enplaned, in any case in which the aircraft has not taken flight from the airport during that period; or ``(ii) the aircraft has landed at an airport, if the aircraft remains in that airport without taking flight. ``(B) Election.--A passenger described in subparagraph (A) may remain onboard an aircraft described in clause (i) or (ii) of that subparagraph for a period longer than the applicable period described in that subparagraph, if, not later than the end of that 2-hour period-- ``(i) the air carrier offers the passenger an opportunity to deplane with a full refund of air fare; and ``(ii) the passenger declines that offer.''. ``(b) Economic Cancellations.-- ``(1) Nonsafety cancellations.--If, on the date a flight of an air carrier is scheduled, the carrier cancels the flight for any reason other than safety, the carrier shall provide to each passenger that purchased air transportation on the flight a refund of the amount paid for the air transportation. ``(2) Cancellations for safety.--A cancellation for safety is a cancellation made by reason of-- ``(A) an insufficient number of crew members; ``(B) weather; ``(C) a mechanical problem; or ``(D) any other matter that prevents-- ``(i) the safe operation of the flight; or ``(ii) the flight from operating in accordance with applicable regulations of the Federal Aviation Administration. ``(c) Code Sharing.--An air carrier, foreign air carrier, or ticket agent may sell air transportation in the United States for a flight that bears a designator code of a carrier other than the carrier that will provide the air transportation, only if the carrier or ticket agent selling the air transportation first informs the person purchasing the air transportation that the carrier providing the air transportation will be a carrier other than the carrier whose designator code is used to identify the flight. ``(d) Multiple Flights.--An air carrier, foreign air carrier, or ticket agent that sells air transportation in the United States that requires taking flights on more than 1 aircraft shall be required to provide notification on a ticket, receipt, or itinerary provided to the purchaser of that air transportation that the passenger shall be required to change aircraft. ``(e) Air Carrier Pricing Policies.--An air carrier may not-- ``(1) prohibit a person (including a governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using the air transportation purchased only for 1-way travel instead of round-trip travel); or ``(2) assess an additional fee or charge for using only a portion of that purchased air transportation to be paid by-- ``(A) that person; or ``(B) any ticket agent that sold the air transportation to that person. ``(f) Equitable Fares; Frequent Flyer Program Awards.-- ``(1) Reduced fares.--Subject to paragraph (2), if an air carrier makes seats available on a specific date at a reduced fare, that air carrier shall be required to make available air transportation at that reduced fare for any passenger that requests a seat at that reduced fare during a 24-hour period beginning with the initial offering of that reduced fare. ``(2) Limitation.-- ``(A) In general.--An air carrier shall not be required under paragraph (1) to make a seat available for a route at a reduced fare, if providing that seat at that fare would result in the air carrier being unable to provide, for the 24-hour period specified in that paragraph, the applicable historic average number of seats offered at an unreduced fare for the route, as determined under subparagraph (B). ``(B) Historic average.--With respect to a route, the historic average number of seats offered at an unreduced fare for the route is the average number of seats offered at an unreduced fare per day by an air carrier for flights scheduled on that route during the 24-month period preceding the 24-hour period specified in paragraph (1). ``(3) Standby use of tickets.--An air carrier shall permit an individual to use a ticket (or equivalent electronic record) issued by that air carrier on a standby basis for any flight that has the same origin and destination as are indicated on that ticket (or equivalent electronic record). ``(4) Frequent flyer program awards.-- ``(A) In general.--Subject to subparagraph (C), in a manner consistent with applicable requirements of a frequent flyer program, if an air carrier makes any seat available on a specific date for use by a person redeeming an award under that frequent flyer program on any route in air transportation provided by the air carrier, that air carrier shall, to the extent practicable during the 24-hour period beginning with the redemption of that award-- ``(i) redeem any other award under that frequent flyer program for air transportation on that route; and ``(ii) make a seat available for the person who redeems that other award on a flight on that route. ``(B) Standby use of frequent flyer program awards.--An air carrier shall permit an individual to redeem a ticket (or equivalent electronic record) acquired through a frequent flyer award on a standby basis for any flight that has the same origin and destination as are indicated on that ticket (or equivalent electronic record). ``(C) Limitation.-- ``(i) In general.--An air carrier shall not be required under subparagraph (A) to make a seat available for a route for use by a person redeeming a frequent flyer award, if providing that seat to that person would result in the air carrier being unable to provide, for the 24-hour period specified in that paragraph, the applicable historic average number of seats offered at an unreduced fare for the route, as determined under clause (ii). ``(ii) Historic average.--With respect to a route, the historic average number of seats offered at an unreduced fare for the route is the average number of seats offered at an unreduced fare per day by an air carrier for flights scheduled on that route during the 24- month period preceding the 24-hour period specified in subparagraph (A). ``(g) Access to All Fares.--Each air carrier operating in the United States shall make information concerning all fares for air transportation charged by that air carrier available to the public, through-- ``(1) computer-based technology; and ``(2) means other than computer-based technology.''. (b) Penalties.--Section 46301(a)(1)(A) of title 49, United States Code, is amended by striking ``or 41715 of this title'' and inserting ``, 41715, or 41716 of this title''. (c) Conforming Amendment.--The table of sections for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41715 the following: ``41716. Air carrier passenger protection.''.

Airline Deregulation and Disclosure Act of 1999 - Amends Federal aviation law to require any announcement by an air carrier of a delay or cancellation of a flight, or a diversion to an airport other than the airport at which the flight is scheduled to land, to include an explanation of each reason for such delay, cancellation, or diversion. Prohibits an air carrier from providing an explanation that it knows or has reason to know is false or misleading. Prohibits an air carrier from requiring a passenger on a flight to remain onboard an aircraft for more than two hours after: (1) the passenger enplaned, in any case in which the aircraft has not taken flight from the airport during that period; or (2) the aircraft has landed at an airport, if the aircraft remains in that airport without taking flight. Requires an air carrier to provide a refund to each passenger whenever, on the date a flight is scheduled, the air carrier cancels the flight for any reason other than safety (economic cancellation). Allows a passenger to remain onboard an aircraft more than two hours if the airline offers an opportunity to deplane with a full refund of air fare, and the passenger declines. Authorizes an air carrier, foreign air carrier, or ticket agent to sell air transportation in the United States for a flight that bears a designator code of a carrier other than the carrier that will provide the air transportation, only if the air carrier or ticket agent first informs the person purchasing the air transportation that another air carrier will provide the air transportation. Requires any air carrier, foreign air carrier, or ticket agent that requires taking flights on more than one aircraft to provide notification on a ticket, receipt, or itinerary provided to the air passenger that the passenger shall be required to change aircraft. Prohibits an air carrier from: (1) prohibiting any person (including governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using the air transportation purchased only for one-way travel instead of round-trip travel); or (2) assessing an additional fee on or charge to such person or any ticket agent that sold the air transportation to such person. Requires an air carrier that makes seats available on a specific date at a reduced fare to make available air transportation at that reduced fare for any passenger that requests a seat at that reduced fare during a 24-hour period beginning with the initial offering of that reduced fare. Specifies a limitation to such requirement. Requires an air carrier to permit an individual to use a ticket (or equivalent electronic record) issued by such carrier on a standby basis for any flight that has the same origin and destination as are indicated on the ticket (or record). Requires, with certain limitations, an air carrier that makes a seat available on a specific date for use by a person redeeming an award under a frequent flyer program to the extent practicable during the 24-hour period beginning with the redemption of the award to: (1) redeem any other award under the frequent flyer program; and (2) make a seat available for the person who redeems the other award. Specifies the same limitation to such requirement as applies to the reduced fare requirements of this Act. Requires an air carrier to permit an individual to redeem a ticket (or equivalent electronic record) acquired through a frequent flyer award on a standby basis for any flight that has the same origin and destination as are indicated on the ticket (or record). Requires each air carrier operating in the United States to make fare information available to the public through computer-based technology and other means.

Airline Deregulation and Disclosure Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Crop Insurance Fairness Act''. SEC. 2. LEVELS OF COVERAGE IN EXCESS OF 75 PERCENT OF RECORDED OR APPRAISED AVERAGE YIELD. Subsection (a) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508(a)) is amended to read as follows: ``(a) Authority to Offer Insurance.-- ``(1) In general.--If sufficient actuarial data are available, as determined by the Board, the Corporation may insure producers of agricultural commodities grown in the United States under any plan or plans of insurance determined by the Board to be adapted to the agricultural commodity involved. ``(2) Causes.--The insurance shall be against loss of the insured commodity due to unavoidable causes, including drought, flood, hail, wind, frost, winterkill, lightning, fire, excessive rain, snow, wildlife, hurricane, tornado, insect infestation, plant disease, and such other unavoidable causes as may be determined by the Board. ``(3) Period.-- ``(A) In general.--Except in the case of tobacco, insurance shall not extend beyond the period the insured commodity is in the field. ``(B) Definition of field.--For purposes of subparagraph (A), in the case of aquacultural species, the term `field' means the environment in which the commodity is produced. ``(4) Standard yield coverage.-- ``(A) In general.--Subject to subparagraph (B), any insurance offered against loss in yield shall make available to producers protection against loss in yield that covers 75 percent of the recorded or appraised average yield of the commodity on the insured farm for a representative period. ``(B) Adjustments.--Average yields established under subparagraph (A) shall be subject to such adjustments as the Board may prescribe to the end that the average yields fixed for farms in the same area, that are subject to the same conditions, may be fair and just. ``(5) Lesser yield coverage.--In addition, the Corporation shall make available to producers lesser levels of yield coverage, including a level of coverage at 50 percent of the recorded or appraised average yield, as adjusted. ``(6) Adjusted yields.--In the case of any commodity for which the Agricultural Stabilization and Conservation Service has established for the farming unit involved an adjusted yield for the purposes of programs administered by the Service (or a yield for crop insurance purposes under this title), if the yield is greater than the recorded or the appraised yield, as established by the Corporation, of a commodity on the farming unit, insurance coverage may be provided to cover against the loss in yield of the commodity on the basis of the adjusted yield for the commodity established by the Service rather than the recorded or appraised yield as established by the Corporation. ``(7) Additional premiums.--Additional insurance under this subsection shall be provided for an additional premium (for which no premium subsidy or administrative subsidy may be provided) set at such rate as the Board determines-- ``(A) appropriate to reflect accurately the increased risk involved; and ``(B) actuarially sufficient to-- ``(i) cover claims for losses on the insurance; and ``(ii) establish a reasonable reserve against unforeseen losses. ``(8) Levels of coverage in excess of 75 percent of recorded or appraised average yield.--The Corporation may make available to producers on a farm located in a growing area a level of coverage in excess of 75 percent of the recorded or appraised average yield, as adjusted, if the Corporation determines that normal variations in yield in the growing area have not resulted in the payment of claims for losses while the level of coverage is limited to 75 percent. ``(9) Maximum level of coverage.--Except as provided in paragraphs (6) through (8), the Corporation may not make available to producers any level of coverage in excess of 75 percent of the recorded or appraised average yield, as adjusted. ``(10) Projected market price option.--One of the price elections offered shall approximate (but be not less than 90 percent of) the projected market price for the commodity involved, as determined by the Board. ``(11) Uninsured losses.--Insurance provided under this subsection shall not cover losses due to-- ``(A) the neglect or malfeasance of the producer; ``(B) the failure of the producer to reseed to the same crop in areas and under circumstances where it is customary to so reseed; or ``(C) the failure of the producer to follow established good farming practices. ``(12) Insurance risks.--The Board may limit or refuse insurance in any county or area, or on any farm, on the basis of the insurance risk involved. ``(13) Agricultural income in counties.--Insurance shall not be provided on any agricultural commodity in any county in which the Board determines that the income from the commodity constitutes an unimportant part of the total agricultural income of the county, except that insurance may be provided for producers on farms situated in a local producing area bordering on a county with a crop-insurance program. ``(14) Annual reports.--The Corporation shall report annually to Congress the results of the operations of the Corporation as to each commodity insured. ``(15) Project market price level.--Beginning with the 1992 crop year, the Corporation shall establish a price level for each commodity on which insurance is offered that shall not be less than the projected market price for the commodity, as determined by the Board. ``(16) Price election.--Insurance coverage shall be made available to a producer on the basis of any price election that equals or is less than that established by the Board. The coverage shall be quoted in terms of dollars per acre.''. SEC. 3. LATE PLANTING COVERAGE. Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) is amended by adding at the end the following new subsection: ``(n) Late Planting Coverage.-- ``(1) In general.--Producers on a farm entering into a crop insurance contract under this Act shall be offered late planting coverage that would permit planting after the final planting date for a commodity by up to 25 days for coverage under the contract. ``(2) Reduction of coverage.--If the producers on a farm purchase late planting coverage under paragraph (1), the yield guarantee shall be reduced by-- ``(A) 1 percent per day for each of the 1st through 10th days planting is delayed beyond the normal final planting date; ``(B) 2 percent per day for each of the 11th through 25th days planting is delayed beyond the normal final planting date; and ``(C) such other amounts as can be demonstrated to offset the additional insurer risk of providing the coverage. ``(3) Presumption of coverage.--The producers on a farm shall have late planting coverage as part of a basic policy of insurance under this Act unless the producers notify the Corporation that the producers waive late planting coverage. ``(4) Raises in premiums.--If the Corporation determines that late planting coverage would raise premiums to such an extent as to discourage participation in the program established by this Act, the Corporation shall offer late planting as a separate endorsement.''. SEC. 4. PREVENTED PLANTING COVERAGE. Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) (as amended by section 3 of this Act) is further amended by adding at the end the following new subsection: ``(o) Prevented Planting Coverage.-- ``(1) In general.--Producers on a farm entering into a crop insurance contract under this Act shall have prevented planting coverage as part of the basic policy of insurance under this Act. ``(2) Coverage.--If the producers on a farm are prevented from planting a crop of a covered commodity as the result of excess moisture, drought, or other natural disaster, the producers shall be eligible for coverage equal to 50 percent of the guaranteed level of coverage for the crop. ``(3) Substitute crop.--The producers on a farm shall have the option of planting a substitute crop, in lieu of an insured crop, as part of the basic policy of insurance under this Act. The value of the substitute crop shall offset the remaining guaranteed level of coverage for the insured crop. ``(4) Presumption of coverage.--The producers on a farm shall have prevented planting coverage as part of a basic policy of insurance made available under this Act unless the producers notify the Corporation that the producers waive prevented planting coverage. ``(5) Raises in premiums.--If the Corporation determines that prevented planting coverage would raise premiums to such an extent as to discourage participation in the program established by this Act, the Corporation shall offer prevented planting as a separate endorsement.''. SEC. 5. ELIMINATION OF PENALTY FOR DE MINIMIS YIELDS. Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) (as amended by section 4 of this Act) is further amended by adding at the end the following new subsection: ``(p) De Minimis Yields.--The Corporation shall, to the extent practicable, establish a procedure under which a producer of an insured crop that has suffered a disaster loss shall not have deducted from the indemnity payment attributable to the loss any amount for actual production of the crop if the estimated market value of the actual production is less than the cost to the producer of harvesting the production.''. SEC. 6. YIELD AVERAGES. Section 508A(b) of the Federal Crop Insurance Act (7 U.S.C. 1508a(b)) is amended by adding at the end the following new paragraph: ``(4) Yield averages.-- ``(A) In general.--Yield coverage under this section shall be based on the average of a producer's actual proven crop yields for a commodity over no less than 4 crop years and no more than 10 crop years, as determined under this paragraph. ``(B) Establishing a minimum level of insurance protection.--The Corporation shall establish a minimum level of insurance protection for those covered producers who have had reduced yields due to natural disasters. ``(C) Use of transitional or actual yields.-- Transitional yield data may only be used to establish a yield for the producers on a farm to the extent the producers have not established actual production history for the first 4 crop years the producers operate the farm. After producers establish actual production history for the first 4 crop years the producers operate the farm, yield coverage under this section shall be based only on the actual production history for the commodity for the farm. ``(D) Use of yields for previous crop years.--In the case of producers on a farm who operate a new parcel of land, for crop insurance purposes, the producers may elect to apply-- ``(i) the previous yield history for the land, if the Corporation determines the yield data to be actuarially sound; or ``(ii) transitional yield data to the parcel of land. ``(E) Nonstandard classification procedures.--The Corporation shall make adjustments in the Nonstandard Classification procedures established under subpart O of part 400 of chapter IV of subtitle B of title 7, Code of Federal Regulations, to account for producer yield declines due to recurrent natural disasters. ``(F) Definition of transitional yield.--For purposes of this paragraph, the term `transitional yield' means the countywide average used by the Corporation to establish a yield for the producers on a farm if there are no actual production records available for the producers.''.

Federal Crop Insurance Fairness Act - Amends the Federal Crop Insurance Act with respect to: (1) yield averages; (2) late planting coverage; (3) prevented planting coverage; and (4) de minimis yield penalties.

Federal Crop Insurance Fairness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Investment Act of 2008''. SEC. 2. FUNDING FOR CHILD CARE. (a) Main Program.--Section 418 of the Social Security Act (42 U.S.C. 618) is amended-- (1) in subsection (a)-- (A) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by striking ``section'' and inserting ``subsection''; (ii) in subparagraph (G), by striking ``2010.'' and inserting ``2008; and''; and (iii) by adding at the end the following: ``(H) $3,717,000,000 for each of fiscal years 2009 though 2014.''; and (2) in subsection (b)-- (A) by striking all that precedes paragraph (1) and inserting the following: ``(6) Use of funds.--''; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and aligning the margins of those subparagraphs with the margins of section 418(a)(2)(C) of that Act; (C) by striking ``this section'' each place it appears and inserting ``this subsection''; and (D) by striking ``subsection (a)(1)'' and inserting ``paragraph (1)''. (b) Quality Initiatives.--Section 418 of the Social Security Act, as amended by subsection (a), is further amended by inserting after subsection (a) the following: ``(b) Quality Initiatives.-- ``(1) Appropriation.--In addition to amounts appropriated under subsection (a), there is appropriated to carry out this subsection $300,000,000 for each of fiscal years 2009 through 2014. ``(2) Allotment.--The Secretary shall use the funds appropriated under paragraph (1) to make grants to eligible States, through allotments made to those States on the basis of the formula described in subsection (a)(2)(B). ``(3) Application.--To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the State will use the grant funds as described in paragraph (4). ``(4) Use of funds.--A State that receives a grant under this subsection shall use the grant funds to carry out 2 or more activities consisting of-- ``(A) establishing and implementing, or maintaining, a Quality Rating and Improvement System for center-based child care providers, group home child care providers, family child care providers, and other early childhood education providers, as determined by the State, which shall-- ``(i) include criteria appropriate for providers for each age group of the children involved, with initial and progressively higher levels that lead to standards that are consistent with nationally recognized high standards; and ``(ii) provides assistance for education, training, and compensation initiatives to assist child care providers in meeting the initial and progressively higher levels for the criteria; ``(B) establishing and supporting a statewide network of infant and toddler specialists to provide individual or group training, and intensive consultation, to center-based child care providers, group home child care providers, family child care providers, and relative caregivers on strategies to improve the quality of care for infants and toddlers, especially infants and toddlers in families who are eligible for federally funded child care assistance; ``(C) establishing and implementing standards that require at least 40 hours of appropriate health, safety, and child development training for an individual, prior to employment with or as a licensed or registered child care provider; ``(D) establishing and implementing requirements that licensed or registered center-based child care providers, group home child care providers, and family child care providers are visited by monitoring staff at least twice a year, with a minimum of 1 such visit a year on an unannounced basis; and ``(E) paying reimbursement rates, for providers of child care services for which financial assistance is made available under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), at or above the 75th percentile of market rates for such services as determined by a current (as of the date of the payment) market rate survey.''.

Child Care Investment Act of 2008 - Amends part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act to increase appropriations for child care assistance grants for FY2009-FY2014. Makes appropriations for FY2009-FY2014 for grants to states to establish: (1) a Quality Rating and Improvement System (or maintain such a system) for center-based child care providers, group home child care providers, family child care providers, and other early childhood education providers; (2) a statewide network of infant and toddler specialists to train such providers; (3) standards that require at least 40 hours of appropriate health, safety, and child development training for an individual before employment with or as a licensed or registered child care provider; and (4) requirements that licensed or registered providers are visited by monitoring staff at least twice a year. Requires the use of such appropriations also to pay reimbursement rates at or above the 75th percentile of market rates for providers of child care services assisted under the Child Care and Development Block Grant Act of 1990.

A bill to amend the Social Security Act to enable States to carry out quality initiatives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``World War II War Crimes Accountability Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Surviving Nazi war criminals are becoming increasingly rare. (2) The identities of many of the remaining criminals were made known only after the end of the Cold War and the collapse of Communist governments throughout eastern Europe. (3) In most of these formerly communist countries, the volume of available information is enormous, and the available resources to study it and identify war crimes suspects is comparatively small. (4) In the United States, the Office of Special Investigations (OSI) of the Department of Justice is responsible for detecting, investigating and taking legal action to denaturalize or deport persons who took part in Nazi- sponsored acts of persecution committed abroad between 1933 and 1945. (5) As of April 2008, OSI had successfully prosecuted more than 100 people involved in Nazi war crimes who were residing in the United States. (6) As a government office with limited resources, OSI is under enormous strain to identify and prosecute those criminals identified by newly-released records before it is too late. (7) Some foreign governments hinder the efforts of OSI, Congress, and the United States Government to extradite or deport convicted Nazi war criminals from the United States to their country of origin or other relevant jurisdiction. (8) Certain nongovernmental organizations have been instrumental in the search for wanted Nazi war crimes suspects for over 60 years. (9) In 2002, the Simon Wiesenthal Center launched Operation: Last Chance to maximize the identification and help facilitate the prosecution of the remaining unprosecuted Nazi war criminals, helping to achieve justice for the victims of the Holocaust. (10) Simon Wiesenthal, a survivor of the Nazi death camps whose work stands as a reminder and a warning for future generations, dedicated his life to-- (A) documenting the crimes of the Holocaust; and (B) hunting down the perpetrators still at large. (11) As founder and head of the Jewish Documentation Center in Vienna, Simon Wiesenthal successfully brought to justice wanted Nazi war criminals, including-- (A) Franz Stangl, the commandant of the Treblinka death camp; (B) Franz Murer, ``The Butcher of Wilno''; and (C) Erich Rajakowitsch, who was in charge of the ``death transports'' in Holland. (12) Mr. Wiesenthal's work, which contributed enormously to the modern understanding of justice, war crimes, and crimes against humanity, should be continued. (13) Of the most guilty Nazis and Nazi collaborators still at large, Operation: Last Chance has identified the following suspects: (A) Dr. Aribert Heim, who served as a medical doctor at the Sachsenhausen, Buchenwald, and Mauthausen concentration camps, is the most wanted ex-Nazi still at large. His most terrible crimes were committed at Mauthausen, where he murdered hundreds of inmates by administering lethal injections of phenol to their hearts or by other torturous killing methods during the fall of 1941. His whereabouts are unknown. (B) Dr. Sandor Kepiro, who served as an officer in the Hungarian gendarmerie, was 1 of several Hungarian officers convicted in 1944 for the mass murder of several thousand civilians (mostly Jews) in the city of Novi Sad on January 23, 1942. In the wake of the occupation of Hungary in March 1944, he was pardoned, promoted, and returned to active service. He escaped to Austria in 1945, fled to Argentina in 1948, and returned to Hungary in 1996. (C) Milivoj Asner, who served as the police chief of the city of Slavonska Pozega. During 1941 and 1942, Mr. Asner orchestrated the robbery, persecution and destruction of the local Serb, Jewish and Gypsy communities, which culminated in the deportation of hundreds of civilians to Ustasha concentration camps, where most of the deportees were murdered. After his exposure in Operation: Last Chance, the former police chief later escaped once again to Klagenfurt, Austria where he currently resides. (D) Charles Zentai is accused of murdering 18-year- old Peter Balazs, a Jewish boy he caught riding a Budapest tram without the requisite yellow star on November 8, 1944. After Hungarian requests for his extradition went unanswered, Zentai was able to immigrate to Australia in February 1950, where he currently lives. SEC. 3. SENSE OF THE SENATE. It is the sense of the Senate that-- (1) the United States should actively encourage extradition and prosecution of the remaining Nazi war criminals (as described by 8 U.S.C. 1182 (a)(3)(e)); (2) the Simon Wiesenthal Center should be commended for its historic work in bringing to light the atrocities of the Holocaust and in advancing justice for Nazi war criminals through Operation: Last Chance; and (3) the Office of Special Investigation of the Department of Justice is advancing the declared foreign policy of the United States by bringing wanted World War II criminals to justice and should be commended for its actions. SEC. 4. DESIGNATION OF VISA WAIVER PROGRAM COUNTRIES. (a) Cooperation.--After a country is initially designated as a visa waiver program country under section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)), the Attorney General, in evaluating the effect that such designation would have on the law enforcement and security interests of the United States under paragraph (2)(C) of such section, shall consider the extent to which such country is cooperating in-- (1) extraditing or prosecuting wanted or indicted Nazi war criminals to the relevant jurisdiction; and (2) admitting into their territory aliens described in section 212(a)(3)(E)(i) and ordered removed from the United States by a United States immigration judge, the Board of Immigration Appeals, or a Federal court. (b) Presidential Discretion.-- (1) In general.--If the President determines that it would not be in the national interest of the United States to terminate a country's designation as a visa waiver program country based on the evaluation under subsection (a), the President may decline to terminate such designation after providing advance written notification to-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on the Judiciary of the House of Representatives. (2) Contents.--In providing notification under paragraph (1), the President shall-- (A) identify each crime suspect described in subsection (a)(2) whose admission has not been effected; and (B) submit copies of all decisions rendered by United States immigration judges, the Board of Immigration Appeals, and Federal courts that relate to such crime suspects. SEC. 5. ANNUAL REPORT. In each of the fiscal years 2009 through 2013, the President shall submit an annual report to the committees listed in section 4(b)(1), which describes, for each country that has a pending application for entry into or renewal of the visa waiver program, whether such country is-- (1) cooperating satisfactorily in extraditing or deporting wanted Nazi war crimes suspects to the jurisdiction in which they have been indicted or convicted; (2) prosecuting wanted Nazi war crimes suspects effectively within such country's jurisdiction; and (3) cooperating satisfactorily in admitting to the territory of such country aliens described in section 212(a)(3)(E)(i) and ordered removed from the United States territory by a United States immigration judge, the Board of Immigration Appeals, or a Federal court.

World War II War Crimes Accountability Act of 2008 - Expresses the sense of the Senate that: (1) the United States should encourage extradition and prosecution of the remaining Nazi war criminals; (2) the Simon Wiesenthal Center should be commended for its historic work in bringing to light the atrocities of the Holocaust and in advancing justice for Nazi war criminals through Operation: Last Chance; and (3) the Office of Special Investigation of the Department of Justice is advancing U.S. foreign policy by bringing wanted World War II criminals to justice and should be commended for its actions. Directs the Attorney General, in evaluating the effect on U.S. law enforcement and security interests for purposes of a country's eligibility for visa waiver program designation, to consider the extent to which such country is: (1) cooperating in extraditing or prosecuting Nazi war criminals; and (2) admitting into its territory aliens ordered removed from the United States because of participation in Nazi persecution, genocide, torture, or extrajudicial killing. Authorizes the President, after congressional notification, to not terminate a country's designation based upon such evaluation if in the national interest.

A bill to hold the surviving Nazi war criminals accountable for the war crimes, genocide, and crimes against humanity they committed during World War II, by encouraging foreign governments to more efficiently prosecute and extradite wanted criminals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Stamp Anti-Fraud Act of 1995''. SEC. 2. EXPANDED DEFINITION OF COUPON. Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C. 2012(d)) is amended by striking ``or type of certificate'' and inserting ``type of certificate, authorization card, cash or check issued as a coupon, or an access device, including an electronic benefits transfer card or a personal identification number,''. SEC. 3. DOUBLED PENALTIES FOR VIOLATING FOOD STAMP PROGRAM REQUIREMENTS. Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)) is amended-- (1) in clause (i), by striking ``six months upon'' and inserting ``1 year on''; and (2) in clause (ii), by striking ``1 year upon'' and inserting ``2 years on''. SEC. 4. AUTHORITY TO ESTABLISH AUTHORIZATION PERIODS. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)) is amended by adding at the end the following: ``(3) Authorization periods.--The Secretary is authorized to issue regulations establishing specific time periods during which authorization to accept and redeem coupons under the food stamp program shall be valid.''. SEC. 5. SPECIFIC PERIOD FOR PROHIBITING PARTICIPATION OF STORES BASED ON LACK OF BUSINESS INTEGRITY. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)) (as amended by section 4) is further amended by adding at the end the following: ``(4) Periods for participation of stores and concerns.-- The Secretary may issue regulations establishing specific time periods during which a retail food store or wholesale food concern that has an application for approval to accept and redeem coupons denied or that has an approval withdrawn on the basis of business integrity and reputation cannot submit a new application for approval. The periods shall reflect the severity of business integrity infractions that are the basis of the denials or withdrawals.''. SEC. 6. INFORMATION FOR VERIFYING ELIGIBILITY FOR AUTHORIZATION. Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended-- (1) in the first sentence, by inserting ``, which may include relevant income and sales tax filing documents,'' after ``submit information''; and (2) by inserting after the first sentence the following: ``The regulations may require retail food stores and wholesale food concerns to provide written authorization for the Secretary to verify all relevant tax filings with appropriate agencies and to obtain corroborating documentation from other sources so that the accuracy of information provided by the stores and concerns may be verified.''. SEC. 7. WAITING PERIOD FOR STORES THAT INITIALLY FAIL TO MEET AUTHORIZATION CRITERIA. Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C. 2018(d)) is amended by adding at the end the following: ``A retail food store or wholesale food concern that has an application for approval to accept and redeem coupons denied because the store or concern does not meet criteria for approval established by the Secretary by regulation may not submit a new application for 6 months from the date of the denial.''. SEC. 8. MANDATORY CLAIMS COLLECTION METHODS. (a) Disclosure of Information.--Section 11(e)(8) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)) is amended by inserting before the semicolon at the end the following: ``or from refunds of Federal taxes under section 3720A of title 31, United States Code''. (b) Other Means of Collection.--Section 13(d) of the Act (7 U.S.C. 2022(d)) is amended-- (1) by striking ``may be recovered'' and inserting ``shall be recovered''; and (2) by inserting before the period at the end the following: ``or a refund of Federal taxes under section 3720A of title 31, United States Code.''. SEC. 9. BASES FOR SUSPENSIONS AND DISQUALIFICATIONS. Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)) is amended by adding at the end the following: ``Regulations issued pursuant to this Act shall provide criteria for the finding of a violation, and the suspension or disqualification of a retail food store or wholesale food concern, on the basis of evidence that may include facts established through on-site investigations, inconsistent redemption data, or evidence obtained through transaction reports under electronic benefits transfer systems.''. SEC. 10. DISQUALIFICATION OF STORES PENDING JUDICIAL AND ADMINISTRATIVE REVIEW. (a) Authority.--Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)) (as amended by section 9) is amended by adding at the end the following: ``The regulations may establish criteria under which the authorization of a retail food store or wholesale food concern to accept and redeem coupons may be suspended at the time the store or concern is initially found to have committed a violation of a requirement of the food stamp program. The suspension may coincide with the period of a review under section 14. The Secretary shall not be liable for the value of any sales lost during a suspension or disqualification period.''. (b) Review.--Section 14(a) of the Act (7 U.S.C. 2023(a)) is amended-- (1) in the first sentence, by striking ``disqualified or subjected'' and inserting ``suspended, disqualified, or subjected''; (2) in the fifth sentence, by inserting before the period at the end the following: ``, except that, in the case of the suspension of a retail food store or wholesale food concern under section 12(a), the suspension shall remain in effect pending any judicial or administrative review of the proposed disqualification action, and the period of suspension shall be considered a part of any period of disqualification that is imposed''; and (3) by striking the last sentence. SEC. 11. DISQUALIFICATION OF RETAILERS WHO ARE DISQUALIFIED UNDER THE WIC PROGRAM. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended by adding at the end the following: ``(g) Disqualification of Retailers Who Are Disqualified Under the WIC Program.-- ``(1) In general.--The Secretary shall issue regulations providing criteria for the disqualification of an approved retail food store and a wholesale food concern that is disqualified from accepting benefits under the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (7 U.S.C. 1786). ``(2) Terms.--A disqualification under paragraph (1)-- ``(A) shall be for the same period as the disqualification from the program referred to in paragraph (1); ``(B) may begin at a later date than the disqualification from the program referred to in paragraph (1); and ``(C) notwithstanding section 14, shall not be subject to judicial or administrative review.''. SEC. 12. PERMANENT DEBARMENT OF RETAILERS WHO INTENTIONALLY SUBMIT FALSIFIED APPLICATIONS. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) (as amended by section 11) is amended by adding at the end the following: ``(h) Falsified Applications.-- ``(1) In general.--The Secretary shall issue regulations providing for the permanent disqualification of a retail food store, or wholesale food concern, that knowingly submits an application for approval to accept and redeem coupons that contains false information about a substantive matter that was a basis for approving the application. ``(2) Review.--A disqualification under paragraph (1) shall be subject to judicial and administrative review under section 14, except that the disqualification shall remain in effect pending the review.''. SEC. 13. CRIMINAL FORFEITURE. Section 15 of the Act (7 U.S.C. 2024) is amended by adding at the end the following: ``(h) Criminal Forfeiture.-- ``(A) In general.--Any person convicted of violating subsection (b) or (c) involving food stamp benefits having an aggregate value of not less than $5,000, shall forfeit to the United States-- ``(i) any food stamp benefits and any property constituting, or derived from, or traceable to any proceeds the person obtained directly or indirectly as a result of the violation; and ``(ii) any food stamp benefits and any property of the person used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the violation. ``(B) Sentence.--In imposing a sentence on a person under subparagraph (A), a court shall order that the person forfeit to the United States all property described in this subsection. ``(C) Procedures.--Any food stamp benefits or property subject to forfeiture under this subsection, any seizure or disposition of the benefits or property, and any administrative or judicial proceeding relating to the benefits or property, shall be governed by subsections (b), (c), (e), and (g) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), if not inconsistent with this subsection. ``(3) Excluded property.--This subsection shall not apply to property referred to in subsection (g).''. SEC. 14. EFFECTIVE DATE. Except as otherwise provided in this Act, this Act and the amendments made by this Act shall become effective on October 1, 1995.

Food Stamp Anti-Fraud Act of 1995 - Amends the Food Stamp Act of 1977 to expand the definition of "coupon." Increases penalties for specified food stamp program (program) violations. Authorizes the Secretary of Agriculture to establish specific time periods for: (1) retail food stores and wholesale food concerns (stores) to apply for program participation; and (2) prohibition of program participation based on lack of business integrity. Includes income and sales tax information among the types of eligibility verification information which may be requested. Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. Makes the collection of overissuance of coupons from Federal pay or Federal tax refunds (as authorized by this section) mandatory. Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Provides for permanent disqualification of a store that knowingly submits a falsified application. Establishes criminal forfeiture penalties for specified program violations.

Food Stamp Anti-Fraud Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tsunamis Temporary Protected Status Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) On December 26, 2004, an undersea earthquake with a magnitude of 9.0 on the Richter scale and a depth of 10 kilometers occurred off the west coast of Northern Sumatra, triggering massive tsunamis that affected several countries throughout South and Southeast Asia. (2) This is the fourth largest magnitude recorded since the establishment of accurate global seismographic record-keeping in 1900. (3) The earthquake, the strongest since 1964, was followed by dozens of aftershocks, many with magnitudes of 5.0 or greater. (4) The earthquake triggered tsunamis that produced devastating destruction and environmental disaster in the Asian regions of Sri Lanka, India, Indonesia, Thailand, Somalia, Myanmar, Malaysia, Maldives, Tanzania, Seychelles, Bangladesh, and Kenya. (5) The tsunamis produced waves of up to 50 feet in height. (6) As a result of the earthquake, and the tsunamis it triggered, more than 2.6 million people have been displaced and tens of thousands of people are still missing. (7) As a result of the earthquake, and the tsunamis it triggered, more than 94,000 deaths have been established in Indonesia, and the Indonesian ambassador to Malaysia has said that up to 400,000 may be dead in villages that show no signs of life. (8) As a result of the earthquake, and the tsunamis it triggered, more than 46,000 deaths have been established in Sri Lanka, mostly children and the elderly, and more than 1.5 million people are displaced from their homes. (9) As a result of the earthquake, and the tsunamis it triggered, more than 14,800 people are dead or feared dead in India, with more than 7,000 missing. (10) As a result of the earthquake, and the tsunamis it triggered, more than 4,900 deaths have been established in Thailand, with more than 6,400 people missing. (11) As a result of the earthquake, and the tsunamis it triggered, more than 80 deaths have been established in Maldives, with more than 25 people missing. (12) The United Nations has declared that the current relief operation will be the costliest one ever. (13) United Nations Secretary-General Kofi Annan has estimated that reconstruction probably will take between 5 and 10 years. (14) The total number of deaths exceeds 154,800 people. (15) The earthquake and subsequent aftershocks and flooding have hampered, and in some cases prevented, delivery of food and other supplies. SEC. 3. DESIGNATION TO RENDER NATIONALS OF SRI LANKA, INDIA, INDONESIA, THAILAND, SOMALIA, MYANMAR, MALAYSIA, MALDIVES, TANZANIA, SEYCHELLES, BANGLADESH, AND KENYA ELIGIBLE FOR TEMPORARY PROTECTED STATUS. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Sri Lanka, India, Indonesia, Thailand, Somalia, Myanmar, Malaysia, Maldives, Tanzania, Seychelles, Bangladesh, and Kenya shall be treated as if such foreign states had been designated under subsection (b) of that section, subject to the provisions of this section. (2) Period of designation.--The initial period of such designation shall begin on the date of enactment of this Act and shall remain in effect for 1 year. (b) Aliens Eligible.--In applying section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made under this section, subject to subsection (c)(3) of such section, an alien who is a national of Sri Lanka, India, Indonesia, Thailand, Somalia, Myanmar, Malaysia, Maldives, Tanzania, Seychelles, Bangladesh, and Kenya is deemed to satisfy the requirements of subsection (c)(1) of such section only if-- (1) the alien has been continuously physically present in the United States since the date of the enactment of this Act; (2) the alien is admissible as an immigrant, except as otherwise provided in subsection (c)(2)(A) of such section and is not ineligible for temporary protected status under subsection (c)(2)(B) of such section; and (3) the alien registers for temporary protected status in a manner that the Secretary of Homeland Security shall establish. (c) Consent to Travel Abroad.--The Secretary of Homeland Security shall give the prior consent to travel abroad described in section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)) to an alien who is granted temporary protected status pursuant to the designation made under this section, if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a).

Tsunamis Temporary Protected Status Act of 2005 - Requires Sri Lanka, India, Indonesia, Thailand, Somalia, Myanmar, Malaysia, Maldives, Tanzania, Seychelles, Bangladesh, and Kenya to be treated as if such countries had been designated for purposes of the temporary protected status (TPS) provisions of the Immigration and Nationality Act. Establishes a one-year period of initial TPS designation. Makes aliens who are nationals of such nations eligible for TPS if they: (1) have been continuously physically present since the date of enactment of this Act; (2) are admissible as immigrants or eligible for certain waivers of inadmissibility and are not ineligible for TPS; and (3) register for TPS in the manner established by the Secretary of Homeland Security. Directs the Secretary to give prior consent to travel abroad to an alien granted TPS pursuant to this Act if the alien establishes that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad.

To designate Sri Lanka, India, Indonesia, Thailand, Somalia, Myanmar, Malaysia, Maldives, Tanzania, Seychelles, Bangladesh, and Kenya under section 244 of the Immigration and Nationality Act in order to render nationals of such foreign states eligible for temporary protected status under such section.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Synthetic Drug Abuse Prevention Act of 2012''. SEC. 2. ADDITION OF SYNTHETIC DRUGS TO SCHEDULE I OF THE CONTROLLED SUBSTANCES ACT. (a) Cannabimimetic Agents.--Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended by adding at the end the following: ``(d)(1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of cannabimimetic agents, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation. ``(2) In paragraph (1): ``(A) The term `cannabimimetic agents' means any substance that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and functional assays within any of the following structural classes: ``(i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent. ``(ii) 3-(1-naphthoyl)indole or 3-(1- naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent. ``(iii) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent. ``(iv) 1-(1-naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent. ``(v) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent. ``(B) Such term includes-- ``(i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3- hydroxycyclohexyl]-phenol (CP-47,497); ``(ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3- hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP- 47,497 C8-homolog); ``(iii) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678); ``(iv) 1-butyl-3-(1-naphthoyl)indole (JWH-073); ``(v) 1-hexyl-3-(1-naphthoyl)indole (JWH-019); ``(vi) 1-[2-(4-morpholinyl)ethyl]-3-(1- naphthoyl)indole (JWH-200); ``(vii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); ``(viii) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081); ``(ix) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); ``(x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH- 398); ``(xi) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201); ``(xii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694); ``(xiii) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4); ``(xiv) 1-cyclohexylethyl-3-(2- methoxyphenylacetyl)indole (SR-18 and RCS-8); and ``(xv) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).''. (b) Other Drugs.--Schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended in subsection (c) by adding at the end the following: ``(18) 4-methylmethcathinone (Mephedrone). ``(19) 3,4-methylenedioxypyrovalerone (MDPV). ``(20) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E). ``(21) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D). ``(22) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C). ``(23) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I). ``(24) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C- T-2). ``(25) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4). ``(26) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H). ``(27) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N). ``(28) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C- P).''. SEC. 3. TEMPORARY SCHEDULING TO AVOID IMMINENT HAZARDS TO PUBLIC SAFETY EXPANSION. Section 201(h)(2) of the Controlled Substances Act (21 U.S.C. 811(h)(2)) is amended-- (1) by striking ``one year'' and inserting ``2 years''; and (2) by striking ``six months'' and inserting ``1 year''.

Synthetic Drug Abuse Prevention Act of 2012- Amends the Controlled Substances Act to add as schedule I controlled substances: (1) any material, compound, mixture, or preparation which contains specified cannabimimetic agents (or the salts, isomers, or salts of isomers thereof); and (2) specified additional hallucinogenic substances (or the salts, isomers, or salts of isomers thereof). Extends the period for which the Attorney General may temporarily schedule a substance in schedule I to avoid an imminent hazard to public safety to two years with a one-year extension (currently, one year with a six-month extension).

A bill to amend the Controlled Substances Act to place synthetic drugs in Schedule I.

SECTION 1. CREDIT FOR PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. ``(a) Allowance of Credit.--In the case of a first-time homebuyer, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 10 percent of the purchase price of the first principal residence purchased by the taxpayer during the eligibility period. Except as otherwise provided in this section, such credit shall be allowed for the taxable year in which such residence is purchased. ``(b) Limitation.--The credit allowed by subsection (a) to the taxpayer shall not exceed $2,500. ``(c) First-Time Homebuyer.--For purposes of this section-- ``(1) In general.--The term `first-time homebuyer' means any individual unless such individual or such individual's spouse had a present ownership interest in any principal residence at any time during the 3-year period ending on the date of the purchase of the residence referred to in subsection (a). ``(2) Unmarried joint owners.--An individual shall not be treated as a first-time homebuyer with respect to any residence unless all the individuals purchasing such residence with such individual are first-time homebuyers. ``(3) Allocation of limits.--All individuals purchasing a residence shall be treated as 1 individual for purposes of determining the maximum credit under subsection (a), and such maximum credit shall be allocated among such individuals under regulations prescribed by the Secretary. ``(4) Certain individuals ineligible.--The term `first-time homebuyer' shall not include any individual if, on the date of the purchase of the residence, the period of time specified in section 1034(a) is suspended under subsection (a)(6), (h), or (k) of section 1034 with respect to such individual. ``(5) Special rule for certain contracts of deed.--In the case of an individual described in section 143(i)(1)(C) for any year, an ownership interest shall not include a contract of deed described in such section. ``(d) Other Definitions.--For purposes of this section-- ``(1) Eligibility period.-- ``(A) In general.--The term `eligibility period' means the 1-year period beginning on the date of the enactment of this section. ``(B) Binding contracts.--A residence shall be treated as purchased during the eligibility period if-- ``(i) during the eligibility period, the purchaser enters into a binding contract to purchase the residence, and ``(ii) the purchaser purchases and occupies the residence on or before the date 3 months after the last day of the eligibility period. For purposes of clause (i), a contract shall not fail to be treated as binding merely because it is contingent on financing or on the condition of the residence. ``(2) Purchase.--The term `purchase' means any acquisition of property, but only if-- ``(A) the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b), and ``(B) the basis of the property in the hands of the person acquiring it is not determined-- ``(i) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(ii) under section 1014(a) (relating to property acquired from a decedent). ``(3) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(4) Purchase price.--The term `purchase price' means the adjusted basis of the residence on the date of its acquisition. ``(e) Carryover of Unused Credit.-- ``(1) In general.--If-- ``(A) the credit allowable under subsection (a) exceeds ``(B) the limitation imposed by section 26(a) reduced by the sum of the credits allowable under sections 21 and 22, such excess shall be carried to the succeeding taxable year and shall be allowable under subsection (a) for such succeeding taxable year. ``(2) 5-year limit on carryforward.--No amount may be carried under paragraph (1) to any taxable year after the 5th taxable year after the taxable year in which the residence is purchased. ``(f) Recapture of Credit for Certain Dispositions.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), if the taxpayer disposes of property with respect to the purchase of which a credit was allowed under subsection (a) and such disposition occurs at any time within 36 months after the date the taxpayer acquired the property as his principal residence, then the tax imposed under this chapter for the taxable year in which the disposition occurs is increased by an amount equal to the amount allowed as a credit for the purchase of such property. ``(2) Acquisition of new residence.--If, in connection with a disposition described in paragraph (1) and within the applicable period prescribed in section 1034, the taxpayer purchases a new principal residence, then paragraph (1) shall not apply and the tax imposed by this chapter for the taxable year in which the new principal residence is purchased is increased to the extent the amount of the credit that could be claimed under this section on the purchase of the new residence (were such residence the first residence purchased during the eligibility period) is less than the amount of credit claimed by the taxpayer under this section. ``(3) Death of owner; casualty loss; involuntary conversion; etc.--Paragraph (1) shall not apply to-- ``(A) a disposition of a residence made on account of the death of any individual having a legal or equitable interest therein occurring during the 36- month period referred to in paragraph (1), ``(B) a disposition of the old residence if it is substantially or completely destroyed by a casualty described in section 165(c)(3) or compulsorily or involuntarily converted (within the meaning of section 1033(a)), or ``(C) a disposition pursuant to a settlement in a divorce or legal separation proceeding where the residence is sold or the other spouse retains the residence as a principal residence.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Purchase of principal residence by first-time homebuyer.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Requires such residence to be purchased during the one-year period after the date of enactment of this Act. Limits the credit to $2,500.

To amend the Internal Revenue Code of 1986 to allow a credit for the purchase of principal residence by a first-time homebuyer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Communities Assistance Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) small communities are concerned about improving the environmental quality of their surroundings; (2) many small communities are uncertain of the specific requirements of environmental regulations; (3) the involvement of small communities in the development of Federal environmental regulations often occurs late, if at all, in the rulemaking process; (4) small communities are often underrepresented in processes used to review regulations proposed by the Environmental Protection Agency; (5) the limited scientific, technical, and professional capacity of many small communities makes understanding regulatory requirements very difficult; (6) specific provisions in certain environmental laws pose compliance problems for small communities; and (7) the Small Town Environmental Planning Task Force, established by section 109 of the Federal Facility Compliance Act of 1992 (42 U.S.C. 6908) to examine the relationship between the Environmental Protection Agency and small communities, recommends additional efforts to improve the services offered by the Environmental Protection Agency to small communities. SEC. 3. PURPOSE. The purpose of this Act is to foster a healthy environment in which people in small communities may enjoy a sustainable and continually improving quality of life. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advisory committee.--The term ``advisory committee'' means the small community advisory committee established under section 5. (3) Agency.--The term ``Agency'' means the Environmental Protection Agency. (4) Small community.--The term ``small community'' means any county, parish, borough, or incorporated or unincorporated municipality, that has a population of fewer than 7,500 persons. SEC. 5. SMALL COMMUNITY ADVISORY COMMITTEE. (a) Establishment.--The Administrator shall establish a small community advisory committee or reconstitute an existing small community advisory committee. (b) Membership.--The advisory committee shall be composed of representatives of-- (1) small communities and unincorporated areas of the United States, including at least 1 small community member from each of the 10 Agency regions; (2) Federal and State governmental agencies; and (3) public interest groups. (c) Duties.--The advisory committee shall-- (1) identify means to improve the working relationship between the Agency and small communities; (2) serve as a mechanism for involving small communities as early as practicable in the process of developing environmental regulations, guidance, and policies; (3) provide periodic reports to Congress on the Agency's success in meeting the needs of small communities; and (4) provide such other assistance to the Administrator as the Administrator considers appropriate. SEC. 6. REGULATORY REVIEW PLAN. The Administrator shall develop and implement a plan to increase the involvement of small communities in the regulatory review processes conducted under chapter 6 of title 5, United States Code (commonly known as the ``Regulatory Flexibility Act of 1980''), the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104- 121; 5 U.S.C. 601 note), and title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 et seq.). SEC. 7. REGIONAL OUTREACH TO SMALL COMMUNITIES. (a) Small Town Ombudsman Office.-- (1) Establishment.--To complement work on small communities at Agency headquarters, each regional office of the Agency shall establish and staff a Small Town Ombudsman Office. (2) Duties.--The primary responsibility of each regional Small Town Ombudsman Office shall be to serve as-- (A) an advocate for small communities; and (B) a facilitator for addressing small community concerns and programs. (3) Resources.--Using funds that are otherwise available to the Agency, the Administrator shall provide the regional Small Town Ombudsman Offices with such human and capital resources as are sufficient for the offices to carry out their functions in a timely and efficient manner. (b) Consultation Process.--Each regional Small Town Ombudsman Office shall establish a regular, on-going consultation process with small communities in the region, such as by use of a focus group, stake holder network, or advisory board, to-- (1) serve as a mechanism for involving small communities in the process of implementing, creating, and informing the public about environmental regulations, guidance, and policies; and (2) provide such other assistance as the regional office considers appropriate. SEC. 8. SURVEY OF SMALL COMMUNITIES. (a) In General.--Every 5 years, each regional Small Town Ombudsman Office shall-- (1) conduct a survey of small communities; and (2) publish the results of the survey. (b) Purpose.--The purpose of the survey shall be to provide information to the Agency and others for use in regulatory planning, development, and outreach. (c) Information.--The survey shall collect information on-- (1) information sources used by small communities to learn of and implement environmental regulations; (2) the presence of facilities and activities affecting environmental quality in small communities; (3) the financial instruments used by small communities to fund the costs of environmentally related services; (4) persons in small communities that may be contacted for information on environmental compliance; (5) specific topic areas of regulation particularly relevant to small communities; (6) innovative examples of how small communities have complied with national, State, and local environmental regulations in order to protect environmental and public health; and (7) any other topic that the Administrator considers appropriate. SEC. 9. GUIDE FOR SMALL COMMUNITIES. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Administrator shall produce and distribute to small communities a guide to Federal environmental requirements for small communities. (b) Contents.--The guide shall-- (1) describe all mandated environmental requirements applicable to small communities; and (2) provide Federal, regional, and State contacts for all such environmental requirements. (c) Updating.--Not less frequently than annually, the Administrator shall-- (1) review and update any parts of the guide that pertain to requirements that have changed; and (2) distribute guide amendments to small communities. SEC. 10. FEEDBACK PLAN. The Administrator shall develop and implement a plan for periodically obtaining feedback from small communities on the effectiveness of the Agency in-- (1) involving small communities in regulatory development and implementation; and (2) reaching out to small communities to provide educational and other assistance. SEC. 11. NO IMPOSITION OF COSTS ON SMALL COMMUNITIES. The Administrator shall not impose on any small community any cost incurred in carrying out this Act. SEC. 12. REPORT. Not later than the date that is 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the regulatory review plan developed under section 6, the feedback plan developed under section 10, and other activities conducted in carrying out this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $5,000,000.

Small Communities Assistance Act of 2001 - Requires the Administrator of the Environmental Protection Agency (EPA) to establish a small community advisory committee or reconstitute an existing small community advisory committee.Directs the Administrator to develop and implement a plan to increase the involvement of small communities in the regulatory review processes conducted under the Regulatory Flexibility Act of 1980, the Small Business Regulatory Enforcement Fairness Act of 1996, and title II of the Unfunded Mandates Reform Act of 1995.Directs each EPA regional office to establish a Small Town Ombudsman Office.Requires the Administrator to distribute to small communities a guide to Federal environmental requirements for small communities.

To enhance the services provided by the Environmental Protection Agency to small communities that are attempting to comply with national, State, and local environmental regulations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Childhood Cancer Survivors' Quality of Life Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) An estimated 13,500 children and adolescents under age 20 are diagnosed with cancer each year. (2) In 1960, only 4 percent of children with cancer survived more than 5 years, but today, cure rates have increased to over 80 percent for children and adolescents under age 20. (3) The population of survivors of childhood cancers has grown dramatically, to over 360,000 individuals of all ages as of 2012. (4) As many as two-thirds of childhood cancer survivors are likely to experience at least one late effect of treatment, with as many as one-fourth experiencing a late effect that is serious or life-threatening. The most common late effects of childhood cancer are neurocognitive, psychological, cardiopulmonary, endocrine, and musculoskeletal effects and secondary malignancies. (5) As a result of disparities in the delivery of cancer care, minority, low-income, and other medically underserved children are more likely to be diagnosed with late stage disease, experience poorer treatment outcomes, have shorter survival time with less quality of life, and experience a substantially greater likelihood of cancer death. (6) The late effects of cancer treatment may change as therapies evolve, which means that the monitoring and care of cancer survivors may need to be modified on a routine basis. (7) Despite the intense stress caused by childhood cancer, there is a lack of standardized and coordinated psychosocial care for the children and their families, from the date of diagnosis through treatment and survivorship. (8) The Institute of Medicine, in its report on cancer survivorship entitled ``Childhood Cancer Survivorship: Improving Care and Quality of Life'', states that an organized system of care and a method of care for pediatric cancer survivors is needed. (9) Focused and well-designed research and pilot health delivery programs can answer questions about the optimal ways to provide health care, follow-up monitoring services, and survivorship care to those diagnosed with childhood cancer and contribute to improvements in the quality of care and quality of life of those individuals. SEC. 3. CANCER SURVIVORSHIP PROGRAMS. (a) Cancer Survivorship Programs.--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 the following: ``SEC. 417G. PILOT PROGRAMS TO EXPLORE MODEL SYSTEMS OF CARE FOR PEDIATRIC CANCER SURVIVORS. ``(a) In General.--The Secretary shall make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. ``(b) Eligible Entities.--In this section, the term `eligible entity' means-- ``(1) a medical school; ``(2) a children's hospital; ``(3) a cancer center; or ``(4) any other entity with significant experience and expertise in treating survivors of childhood cancers. ``(c) Use of Funds.--The Secretary may make a grant under this section to an eligible entity only if the entity agrees-- ``(1) to use the grant to establish a pilot program to develop, study, or evaluate one or more model systems for monitoring and caring for cancer survivors; and ``(2) in developing, studying, and evaluating such systems, to give special emphasis to the following: ``(A) Design of protocols for different models of follow-up care, monitoring, and other survivorship programs (including peer support and mentoring programs). ``(B) Development of various models for providing multidisciplinary care. ``(C) Dissemination of information and the provision of training to health care providers about how to provide linguistically and culturally competent follow-up care and monitoring to cancer survivors and their families. ``(D) Development of support programs to improve the quality of life of cancer survivors. ``(E) Design of systems for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers (including risk factors and a plan for recommended follow-up care). ``(F) Dissemination of the information and programs described in subparagraphs (A) through (E) to other health care providers (including primary care physicians and internists) and to cancer survivors and their families, where appropriate. ``(G) Development of initiatives that promote the coordination and effective transition of care between cancer care providers, primary care physicians, and mental health professionals. ``(d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $15,000,000 for each of fiscal years 2015 through 2019. ``SEC. 417G-1. WORKFORCE DEVELOPMENT COLLABORATIVE ON MEDICAL AND PSYCHOSOCIAL CARE FOR CHILDHOOD CANCER SURVIVORS. ``(a) In General.--The Secretary shall, not later than 1 year after the date of enactment of this Act, convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer Survivors (referred to in this paragraph as the `Collaborative'). The Collaborative shall be a cross-specialty, multidisciplinary group composed of educators, consumer and family advocates, and providers of psychosocial and biomedical health services. ``(b) Goals and Reports.--The Collaborative shall submit to the Secretary a report establishing a plan to meet the following objectives for medical and psychosocial care workforce development: ``(1) Identifying, refining, and broadly disseminating to health care educators information about workforce competencies, models, and preservices curricula relevant to providing medical and psychosocial services to persons with pediatric cancers. ``(2) Adapting curricula for continuing education of the existing workforce using efficient workplace-based learning approaches. ``(3) Developing the skills of faculty and other trainers in teaching psychosocial health care using evidence-based teaching strategies. ``(4) Strengthening the emphasis on psychosocial health care in educational accreditation standards and professional licensing and certification exams by recommending revisions to the relevant oversight organizations. ``(5) Evaluating the effectiveness of patient navigators in pediatric cancer survivorship care. ``(6) Evaluating the effectiveness of peer support programs in the psychosocial care of pediatric cancer patients and survivors. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2015 through 2019.''. (b) Technical Amendment.-- (1) In general.--Section 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107- 172; 116 Stat. 541) is amended by striking ``section 419C'' and inserting ``section 417C''. (2) Effective date.--The amendment made by paragraph (1) shall take effect as if included in section 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107-172; 116 Stat. 541). SEC. 4. GRANTS TO IMPROVE CARE FOR PEDIATRIC CANCER SURVIVORS. Section 417E of the Public Health Service Act (42 U.S.C. 285a-11) is amended-- (1) in the heading, by striking ``research and awareness'' and inserting ``research, awareness, and survivorship''; (2) in subsection (a)-- (A) by redesignating paragraph (2) as paragraph (4); and (B) by inserting after paragraph (1) the following: ``(2) Research on causes of health disparities in pediatric cancer survivorship.-- ``(A) Grants.--The Director of NIH, acting through the Director of the Institute, in coordination with ongoing research activities, shall make grants to entities to conduct research relating to-- ``(i) needs and outcomes of pediatric cancer survivors within minority or other medically underserved populations; ``(ii) health disparities in pediatric cancer survivorship outcomes within minority or other medically underserved populations; ``(iii) barriers that pediatric cancer survivors within minority or other medically underserved populations face in receiving follow-up care; and ``(iv) familial, socioeconomic, and other environmental factors and the impact of such factors on treatment outcomes and survivorship. ``(B) Balanced approach.--In making grants for research under subparagraph (A)(i) on pediatric cancer survivors within minority or other medically underserved populations, the Director of NIH shall ensure that such research addresses both the physical and the psychological needs of such survivors. ``(3) Research on late effects and follow-up care for pediatric cancer survivors.--The Director of NIH, in coordination with ongoing research activities, shall conduct or support research on follow-up care for pediatric cancer survivors, with special emphasis given to-- ``(A) the development of indicators used for long- term patient tracking and analysis of the late effects of cancer treatment for pediatric cancer survivors; ``(B) the identification of risk factors associated with the late effects of cancer treatment; ``(C) the identification of predictors of neurocognitive and psychosocial outcomes; ``(D) initiatives to protect cancer survivors from the late effects of cancer treatment; ``(E) transitions in care for pediatric cancer survivors; ``(F) training of professionals to provide linguistically and culturally competent follow-up care to pediatric cancer survivors; and ``(G) different models of follow-up care.''; and (3) in subsection (d)-- (A) by striking ``this section and'' and inserting ``subsection (a)(1), subsection (b), and''; (B) by striking ``2013'' and inserting ``2019''; and (C) by inserting after the second sentence the following: ``For purposes of carrying out subsections (a)(2) and (a)(3), there is authorized to be appropriated $10,000,000 for each of fiscal years 2015 through 2019.''. SEC. 5. COMPREHENSIVE LONG-TERM FOLLOW-UP SERVICES FOR PEDIATRIC CANCER SURVIVORS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. CLINICS FOR COMPREHENSIVE LONG-TERM FOLLOW-UP SERVICES FOR PEDIATRIC CANCER SURVIVORS. ``(a) In General.--The Secretary shall make grants to eligible entities to establish and operate a clinic for comprehensive long-term follow-up services for pediatric cancer survivors. ``(b) Eligible Entities.--In this section, the term `eligible entity' means-- ``(1) a school of medicine; ``(2) a children's hospital; ``(3) a cancer center; or ``(4) any other entity determined by the Secretary to have significant experience and expertise in-- ``(A) treating pediatric, adolescent, and young adult cancers; or ``(B) integrating medical and psychosocial services for pediatric, adolescent, and young adult cancer survivors and their families. ``(c) Use of Funds.--The Secretary may make a grant under this section to an eligible entity only if the entity agrees to use the grant to pay costs incurred during the first 4 years of establishing and operating a clinic for comprehensive, long-term, follow-up services for pediatric cancer survivors, which may include the costs of-- ``(1) providing medical and psychosocial follow-up services, including coordination with the patient's primary care provider and oncologist in order to ensure that the medical needs of survivors are addressed, and providing linguistically and culturally competent information to survivors and families with appropriate outreach to medically underserved populations; ``(2) the construction, expansion, and modernization of facilities; ``(3) acquiring and leasing facilities and equipment (including paying the costs of amortizing the principal of, and paying the interest on, loans for such facilities and equipment) to support or further the operation of the grantee; and ``(4) the construction and structural modification (including equipment acquisition) of facilities to permit the integrated delivery of ongoing medical and psychosocial care to pediatric cancer survivors and their families at a single service site. ``(d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2015 through 2019.''.

Childhood Cancer Survivors' Quality of Life Act of 2013 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. Requires the Secretary to convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer to establish a plan to meet specified objectives relating to medical and psychosocial care workforce development, including: (1) disseminating to health care educators information relevant to providing medical and psychosocial services to persons with pediatric cancers, (2) adapting curricula for continuing education of the existing workforce, and (3) strengthening the emphasis on psychosocial health care in educational accreditation standards and professional licensing and certification. Reauthorizes and expands the National Cancer Institute's pediatric cancer research and awareness program to include research on: (1) pediatric cancer survivors within minority or other medically underserved populations, (2) health disparities in pediatric cancer survivorship outcomes, and (3) follow-up care for pediatric cancer survivors. Requires the Secretary to make grants to eligible entities to establish and operate a clinic for comprehensive long-term follow-up services for pediatric cancer survivors.

Childhood Cancer Survivors' Quality of Life Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Infrastructure Grants and Economic Reinvestment Act''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State; (B) an Indian tribe; (C) the District of Columbia; (D) a territory of the United States; (E) a local government; (F) a port authority; (G) a metropolitan planning organization; (H) a transit agency; (I) another political subdivision of a State or local government; and (J) 2 or more of the entities described in subparagraphs (A) through (I), working in collaboration. (2) Eligible project.-- (A) In general.--The term ``eligible project'' means a transportation project that, as determined by the Secretary, would have a significant beneficial impact on a State, a metropolitan area, a region, or the United States. (B) Inclusions.--The term ``eligible project'' includes-- (i) a highway or bridge project eligible for funding under chapter 1 of title 23, United States Code (including a project related to bicycles or pedestrians); (ii) a public transportation project eligible for funding under chapter 53 of title 49, United States Code; (iii) a passenger or freight rail transportation project; (iv) a port infrastructure project; and (v) an intermodal project. (3) Eligible project costs.-- (A) In general.--The term ``eligible project costs'' means costs relating to an eligible project, such as the costs of-- (i) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (ii) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land related to the eligible project and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment; and (iii) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction. (B) Dredging activities.--The term ``eligible project costs''-- (i) includes the costs of dredging activities that are part of a berth reconstruction or rehabilitation project; and (ii) does not include the costs of dredging activities that are the responsibility of the Army Corps of Engineers. (4) Rural area.--The term ``rural area'' means any area not in an urbanized area (as that term is defined by the Census Bureau). (5) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (6) State.--The term ``State'' means-- (A) any of the 50 States; or (B) the District of Columbia. (7) Substantial completion.--The term ``substantial completion'' means the opening of an eligible project to vehicular or passenger traffic. SEC. 3. NATIONAL INFRASTRUCTURE INVESTMENT PROGRAM. (a) Program.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall by regulation establish a program under which the Secretary shall provide competitive grants to eligible entities for use in carrying out eligible projects. (b) Grant Requirements.-- (1) Amount.--Except as provided in paragraph (5)(B)(i), a grant under this Act shall be in an amount that is not less than $10,000,000 and not greater than $200,000,000. (2) Geographical distribution; balance; investment.--In providing grants under this Act, the Secretary shall take such measures as are necessary to ensure, to the maximum extent practicable-- (A) an equitable geographical distribution of funds; (B) an appropriate balance in addressing the needs of urban and rural areas; and (C) investment in a variety of transportation modes. (3) Maximum percentage per state.--Not more than 25 percent of the amounts made available to provide grants under this Act for a fiscal year may be provided for eligible projects in a State. (4) Federal share.-- (A) In general.--Except as provided in paragraph (5)(B)(ii), the Federal share of the cost of carrying out any eligible project funded by a grant under this Act shall be, at the option of the eligible entity receiving the grant, up to 80 percent. (B) Priority.--In providing grants under this Act, the Secretary shall give priority to eligible projects that require a contribution of Federal funds in order to complete an overall financing package for the eligible projects. (5) Eligible projects in rural areas.-- (A) In general.--Not less than 20 percent of the amounts made available to provide grants under this Act for a fiscal year shall be provided for eligible projects located in rural areas. (B) Minimum grant amount; federal share.--With respect to an eligible project located in a rural area-- (i) the minimum amount of a grant under this Act shall be $1,000,000; and (ii) the Secretary may increase the Federal share of the cost of carrying out the eligible project up to 100 percent. (6) Set-asides for certain costs, projects, and transfers.--Of the amounts made available under this Act for a fiscal year, the Secretary may-- (A) use an amount not to exceed $20,000,000 for grants that pay for the planning, preparation, or design of eligible projects; and (B) use an amount not to exceed $20,000,000 to fund the provision and oversight of grants under this Act, including transfers of funds from that amount to the Administrators of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, and the Maritime Administration to fund the provision and oversight of grants under this Act for eligible projects under the administrative jurisdiction of those agencies. (c) Selection Among Eligible Projects.-- (1) Establishment.--The Secretary shall establish criteria for use in selecting among eligible projects to receive funding under this Act. (2) Selection criteria.-- (A) Primary selection criteria.--The Secretary shall select among eligible projects by evaluating the extent to which an eligible project provides significant benefits to a State, a metropolitan area, a region, or the United States, including the extent to which an eligible project-- (i) improves the safety of transportation facilities and systems; (ii) improves the condition of existing transportation facilities and systems; (iii) contributes to economic competitiveness over the medium- to long-term; (iv) improves the environment, improves energy efficiency, reduces dependence on oil, or reduces greenhouse gas emissions; and (v) improves access to transportation facilities and systems. (B) Secondary selection criteria.--In addition to considering the primary selection criteria described in subparagraph (A), the Secretary shall consider the extent to which a project-- (i) uses innovative strategies or technologies to pursue any of those primary selection criteria; and (ii) demonstrates strong collaboration among a broad range of participants, or the integration of transportation with other public service efforts. (d) Application Requirement.--The Secretary shall require an analysis of project benefits and costs in each application for a construction grant under this Act. (e) Federal Requirements.--The following provisions of law shall apply to funds made available under this Act and eligible projects carried out using those funds: (1) Subchapter IV of chapter 31 of title 40, United States Code. (2) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (3) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (4) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). (f) Transparency.-- (1) In general.--The Secretary shall include in any notice of funding availability a full description of how applications will be evaluated against all selection criteria. (2) Consultations on decisions.--After provision of grants and credit assistance under this Act for a fiscal year, the Secretary (or a designee) shall be available to meet with any applicant, at a time and place that is mutually acceptable to the Secretary and the applicant, to review the application of the applicant. SEC. 4. TIFIA SUBSIDY AND ADMINISTRATIVE COSTS. The Secretary may use up to 20 percent of the amounts appropriated pursuant to the authorization under section 6 to pay the subsidy and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary determines that such use of funds would advance the purposes of this Act. SEC. 5. STATE AND LOCAL PERMITS. Financial assistance under this Act with respect to an eligible project shall not-- (1) relieve any recipient of the assistance of any obligation to obtain any required State or local permit or approval with respect to the eligible project; (2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the eligible project; or (3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the eligible project. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2016 through 2021. (b) Availability.--Amounts appropriated for a fiscal year pursuant to this section shall be available for obligation during the 3-year period beginning on the first day of such fiscal year.

Transportation Infrastructure Grants and Economic Reinvestment Act The bill directs the Department of Transportation (DOT) to establish a program under which DOT shall provide competitive grants of between $10 million and $200 million to the District of Columbia, to a state, Indian tribe, U.S. territory, local government, port authority, metropolitan planning organization, transit agency, or another political subdivision of a state or local government, or to two or more of such entities working in collaboration, for eligible transportation projects (including highway or bridge, public transportation, passenger or freight rail transportation, and port infrastructure or intermodal projects) that would have a significant beneficial impact on a state, metropolitan area, or region or the United States. DOT, in providing such grants, must: (1) ensure an equitable geographical distribution of funds, an appropriate balance in addressing the needs of urban and rural areas, and investment in a variety of transportation modes; and (2) give priority to eligible projects that require a contribution of federal funds to complete an overall financing package. The bill sets forth primary and secondary criteria for selecting eligible projects. The bill: (1) limits to 25% the amount of grant funds that may be provided to any state, (2) requires at least 20% of grant funds to be provided for eligible projects located in rural areas, and (3) allows up to 20% of the funds authorized to carry out this Act to be used to pay the subsidy and administrative costs of projects eligible for federal credit assistance under the Transportation Infrastructure Finance and Innovation Act upon determining that such use of funds would advance the purposes of this Act.

Transportation Infrastructure Grants and Economic Reinvestment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Life Patenting Moratorium Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) The rapid advances in biotechnology and biomedical research capabilities are creating a wide range of ethical, legal, economic, environmental, international and social issues, including concerns about the patenting of life forms, eugenics, genetic discrimination, conflicts of interest for biomedical researchers, and genetic privacy considerations in insurance and employment. (2) Prominent members of the scientific community are discussing the possibility of the permanent alteration of the genetic code of human beings (referred to as ``germ-line research''), yet Congress has not yet addressed the ethical, legal, economic, environmental, evolutionary, international and social implications of such experimentation. (3) The National Institutes of Health has already proposed patenting over 2,000 human gene sequences, an issue which raises unique and unprecedented ethical, legal, economic and social questions. (4) Prior to the Patent and Trademark Office policy of patenting animals, established on April 7, 1987, no animal had ever been patented under the patent laws of the United States. (5) Over 150 animal patents are presently pending and three more were granted by the Patent and Trademark Office of the Department of Commerce in December of 1992, in spite of the undetermined ethical implications of such patents. (6) Congress may act to significantly restrict or alter the Patent and Trademark Office policy of patenting animals and human genes. (7) The Office of Technology Assessment will complete a comprehensive review of these issues, and the Congress is prepared to schedule hearings and debate on this issue in the spring of 1993. SEC. 3. RESTRICTION ON THE ISSUANCE OF PATENTS. (a) In General.--Chapter 10 of part II of title 35, United States Code, is amended by adding at the end thereof the following new section: ``Sec. 106. Prohibition on Patentability of Certain Biomedical Inventions or Processes ``(a) In General.--No human being, human organ, organ subpart (genetically engineered or otherwise) or genetically engineered animal shall be considered patentable subject matter under this title. ``(b) Suspension.--Except as otherwise provided in section, during the 2-year period beginning on the date of enactment of this section, no-- ``(1) human tissue, fluid, cell, gene or gene sequence (genetically engineered or otherwise); or ``(2) animal or animal organism (genetically engineered or otherwise); shall be considered patentable subject matter under this title. The prohibition under this section may continue after such 2-year period pursuant to section 381(f) of the Public Health Service Act. ``(c) Exception.--Subsection (b) shall not apply to patents issued prior to the date of enactment of this section. ``(d) Patent Status of Others.--Notwithstanding any other provision of law, with respect to those individuals who have applied or will apply for a patent to which this section applies, this section shall not be construed to detrimentally affect the rights of such individuals, but rather to maintain such rights until the expiration of the 2-year period described in subsection (b). ``(e) Definitions.--As used in this section, the term `genetically engineered' means the formation of new combinations of genetic material by the insertion of nucleic acid molecules into the host organism's somatic or germ-line cells so as to allow the incorporation of the new genetic material into the genetic material of the host organism.''. (b) Conforming Amendment.--The table of sections for chapter 10 of part II of title 35, United States Code, is amended by adding at the end thereof the following: ``106. Prohibition on patentability of certain biomedical inventions or processes.''. SEC. 4. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) mindful of the dangers inherent in the uncontrolled patenting and proliferation of genetic material, including problems in the areas of patenting of life, eugenics, genetic discrimination, unexpected and reproducible mutations, conflicts of interest for biomedical researchers, and genetic privacy considerations in insurance and employment, but aware of the urgent need of humanity to reap the benefits of responsibly-conducted research and innovation, legislation addressing the implications of genetic research should be thoroughly studied, considered, debated and passed by the Congress as soon as reasonably possible; and (2) the Department of Commerce, the National Institutes of Health and the Department of State should work with the international community to develop international standards relating to the patenting of genetic information and access to such information.

Life Patenting Moratorium Act of 1993 - Amends Federal patent law to prohibit human beings, organs, or organ subparts or genetically engineered animals from being considered patentable subject matter. Imposes a two-year moratorium on the patentability of human tissues, fluids, cells, genes or gene sequences, or animals or animal organisms (genetically engineered or otherwise). Authorizes the continuation of such moratorium after such time pursuant to the Public Health Service Act. Expresses the sense of the Congress that: (1) legislation addressing the implications of genetic research should be thoroughly studied and passed by the Congress as soon as possible; and (2) the Departments of Commerce and State and the National Institutes of Health should work with the international community to develop international standards relating to the patenting of, and access to, genetic information.

Life Patenting Moratorium Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Imported Fire Ant Control, Management, and Eradication Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) imported fire ants infest at least 13 southern and southeastern States and over 275,000,000 acres; (2) the annual fire ant impact on Texas alone is estimated at $300,000,000, including-- (A) an annual fire ant impact on the cattle industry in Texas of an estimated $67,000,000; (B) fire ant infestation of approximately 56,000,000 acres, or \2/3\, of Texas; and (C) an annual expenditure, in the 5 major metropolitan areas of Texas, of an estimated $93,000,000 on treatment, medical costs, and repairs from fire ant infestation; (3) the annual fire ant impact on Georgia is estimated at $46,000,000, including an annual fire ant impact on households in Georgia of an estimated $12,000,000; (4)(A) row crop farmers in southern Arkansas experience average annual losses in excess of $1,100 due to fire ants; (B) catfish farmers in Arkansas experience average annual losses of approximately $20,000 due to fire ants; (C) the annual fire ant impact on homeowners in Arkansas is estimated at $106,000,000; and (D) the annual fire ant impact on paper mills in Arkansas is estimated at $3,000,000; (5) 25 counties in North Carolina are infested with fire ants; (6) the annual fire ant impact on Tennessee is estimated at $1,330,000; (7) the annual fire ant impact on Mississippi is estimated at $12,326,000, including an annual fire ant impact on the cattle industry in Mississippi of an estimated $9,217,000; (8) the annual fire ant impact on Alabama is estimated at $16,000,000; (9) the annual fire ant impact on Louisiana is estimated at $23,818,250, including an annual fire ant impact on the feed grain industry of $790,000; and (10) demonstration of fire ant control methodology may provide property owners with timely information, helpful in reducing costs associated with fire ant damage. SEC. 3. BOARD AND GRANTS FOR RESEARCH ON IMPORTED FIRE ANT CONTROL, MANAGEMENT, AND ERADICATION. Subtitle C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1419A (7 U.S.C. 3155) the following: ``SEC. 1419B. BOARD AND GRANTS FOR RESEARCH ON IMPORTED FIRE ANT CONTROL, MANAGEMENT, AND ERADICATION. ``(a) National Advisory and Implementation Board on Imported Fire Ant Control, Management, and Eradication.-- ``(1) Establishment.--The Secretary shall establish a National Advisory and Implementation Board on Imported Fire Ant Control, Management, and Eradication. ``(2) Membership.--The Board shall consist of 12 members who are experts on entomology, ant ecology, wildlife biology, electrical engineering, economics, and agribusiness and who are appointed by the Secretary from academia, research institutes, and the private sector. ``(3) Compensation.-- ``(A) In general.--A member of the Board shall not receive any compensation by reason of service on the Board. ``(B) Expenses.--A member of the Board shall be reimbursed for travel, subsistence, and other necessary expenses incurred by the member in the performance of a duty of the member. ``(4) Termination.--The Board shall terminate 60 days after the date on which the national plan is submitted to the Secretary under subsection (d)(2). ``(b) Initial Grants.-- ``(1) Request for proposals.--The Board shall publish a request for proposals to colleges, universities, research institutes, Federal laboratories, and private entities for grants for research or demonstration projects related to the control, management, and possible eradication of imported fire ants. ``(2) Selection.--Not later than 1 year after the date of publication of the request for proposals, the Board shall evaluate and select not less than 4, nor more than 13, research or demonstration projects related to the control, management, and possible eradication of imported fire ants. ``(3) Grants.--The Secretary shall award a total of $6,000,000 in grants to colleges, universities, research institutes, Federal laboratories, or private entities selected under paragraph (2), for a term of not to exceed 5 years, for the purpose of conducting research or demonstration projects related to the control, management, and possible eradication of imported fire ants. Each project shall be completed not later than the end of the term of the grant. ``(c) Subsequent Grants.-- ``(1) Evaluation; selection.--The Board shall-- ``(A) evaluate all of the research or demonstration projects conducted under subsection (b)(3) for their use as the basis of a national plan for the control, management, and possible eradication of imported fire ants by the Federal government, State and local governments, and owners and operators of land; and ``(B) on the basis of the evaluation, select 2 of the 13 grant projects for additional research or demonstration related to the control, management, and possible eradication of imported fire ants and notify the Secretary of the selection. ``(2) Grants.--The Secretary shall award a grant of $4,000,000 to each of the 2 colleges, universities, research institutes, Federal laboratories, or private entities selected under paragraph (1)(B) for the purpose of conducting research or demonstration projects for the preparation of a national plan for the control, management, and possible eradication of imported fire ants. Each project shall be completed not later than 2 years after the grant is made. ``(d) National Plan.-- ``(1) Evaluation; selection.--The Board shall-- ``(A) evaluate all of the research or demonstration projects conducted under subsection (c)(2) for their use as the basis of a national plan for the control, management, and possible eradication of imported fire ants by the Federal government, State and local governments, and owners and operators of land; and ``(B) on the basis of the evaluation, select 1 of the 2 grant projects, or a combination of both grant projects, as the basis for the plan and notify the Secretary of the decision. ``(2) Grant.--The Secretary shall award a grant of up to $5,000,000 to the sponsor or sponsors of the grant project selected under paragraph (1)(B) for the purpose of the final preparation of the national plan for the control, management, and possible eradication of imported fire ants that is based on the project. The national plan shall be completed, and submitted to the Secretary, not later than 1 year after the grant is made. ``(3) Report to congress.--Not later than 60 days after the plan is submitted to the Secretary under paragraph (2), the Secretary shall submit to Congress the national plan for the control, management, and possible eradication of imported fire ants.''.

Imported Fire Ant Control, Management, and Eradication Act of 1997 - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture to establish a National Advisory and Implementation Board on Imported Fire Ant Control, Management, and Eradication. Directs the Board to select and fund specified research or demonstration projects, including a final national plan for fire ant control, management, and possible eradication.

Imported Fire Ant Control, Management, and Eradication Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Expedited Screening Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Aviation and Transportation Security Act (Public Law 107-71) authorized the Transportation Security Administration to ``establish requirements to implement trusted passenger programs and use available technologies to expedite the security screening of passengers who participate in such programs, thereby allowing security screening personnel to focus on those passengers who should be subject to more extensive screening.''. (2) In October 2011, the Transportation Security Administration began piloting the PreCheck program in which a limited number of passengers who were participants in the frequent flyer programs of domestic air carriers were directed to special screening lanes for expedited security screening. (3) In December 2013, the Transportation Security Administration opened the PreCheck program to eligible passengers who submit biographic and biometric information for a security risk assessment. (4) Today, expedited security screening is provided to passengers who, in general, are members of populations identified by the Administrator of the Transportation Security Administration as presenting a low risk to aviation security, including members of populations known and vetted by the Administrator or through another Department of Homeland Security trusted traveler program, and to passengers who are selected by expedited screening on a case-by-case basis through the Transportation Security Administration's Managed Inclusion process and other procedures. (5) According to the Transportation Security Administration, the Managed Inclusion process ``combines the use of multiple layers of security to indirectly conduct a real-time assessment of passengers'' through the use of Passenger Screening Canine teams, Behavior Detection Officers, Explosives Trace Detection (ETD) machines, and other activities. (6) In December 2014, the Comptroller General of the United States concluded in a report entitled ``Rapid Growth in Expedited Passenger Screening Highlights Need to Plan Effective Security Assessments'' that ``it will be important for TSA to evaluate the security effectiveness of the Managed Inclusion process as a whole, to ensure that it is functioning as intended and that passengers are being screened at a level commensurate with their risk''. (7) On March 16, 2015, the Inspector General of the Department of Homeland Security released a report entitled ``Allegation of Granting Expedited Screening through TSA PreCheck Improperly'', in which the Inspector General determined that the Transportation Security Administration granted expedited security screening at a PreCheck security lane to a passenger who had served time in prison for felonies committed as a member of a domestic terrorist group and who was not a participant in the PreCheck program. SEC. 3. LIMITATION; PRECHECK OPERATIONS MAINTAINED; ALTERNATE METHODS. (a) In General.--Except as provided in subsection (d), not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall direct that access to expedited airport security screening at an airport security checkpoint be limited to only the following: (1) A passenger who voluntarily submits biographic and biometric information for a security risk assessment and whose application for the PreCheck program has been approved, or a passenger who is a participant in another trusted or registered traveler program of the Department of Homeland Security. (2) A passenger traveling pursuant to section 44903 of title 49, United States Code (as established under the Risk- Based Security for Members of the Armed Forces Act (Public Law 112-86)), section 44927 of such title (as established under the Helping Heroes Fly Act (Public Law 113-27)), or section 44928 of such title (as established under the Honor Flight Act (Public Law 113-221)). (3) A passenger who did not voluntarily submit biographic and biometric information for a security risk assessment but is a member of a population designated by the Administrator of the Transportation Security Administration as known and low-risk and who may be issued a unique, known traveler number by the Administrator determining that such passenger is a member of a category of travelers designated by the Administrator as known and low-risk. (b) PreCheck Operations Maintained.--In carrying out subsection (a), the Administrator of the Transportation Security Administration shall ensure that expedited airport security screening remains available to passengers at or above the level that exists on the day before the date of the enactment of this Act. (c) Minors and Seniors.--The Administrator of the Transportation Security Administration may provide access to expedited airport security screening at an airport security checkpoint to a passenger who is-- (1) 75 years old or older; or (2) 12 years old or under and who is traveling with a parent or guardian who is a participant in the PreCheck program. (d) Frequent Fliers.--If the Administrator of the Transportation Security Administration determines that such is appropriate, the date specified in subsection (a) may be extended by up to 1 year to implement such subsection with respect to the population of passengers who did not voluntarily submit biographic and biometric information for security risk assessments but who nevertheless receive expedited airport security screening because such passengers are designated as frequent fliers by air carriers. If the Administrator uses the authority provided by this subsection, the Administrator shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate of such phased-in implementation. (e) Alternate Methods.--The Administrator of the Transportation Security Administration may provide access to expedited airport security screening to additional passengers pursuant to an alternate method upon the submission to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of an independent assessment of the security effectiveness of such alternate method that is conducted by an independent entity that determines that such alternate method is designed to-- (1) reliably and effectively identify passengers who likely pose a low risk to the United States aviation system; (2) mitigate the likelihood that a passenger who may pose a security threat to the United States aviation system is selected for expedited security screening; and (3) address known and evolving security risks to the United States aviation system. (f) Information Sharing.--The Administrator of the Transportation Security Administration shall provide to the entity conducting the independent assessment under subsection (c) effectiveness testing results that are consistent with established evaluation design practices, as identified by the Comptroller General of the United States. SEC. 4. REPORTING. Not later than 3 months after the date of the enactment of this Act and annually thereafter, the Administrator of the Transportation Security Administration shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the percentage of all passengers who are provided expedited security screening, and of such passengers so provided, the percentage who are participants in the PreCheck program (who have voluntarily submitted biographic and biometric information for security risk assessments), the percentage who are participants in another trusted traveler program of the Department of Homeland Security, the percentage who are participants in the PreCheck program due to the Administrator's issuance of known traveler numbers, and for the remaining percentage of passengers granted access to expedited security screening in PreCheck security lanes, information on the percentages attributable to each alternative method utilized by the Transportation Security Administration to direct passengers to expedited airport security screening at PreCheck security lanes. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act may be construed to-- (1) authorize or direct the Administrator of the Transportation Administration to reduce or limit the availability of expedited security screening at an airport; or (2) limit the authority of the Administrator to use technologies and systems, including passenger screening canines and explosives trace detection, as a part of security screening operations. Passed the House of Representatives July 27, 2015. Attest: KAREN L. HAAS, Clerk.

Securing Expedited Screening Act (Sec. 3) The Transportation Security Administration (TSA) of the Department of Homeland Security shall, within 180 days after enactment of this Act, limit access to expedited airport security screening at airport security checkpoints to only a passenger who: voluntarily submits biographic and biometric information for a security risk assessment and has an approved PreCheck program application; is traveling as air transportation security or a member of the Armed Forces, including any accompanying family member; is a member of a population designated by the TSA as known and low-risk and who may be issued a unique, known traveler number; or is 75 years or older, or 12 years or younger and traveling with a parent or guardian participating in the PreCheck program. The TSA may extend for one year implementation of the requirement for passengers who have been designated frequent fliers. The TSA may provide access to expedited airport security screening to additional passengers through an alternate method upon submission to Congress of an independent assessment of its security effectiveness. (Sec. 4) The TSA shall report annually to Congress certain information on passengers provided expedited security screening.

Securing Expedited Screening Act

SECTION 1. DISABILITY MOBILITY ADVISORY COUNCIL. (a) Establishment.--Subject to the availability of appropriations, not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish in the National Highway Traffic Safety Administration a Disability Mobility Advisory Council (hereinafter referred to as the ``Council''). (b) Membership.--Members of the Council shall include a diverse group representative of business, academia and independent researchers, State and local authorities, safety and consumer advocates, engineers, labor organizations, environmental experts, a representative of the National Highway Traffic Safety Administration, and other members determined to be appropriate by the Secretary. The Council shall be composed of not less than 15 and not more than 30 members appointed by the Secretary. (c) Terms.--Members of the Council shall be appointed by the Secretary of Transportation and shall serve for a term of three years. (d) Vacancies.--Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the Council. (e) Duties.--The Council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to the Secretary regarding advancing mobility access for the disabled community with respect to the deployment of automated driving systems to identify impediments to their use and ensure an awareness of the needs of the disabled community as these vehicles are being designed for distribution in commerce. (f) Report to Congress.--The recommendations of the Council shall also be reported to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (g) Federal Advisory Committee Act.--The establishment and operation of the Council shall conform to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). (h) Technical Assistance.--On request of the Council, the Secretary shall provide such technical assistance to the Council as the Secretary determines to be necessary to carry out the Council's duties. (i) Detail of Federal Employees.--On the request of the Council, the Secretary may detail, with or without reimbursement, any of the personnel of the Department of Transportation to the Council to assist the Council in carrying out its duties. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (j) Payment and Expenses.--Members of the Council shall serve without pay, except travel and per diem will be paid each member for meetings called by the Secretary. (k) Termination.--The Council shall terminate 6 years after the date of enactment of this Act. (l) Definitions.-- (1) In general.--In this section-- (A) the term ``automated driving system'' means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain; (B) the term ``dynamic driving task'' means all of the real time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, and including-- (i) lateral vehicle motion control via steering; (ii) longitudinal vehicle motion control via acceleration and deceleration; (iii) monitoring the driving environment via object and event detection, recognition, classification, and response preparation; (iv) object and event response execution; (v) maneuver planning; and (vi) enhancing conspicuity via lighting, signaling, and gesturing; (C) the term ``highly automated vehicle''-- (i) means a motor vehicle equipped with an automated driving system; and (ii) does not include a commercial motor vehicle (as defined in section 31101 of title 49, United States Code); and (D) the term ``operational design domain'' means the specific conditions under which a given driving automation system or feature thereof is designed to function. (2) Revisions to certain definitions.-- (A) If SAE International (or its successor organization) revises the definition of any of the terms defined in subparagraph (A), (B), or (D) of paragraph (1) in Recommended Practice Report J3016, it shall notify the Secretary of the revision. The Secretary shall publish a notice in the Federal Register to inform the public of the new definition unless, within 90 days after receiving notice of the new definition and after opening a period for public comment on the new definition, the Secretary notifies SAE International (or its successor organization) that the Secretary has determined that the new definition does not meet the need for motor vehicle safety, or is otherwise inconsistent with the purposes of chapter 301 of title 49, United States Code. If the Secretary so notifies SAE International (or its successor organization), the existing definition in paragraph (1) shall remain in effect. (B) If the Secretary does not reject a definition revised by SAE International (or its successor organization) as described in subparagraph (A), the Secretary shall promptly make any conforming amendments to the regulations and standards of the Secretary that are necessary. The revised definition shall apply for purposes of this section. The requirements of section 553 of title 5, United States Code, shall not apply to the making of any such conforming amendments. (C) Pursuant to section 553 of title 5, United States Code, the Secretary may update any of the definitions in subparagraph (A), (B), or (D) of paragraph (1) if the Secretary determines that materially changed circumstances regarding highly automated vehicles have impacted motor vehicle safety such that the definitions need to be updated to reflect such circumstances.

This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration a Disability Mobility Advisory Council. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding advancing mobility access for the disabled community with respect to the deployment of automated driving systems for motor vehicles to identify impediments to their use and ensure an awareness of the needs of such community as these highly automated vehicles are being designed for commercial distribution. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An "automated driving system" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain.

To establish in the National Highway Traffic Safety Administration a Disability Mobility Advisory Council to make recommendations regarding advancing mobility access for the disabled community with respect to the deployment of automated driving systems.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Safety and Positive Train Control Extension Act''. SEC. 2. IMPLEMENTATION DEADLINE. (a) Technology Implementation Plan.--Section 20156(e)(4) of title 49, United States Code, is amended to read as follows: ``(4) Positive train control.-- ``(A) In general.--Except as required by section 20157 (relating to the requirements for implementation of positive train control systems), the Secretary shall ensure that each railroad carrier's technology implementation plan required under paragraph (1) that includes a schedule for implementation of a positive train control system complies with that schedule. ``(B) Rule of construction.--Nothing in this section shall be construed as requiring the installation of positive train control on railroad tracks if-- ``(i) positive train control is not required on those tracks under section 20157; and ``(ii) the railroad does not choose to implement positive train control as a technology on those tracks under this section.''. (b) Extension of Deadline.--Section 20157 of title 49, United States Code, is amended-- (1) in subsection (a)(1)-- (A) by striking ``Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, each'' and inserting ``Each''; and (B) by striking ``by December 31, 2015'' and inserting ``by December 31, 2020''; and (2) in subsection (a)(1)(B), by striking ``transported'' and inserting ``transported on or after December 31, 2015''. SEC. 3. AUTHORITY OF SECRETARY OF TRANSPORTATION TO EXTEND IMPLEMENTATION DEADLINE. (a) In General.--Section 20157 of title 49, United States Code, as amended by section 2(b) of this Act, is further amended-- (1) in subsection (a)(1), by striking ``Each Class I'' and inserting ``Except as provided under subsection (i), each Class I''; (2) by redesignating subsection (i) as subsection (j); and (3) by inserting before subsection (j), as redesignated, the following: ``(i) Implementation Extensions.-- ``(1) In general.--The Secretary may extend in 1-year increments, upon application, the deadline for implementing a positive train control system under subsection (a)(1) for an applicant, if the Secretary determines that-- ``(A) full implementation will likely be infeasible due to circumstances beyond the control of the applicant, including funding availability, spectrum acquisition, resource and technology availability, software development and testing, availability of alternate risk reduction strategies, and interoperability standards; ``(B) the applicant has demonstrated good faith in its positive train control system implementation; ``(C) the applicant has presented a revised plan for implementing a positive train control system indicating how the applicant will fully implement a positive train control system as soon as feasible, but not later than December 31, 2022; and ``(D) the extension will not extend later than December 31, 2022. ``(2) Considerations.--In making a determination under paragraph (1), the Secretary shall consider-- ``(A) whether the affected areas of track have been identified as areas of greater risk to the public and railroad employees in the applicant's positive train control implementation plan under section 236.1011(a)(4) of title 49, Code of Federal Regulations (relating to PTC Implementation Plan content requirements); and ``(B) the risk of operational failure to the affected service areas and the applicant. ``(3) Review.--Not later than 10 days after the Secretary receives an application under paragraph (1), the Secretary shall review and approve or disapprove the application.''. (b) Conforming Amendment.--Section 20156(e)(2) of title 49, United States Code, is amended by striking ``as defined in section 20157(i)'' and inserting ``as defined in section 20157(j)''. SEC. 4. EQUIPPING LOCOMOTIVES OPERATING IN POSITIVE TRAIN CONTROL TERRITORY. Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall revise section 236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations (relating to equipping locomotives operating in PTC territory) to extend each deadline 5 years.

Railroad Safety and Positive Train Control Extension Act - Revises the railroad safety risk reduction program. Extends from December 31, 2015, to December 31, 2020, the deadline for submission to the Secretary of Transportation (DOT) by each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation of a plan for implementing a positive train control (PTC) system on certain of its tracks. Authorizes the Secretary to extend the implementation deadline, upon application, in one-year increments, if specified circumstances exist. Directs the Secretary to revise federal regulations requiring a Class II or III railroad (including a tourist or excursion railroad) to equip its locomotives with an onboard PTC system to operate in PTC territory. Extends for five years the time for such railroad to meet the deadline for equipping its locomotives with a PTC system.

Railroad Safety and Positive Train Control Extension Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Telemedicine Act of 1995''. SEC. 2. ESTABLISHMENT OF PROJECT. (a) In General.--The Secretary of Health and Human Services (hereafter referred to as the ``Secretary'') shall establish not more than 10 pilot projects not later than 9 months after the date of enactment of this Act to investigate over a 3-year period the effectiveness of the use of rural health care provider telemedicine networks to provide coverage of physician consultative services under part B of the medicare program to individuals residing in rural areas. (b) Networks Defined.--In this Act, the term ``rural health care provider telemedicine network'' (hereafter referred to as a ``network'') means a network of providers that meets the following requirements: (1) The network serves physicians, clinics, and other nontertiary care providers in a rural area who have entered into agreements with a multispecialty tertiary care provider (without regard to whether or not such tertiary care provider is in the rural area) regarding patient referral and transfer, the use of joint communications systems, and the provision of emergency and nonemergency transportation among the network members. (2) The area in which the network operates is a rural area designated as a health professional shortage area (under section 332(a) of the Public Health Service Act) or is an underserved rural area in accordance with such other criteria as the Secretary may specify. SEC. 3. MEDICARE PAYMENT FOR PARTICIPANTS. (a) In General.--Under the projects established under this Act, the Secretary shall make payments from the Federal Supplementary Medical Insurance Trust Fund under part B of title XVIII of the Social Security Act in accordance with the methodology described in subsection (b) for physicians' services consisting of a professional consultation with an individual or entity furnishing a service for which payment may be made under such part to a medicare beneficiary in a rural area, notwithstanding that the individual providing the professional consultation is not at the same location as the individual furnishing the service to the medicine beneficiary. (b) Methodology for Determining Amount of Payments.--Taking into account the amount of funds available for payments under the project, the Secretary shall establish a methodology for determining the amount of payments made under subsection (a), and shall include in the methodology a method for making payment for reasonable costs incurred in the usage of signal transmission facilities suitable for the conduct of physician consultative services. (c) Payment for Nonphysician Providers.--Payments may be made under subsection (a) for any service described in such paragraph, without regard to whether or not the individual furnishing such service is a physician. SEC. 4. ELIGIBILITY OF NETWORKS. (a) In General.--A network is eligible to participate in a pilot project under this Act if-- (1) the network submits to the Secretary (at such time and in such form as the Secretary may require) an application containing such information and assurances as the Secretary may require; and (2) the network agrees to submit to the Secretary such information as the Secretary may require to determine the amount of payments described in section 3(b), to prepare reports under section 6, and to otherwise carry out the project. (b) Rural Area Defined.--In this Act, the term ``rural area'' has the meaning given such term in section 1886(d)(2)(D) of the Social Security Act. SEC. 5. CRITERIA FOR SELECTING PARTICIPANTS. (a) Technology Applied.--In selecting among eligible networks for participation in pilot projects under this Act, the Secretary shall give priority to networks that provide for consultations between patients and medical specialists involving transmission of detailed data on the patient in a manner that serves as a reasonable substitute for inperson interaction between the patients and the specialists. (b) Permitting Existing Networks To Participate.--Nothing in this Act may be construed to prohibit the Secretary from selecting a network operating at the time of the establishment of the pilot projects from participating in the project. SEC. 6. REPORTS. (a) Interim Report on Participating Sites.--Not later than 24 months after the Secretary first makes payment under subsection (b) for services under a pilot project, the Secretary shall submit a report to Congress describing the projects and the networks participating in the projects under this section, including a description of the amounts expended and the number of patients served under the projects. (b) Final.--Not later than 1 year after the termination of the projects, the Secretary shall submit a final report to Congress describing the operation of the projects and containing-- (1) the Secretary's analysis of the projects' cost- effectiveness and success in promoting the access of providers of health care services in rural areas to consultation services of specialist physicians; (2) the Secretary's analysis of the impact of the projects on the ability of patients to obtain a higher quality and greater range of care; and (3) such recommendations as the Secretary considers appropriate for changes in the medicare program relating to telemedicine, including estimates of the costs associated with any such changes. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act a total of $51,000,000 for carrying out the demonstration project under this Act. Of such amount, not more than $1,000,000 may be used for administrative purposes, including preparing and submitting reports under section 6.

Rural Telemedicine Act of 1995 - Directs the Secretary of Health and Human Services to establish up to ten pilot projects to investigate, over a three-year period, the effectiveness of the use of rural health care provider telemedicine networks to provide coverage of physician consultative services to individuals in rural areas under part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of title XVIII (Medicare) of the Social Security Act. Defines a rural health care provider telemedicine network as a network of providers that serves physicians, clinics, and other nontertiary care providers in a health professional shortage or underserved rural area who have entered into agreements with a multispecialty tertiary care provider regarding patient referral and transfer, the use of joint communications systems, and the provision of emergency and nonemergency transportation among the network members. Requires the Secretary to make payments from the Federal Supplementary Medical Insurance Trust Fund, according to a specified methodology, for physicians' services consisting of a professional consultation with an individual or entity furnishing a service for which payment may be made to a Medicare beneficiary in a rural area, notwithstanding that the consulting individual is not at the same location as the individual furnishing the service to the beneficiary. Sets forth criteria for selecting project participants. Authorizes appropriations.

Rural Telemedicine Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Low-Emission Authorization Nationwide (CLEAN) Ports Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the United States Census Bureau, United States ports handled $3.95 trillion in international trade for an all-encompassing range of goods and services in fiscal year 2007, with nearly 1.4 billion tons, valued at $1.4 trillion, in waterborne imports and exports alone. (2) According to the United States Census Bureau, United States ports generated more than $23.2 billion in United States Customs duty revenues in fiscal year 2007, representing 70 percent of all Customs duties collected. (3) According to the Environmental Protection Agency, the transportation sector accounted for about 27 percent of the total United States greenhouse gas emissions in 2003, up from 24.8 percent in 1990. (4) According to the California Air Resources Board's Diesel Particulate Matter Exposure Assessment, which includes our Nation's largest port complex, marine emissions account for 30 percent of all diesel particulate matter in California. (5) According to a 2009 report published in Environmental Science and Technology, at least 2,000 to 5,000 premature deaths per year in the continental United States are caused by particulate pollution from oceangoing vessels. (6) According to the Department of Energy, transportation energy use is expected to increase 48 percent between 2003 and 2025, despite modest improvements in the efficiency of vehicle engines. (7) According to a recent study conducted by the National Oceanic and Atmospheric Administration, it is estimated that 0.9 teragrams, or about 2.2 million pounds, of particle pollution are emitted each year from shipping vessels on a global basis. (8) Using on-dock clean technologies such as smoke stack filtration, cold ironing, and low-emission port vehicles can remove up to 95 percent of nitrogen oxides, sulfur oxides, and particulate matter from the engines and boilers of vessels while at berth. (9) Using low-emission rail yard locomotives can cut air emissions by up to 80 percent and reduce diesel fuel use by 16 percent compared to conventional diesel-powered locomotives used in switching service. (10) In the past years, the Nation's busiest port complex, the Ports of Los Angeles and Long Beach, have achieved major pollution reductions through the implementation of clean port technologies. Examples include the percent of vessel calls that switched to a cleaner fuel for auxiliary engines at berth, 100 percent in 2007 as compared to 14 percent in 2005, and over 30 percent reduction in particulate matter emissions in just two years. Both ports are on target of cutting diesel-related particulate matter (PM) pollution by more than 47 percent, sulfur oxides (SOx) by more than 52 percent, and smog forming nitrogen oxide (NOx) emissions by more than 45 percent within the next five years. (11) It is in the national interest of the United States to encourage and facilitate the acquisition and use of fuel efficient and low emission technologies and vehicles to reduce fuel use and pollution at and near ports, and enact environmentally friendly shipping regulations such as lowering vessel speeds coming into and out of ports, which mitigate the environmental damage to the air quality in and around America's port communities. SEC. 3. CLEAN TECHNOLOGY AND VEHICLES AT SEAPORTS. (a) Competitive Grants.-- (1) In general.--The Secretary of Transportation shall develop and administer competitive grants for seaport governing bodies, including harbor commissions and port authorities. (2) Eligibility.--To be eligible for a grant under paragraph (1), a seaport governing body shall-- (A) demonstrate to the Secretary the need for the grant; (B) demonstrate how the funding will be used; (C) specify what environmental, air quality, and fuel use reduction benefits will result from the project for which the funding is sought; and (D) specify how the programs or equipment will work, including the amount of the grant funding that would be distributed to each project. (3) Preference.--In awarding grants under this section, the Secretary shall give preference to seaport governing bodies who can demonstrate a pattern of successful implementation of energy use and pollution reduction activities. (b) Purposes.--Funds made available under this section may be used for the following purposes: (1) Maritime purposes.-- (A) The purchase of low-sulfur burning fuels to be used within a 40 mile radius of seaports. (B) The purchase of smokestack filtration systems to be used on vessel smokestacks while at berth. (C) The purchase of ``Cold-ironing or Ship-to- Shore'' electrical power equipment to plug into vessels while at berth. (D) The purchase of hybrid tug boats. (2) On-dock transportation.-- (A) The building or expansion of preexisting on- dock rail systems. (B) The purchase of low-emission rail yard locomotives. (C) The purchase or retrofit of fuel efficient or low-carbon emitting port vehicles such as trucks, forklifts, and front-end loaders. (D) The purchase of diesel-electric container yard cranes. (3) Research and development.--Up to 10 percent of the amounts appropriated for carrying out this section may be used to fund research and development of fuel efficient port vehicle or vessel technologies that-- (A) reduce carbon dioxide emissions; (B) increase fuel efficiency in local port fleets; and (C) lead to the increased production of fuel efficient or clean vehicles from the American manufacturing industry. (4) Monitoring equipment.--The purchase or retrofitting of preexisting air monitoring equipment that measures the level of air pollution such as sulfur dioxide, nitrogen dioxide, and carbon monoxide in and around ports. (c) Federal Share.--The Federal share of the cost of activities for which a grant is made under this section shall not exceed 90 percent. (d) Application for Grants.--The Secretary of Transportation shall develop an application process for grants under this section within 120 days after the date of enactment of this Act. (e) Report to Congress.--Not later than December 31, 2011, and annually thereafter during the term of the competitive grant program, the Secretary of Transportation shall submit to Congress a report on applications submitted, activities approved for funding, and the results of the competitive grant program, including the effects of the program on mitigating environmental damage. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for carrying out this section.

Clean Low-Emission Authorization Nationwide (CLEAN) Ports Act of 2009 - Directs the Secretary of Transportation to award competitive grants to seaport governing bodies (including harbor commissions and port authorities) for the acquisition of fuel efficient and low-emission equipment and systems at port facilities, with a preference to seaport governing bodies that can demonstrate a pattern of successful implementation of energy use and pollution reduction activities. Sets aside up to 10% of federal funding to carry out this Act for research and development of fuel efficient port vehicle or vessel technologies that reduce carbon dioxide emissions, increase fuel efficiency in local port fleets, and lead to increased domestic production of fuel efficient or clean vehicles. Sets the federal share of costs for such activities at no more than 90%.

To provide for a competitive program making grants to seaport governing bodies for the acquisition of fuel efficient and low emission equipment and systems at port facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security Professionals Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) In order to enhance the national security of the United States, including preventing, protecting against, responding to, and recovering from natural and manmade disasters, such as acts of terrorism, as well as to achieve greater agency integration for the projection of American power, it is the policy of the United States to promote the education, training, and interagency experience of current and future professionals in national security positions in Federal agencies. (2) Improvised interagency responses in the face of imminent threats or during a response to a national emergency result in mistakes, mismanagement, and waste. (3) Effective national security interagency operations require a transformation of national security education, training, and interagency experience in order to produce an interagency cadre of able national security professionals with specific education, training, and interagency experience. (4) Professional requirements and staffing needs relating to national security differ for every level of government, as well as among Federal agencies; therefore, the career development of national security professionals will vary between and within departments and agencies. (5) Today, there is no formal coordinated system for developing the skills and experience needed to fulfill this need. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``employee'' has the meaning given such term by section 2105 of title 5, United States Code; (2) the term ``national security professional'' means an employee holding a national security position; (3) the term ``national security position'' means a position, the duties and responsibilities of which include planning, coordinating, and executing missions in support of national security objectives, such as positions across multiple departments and agencies in-- (A) the National Counterterrorism Center; or (B) a provincial reconstruction team; and (4) the term ``National Security Career Development Program'' or ``Program'' refers to the program developed and implemented under this Act. SEC. 4. NATIONAL SECURITY CAREER DEVELOPMENT PROGRAM. (a) Establishment.-- (1) In general.--The President shall establish a program for the development of national security professionals, which shall be known as the ``National Security Career Development Program''. The Program shall set forth a framework that shall provide national security professionals access to integrated education, training, and professional experience interagency opportunities for the purpose of enhancing their mission- related knowledge, skills, and experience, and thereby improve their capability to safeguard the security of the Nation. Such interagency career development opportunities shall be provided across Federal agencies, levels of Government, and national security functions, as appropriate. (2) Participating departments and agencies.--The departments and agencies participating in the Program shall include the Department of State, the Department of the Treasury, the Department of Defense, the Department of Justice, the Department of Agriculture, the Department of Labor, the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Transportation, the Department of Energy, the Department of Education, the Department of Homeland Security, the Office of Management and Budget, the Nuclear Regulatory Commission, the United States Agency for International Development, and all intelligence agencies. (b) Appointment and Advancement.-- (1) Experienced personnel.--Departments and agencies participating in the Program shall encourage the appointment of personnel with a variety of national security experiences from within and outside the Federal Government for national security positions. (2) Qualifications.--Departments and agencies participating in the Program shall identify national security qualifications for appointment and advancement opportunities. Agency job announcements for national security positions shall solicit applications from the widest population authorized by law and regulation on the date of the solicitation. (c) Certification.--The Program shall establish policies to identify a threshold of interagency experience, knowledge, skills, and abilities required to obtain a national security interagency certification as a national security professional. The certification shall be a consideration for promotion of national security professionals holding career appointments. (d) Funding.--Implementation of the Program shall be subject to the availability of appropriations. The President's budget request shall include funding requirements to establish and maintain a National Security Career Development Program to include an end strength float enabling agencies to continue day-to-day functions while enabling selected agency national security professionals to participate in career development activities which require temporary absences from their duty positions. SEC. 5. PROGRAM COMPONENTS. (a) In General.--The National Security Career Development Program shall include-- (1) a rigorous and effective set of educational opportunities for national security professionals; (2) training that refreshes or enhances a national security professional's expertise in planning, coordinating, and executing national security missions through instruction, drills, and exercises that take into account the full spectrum of threats and hazards that comprise America's 21st century risk environment; and (3) opportunities for professional interagency experience, as described in subsection (b). (b) Professional Interagency Experience.--In order to carry out subsection (a)(3), the Program shall include opportunities for inter- governmental, interagency, and inter-office assignments, fellowships, and exchanges (including with non-governmental organizations, to the extent appropriate), in order to achieve the following: (1) Enable national security professionals to understand the roles, responsibilities, and cultures of other organizations and disciplines involved in national security. (2) Promote the exchange of ideas and practices among national security professionals. (3) Build trust and familiarity among national security professionals with differing perspectives. (4) Minimize obstacles to coordination in the face of a national security threat or emergency. (c) Incentives.--The Program shall link career advancement or other incentives for national security professionals to participation in rotational or temporary detail interagency assignments to include: (1) Linkage of interagency assignments in national security positions to accelerated promotion consideration for national security professionals to grades GS-14 and GS-15 of the General Schedule (or their equivalent). (2) Eligibility of national security professionals holding a position in grade GS-13 or GS-14 of the General Schedule (or the equivalent) who complete an interagency assignment for immediate step increases or other incentives. (d) Waivers; Grandfathering; Political Appointees.-- (1) Waivers.--The Program may, with respect to any incentive under subsection (c) that requires prior Government service or experience, waive such requirement, in the case of individuals who are able to demonstrate that they possess similar or equivalent service or experience from work in the private sector or other employment outside the Federal Government. (2) Grandfathering.--For the purpose of promotion to Senior Executive Service (or equivalent) positions, Federal agencies may grandfather personnel who, as of the date of the enactment of this Act, have a career appointment in grade GS-14 or GS-15 of the General Schedule (or the equivalent), and who, as determined by the head of the Federal agency involved, have acquired the necessary knowledge, skills, and aptitudes required for promotion to the Senior Executive Service (or equivalent). (3) Political appointees.--The Program shall establish appropriate career development programs for political appointees in national security positions. SEC. 6. REPORTING REQUIREMENTS. (a) Initial Report.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to each House of the Congress a written report describing, and setting forth the details of an implementation plan for, the National Security Career Development Program. (b) Annual Reports.--The President shall submit to Congress each year, at the time that the President's budget is submitted to Congress that year under section 1105(a) of title 31, United States Code, a report detailing the status of the implementation plan described in subsection (a).

National Security Professionals Act of 2008 - Directs the President to establish a National Security Career Development Program to provide national security professionals access to integrated education, training, and professional experience interagency opportunities. Requires: (1) the Program to establish policies to identify a threshold of interagency experience, knowledge, skills, and abilities required to obtain a national security interagency certification; and (2) the certification to be a consideration for promotion. Requires the President's budget request to include funding requirements to establish and maintain the Program. Requires the Program to include: (1) a rigorous and effective set of educational opportunities for national security professionals; (2) training that refreshes or enhances such a professional's expertise in planning, coordinating, and executing national security missions through instruction, drills, and exercises that take into account the full spectrum of threats and hazards that comprise America's 21st century risk environment; and (3) opportunities for professional interagency experience and intergovernmental, interagency, and interoffice assignments, fellowships, and exchanges. Requires the program to: (1) link career advancement or other incentives to participation in rotational or temporary detail interagency assignments; and (2) establish appropriate career development programs for political appointees in national security positions.

To provide for the establishment and implementation of a National Security Career Development Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring the Passengers and Crew of United Flight 93 Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) on September 11, 2001, terrorists hijacked 4 separate airliners with the intention of using the planes as weapons to kill innocent Americans and destroy American landmarks and institutions; (2) at 8:44 am, United Airlines Flight 93 took off from Newark, New Jersey, destined for San Francisco, California, and was hijacked by 4 terrorists shortly after take off; (3) it is widely presumed that the terrorists who took control of United Airlines Flight 93 intended to use the aircraft as a weapon and crash it into the United States Capitol Building in Washington, D.C.; (4) in cellular phone conversations with their loved ones, several passengers learned that 3 hijacked aircraft were used as weapons against the World Trade Center and the Pentagon; (5) the passengers and crew of United Airlines Flight 93 recognized the potential danger and indicated their intent to take heroic and noble action to ensure that the aircraft they were aboard could not be used as a weapon; (6) it is believed that in an act of selfless courage and supreme sacrifice, the crew and passengers of United Airlines Flight 93 fought to recapture the aircraft from the terrorists; and (7) United Airlines Flight 93 crashed in a sparsely populated area near Shanksville, Pennsylvania, at 10:10 a.m., September 11, 2001, undoubtedly saving countless lives in the Nation's Capital. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.-- (1) In general.--The President is authorized, on behalf of the Congress, to award posthumously a gold medal of appropriate design to each of-- (A) the United Airlines Flight 93 crew members-- (i) Lorraine G. Bay; (ii) Sandra W. Bradshaw; (iii) Jason Dahl; (iv) Wanda A. Green; (v) LeRoy Homer; (vi) CeeCee Lyles; and (vii) Deborah A. Welsh; and (B) the United Airlines Flight 93 passengers-- (i) Christian Adams; (ii) Todd Beamer; (iii) Alan Beaven; (iv) Mark Bingham; (v) Deora Bodley; (vi) Marion Britton; (vii) Thomas E. Burnett, Jr.; (viii) William Cashman; (ix) Georgine Rose Corrigan; (x) Joseph Deluca; (xi) Patrick Driscoll; (xii) Edward Felt; (xiii) Colleen Fraser; (xiv) Andrew Garcia; (xv) Jeremy Glick; (xvi) Kristin Gould; (xvii) Lauren Grandcolas; (xviii) Donald F. Greene; (xix) Linda Gronlund; (xx) Richard Guadagno; (xxi) Toshiya Kuge; (xxii) Hilda Marcin; (xxiii) Waleska Martinez; (xxiv) Nicole Miller; (xxv) Louis J. Nacke; (xxvi) Donald Peterson; (xxvii) Mark Rothenberg; (xxviii) Christine Snyder; (xxix) John Talignani; (xxx) Honor Elizabeth Wainio; and (xxxi) 3 additional heroes whose families have requested that their names be withheld. (2) Modalities.--The modalities of presentation of the medals struck under this Act shall be determined by the President, after consultation with the Speaker of the House of Representatives, the Majority Leader and the Minority Leader of the Senate, and the Minority Leader of the House of Representatives. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. STATUS AS NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this Act.

Honoring the Passengers and Crew of United Flight 93 Act - Authorizes the President to award posthumously the Congressional Gold Medal to the passengers and crew of United Airlines flight 93 which was hijacked and crashed as part of the terrorist attack on the United States on September 11, 2001.

To authorize the President to award posthumously the Congressional Gold Medal to the passengers and crew of United Airlines flight 93 in the aftermath of the terrorist attack on the United States on September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Sunset Act of 1993''. SEC. 2. PURPOSE. The purposes of this Act are the following: (1) To require agencies to regularly review their regulations and make recommendations to terminate, continue in effect, or modify those regulations. (2) To designate a Regulatory Review Officer within each agency, who is responsible for furthering compliance by the agency with the requirements of this Act. (3) To establish a Commission to perform sunset reviews of all agency regulations. (4) To provide for the automatic termination of agency regulations that are not authorized by the Commission to continue in effect after such reviews. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means an Executive agency, as that term is defined in section 105 of title 5, United States Code. (2) Regulation.--The term ``regulation'' means a rule, as that term is defined in section 551(4) of title 5, United States Code, that is issued by an agency. (3) Commission.--The term ``Commission'' means the Regulatory Sunset Commission established by section 103. TITLE I--SUNSET REVIEWS SEC. 101. REVIEW AND TERMINATION OF REGULATIONS. (a) In General.--Except as provided in subsection (b), regulations shall be reviewed by the Commission and terminate as follows: (1) Existing regulations.--A regulation in effect on the date of the enactment of this Act-- (A) shall be reviewed by the Commission before the end of the 7-year period beginning on that date of enactment, and (B) shall not be effective after that 7-year period, unless before the end of that period the regulation is reviewed and authorized by the Commission to continue in effect in accordance with this Act. (2) New regulations.--A regulation that is first effective after that date of enactment-- (A) shall be reviewed by the Commission before the end of the 3-year period beginning on the first date it is effective, and (B) shall not be effective after that 3-year period, unless before the end of that period the regulation is reviewed and authorized by the Commission to continue in effect in accordance with this Act. (3) Regulations continued in effect.--A regulation that is reviewed and authorized by the Commission to continue in effect under this subsection or subsection (b)(3)-- (A) shall be reviewed by the Commission before the end of the 7-year period beginning on the date of the last such authorization, and (B) shall not be effective after the end of that 7- year period, unless before the end of that period the regulation is reviewed and authorized by the Commission to continue in effect in accordance with this Act. (b) Continued Effectiveness With Respect to Modifications.-- (1) 6-month extension.--A regulation that would otherwise terminate under subsection (a) shall continue in effect for the 6-month period beginning on the date on which that termination would occur, if the Commission includes in a report under section 102(d) for the regulation any recommendation of modifications that should be made to the regulation. (2) Subsequent review.--Before the end of the 6-month period under paragraph (1) for a regulation, the Commission shall review the regulation and determine whether the modifications recommended by the Commission have been made. (3) Further extension.--The Commission shall authorize a regulation continued in effect under paragraph (1) to continue in effect for the 7-year period beginning on the first day of the 6-month period for the regulation under paragraph (1), if the Commission determines in accordance with paragraph (2) that the modifications recommended by the Commission have been made. SEC. 102. REVIEW OF REGULATIONS BY COMMISSION. (a) In General.--The Commission shall-- (1) continuously review all regulations in accordance with section 101 and this section; (2) make determinations regarding whether regulations should terminate or be authorized to continue in effect; (3) recommend modifications that should be made to regulations; and (4) authorize regulations to continue in effect, as determined by the Commission to be appropriate. (b) Criteria for Review.--The Commission shall consider the following criteria in determining whether a regulation should terminate, is authorized to continue in effect, or should be modified: (1) The extent to which the regulation is outdated, obsolete, or unnecessary. (2) The extent to which the regulation or information required to comply with a regulation duplicates, conflicts with, or overlaps requirements under regulations of other agencies. (3) The extent to which the regulation impedes competition. (4) Whether the benefits to society from the regulation exceed the costs to society from the regulation. (5) Whether the regulation is based on adequate and correct information. (6) Whether the regulation is worded as simply and clearly as possible. (7) Whether the most cost-effective alternative was chosen in the regulation to achieve the objective of the regulation. (8) The extent to which information requirements under the regulation can be reduced, particularly for small businesses. (9) Whether the regulation is fashioned to maximize net benefits to society. (10) Whether the regulation is clear and certain regarding who is subject to the regulation. (11) Whether the regulation is crafted to minimize needless litigation. (12) Whether the condition of the economy and of regulated industries is considered. (13) Whether the regulation imposes on the private sector the minimum economic burdens necessary to achieve the purposes of the regulation. (14) Whether the total effect of the regulation across agencies has been examined. (15) Whether the regulation relies on market mechanisms. (16) Whether the regulation is necessary to protect the health and safety of the public. (17) Whether the regulation has resulted in unintended consequences. (c) Review Requirements.--For purposes of conducting reviews of regulations under this Act, the Commission shall-- (1) receive and consider testimony and comments from the private sector regarding the application of the criteria set forth in section 102(b) to existing regulations; (2) review agency reports on regulations submitted under section 201(2); and (3) publish schedules of Commission reviews of regulations, that provide reasonable notice of those reviews to agencies. (d) Reports.--The Commission shall submit to the President and the Congress and publish in the Federal Register reports on regulations, before the date of the termination of the regulations under section 101, which include-- (1) determinations of whether the regulations should terminate, are authorized to continue in effect, or should be modified; (2) recommendations of any modifications to the regulations that should be made to the regulations; (3) other information the Commission considers necessary for a complete evaluation of the regulations; and (4) findings and recommendations for legislative or administrative action the Commission considers appropriate. SEC. 103. ESTABLISHMENT OF REGULATORY SUNSET COMMISSION. (a) Establishment.--There is established a Commission to be known as the Regulatory Sunset Commission. (b) Membership.-- (1) Number and appointment.--The Commission shall consist of 9 members appointed by the President, by and with the advice and consent of the Senate, from among individuals who are qualified to serve on the Commission by virtue of their education, training, or experience. (2) Congressional recommendations.--The majority leader and minority leader of the Senate and the Speaker and minority leader of the House of Representatives may submit recommendations to the President concerning appointments to the Commission. (3) Limitation on political affiliation.--Not more than 5 members of the Commission may be members of the same political party. (4) Chairperson.--The President shall designate a member of the Commission as the Chairperson of the Commission. (c) Terms.-- (1) In general.--Except as provided in paragraphs (2) and (3), the term of an individual as a member of the Commission shall be 6 years. (2) Initial appointments.--Of the individuals first appointed as members of the Commission, as specified by the President-- (A) 3 shall be appointed to an initial term of 2 years; (B) 3 shall be appointed to an initial term of 4 years; and (C) 3 shall be appointed to an initial term of 6 years. (3) Completion of term of vacated membership.--A member of the Commission appointed to fill a vacancy on the Commission occurring before the expiration of the term for which the member's predecessor was appointed shall serve pursuant to that appointment only for the remainder of that term. (4) Limitation on reappointment.--An individual may not serve more than 2 terms as a member of the Commission. (d) Effect and Filling of Vacancies.--A vacancy on the Commission shall not impair the authority of the remaining members of the Commission to exercise the powers of the Commission. (e) Compensation.-- (1) In general.--A member of the Commission, other than the Chairperson, shall be paid at a rate equal to the rate of basic pay payable for level III of the Executive Schedule. (2) Chairperson.--The Chairperson of the Commission shall be paid at a rate equal to the rate of basic pay payable for level II of the Executive Schedule. (f) Meetings.--The Commission shall meet on a regular basis, at the call of the Chairperson of the Commission or a majority of its members. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business but a lesser number may hold hearings. (h) Prohibition on Other Activities of Members.--A member of the Commission shall not engage in any other business, vocation, or employment. (i) Removal of Member.--Any member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. SEC. 104. STAFF OF COMMISSION. (a) Executive Director.--The Commission may appoint an executive director, who may be paid at a rate determined by the Commission. (b) Staff.--The Commission may appoint such professional and clerical personnel as may be reasonable and necessary to enable the Commission to carry out its functions, who may be paid at rates determined by the Commission. (c) Other Federal Personnel.--Upon request of the Chairman of the Commission, the head of an agency may detail to the Commission, without reimbursement, any personnel of the agency to assist the Commission in carrying out its duties under this Act. Such detail shall be without interruption or loss of civil service status or privilege. SEC. 105. POWERS OF COMMISSION. (a) Hearings and Meetings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Contractual Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services necessary to fulfill the duties of the Commission. SEC. 106. LIMITATION ON ACTIONS FOR JUDICIAL REVIEW. Notwithstanding any other provisions of law, a determination of the Commission shall be subject to judicial review only in an action brought no later than 30 days after the issuance of the determination. SEC. 107. ACCESS TO INFORMATION AND RECORDS OF AGENCIES. The Commission may secure directly from any agency such information as may be necessary to enable the Commission to carry out its duties. Upon request of the Chairperson of the Commission, the head of an agency shall, to the extent not otherwise prohibited by law, furnish such information to the Commission. The Commission shall have access to, and may inspect, records of any agency to obtain that information. TITLE II--AGENCY ROLE IN SUNSET REVIEWS SEC. 201. AGENCY RESPONSIBILITIES. The head of each agency shall-- (1) conduct thorough and systematic reviews, based on the criteria set forth in section 102(b), of all regulations of the agency; (2) prepare and transmit to the Commission a report on regulations of the agency, by not later than 1 year prior to the date on which the regulations are scheduled to be reviewed under schedules published by the Commission under section 102(c)(3), which includes-- (A) specific findings regarding the criteria set forth in section 102(b) with respect to each regulation; (B) recommendations on whether each regulation should terminate, be authorized to continue in effect, or be modified; and (C) recommendations on the consolidation of any of the regulations with other regulations that duplicate functions of the regulations; and (3) publish in the Federal Register responses to determinations of the Commission in its reports under subsection (d) of section 102, including-- (A) responses to recommendations by the Commission of modifications in regulations of the agency; and (B) descriptions of the actions to be taken by the agency in response to all recommendations of the Commission under that section. SEC. 202. DESIGNATION OF AGENCY REGULATORY REVIEW OFFICERS. (a) In General.--There shall be within each agency a Regulatory Review Officer, who shall be designated by the head of the agency from among officials of the agency. (b) Functions.--The Regulatory Review Officer of an agency shall-- (1) further the compliance by the agency with the requirements of this Act; and (2) report directly to the head of the agency with respect to the function under paragraph (1).

TABLE OF CONTENTS: Title I: Sunset Reviews Title II: Agency Role in Sunset Reviews Regulatory Sunset Act of 1993 - Title I: Sunset Reviews - Establishes the Regulatory Sunset Commission to review regulations of executive agencies and determine in accordance with specified criteria whether they should be terminated, authorized to continue in effect, or modified. Provides for limited judicial review of Commission determinations. Title II: Agency Role in Sunset Reviews - Requires the head of each agency to: (1) conduct thorough and systematic reviews of all agency regulations based on such criteria; (2) prepare and transmit to the Commission a report on agency regulations which includes recommendations of the actions to take; and (3) publish in the Federal Register the agency responses to Commission determinations. Establishes a Regulatory Review Officer within each executive agency (designated by the agency head) to: (1) further agency compliance with this Act; and (2) report directly to the agency head with respect to such function.

Regulatory Sunset Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yuma Crossing National Heritage Area Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) certain events that led to the establishment of the Yuma Crossing as a natural crossing place on the Colorado River, and to the development of the Yuma Crossing as an important landmark in the westward expansion of the United States during the mid-19th century, are of national historic and cultural significance, based on the contribution of those events to the development of the United States; (2) it is in the interest of the United States to promote, preserve, and protect, for the education and benefit of present and future generations, physical remnants of a community that-- (A) possesses almost 500 years of recorded history; and (B) has significant cultural, historic, and architectural value; (3) the designation of the Yuma Crossing as a national heritage area would-- (A) preserve the history of the Yuma Crossing area; (B) provide related educational opportunities and recreational opportunities; (C) preserve natural resources; (D) optimize the use of riverfront property; and (E) improve the ability of the Yuma region to serve visitors and enhance the local economy through the completion of major projects identified within the Yuma Crossing National Heritage Area; (4) the Department of the Interior is responsible for protecting the cultural and historic resources of the United States; (5) the quantity and quality of resources within the Yuma region merit the involvement of the Federal Government in developing programs and projects, in cooperation with the Yuma Crossing National Heritage Area and other local and governmental bodies-- (A) to adequately conserve, protect, and interpret the heritage of the Yuma region for further generations; and (B) to provide opportunities for education, revitalization, and economic development; (6) the city of Yuma, the Arizona State Parks Board, agencies of the Federal Government, corporate entities, and citizens will complete a study and master plan for the Yuma Crossing that meets established criteria by the National Park Service-- (A) to determine the extent of the historic resources present in the Yuma region; (B) to preserve and interpret those historic resources; and (C) to assess the opportunities available to enhance the cultural experience for visitors to and residents of the Yuma region; and (7) the Yuma Crossing National Heritage Area Board of Directors would be an appropriate management entity for a heritage area established in the Yuma region. (b) Purposes.--The purposes of this Act are-- (1) to recognize the role of the Yuma Crossing in the development of the United States, with particular emphasis on the position of the crossing as an important landmark in the westward expansion of the United States during the mid-19th century; (2) to promote, interpret, and develop the physical and recreational resources of the communities surrounding the Yuma Crossing to preserve almost 500 years of recorded history and the outstanding cultural, historic, and architectural assets of the region for the education and benefit of present and future generations; (3) to foster a close working relationship with all levels of government, the private sector, and the local communities in the Yuma region; (4) to empower the community to simultaneously conserve the heritage and natural resources of the Yuma region while continuing to pursue economic opportunities; (5) to provide recreational opportunities for visitors to the Yuma Crossing; (6) to optimize the use of riverfront property; and (7) to improve the ability of the Yuma region to serve visitors and enhance the local economy through the completion of major projects in the Heritage Area. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Yuma Crossing National Heritage Area established by section 4(a). (2) Management entity.--The term ``management entity'' means the Yuma Crossing National Heritage Area Board of Directors. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Yuma region.--The term ``Yuma region'' means the county and city of Yuma, Arizona. SEC. 4. YUMA CROSSING NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Yuma Crossing National Heritage Area. (b) Boundaries.-- (1) In general.--The Heritage Area shall be comprised of those portions of the Yuma region totaling approximately 21 square miles, bounded-- (A) on the west, by the Colorado River (including the crossing point of the Army of the West); (B) on the east, by Avenue 7E; (C) on the north, by the Colorado River; and (D) on the south, by the 12th Street alignment. (2) Land and resources.--The boundaries of the Heritage Area described in paragraph (1) encompass-- (A) all land, the ownership of which is not in dispute, that is within the boundaries and located in the State of Arizona; and (B) over 150 identified historic, geologic, and cultural resources. (c) Management Entity.--The management entity for the Heritage Area shall be the Yuma Crossing National Heritage Area Board of Directors which shall include representatives from a broad cross-section of the individuals, agencies, organizations, and governments that have been involved in the planning and development of the Heritage Area to this point. The management entity should also reflect those who may have an interest in the purposes and objectives of the Heritage Area now and in the future. SEC. 5. COMPACT. (a) In General.--To carry out this Act, the Secretary shall enter into a compact with the management entity. (b) Components of Compact.--The compact shall include information relating to the objectives and management of the Heritage Area, including-- (1) a discussion of the goals and objectives of the Heritage Area; (2) an explanation of the proposed approach to conservation and interpretation of the Heritage Area; and (3) a general outline of the protection measures to which the management entity commits. (c) Submission and Approval or Disapproval of Compact.-- (1) Submission.--The management entity shall submit to the Secretary a proposed compact not later than 1 year after the date of enactment of this Act. (2) Approval or disapproval.--Not later than 90 days after receiving the compact under paragraph (1), the Secretary shall approve or disapprove the proposed compact. (3) Procedures on disapproval.-- (A) In general.--If the Secretary disapproves a proposed compact, the Secretary shall-- (i) advise the management entity, in writing, of the reasons for the disapproval; and (ii) make recommendations for revisions of the proposed compact. (B) Approval or disapproval of revisions.--Not later than 90 days after receiving any proposed revision to a proposed compact from the management entity, the Secretary shall approve or disapprove the proposed revision. SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Management Plan.-- (1) In general.--The management entity shall develop a management plan for the Heritage Area, taking into consideration existing State, county, and local plans. (2) Contents.--The management plan shall include-- (A) comprehensive recommendations for conservation, funding, management, and development of the Heritage Area; (B) a description of actions to be carried out by units of government and private organizations to protect the resources of the Heritage Area; (C) a list of specific existing and potential sources of funding to protect, manage, and develop the Heritage Area; (D) an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that-- (i) is related to the themes of the Heritage Area; and (ii) should be preserved, restored, managed, developed, or maintained because of the natural, cultural, historical, recreational, or scenic significance of the property; (E) a recommendation of policies for resource management that take into consideration and describe any benefits of the application of appropriate land and water management techniques, including the development of intergovernmental cooperative agreements to protect the natural, cultural, historical, recreational, and scenic resources of the Heritage Area in a manner consistent with supporting appropriate and compatible economic viability; (F) a program for implementation of the management plan by the management entity, including-- (i) plans for restoration and construction; and (ii) specific commitments of the identified partners for the first 5 years of operation; (G) an analysis of methods by which Federal, State, and local programs may best be coordinated to promote the purposes of this Act; and (H) an interpretation plan for the Heritage Area. (3) Submission to secretary.--The management entity shall submit the management plan to the Secretary for approval not later than 3 years after the date of enactment of this Act. (4) Approval and disapproval of management plans.-- (A) In general.--Not later than 90 days after receiving a management plan under paragraph (3), the Secretary, in consultation with the management entity, shall approve or disapprove the management plan. (B) Procedures on disapproval.-- (i) In general.--If the Secretary disapproves the management plan, the Secretary shall-- (I) advise the management entity, in writing, of the reasons for the disapproval; and (II) make recommendations for revisions of the management plan. (ii) Approval or disapproval of revisions.--Not later than 90 days after receiving any proposed revision to the management plan from the management entity, the Secretary shall approve or disapprove the proposed revision. (5) Amendments to management plan.--Any substantial amendment to the management plan-- (A) shall be reviewed by the Secretary; and (B) shall not be implemented by the expenditure of funds made available under this Act until such time as the Secretary approves the amendment. (b) Duties of Management Entity.--In addition to the responsibilities described in subsection (a), the management entity shall-- (1) give priority to implementing actions set forth in the compact under section 5 and the management plan, including actions to assist units of government, regional planning organizations, and nonprofit organizations in preserving the Heritage Area; (2) assist units of government, regional planning organizations, and nonprofit organizations in-- (A) establishing and maintaining interpretive exhibits in the Heritage Area; (B) developing recreational resources in the Heritage Area; (C) increasing public awareness of and appreciation for the natural, cultural, historical, recreational, and scenic resources and sites in the Heritage Area; (D) restoring any historic building relating to the themes of the Heritage Area and (E) ensuring that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are installed throughout the Heritage Area; (3) encourage, by appropriate means, economic viability in the Heritage Area consistent with the goals of the management plan; (4) encourage local governments to adopt policies consistent with the management of the Heritage Area and the goals of the management plan; (5) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; (6) conduct public meetings at least quarterly regarding the implementation of the management plan; and (7) for any year in which Federal funds are received under this Act-- (A) to make available for audit all records pertaining to the expenditure of the funds and any matching funds; and (B) require, for all agreements authorizing the expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records pertaining to the expenditure of the funds. (c) Use of Funds.--The management entity may, for the purposes of preparing and implementing the management plan, use funds made available under this Act-- (1) to make grants to, and enter into cooperative agreements with, States (including political subdivisions), private organizations, or any person; (2) to hire and compensate staff; and (3) to enter into contracts for goods and services. (d) Prohibition on the Acquisition of Real Property.--The management entity shall not use Federal funds received under this Act to acquire real property or any interest in real property. (e) Federal Funds From Other Sources.--Nothing in this Act prohibits the management entity from using Federal funds from other sources for permitted purposes. (f) Spending for Non-Federally Owned Property.--The management entity may use Federal funds received under this Act to carry out activities on property that is not owned by the Federal Government to further the purposes of this Act, especially to assist units of government in the appropriate treatment of districts, sites, buildings, structures, and objects that are listed or eligible for listing on the National Register of Historic Places. SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Technical and Financial Assistance.--The Secretary may, on request of the management entity, provide technical and financial assistance to the management entity to develop and implement the management plan, including assistance in actions to-- (1) conserve the significant natural, cultural, historical, recreational, and scenic resources that support the themes of the Heritage Area; and (2) provide educational, interpretive, and recreational opportunities consistent with the resources and associated values of the Heritage Area. (b) Documentation.--The Historic American Building Survey/Historic American Engineering Record shall conduct any study necessary to document the natural, cultural, historical, recreational, and scenic resources of the Heritage Area. SEC. 8. TERMINATION OF AUTHORITY. The authority of the Secretary to make a grant or provide assistance under this Act terminates on September 30, 2015. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act not more than $1,000,000 for any fiscal year, of which not more than a total of $10,000,000 may be used for the Heritage Area. (b) Federal Share.--Federal funds provided under this Act after the date of enactment of this Act shall not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act.

Requires the management entity to develop and submit to the Secretary for approval a management plan for the Heritage Area. Describes duties of the management entity, including to: (1) assist governments and organizations in increasing public awareness, and developing recreational resources, of the Heritage Area; and (2) encourage economic viability in the Heritage Area. Prohibits the management entity from using Federal funds received under this Act to acquire real property or interests in real property. Authorizes the management entity to use Federal funds on non-federally owned property to further this Act's purposes. Authorizes the Secretary, on request of the management entity, to provide technical and financial assistance to the management entity to develop and implement the management plan. Terminates the Secretary's authority to provide assistance under this Act on September 30, 2015. Authorizes appropriations. Limits Federal funding to 50 percent of the total cost of any assistance or grant under this Act.

Yuma Crossing National Heritage Area Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Auto Safety Enhancement Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Event data recorders offer important benefits for motor vehicle safety, such as enabling automatic crash notification systems for improved emergency responses to crashes, increasing understanding of vehicle crashworthiness and safe highway design, and providing greater insight into trends in motor vehicle defects. (2) More than 38,000 people die each year on roads in the United States, and such fatalities could be reduced by taking full advantage of the benefits of event data recorders. (3) According to the event data recorder working group of the National Highway Traffic Safety Administration, the degree to which the benefits of event data recorders are realized is directly proportional to the number of motor vehicles equipped with such recorders. (4) Requiring the inclusion of event data recorders in new motor vehicles would produce valuable safety benefits that would far outweigh the nominal financial burden on manufacturers. (5) The National Transportation Safety Board has recommended that event data recorders be installed on light passenger vehicles and on schoolbuses and motorcoaches. SEC. 3. EVENT DATA RECORDERS. (a) In General.--Subchapter II of chapter 301 of part A of subtitle VI of title 49, United States Code, is amended by adding at the end the following new sections: ``Sec. 30129. Event data recorders required for model year 2012 or later ``(a) In General.--Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall promulgate a rule that-- ``(1) requires each motor vehicle manufacturer to equip each motor vehicle of model year 2012 or later manufactured by such manufacturer, regardless of the gross vehicle weight rating of the motor vehicle, with an event data recorder that meets the specifications set forth in subsection (b); and ``(2) establishes the uniform data retrieval method described in subsection (c). ``(b) Specifications of Event Data Recorder.-- ``(1) Survivability.--The event data recorder required under subsection (a)(1) shall be capable of-- ``(A) sustaining without a loss of data-- ``(i) a crash that results in a fire in which the motor vehicle reaches a maximum temperature to be determined by the Secretary for a maximum period of time to be determined by the Secretary; and ``(ii) a crash that results in the motor vehicle becoming immersed in not greater than 10 feet of water; and ``(B) sustaining without a loss of data or function-- ``(i) a frontal barrier crash test at not less than 65 miles per hour; ``(ii) the rear moving barrier crash test described in S6.2 of Federal Motor Vehicle Safety Standard 301 (49 C.F.R. 571.301) that is applicable to the motor vehicle on which the event data recorder is installed; and ``(iii) a side barrier crash test to be determined by the Secretary. ``(2) Data elements.--The event data recorder required under subsection (a)(1) shall record the following data elements: ``(A) Yaw data. ``(B) Safety belt status by seating location, number of occupants, and location in the vehicle. ``(C) Data regarding vehicle speed, engine rotations per minute, change in acceleration, and control signal status for the braking, acceleration, and steering systems. ``(D) Driver and front passenger airbag deployment level, deactivation status, deployment time, and deployment stage. ``(E) Rollover data. ``(F) Data regarding the operation of the antilock brake system, the traction control system, and the electronic stability control system, including the roll stability control system. ``(G) A stamp including the motor vehicle's vehicle identification number and the date, time, and odometer reading corresponding to each event collected. ``(H) Tire pressure. ``(I) All other data elements listed in the left- hand column of table I or the left-hand column of table II of section 563.7 of title 49, Code of Federal Regulations, as such section is in effect on the date of the enactment of this section. ``(J) Such other data as the Secretary considers appropriate, including any data element in the event data recorder standards issued by the Institute of Electrical and Electronics Engineers or the Society of Automotive Engineers. ``(3) Length of recording time.--The event data recorder required under subsection (a)(1) shall record data related to a crash event for a period of not less than 60 seconds before time zero and 15 seconds after time zero. For purposes of the preceding sentence, the term `time zero' has the meaning given such term in section 563.5(b) of title 49, Code of Federal Regulations, as such section is in effect on the date of the enactment of this section. ``(4) Tamper resistance.--The event data recorder required under subsection (a)(1) shall have such safeguards as the Secretary considers appropriate to prevent alteration of the data recorded. ``(5) Compatibility with universal data retrieval method.-- The event data recorder required under subsection (a)(1) shall permit the data recorded by such recorder to be retrieved using the universal data retrieval method established under subsection (a)(2). The Secretary shall specify any data format requirements the Secretary considers appropriate to facilitate the establishment of such universal data retrieval method. ``(c) Universal Data Retrieval Method.--The universal data retrieval method required under subsection (a)(2) shall be a single method by which the recorded data in an event data recorder on any motor vehicle to which this section applies, regardless of manufacturer or model, may be removed from such event data recorder and put into readable form. For purposes of the preceding sentence, data are in readable form if they conform to any data format requirements established by the Secretary and can be used to analyze the safety performance of a vehicle using commercially available equipment. ``(d) Data Collection.-- ``(1) Process for receiving data.-- ``(A) In general.--The Secretary shall establish a process by which an individual or entity may transmit to the Secretary data from an event data recorder. ``(B) Periodic evaluations and modifications.--The Secretary shall conduct periodic evaluations of the process established under subparagraph (A) and make such modifications as the Secretary considers appropriate to ensure that the process is as effective and efficient as possible. ``(2) Event data recorder database.-- ``(A) In general.--The Secretary shall create a database for purposes of research and analysis that contains, in electronic format, all data available to the Secretary from event data recorders. Such database shall not include any data that were not obtained from an event data recorder, except for such data from other sources as the Secretary considers-- ``(i) relevant to performing research and analysis using data from event data recorders, including police accident reports and other similar official information regarding the conditions and circumstances under which the data were collected; or ``(ii) necessary to operate the event data recorder database. ``(B) Availability to public.-- ``(i) In general.--Except as provided in clause (ii), the data in the database required by subparagraph (A) shall be available to the public. ``(ii) Personally identifiable information.--The Secretary shall ensure that the data made available to the public under clause (i) do not contain any information that could be used to identify an owner, lessee, or occupant of a vehicle from whose event data recorder such data were obtained, including the full vehicle identification number of the vehicle, the name, mailing address, email address, or telephone number of an owner, lessee, or occupant, and any other information that is prohibited by law from disclosure or that the Secretary determines should be withheld to protect individual privacy. ``(e) Event Data Recorder Defined.--For purposes of this section, the term `event data recorder' has the meaning given such term in section 563.5(b) of title 49, Code of Federal Regulations. ``Sec. 30130. Readability of data in event data recorders prior to model year 2012 ``(a) In General.--Not later than 90 days after the date of the enactment of this section, the Secretary of Transportation shall promulgate a rule that requires each motor vehicle manufacturer to ensure that the data recorded by an event data recorder in a vehicle of a model year prior to model year 2012 that is manufactured by such manufacturer are capable of being read by the National Highway Traffic Safety Administration. Such rule shall apply to a vehicle manufactured prior to the effective date of such rule if such vehicle is equipped with an event data recorder but shall not require any vehicle, regardless of the date of manufacture, to be equipped with an event data recorder. ``(b) Data Capable of Being Read by NHTSA.--For purposes of subsection (a), data in a motor vehicle's event data recorder are capable of being read by the National Highway Traffic Safety Administration if a representative of the Administration who has physical access to the vehicle can, through the use of computer hardware and software, whether provided by the manufacturer of such vehicle or otherwise, gain access to such data in a format that allows the Administration to analyze the safety performance of such vehicle. ``(c) Event Data Recorder Defined.--For purposes of this section, the term `event data recorder' has the meaning given such term in section 563.5(b) of title 49, Code of Federal Regulations. ``(d) Effective Date of Rule.--The rule promulgated under subsection (a) shall take effect not later than 30 days after the date on which such rule is promulgated. ``Sec. 30131. Privacy of data in event data recorders ``(a) Ownership of Data.--The data stored in an event data recorder described in section 30129(a) or 30130(a) are the property of the owner or lessee of the motor vehicle in which such event data recorder is installed. ``(b) Access to Data.--The data stored in an event data recorder described in section 30129(a) or 30130(a) may not be accessed by any person other than the owner or lessee of the motor vehicle in which such event data recorder is installed, unless-- ``(1) a court authorizes retrieval of the data in furtherance of a legal proceeding; ``(2) the owner or lessee of such motor vehicle consents to the retrieval of the data for any purpose, including to diagnose, service, or repair such motor vehicle; or ``(3) the data are retrieved by a government motor vehicle safety agency for the purpose of improving motor vehicle safety and the personally identifiable information of any owner, lessee, or occupant of such motor vehicle, including the vehicle identification number of such motor vehicle, is not publicly disclosed in connection with the data.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 30128 the following new items: 30129. Event data recorders required for model year 2012 or later. 30130. Readability of data in event data recorders prior to model year 2012. 30131. Privacy of data in event data recorders. SEC. 4. REPORT ON FEASIBILITY OF AUTOMATIC TRANSMISSION OF EDR DATA. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the feasibility of requiring that, after the involvement in a crash event of a motor vehicle equipped with an event data recorder under section 30129(a) of title 49, United States Code, such event data recorder automatically transmit to the Secretary, in electronic form, the data recorded with respect to the crash event. (b) Contents of Report.--The report required by subsection (a) shall include-- (1) an analysis, with respect to the time when such analysis is conducted, of systems and capabilities for automatic electronic transmission of event data recorder data in the event of a crash and the extent to which it is the practice of motor vehicle manufacturers to collect such data; (2) an analysis of any benefits, whether monetary or nonmonetary, of maintaining a database containing the data that would be automatically transmitted to the Secretary under the requirement described in subsection (a); (3) an analysis of the cost to motor vehicle manufacturers of complying with such requirement as compared to the cost of requiring the submission of the same information by means other than automatic electronic transmission; (4) the Secretary's recommendation of a reasonable timeline for manufacturers to comply with the requirement described in subsection (a); and (5) an analysis of any privacy issues posed by such requirement and recommendations for how they might be addressed or eliminated.

Consumer Auto Safety Enhancement Act of 2010 - Directs the Secretary of Transportation (DOT) to promulgate a rule that: (1) requires each motor vehicle manufacturer to equip each motor vehicle manufactured in model year 2012 or later with an event data recorder (EDR) that meets certain specifications; and (2) establishes a universal data retrieval method by which recorded data in an EDR may be retrieved and put into readable form regardless of manufacturer or model of the motor vehicle. Requires the Secretary to: (1) establish a process by which an individual or entity may transmit EDR data to the Secretary; and (2) create an EDR database for research and analysis. Directs the Secretary to promulgate a rule that requires each motor vehicle manufacturer to ensure that the data recorded by an EDR in a motor vehicle manufactured before model year 2012 is capable of being read by the National Highway Traffic Safety Administration (NHTSA). Prohibits the retrieval of data stored in an EDR by any person other than the owner or lessee of the motor vehicle in which such device is installed, unless: (1) a court authorizes it, the owner or lessee consents, or the data is retrieved by a government motor vehicle safety agency; and (2) neither the personally identifiable information of the vehicle owner, lessee,or occupant nor the vehicle identification number (VIN) is publicly disclosed in connection with the data.

To amend title 49, United States Code, to require the Secretary of Transportation to promulgate rules requiring that motor vehicles of model year 2012 or later be equipped with event data recorders compatible with a universal data retrieval method and that the data in event data recorders on motor vehicles prior to model year 2012 be readable by the National Highway Traffic Safety Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Education Survey Act of 2014''. SEC. 2. SURVEY OF INDIVIDUALS USING THEIR ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER THE EDUCATIONAL ASSISTANCE PROGRAMS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. (a) Survey Required.--By not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract with a non-government entity for the conduct of a survey of a statistically valid sample of individuals who have used or are using their entitlement to educational assistance under chapters 30, 32, 33, and 35 of title 38, United States Code, to pursue a program of education or training. The contract shall provide that-- (1) not later than one month before the collection of data under the survey begins, the survey shall be submitted to the Committees on Veterans' Affairs of the Senate and House of Representatives; (2) the non-government entity shall complete the survey and submit to the Secretary the results of the survey by not later than 180 days after entering into the contract; and (3) the survey shall be conducted by electronic means and by any other means the non-government entity determines appropriate. (b) Information To Be Collected.--The contract under subsection (a) shall provide that the survey shall be designed to collect the following types of information about each individual surveyed, where applicable: (1) Demographic information, including the highest level of education completed by the individual, the military occupational specialty or specialties of the individual while serving on active duty as a member of the Armed Forces or as a member of the National Guard or of a Reserve Component of the Armed Forces, and whether the individual has a service- connected disability. (2) The opinion of the individual regarding participation in the transition assistance program under section 1144 of title 10, United States Code, and the effectiveness of the program, including instruction on the use of the benefits under laws administered by the Secretary of Veterans Affairs. (3) The resources the individual used to help the individual-- (A) decide to use the individual's entitlement to educational assistance to enroll in a program of education or training; and (B) choose the program of education or training the individual pursued. (4) The individual's goal when the individual enrolled in the program of education or training. (5) The nature of the individual's experience with the education benefits processing system of the Department of Veterans Affairs. (6) The nature of the individual's experience with the school certifying official of the educational institution where the individual pursued the program of education or training who processed the individual's claim. (7) Any services or benefits the educational institution or program of education or training provided to veterans while the individual pursued the program of education or training. (8) The type of educational institution at which the individual pursued the program of education or training. (9) Whether the individual completed the program of education or training or the number of credit hours completed by the individual as of the time of the survey, and, if applicable, any degree or certificate obtained by the individual for completing the program. (10) The employment status of the individual and whether such employment status differs from the employment status of the individual prior to enrolling in the program of education or training. (11) Whether the individual is or was enrolled in a program of education on a full-time or part-time basis. (12) The opinion of the individual on the effectiveness of the educational assistance program of the Department of Veterans Affairs under which the individual was entitled to educational assistance. (13) Whether the individual was ever entitled to a rehabilitation under chapter 31 of title 38, United States Code, and whether the individual participated in such a program. (14) Such other matters as the Secretary determines appropriate. (c) Report.--Not later than 90 days after receiving the results of the survey required under this section, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the results of the survey and any recommendations of the Secretary relating to such results. Such report shall also include an unedited version of the results of the survey submitted by the non-government entity that conducted the study.

Veterans Education Survey Act of 2014 - Directs the Secretary of Veterans Affairs (VA) to enter into a contract with a non-government entity to conduct a survey of a statistically valid sample of individuals who have used or are using their entitlement to veterans educational assistance to pursue a program of education or training. Requires: (1) the survey to be submitted to the Senate and House Veterans' Affairs Committees not later than one month before the collection of data begins, and (2) the entity to conduct the survey electronically or by other appropriate means and to complete the survey and submit the results to the Secretary not later than 180 days after entering into the contract. Requires the survey to be designed to collect specified types of information about each individual surveyed, including: (1) demographic information, including the highest level of education completed, military occupational specialties while serving in the Armed Forces, National Guard, or Reserves, and whether the individual has a service-connected disability; (2) the individual's opinion regarding participation in the transition assistance program and the effectiveness of the program; (3) the nature of the individual's experience with the VA's education benefits processing system; and (4) the individual's employment status and whether such status differs from the individual's status prior to enrolling in the program of education or training. Directs the Secretary to report to the Committees on the results of the survey, including an unedited version of the results submitted, and any recommendations.

Veterans Education Survey Act of 2014

SECTION 1. FINDINGS. The Congress makes the following findings: (1) Michael Ellis DeBakey, M.D. was born on September 7, 1908 in Lake Charles, Louisiana, to Shaker and Raheeja DeBakey. (2) Dr. DeBakey, at the age of 23 and still a medical student, reported a major invention, a roller pump for blood transfusions, which later became a major component of the heart-lung machine used in the first successful open-heart operation. (3) Even though Dr. DeBakey had already achieved a national reputation as an authority on vascular disease and had a promising career as a surgeon and teacher, he volunteered for military service during World War II, joining the Surgeon General's staff and rising to the rank of Colonel and Chief of the Surgical Consultants Division. (4) As a result of this first-hand knowledge of military service, Dr. DeBakey made numerous recommendations for the proper staged management of war wounds, which led to the development of mobile army surgical hospitals or MASH units and earned Dr. DeBakey the Legion of Merit in 1945. (5) After the war, Dr. DeBakey proposed the systematic medical follow-up of veterans and recommended the creation of specialized medical centers in different areas of the United States to treat wounded military personnel returning from war and from this recommendation evolved the Veterans Affairs Medical Center System and the establishment of the Commission on Veterans Medical Problems of the National Research Council. (6) In 1948, Dr. DeBakey joined the Baylor University College of Medicine, where he developed the first surgical residency program in the City of Houston, and today, guided by Dr. DeBakey's vision, the College is one of the most respected health science centers in the Nation. (7) In 1953, Dr. DeBakey performed the first successful procedures to treat patients who suffered aneurysms leading to severe strokes, and he later developed a series of innovative surgical techniques for the treatment of aneurysms enabling thousands of lives to be saved in the years ahead. (8) In 1964, Dr. DeBakey triggered the most explosive era in modern cardiac surgery, when he performed the first successful coronary bypass, once again paving the way for surgeons world-wide to offer hope to thousands of patients who might otherwise succumb to heart disease. (9) Two years later, Dr. DeBakey made medical history again, when he was the first to successfully use a partial artificial heart to solve the problems of a patient who could not be weaned from a heart-lung machine following open-heart surgery. (10) In 1968, Dr. DeBakey supervised the first successful multi-organ transplant, in which a heart, both kidneys, and lung were transplanted from a single donor into 4 separate recipients. (11) In 1964, President Lyndon B. Johnson appointed Dr. DeBakey to the position of Chairman of the President's Commission on Heart Disease, Cancer and Stroke, leading to the creation of Regional Medical Programs established ``to encourage and assist in the establishment of regional cooperative arrangements among medical schools, research institutions, and hospitals, for research and training.''. (12) In the mid-1960's, Dr. DeBakey pioneered the field of telemedicine with the first demonstration of open-heart surgery to be transmitted overseas by satellite. (13) In 1969, Dr. DeBakey was elected the first President of Baylor College of Medicine. (14) In 1969, President Lyndon B. Johnson bestowed on Dr. DeBakey the Presidential Medal of Freedom with Distinction, and in 1985, President Ronald Reagan conferred on him the National Medal of Science. (15) Working with NASA engineers, he refined existing technology to create the DeBakey Ventricular Assist Device, one-tenth the size of current versions, which may eliminate the need for heart transplantation in some patients. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design, to Michael Ellis DeBakey, M.D., in recognition of his many outstanding contributions to the Nation. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.

Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to Michael Ellis DeBakey, M.D. (who performed the first successful coronary bypass, pioneered the field of telemedicine, was elected the first President of Baylor College of Medicine, and received the Presidential Medal of Freedom with Distinction and the National Medal of Science) in recognition of his many outstanding contributions to the Nation.

To award a congressional gold medal to Michael Ellis DeBakey, M.D.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crags, Colorado Land Exchange Act of 2015''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to authorize, direct, expedite and facilitate the land exchange set forth herein; and (2) to promote enhanced public outdoor recreational and natural resource conservation opportunities in the Pike National Forest near Pikes Peak, Colorado via acquisition of the non-Federal land and trail easement. SEC. 3. DEFINITIONS. In this Act: (1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a Colorado corporation. (2) Federal land.--The term ``Federal land'' means all right, title, and interest of the United States in and to approximately 83 acres of land within the Pike National Forest, El Paso County, Colorado, together with a non-exclusive perpetual access easement to BHI to and from such land on Forest Service Road 371, as generally depicted on the map entitled ``Proposed Crags Land Exchange-Federal Parcel-Emerald Valley Ranch'', dated March 2015. (3) Non-federal land.--The term ``non-Federal land'' means the land and trail easement to be conveyed to the Secretary by BHI in the exchange and is-- (A) approximately 320 acres of land within the Pike National Forest, Teller County, Colorado, as generally depicted on the map entitled ``Proposed Crags Land Exchange-Non-Federal Parcel-Crags Property'', dated March 2015; and (B) a permanent trail easement for the Barr Trail in El Paso County, Colorado, as generally depicted on the map entitled ``Proposed Crags Land Exchange-Barr Trail Easement to United States'', dated March 2015, and which shall be considered as a voluntary donation to the United States by BHI for all purposes of law. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, unless otherwise specified. SEC. 4. LAND EXCHANGE. (a) In General.--If BHI offers to convey to the Secretary all right, title, and interest of BHI in and to the non-Federal land, the Secretary shall accept the offer and simultaneously convey to BHI the Federal land. (b) Land Title.--Title to the non-Federal land conveyed and donated to the Secretary under this Act shall be acceptable to the Secretary and shall conform to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal Government. (c) Perpetual Access Easement to BHI.--The nonexclusive perpetual access easement to be granted to BHI as shown on the map referred to in section 3(2) shall allow-- (1) BHI to fully maintain, at BHI's expense, and use Forest Service Road 371 from its junction with Forest Service Road 368 in accordance with historic use and maintenance patterns by BHI; and (2) full and continued public and administrative access and use of FSR 371 in accordance with the existing Forest Service travel management plan, or as such plan may be revised by the Secretary. (d) Route and Condition of Road.--BHI and the Secretary may mutually agree to improve, relocate, reconstruct, or otherwise alter the route and condition of all or portions of such road as the Secretary, in close consultation with BHI, may determine advisable. (e) Exchange Costs.--BHI shall pay for all land survey, appraisal, and other costs to the Secretary as may be necessary to process and consummate the exchange directed by this Act, including reimbursement to the Secretary, if the Secretary so requests, for staff time spent in such processing and consummation. SEC. 5. EQUAL VALUE EXCHANGE AND APPRAISALS. (a) Appraisals.--The values of the lands to be exchanged under this Act shall be determined by the Secretary through appraisals performed in accordance with-- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; (2) the Uniform Standards of Professional Appraisal Practice; (3) appraisal instructions issued by the Secretary; and (4) shall be performed by an appraiser mutually agreed to by the Secretary and BHI. (b) Equal Value Exchange.--The values of the Federal and non- Federal land parcels exchanged shall be equal, or if they are not equal, shall be equalized as follows: (1) Surplus of federal land value.--If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land parcel identified in section 3(3)(A), BHI shall make a cash equalization payment to the United States as necessary to achieve equal value, including, if necessary, an amount in excess of that authorized pursuant to section 206(b) of the Federal Land Policy and Management Act of l976 (43 U.S.C. 1716(b)). (2) Use of funds.--Any cash equalization moneys received by the Secretary under paragraph (1) shall be-- (A) deposited in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a); and (B) made available to the Secretary for the acquisition of land or interests in land in Region 2 of the Forest Service. (3) Surplus of non-federal land value.--If the final appraised value of the non-Federal land parcel identified in section 3(3)(A) exceeds the final appraised value of the Federal land, the United States shall not make a cash equalization payment to BHI, and surplus value of the non- Federal land shall be considered a donation by BHI to the United States for all purposes of law. (c) Appraisal Exclusions.-- (1) Special use permit.--The appraised value of the Federal land parcel shall not reflect any increase or diminution in value due to the special use permit existing on the date of the enactment of this Act to BHI on the parcel and improvements thereunder. (2) Barr trail easement.--The Barr Trail easement donation identified in section 3(3)(B) shall not be appraised for purposes of this Act. SEC. 6. MISCELLANEOUS PROVISIONS. (a) Withdrawal Provisions.-- (1) Withdrawal.--Lands acquired by the Secretary under this Act shall, without further action by the Secretary, be permanently withdrawn from all forms of appropriation and disposal under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1930 (30 U.S.C. 1001 et seq.). (2) Withdrawal revocation.--Any public land order that withdraws the Federal land from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit disposal of the Federal land parcel to BHI. (3) Withdrawal of federal land.--All Federal land authorized to be exchanged under this Act, if not already withdrawn or segregated from appropriation or disposal under the public lands laws upon enactment of this Act, is hereby so withdrawn, subject to valid existing rights, until the date of conveyance of the Federal land to BHI. (b) Postexchange Land Management.--Land acquired by the Secretary under this Act shall become part of the Pike-San Isabel National Forest and be managed in accordance with the laws, rules, and regulations applicable to the National Forest System. (c) Exchange Timetable.--It is the intent of Congress that the land exchange directed by this Act be consummated no later than one year after the date of the enactment of this Act. (d) Maps, Estimates, and Descriptions.-- (1) Minor errors.--The Secretary and BHI may by mutual agreement make minor boundary adjustments to the Federal and non-Federal lands involved in the exchange, and may correct any minor errors in any map, acreage estimate, or description of any land to be exchanged. (2) Conflict.--If there is a conflict between a map, an acreage estimate, or a description of land under this Act, the map shall control unless the Secretary and BHI mutually agree otherwise. (3) Availability.--Upon enactment of this Act, the Secretary shall file and make available for public inspection in the headquarters of the Pike-San Isabel National Forest a copy of all maps referred to in this Act.

. Crags, Colorado Land Exchange Act of 2015 (Sec. 4) This bill directs the Department of Agriculture (USDA), if the Broadmoor Hotel, Inc., (BHI) offers to convey to the USDA 320 acres of specified nonfederal land in the Pike National Forest in Teller County, Colorado, and a permanent trail easement for the Barr Trail in El Paso County, Colorado, to accept the offer and convey to BHI 83 acres of specified federal land within the Forest, together with a non-exclusive perpetual access easement for BHI to and from such land on Forest Service Road 371. The nonexclusive perpetual access easement granted to BHI shall allow: (1) BHI to fully maintain, at its own expense, and use Forest Service Road 371 from its junction with Forest Service Road 368 in accordance with historic BHI use and maintenance patterns; and (2) full and continued public and administrative access and use of FSR 371 in accordance with the existing Forest Service travel management plan, or as it may be revised by USDA. (Sec. 5) The USDA shall determine the values of the lands to be exchanged through appraisals following specified requirements. The values shall be equal, or if they are not equal, equalized as prescribed by this Act. The appraised value of the federal land parcel shall not reflect any increase or diminution in value due to the existing special use permit to BHI on the parcel and its improvements. The Barr Trail easement donation shall not be appraised for purposes of this Act. (Sec. 6) The lands acquired by the USDA under this Act shall, without further USDA action, be permanently withdrawn from all forms of appropriation and disposal under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1930, except to the extent necessary to permit the disposal of the federal land parcel to BHI. The land acquired by the USDA under this Act shall become part of the Pike-San Isabel National Forest. It is the intent of Congress that the land exchange directed by this Act be completed within one year of this Act's enactment.

Crags, Colorado Land Exchange Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nazi Social Security Benefits Termination Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States of America serves as a beacon of refuge to thousands of victims fleeing religious, ethnic, racial, and other forms of persecution around the world and has become the home to thousands of survivors of the Nazi Holocaust. (2) In order to safeguard the integrity of the refugee and asylum system that has provided safety to those who fled the Holocaust, and in order to ensure that those survivors do not have to share their adopted homeland with their former persecutors, the policy of the United States has been that this country should not provide safe haven for those who participated in acts of Nazi persecution. (3) Congress enacted laws specifically to exclude or to remove participants of Nazi persecution from the United States and never intended that those individuals should be entitled to the benefits of citizenship or residency. SEC. 3. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS. (a) In General.--The following paragraphs shall apply notwithstanding any other provision of law: (1) Social security benefits.--A participant in Nazi persecution is not eligible for any benefit under sections 202 or 223 of the Social Security Act (42 U.S.C. 402; 423). (2) Supplemental security income benefits.--A participant in Nazi persecution is not eligible for any benefit under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), including any supplemental payment pursuant to an agreement for Federal administration under section 1616(a) of such Act (42 U.S.C. 1382e) and any payment pursuant to an agreement entered into under section 212 of Public Law 93-66. (b) Participant in Nazi Persecution Defined.--In this Act, the term ``participant in Nazi persecution'' means an individual-- (1) with respect to whom an order admitting the individual to citizenship has been revoked under section 340 of the Immigration and Nationality Act in any case in which such revocation is based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution); or (2) who has lost status as a national of the United States by voluntary renunciation under section 349(a)(5) of the Immigration and Nationality Act pursuant to a settlement agreement entered into with the Attorney General in a matter in which such individual has admitted to conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution). (c) Notification of Disqualification.--As soon as practicable after the Attorney General determines that an individual is a participant in Nazi persecution, the Attorney General shall notify the Commissioner of Social Security of the identity and residence of such individual. (d) Effective Date.--This section shall apply with respect to benefits for months beginning after the date of the enactment of this Act. SEC. 4. REPORT. (a) In General.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Attorney General shall, in cooperation with the Commissioner of Social Security, submit to Congress a report that includes the following with respect to the year preceding the submission of such report-- (1) an identification of the total number of individuals that the Attorney General has determined to be participants in Nazi persecution; (2) an identification of the total number of individuals-- (A) with respect to whom the Attorney General pursued revocation of citizenship under section 340 of the Immigration and Nationality Act based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution) and such revocation was denied; and (B) with respect to whom the Attorney General pursued a settlement agreement with such individual for voluntary renunciation of status as a national of the United States in which such individual admitted to conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution) and such agreement was not completed; (3) an identification of the total number of individuals with respect to whom the Attorney General is actively investigating participation in Nazi persecution; (4) an identification of the total number of individuals with respect to whom the Attorney General has submitted a notification of disqualification to the Commissioner of Social Security as required under section 3(c); and (5) an accounting of the amount and frequency of payments under sections 202 or 223 of the Social Security Act, title XVI of the Social Security Act, or section 212 of Public Law 93-66 that were received by each participant in Nazi persecution prior to the date on which the Commissioner of Social Security received the notification of disqualification for such individual as required under section 3(c).

Nazi Social Security Benefits Termination Act of 2014 - Makes any participant in Nazi persecution ineligible for: (1) Old Age, Survivors and Disability Insurance (OASDI) benefits under title II of the Social Security Act (SSA), and (2) Supplemental Security Income (SSI) benefits under SSA title XVI. Requires the Attorney General (AG), as soon as practicable after determining that an individual is a participant in Nazi persecution, to notify the Commissioner of Social Security of the individual's identity and residence. Directs the AG, in cooperation with the Commissioner, to report to Congress specified information regarding such individuals.

Nazi Social Security Benefits Termination Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Protective Service Reform Act of 1998''. SEC. 2. DESIGNATION OF POLICE OFFICERS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended-- (1) by striking ``special policemen'' each place it appears in the Act and inserting ``police officers''; (2) in section 1 by striking the section heading and inserting the following: ``SECTION 1. POLICE OFFICERS.''; (3) in section 1(b) by striking ``Special policemen'' and inserting ``Police officers''; and (4) in section 5 by striking ``special policeman'' and inserting ``police officer''. SEC. 3. POWERS. (a) In General.--Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is amended-- (1) by inserting ``, and subject to paragraph (3) in any area within 500 feet from such property,'' after ``subsection (a)''; and (2) by inserting before the period at the end the following: ``and shall be concurrent with State and local law enforcement authorities in the area in which the property is located''. (b) Additional Powers.--Section 1(b) of such Act is further amended-- (1) by striking ``Police officers'' and inserting the following: ``(1) In general.--Police officers''; (2) by adding at the end the following: ``(2) Additional powers.--A police officer appointed under this section is authorized-- ``(A) to carry firearms in any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, subject to conditions contained in regulations to be prescribed by the Commissioner of the Federal Protective Service; ``(B) to petition Federal courts for arrest and search warrants and to execute such warrants; ``(C) to arrest an individual without a warrant if the individual commits a crime in the officer's presence or if the officer has probable cause to believe that the individual has committed a crime or is committing a crime; ``(D) to conduct investigations, on and off the property in question, of offenses that have been or may be committed against property under the charge and control of the Administrator or against persons on such property; and ``(E) to coordinate with other law enforcement agencies that have intelligence gathering authority for the protection of persons and property described in subparagraph (D). ``(3) Authority outside federal property.--A police officer appointed under this section is authorized to exercise any power granted under this section in an area that is within 500 feet of an area owned or occupied by the United States and under the charge and control of the Administrator if-- ``(A)(i) the officer reasonably believes that the action is necessary to prevent or stop a felony in progress that threatens life, limb, or property; ``(ii) the felony is being committed in the presence of the officer; and ``(iii) there is insufficient time to contact local law enforcement authorities; or ``(B) there is a known, immediate threat directed at property under the charge and control of the Administrator or against persons on such property.''; and (3) by moving the left margin of paragraph (1), as designated by paragraph (1) of this subsection, so as to appropriately align with paragraphs (2) and (3), as designated by paragraph (2) of this subsection. SEC. 4. PENALTIES. Section 4 of the Act of June 1, 1948 (40 U.S.C. 318c), is amended by striking ``not more $50'' and inserting ``not more than $5,000''. SEC. 5. NONUNIFORMED SPECIAL POLICE OFFICERS. Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended by adding at the end the following: ``Any such special law enforcement officer shall have the same authority outside Federal property as police officers have under section 1(b)(3).''. SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended by adding at the end the following: ``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. ``(a) In General.--The Administrator of General Services shall establish the Federal Protective Service as a separate operating service of the General Services Administration. ``(b) Appointment of Commissioner.-- ``(1) In general.--The Federal Protective Service shall be headed by a Commissioner who shall be appointed by and report directly to the Administrator. ``(2) Qualifications.--The Commissioner shall be appointed from among individuals who have at least 5 years of professional law enforcement experience in a command or supervisory position. ``(c) Duties of the Commissioner.--The Commissioner shall-- ``(1) assist the Administrator in carrying out the duties of the Administrator under this Act; ``(2) serve as the principal law enforcement officer and security official of the United States with respect to the protection of Federal officers and employees in buildings and areas that are owned or occupied by the United States and under the charge and control of the Administrator; and ``(3) render necessary assistance, as determined by the Commissioner, to other Federal, State, and local law enforcement agencies upon request. ``(d) Appointment of Regional Directors and Assistant Commissioners.-- ``(1) In general.--The Commissioner may appoint regional directors and assistant commissioners of the Federal Protective Service. ``(2) Qualifications.--The Commissioner shall select individuals for appointments under paragraph (1) from among individuals who have at least 5 years of direct law enforcement experience, including at least 2 years in a supervisory position. ``(e) Coordination With Public Buildings Service.--The Commissioner shall carry out the duties of the Commissioner in coordination with the Commissioner of the Public Buildings Service.''. (b) Pay Level of Commissioner.--Section 5316 of title 5, United States Code, is amended by inserting after the paragraph relating to the Commissioner of the Public Buildings Service the following: ``Commissioner, Federal Protective Service, General Services Administration.''. SEC. 7. PAY AND BENEFITS. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 7. PAY AND BENEFITS. ``Notwithstanding any other provision of law or any other rule or regulation, the pay and benefits for police officers and criminal investigators in the Federal Protective Service shall be determined in accordance with a pay and benefits package established and maintained by the Administrator of General Services that is equivalent to the pay scale and benefits package applicable to members of the United States Secret Service Uniformed Division. Such pay scale and benefits package shall be established by regulation, shall apply with respect to pay periods beginning after January 1, 1999, and shall not result in a decrease in the pay or benefits of any individual.''. (b) Conforming Amendment.--Section 1(a) of such Act (40 U.S.C. 318(a)), is amended by striking ``without additional compensation''. SEC. 8. NUMBER OF POLICE OFFICERS. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 8. NUMBER OF POLICE OFFICERS. ``(a) Reductions Not Permitted.--After the 1-year period beginning on the date of enactment of this section, there shall be at least 730 full-time equivalent police officers in the Federal Protective Service. This number shall not be reduced unless specifically authorized by law. ``(b) Consolidation of Building Security Forces.-- ``(1) Study.--The Comptroller General of the United States shall conduct a study to determine the feasibility of merging all building security forces of the Executive branch within, and under the supervision of, the Federal Protective Service. ``(2) Report.--Not later than 12 months after the date of enactment of this section, the Comptroller General shall transmit to Congress a report containing the results of the study conducted under paragraph (1).''. SEC. 9. EMPLOYMENT STANDARDS AND TRAINING. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING. ``The Commissioner of Federal Protective Service shall prescribe standards for the contracting of security personnel for buildings and areas that are owned or occupied by the United States and under the charge and control of the Administrator of General Services. Such standards shall ensure that contract personnel receive adequate training and are subject to the same background check requirements as police officers of the Federal Protective Service.''.

Federal Protective Service Reform Act of 1998 - Amends the Act of June 1, 1948, to redesignate special policemen of the General Services Administration (GSA) as police officers. (Sec. 3) Extends the powers of sheriffs and constables granted to such police officers upon Federal property under the GSA Administrator's control to any area within 500 feet from such property and makes such powers concurrent with State and local law enforcement authorities in the area in which the property is located. Empowers such police officers to: (1) carry firearms; (2) petition Federal courts for and execute arrest and search warrants; (3) make arrests without a warrant; and (4) conduct investigations, on and off the property of offenses on such property; and (5) coordinate with other law enforcement agencies that have intelligence gathering authority for the protection of such persons and property. Authorizes police officers to exercise any power granted in such an area if: (1) the officer reasonably believes that the action is necessary to prevent or stop a felony in progress; (2) the felony is being committed in the presence of the officer; and (3) there is a known, immediate threat. (Sec. 4) Increases from $50 to $5,000 the maximum penalty for violations of any rules or regulations with respect to Federal property. (Sec. 5) Empowers nonuniformed special law enforcement officers with the same authority outside Federal property (within 500 feet of a Federal area) as police officers have. (Sec. 6) Directs the Administrator to establish the Federal Protective Service (FPS) as a separate operating service of GSA. Provides for the FPS to be headed by a Commissioner who: (1) shall be appointed by and report directly to the Administrator; and (2) has at least five years of professional law enforcement experience in a command or supervisory position. Requires the Commissioner to: (1) assist the Administrator; (2) serve as the principal U.S. law enforcement officer and security official with respect to the protection of Federal officers and employees in such property; (3) render assistance to other Federal, State, and local law enforcement agencies upon request; and (4) carry out his or her duties in coordination with the Commissioner of the Public Buildings Service. (Sec. 7) Requires FPS police officers' and criminal investigators' pay and benefits to be determined in accordance with a pay and benefits package established by the Administrator that is equivalent to the pay scale and benefits package applicable to U.S. Secret Service Uniformed Division members. (Sec. 8) Requires there to be at least 730 full-time police officers in the FPS one year after the enactment of this Act. Prohibits any reduction in such number of officers unless specifically authorized by law. Directs the Comptroller General to study and report on the feasibility of merging all building security forces of the executive branch within and under the FPS's supervision. (Sec. 9) Directs the Commissioner to prescribe standards for the contracting of security personnel for Federal property. Provides for such standards to ensure that contract personnel receive adequate training and are subject to the same background check requirements as FPS police officers.

Federal Protective Service Reform Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Water Sources Act of 2000''. SEC. 2. GRANTS FOR ALTERNATIVE WATER SOURCE PROJECTS. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following: ``SEC. 220. GRANTS FOR ALTERNATIVE WATER SOURCE PROJECTS. ``(a) In General.--The Administrator may make grants to State, interstate, and intrastate water resource development agencies (including water management districts and water supply authorities), local government agencies, private utilities, and nonprofit entities for alternative water source projects to meet critical water supply needs. ``(b) Eligible Entity.--The Administrator may make grants under this section to an entity only if the entity has authority under State law to develop or provide water for municipal, industrial, and agricultural uses in an area of the State that is experiencing critical water supply needs. ``(c) Selection of Projects.-- ``(1) Limitation.--A project that has received funds under the reclamation and reuse program conducted under the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.) shall not be eligible for grant assistance under this section. ``(2) Additional consideration.--In making grants under this section, the Administrator shall consider whether the project is located within the boundaries of a State or area referred to in section 1 of the Reclamation Act of June 17, 1902 (32 Stat. 385), and within the geographic scope of the reclamation and reuse program conducted under the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.). ``(d) Committee Resolution Procedure.-- ``(1) In general.--No appropriation shall be made for any alternative water source project under this section, the total Federal cost of which exceeds $3,000,000, if such project has not been approved by a resolution adopted by the Committee on Transportation and Infrastructure of the House of Representatives or the Committee on Environment and Public Works of the Senate. ``(2) Requirements for securing consideration.--For purposes of securing consideration of approval under paragraph (1), the Administrator shall provide to a committee referred to in paragraph (1) such information as the committee requests and the non-Federal sponsor shall provide to the committee information on the costs and relative needs for the alternative water source project. ``(e) Uses of Grants.--Amounts from grants received under this section may be used for engineering, design, construction, and final testing of alternative water source projects designed to meet critical water supply needs. Such amounts may not be used for planning, feasibility studies or for operation, maintenance, replacement, repair, or rehabilitation. ``(f) Cost Sharing.--The Federal share of the eligible costs of an alternative water source project carried out using assistance made available under this section shall not exceed 50 percent. ``(g) Reports.-- ``(1) Reports to administrator.--Each recipient of a grant under this section shall submit to the Administrator, not later than 18 months after the date of receipt of the grant and biennially thereafter until completion of the alternative water source project funded by the grant, a report on eligible activities carried out by the grant recipient using amounts from the grant. ``(2) Report to congress.--On or before September 30, 2005, the Administrator shall transmit to Congress a report on the progress made toward meeting the critical water supply needs of the grant recipients under this section. ``(h) Definitions.--In this section, the following definitions apply: ``(1) Alternative water source project.--The term `alternative water source project' means a project designed to provide municipal, industrial, and agricultural water supplies in an environmentally sustainable manner by conserving, managing, reclaiming, or reusing water or wastewater or by treating wastewater. ``(2) Critical water supply needs.--The term `critical water supply needs' means existing or reasonably anticipated future water supply needs that cannot be met by existing water supplies, as identified in a comprehensive statewide or regional water supply plan or assessment projected over a planning period of at least 20 years. ``(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2000 through 2004. Such sums shall remain available until expended.''. SEC. 3. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act (including any amendment made by this Act), it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act (including any amendment made by this Act), the head of each Federal agency shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. (c) Notice of Report.--Any entity which receives funds under this Act shall report any expenditures on foreign-made items to the Congress within 180 days of the expenditure. Passed the House of Representatives May 4, 2000. Attest: Clerk.

Makes projects that have received funds under the reclamation and reuse program under the Reclamation Projects Authorization and Adjustment Act of 1992 ineligible for grant assistance under this Act. Directs the Administrator, in making such grants, to consider whether a project is located within the boundaries of a State or area referred to in the Reclamation Act of June 17, 1902, and within the geographic scope of such reclamation and reuse program.Requires, for projects for which the Federal share of costs exceeds $3 million, approval by a resolution of the House Committee on Transportation and Infrastructure or the Senate Committee on Environment and Public Works.Requires the Administrator to report to Congress on progress made toward meeting the critical water supply needs of grant recipients.Authorizes appropriations.Expresses the sense of Congress, in the case of equipment or products authorized to be purchased with financial assistance provided under this Act, that entities receiving such assistance should, in expending such assistance, purchase only American-made equipment and products. Requires such entities to report any expenditures on foreign-made items to Congress.

Alternative Water Sources Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Security Oversight Improvement Act of 2000''. SEC. 2. FINDINGS. The Congress finds that-- (1) internal Department of Energy oversight of safeguards and security has suffered over the years from inconsistent application, lack of senior management attention, reduced resources, and overlapping and conflicting roles and responsibilities among various Department offices; (2) the Department of Energy is in need of a statutorily- based independent security oversight office with the responsibility to regularly assess the effectiveness of the Department's policy and site performance in the area of safeguards and security, including computer security, and report to the Secretary on such findings annually; (3) the Department of Energy's oversight of security at its sites should be streamlined to reduce overlapping and redundant oversight, to improve accountability, and to ensure greater consistency in application, findings, and reporting of results; and (4) it is appropriate to establish a single, independent security oversight office within the Department of Energy, without prejudice to the continued compliance assurance activities conducted at the Department site level. SEC. 3. OFFICE OF INDEPENDENT SECURITY OVERSIGHT. (a) Office.--The Secretary of Energy shall maintain an Office of Independent Security Oversight, which shall be headed by a Director appointed by the Secretary without regard to political affiliation and solely on the basis of integrity and demonstrated ability in the oversight and evaluation of security for nuclear and classified programs. The Director shall report directly to and be under the general supervision of the Secretary, but the Director shall not report to or be subject to supervision by any other office or officer of the Department of Energy. The Secretary shall not prevent, prohibit, or delay the Director from initiating, carrying out, or completing any inspection, evaluation, or report undertaken pursuant to this Act. Such Office shall be responsible for carrying out the missions and functions described in subsections (c) and (d), but the Office shall have no authority to establish or require the implementation of any change to the policies, programs, or practices of the Department of Energy. (b) Experts and Consultants.--In addition to employees of the Department of Energy, the Director is authorized to utilize such experts and consultants as the Director deems appropriate. For such purposes, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. Upon request of the Director, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Director to assist the Director in carrying out functions under this section. (c) Mission.--The Office of Independent Security Oversight shall be responsible for the independent evaluation of the effectiveness of safeguards and security (including computer security) policies, programs, and practices throughout the Department of Energy, including the National Nuclear Security Administration. The Office shall identify security weaknesses, make recommendations to the Secretary for improvement, and review the effectiveness and timeliness of corrective actions taken by the Department. (d) Functions.--The Office of Independent Security Oversight shall perform the following functions: (1) Conduct regular evaluations of safeguards and security programs at Department of Energy sites that have significant amounts of special nuclear material, classified information, or other security interests. The scope of the evaluations shall include all aspects of safeguards and security, including physical protection of special nuclear material, accountability of special nuclear material, protection of classified and sensitive information, classified and unclassified computer security, personnel security, and interactions with foreign nationals. (2) Issue reports to the Secretary that clearly identify specific findings relating to security weaknesses, and make recommendations for improvement. (3) Perform timely followup reviews to ensure that any corrective actions implemented by the Department are effective. (4) Evaluate and assess Department of Energy policies related to safeguards and security. (5) Develop recommendations and opportunities for improving safeguards and security policies, programs, and practices for submittal to the Secretary. (6) Any other function the Secretary considers appropriate and consistent with the mission described in subsection (c). (e) Timing of Regular Evaluations.-- (1) General rule.--Except as provided in paragraph (2), evaluations conducted under subsection (d)(1) shall occur at least once every 2 years. (2) Computer security evaluations.--Evaluations conducted under subsection (d)(1) with respect to classified and unclassified computer security shall occur at least once every 18 months. (f) Access to Information.--In carrying out this section, the Director shall have access to all records and personnel of the Department concerning its safeguards and security programs, including classified and unclassified computer security programs. SEC. 4. REPORTS. (a) Report by Office.--The Office of Independent Security Oversight shall, before February 15 of each year, transmit to the Secretary of Energy an unclassified report, with a classified appendix if requested or necessary, summarizing the activities of the Office during the immediately preceding calendar year. Such report shall include-- (1) a summary of each significant report made to the Secretary pursuant to this Act during the reporting period, including a description of key security findings contained in those reports; (2) the adequacy of corrective actions, if any, taken by the Department to address significant problems and deficiencies; (3) an identification of each significant problem or deficiency described in previous annual reports on which corrective action has not been effectively completed; (4) a description and explanation of the reasons for any significant revisions to security policy decisions made during the reporting period; and (5) a description of any significant security policy decision with which the Director is in disagreement, along with an explanation of the reasons for disagreement. (b) Report by Secretary.--The Secretary of Energy shall, before March 15 of each year, transmit to the appropriate committees of Congress, without alteration, the Office's annual report submitted under subsection (a), along with an unclassified report, with a classified appendix if requested or necessary, summarizing the Secretary's response thereto. Such report from the Secretary shall include-- (1) a description of the Secretary's response to each significant report and security finding made to the Secretary pursuant to this Act during the reporting period; (2) an explanation of the reasons for any failure on the part of the Department of Energy to remedy security findings identified by the Office in the current annual report and previous annual reports; and (3) to the extent relevant, an explanation of how the President's budget submissions will impact the ability of the Department to remedy unresolved security findings identified by the Office in its annual reports. (c) Public Availability.--Within 60 days after the transmission of the annual reports to the Congress under subsection (b), the Secretary of Energy shall make copies of the unclassified portions of such reports available to the public. (d) Special Reports.--The Director of the Office of Independent Security Oversight shall report immediately to the Secretary of Energy whenever the Director becomes aware of deficiencies relating to the security programs, practices, or operations of the Department of Energy that require an immediate response. The Secretary shall, within 7 calendar days after receiving a report under this subsection, notify the appropriate committees of Congress in writing and explain the corrective actions taken to address such deficiencies. (e) Congressional Testimony and Briefings.--The Director of the Office of Independent Security Oversight, whenever called to testify before any Committee of Congress or to brief its Members or staff, shall provide the Secretary of Energy with advance notice of the subject matter of that testimony or briefing, but shall provide the requested information to the Congress without any further review, clearance, or approval by any other official in the Executive Branch. SECTION 1. SHORT TITLE. This Act may be cited as the ``National Nuclear Security Administration Security Oversight Improvement Act of 2000''. SEC. 2. OFFICE OF INDEPENDENT SECURITY OVERSIGHT. (a) Office Required.--Subtitle B of the National Nuclear Security Administration Act (title XXXII of Public Law 106-65; 113 Stat. 953; 50 U.S.C. 2401 et seq.) is amended by inserting at the end the following new section: ``SEC. 3237. OFFICE OF INDEPENDENT SECURITY OVERSIGHT. ``(a) Office Required.--The Administrator shall maintain an Office of Independent Security Oversight, which shall be headed by a Director appointed by the Administrator without regard to political affiliation and solely on the basis of integrity and demonstrated ability in the oversight and evaluation of security for nuclear and classified programs. The Director shall report directly to and be under the general supervision of the Administrator, but the Director shall not be subject to supervision by any other office or officer of the Administration or of the Department of Energy. Neither the Secretary of Energy nor the Administrator shall prevent, prohibit, or delay the Director from initiating, carrying out, or completing any inspection, evaluation, or report undertaken pursuant to this section or from submitting to the Congress any such report. Such Office shall be responsible for carrying out the missions and functions described in subsections (c) and (d), but the Office shall have no authority to establish or require the implementation of any change to the policies, programs, or practices of the Administration. ``(b) Experts and Consultants.--In addition to employees of the Administration, the Director is authorized to utilize such experts and consultants as the Director deems appropriate. For such purposes, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. Upon request of the Director, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Director to assist the Director in carrying out functions under this section. ``(c) Mission.--The Office of Independent Security Oversight shall be responsible for the independent evaluation of the effectiveness of safeguards and security (including computer security) policies, programs, and practices of the Administration. The Office shall identify security weaknesses, make recommendations to the Administrator for improvement, and review the effectiveness and timeliness of corrective actions taken by the Administration. ``(d) Functions.--The Office of Independent Security Oversight shall perform the following functions: ``(1) Conduct regular evaluations of safeguards and security programs at Administration sites that have significant amounts of special nuclear material, classified information, or other security interests. The scope of the evaluations shall include all aspects of safeguards and security, including physical protection of special nuclear material, accountability of special nuclear material, protection of classified and sensitive information, classified and unclassified computer security, personnel security, and interactions with foreign nationals. ``(2) Issue reports to the Administrator that clearly identify specific findings relating to security weaknesses, and make recommendations for improvement. ``(3) Perform timely followup reviews to assess the effectiveness of any corrective actions implemented by the Administration. ``(4) Evaluate and assess Administration policies related to safeguards and security. ``(5) Develop recommendations and opportunities for improving safeguards and security policies, programs, and practices for submittal to the Administrator. ``(6) Any other function the Administrator considers appropriate and consistent with the mission described in subsection (c). ``(e) Timing of Regular Evaluations.-- ``(1) General rule.--Except as provided in paragraph (2), evaluations conducted under subsection (d)(1) shall occur at least once every two years. ``(2) Computer security evaluations.--Evaluations conducted under subsection (d)(1) with respect to classified and unclassified computer security shall occur at least once every 18 months. ``(f) Access to Information.--In carrying out this section, the Director shall have access to all records and personnel of the Administration concerning its safeguards and security programs, including classified and unclassified computer security programs. ``(g) Report by Office.--The Office of Independent Security Oversight shall, before February 15 of each year, transmit to the Administrator and the Secretary an unclassified report, with a classified appendix if requested or necessary, summarizing the activities of the Office during the immediately preceding calendar year. Such report shall include-- ``(1) a summary of each significant report made to the Administrator pursuant to this section during the reporting period, including a description of key security findings contained in those reports; ``(2) the adequacy of corrective actions, if any, taken by the Administration to address significant problems and deficiencies; ``(3) an identification of each significant problem or deficiency described in previous annual reports on which corrective action has not been effectively completed; and ``(4) a description of any significant security policy decision with which the Director is in disagreement, along with an explanation of the reasons for disagreement. ``(h) Report by Administrator.--The Administrator shall, before March 15 of each year, transmit to the appropriate committees of Congress, without alteration, the Office's annual report submitted under subsection (g), along with an unclassified report, with a classified appendix if requested or necessary, summarizing the Administrator's response thereto. Such report from the Administrator shall include-- ``(1) a description of the Administrator's response to each significant report and security finding made to the Administrator pursuant to this section during the reporting period; ``(2) an explanation of the reasons for any failure on the part of the Administration to remedy security findings identified by the Office in the current annual report and previous annual reports; and ``(3) to the extent relevant, an explanation of how the President's budget submissions will impact the ability of the Administration to remedy unresolved security findings identified by the Office in its annual reports. ``(i) Public Availability.--Within 60 days after the transmission of the annual reports to the Congress under subsection (h), the Administrator shall make copies of the unclassified portions of such reports available to the public. ``(j) Special Reports.--The Director of the Office of Independent Security Oversight shall report immediately to the Administrator whenever the Director becomes aware of deficiencies relating to the security programs, practices, or operations of the Administration that require an immediate response. The Administrator shall, within seven calendar days after receiving a report under this subsection, notify the appropriate committees of Congress in writing and explain the corrective actions taken to address such deficiencies. ``(k) Congressional Testimony and Briefings.--The Director of the Office of Independent Security Oversight, whenever called to testify before a committee of Congress or to brief any Member of Congress or congressional staff, shall provide the Administrator with advance notice of the subject matter of that testimony or briefing, but shall provide the requested information to the Congress without any further review, clearance, or approval by any other official in the Executive Branch.''. (b) Clerical Amendment.--The table of contents at the beginning of such Act is amended by inserting after the item relating to section 3236 the following new item: ``Sec. 3237. Office of Independent Security Oversight.''. Amend the title so as to read: ``A bill to ensure that the National Nuclear Security Administration has appropriate mechanisms to independently assess the effectiveness of its policy and site performance in the areas of safeguards and security and cyber security.''.

Prohibits both the Secretary of Energy and the Administrator from impeding the actions of the Director pursuant to this Act. Denies the Office any authority to establish or require the implementation of any change to Administration policies, programs, or practices. Authorizes the Director to use experts and consultants in addition to DOE employees. Confers responsibility upon such Office for independent evaluations of the effectiveness of Administration: (1) safeguards, security programs at sites that have significant amounts of special nuclear material and other security interests; and (2) computer security evaluations. Cites Office functions. Requires the Office to submit an annual status report to the Administrator and the Secretary of Energy. Instructs the Administrator to transmit such report without alteration to appropriate congressional committees, accompanied by the Administrator's summary response thereto. Instructs the Director to provide the Administrator with advance notice of the subject matter of any testimony or briefing prepared for Congress.

National Nuclear Security Administration Security Oversight Improvement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Beneficiary Freedom To Contract Act of 1997''. SEC. 2. USE OF PRIVATE CONTRACTS BY MEDICARE BENEFICIARIES FOR PROFESSIONAL SERVICES. (a) In General.--Section 1802 of the Social Security Act (42 U.S.C. 1395a) is amended by striking subsection (b), as added by section 4507(a) of the Balanced Budget Act of 1997 (Public Law 105-33), and inserting the following: ``(b) Clarification of Use of Private Contracts by Medicare Beneficiaries for Professional Services.-- ``(1) In general.--Nothing in this title shall prohibit a medicare beneficiary from entering into a private contract with a physician or health care practitioner for the provision of medicare covered professional services (as defined in paragraph (5)(C)) if-- ``(A) the services are covered under a private contract that is between the beneficiary and the physician or practitioner and meets the requirements of paragraph (2); ``(B) under the private contract no claim for payment for services covered under the contract is to be submitted (and no payment made) under part A or B, under a contract under section 1876, or under a Medicare+Choice plan (other than an MSA plan); and ``(C)(i) the Secretary has been provided with the minimum information necessary to avoid any payment under part A or B for services covered under the contract, or ``(ii) in the case of an individual enrolled under a contract under section 1876 or a Medicare+Choice plan (other than an MSA plan) under part C, the eligible organization under the contract or the Medicare+Choice organization offering the plan has been provided the minimum information necessary to avoid any payment under such contract or plan for services covered under the contract. ``(2) Requirements for private contracts.--The requirements in this paragraph for a private contract between a medicare beneficiary and a physician or health care practitioner are as follows: ``(A) General form of contract.--The contract is in writing and is signed by the medicare beneficiary. ``(B) No claims to be submitted for covered services.--The contract provides that no party to the contract (and no entity on behalf of any party to the contract) shall submit any claim for (or request) payment for services covered under the contract under part A or B, under a contract under section 1876, or under a Medicare+Choice plan (other than an MSA plan). ``(C) Scope of services.--The contract identifies the medicare covered professional services and the period (if any) to be covered under the contract, but does not cover any services furnished-- ``(i) before the contract is entered into; or ``(ii) for the treatment of an emergency medical condition (as defined in section 1867(e)(1)(A)), unless the contract was entered into before the onset of the emergency medical condition. ``(D) Clear disclosure of terms.--The contract clearly indicates that by signing the contract the medicare beneficiary-- ``(i) agrees not to submit a claim (or to request that anyone submit a claim) under part A or B (or under section 1876 or under a Medicare+Choice plan, other than an MSA plan) for services covered under the contract; ``(ii) agrees to be responsible, whether through insurance or otherwise, for payment for such services and understands that no reimbursement will be provided under such part, contract, or plan for such services; ``(iii) acknowledges that no limits under this title (including limits under paragraph (1) and (3) of section 1848(g)) will apply to amounts that may be charged for such services; ``(iv) acknowledges that medicare supplemental policies under section 1882 do not, and other supplemental health plans and policies may elect not to, make payments for such services because payment is not made under this title; and ``(v) acknowledges that the beneficiary has the right to have such services provided by (or under the supervision of) other physicians or health care practitioners for whom payment would be made under such part, contract, or plan. Such contract shall also clearly indicate whether the physician or practitioner involved is excluded from participation under this title. ``(3) Modifications.--The parties to a private contract may mutually agree at any time to modify or terminate the contract on a prospective basis, consistent with the provisions of paragraphs (1) and (2). ``(4) No requirements for services furnished to msa plan enrollees.--The requirements of paragraphs (1) and (2) do not apply to any contract or arrangement for the provision of services to a medicare beneficiary enrolled in an MSA plan under part C. ``(5) Definitions.--In this subsection: ``(A) Health care practitioner.--The term `health care practitioner' means a practitioner described in section 1842(b)(18)(C). ``(B) Medicare beneficiary.--The term `medicare beneficiary' means an individual who is enrolled under part B. ``(C) Medicare covered professional services.--The term `medicare covered professional services' means-- ``(i) physicians' services (as defined in section 1861(q), and including services described in section 1861(s)(2)(A)), and ``(ii) professional services of health care practitioners, including services described in section 1842(b)(18)(D), for which payment may be made under part A or B, under a contract under section 1876, or under a Medicare+Choice plan but for the provisions of a private contract that meets the requirements of paragraph (2). ``(D) Medicare+choice plan; msa plan.--The terms `Medicare+Choice plan' and `MSA plan' have the meanings given such terms in section 1859. ``(E) Physician.--The term `physician' has the meaning given such term in section 1861(r).''. (b) Conforming Amendments Clarifying Exemption From Limiting Charge and From Requirement for Submission of Claims.--Section 1848(g) of the Social Security Act (42 U.S.C. 1395w-4(g)) is amended-- (1) in paragraph (1)(A), by striking ``In'' and inserting ``Subject to paragraph (8), in''; (2) in paragraph (3)(A), by striking ``Payment'' and inserting ``Subject to paragraph (8), payment''; (3) in paragraph (4)(A), by striking ``For'' and inserting ``Subject to paragraph (8), for''; and (4) by adding at the end the following new paragraph: ``(8) Exemption from requirements for services furnished under private contracts.-- ``(A) In general.--Pursuant to section 1802(b)(1), paragraphs (1), (3), and (4) do not apply with respect to physicians' services (and services described in section 1861(s)(2)(A)) furnished to an individual by (or under the supervision of) a physician if the conditions described in section 1802(b)(1) are met with respect to the services. ``(B) No restrictions for enrollees in msa plans.-- Such paragraphs do not apply with respect to services furnished to individuals enrolled with MSA plans under part C, without regard to whether the conditions described in subparagraphs (A) through (C) of section 1802(b)(1) are met. ``(C) Application to enrollees in other plans.-- Subject to subparagraph (B) and section 1852(k)(2), the provisions of subparagraph (A) shall apply in the case of an individual enrolled under a contract under section 1876 or under a Medicare+Choice plan (other than an MSA plan) under part C, in the same manner as they apply to individuals not enrolled under such a contract or plan.''. (c) Conforming Amendments.-- (1) Section 1842(b)(18) of the Social Security Act (42 U.S.C. 1395u(b)(18)) is amended by adding at the end the following: ``(E) The provisions of section 1848(g)(8) shall apply with respect to exemption from limitations on charges and from billing requirements for services of health care practitioners described in this paragraph in the same manner as such provisions apply to exemption from the requirements referred to in section 1848(g)(8)(A) for physicians' services.''. (2) Section 1866(a)(1)(O) of such Act (42 U.S.C. 1395cc(a)(1)(O)), as amended by section 4002(e) of the Balanced Budget Act of 1997, is amended by inserting ``(other than under an MSA plan)'' after ``Medicare+Choice organization under part C''. (3) Section 4507(b) of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 441) is amended-- (A) in the matter before paragraph (1), by striking ``on the program under this title of private contracts entered into under the amendment made by subsection (a)'' and inserting ``on title XVIII of the Social Security Act of private contracts permitted under section 1802(b) of such Act''; and (B) in paragraph (2), by striking ``section 1802(b) of such Act (as added by subsection (a))'' and inserting ``such section''. (d) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of section 4507 of the Balanced Budget Act of 1997.

Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.

Medicare Beneficiary Freedom To Contract Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Refinery Expansion Act of 2005''. SEC. 2. 100 PERCENT EXPENSING OR 5-YEAR DEPRECIATION OF COSTS OF REFINERY PROPERTY WHICH INCREASE REFINERY OUTPUT BY AT LEAST 5 PERCENT. (a) Expensing.--Subsection (a) of section 179C of the Internal Revenue Code of 1986 (relating to election to expense certain refineries) is amended to read as follows: ``(a) Treatment as Expenses.-- ``(1) In general.--Except in the case of refinery property to which subsection (e) applies, a taxpayer may elect to treat 50 percent of the cost of qualified refinery property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the qualified refinery property is placed in service. ``(2) Property to which subsection (e) applies.--In the case of refinery property to which subsection (e) applies, a taxpayer may elect to treat 100 percent of the cost of such property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such cost is paid or incurred by the taxpayer.''. (b) 5-Year Depreciation.--Subparagraph (B) of section 168(e)(3) of such Code (relating to classification of property) is amended by striking ``and'' at the end of clause (v), by striking the period at the end clause (vi) and inserting ``, and'', and by inserting after clause (vi) the following new clause: ``(vii) refinery property the cost of which would have been eligible for expensing under section 179C(a)(2) but for the absence of an election under section 179C.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by section 1323 of the Energy Policy Act of 2005. SEC. 3. DEPRECIATION RECOVERY PERIOD FOR OIL AND GAS PIPELINES REDUCED TO 7 YEARS. (a) In General.--Subparagraph (C) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of property) is amended by striking ``and'' at the end of clause (iv), by redesignating clause (v) as clause (vi), and by inserting after clause (iv) the following new clause: ``(v) any oil or natural gas distribution line the original use of which commences with the taxpayer after April 11, 2005, and which is placed in service before January 1, 2011, and''. (b) Conforming Amendments.-- (1) Subparagraph (E) of section 168(e)(3) of such Code is amended by adding ``and'' at the end of clause (vi), by striking ``, and'' at the end of clause (vii) and inserting a period, and by striking clause (viii). (2) The table contained in section 168(g)(3)(B) of such Code (relating to special rule for certain property assigned to classes) is amended-- (A) by striking the item relating to subparagraph (E)(viii), and (B) by inserting after the item relating to subparagraph (C)(vii) the following new item: ``(C)(v).................................................... 35''. (c) Effective Date.--The amendments made by this section shall take effect as if included in section 1325 of the Energy Policy Act of 2005. SEC. 4. 5-YEAR DEPRECIATION RECOVERY PERIOD FOR PETROLEUM STORAGE FACILITIES. (a) In General.--Subparagraph (B) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of property), as amended by section 2, is amended by striking ``and'' at the end of clause (vi), by striking the period at the end clause (vii) and inserting ``, and'', and by inserting after clause (vii) the following new clause: ``(viii) a storage facility (not including a building and its structural components) used in connection with the distribution of petroleum or any primary product of petroleum if-- ``(I) the original use of such facility commences with the taxpayer after the date of the enactment of this clause, and ``(II) such facility is placed in service before January 1, 2011.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. (2) Exception.--The amendments made by this section shall not apply to any property with respect to which the taxpayer or a related party has entered into a binding contract for the construction thereof on or before such date, or, in the case of self-constructed property, has started construction on or before such date. SEC. 5. TEMPORARY SUSPENSION OF DEPRECIATION RECAPTURE ON SECTION 1245 REFINERY PROPERTY. (a) In General.--Subsection (b) of section 1245 of the Internal Revenue Code of 1986 (relating to exceptions and limitations) is amended by adding at the end the following new paragraph: ``(9) Refinery property being upgraded.--Subsection (a) shall not apply to property-- ``(A) which, before the date of the enactment of this paragraph, was used by the taxpayer in the processing liquid fuel from crude oil or qualified fuels (as defined in section 45K(c)) at a refinery located in the United States, ``(B) which is disposed of before January 1, 2012, and ``(C) which is replaced by the taxpayer with upgraded equipment which increases the refinery's overall output, decreases the refinery's pollution output, or results in cleaner-burning fuel.''. (b) Effective Date.--The amendment made by this section shall apply to dispositions after the date of the enactment of this Act in taxable years ending after such date.

Refinery Expansion Act of 2005 - Amends the Internal Revenue Code to: (1) revise the tax deduction for certain liquid fuels refinery property to allow expensing of the entire cost of such property if the property allows for a production capacity increase of five percent or more on an average daily basis; (2) allow, in lieu of such expensing deduction, a five-year recovery period for the depreciation of such refinery property; (3) allow a seven-year recovery period for the depreciation of certain oil and gas distribution lines; and (4) allow a five-year recovery period for the depreciation of certain petroleum storage facilities.

To amend the Internal Revenue Code of 1986 to provide tax incentives for oil refineries, oil and gas pipelines, and petroleum storage facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Development Centers Modernization Act of 2009''. SEC. 2. SMALL BUSINESS DEVELOPMENT CENTERS OPERATIONAL CHANGES. (a) Accreditation Requirement.--Section 21(a)(1) of the Small Business Act (15 U.S.C. 648(a)(1)) is amended as follows: (1) In the proviso, by inserting before ``institution'' the following: ``accredited''. (2) In the sentence beginning ``The Administration shall'', by inserting before ``institutions'' the following: ``accredited''. (3) By adding at the end the following new sentence: ``In this paragraph, the term `accredited institution of higher education' means an institution that is accredited as described in section 101(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)(5)).''. (b) Program Negotiations.--Section 21(a)(3) of the Small Business Act (15 U.S.C. 648(a)(3)) is amended in the matter preceding subparagraph (A), by inserting before ``agreed'' the following: ``mutually''. (c) Contract Negotiations.--Section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) is amended by inserting after ``uniform negotiated'' the following: ``mutually agreed to''. (d) SBDC Hiring.--Section 21(c)(2)(A) of the Small Business Act (15 U.S.C. 648(c)(2)(A)) is amended by inserting after ``full-time staff'' the following: ``, the hiring of which shall be at the sole discretion of the center without the need for input or approval from any officer or employee of the Administration''. (e) Content of Consultations.--Section 21(a)(7)(A) of the Small Business Act (15 U.S.C. 648(a)(7)(A)) is amended in the matter preceding clause (i) by inserting after ``under this section'' the following: ``, or the content of any consultation with such an individual or small business concern,''. (f) Amounts for Administrative Expenses.--Section 21(a)(4)(C)(v)(I) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(v)(I)) is amended to read as follows: ``(I) In general.--Of the amounts made available in any fiscal year to carry out this section, not more than $500,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1).''. (g) Non-matching Portability Grants.--Section 21(a)(4)(C)(viii) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(viii)) is amended by adding at the end the following: ``In the event of a disaster, the dollar limitation in the preceding sentence shall not apply.''. (h) Distribution to SBDCs.--Section 21(b) of the Small Business Act (15 U.S.C. 648(b)) is amended by adding at the end the following new paragraph: ``(4) Limitation on Distribution to Small Business Development Centers.-- ``(A) In general.--Except as otherwise provided in this paragraph, the Administration shall not distribute funds to a Small Business Development Center if the State in which the Small Business Development Center is located is served by more than one Small Business Development Center. ``(B) Unavailability exception.--The Administration may distribute funds to a maximum of two Small Business Development Centers in any State if no applicant has applied to serve the entire State. ``(C) Grandfather clause.--The limitations in this paragraph shall not apply to any State in which more than one Small Business Development Center received funding prior to January 1, 2007. ``(D) Definition.--For the purposes of this paragraph, the term `Small Business Development Center' means the entity selected by the Administration to receive funds pursuant to the funding formula set forth in subsection (a)(4), without regard to the number of sites for service delivery such entity establishes or funds.''. (i) Women's Business Centers.--Section 21(a)(1) of the Small Business Act (15 U.S.C. 648(a)(1)), as amended, is further amended-- (1) by striking ``and women's business centers operating pursuant to section 29''; and (2) by striking ``or a women's business center operating pursuant to section 29''. SEC. 3. ACCESS TO CREDIT AND CAPITAL. Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following new subsection: ``(o) Access to Credit and Capital Program.-- ``(1) In general.--The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to-- ``(A) develop specialized programs to assist local small business concerns in securing capital and repairing damaged credit; ``(B) provide informational seminars on securing credit and loans; ``(C) provide one-on-one counseling with potential borrowers to improve financial presentations to lenders; and ``(D) facilitate borrowers' access to non- traditional financing sources, as well as traditional lending sources. ``(2) Award size limit.--The Administration may not award an entity more than $300,000 in grant funds under this subsection. ``(3) Authority.--Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. ``(4) Authorization.--There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.''. SEC. 4. PROCUREMENT TRAINING AND ASSISTANCE. Section 21 of the Small Business Act (15 U.S.C. 648), as amended, is further amended by adding at the end the following new subsection: ``(p) Procurement Training and Assistance.-- ``(1) In general.--The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to-- ``(A) work with local agencies to identify contracts that are suitable for local small business concerns; ``(B) prepare small businesses to be ready as subcontractors and prime contractors for contracts made available under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) through training and business advisement, particularly in the construction trades; and ``(C) provide technical assistance regarding the Federal procurement process, including assisting small business concerns to comply with federal regulations and bonding requirements. ``(2) Award size limit.--The Administration may not award an entity more than $300,000 in grant funds under this subsection. ``(3) Authority.--Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. ``(4) Authorization of appropriations.--There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.''. SEC. 5. GREEN ENTREPRENEURS TRAINING PROGRAM. Section 21 of the Small Business Act (15 U.S.C. 648), as amended, is further amended by adding at the end the following new subsection: ``(q) Green Entrepreneurs Training Program.-- ``(1) In general.--The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to-- ``(A) provide education classes and one-on-one instruction in starting a business in the fields of energy efficiency, green technology, or clean technology and in adapting a business to include such fields; ``(B) coordinate such classes and instruction, to the extent practicable, with local community colleges and local professional trade associations; ``(C) assist and provide technical counseling to individuals seeking to start a business in the fields of energy efficiency, green technology, or clean technology and to individuals seeking to adapt a business to include such fields; and ``(D) provide services that assist low-income or dislocated workers to start businesses in the fields of energy efficiency, green technology, or clean technology. ``(2) Award size limit.--The Administration may not award an entity more than $300,000 in grant funds under this subsection. ``(3) Authority.--Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. ``(4) Authorization of appropriations.--There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.''. SEC. 6. MAIN STREET STABILIZATION. Section 21 of the Small Business Act (15 U.S.C. 648), as amended, is further amended by adding the following new subsection at the end thereof: ``(r) Main Street Stabilization.-- ``(1) In general.--The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to-- ``(A) establish a statewide small business helpline within every State and United States territory to provide immediate expert information and assistance to small business concerns; ``(B) develop a portfolio of online survival and growth tools and resources that struggling small business concerns can utilize through the Internet; ``(C) develop business advisory capacity to provide expert consulting and education to assist small businesses at-risk of failure and to, in areas of high demand, shorten the response time of small business development centers, and, in rural areas, support added outreach in remote communities; ``(D) deploy additional resources to help specific industry sectors with a high presence of small business concerns, which shall be targeted toward clusters of small businesses with similar needs and build upon best practices from earlier assistance; ``(E) develop a formal listing of financing options for small business capital access; and ``(F) deliver services that help dislocated workers start new businesses. ``(2) Award size limit.--The Administration may not award an entity more than $250,000 in grant funds under this subsection. ``(3) Authority.--Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. ``(4) Authorization.--There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.''. SEC. 7. PROHIBITION ON PROGRAM INCOME BEING USED AS MATCHING FUNDS. Section 21(a)(4)(B) (15 U.S.C. 648(a)(4)(B)) is amended by inserting after ``Federal program'' the following: ``and shall not include any funds obtained through the assessment of fees to small business clients''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by inserting after subsection (e) the following new subsection: ``(f) Small Business Development Centers.--There is authorized to be appropriated to carry out the Small Business Development Center Program under section 21 $150,000,000 for fiscal year 2010 and $160,000,000 for fiscal year 2011.''. SEC. 9. SMALL MANUFACTURERS TRANSITION ASSISTANCE PROGRAM. Section 21 of the Small Business Act (15 U.S.C. 648), as amended, is further amended by adding at the end the following new subsection: ``(s) Small Manufacturers Transition Assistance Program.-- ``(1) In general.--The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to-- ``(A) provide technical assistance and expertise to small manufacturers with respect to changing operations to another industry sector or reorganizing operations to increase efficiency and profitability; ``(B) assist marketing of the capabilities of small manufacturers outside the principal area of operations of such manufacturers; ``(C) facilitate peer-to-peer and mentor-protege relationships between small manufacturers and corporations and Federal agencies; and ``(D) conduct outreach activities to local small manufacturers with respect to the availability of the services described in subparagraphs (A), (B), and (C). ``(2) Definition of small manufacturer.--In this subsection, the term `small manufacturer' means a small business concern engaged in an industry specified in sector 31, 32, or 33 of the North American Industry Classification System in section 121.201 of title 13, Code of Federal Regulations. ``(3) Award size limit.--The Administration may not award an entity more than $250,000 in grant funds under this subsection. ``(4) Authority.--Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. ``(5) Authorization.--There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.''. Passed the House of Representatives November 7, 2009. Attest: LORRAINE C. MILLER, Clerk.

Small Business Development Centers Modernization Act of 2009 - Amends the Small Business Act relating to small business development centers (SBDCs) (centers established through the Small Business Administration [SBA] to provide advisory, operational, and technical assistance to small businesses) to: (1) require institutions of higher education that are provided SBDC grants to be accredited; (2) require SBDC employee hirings to be at the sole discretion of an SBDC without input or approval from SBA officers or employees; (3) eliminate a matching funds requirement with respect to SBDC grant programs conducted in areas in which a disaster has occurred; and (4) allow grant distributions with respect to two or more SBDCs located in the same state only when no applicant has applied to serve the entire state. Directs the Administrator to establish SBDC grant programs for: (1) access to credit and capital; (2) procurement training and assistance; (3) green entrepreneurs training; (4) main street stabilization; and (5) small manufacturers transition (business change or reorganization) assistance. Limits grants to $300,000 per entity ($250,000 with respect to the latter two programs). Authorizes appropriations under each program for FY2010-FY2011. Prohibits funds recovered under an SBDC program through fees assessed to small business clients from being considered matching funds. Authorizes appropriations for the SBDC program for FY2010-FY2011.

To amend the Small Business Act to modernize Small Business Development Centers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Psychiatric and Mental Health Care Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Substance Abuse and Mental Health Services Administration concludes the rate of serious mental illness in American Indians and Alaska Natives is twice that of any other race or ethnicity. (2) The Centers for Disease Control and Prevention concludes the suicide rate among American Indian and Alaska Native youth is more than twice that of any other race or ethnicity. (3) The United States Surgeon General attributes high rates of homelessness, incarceration, alcohol and drug abuse, stress, and trauma as principal causes of mental illness in American Indians and Alaska Natives. (4) The Agency for Healthcare Research and Quality concludes in The National Health Disparity Report, 2011, that American Indians and Alaska Natives had worse care than Whites in 28 measures of health care quality and access. (5) The Indian Health Service reports that per capita spending on personal health care of American Indians and Alaska Natives was $2,741 in 2012--nearly two-thirds below the national average of $7,239. (6) The Department of Health and Human Services, Office of Inspector General, reports that a shortage of psychiatrists at the Indian Health Service and other tribal health facilities significantly limits mental health access to American Indians and Alaska Natives. (7) The One Sky Center, the American Indian/Alaska Native National Resource Center for Substance Abuse and Mental Health Services, identifies 20 psychiatrists currently practicing in Indian country (out of approximately 60,000 psychiatrists practicing nationwide), and 2 Native American psychiatrists currently practicing in Indian country (out of 13 practicing nationwide). (8) According to the American Psychiatric Association, psychiatric physicians practicing in American Indian and Alaska Native population groups often face cultural competency challenges, professional isolation, high demand for medical and mental health services, relatively low compensation, and high burnout rates. (9) A legislative initiative is warranted to create a nationally-replicable workforce model that identifies and incorporates best practices for recruiting, training, deploying, and professionally supporting Native American psychiatric physicians or non-Native American psychiatric physicians (or both), who are fully integrated into existing medical, mental, and behavioral health systems in Indian health programs. SEC. 3. DEMONSTRATION GRANT PROGRAM TO RECRUIT, TRAIN, DEPLOY, AND PROFESSIONALLY SUPPORT PSYCHIATRIC PHYSICIANS IN INDIAN HEALTH PROGRAMS. (a) Establishment.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), in consultation with the Director of the Indian Health Service and demonstration programs established under section 123 of the Indian Health Care Improvement Act (25 U.S.C. 1616p), shall award one 5-year grant to one eligible entity to carry out a demonstration program (in this Act referred to as the ``Program'') under which the eligible entity shall carry out the activities described in subsection (b). (b) Activities To Be Carried Out by Recipient of Grant Under Program.--Under the Program, the grant recipient shall-- (1) create a nationally-replicable workforce model that identifies and incorporates best practices for recruiting, training, deploying, and professionally supporting Native American and non-Native American psychiatric physicians to be fully integrated into medical, mental, and behavioral health systems in Indian health programs; (2) recruit to participate in the Program Native American and non-Native American psychiatric physicians who demonstrate interest in providing specialty health care services (as defined in section 313(a)(3) of the Indian Health Care Improvement Act (25 U.S.C. 1638g(a)(3))) and primary care services to American Indians and Alaska Natives; (3) provide such psychiatric physicians participating in the Program with not more than 1 year of supplemental clinical and cultural competency training to enable such physicians to provide such specialty health care services and primary care services in Indian health programs; (4) with respect to such psychiatric physicians who are participating in the Program and trained under paragraph (3), deploy such physicians to practice specialty care or primary care in Indian health programs for a period of not less than 2 years and professionally support such physicians for such period with respect to practicing such care in such programs; and (5) not later than 1 year after the last day of the 5-year period for which the grant is awarded under subsection (a), submit to the Secretary and to the appropriate committees of Congress a report that shall include-- (A) the workforce model created under paragraph (1); (B) strategies for disseminating the workforce model to other entities with the capability of adopting it; and (C) recommendations for the Secretary and Congress with respect to supporting an effective and stable psychiatric and mental health workforce that serves American Indians and Alaska Natives. (c) Eligible Entities.-- (1) Requirements.--To be eligible to receive the grant under this section, an entity shall-- (A) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (B) be a department of psychiatry within a medical school in the United States that is accredited by the Liaison Committee on Medical Education or a public or private non-profit entity affiliated with a medical school in the United States that is accredited by the Liaison Committee on Medical Education; and (C) have in existence, as of the time of submission of the application under subparagraph (A), a relationship with Indian health programs in at least two States with a demonstrated need for psychiatric physicians and provide assurances that the grant will be used to serve rural and non-rural American Indian and Alaska Native populations in at least two States. (2) Priority in selecting grant recipient.--In awarding the grant under this section, the Secretary shall give priority to an eligible entity that satisfies each of the following: (A) Demonstrates sufficient infrastructure in size, scope, and capacity to undertake the supplemental clinical and cultural competency training of a minimum of 5 psychiatric physicians, and to provide ongoing professional support to psychiatric physicians during the deployment period to an Indian health program. (B) Demonstrates a record in successfully recruiting, training, and deploying physicians who are American Indians and Alaska Natives. (C) Demonstrates the ability to establish a program advisory board, which may be primarily composed of representatives of federally-recognized tribes, Alaska Natives, and Indian health programs to be served by the Program. (d) Eligibility of Psychiatric Physicians To Participate in the Program.-- (1) In general.--To be eligible to participate in the Program, as described in subsection (b), a psychiatric physician shall-- (A) be licensed or eligible for licensure to practice in the State to which the physician is to be deployed under subsection (b)(4); and (B) demonstrate a commitment beyond the one year of training described in subsection (b)(3) and two years of deployment described in subsection (b)(4) to a career as a specialty care physician or primary care physician providing mental health services in Indian health programs. (2) Preference.--In selecting physicians to participate under the Program, as described in subsection (b)(2), the grant recipient shall give preference to physicians who are American Indians and Alaska Natives. (e) Loan Forgiveness.--Under the Program, any psychiatric physician accepted to participate in the Program shall, notwithstanding the provisions of subsection (b) of section 108 of the Indian Health Care Improvement Act (25 U.S.C. 1616a) and upon acceptance into the Program, be deemed eligible and enrolled to participate in the Indian Health Service Loan Repayment Program under such section 108. Under such Loan Repayment Program, the Secretary shall pay on behalf of the physician for each year of deployment under the Program under this section up to $35,000 for loans described in subsection (g)(1) of such section 108. (f) Deferral of Certain Service.--The starting date of required service of individuals in the National Health Service Corps Service Program under title II of the Public Health Service Act (42 U.S.C. 202 et seq.) who are psychiatric physicians participating under the Program under this section shall be deferred until the date that is 30 days after the date of completion of the participation of such a physician in the Program under this section. (g) Definitions.--For purposes of this Act: (1) American indians and alaska natives.--The term ``American Indians and Alaska Natives'' has the meaning given the term ``Indian'' in section 447.50(b)(1) of title 42, Code of Federal Regulations, as in existence as of the date of the enactment of this Act. (2) Indian health program.--The term ``Indian health program'' has the meaning given such term in section 104(12) of the Indian Health Care Improvement Act (25 U.S.C. 1603(12)). (3) Professionally support.--The term ``professionally support'' means, with respect to psychiatric physicians participating in the Program and deployed to practice specialty care or primary care in Indian health programs, the provision of compensation to such physicians for the provision of such care during such deployment and may include the provision, dissemination, or sharing of best practices, field training, and other activities deemed appropriate by the recipient of the grant under this section. (4) Psychiatric physician.--The term ``psychiatric physician'' means a medical doctor or doctor of osteopathy in good standing who has successfully completed four-year psychiatric residency training or who is enrolled in four-year psychiatric residency training in a residency program accredited by the Accreditation Council for Graduate Medical Education. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for each of the fiscal years 2014 through 2018.

Native American Psychiatric and Mental Health Care Improvement Act - Directs the Secretary of Health and Human Services (HHS) to award a five-year grant to one department of psychiatry in, or one non-profit entity affiliated with, an accredited medical school in this country to carry out a demonstration program to recruit, train, deploy, and professionally support psychiatric physicians who agree to provide primary and specialty health care services in Indian health programs for at least two years. Requires the grantee to: (1) create a nationally-replicable workforce model that identifies and incorporates best practices for carrying out such activities, and (2) provide participating psychiatric physicians with up to one year of supplemental clinical and cultural competency training that enables them to provide primary and specialty health care services in Indian health programs. Requires participating psychiatric physicians to: (1) be licensed or eligible for licensure to practice in the state to which they will be deployed; and (2) demonstrate a commitment, beyond the one year of training and two years of deployment, to a career as a specialty care or primary care physician providing mental health services in Indian health programs. Gives a preference to psychiatric physicians who are American Indians or Alaska Natives. Directs the Secretary to make a repayment, under the Indian Health Service Loan Repayment Program, of the educational loans of participating psychiatric physicians for each year of their deployment to an Indian health program.

Native American Psychiatric and Mental Health Care Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Reservation Economic Investment Act of 2001''. SEC. 2. INVESTMENT TAX CREDIT FOR PROPERTY ON INDIAN RESERVATIONS. (a) Allowance of Indian Reservation Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to investment credits) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding after paragraph (3) the following new paragraph: ``(4) the Indian reservation credit.''. (b) Amount of Indian Reservation Credit.-- (1) In general.--Section 48 of such Code (relating to the energy credit and the reforestation credit) is amended by adding after subsection (b) the following new subsection: ``(c) Indian Reservation Credit.-- ``(1) In general.--For purposes of section 46, the Indian reservation credit for any taxable year is the Indian reservation percentage of the qualified investment in qualified Indian reservation property placed in service during such taxable year, determined in accordance with the following table: ``In the case of qualified Indian The Indian reservation percentage reservation property which is-- is-- Reservation personal property................. 10 New reservation construction property......... 15 Reservation infrastructure investment......... 15 ``(2) Qualified investment in qualified indian reservation property defined.--For purposes of this subpart-- ``(A) In general.--The term `qualified Indian reservation property' means property-- ``(i) which is-- ``(I) reservation personal property; ``(II) new reservation construction property; or ``(III) reservation infrastructure investment; and ``(ii) not acquired (directly or indirectly) by the taxpayer from a person who is related to the taxpayer (within the meaning of section 465(b)(3)(C)). The term `qualified Indian reservation property' does not include any property (or any portion thereof) placed in service for purposes of conducting or housing class I, II, or III gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). ``(B) Qualified investment.--The term `qualified investment' means-- ``(i) in the case of reservation infrastructure investment, the amount expended by the taxpayer for the acquisition or construction of the reservation infrastructure investment; and ``(ii) in the case of all other qualified Indian reservation property, the taxpayer's basis for such property. ``(C) Reservation personal property.--The term `reservation personal property' means qualified personal property which is used by the taxpayer predominantly in the active conduct of a trade or business within an Indian reservation. Property shall not be treated as `reservation personal property' if it is used or located outside the Indian reservation on a regular basis. ``(D) Qualified personal property.--The term `qualified personal property' means property-- ``(i) for which depreciation is allowable under section 168; ``(ii) which is not-- ``(I) nonresidential real property; ``(II) residential rental property; or ``(III) real property which is not described in subclause (I) or (II) and which has a class life of more than 12.5 years. For purposes of this subparagraph, the terms `nonresidential real property', `residential rental property', and `class life' have the respective meanings given such terms by section 168. ``(E) New reservation construction property.--The term `new reservation construction property' means qualified real property-- ``(i) which is located in an Indian reservation; ``(ii) which is used by the taxpayer predominantly in the active conduct of a trade or business within an Indian reservation; and ``(iii) which is originally placed in service by the taxpayer. ``(F) Qualified real property.--The term `qualified real property' means property for which depreciation is allowable under section 168 and which is described in subclause (I), (II), or (III) of subparagraph (D)(ii). ``(G) Reservation infrastructure investment.-- ``(i) In general.--The term `reservation infrastructure investment' means qualified personal property or qualified real property which-- ``(I) benefits the tribal infrastructure; ``(II) is available to the general public; and ``(III) is placed in service in connection with the taxpayer's active conduct of a trade or business within an Indian reservation. ``(ii) Property may be located outside the reservation.--Qualified personal property and qualified real property used or located outside an Indian reservation shall be reservation infrastructure investment only if its purpose is to connect to existing tribal infrastructure in the reservation, and shall include, but not be limited to, roads, power lines, water systems, railroad spurs, and communications facilities. ``(H) Coordination with other credits.--The term `qualified Indian reservation property' shall not include any property with respect to which the energy credit or the rehabilitation credit is allowed. ``(3) Real estate rentals.--For purposes of this section, the rental to others of real property located within an Indian reservation shall be treated as the active conduct of a trade or business in an Indian reservation. ``(4) Indian reservation defined.--For purposes of this subpart, the term `Indian reservation' means-- ``(A) a reservation, as defined in section 4(10) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903(10)), or ``(B) lands held under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) by a Native corporation as defined in section 3(m) of such Act (43 U.S.C. 1602(m)). ``(5) Limitation based on unemployment.-- ``(A) General rule.--The Indian reservation credit allowed under section 46 for any taxable year shall equal-- ``(i) if the Indian unemployment rate on the applicable Indian reservation for which the credit is sought exceeds 300 percent of the national average unemployment rate at any time during the calendar year in which the property is placed in service or during the immediately preceding 2 calendar years, 100 percent of such credit; ``(ii) if such Indian unemployment rate exceeds 150 percent but not 300 percent, 50 percent of such credit; and ``(iii) if such Indian unemployment rate does not exceed 150 percent, 0 percent of such credit. ``(B) Special rule for large projects.--In the case of a qualified Indian reservation property which has (or is a component of a project which has) a projected construction period of more than 2 years or a cost of more than $1,000,000, subparagraph (A) shall be applied by substituting `during the earlier of the calendar year in which the taxpayer enters into a binding agreement to make a qualified investment or the first calendar year in which the taxpayer has expended at least 10 percent of the taxpayer's qualified investment, or the preceding calendar year' for `during the calendar year in which the property is placed in service or during the immediately preceding 2 calendar years'. ``(C) Determination of indian unemployment.--For purposes of this paragraph, with respect to any Indian reservation, the Indian unemployment rate shall be based upon Indians unemployed and able to work, and shall be certified by the Secretary of the Interior. ``(6) Coordination with nonrevenue laws.--Any reference in this subsection to a provision not contained in this title shall be treated for purposes of this subsection as a reference to such provision as in effect on the date of the enactment of this paragraph.''. (2) Lodging to qualify.--Paragraph (2) of section 50(b) of such Code (relating to property used for lodging) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``; and'', and by adding at the end the following subparagraph: ``(E) new reservation construction property.''. (c) Recapture.--Subsection (a) of section 50 of such Code (relating to recapture in case of dispositions, etc.), is amended by adding at the end the following new paragraph: ``(6) Special rules for indian reservation property.-- ``(A) In general.--If, during any taxable year, property with respect to which the taxpayer claimed an Indian reservation credit-- ``(i) is disposed of; or ``(ii) in the case of reservation personal property-- ``(I) otherwise ceases to be investment credit property with respect to the taxpayer; or ``(II) is removed from the Indian reservation, converted, or otherwise ceases to be Indian reservation property, the tax under this chapter for such taxable year shall be increased by the amount described in subparagraph (B). ``(B) Amount of increase.--The increase in tax under subparagraph (A) shall equal the aggregate decrease in the credits allowed under section 38 by reason of section 48(c) for all prior taxable years which would have resulted had the qualified investment taken into account with respect to the property been limited to an amount which bears the same ratio to the qualified investment with respect to such property as the period such property was held by the taxpayer bears to the applicable recovery period under section 168(g). ``(C) Coordination with other recapture provisions.--In the case of property to which this paragraph applies, paragraph (1) shall not apply and the rules of paragraphs (3), (4), and (5) shall apply.''. (d) Basis Adjustment To Reflect Investment Credit.--Paragraph (3) of section 50(c) of such Code (relating to basis adjustment to investment credit property) is amended by striking ``energy credit or reforestation credit'' and inserting ``energy credit, reforestation credit, or Indian reservation credit other than with respect to any expenditure for new reservation construction property''. (e) Certain Governmental Use Property To Qualify.--Paragraph (4) of section 50(b) of such Code (relating to property used by governmental units or foreign persons or entities) is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph: ``(D) Exception for reservation infrastructure investment.--This paragraph shall not apply for purposes of determining the Indian reservation credit with respect to reservation infrastructure investment.''. (f) Application of At-Risk Rules.--Subparagraph (C) of section 49(a)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) the qualified investment in qualified Indian reservation property.''. (g) Clerical Amendments.-- (1) Section 48 of such Code is amended by striking the heading and inserting the following: ``SEC. 48. ENERGY CREDIT; REFORESTATION CREDIT; INDIAN RESERVATION CREDIT.''. (2) The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Energy credit; reforestation credit; Indian reservation credit.''. (h) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2001.

Indian Reservation Economic Investment Act of 2001 - Amends the Internal Revenue Code to allow an Indian reservation investment credit based on specified amounts. Includes qualified personal property and qualified real property used or located outside an Indian reservation which is connected to existing tribal infrastructure in the reservation, including roads, power lines, water systems, railroad spurs, and communication facilities as a reservation infrastructure investment. Limits the credit based on the Indian unemployment rate. Provides for recapture of the credit in certain cases.

A bill to amend the Internal Revenue Code of 1986 to provide tax credits for investment in Indian reservation economic development, and for other purposes.

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Year 2000 Readiness Disclosure Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Thousands of computer systems, software programs, and semiconductors are not capable of recognizing certain dates in 1999 and after December 31, 1999, and will read dates in the Year 2000 and thereafter as if they represent the year 1900 or thereafter or will fail to process such dates. This problem and resulting system failures could incapacitate systems that are essential to the functioning of markets, commerce, consumer products, utilities, government, and safety systems in the United States and throughout the world. Reprogramming or replacing affected systems before this problem incapacitates essential systems is a matter of national and global interest. (2) The prompt, candid, and thorough disclosure and exchange of information related to Year 2000 readiness of entities, products, and services would greatly enhance the ability of public and private entities to improve their Year 2000 readiness and, thus, is a matter of national importance and a vital factor in minimizing disruption to the nation's economic well-being and security. (3) Concern about the potential for legal liability associated with the disclosure and exchange of Year 2000 compliance information is impeding the disclosure and exchange of such information. (4) The capability to freely disseminate and exchange information relating to Year 2000 readiness with the public and with other companies without undue concern about litigation is critical to the ability of public and private entities to address Year 2000 needs in a timely manner. (5) The national interest will be served by uniform legal standards in connection with the disclosure and exchange of Year 2000 readiness information that will promote disclosures and exchanges of such information in a timely fashion. (b) Purposes.--Based upon the powers contained in article I, section 8, clause 3 of the United States Constitution, the purposes of this Act are to promote the free disclosure and exchange of information related to Year 2000 readiness and to lessen burdens on interstate commerce by establishing certain uniform legal principles in connection with the disclosure and exchange of information related to Year 2000 readiness. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Year 2000 statement.--The term ``Year 2000 statement'' means any statement-- (A) concerning an assessment, projection, or estimate concerning Year 2000 processing capabilities of any entity, product, or service, or a set of products or services; (B) concerning plans, objectives, or timetables for implementing or verifying the Year 2000 processing capabilities of an entity, a product, or service, or a set of products or services; (C) concerning test plans, test dates, test results, or operational problems or solutions related to Year 2000 processing by-- (i) products; (ii) services that incorporate or utilize products; (D) attesting to, opining on, reviewing, or otherwise commenting on, a Statement constituting a Year 2000 Statement; or (E) otherwise directly or indirectly relating to Year 2000 processing capabilities. (2) Year 2000 readiness disclosure.--The term ``Year 2000 Readiness Disclosure'' means any statement identified on its face as a ``Year 2000 Readiness Disclosure''. (3) Disclosure.--The term ``Disclosure'' means a Year 2000 Readiness Disclosure. (4) Statement.--The term ``Statement'' means any Statement, communication, or other conveyance of information by one party to another or to the public, in any form or medium whatsoever, excluding, for the purposes of actions brought by the Securities and Exchange Commission or the United States under the securities laws, as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), documents or materials filed with the Securities and Exchange Commission or with Federal banking regulators pursuant to section 12(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(i)). (5) Year 2000 processing.--The term ``Year 2000 processing'' means the processing (including calculating, comparing, sequencing, displaying, or storing), transmitting, or receiving of date or date/time data during, from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000, and leap year calculations. (6) Year 2000 internet website.--The term ``Year 2000 Internet Website'' means an Internet website or other similar electronically accessible service, designated on the website or service by the person creating or controlling the website or service as an area where Year 2000 Readiness Disclosures and other information about the Year 2000 processing capabilities of an entity, a product, service, or a set of products or services, are posted or otherwise made accessible to the general public. (7) Covered action.--The term ``covered action'' means any civil action of any kind, whether arising under Federal or State law, except for any civil action arising under Federal or State law brought by a Federal, State, or other public entity, agency, or authority acting in a regulatory, supervisory, or enforcement capacity. (8) Republication.--The term ``republication'' means any repetition of a Statement originally made by another. (9) Consumer.--The term ``consumer'' means a natural person who buys a consumer product other than for purposes of resale. (10) Consumer product.--The term ``consumer product'' means any personal property which is normally used for personal, family, or household purposes. (11) Maker.--The term ``maker'' means any person or entity that-- (A) makes, develops, publishes, transmits, or distributes; (B) assists, contributes to, or otherwise takes part in, making, publishing, transmitting or distributing; or (C) attests to, opines on, reviews, or otherwise comments on any Disclosure. SEC. 4. PROTECTION FOR YEAR 2000 READINESS DISCLOSURES. (a) In General.--In any covered action-- (1) no Year 2000 Readiness Disclosure or any portion thereof shall be admissible unless the proponent of admissibility of the Disclosure establishes, in addition to all other applicable requirements of admissibility, that the Disclosure was material, and-- (A) that the Disclosure was made with-- (i) knowledge that the Disclosure was false or misleading; and (ii) an intent to deceive; or (B) where the Disclosure was or included a republication regarding a third party, that-- (i) the republication was made without a disclosure by the maker that the Disclosure is based on a republication; and (ii) the maker has not verified the original Statement; and (2) to the extent such action is based on an allegedly false, inaccurate, or misleading Year 2000 Statement, the maker of any such Statement shall not be liable under Federal or State law with respect thereto unless the claimant establishes, in addition to all other requisite elements of the applicable action, that the Statement was material, and-- (A) that the Statement was made with-- (i) knowledge that the Statement was false or misleading; and (ii) an intent to deceive; or (B) where the Statement was or included a republication regarding a third party, that-- (i) the Statement was made without a disclosure by the maker that the Statement is based on a republication; and (ii) the maker has not verified the original Statement; and (b) Year 2000 Internet Website.--In any covered action in which the adequacy of notice about Year 2000 processing is at issue, and except as provided by contract, the posting of a notice by the entity purporting to have provided such notice on that entity's Year 2000 Internet Website shall be presumed to be an adequate mechanism for providing such notice. Nothing in this subsection (b) shall-- (1) alter or amend any Federal or State statute or regulation requiring that notice about Year 2000 processing be provided using a different mechanism; (2) create a duty to provide notice about Year 2000 processing; (3) preclude or suggest the use of any other medium for notice about Year 2000 processing or require the use of an Internet Website; or (4) mandate the content or timing of any notices about Year 2000 processing. (c) Limitation on Effect of Year 2000 Readiness Disclosures.--In any covered action, no Year 2000 Readiness Disclosure shall be interpreted or construed as an amendment to, or alteration of, a written contract or written warranty, whether entered into by a public or private party. This subsection shall not apply-- (1) to the extent the party whose Statement is alleged to have amended or altered a contract or warranty has otherwise agreed in writing to so alter or amend the written contract or written warranty; (2) to Year 2000 Readiness Disclosures expressed in a writing that constitutes the written contract or written warranty; or (3) where the contract or warranty specifically provides for its amendment or alteration through the making of a Year 2000 Readiness Disclosure. (d) Special Data Gathering.--A Federal entity, agency, or authority may expressly designate requests for the voluntary provision of information relating to Year 2000 processing (including Year 2000 Readiness Disclosures) as ``Special Year 2000 Data Gathering Requests'' made pursuant to this subsection. Information provided in response to such requests shall be prohibited from disclosure to any third party, including disclosure under section 552 of title 5, United States Code, and may not be used, directly or indirectly, in any civil action arising under any Federal or State law. Nothing in this subsection precludes a Federal entity, agency, or authority from separately obtaining the information submitted in response to this subsection through the use of independent legal authorities and using such separately obtained information in any action. SEC. 5. EXCLUSIONS. (a) Effect on Information Disclosure.--This Act does not affect, abrogate, amend, or alter, and shall not be construed to affect, abrogate, amend, or alter, the authority of a Federal or State entity, agency, or authority to enforce a requirement to provide, disclose, or not to disclose, information under a Federal or State statute or regulation or to enforce such statute or regulation. (b) Contracts and Other Claims.--Except as may be otherwise provided in this Act, this Act does not affect, abrogate, amend, or alter, and shall not be construed to affect, abrogate, amend, or alter, any right by written contract between the plaintiff and the defendant, under any Federal or State law, or affect Statements made directly to a consumer in a writing that constitutes a written contract for the sale of a consumer product by the seller or manufacturer of the consumer product. (c) Duty or Standard of Care.--This Act shall not be deemed to impose upon the maker of any Year 2000 Readiness Disclosure any increased obligation, duty, or standard of care than is otherwise applicable under Federal or State law. This Act does not preclude any party from making or providing any additional disclaimer or like provisions in connection with any Year 2000 Readiness Disclosure. (d) Intellectual Property Rights.--This Act does not affect, abrogate, amend, or alter, and shall not be construed to affect, abrogate, amend, or alter, any right in a patent, copyright, trademark, trade name, or service mark, under any Federal or State law. (e) Injunctive Relief.--Nothing in this Act shall be deemed to preclude a claimant from seeking temporary or permanent injunctive relief with respect to a Year 2000 Readiness Disclosure, subject to the limitations on admissibility imposed by this Act. SEC. 6. APPLICABILITY. This Act shall apply to any Year 2000 Readiness Disclosure made on or after January 1, 1998, through December 31, 2001. SEC. 7. PRIOR WRITTEN DISCLOSURES. Written disclosures regarding Year 2000 readiness made prior to the effective date of this Act and after January 1, 1998, that would otherwise satisfy the requirements of subsection 3(1), may be denominated a Year 2000 Readiness Disclosure if so denominated by a notification within 90 days of the enactment of the Act. Notification may include posting on a Year 2000 Website as defined in subsection 3(6).

Year 2000 Readiness Disclosure Act - Provides that, in any civil action arising under Federal or State law, no Year 2000 Readiness Disclosure (a statement concerning Year 2000 computer compliance information) (Y2K problem) shall be admissible unless the proponent of admissibility establishes that the Disclosure was material and: (1) the Disclosure was made with knowledge of its being false and misleading and with an intent to deceive; or (2) where the Disclosure was a republication of a third party, the republication was made without a disclosure by the maker that the Disclosure is based on a republication and that the maker has not verified the original statement. Provides similar requirements for an action based on an allegedly false, inaccurate, or misleading Year 2000 statement. Provides that, in any covered action in which the adequacy of notice about Year 2000 processing is at issue, and except as provided by contract, the posting of notice by the entity purporting to have provided such notice on that entity's Year 2000 Internet Website shall be presumed to be an adequate mechanism for providing such notice. Prohibits in any covered action a Year 2000 Disclosure from being interpreted or construed as an amendment to or alteration of a written contract or warranty, whether entered into by a public or private party (with exceptions). Authorizes a Federal entity, agency, or authority to expressly designate requests for the voluntary provision of information relating to Year 2000 processing as "Special Year 2000 Data Gathering Requests," thereby protecting information received from such requests from: (1) disclosure to any third party, including disclosure under the Freedom of Information Act; and (2) use in any civil action arising under any Federal or State law (with an exception). Provides exclusions from this Act. Makes this Act applicable to any Year 2000 Disclosure made on or after January 1, 1998, through December 31, 2001. Provides for the treatment of prior written disclosures.

Year 2000 Readiness Disclosure Act

SECTION 1. FINDINGS. Congress makes the following findings: (1) By April 1942, nearly 12,000 soldiers from the United States and 67,000 soldiers from the Philippines based at Bataan, Philippines, had bravely and staunchly fought off enemy attacks for more than 4 months under strenuous conditions that resulted in starvation and disease. (2) By maintaining their position and engaging the enemy for as long as they did, the soldiers at Bataan were able to redefine the momentum of the war and provide other United States and Allied forces throughout the Pacific with time to plan and prepare for subsequent crucial battles. (3) On April 9, 1942, Major General Edward King surrendered the soldiers from the United States and the Philippines into enemy hands. (4) Over the next week, the soldiers from the United States and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be know as the Bataan Death March. (5) During this forced march, thousands of soldiers died, either from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. (6) Within the first 40 days at Camp O'Donnell, 1,600 more prisoners from the United States died. (7) The conditions at the camp were substandard, leading to increased disease and malnutrition among the prisoners. (8) On June 6, 1942, the prisoners from the United States were transferred to Cabanatuan, north of Camp O'Donnell. (9) In July 1942, all prisoners from the Philippines were paroled. (10) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions. (11) The prisoners who remained in these camps were liberated in 1945. (12) Over the subsequent decades, these prisoners formed support groups, were honored in local and State memorials, and told their story to all people of the United States. (13) Many of these soldiers have now passed away, and those who remain continue to tell their story. (14) The people of the United States are forever indebted to these men for-- (A) the courage they demonstrated during the first 4 months of World War II in fighting against enemy soldiers; and (B) the perseverance they demonstrated during 3 years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the soldiers from the United States who were prisoners of war at Bataan, collectively, in recognition of their personal sacrifice and service to their country. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the prisoners of war at Bataan under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly such locations as are associated with the prisoners of war at Bataan. SEC. 3. DUPLICATE MEDALS. (a) Striking of Duplicates.--Under such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 2. (b) Selling of Duplicates.--The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Authorizes the award of a single Congressional Gold Medal to collectively honor the American soldiers who were prisoners of war in Bataan, Philippines, during World War II, in recognition of their personal sacrifice and service to their country. Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with the prisoners of war at Bataan.

A bill to grant the Congressional Gold Medal to the soldiers from the United States who were prisoners of war at Bataan during World War II.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SAVE for Small Businesses Act'' or the ``Savings Accounts for a Variable Economy for Small Businesses Act''. SEC. 2. SMALL BUSINESS SAVINGS ACCOUNTS. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. SMALL BUSINESS SAVINGS ACCOUNTS. ``(a) In General.--Any eligible small business may enter into an agreement with the Secretary under this section to establish a small business savings account with respect to such business under terms which meet the requirements of this section. ``(b) Small Business Savings Accounts.--For purposes of this section, the term `small business savings account' means a tax preferred savings account which is designated at the time of establishment of the plan as a small business savings account. Such designation shall be made in such manner as the Secretary may by regulation prescribe. ``(c) Contributions.-- ``(1) Deduction.--There shall be allowed as a deduction an amount equal to the contributions to a small business savings account for the taxable year. ``(2) Limitation.--The aggregate amount of contributions for any taxable year to all small business savings accounts maintained for the benefit of an eligible small business shall not exceed an amount equal to 10 percent of the gross profits of the business for the preceding taxable year. ``(d) Distributions.-- ``(1) In general.--Any qualified distribution from a small business savings account shall not be includible in gross income. ``(2) Inclusion of nonqualified distributions.--Any amounts distributed out of a small business savings account that are not qualified distributions shall be included in gross income for the taxable year of the distribution. ``(3) Qualified distribution.--For purposes of this subsection-- ``(A) In general.--The term `qualified distribution' means any amount-- ``(i) distributed from a small business savings account during a specified period of economic hardship, and ``(ii) the distribution of which is certified by the taxpayer as part of a plan which provides for the reinvestment of such distribution for the funding of worker hiring or financial stabilization for the purposes of job retention or creation. ``(B) Specified period of economic hardship.--The term `specified period of economic hardship' means-- ``(i) any 1-year period beginning immediately after the end of any 3 consecutive quarters during which the annual rate of real gross domestic product (as determined by the Bureau of Economic Analysis of the Department of Commerce) decreases, or ``(ii) any period, in no event shorter than 1 year, specified by the Administrator of the Small Business Administration for purposes of this section. ``(C) Federally declared disaster areas.--The Administrator of the Small Business Administration may specify a period under subparagraph (B)(ii) with respect to a specified area in the case of an area determined by the President to warrant assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as in effect on the date of the enactment of the SAVE for Small Businesses Act). ``(D) Limitation.--The Administrator of the Small Business Administration shall, in consultation with the Secretary, for each specified period of economic hardship establish a distribution limitation for qualified distributions from eligible small business accounts with respect to such period. The aggregate qualified distributions for any such period from all accounts with respect to an eligible small business shall not exceed such limitation. ``(E) Amounts not used for reinvestment.--Any distribution not used in the manner certified under subparagraph (A)(ii) shall be treated as a distribution other than a qualified distribution in the taxable year of such distribution. ``(F) Eight-year rule.--Any amount contributed to a small business savings account (and any earnings attributable thereto), once distributed, shall not be treated as a qualified distribution unless such distribution is made not later than 8 years after the date of such contribution. For purposes of the preceding sentence, amounts (and the earnings attributable thereto) shall be treated as distributed on a first-in first-out basis. ``(e) Tax Treatment of Account.--Any small business savings account is exempt from taxation under this subtitle A unless such account has ceased to be a small business savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(f) Eligible Small Business.--For purposes of this section-- ``(1) In general.--The term `eligible small business' means, with respect to any calendar year, any person if the annual average number of full-time employees employed by such person during the preceding calendar year was 50 or fewer. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the person was in existence throughout the year. ``(2) Full-time employees.-- ``(A) In general.--The term `full-time employee' means, with respect to any year, an employee who is employed on average at least 40 hours of service per week. ``(B) Hours of service.--The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations, rules, and guidance as may be necessary to determine the hours of service of an employee, including rules for the application of this paragraph to employees who are not compensated on an hourly basis. ``(3) Startups, controlled groups, and predecessors.--Rules similar to the rules of subparagraphs (B) and (D) of section 220(c)(4) shall apply for purposes of this subsection. ``(g) Effect of Pledging Account as Security.--If, during any taxable year of the eligible small business for whose benefit an account is established, the account or any portion thereof is pledged as security for a loan, the portion so pledged shall be treated as distributed in a distribution other than a qualified distribution.''. (b) Small Business Savings Account Programs.-- (1) In general.--The Secretary of the Treasury shall establish a program to administer small business savings accounts under section 7529 of the Internal Revenue Code of 1986. (2) Account standards.--The Secretary shall establish minimum standards for small business savings accounts and shall establish accounts within the Department of the Treasury or enter into agreements with trustees that meet these standards to administer such accounts. In establishing such standards and making such agreements the Secretary shall, to the extent practicable, seek to minimize fees, minimize risk of loss of principal, and ensure a range of investment risk options available to account beneficiaries. (c) Excess Contributions.--Section 4973 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Excess Contributions to Small Business Savings Accounts.--For purposes of this section, in the case of contributions to all small business savings accounts (within the meaning of section 7529(b)) maintained for the benefit of an individual, the term `excess contributions' means the sum of-- ``(1) the excess (if any) of-- ``(A) the amount contributed to such accounts for the taxable year, over ``(B) the amount allowable as a contribution under section 7529(c)(2) for such taxable year, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of-- ``(A) the distributions out of the accounts for the taxable year, and ``(B) the excess (if any) of-- ``(i) the maximum amount allowable as a contribution under section 7529(c)(2) for such taxable year, over ``(ii) the amount contributed to such accounts for such taxable year.''. (d) Clerical Amendment.--The table of sections for chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 7529. Small Business Savings Accounts.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

SAVE for Small Businesses Act or the Savings Accounts for a Variable Economy for Small Businesses Act - Amends the Internal Revenue Code to provide for tax-exempt small business savings accounts. Allows tax deductible contributions to such accounts of not more than 10% of the gross profits of an eligible small business (persons employing an average of 50 or fewer full-time employees) for the preceding taxable year. Excludes qualified distributions from such accounts from gross income for income tax purposes. Defines "qualified distribution" as: (1) any amount that is distributed from a small business savings account during a specified period of economic hardship, and (2) the distribution of which is certified as being part of a plan that provides for the reinvestment of such distribution for the funding of worker hiring or financial stabilization for the purposes of job retention or creation. Directs the Secretary of the Treasury to: (1) establish minimum standards for small business savings accounts that seek to minimize fees and risk of loss of principal, and (2) ensure a range of investment risk options available to account beneficiaries.

Savings Accounts for a Variable Economy for Small Businesses Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``First Rhode Island Regiment Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) During the winter of Valley Forge, from 1777-1778, the Continental Army had difficulty recruiting the necessary quotas of men set by the Congress. (2) At the same time, the State of Rhode Island was ordered to supply two battalions while faced with the occupation of the City of Newport by the British. (3) In January 1778, at the urging of Brigadier General James Varnum, General George Washington wrote to Governor Nicholas Cooke of the State of Rhode Island requesting assistance recruiting men for the Continental Line. (4) On February 14, 1778, the Rhode Island General Assembly voted to allow the enlistment of ``every able-bodied negro, mulatto, or Indian man slave''. (5) In addition, the Rhode Island General Assembly provided that any enlisted slave ``upon his passing muster before Colonel Christopher Greene, be immediately discharged from the service of his master or mistress, and be absolutely free as though he had never been incumbered and be incumbered with any kind of servitude or slavery.''. (6) As a result, between February 1778 and June 1778, Colonel Christopher Greene, Lt. Colonel Jeremiah Olney and Major Samuel Ward recruited almost 200 men of African and Native American descent who formed the core of the First Rhode Island Regiment. (7) The First Rhode Island Regiment became among the first units in American History in which men of every race and ethnicity were recruited to serve. (8) On August 28, 1778, at the Battle of Rhode Island, following an attempted siege of British-occupied Newport along with the newly allied French fleet, the First Rhode Island Regiment acted heroically in holding back Hessian forces and causing them to retreat. (9) During the Battle of Rhode Island, the First Rhode Island Regiment's losses included three killed, nine wounded and eleven missing soldiers. (10) For an additional 5 years, the First Rhode Island Regiment fought bravely to win American independence including at Fort Oswego, Saratoga, and Yorktown. (11) On June 13, 1783, at Saratoga, the First Rhode Island Regiment was demobilized. (12) Their commander, Colonel Jeremiah Olney, praised the Regiment for ``faithfully preserving in the best of causes, in every stage of service, with unexampled fortitude and patience through all the danger and toils of a long and severe war''. (13) Afterwards, some veterans of the First Rhode Island Regiment had to consistently resist efforts at re-enslavement and fought for back wages from the Rhode Island General Assembly. (14) According to the Rhode Island State Archives, the First Rhode Island Regiment included at least the following soldiers: Babcock, Priamus (Primus); Bent, Prince; Bours, Cato; Brown, Priamus (Primus); Burk, Africa; Burroughs, John; Carpenter, Cudgo; Champlin, Dick; Champlin, Jack; Champlin, July; Champlin, Newport; Champlin, Sharper; Champlin, York; Clark, James; Coddington, Jack; Fones, Jack; Gardner, Cuff; Gardner, Hercules; Gardner, Minkl; Gardner, Preamus (Primus); Gardner, Rutter; Gray, Ebenezer; Green, Cuff; Greene, Cato; Greene, Jack; Greene, Pero; Greene, William; Hammond, Prince; Harriss, Cesar; Hazard, Backus; Hazard, Jabin; Hazard, Jacob; Hazard, Peter; Hazard, Peter; Lefavour, Thom; Mason, Warsen; Mawney, Cyrus; Minturn, Jack; Mowrey, Pero; Nichols, Thomas; Perry, Ganset; Phillips, Philow; Pierce, Titus; Potter, David; Randall, Prince; Rhodes, Bristol; Rhodes, Priamus; Rhodes, Richard; Rhodes, Samuel; Richmond, Ebenezer; Robinson, Mingo; Rodman, Isaac; Rodman, Mingo; Rodman, Prince; Rose, Cesar; Saltonstall, Brittain; Saunders, Sampson; Sheldon, Cesar; Slave; Slave; Smith, Juba; Sweeling, Query; Talbot, Sigby; Tanner, Quam; Tillinghast, Cuff; Updike, Cesar; Updike, Moses; Vaughan, Prince; Vernon, Cato; Watson, Fortune; Wells, Cesar; Wickes, Nat; and Willbour, Boston. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to the First Rhode Island Regiment, collectively in recognition of their dedicated service during the Revolutionary War. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the First Rhode Island Regiment of the Revolutionary War under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the First Rhode Island Regiment of the Revolutionary War. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

First Rhode Island Regiment Congressional Gold Medal Act Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to award a Congressional Gold Medal to the First Rhode Island Regiment, collectively, in recognition of their service during the Revolutionary War. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal at a price sufficient to cover the costs of such medals.

First Rhode Island Regiment Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Bill of Rights III''. SEC. 2. BURDEN OF PROOF. (a) In General.--Chapter 76 of the Internal Revenue Code of 1986 (relating to judicial proceedings) is amended by adding at the end the following new subchapter: ``Subchapter E--Burden of Proof ``Sec. 7491. Burden of proof. ``SEC. 7491. BURDEN OF PROOF. ``The Secretary shall have the burden of proof in any court proceeding with respect to any factual issue relevant to ascertaining the tax liability of a taxpayer and the assessment and collection of any such tax.'' (b) Conforming Amendments.-- (1) Section 6201 is amended by striking subsection (d) and redesignating subsection (e) as subsection (d). (2) The table of subchapters for chapter 76 is amended by adding at the end the following new item: ``Subchapter E. Burden of proof.'' (c) Effective Date.--The amendments made by this section shall apply to court proceedings arising in connection with examinations commencing after the date of the enactment of this Act. SEC. 3. TAXPAYER RELIANCE ON ORAL ADVICE PROVIDED BY THE INTERNAL REVENUE SERVICE. (a) In General.--Subsection (f) of section 6404 of the Internal Revenue Code of 1986 is amended-- (1) in the heading, by striking ``Written'', (2) in paragraph (2)(A), by striking ``specific written request'' and inserting ``specific request'', (3) by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Oral requests for advice.--Upon request by a taxpayer, any officer or employee of the Internal Revenue Service who provides advice orally in response to a specific request of the taxpayer shall provide such taxpayer with a transcript or other written evidence of such advice.'' (b) Effective date.--The amendments made by subsection (a) shall apply to advice provided after 180 days after the date of the enactment of this Act. SEC. 4. JEOPARDY. (a) In General.--Section 6861 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Affidavit Requirement.--No assessment may be made under this section unless such assessment is based on affidavits of not less than 2 officers or employees of the Internal Revenue Service. Each such officer or employee shall make an independent evaluation of the situation giving rise to assessment under this section.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to assessments made after the date of the enactment of this Act. SEC. 5. TAXPAYER SUGGESTIONS AND COMPLAINTS WITHOUT RETRIBUTION. (a) Establishment of Office.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate shall establish an office within the Internal Revenue Service to receive taxpayer suggestions and complaints. (b) Confidentiality of Information.--No information identifying a problem within the Internal Revenue Service provided by a taxpayer to the office established under subsection (a) may be used by the Internal Revenue Service, including selecting such taxpayer for audit. SEC. 6. MEDIATION OF TAX DISPUTES. Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate shall establish a mediation service within the Internal Revenue Service. Such service shall, upon request of a taxpayer, provide an individual to mediate disputes between the taxpayer and the Internal Revenue Service regarding tax liability of the taxpayer and the assessment and collection of such tax. SEC. 7. STRICT LIABILITY FOR ERRORS BY THE INTERNAL REVENUE SERVICE. (a) Failure To Release Lien.--Section 7432(a) of the Internal Revenue Code of 1986 (relating to civil damages for failure to release lien) is amended by striking ``knowingly, or by reason of negligence,''. (b) Unauthorized Collection Actions.-- (1) In general.--Section 7433 of such Code (relating to civil damages for certain unauthorized collection actions) is amended to read as follows: ``SEC. 7433. CIVIL DAMAGES FOR UNAUTHORIZED ACTIONS. ``(a) In General.--If, in connection with any collection of Federal tax with respect to a taxpayer, any officer or employee of the Internal Revenue Service disregards any provision of this title, or any regulation promulgated under this title, such taxpayer may bring a civil action for damages against the United States in a district court of the United States. Except as provided in section 7432, such civil action shall be the exclusive remedy for recovering damages resulting from such actions. ``(b) Damages.--In any action brought under subsection (a), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the lesser of $1,000,000 or the sum of-- ``(1) actual, direct economic damages sustained by the plaintiff as a proximate result of the reckless or intentional actions of the officer or employee, and ``(2) the costs of the action. ``(c) Payment Authority.--Claims pursuant to this section shall be payable out of funds appropriated under section 1304 of title 31, United States Code. ``(d) Limitations.-- ``(1) Award for damages may be reduced if administrative remedies not exhausted.--The amount of damages awarded under subsection (b) may be reduced if the court determines that the plaintiff has not exhausted the administrative remedies available to such plaintiff within the Internal Revenue Service. ``(2) Mitigation of damages.--The amount of damages awarded under subsection (b)(1) shall be reduced by the amount of such damages which could have reasonably been mitigated by the plaintiff. ``(3) Period for bringing action.--Notwithstanding any other provision of law, an action to enforce liability created under this section may be brought without regard to the amount in controversy and may be brought only within 2 years after the date the right of action accrues.'' (2) Clerical amendment.--The item in the table of sections for subchapter B of chapter 76 of such Code relating to section 7433 is amended to read as follows: ``Sec. 7433. Civil damages for unauthorized actions.'' (c) Effective Date.--The amendments made by this section shall apply to actions of officers or employees of the Internal Revenue Service after the date of the enactment of this Act. SEC. 8. PROHIBITION ON USE OF RANDOM AUDITS. Section 7602 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Prohibition on Use of Random Audits.--The Secretary shall not use random examination techniques to determine the existence of unreported income of any taxpayer.'' SEC. 9. PERSONAL LIABILITY OF INTERNAL REVENUE SERVICE EMPLOYEES. (a) In General.--Subchapter B of chapter 76 of the Internal Revenue Code of 1986 (relating to proceedings by taxpayers and third parties) is amended by redesignating section 7437 as section 7438 and inserting after section 7436 the following new section: ``SEC. 7437. PERSONAL LIABILITY OF INTERNAL REVENUE SERVICE EMPLOYEES. ``In any proceeding under this title in which the prevailing party (as defined in section 7430) is awarded a judgment for reasonable litigation costs under such section, the court may assess a portion of such costs against any Internal Revenue Service officer or employee, who shall not be reimbursed by the United States for the costs so assessed, if the court determines that such proceeding resulted from actions of such officer or employee outside established Internal Revenue Service protocol.'' (b) Clerical Amendment.--The table of sections for subchapter B of chapter 76 of such Code is amended by striking the item relating to section 7437 and inserting the following: ``Sec. 7437. Personal liability of Internal Revenue Service employees. ``Sec. 7438. Cross References.'' (c) Effective Date.--The amendments made by this section shall apply to actions of officers and employees of the Internal Revenue Service after the date of the enactment of this Act. SEC. 10. PROHIBITION ON USE OF QUOTAS. Officers and employees of the Internal Revenue Service may not establish, and shall not be subject to, any quota regarding the initiation of investigations or otherwise determining the taxpayers found to be delinquent in filing their returns of tax or in remitting their taxes.

Taxpayer Bill of Rights III - Amends the Internal Revenue Code to, among other things: (1) place the burden of proof, with respect to any factual issue relevant to ascertaining tax liability, on the Secretary of the Treasury; (2) require the Internal Revenue Service (IRS), upon the request of a taxpayer, to provide a taxpayer with a written transcript of any oral advice; (3) direct the Secretary to establish an office within the IRS to receive taxpayer suggestions and complaints; (4) direct the Secretary to establish a mediation service within the IRS; (5) prohibit the use of random audits and investigation quotas; and (6) in a court proceeding, make IRS employees personally liable under specified circumstances.

Taxpayer Bill of Rights III

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest Fire Fuels Reduction Act''. SEC. 2. ACTIONS TO ADDRESS FIRE HAZARDS DUE TO INSECT AND DISEASE INFESTATION AND TREE OVERCROWDING IN NATIONAL FOREST SYSTEM LANDS. (a) Findings.--Congress finds the following: (1) Forest health conditions within National Forest System lands are deteriorating and immediate action to cut timber on these lands is in the public interest. (2) Pending litigation prevents timely action to reduce the risk of wildfire in National Forest System lands. (3) Existing administrative and legal processes cannot address the fire danger in time to enable the Secretary of Agriculture to take action to reduce the danger. (4) Immediate action to address the fire danger in an environmentally responsive manner is supported by the States and local governments, local industry users, and some environmental groups. (5) The Forest Service and State and local fire officials are encouraged to take actions as necessary to create a defensible fuel zone within State owned lands adjacent to National Forest System lands. (b) Fire and Insect Risk Reduction in Existing Timber Sale Analysis Areas.-- (1) In general.--Subject to paragraph (2), the Secretary is authorized to cut additional timber within or outside the existing cutting units for National Forest System timber sales and within the analysis areas for these sales as is necessary to reduce insect and disease infestation or fire hazard. (2) Criteria.--In implementing additional timber harvests within the timber sale analysis areas referred to in paragraph (1), the Secretary shall use, in order of priority, the following criteria: (A) Areas within \1/4\ mile of private properties where private property owners have taken or are taking actions to cut timber on their lands. (B) Stands that are a fire hazard or insect and disease infested, and are near private lands or in proximity to communities. (C) Areas that have the highest intensity or concentration of insect or disease infestation that will move to other areas. (D) Stands that are a fire hazard or insect and disease infested, and are near areas of high resource value where retaining green trees is important, such as wildlife habitats, sensitive landscapes, forest growth, recreation areas, and developments. (E) Stands that are a high fire hazard or insect and disease infested, and are within skidding distance of existing roads. (F) Concentrations of insect or disease infested trees or areas that are high fire hazards due to accumulated forest debris. (G) Stands with the highest density that are most susceptible to insect or disease attack and are in close proximity to infested trees. (c) Use of Forest Fire Fuels Reduction Sale Funds.--To conduct timber sales under this section, the Secretary may use forest timber sale funds otherwise available to the Secretary. (d) Sales in Preparation.-- Any timber sale in preparation on the date of the enactment of this Act shall be subject to the provisions of this section. (e) Use of Available Authorities.--The Secretary shall make use of all available authority, including the employment of private contractors and the use of expedited fire contracting procedures, to prepare and advertise timber sales under this section. (f) Exemptions.--The preparation, solicitation, and award of forest fire fuels reduction timber sales shall be exempt from the requirements of the Competition in Contracting Act (41 U.S.C. 253 et seq.) and the implementing regulations in the Federal Acquisition Regulation issued pursuant to section 25(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)) and any departmental acquisition regulations and the notice and publication requirements in section 18 of such Act (41 U.S.C. 416) and 8(e) of the Small Business Act (15 U.S.C. 637(e)) and the implementing regulations in the Federal Acquisition Regulations and any departmental acquisition regulations. (g) Cost Considerations.--Forest fire fuels reduction timber sales undertaken pursuant to this section shall not be precluded because the costs of such activities are likely to exceed the revenues derived from such activities. (h) Effect of Forest Fire Fuels Reduction Timber Sales.--The Secretary shall not substitute forest fires fuels reduction timber sales conducted for planned non-forest fire fuels reduction timber sales. (i) Reforestation of Forest Fire Fuels Reduction Timber Sale Parcels.--The Secretary shall plan and implement reforestation of each parcel of land harvested under a forest fire fuels reduction timber sale conducted as expeditiously as possible after completion of the harvest on the parcel, but in no case later than any applicable restocking period required by law or regulation. (j) Effect on Judicial Decisions.--The Secretary may conduct forest fire fuels reduction timber sales notwithstanding any decision, restraining order, or injunction issued by a United States court before the date of the enactment of this section. (k) Direction To Complete Timber Sales on Lands.--Notwithstanding any other law (including a law under the authority of which any judicial order may be outstanding on or after the date of enactment of this Act), the Secretary shall expeditiously prepare, offer, and award timber sale contracts on Federal lands described in the ``Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl'', signed by the Secretary of the Interior and the Secretary of Agriculture on April 13, 1994. The Secretary may conduct timber sales under this subsection notwithstanding any decision, restraining order, or injunction issued by a United States court before the date of the enactment of this section. The issuance of any regulation pursuant to section 4(d) of the Endangered Species Act of 1973 (16 U.S.C. 1533(d)) to ease or reduce restrictions on non-Federal lands within the range of the northern spotted owl shall be deemed to satisfy the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), given the analysis included in the Final Supplemental Impact Statement on the Management of the Habitat for Late Succession and Old Growth Forest Related Species Within the Range of the Northern Spotted Owl, prepared by the Secretary of Agriculture and the Secretary of the Interior in 1994, which is, or may be, incorporated by reference in the administrative record of any such regulation. The issuance of any such regulation pursuant to section 4(d) of the Endangered Species Act of 1973 (16 U.S.C. 1533(d)) shall not require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (l) Administrative Review.--Forest fire fuels reduction timber sales and any decision of the Secretary concerned in connection with such sales, shall not be subject to administrative review. (m) Judicial Review.-- (1) Place and time of filing.--A forest fire fuels reduction timber sale to be conducted, and a timber sale shall be subject to judicial review only in the United States district court for the district in which the affected Federal lands are located. Any challenge to such sale must be filed in such district court within 15 days after the date of initial advertisement of the challenged sale. The Secretary may not agree to, and a court may not grant, a waiver of the requirements of this paragraph. (2) Effect of filing on agency action.--For 45 days after the date of the filing of a challenge to a forest fire fuels reduction timber sale, the Secretary shall take no action to award the challenged sale. (3) Prohibition on restraining orders, preliminary in- junctions, and relief pending review.--No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to prepare, advertise, offer, award, or operate a forest fire fuels reduction timber sale or any decision to prepare, advertise, offer, award, or operate a timber sale pursuant to this section. Section 705 of title 5, United States Code, shall not apply to any challenge to such a sale. (4) Standard of review.--The courts shall have authority to enjoin permanently, order modification of, or void an individual forest fire fuels reduction timber sale if it is determined by a review of the record that the decision to prepare, advertise, offer, award, or operate such sale was arbitrary and capricious or otherwise not in accordance with applicable law (other than those laws specified in subsection (f) or (p)). (5) Time for decision.--Civil actions filed under this subsection shall be assigned for hearing at the earliest possible date. The court shall render its final decision relative to any challenge within 45 days from the date such challenge is brought, unless the court determines that a longer period of time is required to satisfy the requirement of the United States Constitution. In order to reach a decision within 45 days, the district court may assign all or part of any such case or cases to one or more Special Masters, for prompt review and recommendations to the court. (6) Procedures.--Notwithstanding any other provision of law, the court may set rules governing the procedures of any proceeding brought under this subsection which set page limits on briefs and time limits on filing briefs and motions and other actions which are shorter than the limits specified in the Federal rules of civil or appellate procedure. (7) Appeal.--Any appeal from the final decision of a district court in an action brought pursuant to this subsection shall be filed not later than 30 days after the date of decision. (n) Exclusion of Certain Federal Lands.-- (1) Exclusion.--The Secretary may not select, authorize, or undertake any forest fire fuels reduction timber sale on any excluded lands described in paragraph (2). (2) Description of excluded lands.--The lands referred to in paragraph (1) are as follows: (A) Any area on Federal lands included in the National Wilderness Preservation System. (B) Any roadless area on Federal lands recommended by the Forest Service or Bureau of Land Management for wilderness designation in its most recent land management plan in effect as of the date of the enactment of this Act. (C) Any area on Federal lands on which timber harvesting for any purpose is prohibited by statute. (o) Rule Making.--The Secretary is not required to issue formal rules under section 553 of title 5, United States Code, to implement this section or carry out the authorities provided by this section. (p) Effect on Other Laws.--The documents and procedures required by this section for the preparation, advertisement, offering, awarding, and operation of any forest fire fuels reduction timber sale shall be deemed to satisfy the requirements of the following applicable Federal laws (and regulations implementing such laws): (1) The Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.). (2) The Federal Land Policy and Management Act of 1976(43 U.S.C. 1701 et seq.). (3) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (4) The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (5) The National Forest Management Act of 1976 (16 U.S.C. 472a et seq.). (6) The Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.). (7) Any compact, executive agreement, convention, treaty, and international agreement, and implementing legislation related thereto. (q) Threatened or Endangered Species.--No sale unit shall be released or completed under this subsection if any threatened or endangered bird species is known to be nesting within the acreage that is the subject of the sale unit. (r) Roadless Character.--The actions authorized by this section shall not affect the determination of any area's wilderness capability, wilderness suitability, or roadless character. (s) Reporting.--The Secretary shall report to Congress on the implementation of this section on or by November 30, 2002 and every 6 months thereafter.

National Forest Fire Fuels Reduction Act - Authorizes the Secretary of Agriculture to cut additional timber within or outside existing cutting units for National Forest System timber sales and within related analysis areas to reduce insect infestation or fire hazard. Sets forth treatment priority criteria.Directs the Secretary to complete certain Federal land timber sales within the range of the northern spotted owl.Limits judicial review of forest fire fuels reduction timber sales (sales) to the United States district court for the district in which the affected lands are located.Prohibits sales on Federal lands: (1) included in the National Wilderness Preservation System; (2) with roadless areas recommended for wilderness designation; and (3) on which timber sales are prohibited by statute.Prohibits sale release or completion if any threatened or endangered bird species is nesting within acreage of the sale unit.

To authorize and direct the Secretary of Agriculture to take actions to promptly address the risk of fire and insect infestation in National Forest System lands, and for other purposes.

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

Veterans' Hospital Emergency Repair Act - Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects at Department of Veterans Affairs medical centers for improving, renovating, and updating patient care facilities. Requires the Secretary to use FY 2002 or 2003 appropriated funds for such purpose. Limits to $25 million the cost of any single project. Requires an independent board within the Department to review projects before their selection.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Evidence-Based Policymaking Commission Act of 2016''. SEC. 2. ESTABLISHMENT. There is established in the executive branch a commission to be known as the ``Commission on Evidence-Based Policymaking'' (in this Act referred to as the ``Commission''). SEC. 3. MEMBERS OF THE COMMISSION. (a) Number and Appointment.--The Commission shall be comprised of 15 members as follows: (1) Three shall be appointed by the President, of whom-- (A) one shall be an academic researcher, data expert, or have experience in administering programs; (B) one shall be an expert in protecting personally- identifiable information and data minimization; and (C) one shall be the Director of the Office of Management and Budget (or the Director's designee). (2) Three shall be appointed by the Speaker of the House of Representatives, of whom-- (A) two shall be academic researchers, data experts, or have experience in administering programs; and (B) one shall be an expert in protecting personally- identifiable information and data minimization. (3) Three shall be appointed by the Minority Leader of the House of Representatives, of whom-- (A) two shall be academic researchers, data experts, or have experience in administering programs; and (B) one shall be an expert in protecting personally- identifiable information and data minimization. (4) Three shall be appointed by the Majority Leader of the Senate, of whom-- (A) two shall be academic researchers, data experts, or have experience in administering programs; and (B) one shall be an expert in protecting personally- identifiable information and data minimization. (5) Three shall be appointed by the Minority Leader of the Senate, of whom-- (A) two shall be academic researchers, data experts, or have experience in administering programs; and (B) one shall be an expert in protecting personally- identifiable information and data minimization. (b) Expertise.--In making appointments under this section, consideration should be given to individuals with expertise in economics, statistics, program evaluation, data security, confidentiality, or database management. (c) Chairperson and Co-Chairperson.--The President shall select the chairperson of the Commission and the Speaker of the House of Representatives shall select the co-chairperson. (d) Timing of Appointments.--Appointments to the Commission shall be made not later than 45 days after the date of enactment of this Act. (e) Terms; Vacancies.--Each member shall be appointed for the duration of the Commission. Any vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (f) Compensation.--Members of the Commission shall serve without pay. (g) Travel Expenses.--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. SEC. 4. DUTIES OF THE COMMISSION. (a) Study of Data.--The Commission shall conduct a comprehensive study of the data inventory, data infrastructure, database security, and statistical protocols related to Federal policymaking and the agencies responsible for maintaining that data to-- (1) determine the optimal arrangement for which administrative data on Federal programs and tax expenditures, survey data, and related statistical data series may be integrated and made available to facilitate program evaluation, continuous improvement, policy-relevant research, and cost-benefit analyses by qualified researchers and institutions while weighing how integration might lead to the intentional or unintentional access, breach, or release of personally-identifiable information or records; (2) make recommendations on how data infrastructure, database security, and statistical protocols should be modified to best fulfill the objectives identified in paragraph (1); and (3) make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design. (b) Clearinghouse.--In undertaking the study required by subsection (a), the Commission shall-- (1) consider whether a clearinghouse for program and survey data should be established and how to create such a clearinghouse; and (2) evaluate-- (A) what administrative data and survey data are relevant for program evaluation and Federal policy-making and should be included in a potential clearinghouse; (B) which survey data the administrative data identified in subparagraph (A) may be linked to, in addition to linkages across administrative data series, including the effect such linkages may have on the security of those data; (C) what are the legal and administrative barriers to including or linking these data series; (D) what data-sharing infrastructure should be used to facilitate data merging and access for research purposes; (E) how a clearinghouse could be self-funded; (F) which types of researchers, officials, and institutions should have access to data and what the qualifications of the researchers, officials, and institutions should be; (G) what limitations should be placed on the use of data provided; (H) how to protect information and ensure individual privacy and confidentiality; (I) how data and results of research can be used to inform program administrators and policymakers to improve program design; (J) what incentives may facilitate interagency sharing of information to improve programmatic effectiveness and enhance data accuracy and comprehensiveness; and (K) how individuals whose data are used should be notified of its usages. (c) Report.--Upon the affirmative vote of at least three-quarters of the members of the Commission, the Commission shall submit to the President and Congress a detailed statement of its findings and conclusions as a result of the activities required by subsections (a) and (b), together with its recommendations for such legislation or administrative actions as the Commission considers appropriate in light of the results of the study. (d) Deadline.--The report under subsection (c) shall be submitted not later than the date that is 15 months after the date a majority of the members of the Commission are appointed pursuant to section 3. (e) Definition.--In this section, the term ``administrative data'' means data-- (1) held by an agency or a contractor or grantee of an agency (including a State or unit of local government); and (2) collected for other than statistical purposes. SEC. 5. OPERATION AND POWERS OF THE COMMISSION. (a) Executive Branch Assistance.--The heads of the following agencies shall advise and consult with the Commission on matters within their respective areas of responsibility: (1) The Bureau of the Census. (2) The Internal Revenue Service. (3) The Department of Health and Human Services. (4) The Department of Agriculture. (5) The Department of Housing and Urban Development. (6) The Social Security Administration. (7) The Department of Education. (8) The Department of Justice. (9) The Office of Management and Budget. (10) The Bureau of Economic Analysis. (11) The Bureau of Labor Statistics. (12) Any other agency, as determined by the Commission. (b) Meetings.--The Commission shall meet not later than 30 days after the date upon which a majority of its members have been appointed and at such times thereafter as the chairperson or co-chairperson shall determine. (c) Rules of Procedure.--The chairperson and co-chairperson shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (d) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (e) Contracts.--The Commission may contract with and compensate government and private agencies or persons for any purpose necessary to enable it to carry out this Act. (f) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (g) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. FUNDING. (a) In General.--Subject to subsection (b) and the availability of appropriations-- (1) at the request of the Director of the Census, the agencies identified as ``Principal Statistical Agencies'' in the report, published by the Office of Management and Budget, entitled ``Statistical Programs of the United States Government, Fiscal Year 2015'' shall transfer funds, as specified in advance in appropriations Acts and in a total amount not to exceed $3,000,000, to the Bureau of the Census for purposes of carrying out the activities of the Commission as provided in this Act; and (2) the Bureau of the Census shall provide administrative support to the Commission, which may include providing physical space at, and access to, the headquarters of the Bureau of the Census, located in Suitland, Maryland. (b) Prohibition on New Funding.--No additional funds are authorized to be appropriated to carry out this Act. This Act shall be carried out using amounts otherwise available for the Bureau of the Census or the agencies described in subsection (a)(1). SEC. 7. PERSONNEL. (a) Director.--The Commission shall have a Director who shall be appointed by the chairperson with the concurrence of the co- chairperson. The Director shall be paid at a rate of pay established by the chairperson and co-chairperson, not to exceed the annual rate of basic pay payable for level V of the Executive Schedule (section 5316 of title 5, United States Code). (b) Staff.--The Director may appoint and fix the pay of additional staff as the Director considers appropriate. (c) Experts and Consultants.--The 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. SEC. 8. TERMINATION. The Commission shall terminate not later than 18 months after the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Evidence-Based Policymaking Commission Act of 2016 (Sec. 2) This bill establishes in the executive branch a Commission on Evidence-Based Policymaking. (Sec. 3) The bill provides for a 15 member Commission appointed by the President and congressional leaders with consideration given to individuals with expertise in economics, statistics, program evaluation, data security, confidentiality, or database management. (Sec. 4) The Commission must conduct a comprehensive study of the data inventory, data infrastructure, database security, and statistical protocols related to federal policymaking and the agencies responsible for maintaining that data to: determine the optimal arrangement for which administrative data on federal programs and tax expenditures, survey data, and related statistical data series may be integrated and made available to facilitate program evaluation, continuous improvement, policy-relevant research, and cost-benefit analyses; make recommendations on how data infrastructure, database security, and statistical protocols should be modified to best fulfill those objectives; and make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design. The Commission shall consider whether a clearinghouse for program and survey data should be established and how to create such clearinghouse. The Commission shall evaluate: what administrative data and survey data are relevant for program evaluation and federal policy-making and should be included in a clearinghouse; which survey data such administrative data may be linked to, in addition to linkages across administrative data series; what are the legal and administrative barriers to including or linking these data series; what data-sharing infrastructure should be used to facilitate data merging and access for research purposes; how a clearinghouse could be self-funded; which researchers, officials, and institutions should have access to data; what limitations should be placed on the use of data; how to protect information and ensure individual privacy and confidentiality; how data and results of research can be used to inform program administrators and policymakers to improve program design; what incentives may facilitate interagency sharing of information to improve programmatic effectiveness and enhance data accuracy and comprehensiveness; and how individuals whose data are used should be notified of its usages. The Commission shall, upon the affirmative vote of at least three-quarters of its members, submit to the President and Congress a detailed statement of its findings and conclusions, together with its recommendations for appropriate legislation or administrative actions. (Sec. 5) The following agencies shall advise and consult with the Commission on matters within their respective areas of responsibility: the Bureau of the Census; the Internal Revenue Service; the Social Security Administration; the Departments of Health and Human Services, Agriculture, Housing and Urban Development, Education, and Justice; the Office of Management and Budget; the Bureau of Economic Analysis; and the Bureau of Labor Statistics. (Sec. 6) The agencies identified as Principal Statistical Agencies in the report entitled "Statistical Programs of the United States Government, Fiscal Year 2015," published by the Office of Management and Budget, shall transfer up to $3 million to the Bureau of the Census, upon request, for carrying out the activities of the Commission. The Bureau of the Census shall provide administrative support to the Commission. No additional funds may be authorized to carry out this Act. (Sec. 8) The Commission shall terminate not later than 18 months after enactment of this Act.

Evidence-Based Policymaking Commission Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Orphan Product Extensions Now Accelerating Cures and Treatments Act of 2014''. SEC. 2. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A NEW INDICATION FOR A RARE DISEASE OR CONDITION. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505E of such Act (21 U.S.C. 355f) the following: ``SEC. 505F. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A NEW INDICATION FOR A RARE DISEASE OR CONDITION. ``(a) Designation.-- ``(1) In general.--The Secretary shall designate a drug as a drug approved for a new indication to prevent, diagnose, or treat a rare disease or condition for purposes of granting the extensions under subsection (b) if-- ``(A) prior to approval of an application or supplemental application for the new indication, the drug was approved or licensed for marketing under section 505(c) of this Act or section 351(a) of the Public Health Service Act, but was not so approved or licensed for the new indication; ``(B)(i) the sponsor of the approved or licensed drug files an application or a supplemental application for approval of the new indication for use of the drug to prevent, diagnose, or treat the rare disease or condition; and ``(ii) the Secretary approves the application or supplemental application; and ``(C) the application or supplemental application for the new indication contains the consent of the applicant to notice being given by the Secretary under paragraph (4) respecting the designation of the drug. ``(2) Revocation of designation.-- ``(A) In general.--Except as provided in subparagraph (B), a designation under this subsection shall not be revoked for any reason. ``(B) Exception.--The Secretary may revoke a designation of a drug under paragraph (1) if the Secretary finds that the application or supplemental application resulting in such designation contained an untrue statement of material fact. ``(3) Notification prior to discontinuance of production for solely commercial reasons.--A designation of a drug under paragraph (1) shall be subject to the condition that the sponsor of the drug will notify the Secretary of any discontinuance of the production of the drug for solely commercial reasons at least one year before such discontinuance. ``(4) Notice to public.--Notice respecting the designation of a drug under paragraph (1) shall be made available to the public. ``(b) Extension.--If the Secretary designates a drug as a drug approved for a new indication for a rare disease or condition, as described in subsection (a)(1)-- ``(1)(A) the 4-, 5-, and seven and one-half year periods described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, the 3-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of subsection (j)(5)(F) of section 505, and the 7-year period described in section 527, as applicable, shall be extended by 6 months; or ``(B) the 4- and 12-year periods described in subparagraphs (A) and (B) of section 351(k)(7) of the Public Health Service Act and the 7-year period described in section 527, as applicable, shall be extended by 6 months; and ``(2) if, at the time a drug is designated under subsection (a)(1)-- ``(A) the drug is the subject of a listed patent for which a certification has been submitted under subsection (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of section 505 or a listed patent for which a certification has been submitted under subsections (b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of section 505, the period during which an application may not be approved under section 505(c)(3) or section 505(j)(5)(B) shall be extended by a period of 6 months after the date the patent expires (including any patent extensions); or ``(B) the drug is the subject of a listed patent for which a certification has been submitted under subsection (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of section 505, and in the patent infringement litigation resulting from the certification the court determines that the patent is valid and would be infringed, the period during which an application may not be approved under section 505(c)(3) or section 505(j)(5)(B) shall be extended by a period of 6 months after the date the patent expires (including any patent extensions). ``(c) Relation to Pediatric and Qualified Infectious Disease Product Exclusivity.--Any extension under subsection (b) of a period shall be in addition to any extension of the periods under sections 505A and 505E of this Act and section 351(m) of the Public Health Service Act, as applicable, with respect to the drug. ``(d) Limitations.--The extension described in subsection (b) shall not apply if the drug designated under subsection (a)(1) has previously received an extension by operation of subsection (b). ``(e) Regulations.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, the Secretary shall adopt final regulations implementing this section. ``(2) Procedure.--In promulgating a regulation implementing this section, the Secretary shall-- ``(A) issue a notice of proposed rulemaking that includes the proposed regulation; ``(B) provide a period of not less than 60 days for comments on the proposed regulation; and ``(C) publish the final regulation not less than 30 days before the effective date of the regulation. ``(3) Restrictions.--Notwithstanding any other provision of law, the Secretary shall promulgate regulations implementing this section only as described in paragraph (2), except that the Secretary may issue interim guidance for sponsors seeking to submit an application or supplemental application described in subsection (a) prior to the promulgation of such regulations. ``(4) Designation prior to regulations.--The Secretary shall designate drugs under subsection (a) prior to the promulgation of regulations under this subsection, if such drugs meet the criteria described in subsection (a). ``(f) Definition.--In this section, the term `rare disease or condition' has the meaning given to such term in section 526(a)(2).''. (b) Application.--Section 505F of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies only with respect to a drug for which an application or supplemental application described in subsection (a)(1)(B)(i) of such section 505F is first approved under section 505(c) of such Act (21 U.S.C. 355(c)) or section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) on or after the date of the enactment of this Act. (c) Conforming Amendments.-- (1) Relation to pediatric exclusivity for drugs.--Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) is amended-- (A) in subsection (b), by adding at the end the following: ``(3) Relation to exclusivity for a drug approved for a new indication for a rare disease or condition.--Notwithstanding the references in subsection (b)(1) to the lengths of the exclusivity periods after application of pediatric exclusivity, the 6-month extensions described in subsection (b)(1) shall be in addition to any extensions under section 505F.''; and (B) in subsection (c), by adding at the end the following: ``(3) Relation to exclusivity for a drug approved for a new indication for a rare disease or condition.--Notwithstanding the references in subsection (c)(1) to the lengths of the exclusivity periods after application of pediatric exclusivity, the 6-month extensions described in subsection (c)(1) shall be in addition to any extensions under section 505F.''. (2) Relation to exclusivity for new qualified infectious disease products that are drugs.--Subsection (b) of section 505E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355f) is amended-- (A) by amending the subsection heading to read as follows: ``Relation to Pediatric Exclusivity and Exclusivity for a Drug Approved for a New Indication for a Rare Disease or Condition''; and (B) by striking ``any extension of the period under section 505A'' and inserting ``any extension of the periods under sections 505A or 505F''. (3) Relation to pediatric exclusivity for biological products.--Section 351(m) of the Public Health Service Act (42 U.S.C. 262(m)) is amended by adding at the end the following: ``(5) Relation to exclusivity for a biological product approved for a new indication for a rare disease or condition.--Notwithstanding the references in paragraphs (2)(A), (2)(B), (3)(A), and (3)(B) to the lengths of the exclusivity periods after application of pediatric exclusivity, the 6-month extensions described in such paragraphs shall be in addition to any extensions under section 505F.''.

Orphan Product Extensions Now Accelerating Cures and Treatments Act of 2014 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to extend by six months the exclusivity period for a drug or biological product approved by the Food and Drug Administration (FDA) when the product is additionally approved to prevent, diagnose, or treat a new indication that is a rare disease or condition (also known as an “orphan disease”). Allows the Secretary to revoke an extension if the application submitted to the FDA for the new indication contained an untrue material statement. Requires the sponsor of a product receiving an extension to notify HHS one year prior to discontinuing production for commercial reasons. Requires the Secretary to notify the public of products that receive this extension. Limits a product to one extension under this Act. Sets forth that extensions under this Act are in addition to other extensions. Applies only to products approved after enactment of this Act for a new indication that is a rare disease or condition.

Orphan Product Extensions Now Accelerating Cures and Treatments Act of 2014