FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puppies Assisting Wounded Servicemembers Act of 2017'' or the ``PAWS Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the analysis of veteran suicide published by the Department of Veterans Affairs in August 2016 and titled ``Suicide Among Veterans and Other Americans''-- (A) an average of 20 veterans died by suicide each day in 2014; (B) mental health disorders, including major depression and other mood disorders, have been associated with increased risk for suicide; (C) since 2001, the proportion of users of the Veterans Health Administration with mental health conditions or substance use disorders has increased from approximately 27 percent in 2001 to more than 40 percent in 2014; and (D) overall, suicide rates are highest among patients with mental health and substance use disorder diagnoses who are in treatment and lower among those who received a mental health diagnoses but were not at risk enough to require enhanced care from a mental health provider. (2) The Department of Veterans Affairs must be more effective in its approach to reducing the burden of veteran suicide connected to mental health disorders, including post- traumatic stress disorder, and a pilot program and study to assess the benefits of pairing service dogs with veterans suffering from mental health disorders would allow the Department to better determine the efficacy of using service dogs as a nontraditional therapy to ensure the well-being of veterans. (3) Pairing a service dog with a veteran costs approximately $25,000, including with respect to training of the service dog as well as training of the veteran with the service dog. SEC. 3. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM TO PROVIDE GRANTS FOR THE PROVISION OF SERVICE DOGS TO CERTAIN VETERANS WITH SEVERE POST-TRAUMATIC STRESS DISORDER. (a) Grants.--The Secretary of Veterans Affairs shall carry out a pilot program under which the Secretary provides a $25,000 grant to an eligible organization for each veteran referred to that organization for a service dog pairing. (b) Benefits Provided.-- (1) In general.--An organization that receives a grant under subsection (a) shall provide the following for each service dog and veteran participating in the pilot program: (A) Coverage of a commercially available veterinary health insurance policy to maintain the health of the dog and keep the dog functioning in the prescribed role for the life of the dog. (B) Hardware, or repairs or replacements for hardware, that are clinically determined to be required by the dog to perform the tasks necessary to assist the veteran with the diagnosed disorder of the veteran. (C) Payments for travel expenses for the veteran to obtain the dog, calculated in the same manner as similar travel expenses provided pursuant to section 111 of title 38, United States Code. (2) Other travel expenses.--If a veteran is required to replace a service dog provided pursuant to a grant under this section, the Secretary shall pay for the travel expenses described in paragraph (1)(C) required to obtain a new service dog pursuant to subsection (c)(3), regardless of any other benefits the veteran is receiving for the first service dog under this section. (c) Eligible Organizations.--To be eligible to receive a grant under this section, an organization shall-- (1) be a nonprofit organization that provides trained service dogs-- (A) that-- (i) is certified by Assistance Dogs International; (ii) on average, provides one-on-one training for each service dog and recipient for 30 hours or more over 90 days or more; (iii) provides a wellness verification from a licensed veterinarian for each service dog; (iv) provides an in-house residential facility, or other accommodations nearby, in which service dog recipients stay for a minimum of 10 days while receiving at least 30 hours of training with their new service dog; (v) ensures all service dogs pass the American Kennel Club Community Canine test and the ADI Public Access Test prior to permanent placement with a recipient; and (vi) provides follow-up support service for the life of the service dog, to include a contact plan between the veteran and organization to allow-- (I) the veteran to reach out for and receive adequate help with the service dog; and (II) the organization to communicate with the veteran to ensure that the service dog is being properly cared for; or (B) that meets the Association of Service Dog Providers for Military Veterans Service Dog Agency Standards that cater to the unique needs of veterans with post-traumatic stress disorder; (2) agree to cover all costs in excess of the grant amount to guarantee the benefits listed under subsection (b)(1); (3) agree to reaccept or replace the service dog the organization provided to the veteran, if necessary, as determined by the organization and the veteran; and (4) submit to the Secretary an application containing such information, certification, and assurances as the Secretary may require. (d) Eligible Veterans.-- (1) In general.--The Secretary of Veterans Affairs shall review and approve veterans eligible to participate under this section and shall refer approved veterans to eligible organizations. The period beginning on the date on which a veteran applies to participate under this section and the date on which the Secretary makes an approval determination may not exceed 90 days. (2) Initial eligibility.--For purposes of this section, an eligible veteran is a veteran who is enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code, and-- (A) has been treated and has completed an established evidence-based treatment for post-traumatic stress disorder yet remains diagnosed with post- traumatic stress disorder by a qualified health care provider as rated on the post-traumatic stress disorder checklist (PCL-5); (B) the health care provider or clinical team of the Department of Veterans Affairs that is treating the veteran for such disorder determines based upon medical judgment that the veteran may potentially benefit from a service dog; and (C) agrees to successfully complete training provided by an eligible organization pursuant to subsection (c). (3) Ongoing eligibility.--To remain eligible to participate in the pilot program, a veteran shall see the health care provider or clinical team of the Department of Veterans Affairs treating the veteran for such a disorder at least every six months to determine, based on a clinical evaluation of efficacy, whether the veteran continues to benefit from a service dog. (4) Other cases.--If at any point, the veteran is no longer able or willing to care for the service dog, the organization that provided the service dog and the veteran shall determine the appropriate recourse to ensure the safety of both the veteran and the service dog. (e) Relationship to Department of Veterans Affairs Benefits.--The provision of a service dog to a veteran under this section is in addition to any other hospital care or medical service furnished by the Department for that veteran for post-traumatic stress disorder, and an improvement in symptoms as a result of the provision of a service dog shall not affect the eligibility of the veteran for any other benefit under the laws administered by the Secretary. (f) Metrics.--In carrying out this section, the Secretary shall-- (1) develop metrics and other appropriate means to measure, with respect to veterans participating in the pilot program, the improvement in psychosocial function and therapeutic compliance of such veterans and changes with respect to the dependence on prescription narcotics and psychotropic medication of such veterans; and (2) establish processes to document and track the progress of such veterans under the pilot program in terms of the benefits and improvements noted as a result of the pilot program. (g) GAO Briefing and Study.-- (1) Briefing.--Not later than one year after the date on which the Secretary commences the pilot program under subsection (a), the Comptroller General of the United States shall provide to the Committees on Veterans' Affairs of the House of Representatives and the Senate a briefing on the methodology established for the pilot program. (2) Report.--Not later than 270 days after the date on which the pilot program terminates, the Comptroller General shall submit to the committees specified in paragraph (1) a report on the pilot program. Such report shall include an evaluation of the approach and methodology used for the pilot program with respect to-- (A) helping veterans with severe post-traumatic stress disorder return to civilian life; (B) relevant metrics, including reduction in metrics such as reduction in scores under the post- traumatic stress disorder checklist (PCL-5), improvement in psychosocial function, and therapeutic compliance; and (C) reducing the dependence of participants on prescription narcotics and psychotropic medication. (h) Authorization of Appropriations.--There is authorized to be appropriated for the period of fiscal year 2018 through fiscal year 2023, $10,000,000 to carry out the pilot program under this section. (i) Offset.--The amounts otherwise authorized to be appropriated for Department of Veterans Affairs Office of Human Resources and Administration for the period of fiscal year 2018 through fiscal year 2023 shall be reduced by $10,000,000. (j) Termination.--The authority to carry out a pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act. An eligible veteran in possession of a service dog furnished under the pilot program as of the termination of the pilot program may keep the service dog after the termination of the program for the life of the dog.

Puppies Assisting Wounded Servicemembers Act of 2017 or the PAWS Act of 2017 This bill directs the Department of Veterans Affairs (VA) to carry out a five-year pilot program under which it provides grants to eligible nonprofit organizations to provide service dogs to veterans who suffer from post-traumatic stress disorder after completing other evidence-based treatment. An organization that receives a grant shall provide for each participating service dog and veteran: coverage by a commercially available veterinary health insurance policy, hardware clinically determined to be required by the dog to perform the tasks necessary to assist the veteran, payments for travel expenses to obtain the dog, and travel expenses required to obtain a replacement service dog. To be eligible for a grant, an organization must: (1) agree to cover all costs in excess of the grant amount to guarantee such benefits, (2) be certified by Assistance Dogs International, (3) provide one-on-one training for each service dog and recipient for 30 hours or more over 90 days or more, and (4) provide an in-house residential facility or other accommodations nearby in which service dog recipients stay for a minimum of 10 days while receiving at least 30 hours of training. The VA shall develop metrics to measure the improvement in psychosocial function and therapeutic compliance and changes independence on prescription narcotics and psychotropic medication of veterans participating in the program. The Government Accountability Office must report to Congress on the methodology used for the pilot program.

Puppies Assisting Wounded Servicemembers Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Holding Company Tax Repeal Act of 2004''. SEC. 2. REPEAL OF PERSONAL HOLDING COMPANY TAX. (a) In General.--Part II of subchapter G of chapter 1 of the Internal Revenue Code of 1986 (relating to personal holding companies) is hereby repealed. (b) Conforming Amendments.-- (1) Section 12(2) of such Code is amended to read as follows: ``(2) For accumulated earnings tax, see part I of subchapter G (sec. 531 and following).''. (2) Section 26(b)(2) of such Code is amended by striking subparagraph (G) and by redesignating the succeeding subparagraphs accordingly. (3) Section 30A(c) of such Code is amended by striking paragraph (3), by inserting ``or'' at the end of paragraph (2), and by redesignating paragraph (4) as paragraph (3). (4) Section 41(e)(7)(E) of such Code is amended by adding ``and'' at the end of clause (i), by striking clause (ii), and by redesignating clause (iii) as clause (ii). (5) Section 56(b)(2) of such Code is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (6) Section 170(e)(4)(D) of such Code is amended by adding ``and'' at the end of clause (i), by striking clause (ii), and by redesignating clause (iii) as clause (ii). (7) Section 111(d) of such Code is amended to read as follows: ``(d) Special Rules for Accumulated Earnings Tax.--In applying subsection (a) for the purpose of determining the accumulated earnings tax under section 531-- ``(1) any excluded amount under subsection (a) allowed for purposes of this subtitle (other than section 531) shall be allowed whether or not such amount resulted in a reduction of the tax under section 531 for the prior taxable year, and ``(2) where any excluded amount under subsection (a) was not allowed as a deduction for the prior taxable year for purposes of this subtitle other than section 531 but was allowable for the same taxable year under section 531, then such excluded amount shall be allowable if it did not result in a reduction of the tax under section 531.''. (8)(A) Section 316(b) of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (B) Section 331(b) of such Code is amended by striking ``(other than a distribution referred to in paragraph (2)(B) of section 316(b))''. (9) Section 341(d) of such Code is amended-- (A) by striking ``section 544(a)'' and inserting ``section 465(f)'', and (B) by inserting before the period at the end of the next to the last sentence ``and such paragraph (2) shall be applied by inserting `by or for his partner' after `his family'''. (10) Section 381(c) of such Code is amended by striking paragraphs (14) and (17). (11) Section 443(e) of such Code is amended by striking paragraph (2) and by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (12) Section 447(g)(4)(A) of such Code is amended by striking ``other than--'' and all that follows and inserting ``other than an S corporation.'' (13)(A) Section 465(a)(1)(B) of such Code is amended to read as follows: ``(B) a C corporation which is closely held,''. (B) Section 465(a)(3) of such Code is amended to read as follows: ``(3) Closely held determination.--For purposes of paragraph (1), a corporation is closely held if, at any time during the last half of the taxable year, more than 50 percent in value of its outstanding stock is owned, directly or indirectly, by or for not more than 5 individuals. For purposes of this paragraph, an organization described in section 401(a), 501(c)(17), or 509(a) or a portion of a trust permanently set aside or to be used exclusively for the purposes described in section 642(c) shall be considered an individual.'' (C) Section 465 of such Code is amended by adding at the end the following new subsection: ``(f) Constructive Ownership Rules.--For purposes of subsection (a)(3)-- ``(1) Stock not owned by individual.--Stock owned, directly or indirectly, by or for a corporation, partnership, estate, or trust shall be considered as being owned proportionately by its shareholders, partners, or beneficiaries. ``(2) Family ownership.--An individual shall be considered as owning the stock owned, directly or indirectly, by or for his family. For purposes of this paragraph, the family of an individual includes only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants. ``(3) Options.--If any person has an option to acquire stock, such stock shall be considered as owned by such person. For purposes of this paragraph, an option to acquire such an option, and each one of a series of such options, shall be considered as an option to acquire such stock. ``(4) Application of family and option rules.--Paragraphs (2) and (3) shall be applied if, but only if, the effect is to make the corporation closely held under subsection (a)(3). ``(5) Constructive ownership as actual ownership.--Stock constructively owned by a person by reason of the application of paragraph (1) or (3), shall, for purposes of applying paragraph (1) or (2), be treated as actually owned by such person; but stock constructively owned by an individual by reason of the application of paragraph (2) shall not be treated as owned by him for purposes of again applying such paragraph in order to make another the constructive owner of such stock. ``(6) Option rule in lieu of family rule.--If stock may be considered as owned by an individual under either paragraph (2) or (3) it shall be considered as owned by him under paragraph (3). ``(7) Convertible securities.--Outstanding securities convertible into stock (whether or not convertible during the taxable year) shall be considered as outstanding stock if the effect of the inclusion of all such securities is to make the corporation closely held under subsection (a)(3). The requirement under the preceding sentence that all convertible securities must be included if any are to be included shall be subject to the exception that, where some of the outstanding securities are convertible only after a later date than in the case of others, the class having the earlier conversion date may be included although the others are not included, but no convertible securities shall be included unless all outstanding securities having a prior conversion date are also included.'' (D) Section 465(c)(7)(B) of such Code is amended by striking clause (i) and by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (E) Section 465(c)(7)(G) of such Code is amended to read as follows: ``(G) Loss of 1 member of affiliated group may not offset income of personal service corporation.--Nothing in this paragraph shall permit any loss of a member of an affiliated group to be used as an offset against the income of any other member of such group which is a personal service corporation (as defined in section 269A(b) but determined by substituting `5 percent' for `10 percent' in section 269A(b)(2)).'' (14) Sections 508(d), 4947, and 4948(c)(4) of such Code are each amended by striking ``545(b)(2),'' each place it appears. (15) Section 532(b) of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. (16) Sections 535(b)(1) and 556(b)(1) of such Code are each amended by striking ``section 541'' and inserting ``section 541 (as in effect before its repeal)''. (17)(A) Section 553(a)(1) of such Code is amended by striking ``section 543(d)'' and inserting ``subsection (c)''. (B) Section 553 of such Code is amended by adding at the end the following new subsection: ``(c) Active Business Computer Software Royalties.-- ``(1) In general.--For purposes of subsection (a), the term `active business computer software royalties' means any royalties-- ``(A) received by any corporation during the taxable year in connection with the licensing of computer software, and ``(B) with respect to which the requirements of paragraphs (2), (3), (4), and (5) are met. ``(2) Royalties must be received by corporation actively engaged in computer software business.--The requirements of this paragraph are met if the royalties described in paragraph (1)-- ``(A) are received by a corporation engaged in the active conduct of the trade or business of developing, manufacturing, or producing computer software, and ``(B) are attributable to computer software which-- ``(i) is developed, manufactured, or produced by such corporation (or its predecessor) in connection with the trade or business described in subparagraph (A), or ``(ii) is directly related to such trade or business. ``(3) Royalties must constitute at least 50 percent of income.--The requirements of this paragraph are met if the royalties described in paragraph (1) constitute at least 50 percent of the ordinary gross income of the corporation for the taxable year. ``(4) Deductions under sections 162 and 174 relating to royalties must equal or exceed 25 percent of ordinary gross income.-- ``(A) In general.--The requirements of this paragraph are met if-- ``(i) the sum of the deductions allowable to the corporation under sections 162, 174, and 195 for the taxable year which are properly allocable to the trade or business described in paragraph (2) equals or exceeds 25 percent of the ordinary gross income of such corporation for such taxable year, or ``(ii) the average of such deductions for the 5-taxable year period ending with such taxable year equals or exceeds 25 percent of the average ordinary gross income of such corporation for such period. If a corporation has not been in existence during the 5-taxable year period described in clause (ii), then the period of existence of such corporation shall be substituted for such 5-taxable year period. ``(B) Deductions allowable under section 162.--For purposes of subparagraph (A), a deduction shall not be treated as allowable under section 162 if it is specifically allowable under another section. ``(C) Limitation on allowable deductions.--For purposes of subparagraph (A), no deduction shall be taken into account with respect to compensation for personal services rendered by the 5 individual shareholders holding the largest percentage (by value) of the outstanding stock of the corporation. For purposes of the preceding sentence individuals holding less than 5 percent (by value) of the stock of such corporation shall not be taken into account.'' (18) Section 561(a) of such Code is amended by striking paragraph (3), by inserting ``and'' at the end of paragraph (1), and by striking '', and'' at the end of paragraph (2) and inserting a period. (19) Section 562(b) of such Code is amended to read as follows: ``(b) Distributions in Liquidation.--Except in the case of a foreign personal holding company described in section 552-- ``(1) in the case of amounts distributed in liquidation, the part of such distribution which is properly chargeable to earnings and profits accumulated after February 28, 1913, shall be treated as a dividend for purposes of computing the dividends paid deduction, and ``(2) in the case of a complete liquidation occurring within 24 months after the adoption of a plan of liquidation, any distribution within such period pursuant to such plan shall, to the extent of the earnings and profits (computed without regard to capital losses) of the corporation for the taxable year in which such distribution is made, be treated as a dividend for purposes of computing the dividends paid deduction. For purposes of paragraph (1), a liquidation includes a redemption of stock to which section 302 applies. Except to the extent provided in regulations, the preceding sentence shall not apply in the case of any mere holding or investment company which is not a regulated investment company.'' (20) Section 563 of such Code is amended by striking subsection (b). (21) Section 564 of such Code is hereby repealed. (22) Section 631(c) of such Code is amended by striking ``or section 545(b)(5)''. (23) Section 852(b)(1) of such Code is amended by striking ``which is a personal holding company (as defined in section 542) or''. (24)(A) Section 856(h)(1) of such Code is amended to read as follows: ``(1) In general.--For purposes of subsection (a)(6), a corporation, trust, or association is closely held if the stock ownership requirement of section 465(a)(3) is met.'' (B) Section 856(h)(3)(A)(i) of such Code is amended by striking ``section 542(a)(2)'' and inserting ``section 465(a)(3)''. (C) Paragraph (3) of section 856(h) of such Code is amended by striking subparagraph (B) and by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (D) Subparagraph (C) of section 856(h)(3) of such Code, as redesignating by the preceding subparagraph, is amended by striking ``subparagraph (C)'' and inserting ``subparagraph (B)''. (25) The last sentence of section 882(c)(2) of such Code is amended to read as follows: ``The preceding sentence shall not be construed to deny the credit provided by section 33 for tax withheld at source or the credit provided by section 34 for certain uses of gasoline.''. (26) Section 936(a)(3) of such Code is amended by striking subparagraph (C), by inserting ``or'' at the end of subparagraph (B), and by redesignating subparagraph (D) as subparagraph (C). (27) Section 992(d) of such Code is amended by striking paragraph (2) and by redesignating succeeding paragraphs accordingly. (28) Section 992(e) of such Code is amended by striking ``and section 541 (relating to personal holding company tax)''. (29) Section 1202(e)(8) of such Code is amended by striking ``section 543(d)(1)'' and inserting ``section 553(c)(1)''. (30) Section 1362(d)(3)(C)(iii) of such Code is amended by adding at the end the following new sentence: ``References to section 542 in the preceding sentence shall be treated as references to such section as in effect on the day before its repeal.'' (31) Section 1504(c)(2)(B) of such Code is amended by adding ``and'' at the end of clause (i), by striking clause (ii), and by redesignating clause (iii) as clause (ii). (32) Section 2057(e)(2)(C) of such Code is amended by adding at the end the following new sentence: ``References to sections 542 and 543 in the preceding sentence shall be treated as references to such sections as in effect on the day before their repeal.'' (33) Sections 6422 of such Code is amended by striking paragraph (3) and by redesignating paragraphs (4) through (12) and paragraphs (3) through (11), respectively. (34) Section 6501 of such Code is amended by striking subsection (f). (35) Section 6503(k) of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (36) Section 6515 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively. (37) Subsections (d)(1)(B) and (e)(2) of section 6662 of such Code are each amended by striking ``or a personal holding company (as defined in section 542)''. (38) Section 6683 of such Code is hereby repealed. (c) Clerical Amendments.-- (1) The table of parts for subchapter G of chapter 1 of such Code is amended by striking the item relating to part II. (2) The table of sections for part IV of such subchapter G of such Code is amended by striking the item relating to section 564. (3) The table of sections for part I of subchapter B of chapter 68 of such Code is amended by striking the item relating to section 6683. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Personal Holding Company Tax Repeal Act of 2004 - Amends the Internal Revenue Code to repeal the tax on personal holding companies.

To amend the Internal Revenue Code of 1986 to repeal the tax on personal holding companies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Research in Aquaculture Opportunity and Responsibility Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Aquatic species.--The term ``aquatic species'' means all species that are propagated, reared, or grown in salt or brackish water, including finfish, mollusks, crustaceans, algae, and all forms of marine life, other than sea turtles, marine mammals, and birds. (2) Coastal state.--The term ``coastal State'' means-- (A) a State in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, or Long Island Sound; and (B) Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territories of the Pacific Islands, and American Samoa. (3) Coastline.--The term ``coastline'' means the line of ordinary low water along that portion of the coast that is in direct contact with the open sea and the line marking the seaward limit of inland waters. (4) Exclusive economic zone.-- (A) Definition.--The term ``exclusive economic zone'' means, unless otherwise specified by the President in the public interest in a writing published in the Federal Register, a zone, the outer boundary of which is 200 nautical miles from the baseline from which the breadth of the territorial sea is measured, except as established by a maritime boundary treaty in force, or being provisionally applied by the United States or, in the absence of such a treaty where the distance between the United States and another nation is less than 400 nautical miles, a line equidistant between the United States and the other nation. Without affecting any Presidential Proclamation with regard to the establishment of the United States territorial sea or exclusive economic zone, the inner boundary of that zone is-- (i) a line coterminous with the seaward boundary (as defined in section 4 of the Submerged Lands Act (43 U.S.C. 1312)) of each coastal State; (ii) a line 3 marine leagues from the coastline of the Commonwealth of Puerto Rico; (iii) a line 3 geographical miles from the coastlines of American Samoa, the United States Virgin Islands, and Guam; (iv) for the Commonwealth of the Northern Mariana Islands-- (I) its coastline, until such time as the Commonwealth of the Northern Mariana Islands is granted authority by the United States to regulate all fishing to a line seaward of its coastline; and (II) upon the United States grant of such authority, the line established by such grant of authority; and (v) for any possession of the United States not described in clause (ii), (iii), or (iv), the coastline of such possession. (B) Construction.--Nothing in this paragraph may be construed as diminishing the authority of the Department of Defense or the Department of the Interior. (5) Executive agency.--The term ``Executive agency'' has the meaning given that term in section 105 of title 5, United States Code. (6) Land-based recirculating aquaculture system.--The term ``land-based recirculating aquaculture system'' means any system, including aquaponics, that is-- (A) located on land; (B) recirculates more than 85 percent of the water used within the system; (C) involved in the propagation and rearing of aquatic species; and (D) not located or operated in open waters, including rivers, harbors, lakes, the exclusive economic zone, or within nearshore waters under State or territorial jurisdiction. (7) Offshore aquaculture.--The term ``offshore aquaculture''-- (A) means all activities, including the placement or operation of an offshore aquaculture facility, involved in the propagation and rearing, or attempted propagation and rearing, of marine species in the exclusive economic zone, including ocean ranching; and (B) does not include-- (i) salmon hatcheries in the Pacific Northwest or Alaska; (ii) the cultivation of mollusks, except cephalopods, or live rock in the exclusive economic zone; (iii) exempted or experimental fishing activities conducted under an exempted fish permit issued pursuant to section 600.745 of title 50, Code of Federal Regulations (or successor regulations); or (iv) the harvest of native ornamental fish from existing oil or gas infrastructure. (8) Offshore aquaculture facility.--The term ``offshore aquaculture facility'' means-- (A) an installation or structure used, in whole or in part, for offshore aquaculture; or (B) an area of the seabed or the subsoil used for offshore aquaculture of living organisms belonging to sedentary species. (9) Secretary.--Except as otherwise provided, the term ``Secretary'' means the Secretary of Commerce. SEC. 3. PROHIBITION ON OFFSHORE AQUACULTURE. (a) Prohibition on Offshore Aquaculture.--Notwithstanding the provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), no head of an executive agency and no Regional Fishery Management Council established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852) may develop or approve any rule, regulation, fishery management plan, or fishery management plan amendment to permit or regulate offshore aquaculture until the date that is 3 years after the date of the submission of the reports required by sections 5 and 6. (b) Application to Existing Permits.--Any permit issued by the head of an executive agency prior to the date of the enactment of this Act to conduct offshore aquaculture, including the siting or operation of offshore aquaculture facilities, under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or any other Federal law shall cease to be valid on the date of the enactment of this Act. SEC. 4. GRANTS FOR LAND-BASED AQUACULTURE. The Secretary and the Secretary of Agriculture shall each provide grants for research related to land-based recirculating aquaculture systems. SEC. 5. REPORT ON OFFSHORE AQUACULTURE. (a) Requirement for Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on offshore aquaculture. (b) Content.--The report required by subsection (a) shall include the following: (1) The results of a comprehensive study on the potential environmental impacts to native fish species resulting from the use of each technology currently used in any offshore aquaculture operation around the world. (2) The results of a study on the economic impacts of offshore aquaculture on land-based recirculating aquaculture, other aquaculture operations, and on recreational and commercial fishing, including economic impacts-- (A) to fishing operations and coastal communities throughout the United States; and (B) specific to fishing operations and coastal communities in the Gulf of Mexico. (3) The recommendations of the Secretary for regulatory guidelines to protect ocean ecosystems from the impacts of offshore aquaculture, including guidelines related to-- (A) preventing-- (i) pollution from concentrated fish feces and uneaten food; (ii) parasites, diseases, and their effects on native wildlife species; (iii) escape of marine species from offshore aquaculture facilities; (iv) degradation of wild stocks of marine species; (v) negative impacts on commercial and recreational fishing; (vi) inefficient reliance on wild forage fish to feed marine species in offshore aquaculture facilities; (vii) the inappropriate use of chemicals to treat parasites and disease in offshore aquaculture; and (viii) negative health impacts from consumption of marine species produced in offshore aquaculture; and (B) allocation of reconstruction costs in the event an offshore aquaculture facility is abandoned or destroyed. SEC. 6. REPORT ON LAND-BASED RECIRCULATING AQUACULTURE SYSTEMS. Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall submit to Congress a report on the economic potential of land- based recirculating aquaculture systems, including-- (1) an analysis of the land and other resources required for such systems; (2) a description of such systems that are in existence on the date of the enactment of this Act and an analysis of the of the economic impact of such systems; and (3) an analysis of the potential beneficial uses of residual products from algal technologies as feed in fish aquaculture.

Research in Aquaculture Opportunity and Responsibility Act of 2010 - Prohibits any executive agency or any Regional Fishery Management Council from developing or approving a rule, regulation, or fishery management plan to permit or regulate offshore aquaculture until the date that is three years after the date of the submission of the reports required by this Act. Applies such prohibition to existing offshore aquaculture permits issued by federal agencies. Directs the Secretary of Commerce (Secretary) to report to Congress regarding: (1) offshore aquaculture; and (2) the economic potential of land-based recirculating aquaculture systems. Directs the Secretary and the Secretary of Agriculture (USDA) to provide grants for research related to land-based recirculating aquaculture systems.

A bill to prohibit offshore aquaculture until 3 years after the submission of a report on the impacts of offshore aquaculture and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Disability Applicants' Access to Professional Representation Act of 2010''. SEC. 2. PERMANENT EXTENSION OF ATTORNEY FEE WITHHOLDING PROCEDURES TO TITLE XVI. (a) In General.--Section 302 of the Social Security Protection Act of 2004 (Public Law 108-203; 118 Stat. 519) is amended-- (1) in the section heading, by striking ``temporary''; and (2) in subsection (c), by striking ``Effective Date.--'' and all that follows through ``The amendments'' and inserting ``Effective Date.--The amendments'', and by striking paragraph (2). (b) Clerical Amendment.--The item relating to section 302 in the table of contents in section 1(b) of such Act is amended by striking ``Temporary extension'' and inserting ``Extension''. SEC. 3. PERMANENT EXTENSION OF FEE WITHHOLDING PROCEDURES TO QUALIFIED NON-ATTORNEY REPRESENTATIVES. (a) In General.--Section 206 of the Social Security Act (42 U.S.C. 406) is amended by adding at the end the following new subsection: ``(e)(1) The Commissioner shall provide for the extension of the fee withholding procedures and assessment procedures that apply under the preceding provisions of this section to agents and other persons, other than attorneys, who represent claimants under this title before the Commissioner. ``(2) Fee-withholding procedures may be extended under paragraph (1) to any nonattorney representative only if such representative meets at least the following prerequisites: ``(A) The representative has been awarded a bachelor's degree from an accredited institution of higher education, or has been determined by the Commissioner to have equivalent qualifications derived from training and work experience. ``(B) The representative has passed an examination, written and administered by the Commissioner, which tests knowledge of the relevant provisions of this Act and the most recent developments in agency and court decisions affecting this title and title XVI. ``(C) The representative has secured professional liability insurance, or equivalent insurance, which the Commissioner has determined to be adequate to protect claimants in the event of malpractice by the representative. ``(D) The representative has undergone a criminal background check to ensure the representative's fitness to practice before the Commissioner. ``(E) The representative demonstrates ongoing completion of qualified courses of continuing education, including education regarding ethics and professional conduct, which are designed to enhance professional knowledge in matters related to entitlement to, or eligibility for, benefits based on disability under this title and title XVI. Such continuing education, and the instructors providing such education, shall meet such standards as the Commissioner may prescribe. ``(3)(A) The Commissioner may assess representatives reasonable fees to cover the cost to the Social Security Administration of administering the prerequisites described in paragraph (2). ``(B) Fees collected under subparagraph (A) shall be credited to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, or deposited as miscellaneous receipts in the general fund of the Treasury, based on such allocations as the Commissioner determines appropriate. ``(C) The fees authorized under this paragraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Amounts so appropriated are authorized to remain available until expended for administering the prerequisites described in paragraph (2).''. (b) Conforming Amendments.-- (1) Section 1631(d)(2)(A) of such Act (42 U.S.C. 1383(d)(2)(A)) is amended-- (A) in clause (iv), by striking ``and'' at the end; (B) in clause (v), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(vi) by substituting, in subsection (e)(1)-- ``(I) `subparagraphs (B) and (C) of section 1631(d)(2)' for `the preceding provisions of this section'; and ``(II) `title XVI' for `this title'.''. (2) Section 303(e)(2) of the Social Security Protection Act of 2004 (Public Law 108-203; 118 Stat. 523) is amended by striking ``and final report'' in the heading and by striking the last sentence. (c) Effective Date.--The Commissioner of Social Security shall provide for full implementation of the provisions of section 206(e) of the Social Security Act (as added by subsection (a)) and the amendments made by subsection (b) not later than March 1, 2010. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Social Security Disability Applicants' Access to Professional Representation Act of 2010 - Amends the Social Security Protection Act of 2004 to provide for permanent extension of the attorney fee witholding procedures under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to SSA title XVI (Supplemental Security Income) (SSI). Amends SSA titles II and XVI to provide for the permanent extension of such procedures to qualified non-attorney claimant representatives.

To provide for permanent extension of the attorney fee withholding procedures under title II of the Social Security Act to title XVI of such Act, and to provide for permanent extension of such procedures under titles II and XVI of such Act to qualified non-attorney representatives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Empowerment Act''. SEC. 2. TAXPAYER EMPOWERMENT FORM. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7524. TAXPAYER EMPOWERMENT FORM. ``(a) In General.--An eligible individual may file by April 15 of each year with the Secretary a taxpayer empowerment form provided by the Secretary. The form may be filed with Form 1040, 1040A, or 1040EZ. ``(b) Eligible Individual.-- ``(1) In general.--For purposes of this section, the term `eligible individual' means, with respect to any year, any individual who is eligible to vote in any Federal election (determined without regard to registration requirements) by April 15 of such year. ``(2) Use of state data.--For purposes of determining eligibility, the Secretary shall use data from the various States (to the extent such States can provide such data at minimal cost to the States) concerning the disenfranchisement of any State resident due to mental incompetency or criminal record. ``(c) Taxpayer Empowerment Form.-- ``(1) In general.--The taxpayer empowerment form shall include-- ``(A) the name, address, and TIN of the eligible individual, ``(B) a certification statement by such individual of such individual's eligibility to file such form, ``(C) with respect to the fiscal year ending after the filing date of the form, a listing of major outlay categories, and the estimated dollar amount and percentage of budget authority with respect to each such category, ``(D) with respect to the fiscal year beginning after the filing date of the form, an estimate of the overall percentage reduction in all major outlay categories necessary to eliminate the Federal budget deficit ratably over 3 years and over 10 years, ``(E) a request that the eligible individual allocate a percentage of budget authority for each major outlay category for the fiscal year beginning after the filing date of the form (other than the categories specified in paragraphs (16), (17), (18), and (19) of subsection (d) which shall reflect the estimated percentages for such fiscal year), and ``(F) a statement that if the total allocations under subparagraph (E) are greater than, or lesser than, 100 percent, the presumption will be made that the difference represents the individual's desire to increase, or decrease, total spending by such difference. ``(2) Estimates with respect to categories.--For purposes of subparagraphs (C), (D), and (E) of paragraph (1), the dollar amount and percentage of budget authority for each such category shall be based on estimates by the Director of the Office of Management and Budget taking into account the budget authority for each such category for the fiscal year. ``(3) Limitation on allocation.--Any allocation under paragraph (1)(E) may not result in-- ``(A) an increase or reduction of more than 10 percent in any major outlay category, and ``(B) a shift of more than 10 percentage points among the various major outlay categories. ``(d) Major Outlay Categories.--For purposes of this section, the term `major outlay categories' means the following: ``(1) National Defense. ``(2) International Affairs. ``(3) General Science, Space, and Technology. ``(4) Energy. ``(5) Natural Resources and Environment. ``(6) Agriculture. ``(7) Commerce and Housing Credit. ``(8) Transportation. ``(9) Community and Regional Development. ``(10) Education, Training, and Employment. ``(11) Social Services. ``(12) Health, including Medicaid. ``(13) Veterans Benefits and Services. ``(14) Administration of Justice. ``(15) General Government. ``(16) Medicare. ``(17) Social Security. ``(18) Government and Other Pensions, including Veterans. ``(19) Net Interest. ``(e) Secretary's Report.--Not later than October 15 of each year, if more than 50 percent of all eligible individuals filed a form under subsection (a) in such year, the Secretary shall-- ``(1) compile the budgeting decisions of the people reflected in such forms; and ``(2) report the averaged allocation (based on the taxpayer empowerment form) for each major outlay category to the Committees on the Budget of the House of Representatives and the Senate and the Director of the Office of Management and Budget.''. (b) Conforming Amendments.--Section 7523 of the Internal Revenue Code of 1986 (relating to graphic presentation of major categories of Federal outlays and income) is amended-- (1) by striking paragraph (1) of subsection (a) and inserting the following: ``(1) Major outlay categories.--The term `major outlay categories' means the following: ``(A) National Defense. ``(B) International Affairs. ``(C) General Science, Space, and Technology. ``(D) Energy. ``(E) Natural Resources and Environment. ``(F) Agriculture. ``(G) Commerce and Housing Credit. ``(H) Transportation. ``(I) Community and Regional Development. ``(J) Education, Training, and Employment. ``(K) Social Services. ``(L) Health, including Medicaid. ``(M) Veterans Benefits and Services. ``(N) Administration of Justice. ``(O) General Government. ``(P) Medicare. ``(Q) Social Security. ``(R) Government and Other Pensions, including Veterans. ``(S) Net Interest.'', and (2) by striking paragraph (3) of subsection (b) and redesignating paragraph (4) of such subsection as paragraph (3). (c) 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. 7524. Taxpayer empowerment form.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. BUDGET ACT COMPLIANCE WITH THE TAXPAYER EMPOWERMENT. (a) President's Budget.--Section 1105(f) of title 31, United States Code, is amended to read as follows: ``(f) The budget transmitted pursuant to subsection (a) for a fiscal year shall be prepared in a manner consistent with-- ``(1) the requirements of the Balanced Budget and Emergency Deficit Control Act of 1985; and ``(2) the allocations reflected in the taxpayer empowerment form contained in the report of the Secretary of the Treasury submitted on November 1 of the year preceding the year in which the budget is being submitted as required by section 7524(e) of the Internal Revenue Code of 1986.''. (b) Congressional Budget.--Section 301(a)(4) of the Congressional Budget Act of 1974 is amended by striking ``based on'' through the semicolon and inserting the following: ``based on-- ``(A) allocations of the total levels set forth pursuant to paragraph (1); and ``(B) the allocations reflected in the taxpayer empowerment form contained in the report of the Secretary of the Treasury submitted on November 1 of the year preceding the budget year as required by section 7524(e) of the Internal Revenue Code of 1986;''.

Taxpayer Empowerment Act - Amends the Internal Revenue Code to allow an eligible individual to file a taxpayer empowerment form by April 15 of each year that specifies the individual's allocation of budget authority for major outlay categories. Requires the Secretary of the Treasury to compile such budgeting decisions and report to the House and Senate Budget Committees and the Director of the Office of Management and Budget. Requires the President's budget and the congressional budget to reflect such taxpayer allocations.

Taxpayer Empowerment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating Dangerous Oil Cars and Ensuring Community Safety Act''. SEC. 2. RETROFITTING OR PHASING-OUT CERTAIN TANK CARS. Section 20155 of title 49, United States Code, is amended to read as follows: ``Sec. 20155. Tank cars ``(a) Retrofitting Requirement.--A rail carrier may not ship any hazardous material in any DOT-111 or non-jacketed CPC-1232 tank car on or after the applicable deadline set forth in subsection (b) unless the tank car has been retrofitted in accordance with the DOT-117 specification design established by the May 2015 final rule for the safe transportation of flammable liquids by rail. ``(b) Deadlines.--The deadlines set forth in this subsection are as follows: ``(1) For non-jacketed DOT-111 tank cars carrying materials in Packing Group I, January 1, 2017. ``(2) For jacketed DOT-111 tank cars carrying materials in Packing Group I or II and non-jacketed DOT-111 tank cars carrying materials in Packing Group II, May, 1, 2017. ``(3) For non-jacketed CPC-1232 tank cars carrying materials in Packing Group I, May 1, 2018. ``(4) For non-jacketed CPC-1232 tank cars carrying materials in Packing Group II, May 1, 2019. ``(5) For jacketed CPC-1232 tank cars carrying materials in Packing Group I or II and all tank cars carrying materials in Packing Group III, May 1, 2020. ``(c) Definitions.--In this section, the terms `Packing Group I', `Packing Group II', and `Packing Group III' have the meanings given such terms in section 173.127(b) of title 49, Code of Federal Regulations.''. SEC. 3. CRUDE OIL STABILITY REQUIREMENT. (a) In General.--Chapter 51 of title 49, United States Code, is amended by inserting after section 5110 the following: ``Sec. 5111. Crude oil volatility standard ``Not later than 1 year after the date of the enactment of the Eliminating Dangerous Oil Cars and Ensuring Community Safety Act, the Secretary of Transportation, in consultation with the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall establish and begin enforcing a national maximum volatility standard for the transport of crude oil by rail or by barge.''. (b) Clerical Amendment.--Chapter 51 of such title is amended by inserting after the item relating to section 5110 the following: ``5111. Crude oil volatility standard.''. SEC. 4. SPEED RESTRICTIONS FOR TRAINS WITH TANK CARS THAT DO NOT COMPLY WITH FEDERAL SAFETY STANDARDS. (a) DOT-111 Tank Cars.--Any train carrying more than 10 cars, including at least 1 DOT-111 tank car carrying a hazardous material that has not been retrofitted in accordance with the DOT-117 specification design established by the May 2015 final rule for the safe transportation of flammable liquids by rail, may not be operated at a speed greater than 40 miles per hour while traveling through a county (or county equivalent) that has a population density of greater than 20 persons per square mile, as determined in the most recent decennial census. (b) Unjacketed CPC-1232 Tank Cars.--Beginning on the date that is 2 years after the date of the enactment of this Act, any train carrying more than 10 cars, including at least 1 non-jacketed CPC-1232 tank car carrying a hazardous material that has not been retrofitted in accordance with the DOT-117 specification design established by the May 2015 final rule for the safe transportation of flammable liquids by rail, may not be operated at a speed greater than 40 miles per hour while traveling through a county (or county equivalent) that has a population density of greater than 20 persons per square mile, as determined in the most recent decennial census. SEC. 5. INSPECTIONS. In addition to the track inspections required under sections 213.233 and 213.237 of title 49, Code of Federal Regulations, as of the date of the enactment of this Act, each rail carrier shall conduct, on main line routes that the rail carrier owns or has been assigned maintenance responsibility under section 213.5 of such title, and over which 1 or more high-hazard flammable trains are operated-- (1) 2 additional inspections for internal defects of all rail in Classes 3, 4, and 5 for every 40,000,000 gross tons transported on such lines, or annually, whichever interval is shorter; and (2) 4 track geometry inspections each calendar year. SEC. 6. POSITIVE TRAIN CONTROL REQUIREMENT. Chapter 201 of title 49, United States Code, is amended-- (1) by striking section 20150; and (2) in section 20157-- (A) by redesignating subsection (i) as subsection (j); and (B) by inserting after subsection (h) the following: ``(i) Trains That Carry Crude Oil or Ethanol.--Beginning on December 1, 2018, each rail line over which tank cars carrying crude oil or ethanol travel shall be equipped with a positive train control system.''. SEC. 7. OIL SPILL RESPONSE PLANS. (a) Requirement.--Chapter 209 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 20904. Oil spill response plans ``(a) Comprehensive Oil Spill Response Plans.--Each rail carrier that transports crude oil, petroleum, or other hazardous products by rail shall develop comprehensive oil spill response plans, in accordance with part 130 of title 49, Code of Federal Regulations. ``(b) Response Plan Audit Program.--The Administrator of the Federal Railroad Administration shall develop a program to audit response plans for rail carriers of crude oil, petroleum, and other hazardous products to ensure that such plans include comprehensive procedures for-- ``(1) preventing or mitigating a substantial threat of a worst-case discharge of such products resulting from a rail accident or incident; and ``(2) responding to and cleaning up such a discharge.''. (b) Rulemaking.--The Administrator of the Pipeline and Hazardous Materials Safety Administration, in consultation with the Administrator of the Federal Railroad Administration, shall update the regulations contained in part 130 of title 49, Code of Federal Regulations, by revising the spill response planning thresholds to require comprehensive response plans to effectively provide for the carrier's ability to respond to worst-case discharges resulting from accidents involving unit trains or blocks of tank cars transporting oil and petroleum products. (c) Clerical Amendment.--The table of sections in chapter 209 of title 49, United States Code, is amended by adding at the end the following: ``20904. Oil spill response plans.''. SEC. 8. REPORTING REQUIREMENTS. (a) Close Call Reporting Systems.--Section 20901 of title 49, United States Code, is amended by adding at the end the following: ``(c) Close Call Reporting System.--Each rail carrier shall establish a system through which employees may anonymously report circumstances or incidents that endanger the safety of railroad operations.''. (b) Derailment Reporting Requirement.--Section 20901 of such title, as amended by subsection (a), is further amended by adding at the end the following: ``(d) Derailment Reporting Requirements.-- ``(1) Defined term.--In this subsection, the term `high hazard flammable train' means a train comprised of more than 10 loaded tank cars of a Class 3 flammable liquid. ``(2) Immediate notification.--Immediately after the derailment of any high hazard flammable train operated by a rail carrier, the rail carrier shall provide the Federal Railroad Administration and the county emergency management contact (or equivalent) in the county in which the train derailed with-- ``(A) information about the train, including-- ``(i) the train number; ``(ii) the models of locomotive attached to the train; ``(iii) end-of-train device information; ``(iv) the number and position of tank cars in the train; ``(v) tank car reporting marks; and ``(vi) tank car specifications and relevant attributes, including information related to thermal protection, shell and head thickness, steel specification and grade, head shield, and pressure relief valve setting; ``(B) information contained on the waybill, including the origin and destination of the train, the goods being transported, and the name and contact information for consignors of such goods; ``(C)(i) the safety data sheet for each hazardous chemical being transported by the train, as required under section 1910.1200(g) of title 29, Code of Federal Regulations; or ``(ii) any other documents used to provide comprehensive emergency response and incident mitigation information for Class 3 flammable liquids. ``(3) Subsequent notification.--Not later than 90 minutes after the derailment of any high hazard flammable train operated by a rail carrier, the rail carrier shall provide the Federal Railroad Administration with-- ``(A) the results of any product testing undertaken before transportation that was used to properly characterize the Class 3 flammable liquids for transportation; ``(B) the results from any analysis of product samples taken before being offered into transportation from tank cars involved in the derailment; ``(C) if a flammable liquid is involved in the derailment, the type of liquid and the name and location of the company extracting the material; ``(D) the identification of the company that conducted the initial testing of the material, including sampling and analysis; ``(E) the name and location of the company transporting the material from the well head to the loading facility or terminal; ``(F) the name and location of the company that owns and that operates the terminal or loading facility that loaded the product for rail transportation; ``(G) the name of the railroads handling the tank cars at any time from point of origin to destination; and ``(H) a timeline of handling changes between railroads.''.

Eliminating Dangerous Oil Cars and Ensuring Community Safety Act This bill replaces general requirements for design standards of the Federal Railroad Administration (FRA) for pressurized tank cars with a retrofitting requirement for certain tank cars. No rail carrier may ship on or after a specified deadline any hazardous material (hazmat) in any tank car under DOT-111 (Department of Transportation specification for a non-pressurized rail tank car) or non-jacketed Casualty Prevention Circular (CPC)-1232 (new rail tank car standards for transporting crude oil or ethanol), unless the tank car has been retrofitted in accordance with the DOT-117 specification design established by the May 2015 final rule for the safe transportation of flammable liquids by rail. DOT shall establish and begin enforcing a national maximum volatility standard for the transport of crude oil by rail or by barge. The bill sets a maximum speed for any train carrying more than 10 cars, including at least one hazmat-carrying DOT-111 or unjacketed CPC-1232 tank car that has not been so retrofitted, of 40 miles per hour while traveling through a county (or county equivalent) with a population density of greater than 20 persons per square mile. In addition to certain other required track inspections, each rail carrier shall conduct, on main line routes it owns or for which it has been assigned maintenance responsibility, and over which 1 or more high-hazard flammable trains are operated: 2 additional inspections for internal defects of all rail in Classes 3, 4, and 5 for every 40,000,000 gross tons transported on such lines, or annually, whichever interval is shorter; and 4 track geometry inspections each calendar year. Beginning on December 1, 2018, each rail line over which tank cars carrying crude oil or ethanol travel shall be equipped with a positive train control system. Each rail carrier that transports crude oil, petroleum, or other hazardous products by rail shall develop comprehensive oil spill response plans. The FRA shall develop a program to audit such response plans to ensure that they include comprehensive procedures for: preventing or mitigating a substantial threat of a worst-case discharge of such products resulting from a rail accident or incident, and responding to and cleaning up such a discharge. The Pipeline and Hazardous Materials Safety Administration shall revise specified spill response planning thresholds to require comprehensive response plans to effectively provide for a carrier's ability to respond to worst-case discharges resulting from accidents involving unit trains or blocks of tank cars transporting oil and petroleum products. Each rail carrier shall: establish a system through which employees may anonymously report circumstances or incidents that endanger the safety of railroad operations, and provide specified information to the FRA and the county emergency management contact (or equivalent) immediately after the derailment of any high hazard flammable train the carrier operates.

Eliminating Dangerous Oil Cars and Ensuring Community Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``More Water and Security for Californians Act''. SEC. __. COMPLIANCE WITH ENDANGERED SPECIES ACT OF 1973. (a) Findings.--Congress finds the following: (1) The economy of the San Joaquin Valley in California is predominantly based on irrigated agriculture served water to the Westside and southern end of the San Joaquin Valley by-- (A) the Central Valley Project; and (B) the California State Water Project. (2) The quantity of water available for irrigated agriculture in these areas of the San Joaquin Valley served by the Central Valley Project and the California State Water Project has been reduced significantly as a result of restrictions placed on the operations of the Central Valley Project and the California State Water Project under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (3) California's San Joaquin Valley is one of the most fertile agricultural regions in the world, and produces more than 250 different crops with an estimated value of $17,000,000,000 per year, supplying about 8 percent of United States agricultural production and approximately 40 percent of the Nation's fruits and vegetables on less than 1 percent of United States farmland. Crops grown in the San Joaquin Valley are exported to 100 countries around the world. The San Joaquin Valley is an essential source of food supplies for the United States and the world. (4) Water supply shortages resulting from regulatory restrictions on the operations of the Central Valley Project and the California State Water Project have greatly exacerbated the economic recession and contributed to an economic crisis in the San Joaquin Valley. (5)(A) More than 400,000 acres of highly productive farmland in the San Joaquin Valley were fallowed in 2009. (B) Unemployment rates in small rural communities in the San Joaquin Valley remain over 25 percent. (C) Food banks throughout the San Joaquin Valley face unprecedented demand from unemployed residents. (6) Any water not captured and stored by the Central Valley Project and the California State Water Project is water that could have been used to sustain irrigated agriculture and the many businesses and communities that rely on it throughout the Central Valley of California. (7) Deliveries to water agencies that rely on exports from the Sacramento-San Joaquin Delta (California Bay-Delta) are expected to remain at reduced levels this year due to pumping restrictions imposed on operations of the Central Valley Project and the California State Water Project under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in the early part of 2013. (8) Due to reduced surface water supplies, reliance on groundwater has increased, and the withdrawals from the aquifers are unsustainable and put significant infrastructure at risk of collapse, including the State Water Project's California Aqueduct, due to permanent subsidence of land over the over-drafted aquifers. (9) Significant habitat for a number of native fish species in the California Bay-Delta (including tidal marsh and wetlands), and access to spawning grounds, have been significantly reduced during the last century. (10) Discharge of pollutants and invasive species have dramatically impaired the ecosystem of the California Bay- Delta. (11) Large-scale and sustained habitat restoration and fish passage improvements are essential-- (A) to restore the unique ecosystem of the California Bay-Delta; and (B) to recover native species in the California Bay-Delta. (12) As of the date of enactment of this Act, Federal and State agencies, and a number of interested parties, continue to develop the Bay Delta Conservation Plan to establish a habitat conservation plan-- (A) to provide ecosystem restoration; (B) to contribute to native species recovery; and (C) to allow for projects to proceed that restore and protect water supplies for-- (i) the Central Valley Project; and (ii) the California State Water Project. (b) Compliance.-- (1) In general.--All requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to operations of the Central Valley Project and the California State Water Project (``Projects'') shall be deemed satisfied with regard to the species and their critical habitat covered by the biological opinions for the operations of the Central Valley Project and the California State Water Project issued by the United States Fish and Wildlife Service and dated December 15, 2008, and the National Marine Fisheries Service and dated June 4, 2009 (the ``biological opinions''), if-- (A) the alternatives described in that portion of the biological opinions entitled ``Reasonable and Prudent Alternatives'' are implemented; and (B) the actions described in paragraph (2) are carried out. (2) Mandates.--The Secretary of the Interior and the Secretary of Commerce shall ensure the following: (A) Flows.--For each calendar year, during the period beginning on December 1 and ending on June 30, neither biological opinion described in paragraph (1) shall restrict flow in Old and Middle Rivers to a 14- day average of the mean daily flow to achieve flow less negative than -5,000 cubic feet per second. (B) Control of pumping operations.--For each calendar year, during the period beginning on April 1 and ending on May 31, rates of pumping at the C.W. ``Bill'' Jones Pumping Plant and Harvey O. Banks Pumping Plant shall not be reduced pursuant to the biological opinion of the National Marine Fisheries Service described in paragraph (1), except as required to implement California State Water Resources Control Board Water Rights Decision 1641 or a superseding water rights decision. (C) Fall x2.--For each calendar year, during the period beginning September 1 and ending November 30, monthly average x2 no greater (more eastward) than 74 km (from the Golden Gate) shall be maintained only to the extent that such action does not diminish the capability of either the Central Valley Project or the California State Water Project to make water available for other authorized project purposes. (3) Modification.--The Secretary of the Interior may modify the flow and pumping operation mandates established in paragraph (2) upon recommendations of the National Research Council Committee on Sustainable Water and Environmental Management in the California Bay-Delta, if such modifications-- (A) would provide greater benefits to the species covered by the biological opinions described in paragraph (1); and (B) would not reduce the water delivery capability of the Central Valley Project or California State Water Project more than their delivery capability allowed under paragraph (2). (c) Implementation of Action Plan.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Commerce shall-- (1) establish a fish hatchery program or refuge to preserve and restore the delta smelt in collaboration with the Governor of the State of California; and (2) implement a habitat program under which each Secretary shall identify, prioritize, and implement key ecosystem restoration and fish passage projects in the ecosystem of, and on tributaries to, the California Bay-Delta to help ensure the viability of-- (A) at-risk species; and (B) species listed as threatened species or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)); and (3) install the Head of Old River Barrier during the April- May pulse flow, as set forth in California State Water Resources Control Board Water Rights Decision 1641. (d) Savings Clause.--Nothing in this section shall-- (1) diminish or result in a reduction of the water supply deliveries of the California State Water Project to its contractors; nor (2) shift an existing obligation of the Central Valley Project to the California State Water Project or any other legal user of water. (e) San Joaquin River Restoration Settlement Act.--Nothing in this Act shall limit or otherwise affect the implementation of the San Joaquin River Restoration Settlement of the San Joaquin River Restoration Settlement Act (Public Law 111-11), including the Water Management Goal. (f) No Further Restriction.--No State or any political subdivision thereof shall adopt or attempt to enforce any requirements relating to the impact of the operation of the Projects on the species and critical habitat covered by the biological opinions that is more restrictive than the requirements of this section. Any State law that authorizes the imposition of restrictions on the operation of the Projects in a manner that is more restrictive than this section is expressly preempted. (g) Termination.--This section and each authority and mandate under this section shall terminate upon March 1, 2020.

More Water and Security for Californians Act - Deems requirements of the Endangered Species Act of 1973 relating to operations of the Central Valley Project and the California State Water Project to be satisfied with regard to the species and their critical habitat covered by the biological opinions for the operations of such Projects issued by the United States Fish and Wildlife Service and the National Marine Fisheries Service (NMFS) if: the alternatives described in that portion of the biological opinions entitled "Reasonable and Prudent Alternatives" are implemented; and the Secretary of the Interior and the Secretary of Commerce ensure that: (1) between December 1 and June 30, neither such biological opinion shall restrict flow in Old and Middle Rivers to a 14-day average of the mean daily flow to achieve flow less negative than -5,000 cubic feet per second; (2) between April 1 and May 31, rates of pumping at the C.W. "Bill" Jones Pumping Plant and Harvey O. Banks Pumping Plant shall not be reduced pursuant to such NMFS opinion, except as required to implement California State Water Resources Control Board Water Rights Decision 1641 or a superseding water rights decision; and (3) between September 1 and November 30, a monthly average x2 (salinity zone index) of no greater than 74 km from the Golden Gate shall be maintained only to the extent that such action does not diminish the capability of either the Central Valley Project or the California State Water Project to make water available for other authorized project purposes. Authorizes the Secretary of the Interior to modify such mandates  upon recommendations of the National Research Council Committee on Sustainable Water and Environmental Management in the California Bay-Delta, if such modifications would: (1) provide greater benefits to the species covered by such biological opinions, and (2) not reduce the water delivery capability of such Projects more than their delivery capability allowed under such mandates. Requires such Secretaries to: (1) establish a fish hatchery program or refuge to preserve and restore the delta smelt in collaboration with the governor of California; (2) implement a habitat program under which each Secretary shall identify, prioritize, and implement key ecosystem restoration and fish passage projects in the ecosystem of, and on tributaries to, the California Bay-Delta to help ensure the viability of at-risk species and  threatened or endangered species; and (3) install the Head of Old River Barrier during the April-May pulse flow, as set forth in California State Water Resources Control Board Water Rights Decision 1641. Preempts any state law that authorizes the imposition of restrictions on the operation of the Projects in a manner that is more restrictive than this Act. Terminates this Act on March 1, 2020.

More Water and Security for Californians Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Hospital GME Support Reauthorization Act of 2013''. SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS. (a) In General.--Section 340E of the Public Health Service Act (42 U.S.C. 256e) is amended-- (1) in subsection (a), by striking ``through 2005 and each of fiscal years 2007 through 2011'' and inserting ``through 2005, each of fiscal years 2007 through 2011, and each of fiscal years 2014 through 2018''; and (2) in subsection (f)-- (A) in paragraph (1)(A)-- (i) in clause (iii), by striking ``and''; (ii) in clause (iv), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(v) for each of fiscal years 2014 through 2018, $100,000,000.''; and (B) in paragraph (2)-- (i) in subparagraph (C), by striking ``and''; (ii) in subparagraph (D), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(E) for each of fiscal years 2014 through 2018, $200,000,000.''. (b) Report to Congress.--Section 340E(b)(3)(D) of the Public Health Service Act (42 U.S.C. 256e(b)(3)(D)) is amended by striking ``Not later than the end of fiscal year 2011'' and inserting ``Not later than the end of fiscal year 2018''. SEC. 3. SUPPORT OF GRADUATE MEDICAL EDUCATION PROGRAMS IN CERTAIN HOSPITALS. Section 340E of the Public Health Service Act (42 U.S.C. 256e) is amended by adding at the end the following: ``(h) Additional Provisions.-- ``(1) In general.--The Secretary is authorized to make available up to 25 percent of the total amounts in excess of $245,000,000 appropriated under paragraphs (1) and (2) of subsection (f), but not to exceed $7,000,000, for payments to hospitals qualified as described in paragraph (2), for the direct and indirect expenses associated with operating approved graduate medical residency training programs, as described in subsection (a). ``(2) Qualified hospitals.-- ``(A) In general.--To qualify to receive payments under paragraph (1), a hospital shall be a free-standing hospital-- ``(i) with a Medicare payment agreement and that is excluded from the Medicare inpatient hospital prospective payment system pursuant to section 1886(d)(1)(B) of the Social Security Act and its accompanying regulations; ``(ii) whose inpatients are predominantly individuals under 18 years of age; ``(iii) that has an approved medical residency training program as defined in section 1886(h)(5)(A) of the Social Security Act; and ``(iv) that is not otherwise qualified to receive payments under this section or section 1886(h) of the Social Security Act. ``(B) Establishment of residency cap.--In the case of a freestanding children's hospital that, on the date of enactment of this subsection, meets the requirements of subparagraph (A) but for which the Secretary has not determined an average number of full-time equivalent residents under section 1886(h)(4) of the Social Security Act, the Secretary may establish such number of full-time equivalent residents for the purposes of calculating payments under this subsection. ``(3) Payments.--Payments to hospitals made under this subsection shall be made in the same manner as payments are made to children's hospitals, as described in subsections (b) through (e). ``(4) Payment amounts.--The direct and indirect payment amounts under this subsection shall be determined using per resident amounts that are no greater than the per resident amounts used for determining direct and indirect payment amounts under subsection (a). ``(5) Reporting.--A hospital receiving payments under this subsection shall be subject to the reporting requirements under subsection (b)(3). ``(6) Remaining funds.-- ``(A) In general.--If the payments to qualified hospitals under paragraph (1) for a fiscal year are less than the total amount made available under such paragraph for that fiscal year, any remaining amounts for such fiscal year may be made available to all hospitals participating in the program under this subsection or subsection (a). ``(B) Quality bonus system.--For purposes of distributing the remaining amounts described in subparagraph (A), the Secretary may establish a quality bonus system, whereby the Secretary distributes bonus payments to hospitals participating in the program under this subsection or subsection (a) that meet standards specified by the Secretary, which may include a focus on quality measurement and improvement, interpersonal and communications skills, delivering patient-centered care, and practicing in integrated health systems, including training in community-based settings. In developing such standards, the Secretary shall collaborate with relevant stakeholders, including program accrediting bodies, certifying boards, training programs, health care organizations, health care purchasers, and patient and consumer groups.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. Children's Hospital GME Support Reauthorization Act of 2013 - Amends the Public Health Service Act to extend and reauthorize appropriations through FY2018 for payments to children's hospitals associated with operating approved graduate medical residency training programs. Authorizes the Secretary of Health and Human Services (HHS) to: (1) make available up to 25 percent of the total amounts in excess of specified appropriations for payments to certain hospitals with a Medicare payment agreement that are excluded from the Medicare inpatient hospital prospective payment system and whose inpatients are predominantly under 18 years of age; and (2) establish a quality bonus system for distribution of excess payments to such hospitals, which may include a focus on quality measurement and improvement, interpersonal and communications skills, delivering patient-centered care, and practicing in integrated health systems.

Children's Hospital GME Support Reauthorization Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Family Privacy Act of 1997''. SEC. 2. RESTRICTIONS ON PROVISION OF ACCESS TO SOCIAL SECURITY ACCOUNT STATEMENT INFORMATION, PERSONAL EARNINGS AND BENEFITS ESTIMATE STATEMENT INFORMATION, OR TAX RETURN INFORMATION OF AN INDIVIDUAL. (a) Prohibition Against Making Certain Information Available Through the Internet.--No Federal officer or employee may make available through the Internet a social security account statement (or information contained in such a statement), a personal earnings and benefits estimate statement (or information contained in such a statement), a tax return, or tax return information of an individual. (b) Restriction on Access Without Written Consent of Individual.-- No Federal officer or employee may make available to a member of the public a social security account statement (or information contained in such a statement), a personal earnings and benefits estimate statement (or information contained in such a statement), a tax return, or tax return information of an individual without the written consent of such individual. SEC. 3. COMMISSION ON PRIVACY OF GOVERNMENT RECORDS. (a) Establishment of Commission.-- (1) Establishment.--There is established a commission to be known as the ``Commission on Privacy of Government Records'' (in this Act referred to as the ``Commission''). (2) Composition.--The Commission shall be composed of 9 members appointed as follows: (A) Five members appointed by the President. (B) Two members appointed by the Speaker of the House of Representatives. (C) Two members appointed by the majority leader of the Senate. (3) Initial appointments.--Each member of the Commission shall be appointed to the Commission not later than 60 days after the date of the enactment of this Act. (4) Chairman.--There shall be a Chairman of the Commission who shall be designated by the President at the time of the appointment. (5) Period of appointment.--Each member shall be appointed for the life of the Commission. (6) Vacancies.--Any vacancy shall be filled in the same manner as the original appointment of a member of the Commission. (b) Functions of Commission.--The Commission shall investigate-- (1) the protection and privacy afforded by the Federal Government to the tax information (including any tax return and tax return information), social security information (including any social security account statement and personal earnings and benefits estimate statement), and other personal and confidential information with respect to individuals contained in Government records and documents; and (2) procedures and mechanisms through which an individual may be provided access to such information with respect to the individual without jeopardizing the privacy of the individual. (c) Report.--Not later than April 15, 1998, the Commission shall submit to the President and the Congress a report containing a detailed statement of the Commission's findings and conclusions and the Commission's recommendations for administrative and legislative action. (d) Powers.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission may administer oaths to witnesses appearing before it. (2) Obtaining information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of that department or agency shall furnish that information to the Commission in a full and timely manner. (3) Immunity.--The Commission is an agency of the United States for purposes of part V of title 18, United States Code (relating to immunity of witnesses). (4) Contract authority.--The Commission may contract with and compensate government and private agencies or persons for goods and services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (e) Commission Procedures.-- (1) Meetings.--The Commission shall meet at the call of the Chairman or a majority of its members. (2) Quorum.--Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (3) Delegation of authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this Act. (f) Personnel Matters.-- (1) Pay of members.--(A) Except as provided in paragraph (2), members shall each be entitled to receive 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 they are engaged in the actual performance of duties vested in the Commission. (B) Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (3) Staff.--(A) The Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint a staff director and such additional personnel as may be necessary to enable the Commission to perform its duties. (B) The Commission may fix the pay of the staff 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 fixed under this paragraph for the staff director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title and the rate of pay for other personnel may not exceed the maximum rate payable for grade GS-15 of the General Schedule. (g) Other Administrative Provisions.-- (1) Postal and printing services.--The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the United States. (2) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (3) Staff of federal agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (4) Gifts, bequests, and devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (h) Termination of Commission.--The Commission shall terminate not later than 60 days after submitting its report to the President and the Congress pursuant to subsection (c).

American Family Privacy Act of 1997 - Prohibits a Federal officer or employee from making available a social security account statement (or information contained in such a statement), a personal earnings and benefits estimate statement (or information contained in such a statement), a tax return, or tax return information of an individual: (1) through the Internet; or (2) without the individual's written consent, to a member of the public. Establishes the Commission on Privacy of Government Records to investigate: (1) the protection and privacy afforded by the Federal Government to the tax information (including any tax return and tax return information), social security information (including any social security account statement and personal earnings and benefits estimate statement), and other personal and confidential information with respect to individuals contained in Government records and documents; and (2) procedures and mechanisms through which an individual may be provided access to such information with respect to the individual without jeopardizing the individual's privacy.

American Family Privacy Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Appropriations Transparency Act of 2007''. SEC. 2. OUT OF SCOPE EARMARKS OR TAX EARMARKS IN CONFERENCE REPORTS. (a) In General.--In the House of Representatives or the Senate, a point of order may be made by any Member against consideration of a conference report that includes any earmark or tax earmark not committed to conference by either House. The point of order shall be made and voted on separately for each item in violation of this section. (b) Disposition.--If the point of order against a conference report under subsection (a) is sustained, then-- (1) the earmark or tax earmark in such conference report shall be deemed to have been struck; (2) when all other points of order under this section have been disposed of-- (A) the House or Senate, as applicable, shall proceed to consider the question of whether the House or Senate should recede from its amendment to the Senate bill or House bill, or its disagreement to the amendment of the Senate or the House, and concur with a further amendment, which further amendment shall consist of only that portion of the conference report not deemed to have been struck; (B) the question shall be debatable; and (C) no further amendment shall be in order; and (3) if the House or the Senate, as applicable, agrees to the amendment, then the bill and the House amendment thereto, or the bill and the Senate amendment thereto, shall be returned to the Senate or the House for its concurrence in the amendment of the House or the Senate. (c) Waiver and Appeal.--This section may be waived or suspended in the House of Representatives or the Senate only by an affirmative vote of a majority of the Members, duly chosen and sworn. In the Senate, an affirmative vote of a majority of its Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section. SEC. 3. DEFINITIONS. (a) Definitions.--As used in this Act: (1) The term ``earmark'' means a provision in a bill or conference report-- (A) with respect to an appropriation bill or conference report thereon providing or recommending an amount of budget authority for a contract, loan, loan guarantee, grant, or other expenditure with or to a non-Federal entity, if-- (i) such entity is specifically identified in the bill; or (ii) if the discretionary budget authority is allocated outside of the statutory or administrative formula-driven or competitive bidding process and is targeted or directed to an identifiable entity, specific State, or Congressional district; or (B) with respect to a measure other than that specified in subparagraph (A) or conference report thereon providing authority, including budget authority, or recommending the exercise of authority, including budget authority, for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to a non-Federal entity, if-- (i) such entity is specifically identified in the bill; (ii) if the authorization for, or provision of, budget authority, contract authority loan authority or other expenditure is allocated outside of the statutory or administrative formula-driven or competitive bidding process and is targeted or directed to an identifiable entity, specific State, or Congressional district; or (iii) if such authorization for, or provision of, budget authority, contract authority, loan authority or other expenditure preempts statutory or administrative State allocation authority. (2)(A) The term ``tax earmark'' means any revenue-losing provision that provides a Federal tax deduction, credit, exclusion, or preference to only one beneficiary (determined with respect to either present law or any provision of which the provision is a part) under the Internal Revenue Code of 1986 in any year for which the provision is in effect; (B) for purposes of subparagraph (A)-- (i) all businesses and associations that are members of the same controlled group of corporations (as defined in section 1563(a) of the Internal Revenue Code of 1986) shall be treated as a single beneficiary; (ii) all shareholders, partners, members, or beneficiaries of a corporation, partnership, association, or trust or estate, respectively, shall be treated as a single beneficiary; (iii) all employees of an employer shall be treated as a single beneficiary; (iv) all qualified plans of an employer shall be treated as a single beneficiary; (v) all beneficiaries of a qualified plan shall be treated as a single beneficiary; (vi) all contributors to a charitable organization shall be treated as a single beneficiary; (vii) all holders of the same bond issue shall be treated as a single beneficiary; and (viii) if a corporation, partnership, association, trust or estate is the beneficiary of a provision, the shareholders of the corporation, the partners of the partnership, the members of the association, or the beneficiaries of the trust or estate shall not also be treated as beneficiaries of such provision. (3) The term ``revenue-losing provision'' means any provision that is estimated to result in a reduction in Federal tax revenues (determined with respect to either present law or any provision of which the provision is a part) for any one of the two following periods-- (A) the first fiscal year for which the provision is effective; or (B) the period of the 5 fiscal years beginning with the first fiscal year for which the provision is effective; and (4) The terms used in paragraphs (2) and (3) shall have the same meaning as those terms have generally in the Internal Revenue Code of 1986, unless otherwise expressly provided. (b) Clarification.--For purposes of this Act-- (1) government-sponsored enterprises, Federal facilities, and Federal lands shall be considered Federal entities; (2) to the extent that the non-Federal entity is a State, unit of local government, territory, an Indian tribe, a foreign government or an intergovernmental international organization, the provision shall not be considered an earmark unless the provision also specifies the specific purpose for which the designated budget authority is to be expended; (3) the term ``budget authority'' shall have the same meaning as such term is defined in section 3 of the Congressional Budget Act of 1974 (2 U.S.C. 622); and (4) an obligation limitation shall be treated as budget authority.

Appropriations Transparency Act of 2007 - Allows a point of order to be made by any Member in the House of Representatives or the Senate against consideration of a conference report that includes any earmark or tax earmark not committed to conference by either chamber. Defines "tax earmark" as any revenue-losing provision that provides a federal tax deduction, credit, exclusion, or preference to only one beneficiary (determined with respect to either present law or any provision of which the provision is a part) under the Internal Revenue Code in any year for which the provision is in effect.

To prohibit the inclusion of earmarks in conference reports that were not in the House- or Senate-passed bills.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom for Refugees Escaping Enmity (FREE) Act''. SEC. 2. NULLIFICATION OF EFFECT OF EXECUTIVE ORDER. (a) In General.--The Executive Order entitled ``Protecting the Nation from Foreign Terrorist Entry into the United States'' (January 27, 2017) (``the Executive Order''), is null and void, shall have no force or effect, and may not be implemented, administered, enforced, or carried out. (b) Effective Date.--Subsection (a) shall take effect as if enacted concurrent with the execution of the Executive Order. (c) No Funds Available.--No amounts (including fees) made available to the Secretary of Homeland Security, or to any other official of a Federal agency, by any Act for any fiscal year, may be used to implement, administer, enforce, or carry out (including through the issuance of any regulations) any of the policy changes set forth in the Executive Order. (d) Release of Aliens in Custody.--The Secretary of Homeland Security shall release any alien in custody under the authority of the Executive Order. (e) Revoked Visas.--The Secretary of State shall ensure that any visa or other documentation issued to an alien and revoked, or provisionally revoked, under the authority of the Executive Order is reinstated, reissued, or replaced, as appropriate, unless a consular officer knows, or has reason to believe, that the alien is ineligible to receive the visa or documentation under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) or any other provision of the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). The Secretary of State shall ensure that, in the case of an alien who was unable to apply for admission before the expiration of the validity of the alien's visa by reason of the Executive Order, the visa is timely renewed or replaced, as appropriate, in order to afford the alien an opportunity to apply for admission, unless a consular officer knows, or has reason to believe, that the alien is ineligible to receive the visa or documentation under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) or any other provision of the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). (f) Visa Refusal.--The Secretary of State shall ensure that any decision by a consular officer to refuse a visa or other documentation under the authority of the Executive Order is reconsidered by the consular officer in order to determine whether the consular officer knows, or has reason to believe, that the alien is ineligible to receive the visa or documentation under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) or any other provision of the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). (g) No Effect on Immigration Status or Benefits.--The Executive Order, and any action taken under the authority of the Executive Order, shall not be considered to have modified or otherwise affected the immigration status, or eligibility for any immigration benefit, under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) of any person. Section 206 the Immigration and Nationality Act (8 U.S.C. 1156), section 212(a)(9)(A) of such Act (8 U.S.C. 1182(a)(9)(A)), and section 276 of such Act (8 U.S.C. 1326) shall not be construed to apply to any denial of admission, removal, or departure from the United States under the authority of the Executive Order. No alien may be adversely affected for any withdrawal of an application for admission or other voluntary departure from the United States initiated due to the Executive Order. The registration of any alien may not be terminated under section 203(g) of the Immigration and Nationality Act (8 U.S.C. 1153(g)) if the alien fails timely to apply for an immigrant visa by reason of the Executive Order. SEC. 3. NONDISCRIMINATION IN THE ISSUANCE OF IMMIGRANT VISAS BASED ON RELIGION. Section 202(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(1)(A)) is amended by inserting ``religion or lack of religious beliefs,'' after ``sex,''. SEC. 4. PROHIBITION ON DENYING ADMISSION OR ENTRY BECAUSE OF RELIGION. (a) In General.--Chapter 2 of title I of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after section 219 the following: ``SEC. 220. PROHIBITION ON DENYING ADMISSION OR ENTRY BECAUSE OF RELIGION. ``Notwithstanding any other provision of the immigration laws, an alien may not be denied entry, reentry, or admission to the United States because of the alien's religion or lack of religious beliefs.''. (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 219 the following: ``Sec. 220. Prohibition on denying admission or entry because of religion.''. SEC. 5. LIMITATION ON PRESIDENTIAL AUTHORITY. Section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) is amended-- (1) by striking ``(f)'' and inserting ``(f)(1)''; and (2) by adding at the end the following: ``(2)(A) Beginning on the date of the enactment of this paragraph, the President, notwithstanding paragraph (1) and section 215(a)(1), may not exercise the President's authority under such provisions so as to modify the requirements under the immigration laws for entry, reentry, or admission, as applied to an alien having, on the date of such exercise of authority-- ``(i) a valid and unexpired immigrant or nonimmigrant visa; or ``(ii) valid and unexpired status as-- ``(I) an alien lawfully admitted for permanent residence; ``(II) a refugee who qualifies for admission, or who has been admitted, under section 207(c)(1); or ``(III) an alien granted asylum. ``(B) Nothing in subparagraph (A) shall be construed to affect the authorities under subsections (h) and (i) of section 221.''.

Freedom for Refugees Escaping Enmity (FREE) Act This bill nullifies Executive Order 13769, entitled "Protecting the Nation from Foreign Terrorist Entry into the United States." No federal funds may be used to implement or enforce any of the policy changes set forth in such order. Among the order's major provisions are restrictions on the entry of immigrants and nonimmigrants from seven countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) and additional limitations on refugee admissions to the United States. The Department of Homeland Security shall release any alien in custody under authority of such order. Visas or documentation that were revoked or refused under authority of such order shall be reissued or reconsidered as appropriate unless a consular officer knows, or has reason to believe, that the alien is ineligible to receive the visa or documentation under any provision of the immigration laws. The Immigration and Nationality Act is amended to prohibit an alien from being given immigration visa preference, being discriminated against, or being denied U.S. entry or admission based upon religion or lack of religious beliefs. The President may may not exercise his or her authority to suspend or restrict the U.S. entry of aliens or classes of aliens so as to modify the entry, reentry, or admission requirements of an alien having a valid and unexpired: (1) immigrant or nonimmigrant visa, or (2) refugee or legal permanent resident status.

Freedom for Refugees Escaping Enmity (FREE) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Language Act of 1995''. SEC. 2. ENGLISH AS OFFICIAL LANGUAGE. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language. ``162. Official Government activities in English. ``163. Exceptions. ``Sec. 161. Declaration of official language ``English shall be the official language of the Government of the United States. ``Sec. 162. Official Government activities in English ``The Government of the United States shall conduct its official business in English, including publications, income tax forms, and informational materials. ``Sec. 163. Exceptions ``This chapter does not apply to the use of a language other than English-- ``(1) for religious purposes; ``(2) for training in foreign languages for international communication; ``(3) to programs in schools designed to encourage students to learn foreign languages; or ``(4) by persons over 62 years of age. ``This chapter does not prevent the Government of the United States from providing interpreters for persons over 62 years of age.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Government............................. 161''. SEC. 3. TERMINATION OF BILINGUAL EDUCATION PROGRAMS. (a) Repeal of Bilingual Education Act.--The Bilingual Education Act (20 U.S.C. 3281 et seq.) is repealed. (b) Termination of Office of Bilingual Education and Minority Languages Affairs.--The Office of Bilingual Education and Minority Languages Affairs in the Department of Education, established by part D of the Bilingual Education Act (20 U.S.C. 3331 et seq.), is terminated. (c) Recapture of Unexpended Funds.--Any funds that have been provided as grants under the Bilingual Education Act (20 U.S.C. 3281 et seq.), and that have not been expended before the date of the enactment of this Act, shall be recaptured by the Secretary of Education and deposited in the general fund of the Treasury. (d) Transitional Provisions.-- (1) Completion of programs during current school year.-- Subsections (a) and (c) shall not apply to any program under part A of the Bilingual Education Act (20 U.S.C. 3291 et seq.) until completion of the most recent school year of the program that commenced before the date of the enactment of this Act. (2) Assistance for transition to special alternative instructional programs.--During the 1-year period beginning on the date of the enactment of this Act, the Secretary of Education may assist local educational agencies in the transition of children enrolled in programs assisted under the Bilingual Education Act (20 U.S.C. 3281 et seq.) to Special Alternative Instructional Programs that do not make use of the native language of the student. SEC. 4. REPEAL OF BILINGUAL VOTING REQUIREMENTS. (a) In General.-- (1) Bilingual election requirements.-- Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. (2) Voting rights.--Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). (b) Conforming Amendments.-- (1) References to section 203.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in section 204, by striking ``or 203,''; and (B) in the first sentence of section 205, by striking ``, 202, or 203'' and inserting ``or 202''. (2) References to section 4.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, and 13, by striking ``, or in contravention of the guarantees set forth in section 4(f)(2)''; (B) in paragraphs (1)(A) and (3) of section 4(a), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2)''; and (C) in paragraphs (1)(B) and (5) of section 4(a), by striking ``or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''. SEC. 5. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF NEW CITIZENS. Section 337(d) of the Immigration and Nationality Act (8 U.S.C. 1448(d)) is amended by adding at the end the following new sentence: ``All public ceremonies in which the oath of allegiance is administered pursuant to this section shall be conducted solely in the English language.''. SEC. 6. NONPREEMPTION. This Act (and the amendments made by this Act) shall not preempt any law of any State.

National Language Act of 1995 - Makes English the official language of the U.S. Government. Requires the Government to conduct its official business in English, including publications, income tax forms, and informational materials. Provides that this Act shall not apply to the use of a language other than English for religious purposes, for training in foreign languages for international communication, to programs in schools designed to encourage students to learn foreign languages, or by persons over age 62. Permits the Government to provide interpreters for persons over age 62. Repeals the Bilingual Education Act. Terminates the Office of Bilingual Education and Minority Languages Affairs in the Department of Education. Sets forth provisions regarding the recapture of unexpended funds and transitional provisions. Repeals provisions of the Voting Rights Act of 1965 regarding bilingual election requirements and regarding congressional findings of voting discrimination against language minorities, prohibition of English-only elections, and other remedial measures. Amends the Immigration and Nationality Act to require that all public ceremonies in which the oath of allegiance is administered pursuant to such Act be conducted solely in English. Specifies that this Act shall not preempt the law of any State.

National Language Act of 1995

SECTION 1. FINDINGS. Congress makes the following findings: (1) Eighty to ninety percent of the means by which we prevent and control chronic disease is with medications. Assuring the most appropriate and effective medications are used to optimize patient outcomes is a national priority. The ability of patients to then adhere to the medication regimen becomes vital. (2) Between \1/2\ and \2/3\ of individuals with chronic diseases in the United States do not take medications as prescribed. (3) Suboptimal medication use, including untreated indications (such as failure to immunize), over or under dosing of medications, safety issues, and low rates of medication adherence result in higher health care costs, reduced effectiveness of health care treatments and regimes, negative health effects for patients, and tens of thousands of deaths on an annual basis. (4) Appropriate medication use and adherence may be lowest among individuals with chronic diseases. (5) Improving medication adherence would reduce unnecessary hospital admissions and emergency room visits. (6) Drug therapy problems including underuse and nonadherence is estimated to cost the healthcare system in the United States over $290,000,000,000 each year. (7) Improving appropriate medication adherence could improve patient health outcomes, reduce health care costs, and lead to productivity gains. SEC. 2. NATIONAL RESEARCH AND REPORTING STRATEGY FOR IMPROVED MEDICATION ADHERENCE. Part A of title III of the Public Health Service Act (42 U.S.C. 341 et seq.) is amended by adding at the end the following: ``SEC. 310B. NATIONAL RESEARCH AND REPORTING STRATEGY FOR IMPROVED MEDICATION ADHERENCE. ``(a) In General.--The Secretary, in coordination with the Administrator of the Agency for Healthcare Research and Quality, the Administrator of the Centers for Medicare & Medicaid Services, and the Director of the Centers for Disease Control and Prevention, shall report annual statistics on medication adherence, particularly with respect to individuals with chronic diseases such as cardiovascular disease, hypertension, diabetes, autoimmune diseases, chronic obstructive pulmonary disease, and mental health conditions, to better inform decisionmakers regarding-- ``(1) primary nonadherence, including among patients newly prescribed one or more medications at the time of discharge from an acute care setting; ``(2) medication persistence; ``(3) related quality measures with respect to medication and methods to improve medication adherence and medication persistence; and ``(4) the strategies used by private stakeholders to improve medication adherence among individuals with one or more chronic illnesses. ``(b) Federal Health Care Programs.--The research conducted, and information and statistics developed, under subsection (a) (other than paragraph (6) of such subsection) shall be with respect to individuals treated under the following health care programs: ``(1) The Medicare program under title XVIII of the Social Security Act. ``(2) The Medicaid program under title XIX of the Social Security Act. ``(3) The Federal Employees Health Benefits Plan under chapter 89 of title 5, United States Code. ``(4) The TRICARE program under chapter 55 of title 10, United States Code. ``(5) Hospital care and medical services furnished by the Department of Veterans Affairs under chapters 17 and 18 of title 38, United States Code. ``(c) Definitions.--In this section: ``(1) The term `medication adherence' means a patient taking medications as prescribed by their health care provider, which may include the prescribed dosage, time, frequency, and direction. ``(2) The term `medication persistence' means the act of continuing treatment with a medication for the prescribed duration. ``(3) The term `primary nonadherence' means the failure to fill a newly prescribed medication. ``(4) The term `medication management' means medical care provided by a health care professional to optimize drug therapy and improve therapeutic outcomes for patients, including medication therapy management. ``(d) Reports to Congress.--The Secretary shall submit to Congress an initial report on the research conducted under this section not later than 1 year after the date of enactment of this section, and an updated report not later than 5 years after submission of such initial report.''. SEC. 3. LINKING MEDICARE PRESCRIPTION DRUG AND PARTS A AND B CLAIMS DATA. Section 1860D-4(c) of the Social Security Act (42 U.S.C. 1395w- 104(c)) is amended by adding at the end the following new paragraph: ``(5) Linking prescription drug and parts a and b claims data.-- ``(A) In general.--Notwithstanding any other provision of law, subject to subparagraph (B), effective for plan year 2018 and each subsequent plan year, the Secretary shall, upon request by the PDP sponsor of a prescription drug plan, provide the plan with enrollee claims data under parts A and B, in order to enable the plan to see the items and services furnished to an enrollee under such parts and to provide greater context for the medication regimen of the enrollee. ``(B) Requirements.--The data described in subparagraph (A) shall, as determined by the Secretary, be provided to a prescription drug plan on a regular basis and in a format that is computable and accessible to assist plan efforts in identifying and supporting at-risk enrollees.''. SEC. 4. RECOGNIZING MEDICATION MANAGEMENT IMPROVES QUALITY UNDER MEDICARE ADVANTAGE AND PRESCRIPTION DRUG PLANS. Section 1857(e) of the Social Security Act is amended-- (1) in paragraph (4), by striking ``If the Secretary'' and inserting ``Subject to paragraph (5), if the Secretary''; and (2) by adding at the end the following new paragraph: ``(5) Recognizing medication management improves quality.-- For purposes of calculating the minimum medical loss ratio under paragraph (4) for a contract year (beginning with 2018), the Secretary shall include medication management (as defined in section 310B(c) of the Public Health Service Act) as part of activities that improve health care quality (as described with respect to Medicare Advantage plans and prescription drug plans in sections 422.2430 and 423.2430, respectively, of title 42, Code of Federal Regulations (or in any successor regulation)).''. SEC. 5. ENHANCED MEDICATION THERAPY MANAGEMENT MODEL FOR MA-PD PLANS. Section 1115A(b)(2) of the Social Security Act (42 U.S.C. 1315a(b)(2)) is amended-- (1) in subparagraph (A), by adding at the end the following new sentence: ``The models selected under this subparagraph shall include the model described in subparagraph (D), which shall be implemented by not later than the date that is 1 year after the implementation of the Part D Enhanced Medication Therapy Management Model, as conducted by the Centers for Medicare & Medicaid Services with respect to stand-alone basic prescription drug plans.''; and (2) by adding at the end the following new subparagraph: ``(D) Enhanced medication therapy management for ma-pd plans.-- ``(i) In general.--Subject to clause (ii), the model described in this subparagraph is a model to test, with respect to MA-PD plans (as defined in section 1860D-1(a)(3)(C)), a model for enhanced medication therapy management that is similar to the Part D Enhanced Medication Therapy Management Model, as conducted by the Centers for Medicare & Medicaid Services with respect to stand-alone basic prescription drug plans. ``(ii) No additional performance payment.-- Under the model described in this subparagraph, an MA-PD plan (as so defined) shall not receive any additional performance payment (other than any applicable percentage quality increase otherwise applicable for the plan under section 1853(o)).''.

This bill amends the Public Health Service Act to require the Department of Health and Human Services to research and report on medication adherence with respect to federal health care programs. ("Medication adherence" refers to the extent to which patients take their medications as prescribed.) In addition, the bill amends titles XI (General Provisions) and XVIII (Medicare) of the Social Security Act to require the Centers for Medicare & Medicaid Services to: upon request by a prescription drug plan (PDP) sponsor, provide the plan with Medicare enrollee claims data to provide context for an enrollee's medication regimen; in calculating the minimum medical loss ratio with respect to PDPs, include medication management as an activity that improves health care quality; and through the Center for Medicare and Medicaid Innovation, test a model for enhanced medication therapy management for PDPs under Medicare Advantage.

A bill to improve medication adherence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ITIN Reform Act of 2012''. SEC. 2. REQUIREMENTS FOR THE ISSUANCE OF ITINS. (a) In General.--Section 6109 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(i) Special Rules Relating to the Issuance of ITINs.-- ``(1) In general.--The Secretary may issue an individual taxpayer identification number to an individual only if the requirements of paragraphs (2) and (3) are met. ``(2) In-person application.--The requirements of this paragraph are met if, with respect to an application for an individual taxpayer identification number-- ``(A) the applicant submits the application in person at a taxpayer assistance center of the Internal Revenue Service a Form W-7 (or any successor thereof), together with the required documentation, or ``(B) in the case of an applicant who resides outside of the United States, the applicant submits the application in person to an employee of the Internal Revenue Service or a designee of the Secretary at a United States diplomatic mission or consular post, together with the required documentation. ``(3) Initial on-site verification of documentation.--The requirements of this paragraph are met if, with respect to each application, an employee of the Internal Revenue Service at the taxpayer assistance center, or the employee or designee described in paragraph (2)(B), as the case may be, conducts an initial verification of the documentation supporting the application submitted under paragraph (2). ``(4) Required documentation.--For purposes of this subsection-- ``(A) required documentation includes such documentation as the Secretary may require that proves the individual's identity and foreign status, and ``(B) the Secretary may only accept original documents. ``(5) Exceptions.-- ``(A) Military spouses.--Paragraph (1) shall not apply to the spouse, or the dependents, without a social security number of a taxpayer who is a member of the Armed Forces of the United States. ``(B) Treaty benefits.--Paragraph (1) shall not apply to a nonresident alien applying for an individual taxpayer identification number for the purpose of claiming tax treaty benefits. ``(6) Term.-- ``(A) In general.--An individual taxpayer identification number issued after the date of the enactment of this subsection shall be valid only for the 3-year period which includes the taxable year of the individual for which such number is issued and the 2 succeeding taxable years. ``(B) Continued validity.--Such number shall be valid for each succeeding 3-year period if-- ``(i) a return of the individual (or, if a dependent, on which the individual is included) is made for a taxable year in the preceding 3- year period, and ``(ii) each of the preceding 3-year periods beginning with the period in which such number was issued is a valid period under this paragraph. ``(C) Special rule for existing itins.--In the case of an individual with an individual taxpayer identification number issued on or before the date of the enactment of this subsection, such number shall not be valid-- ``(i) after the end of the 3-year period beginning on the date of the enactment of this subsection, and ``(ii) if a return of the individual (or, if a dependent, on which the individual is included) is not made for the first taxable year beginning after the date of the enactment of this subsection.''. (b) Interest.--Section 6611 of such Code is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Special Rule Relating to ITINs.--Notwithstanding any other provision of this section, no interest shall be allowed or paid to or on behalf of a individual with respect to any overpayment until after 45 days after an individual taxpayer identification number is issued to the individual.''. (c) Audit by TIGTA.--Not later than two years after the date of the enactment of this Act, and every two years thereafter, the Treasury Inspector General for Tax Administration shall conduct an audit of the program of the Internal Revenue Service for the issuance of individual taxpayer identification numbers pursuant to section 6109(i) of the Internal Revenue Code of 1986. The report required by this subsection shall be submitted to the Congress. (d) Effective Date.-- (1) Subsection (a).--The amendment made by subsection (a) shall apply to requests for individual taxpayer identification numbers made after the date of the enactment of this Act. (2) Subsection (b).--The amendment made by subsection (b) shall apply to returns due, claims filed, and refunds paid after the date of the enactment of this Act.

ITIN Reform Act of 2012 - Amends the Internal Revenue Code to authorize the Secretary of the Treasury to issue an individual taxpayer identification number (ITIN) to an individual only if such individual: (1) submits an application for an ITIN in person at an Internal Revenue Service (IRS) taxpayer assistance center with required documentation, or (2) submits an application in person outside of the United States to an IRS employee or a designee of the Secretary at a U.S. diplomatic mission or consular post with required documentation. Exempts from such requirements: (1) the spouse, or the dependents, without a social security number of a taxpayer who is a member of the U.S. Armed Forces, and (2) nonresident aliens claiming tax treaty benefits.

To amend the Internal Revenue Code of 1986 to require that ITIN applicants submit their application in person at taxpayer assistance centers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Soldier Prevention Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The recruitment or use of children in armed conflict is unacceptable for any government or government supported entity receiving United States assistance. (2) The recruitment or use of children in armed conflict, including direct combat, support roles, and sexual slavery, continued during 2015-2016 in Afghanistan, South Sudan, Sudan, Burma, the Democratic Republic of Congo, Iraq, Nigeria, Rwanda, Somalia, Syria, and Yemen. (3) Police forces of the Government of Afghanistan participate in counter-terrorism operations, direct and indirect combat, security operations, fight alongside regular armies, and are targeted for violence by the Taliban as well as by other opposition groups. (4) Entities of the Government of Afghanistan, particularly the Afghan Local Police and Afghan National Police, continue to recruit children to serve as combatants or as servants, including as sex slaves. (5) In February 2016, a 10-year-old boy was assassinated by the Taliban after he had been publically honored by Afghan local police forces for his assistance in combat operations against the Taliban. (6) Recruitment and use of children in armed conflict by government forces has continued in 2016 in South Sudan with the return to hostilities. (7) At least 650 children have been recruited and used in armed conflict in South Sudan in 2016, and at least 16,000 have been recruited since the country's civil war began in 2013. SEC. 3. AMENDMENTS TO THE CHILD SOLDIERS PREVENTION ACT OF 2008. (a) Definitions.--Section 402(2)(A) of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c(2)(A)) is amended by inserting ``, police, or other security forces'' after ``governmental armed forces'' each place it appears. (b) Prohibition.--Section 404 of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c-1) is amended-- (1) in subsection (a)-- (A) by inserting ``, police, or other security forces'' after ``governmental armed forces''; and (B) by striking ``recruit and use child soldiers'' and inserting ``recruit or use child soldiers''; (2) in subsection (b)(2) to read as follows: ``(2) Notification.--Not later than 45 days after the date of submission of the report required under section 110(b) of the Trafficking Victims Protection Act of 2000, the Secretary of State-- ``(A) shall formally notify any government included in the list required under paragraph (1); and ``(B) shall notify the appropriate congressional committees that the requirements of subparagraph (A) have been met.''; (3) in subsection (c)(1), by adding at the end before the period the following: ``and certifies to the appropriate congressional committees that such government is taking effective and continuing steps to address the problem of child soldiers''; and (4) in subsection (e)(1), by striking ``for international military education, training, and'' and inserting ``under section 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347) through the Defense Institute for International Legal Studies or the Center for Civil-Military Relations at the Naval Post-Graduate School and provide''. (c) Reports.--Section 405 of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c-2) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``, during any of the 5 years following the date of the enactment of this Act,''; (B) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (C) by inserting after paragraph (1) (as so amended) the following: ``(2) a description and the amount of any assistance withheld under this title pursuant to the application to those countries of the prohibition in section 404(a);''; and (D) in paragraph (5) (as so redesignated), by inserting ``and the amount'' after ``a description''; and (2) by adding at the end the following: ``(d) Information To Be Included in Annual Trafficking in Persons Report.--If a country is notified pursuant to section 404(b)(2), or a waiver is granted pursuant to section 404(c)(1), the Secretary of State shall include in the report required under section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) the information required to be included in the annual report to Congress under paragraphs (1) through (5) of subsection (c).''.

Child Soldier Prevention Act of 2017 This bill amends the Child Soldier Prevention Act of 2008 to prohibit assistance from being provided to, or licenses for direct commercial sales of military equipment issued to, the government of a country whose police or other security forces recruit and use child soldiers. The Department of State shall include such countries in its annual trafficking in persons report. Specified other reporting requirements are revised.

Child Soldier Prevention Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Science Foundation Scholars Program Act''. SEC. 2. SCHOLARSHIP PROGRAM. (a) Establishment.--The Director shall establish a program to provide scholarships to students in science, technology, engineering, or mathematics programs at institutions of higher education in the United States. (b) Application Process.-- (1) Preapplication information.--The Director shall make available to potential scholarship applicants information relating to the scholarship program, including-- (A) a description of expectations for the success of scholarship recipients in school; and (B) any other information the Director considers appropriate. (2) Deadline.--Complete applications shall be due by January 1 of each year. No applications received after such date shall be considered. (3) Selection.--The Director shall select scholarship recipients not later than April 15 of each year. (4) Notification.--The Director shall develop a system to ensure prompt notification to applicants of their selection for a scholarship, including notification by at least 2 of the following methods: (A) E-mail. (B) Telephone. (C) Mail. (c) Selection Criteria.--Scholarships shall be awarded under this section on the basis of merit, high school class rank, a personal essay on a topic chosen by the Director, and letters of recommendation of a number and type determined by the Director, with consideration given to financial need and the goal of providing support to members of underrepresented groups, within the meaning of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885 et seq.). (d) Amount of Scholarship.--A scholarship award under this section shall be in an amount sufficient to cover the cost of tuition, room and board, and fees at the institution of higher education the student is attending, not to exceed $20,000 per year. (e) Limitation.--A student may not receive scholarships under this section for more than 5 years of undergraduate study. (f) Termination.--A student who has received scholarship support under this section for a year who fails to maintain appropriate academic achievement, as determined by the Director on the basis of the student's transcript and a letter written by the student's advisor assessing in detail the progress of the student, shall not have the scholarship renewed for subsequent years. (g) Geographic Distribution.--To the extent possible, the Director shall ensure that scholarships under this section are distributed among the States, including commonwealths, territories, and possessions of the United States, proportionally to the size of their congressional delegations. SEC. 3. UNIVERSITY GRANTS. The Director shall establish a program to award annual grants of $5,000 to institutions of higher education at which 10 or more undergraduates are receiving a scholarship under this Act to develop and implement programs for-- (1) monthly gathering of such scholarship recipients to hear and ask questions of a speaker in a science, technology, engineering, or mathematics discipline working in business, industry, elementary or secondary education, or at a museum or other informal educational organization; (2) annual poster sessions in which such scholarship recipients present their research experience to, among others, high school students who are potential applicants for a scholarship under this Act; (3) other outreach to middle school and high school students; and (4) mentoring for the scholarship recipients. SEC. 4. NATIONAL SCIENCE FOUNDATION RESPONSIBILITIES. The Director shall-- (1) annually report to the Congress on the status of programs implemented under this Act, including-- (A) aggregate data on scholarship recipients, not including any personally identifying data; (B) the geographic distribution of scholarship awards; (C) activities of scholarship recipients after receiving their undergraduate degree; (D) any changes made to those programs; and (E) responses to any other congressional inquiries; and (2) establish and maintain a website for current, former, and potential scholarship recipients to share ideas, contribute to issue forums, present work, and learn about research opportunities. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Science Foundation for carrying out this Act-- (1) $242,000,000 for fiscal year 2007; (2) $726,000,000 for fiscal year 2008; (3) $1,695,500,000 for fiscal year 2009; (4) $2,180,000,000 for fiscal year 2010; and (5) $2,664,500,000 for fiscal year 2011. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``Director'' means the Director of the National Science Foundation; and (2) the term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

National Science Foundation Scholars Program Act - Requires the Director of the National Science Foundation to provide competitive scholarships to students in undergraduate science, engineering, technology, or mathematics programs. Requires the Director to award annual $5,000 grants to institutions of higher education attended by at least 10 such scholarship recipients to develop programs which provide: (1) such recipients with interaction, on a monthly basis, with speakers in the science, engineering, technology, or mathematics disciplines who work in business, industry, elementary or secondary education, museums, or other informal educational settings; (2) annual poster sessions through which recipients present their research efforts; (3) outreach to middle and high school students; and (4) recipient mentoring. Requires the Director to establish a website where current, former, and potential scholarship recipients can share ideas, present work, and learn of research opportunities.

To provide for the establishment of a program at the National Science Foundation to increase the population of science, technology, engineering, and mathematics undergraduate students through a scholarship program to increase the business, industrial, academic, and scientific workforce, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arapaho and Roosevelt National Forests Land Exchange Act of 2004''. SEC. 2. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NATIONAL FORESTS, COLORADO. (a) Conveyance by City of Golden.-- (1) Non-federal land described.--The land exchange directed by this section shall proceed if, not later than 30 days after the date of enactment of this Act, the City of Golden, Colorado (referred to in this section as the ``City''), offers to convey title acceptable to the Secretary of Agriculture (referred to in this section as the ``Secretary'') to the following non-Federal land: (A) Certain land located near the community of Evergreen in Park County, Colorado, comprising approximately 80 acres, as generally depicted on the map entitled ``Non-Federal Lands--Cub Creek Parcel'', dated June 2003. (B) Certain land located near Argentine Pass in Clear Creek and Summit Counties, Colorado, comprising approximately 55.909 acres, as generally depicted on the map entitled ``Argentine Pass/Continental Divide Trail Lands'', dated September 2003. (2) Conditions of conveyance.-- (A) Vidler tunnel.--The conveyance of land under paragraph (1)(B) to the Secretary shall be subject to the continuing right of the City to permanently enter on, use, and occupy so much of the surface and subsurface of the land as reasonably is necessary to access, maintain, modify, or otherwise use the Vidler Tunnel to the same extent that the City would have had that right if the land had not been conveyed to the Secretary and remained in City ownership. (B) Advance approval.--The exercise of that right shall not require the City to secure any permit or other advance approval from the United States except to the extent that the City would have been required had the land not been conveyed to the Secretary and remained in City ownership. (C) Withdrawal.--On acquisition by the Secretary, the land is permanently withdrawn from all forms of entry and appropriation under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). (b) Federal Land Described.--On receipt of title to the non-Federal land identified in subsection (a) that is acceptable to the Secretary, the Secretary shall simultaneously convey to the City all right, title, and interest of the United States in and to certain Federal land, comprising approximately 9.84 acres, as generally depicted on the map entitled ``Empire Federal Lands--Parcel 12'', dated June 2003. (c) Equal Value Exchange.-- (1) Appraisal.-- (A) In general.--The values of the Federal land identified in subsection (b) and the non-Federal land identified in subsection (a)(1)(A) shall be determined by the Secretary through appraisals performed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (B) Donation.--Except as provided in paragraph (3), the conveyance of the non-Federal land identified in subsection (a)(1)(B) shall be considered a donation for all purposes of law. (2) Surplus of non-federal value.--If the final appraised value (as approved by the Secretary) of the non-Federal land identified in subsection (a)(1)(A) exceeds the final appraised value (as approved by the Secretary) of the Federal land identified in subsection (b), the values may be equalized by-- (A) reducing the acreage of the non-Federal land identified in subsection (a)(1)(A) to be conveyed, as determined appropriate and acceptable by the Secretary and the City; (B) making a cash equalization payment to the City, including a cash equalization payment in excess of the amount authorized by section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or (C) a combination of acreage reduction and cash equalization. (3) Surplus of federal value.-- (A) Appraisal.--If the final appraised value (as approved by the Secretary) of the Federal land identified in subsection (b) exceeds the final appraised value (as approved by the Secretary) of the non-Federal land identified in subsection (a)(1)(A), the Secretary shall-- (i) conduct an appraisal in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice for the non-Federal land to be conveyed pursuant to subsection (a)(1)(B); and (ii) use the value to the extent necessary to equalize the values of the non-Federal land identified in subsection (a)(1)(A) and the Federal land identified in subsection (b). (B) Cash equalization payment.--If the Secretary declines to accept the non-Federal land identified in subsection (a)(1)(B) for any reason or if the value of the Federal land described in subsection (b) exceeds the value of all of the non-Federal land described in subsection (a)(1), the City may make a cash equalization payment to the Secretary, including a cash equalization payment in excess of the amount authorized by section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (d) Exchange Costs.--The City shall pay for-- (1) any necessary land surveys; and (2) the costs of the appraisals, on approval of the appraiser and the issuance of appraisal instructions. (e) Timing and Interim Authorization.-- (1) Timing.--It is the intent of Congress that the land exchange directed by this Act shall be completed not later than 180 days after the date of enactment of this Act. (2) Interim authorization.--Pending completion of the land exchange, not later than 45 days after the date of enactment of this Act, subject to applicable law, the Secretary shall authorize the City to construct approximately 140 feet of water pipeline on or near the existing course of the Lindstrom ditch through the Federal land identified in subsection (b). (f) Alternative Sale Authority.-- (1) In general.--If the land exchange is not completed for any reason, the Secretary shall sell the Federal land identified in subsection (b) to the City at the final appraised value of the land, as approved by the Secretary. (2) Sisk act.--Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a) shall, without further appropriation, apply to any cash equalization payment received by the United States under this section. (g) Incorporation, Management, and Status of Acquired Land.-- (1) Incorporation.--Land acquired by the United States under the land exchange shall become part of the Arapaho and Roosevelt National Forests. (2) Boundary.--The exterior boundary of the Forests is modified, without further action by the Secretary, as necessary to incorporate-- (A) the non-Federal land identified in subsection (a); and (B) approximately an additional 80 acres as depicted on the map entitled ``Arapaho and Roosevelt National Forest Boundary Adjustment--Cub Creek'', dated June 2003. (3) Administration.--On acquisition, land or interests in land acquired under this section shall be administered in accordance with the laws (including rules and regulations) generally applicable to the National Forest System. (4) Land and water conservation fund.--For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Arapaho and Roosevelt National Forests (as adjusted by this subsection) shall be deemed to be the boundaries of the Forests as of January 1, 1965. (h) Technical Corrections.--The Secretary, with the agreement of the City, may make technical corrections or correct clerical errors in the maps referred to in this section. (i) Revocation of Orders and Withdrawal.-- (1) Revocation of orders.--Any public orders withdrawing any of the Federal land identified in subsection (b) from appropriation or disposal under the public land laws are revoked to the extent necessary to permit disposal of the Federal land. (2) Withdrawal.--On the date of enactment of this Act, if not already withdrawn or segregated from entry and appropriation under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.), the Federal land identified in subsection (b) is withdrawn until the date of the conveyance of the Federal land to the City. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Arapaho and Roosevelt National Forests Land Exchange Act of 2004 - Provides that an exchange of certain land located near the community of Evergreen in Park County, Colorado, and certain land located near Argentine Pass in Clear Creek and Summit Counties, Colorado, (the non-Federal land) shall proceed if, not later than 30 days after the enactment of this Act, the City of Golden, Colorado (the City), offers to convey title acceptable to the Secretary of Agriculture to those lands. Subjects the conveyance of the non-Federal land located near Argentine Pass to the continuing right of the City to permanently enter on, use, and occupy so much of the surface and subsurface land necessary to access, maintain, modify, or otherwise use the Vidler Tunnel. States that the exercise of that right shall not require the City to secure any permit or other advance approval from the United States, except to the extent that the City would have been required had the non-Federal land not been conveyed to the Secretary and remained in City ownership. Withdraws such land, upon acquisition by the Secretary, permanently from all forms of entry and appropriation under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970. Directs the Secretary, upon receipt of title to the non-Federal land that is acceptable, to simultaneously convey to the City all right, title, and interest of the United States in and to certain Federal land identified as the "Empire Federal Lands." Requires the values of such Federal land to be determined through specified appraisals. Considers the conveyance of the land located near Argentine Pass to be a donation for all purposes of law. Provides that: (1) if the final appraised value of the non-Federal land exceeds that of the Federal land, the values may be equalized by reducing the acreage of the non-Federal land and/or by making a cash equalization payment to the City; (2) if the final appraised value of the Federal land exceeds that of the non-Federal land, the Secretary shall conduct an appraisal for the non-Federal land and use the value to equalize such lands' values; or (3) if the Secretary declines to accept the non-Federal land located near Argentine Pass or if the value of the Federal land exceeds the value of all of the non-Federal land, the City may make a cash equalization payment to the Secretary. Requires the City to pay for any necessary land surveys and the costs of the appraisals. Expresses the intent of Congress that the land exchange directed by this Act be completed not later than 180 days after this Act's enactment. Instructs the Secretary, pending completion of the land exchange, not later than 45 days after enactment, subject to applicable law, to authorize the City to construct approximately 140 feet of water pipeline on or near the existing course of the Lindstrom ditch through the Federal land. States that if such land exchange is not completed the Secretary shall sell such Federal land to the City at the final appraisal value of such land. Applies the Sisk Act to any cash equalization payment received by the United States under this Act. Requires land acquired by the United States under the land exchange to become part of the Arapaho and Roosevelt National Forests. Modifies the exterior boundary of the Forests to incorporate the non-Federal land and an additional 80 acres identified as the "Cub Creek". Deems the boundaries of such Forests to be as January 1, 1965, for purposes of certain provisions of the Land and Water Conservation Fund. Revokes any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws to permit the disposal of such land. Declares that, on enactment, if not already withdrawn or segregated from entry and appropriation under such laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970, the Federal land is withdrawn until it is conveyed to the City.

A bill to direct the Secretary of Agriculture to exchange certain lands in the Arapaho and Roosevelt National Forests in the State of Colorado.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Identity Theft Prevention Act of 2015''. SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON MEDICARE CARDS. (a) In General.--Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) is amended-- (1) by moving clause (x), as added by section 1414(a)(2) of the Patient Protection and Affordable Care Act, 6 ems to the left; (2) by redesignating clause (x), as added by section 2(a)(1) of the Social Security Number Protection Act of 2010, and clause (xi) as clauses (xi) and (xii), respectively; and (3) by adding at the end the following new clause: ``(xiii) The Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall establish cost-effective procedures to ensure that a Social Security account number (or derivative thereof) is not displayed, coded, or embedded on the Medicare card issued to an individual who is entitled to benefits under part A of title XVIII or enrolled under part B of title XVIII and that any other identifier displayed on such card is not identifiable as a Social Security account number (or derivative thereof).''. (b) Implementation.--In implementing clause (xiii) of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as added by subsection (a)(3), the Secretary of Health and Human Services shall do the following: (1) In general.--Establish a cost-effective process that involves the least amount of disruption to, as well as necessary assistance for, Medicare beneficiaries and health care providers, such as a process that provides such beneficiaries with access to assistance through a toll-free telephone number and provides outreach to providers. (2) Consideration of medicare beneficiary identified.-- Consider implementing a process, similar to the process involving Railroad Retirement Board beneficiaries, under which a Medicare beneficiary identifier which is not a Social Security account number (or derivative thereof) is used external to the Department of Health and Human Services and is convertible over to a Social Security account number (or derivative thereof) for use internal to such Department and the Social Security Administration. (c) Funding for Implementation.--For purposes of implementing the provisions of and the amendments made by this section, the Secretary of Health and Human Services shall provide for the following transfers from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t), in such proportions as the Secretary determines appropriate: (1) To the Centers for Medicare & Medicaid Program Management Account, transfers of the following amounts: (A) For fiscal year 2015, $65,000,000, to be made available through fiscal year 2018. (B) For each of fiscal years 2016 and 2017, $53,000,000, to be made available through fiscal year 2018. (C) For fiscal year 2018, $48,000,000, to be made available until expended. (2) To the Social Security Administration Limitation on Administration Account, transfers of the following amounts: (A) For fiscal year 2015, $27,000,000, to be made available through fiscal year 2018. (B) For each of fiscal years 2016 and 2017, $22,000,000, to be made available through fiscal year 2018. (C) For fiscal year 2018, $27,000,000, to be made available until expended. (3) To the Railroad Retirement Board Limitation on Administration Account, the following amount: (A) For fiscal year 2015, $3,000,000, to be made available until expended. (d) Effective Date.-- (1) In general.--Clause (xiii) of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as added by subsection (a)(3), shall apply with respect to Medicare cards issued on and after an effective date specified by the Secretary of Health and Human Services, but in no case shall such effective date be later than the date that is four years after the date of the enactment of this Act. (2) Reissuance.--The Secretary shall provide for the reissuance of Medicare cards that comply with the requirements of such clause not later than four years after the effective date specified by the Secretary under paragraph (1).

Medicare Identity Theft Prevention Act of 2015 Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to establish cost-effective procedures to ensure that: (1) a Social Security account number (or any derivative) is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A (Hospital Insurance) of SSA title XVIII (Medicare) or enrolled under Medicare part B (Supplementary Medical Insurance); and (2) any other identifier displayed on such card is not identifiable as a Social Security account number (or any derivative).

Medicare Identity Theft Prevention Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Agricultural Floodplain Management Act of 2012''. SEC. 2. TASK FORCE TO ADVANCE AGRICULTURAL FLOODPLAIN MANAGEMENT IN THE NATIONAL FLOOD INSURANCE PROGRAM. (a) Definitions.--In this section: (1) Agricultural areas and rural communities.--The term ``agricultural areas and rural communities'' refers to areas where substantially all of the land-use is agricultural along with communities that are located in an area where a substantial portion of the economy, currently is and historically was, based on agricultural production. (2) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Establishment; Study.--The Administrator and the Secretary shall jointly establish a task force that shall conduct a study to analyze the challenges faced by agricultural areas and rural communities designated as an area having special flood hazards for purposes of the National Flood Insurance Program under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). (c) Membership.--The task force shall consist of 13 members, including the Administrator and Secretary, or their designees. All other members shall be appointed jointly by the Administrator and the Secretary as follows: (1) One individual who is a representative of a national farm organization or a national agricultural commodities organization. (2) One individual who is a representative of the insurance industry or the financial and banking industry. (3) One individual who is a representative of a national floodplain management organization or a national organization of flood and stormwater management agencies. (4) One individual who is a representative of agricultural floodplain interests. (5) Three local landowners or farmers (or both) or representatives from local flood control associations in impacted areas, including the Central Valley of California, the Mississippi Valley, and the Missouri Valley. (6) Two individuals who are elected officials of units of general local governments who represent agricultural areas and rural communities. (7) Two individuals who have an interest or expertise in the issues specified in subsection (b). (d) Co-Chairs.--The Administrator and the Secretary, or their designees, shall serve as co-chairs of the task force. (e) Staff.--The Administrator and the Secretary may detail, on a reimbursable basis, any of the personnel of such agencies to the task force to assist the task force in carrying out its duties under this section. (f) Report.--Not later than one year after the appointment of the members of task force, the task force shall submit to the Committee on Financial Services and the Committee on Agriculture of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report regarding the study conducted pursuant to subsection (b) that shall include any findings and conclusions of the study and recommended changes to the National Flood Insurance Program to strengthen the economic viability and vitality of agricultural areas and rural communities. The report shall include an analysis and recommendations regarding the following: (1) Impacts of the building restrictions of the National Flood Insurance Program on the repair, rehabilitation, replacement, construction, or alteration of agricultural production structures and repair, rehabilitation, construction, or replacement of associated rural community properties supporting the agricultural economy of the agricultural areas and rural communities. (2) Changes to the National Flood Insurance Act of 1968, regulations, or policy that might mitigate the impacts identified under paragraph (1). (3) The feasibility, advantages, and disadvantages of the establishment of a new National Flood Insurance Program flood zone for agricultural areas and rural communities. (4) Options for the National Flood Insurance Program to offer lower cost insurance in agricultural areas and rural communities due to lower losses associated with low-density population and structures of the rural area. (5) Financial implications to the National Flood Insurance Program if lower cost flood insurance was offered by the National Flood Insurance Program to agricultural areas and rural communities. (6) Premiums paid to and claims paid by the National Flood Insurance Program in agricultural areas and rural communities since the creation of the National Flood Insurance Program and a comparison of these figures to those in urban areas. (7) The potential impacts to economy and life safety from the allowance of in-fill construction or building expansion in agricultural areas and rural communities. (g) Termination.--The task force shall terminate 120 days after the date of the submission of the report under subsection (f).

Advancing Agricultural Floodplain Management Act of 2012 - Directs the Administrator of the Federal Emergency Management Agency (FEMA) and the Secretary of Agriculture (USDA) to jointly establish a task force to analyze the challenges faced by agricultural areas and rural communities designated as having special flood hazards for purposes of the national flood insurance program. Terminates the task force 120 days after it submits its report to Congress as required by this Act.

To provide for the establishment of a task force to conduct a study to analyze the challenges faced by agricultural areas and rural communities designated as an area having special flood hazards for purposes of the National Flood Insurance Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intelligence Community Audit Act of 2006''. SEC. 2. COMPTROLLER GENERAL AUDITS AND EVALUATIONS OF ACTIVITIES OF ELEMENTS OF THE INTELLIGENCE COMMUNITY. (a) Reaffirmation of Authority; Audits of Intelligence Community Activities.--Chapter 35 of title 31, United States Code, is amended by inserting after section 3523 the following: ``Sec. 3523a. Audits of intelligence community; audit requesters ``(a) In this section, the term `element of the intelligence community' means an element of the intelligence community specified in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). ``(b) Congress finds that-- ``(1) the authority of the Comptroller General to perform audits and evaluations of financial transactions, programs, and activities of elements of the intelligence community under sections 712, 717, 3523, and 3524, and to obtain access to records for purposes of such audits and evaluations under section 716, is reaffirmed; and ``(2) such audits and evaluations may be requested by any committee of jurisdiction (including the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate), and may include but are not limited to matters relating to the management and administration of elements of the intelligence community in areas such as strategic planning, financial management, information technology, human capital, knowledge management, information sharing (including information sharing by and with the Department of Homeland Security), and change management. ``(c)(1) The Comptroller General may conduct an audit or evaluation of intelligence sources and methods or covert actions only upon request of the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives, or the majority or the minority leader of the Senate or the House of Representatives. ``(2)(A) Whenever the Comptroller General conducts an audit or evaluation under paragraph (1), the Comptroller General shall provide the results of such audit or evaluation only to the original requestor, the Director of National Intelligence, and the head of the relevant element of the intelligence community. ``(B) The Comptroller General may only provide information obtained in the course of an audit or evaluation under paragraph (1) to the original requestor, the Director of National Intelligence, and the head of the relevant element of the intelligence community. ``(3)(A) Notwithstanding any other provision of law, the Comptroller General may inspect records of any element of the intelligence community relating to intelligence sources and methods, or covert actions in order to conduct audits and evaluations under paragraph (1). ``(B) If in the conduct of an audit or evaluation under paragraph (1), an agency record is not made available to the Comptroller General in accordance with section 716, the Comptroller General shall consult with the original requestor before filing a report under subsection (b)(1) of that section. ``(4)(A) The Comptroller General shall maintain the same level of confidentiality for a record made available for conducting an audit under paragraph (1) as is required of the head of the element of the intelligence community from which it is obtained. Officers and employees of the Government Accountability Office are subject to the same statutory penalties for unauthorized disclosure or use as officers or employees of the intelligence community element that provided the Comptroller General or officers and employees of the Government Accountability Office with access to such records. ``(B) All workpapers of the Comptroller General and all records and property of any element of the intelligence community that the Comptroller General uses during an audit or evaluation under paragraph (1) shall remain in facilities provided by that element of the intelligence community. Elements of the intelligence community shall give the Comptroller General suitable and secure offices and furniture, telephones, and access to copying facilities, for purposes of audits and evaluations under paragraph (1). ``(C) After consultation with the Select Committee on Intelligence of the Senate and with the Permanent Select Committee on Intelligence of the House of Representatives, the Comptroller General shall establish procedures to protect from unauthorized disclosure all classified and other sensitive information furnished to the Comptroller General or any representative of the Comptroller General for conducting an audit or evaluation under paragraph (1). ``(D) Before initiating an audit or evaluation under paragraph (1), the Comptroller General shall provide the Director of National Intelligence and the head of the relevant element with the name of each officer and employee of the Government Accountability Office who has obtained appropriate security clearance and to whom, upon proper identification, records, and information of the element of the intelligence community shall be made available in conducting the audit or evaluation. ``(d) Elements of the intelligence community shall cooperate fully with the Comptroller General and provide timely responses to Comptroller General requests for documentation and information. ``(e) Nothing in this section or any other provision of law shall be construed as restricting or limiting the authority of the Comptroller General to audit and evaluate, or obtain access to the records of, elements of the intelligence community absent specific statutory language restricting or limiting such audits, evaluations, or access to records.''. (b) Clerical Amendment.--The table of sections for chapter 35 of title 31, United States Code, is amended by inserting after the item relating to section 3523 the following: ``3523a. Audits of intelligence community; audits and requesters.''.

Intelligence Community Audit Act of 2006 - Reaffirms the authority of the Comptroller General to audit and evaluate financial transactions, programs, and activities of elements of the intelligence community (those elements identified in the National Security Act of 1947) and obtain access to records for such purposes. Allows the Comptroller General to conduct an audit or evaluation of intelligence sources and methods or covert actions only upon a request of a congressional intelligence committee or the majority or minority leader of the Senate or the House of Representatives. Requires the Comptroller General to disclose the results of any such audit or evaluation only to the original requestor, the Director of National Intelligence, and the head of the relevant element of the intelligence community. Requires the Comptroller General to establish safeguards to protect the unauthorized disclosure of all classified and other sensitive information furnished to the Comptroller General in conducting an audit or evaluation. Requires elements of the intelligence community to cooperate with the Comptroller General in providing documentation and information necessary for audits and evaluations.

To reaffirm the authority of the Comptroller General to audit and evaluate the programs, activities, and financial transactions of the intelligence community, and for other purposes.

SECTION 1. INCENTIVES TO INCREASE USE OF HIV SCREENING TESTS UNDER THE MEDICAID PROGRAM. (a) Higher Federal Matching Percentage for Routine HIV Screening Services.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended-- (1) in subsection (a)-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) an amount equal to 90 percent of the sums expended during such quarter which are attributable to the costs of providing routine HIV screening services (as defined in subsection (aa)(1)) if the conditions described in subsection (aa)(2) are met; plus''; and (2) by adding at the end the following new subsection: ``(aa) Routine HIV Screening Services.-- ``(1) In general.--For purposes of this section, the term `routine HIV screening services' means the following: ``(A) An HIV screening test (and, if such test is positive, a confirmatory HIV test), including the interpretation of such tests, that is provided as part of medical care in any health care setting (other than an inpatient hospital setting) for an individual who-- ``(i) is at least 13, but not more than 64, years of age; ``(ii) is not known to the health care provider (directly, through information provided by the individual, or through access to an electronic medical record) previously ever to have had a positive test for HIV or, subject to paragraph (3), within the previous 6 months to have had any test for HIV; and ``(iii) has been informed that such a test will be administered and has not objected to such a test. ``(B) Informing an individual so tested of the results of the tests at the time of such examination. ``(C) In the case of such an individual who tests positive for HIV on the screening and confirmatory tests, post-test counseling concerning HIV at the time, and as part of, such examination. ``(2) Conditions.--For purposes of subsection (a)(7), the conditions of this paragraph, with respect to routine HIV screening services, are that-- ``(A) the payment amount for such services under this title is reasonable and closely approximates the payment amount for such services under part B of title XVIII; ``(B) no cost-sharing is imposed under this title for the provision of such services; and ``(C) in the case of a State for which a political subdivision is required to contribute towards the non- Federal share of expenditures for routine HIV screening services, the increase in the Federal share applicable under subsection (a)(5) to such services is first applied to reduce the contribution (but not below zero) required by such political subdivision. ``(3) Exception.--The limitation under paragraph (1)(A)(ii) with respect to having a test for HIV within the previous 6 months shall not apply to an individual if the individual indicates that, because of the individual's possible exposure to HIV during the intervening period, the individual is at increased risk of acquiring HIV since such previous test.''. (b) Conforming Amendments.-- (1) Subparagraphs (E) and (F) of section 1919(h)(2) of such Act (42 U.S.C. 1396r(h)(2)) are each amended by striking ``1903(a)(7)'' and inserting ``1903(a)(8)''. (2) Paragraphs (1) and (2) of section 1931(h) of such Act (42 U.S.C. 1396u-1(h)) are each amended by striking ``1903(a)(7)'' and inserting ``1903(a)(8)''. (3) Section 1938(d)(4) of such Act (42 U.S.C. 1396u- 8(d)(4)) is amended by striking ``1903(a)(7)'' and inserting ``1903(a)(8)''. (4) Section 1940(j) of such Act (42 U.S.C. 1396w(j)) is amended by striking ``paragraph (7)'' and inserting ``paragraph (8)''. (c) Effective Date.--The amendments made by subsection (a) shall apply to services furnished on or after the date of the enactment of this Act. (d) Report.--Not later 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on barriers that exist for Medicaid beneficiaries to access routine HIV screening services (as defined in section 1903(aa) of the Social Security Act, as added by subsection (a)(2)). Such report shall include recommendations on how to reduce such barriers to access such services.

Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to make quarterly payments to states with Medicaid plans for 90% of their expenditures for routine HIV screening services.

To amend title XIX of the Social Security Act to provide incentives for increased use of HIV screening tests under the Medicaid Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Residential Construction Lending Act''. SEC. 2. RESIDENTIAL CONSTRUCTION LOAN GUARANTEE PROGRAM. (a) Establishment.--There is established within the Department of the Treasury a program to be known as the ``Residential Construction Loan Guarantee Program'' (hereinafter referred to in this section as the ``Loan Guarantee Program''). (b) Loan Guarantee Program.-- (1) Purpose.--The purpose of the Loan Guarantee Program is to guarantee loans made to eligible home building companies for viable building projects. (2) Application.--An insured depository institution that wishes to make loans that are guaranteed under the Loan Guarantee Program may submit an application to the Secretary in such form and manner and containing such information as the Secretary may require. (3) Selection criteria.-- (A) In general.--The Secretary shall approve any insured depository institution submitting a full and complete application under paragraph (2) for participation in the Loan Guarantee Program, and shall guarantee loans on a first-come-first-served basis. (B) Submission of loans.--Insured depository institutions approved for participation in the Loan Guarantee Program shall submit each loan made by such institution as part of the Loan Guarantee Program to the Secretary so the Secretary may confirm that such loan complies with the requirements of this section. (4) Oversight.-- (A) Loan terms.--Not later than 7 days after a loan guaranteed under the Loan Guarantee Program is originated, the insured depository institution making such loan shall submit all information about the terms and conditions of such loan to the Secretary. (B) Suspension and termination authority.-- Notwithstanding paragraph (3), the Secretary shall, not less than yearly, review all of the loans made by each insured depository institution that are guaranteed under the Loan Guarantee Program, and may suspend or terminate any insured depository institution's future participation in the Loan Guarantee Program if the Secretary finds that such institution has engaged in fraud or abuse with respect to the Loan Guarantee Program, or has consistently made loans guaranteed under the Loan Guarantee Program that are not repaid by the borrower in accordance with the terms of the loan. (5) Loan eligibility.--A loan may only be guaranteed under the Loan Guarantee Program if it meets the following criteria: (A) Viable building project.--The loan must be made for a viable building project, as determined by the Secretary. In making such determination, the Secretary shall consider housing demand, local government support, percentage of workforce, and speculative units. (B) Eligible home building company.--The loan must be made to an eligible home building company, as determined by the Secretary. In making such determination, the Secretary shall consider whether such company is creditworthy, reputable, and has a record of successful residential building projects. (C) Loan guarantee amount limitation.--The eligible home building company, or its principals, must have a minimum net worth equal to the loan amount to be guaranteed. (D) Use of loan.--The loan may only be used for the acquisition, development, and construction of residential developments that have locally approved development plans and that create immediate job opportunities. (E) Term requirements.-- (i) In general.--The term of the loan shall be for no more than 5 years, but may have an option to extend. (ii) Loan amount limitations.--The loan shall be for an amount not to exceed-- (I) 75 percent loan-to-value on the land; (II) 100 percent for construction and development costs; and (III) 80 percent of the market value of the building project. (F) Interest rates.--Notwithstanding the provisions of the constitution of any State or the laws of any State limiting the rate or amount of interest which may be charged, taken, received, or reserved, the maximum legal rate of interest on the loan may not substantively differ from the current average market yield on outstanding marketable obligations of similar privately held loans with remaining periods to maturity comparable to such loan. (6) Multiple guarantees permitted; aggregate dollar amount limitation.--A single eligible home building company is permitted to have more than one loan guaranteed under the Loan Guarantee Program, but the aggregate amount of all such loans guaranteed for a single eligible home building company may not exceed the net worth of such company. The Secretary may exempt an eligible home building company from the net worth limitation of this paragraph if the Secretary determines doing so will advance the purpose of this Loan Guarantee Program. (7) Government guarantee.-- (A) Level of participation.--Loans guaranteed under the Loan Guarantee Program shall be guaranteed at 80 percent of the loan amount. (B) Payment of accrued interest.-- (i) In general.--Any insured depository institution making a claim for payment on the guaranteed portion of a loan guaranteed under the Loan Guarantee Program shall be paid the accrued interest due on the loan from the earliest date of default to the date of payment of the claim at a rate not to exceed the rate of interest on the loan on the date of default, minus one percent. (ii) Loans sold on secondary market.--If a loan described under clause (i) is sold on the secondary market, the amount of interest paid to an insured depository institution described in that clause from the earliest date of default to the date of payment of the claim shall be no more than the agreed upon rate, minus one percent. (iii) Interest rate.--The rate of interest to be paid on a claim for payment on the guaranteed portion of a loan guaranteed under the Loan Guarantee Program shall be established commensurate with Federal Housing Administration rates, based on safety and soundness. (8) One-third of guarantees to be made in areas with greatest unmet need.--Notwithstanding any other provision of this section, not less than one-third of the funds made available under this section to guarantee loans shall be used to guaranteed loans in areas of the United States that have the greatest unmet need for residential construction financing, as determined by the Secretary. (9) Regulations.--The Secretary shall promulgate any regulations needed to carry out this section through a notice and public comment period of not more than 60 days. (c) Definitions.--For purposes of this section: (1) Insured depository institution.--The term ``insured depository institution'' has the meaning given such term under section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)). (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $15,000,000,000 to carry out this section. (e) Termination of Authority.--The Secretary's authority to make new loan guarantees under the Loan Guarantee Program shall terminate after the 3-year period beginning on the date of the enactment of this section.

Residential Construction Lending Act - Establishes within the Department of the Treasury a three-year Residential Construction Loan Guarantee Program to guarantee loans made to eligible home building companies for viable building projects. Directs the Secretary of the Treasury to: (1) approve any insured depository institution submitting a full and complete application for participation in the Program; (2) guarantee the loans on a first-come-first-served basis; and (3) review yearly all loans made by each insured depository institution that are guaranteed under the Program. Authorizes the Secretary to suspend or terminate any insured depository institution's future participation in the Program if that institution has engaged in fraud or abuse with respect to it, or has consistently made loans guaranteed under the Program that are not repaid by the borrower in accordance with the loan terms. Sets forth loan eligibility criteria that include restricting loans to the acquisition, development, and construction of residential developments that have locally approved development plans and that create immediate job opportunities. Permits multiple loan guarantees, with a federal guarantee at 80% of each loan. Requires one-third of guarantees to be made in areas with the greatest unmet need for residential construction financing.

To establish the Residential Construction Loan Guarantee Program to guarantee loans made to eligible home building companies for viable building projects.

-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-. -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-N-a-t-i-v-e -A-m-e-r-i-c-a-n -V-e-t-e-r-a-n-s-' -M-e-m-o-r-i-a-l -E-s-t-a-b-l-i-s-h-m-e-n-t -A-c-t-'-'-. -S-E-C-. -2-. -F-I-N-D-I-N-G-S-. -T-h-e -C-o-n-g-r-e-s-s -f-i-n-d-s -t-h-a-t-: -(-1-) -N-a-t-i-v-e -A-m-e-r-i-c-a-n-s -a-c-r-o-s-s -t-h-e -N-a-t-i-o-n-, -h-a-v-e -a -l-o-n-g-, -p-r-o-u-d -a-n-d -d-i-s-t-i-n-g-u-i-s-h-e-d -t-r-a-d-i-t-i-o-n -o-f -s-e-r-v-i-c-e -i-n -t-h-e -a-r-m-e-d -f-o-r-c-e-s -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-. -(-2-) -N-a-t-i-v-e -A-m-e-r-i-c-a-n-s -h-a-v-e -h-i-s-t-o-r-i-c-a-l-l-y -s-e-r-v-e-d -i-n -t-h-e -a-r-m-e-d -f-o-r-c-e-s -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -i-n -n-u-m-b-e-r-s -w-h-i-c-h -f-a-r -e-x-c-e-e-d -t-h-e-i-r -r-e-p-r-e-s-e-n-t-a-t-i-o-n -i-n -t-h-e -p-o-p-u-l-a-t-i-o-n -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-. -(-3-) -N-a-t-i-v-e -A-m-e-r-i-c-a-n-s -h-a-v-e -l-o-s-t -t-h-e-i-r -l-i-v-e-s -i-n -t-h-e -s-e-r-v-i-c-e -o-f -t-h-e-i-r -N-a-t-i-o-n-, -a-n-d -i-n -t-h-e -c-a-u-s-e -o-f -p-e-a-c-e-. -(-4-) -T-h-e -N-a-t-i-o-n-a-l -M-u-s-e-u-m -o-f -t-h-e -A-m-e-r-i-c-a-n -I-n-d-i-a-n -w-a-s -e-s-t-a-b-l-i-s-h-e-d -a-s -a -l-i-v-i-n-g -m-e-m-o-r-i-a-l -t-o -N-a-t-i-v-e -A-m-e-r-i-c-a-n-s-. -(-5-) -T-h-e -N-a-t-i-o-n-a-l -M-u-s-e-u-m -o-f -t-h-e -A-m-e-r-i-c-a-n -I-n-d-i-a-n -i-s -a-n -e-x-t-r-a-o-r-d-i-n-a-r-y -s-i-t-e -a-n-d -i-s -a-n -i-d-e-a-l -l-o-c-a-t-i-o-n -t-o -e-s-t-a-b-l-i-s-h -a -N-a-t-i-o-n-a-l -N-a-t-i-v-e -A-m-e-r-i-c-a-n -V-e-t-e-r-a-n-s-' -M-e-m-o-r-i-a-l-. -(-6-) -A -N-a-t-i-o-n-a-l -N-a-t-i-v-e -A-m-e-r-i-c-a-n -V-e-t-e-r-a-n-s-' -M-e-m-o-r-i-a-l -w-o-u-l-d -f-u-r-t-h-e-r -t-h-e -p-u-r-p-o-s-e-s -o-f -t-h-e -N-a-t-i-o-n-a-l -M-u-s-e-u-m -o-f -t-h-e -A-m-e-r-i-c-a-n -I-n-d-i-a-n -b-y -g-i-v-i-n-g -a-l-l -A-m-e-r-i-c-a-n-s -t-h-e -o-p-p-o-r-t-u-n-i-t-y -t-o -l-e-a-r-n -o-f -t-h-e -p-r-o-u-d -a-n-d -c-o-u-r-a-g-e-o-u-s -t-r-a-d-i-t-i-o-n -o-f -s-e-r-v-i-c-e -o-f -N-a-t-i-v-e -A-m-e-r-i-c-a-n-s -i-n -t-h-e -a-r-m-e-d -f-o-r-c-e-s -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-. -S-E-C-. -3-. -A-U-T-H-O-R-I-Z-A-T-I-O-N -F-O-R -E-S-T-A-B-L-I-S-H-M-E-N-T -O-F -M-E-M-O-R-I-A-L-. -(-a-) -M-e-m-o-r-i-a-l-.----T-h-e -B-o-a-r-d -o-f -T-r-u-s-t-e-e-s -o-f -t-h-e -N-a-t-i-o-n-a-l -M-u-s-e-u-m -o-f -t-h-e -A-m-e-r-i-c-a-n -I-n-d-i-a-n -i-s -a-u-t-h-o-r-i-z-e-d -t-o -d-e-s-i-g-n-, -c-o-n-s-t-r-u-c-t-, -a-n-d -m-a-i-n-t-a-i-n -a -N-a-t-i-o-n-a-l -N-a-t-i-v-e -A-m-e-r-i-c-a-n -V-e-t-e-r-a-n-s-' -M-e-m-o-r-i-a-l -(-h-e-r-e-a-f-t-e-r -r-e-f-e-r-r-e-d -t-o -i-n -t-h-i-s -s-e-c-t-i-o-n -a-s -t-h-e -`-`-M-e-m-o-r-i-a-l-'-'-)-. -(-b-) -S-i-t-e-.----T-h-e -B-o-a-r-d -o-f -T-r-u-s-t-e-e-s -s-h-a-l-l -s-e-l-e-c-t -a -s-u-i-t-a-b-l-e -s-i-t-e -f-o-r -t-h-e -M-e-m-o-r-i-a-l -w-i-t-h-i-n -t-h-e -i-n-t-e-r-i-o-r -s-t-r-u-c-t-u-r-e -o-f -t-h-e -f-a-c-i-l-i-t-y -p-r-o-v-i-d-e-d -f-o-r -b-y -s-e-c-t-i-o-n -7-(-a-) -o-f -t-h-e -N-a-t-i-o-n-a-l -M-u-s-e-u-m -o-f -t-h-e -A-m-e-r-i-c-a-n -I-n-d-i-a-n -A-c-t -t-o -h-o-u-s-e -t-h-e -p-o-r-t-i-o-n -o-f -t-h-e -N-a-t-i-o-n-a-l -M-u-s-e-u-m -t-o -b-e -l-o-c-a-t-e-d -i-n -t-h-e -D-i-s-t-r-i-c-t -o-f -C-o-l-u-m-b-i-a-. -(-c-) -D-e-s-i-g-n -a-n-d -P-l-a-n-s-.----T-h-e -B-o-a-r-d -o-f -T-r-u-s-t-e-e-s -i-s -a-u-t-h-o-r-i-z-e-d -t-o -h-o-l-d -a -c-o-m-p-e-t-i-t-i-o-n -t-o -s-e-l-e-c-t -t-h-e -d-e-s-i-g-n -o-f -t-h-e -M-e-m-o-r-i-a-l-. -(-d-) -D-o-n-a-t-i-o-n-s-.----N-o-t-w-i-t-h-s-t-a-n-d-i-n-g -a-n-y -o-t-h-e-r -p-r-o-v-i-s-i-o-n -o-f -l-a-w-, -t-h-e -B-o-a-r-d -o-f -T-r-u-s-t-e-e-s -m-a-y -a-c-c-e-p-t-, -r-e-t-a-i-n-, -a-n-d -e-x-p-e-n-d -d-o-n-a-t-i-o-n-s -o-f -f-u-n-d-s-, -p-r-o-p-e-r-t-y-, -o-r -s-e-r-v-i-c-e-s -f-r-o-m -i-n-d-i-v-i-d-u-a-l-s-, -f-o-u-n-d-a-t-i-o-n-s-, -c-o-r-p-o-r-a-t-i-o-n-s-, -o-r -p-u-b-l-i-c -e-n-t-i-t-i-e-s -f-o-r -t-h-e -p-u-r-p-o-s-e -o-f -d-e-s-i-g-n-i-n-g-, -c-o-n-s-t-r-u-c-t-i-n-g-, -o-r -m-a-i-n-t-a-i-n-i-n-g -t-h-e -M-e-m-o-r-i-a-l-. -(-e-) -P-a-y-m-e-n-t -o-f -E-x-p-e-n-s-e-s-.----T-h-e -U-n-i-t-e-d -S-t-a-t-e-s -G-o-v-e-r-n-m-e-n-t -s-h-a-l-l -n-o-t -p-a-y -a-n-y -o-f -t-h-e -e-x-p-e-n-s-e-s -o-f -t-h-e -e-s-t-a-b-l-i-s-h-m-e-n-t -o-f -t-h-e -M-e-m-o-r-i-a-l -o-t-h-e-r -t-h-a-n -p-r-o-v-i-d-i-n-g -t-h-e -s-i-t-e -r-e-f-e-r-r-e-d -t-o -i-n -s-u-b-s-e-c-t-i-o-n -(-b-)-. -S-E-C-. -4-. -D-E-F-I-N-I-T-I-O-N-S-. -A-s -u-s-e-d -i-n -t-h-i-s -A-c-t-: -(-1-) -T-h-e -t-e-r-m -`-`-N-a-t-i-v-e -A-m-e-r-i-c-a-n-'-' -m-e-a-n-s -a-n -I-n-d-i-a-n-, -a -N-a-t-i-v-e -H-a-w-a-i-i-a-n-, -a-n-d -a-n -A-l-a-s-k-a -N-a-t-i-v-e-. -(-2-) -T-h-e -t-e-r-m -`-`-I-n-d-i-a-n-'-' -m-e-a-n-s -a -m-e-m-b-e-r -o-f -a-n -I-n-d-i-a-n -t-r-i-b-e-. -(-3-) -T-h-e -t-e-r-m -`-`-N-a-t-i-v-e -H-a-w-a-i-i-a-n-'-' -m-e-a-n-s -a-n-y -i-n-d-i-v-i-d-u-a-l -w-h-o -i-s -a -d-e-s-c-e-n-d-a-n-t -o-f -t-h-e -a-b-o-r-i-g-i-n-a-l -p-e-o-p-l-e -w-h-o-, -p-r-i-o-r -t-o -1-7-7-8-, -o-c-c-u-p-i-e-d -a-n-d -e-x-e-r-c-i-s-e-d -s-o-v-e-r-e-i-g-n-t-y -i-n -t-h-e -a-r-e-a -t-h-a-t -n-o-w -c-o-m-p-r-i-s-e-s -t-h-e -S-t-a-t-e -o-f -H-a-w-a-i-i-. -(-4-) -T-h-e -t-e-r-m -`-`-A-l-a-s-k-a -N-a-t-i-v-e-'-' -m-e-a-n-s -a-n-y -E-s-k-i-m-o-, -A-l-e-u-t-, -o-r -A-l-a-s-k-a -I-n-d-i-a-n-. SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Veterans' Memorial Establishment Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) Native Americans across the Nation have a long, proud and distinguished tradition of service in the Armed Forces of the United States. (2) Native Americans have historically served in the Armed Forces of the Untied States in numbers which far exceed their representation in the population of the United States. (3) Native American veterans count among themselves a number of Medal of Honor recipients. Their numbers are also conspicuous in the ranks of those who have received other decorations for valor and distinguished service. (4) Native Americans have lost their lives in the service of their Nation and in the cause of peace. (5) The National Museum of the American Indian was established as a living memorial to Native Americans. Its mission is to advance knowledge and understanding of Native American cultures, including art, history, language, and the contributions Native Americans have made to our society. (6) The National Museum of the American Indian is an extraordinary site and an ideal location to establish a National Native American Veterans' Memorial. (7) A National Native American Veterans' Memorial would further the purposes of the National Museum of the American Indian by giving all Americans the opportunity to learn of the proud and courageous tradition of service of Native Americans in the Armed Forces of the United States. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``Native American'' means an Indian, a Native Hawaiian, and an Alaska Native. (2) The term ``Native Hawaiian'' means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii. (3) The term ``Alaska Native'' means any Eskimo, Aleut, or Alaska Indian. (4) The term ``Memorial'' means the Native American Veterans' Memorial established by section 3 of this Act. (5) The term ``Museum'' means the National Museum of the American Indian established by the National Museum of the American Indian Act (20 U.S.C. 80q et seq.). SEC. 4. AUTHORIZATION FOR ESTABLISHMENT OF MEMORIAL. (a) Memorial.--The Museum, in close consultation with Native American groups, is authorized to design, construct, and maintain a National Native American Veterans' Memorial. (b) Site.--The Museum shall select a suitable site for the Memorial within the interior structure of the facility provided for by section 7(a) of the National Museum of the American Indian Act (20 U.S.C. 80q- 5(a)) to house the portion of the Museum to be located in the District of Columbia. (c) Design and Plans.--The Museum is authorized to hold a competition to select the design of the Memorial. Any design so selected shall be compatible with both the purpose of the Museum, as set forth in section 3(b) of the National Museum of the American Indian Act (20 U.S.C. 80q-1), and with any existing design plans for the Museum's structure and its surroundings. (d) Donations.--Notwithstanding any other provision of law, the Museum may accept, retain, and expend donations of funds, property, or services from individuals, foundations, corporations, or public entities for the purpose of designing, constructing, or maintaining the Memorial. (e) Payment of Expenses.--The United States Government shall not pay any of the expenses of the establishment of the Memorial other than providing the site referred to in subsection (b).

Native American Veterans' Memorial Establishment Act of 1993 - Authorizes the National Museum of the American Indian to design, construct, and maintain a National Native American Veterans' Memorial. Locates the Memorial on the same site as the National Museum of the American Indian. Provides for funding of the Memorial through private donations. States that the United States shall not pay any of the Memorial's establishment expenses, other than providing the location. Defines "Native American" as an Indian, a Native Hawaiian, and an Alaska Native.

Native American Veterans' Memorial Establishment Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Illegal Transshipments Enforcement Act of 2002''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) The United States textile and apparel sector, which employs approximately 1,000,000 workers, is being seriously hurt by smuggling and transshipment of textile and apparel products. (2) Tens of thousands of United States textile workers have lost their jobs because of these illegal activities. (3) According to industry and government estimates, illegal textile and apparel smuggling and transshipment totals billions of dollars per year. (4) China and other major Asian exporting countries have a decades-long history of illegally shipping textile and apparel goods to the United States. (5) A new avenue of illegal trade which involves the evasion of duties using countries that have free trade agreements with the United States has developed and is particularly harmful to the United States textile and apparel industry. (6) This new avenue of trade takes advantage of lax regulatory and enforcement administration of the in-transit or in bond programs administered by the Customs Service. (7) The 1999 Report of the Interagency Commission on Crime and Security in U.S. Seaports found that-- (A) these goods ``pose the largest risk'' and that ``federal officials do not receive sufficient information to make admissibility decisions on this cargo''; (B) ``in-bond procedures of the United States Customs Service deny the federal government detailed information on cargo that is transiting the United States''; (C) ``existing statutes, regulations and sentencing guidelines do not provide sufficient cause to deter criminal or civil violations related to the import and export of goods and contraband''; (D) ``existing criminal sanctions (for illegal fraud schemes) provide no deterrent value'' and that ``violators view the sentences as minor roadblocks and a cost of doing business''; (E) ``criminals can bypass the federal clearance and inspection process through underreporting, mis- reporting, or not reporting at all''; (F) ``the number of inspectors and criminal investigations has simply not kept pace with the trade volume''; (G) ``the lack of effective cargo control . . . has significant negative economic consequences, ranging from lost duty and tax revenues to the United States, to failure to enforce international trade agreements and restrictions on import or export cargo''; and (H) ``due to short staffing and limited technology, inspectors look at only about one percent of containers.'' (b) Purpose.--The purpose of this Act, and the amendments made by this Act, is to establish new administrative and regulatory guidelines which will enable the Customs Service to effectively deter commercial fraud in the United States, particularly concerning textile and apparel products. SEC. 3. CUSTOMS ENFORCEMENT FOR IN-TRANSIT GOODS AND CARGO THEFT. Notwithstanding any other provision of law, the Secretary of the Treasury shall require that the following actions are taken: (1) Not less than 1 out of every 10 containers imported into the United States, including containers to be sent to bonded warehouses and foreign-trade zones, shall be inspected, including through the use of electronic and x-ray screening equipment. (2) Prearrival electronic filing of documentation equivalent to the current entry package not later than 72 hours prior to arrival shall be required as a condition for release from the custody of the Customs Service for goods that are in- transit or in bond. (3) Technology for screening of goods that are entered into the United States for consumption shall be applied to all in- transit goods. (4) All information in documents filed for exportation of in-transit goods, including documents from bonded warehouses and foreign-trade zones, are physically verified. (5) The Commissioner of the Customs Service shall establish procedures to physically verify that in-transit goods that are declared to be exiting the United States are in fact actually exported from the United States. In addition, the Commissioner shall coordinate systems with other foreign Customs Services, particularly those in Mexico and Canada, to assist in verifying the exportation of goods referred to in the preceding sentence and to assist those countries in ensuring that such goods, upon importation, are not declared to be products of the United States. (6) Random inspections of at least 1 out of every 10 containers carried on rail cars, barges, pipelines and trucks after importation shall be required, including importation into bonded warehouses and foreign-trade zones, and before exportation of in-transit goods. (7) Security and background investigations of all employees of all freight forwarders, booking handlers, and bonded carriers, including bonded warehousemen and operators of foreign-trade zones, involved in the import or export of in- transit goods shall be undertaken. (8) Ensure that penalties imposed for any violation of any law or regulation arising from transactions involving in- transit and in-bond textile and clothing goods and declarations regarding textile and apparel products made on vessel manifests are not mitigated. (9) Establish that a mis-description of a textile or apparel product, either regarding the quantity or the nature of the product, on an entry document, a manifest or in-bond or in- transit documentation is considered a purposeful and intentional act and constitutes fraud. The penalty, which shall not be mitigated by the port director or Customs Headquarters, for such an act is the domestic value of the goods in question. (10) Increase the total number of field agents, import specialists, and inspectors dedicated to fraud and cargo enforcement to equal 25 percent of total number of employees of the Customs Service. (11) Establish cargo enforcement teams consisting of agents, inspectors, and import specialists whose sole function is the detection of cargo thefts, frauds, and diversions, including those thefts, frauds, and diversions occurring in bonded warehouses and foreign-trade zones. (12) Establish a cargo fraud enforcement unit in the headquarters of the Customs Service that is composed of special agents, inspectors, and import specialists whose sole function is to manage, direct, and provide oversight of the program and which includes goods destined for bonded warehouses and foreign-trade zones. (13) Conduct all inspections at ports and eliminate centralized inspection stations outside of ports. Establish rail inspection facilities within proximity of the border at all rail entry points. Ensure that container rail traffic is inspected to the same extent as container port traffic. SEC. 4. PUNISHMENT OF CARGO THEFT. (a) In General.--Section 659 of title 18, United States Code, is amended-- (1) by striking ``with intent to convert to his own use'' each place that term appears; (2) in the first undesignated paragraph-- (A) by inserting ``trailer,'' after ``motortruck,''; (B) by inserting ``air cargo container,'' after ``aircraft,''; and (C) by inserting ``, or from any intermodal container, trailer, container freight station, warehouse, or freight consolidation facility,'' after ``air navigation facility''; (3) in the fifth undesignated paragraph, by striking ``one year'' and inserting ``3 years''; (4) in the penultimate undesignated paragraph, by inserting after the first sentence the following: ``For purposes of this section, goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination (as evidenced by the waybill or other shipping document of the shipment), regardless of any temporary stop while awaiting transshipment or otherwise.'; and (5) by adding at the end the following: ``It shall be an affirmative defense (on which the defendant bears the burden of persuasion by a preponderance of the evidence) to an offense under this section that the defendant bought, received, or possessed the goods, chattels, money, or baggage at issue with the sole intent to report the matter to an appropriate law enforcement officer or to the owner of the goods, chattels, money, or baggage.''. (b) Federal Sentencing Guidelines.--Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall review the Federal sentencing guidelines under section 659 of title 18, United States Code, as amended by this section and, upon completion of the review, promulgate amendments to the Federal Sentencing Guidelines to provide appropriate enhancement of the applicable guidelines.

Illegal Transshipments Enforcement Act of 2002 - Directs the Secretary of the Treasury to require: (1) inspection of not less than one of every ten containers imported into the United States; (2) pre-arrival electronic filing of entry documentation within 72 hours prior to arrival for release from Customs Service custody of in-transit or in-bond goods; (3) application of technology for screening goods entering the United Stalest all in-transit goods; (4) physical verification of information filed for exportation of in-transit goods; (5) establishment of procedures to verify that in-transit goods that are declared to be exiting the United States are exported; (6) random inspections of at least one of every ten containers carried on rail cars, barges, pipelines, and trucks after importation; (7) security and background investigations of employees of all freight forwarders, booking handlers, and bonded carriers; (8) no mitigation of penalties for violations arising from transactions involving in-transit and in-bond textile and clothing goods and declarations regarding textile and apparel products on vessel manifests; (9) mis-description of a textile or apparel product on an entry document, manifest, or in-bond or in-transit documentation to be considered a purposeful and intentional act constituting fraud; (10) a specified increase in the number of field agents, import specialists, and inspectors dedicated to fraud and cargo enforcement; (11) establishment of a cargo fraud enforcement unit; (13) conduct of all inspections at ports and elimination of centralized inspection stations outside of ports; (14) establishment of rail inspection facilities near the border at all rail entry points; and (15) inspection of container rail traffic to the same extent as container port traffic.Modifies prohibitions regarding cargo theft to: (1) delete the element that it be done with intent to convert the stolen goods to the person's own use; (2) include theft or fraud involving a trailer, air cargo container, or any Intermodal container, trailer, container freight station, warehouse, or freight consolidation facility; (3) increase the term of imprisonment for the theft of cargo valued at not more than $1,000; and (4) make it an affirmative defense that the defendant possessed the goods with the sole intent to report the matter to the owner or an appropriate law enforcement officer.Directs the U.S. Sentencing Commission to review the Federal sentencing guidelines to provide appropriate enhancement for cargo theft.

To require the Secretary of the Treasury to take certain actions with respect to the prevention of illegal transshipments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring America's Watersheds Act of 2015''. SEC. 2. WATER SOURCE PROTECTION PROGRAM. Subtitle A of title III of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1126) is amended by adding at the end the following: ``SEC. 3002. WATER SOURCE PROTECTION PROGRAM. ``(a) In General.--The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the `Secretary'), shall establish and maintain a Water Source Protection Program (referred to in this section as the `Program') for National Forest System land derived from the public domain. ``(b) Water Source Investment Partnerships.-- ``(1) In general.--In carrying out the Program, the Secretary may enter into water source investment partnerships with end water users (including States, political subdivisions, Indian tribes, utilities, municipal water systems, irrigation districts, nonprofit organizations, and corporations) to protect and restore the condition of National Forest watersheds that provide water to the non-Federal partners. ``(2) Form.--A partnership described in paragraph (1) may take the form of memoranda of understanding, cost-share or collection agreements, long-term match funding commitments, or other appropriate instruments. ``(c) Water Source Management Plan.-- ``(1) In general.--In carrying out the Program, the Secretary may produce a water source management plan in cooperation with the water source investment partnership participants and State, local, and tribal governments. ``(2) Firewood.--A water source management plan may give priority to projects that facilitate the gathering of firewood for personal use pursuant to section 223.5 of title 36, Code of Federal Regulations (or successor regulations). ``(3) Environmental analysis.--The Secretary may conduct-- ``(A) a single environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for all or part of the restoration projects in the water source management plan; and ``(B) a statement or analysis described in subparagraph (A) as part of the development of the water source management plan or after the finalization of the plan. ``(4) Endangered species act.--In carrying out the Program, the Secretary may use the Manual on Adaptive Management of the Department of the Interior, including any associated guidance, for purposes of fulfilling any requirements under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). ``(5) Funds and services.-- ``(A) In general.--In carrying out the Program, the Secretary may accept and use funding, services, and other forms of investment and assistance from water source investment partnership participants to implement the water source management plan. ``(B) Manner of use.--The Secretary may accept and use investments described in subparagraph (A) directly or indirectly through the National Forest Foundation. ``(C) Water source protection fund.-- ``(i) In general.--Subject to the availability of appropriations, the Secretary may establish a Water Source Protection Fund to match funds or in-kind support contributed by water source investment partnership participants under subparagraph (A). ``(ii) Use of appropriated funds.--The Secretary may use funds appropriated to carry out this subparagraph to make multiyear commitments, if necessary, to implement 1 or more water source investment partnership agreements.''. SEC. 3. WATERSHED CONDITION FRAMEWORK. Subtitle A of title III of the Omnibus Public Land Management Act of 2009 (as amended by section 2) is amended by adding at the end the following: ``SEC. 3003. WATERSHED CONDITION FRAMEWORK. ``(a) In General.--The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the `Secretary'), shall establish and maintain a Watershed Condition Framework for National Forest System land derived from the public domain-- ``(1) to evaluate and classify the condition of watersheds, taking into consideration-- ``(A) water quality and quantity; ``(B) aquatic habitat and biota; ``(C) riparian and wetland vegetation; ``(D) the presence of roads and trails; ``(E) soil type and condition; ``(F) groundwater-dependent ecosystems; ``(G) relevant terrestrial indicators, such as fire regime, risk of catastrophic fire, forest and rangeland vegetation, invasive species, and insects and disease; and ``(H) other significant factors, as determined by the Secretary; ``(2) to identify for restoration up to 5 priority watersheds in each National Forest, and up to 2 priority watersheds in each national grassland, taking into consideration the impact of the condition of the watershed condition on-- ``(A) wildfire behavior; ``(B) flood risk; ``(C) fish and wildlife; ``(D) drinking water supplies; ``(E) irrigation water supplies; ``(F) forest-dependent communities; and ``(G) other significant impacts, as determined by the Secretary; ``(3) to develop a watershed restoration action plan for each priority watershed that-- ``(A) takes into account existing restoration activities being implemented in the watershed; and ``(B) includes, at a minimum-- ``(i) the major stressors responsible for the impaired condition of the watershed; ``(ii) a set of essential projects that, once completed, will address the identified stressors and improve watershed conditions; ``(iii) a proposed implementation schedule; ``(iv) potential partners and funding sources; and ``(v) a monitoring and evaluation program; ``(4) to prioritize restoration activities for each watershed restoration action plan; ``(5) to implement each watershed restoration action plan; and ``(6) to monitor the effectiveness of restoration actions and indicators of watershed health. ``(b) Coordination.--Throughout the process described in subsection (a), the Secretary shall-- ``(1) coordinate with interested non-Federal landowners and with State, tribal, and local governments within the relevant watershed; and ``(2) provide for an active and ongoing public engagement process. ``(c) Emergency Designation.--Notwithstanding subsection (a)(2), the Secretary may identify a watershed as a priority for rehabilitation in the Watershed Condition Framework without using the process described in subsection (a), if a Forest Supervisor determines that-- ``(1) a wildfire has significantly diminished the condition of the watershed; and ``(2) the emergency stabilization activities of the Burned Area Emergency Response Team are insufficient to return the watershed to proper function.''. SEC. 4. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM. (a) Selection Process.--Section 4003(f)(4) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(f)(4)) is amended by adding at the end the following: ``(C) Prequalification.-- ``(i) In general.--Before awarding a contract funded by the Fund, the Secretary shall determine whether the contractor has the ability to complete the proposed restoration activities, including-- ``(I) the financial ability to raise the funds necessary for the proposed restoration activities; and ``(II) sufficient capacity to perform the type and scope of the proposed restoration activities. ``(ii) Criteria.--If the Department does not have sufficient expertise to develop and evaluate criteria to make a determination under clause (i), the Secretary shall seek the assistance of other agencies or third-party consultants for purposes of developing and evaluating the criteria.''. (b) Reauthorization of Collaborative Forest Landscape Restoration Fund.--Section 4003(f)(6) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(f)(6)) is amended by striking ``2019, to remain available until expended'' and inserting ``2014, and $60,000,000 for each of fiscal years 2016 through 2024, to remain available until expended''.

Restoring America's Watersheds Act of 2015 Directs the Forest Service to establish a Water Source Protection Program for National Forest System land derived from the public domain. Authorizes the Department of Agriculture (USDA) to enter into water source investment partnerships with specified end water users to protect and restore the condition of National Forest watersheds that provide water to non-federal partners. Authorizes USDA to produce a water source management plan.Directs the Forest Service to establish a Watershed Condition Framework for System land derived from the public domain to: evaluate and classify the condition of watersheds, identify for restoration up to five priority watersheds in each National Forest and up to two priority watersheds in each national grassland, develop a watershed restoration action plan for each priority watershed, prioritize restoration activities for each watershed restoration action plan, implement each watershed restoration action plan, and monitor the effectiveness of restoration actions and indicators of watershed health. Requires USDA, before awarding a contract funded by the Collaborative Forest Landscape Restoration Fund, to determine whether the contractor has the ability to complete the proposed restoration activities, including: the financial ability to raise the funds necessary, and sufficient capacity to perform the type and scope of those activities. Reauthorizes the Collaborative Forest Landscape Restoration Fund for each of FY2016-FY2024.

Restoring America's Watersheds Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smokeless Tobacco Consumption Reduction and Education Act of 1993''. SEC. 2. INCREASE IN TAXES ON SMOKELESS TOBACCO PRODUCTS. (a) In General.-- (1) Snuff.--Paragraph (1) of section 5701(e) of the Internal Revenue Code of 1986 (relating to rate of tax on smokeless tobacco) is amended by striking ``36 cents (30 cents on snuff removed during 1991 or 1992)'' and inserting ``$4.25''. (2) Chewing tobacco.--Paragraph (2) of section 5701(e) of such Code is amended by striking ``12 cents (10 cents on chewing tobacco removed during 1991 or 1992)'' and inserting ``$1.12''. (3) Adjustment for subsequent increases in cigarette tax.-- Subsection (e) of section 5701 of such Code is amended by adding at the end thereof the following new sentences: ``If after the date of the enactment of this sentence there is an increase in the rate of the tax imposed under subsection (b)(1), effective on and after the date on which such increase takes effect, the rate of the tax imposed by paragraph (1) of this subsection shall be an amount per pound (as determined by the Secretary) which is the same percentage of the national average wholesale price per pound for snuff (as so determined) as the tax imposed by subsection (b)(1) is of the national average wholesale price for cigarettes (as so determined). A similar adjustment shall be made to the rate of the tax imposed under paragraph (2) of this subsection.'' (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. (c) Floor Stocks.-- (1) Imposition of tax.--On snuff and chewing tobacco manufactured in or imported into the United States which is removed before the date of the enactment of this Act, and held on such date for sale by any person, there shall be imposed the following taxes: (A) Snuff.--On snuff, $3.87 per pound and a proportionate tax at the like rate on all fractional parts of a pound. (B) Chewing tobacco.--On chewing tobacco, $1.00 per pound and a proportionate tax at the like rate on all fractional parts of a pound. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding snuff and chewing tobacco on the date of the enactment of this Act to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be treated as a tax imposed under section 5701 of the Internal Revenue Code of 1986 and shall be due and payable on the day 45 days after the date of the enactment of this Act, in the same manner as the tax imposed under such section is payable with respect to snuff and chewing tobacco, removed on the date of the enactment of this Act. (3) Snuff and chewing tobacco.--For purposes of this subsection, the terms ``snuff'' and ``chewing tobacco'' have the respective meanings given to such terms by section 5702 of the Internal Revenue Code of 1986. (4) Exception for retail stocks.--The taxes imposed by paragraph (1) shall not apply to snuff and chewing tobacco in retail stocks held on the date of the enactment of this Act at the place where intended to be sold at retail. (5) Foreign trade zones.--Notwithstanding the Act of June 18, 1934 (19 U.S.C. 81a et seq.) or any other provision of law-- (A) snuff and chewing tobacco-- (i) on which taxes imposed by Federal law are determined, or customs duties are liquidated, by a customs officer pursuant to a request made under the first proviso of section 3(a) of the Act of June 18, 1934 (19 U.S.C. 81c(a)) before the date of the enactment of this Act, and (ii) which are entered into the customs territory of the United States on or after such date of enactment, from a foreign trade zone, and (B) snuff and chewing tobacco which-- (i) are placed under the supervision of a customs officer pursuant to the provisions of the second proviso of section 3(a) of the Act of June 18, 1934 (19 U.S.C. 81c(a)) before such date of enactment, and (ii) are entered into the customs territory of the United States on or after such date of enactment, from a foreign trade zone, shall be subject to the tax imposed by paragraph (1) and such snuff and chewing tobacco shall, for purposes of paragraph (1), be treated as being held on such date of enactment for sale. SEC. 3. ESTABLISHMENT OF TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to Trust Fund Code) is amended by adding at the end thereof the following new section: ``SEC. 9512. SMOKELESS TOBACCO EDUCATION AND PREVENTION TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Smokeless Tobacco Education and Prevention Trust Fund' (hereafter referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--The Secretary shall transfer to the Trust Fund an amount equivalent to the 10 percent of the net increase in revenues received in the Treasury by reason of the amendments made to section 5701 by section 2(a), and the provisions contained in section 2(c), of the Smokeless Tobacco Consumption Reduction and Education Act of 1993, as estimated by the Secretary. ``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund shall be available, as provided in appropriation Acts, for programs of public education regarding the risks of smokeless tobacco and other programs to reduce the consumption of smokeless tobacco.'' (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end thereof the following new item: ``Sec. 9512. Smokeless Tobacco Education and Prevention Trust Fund.''

Smokeless Tobacco Consumption Reduction and Education Act of 1993 - Amends the Internal Revenue Code to increase the excise tax on snuff and chewing tobacco equivalent to that on small cigarettes. Establishes in the Treasury the Smokeless Tobacco Education and Prevention Trust Fund. Requires ten percent of the net increase in revenues received by reason of this Act to be transferred to such Fund. Makes the Fund available for programs of public education regarding the risks of smokeless tobacco and other programs to reduce the consumption of smokeless tobacco.

Smokeless Tobacco Consumption Reduction and Education Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Class Action Plaintiffs Act of 1995''. SEC. 2. NOTIFICATION REQUIREMENT OF CLASS ACTION CERTIFICATION OR SETTLEMENT. (a) In General.--Part V of title 28, United States Code, is amended by inserting after chapter 113 the following new chapter: ``CHAPTER 114--CLASS ACTIONS ``Sec. ``1711. Notification of class action certifications and settlements. ``Sec. 1711. Notification of class action certifications and settlements ``(a) For purposes of this section, the term-- ``(1) `class' means a group of similarly situated individuals, defined by a class certification order, that comprise a party in a class action lawsuit; ``(2) `class action' means a lawsuit filed pursuant to rule 23 of the Federal Rules of Civil Procedure or similar State rules of procedure authorizing a lawsuit to be brought by 1 or more representative individuals on behalf of a class; ``(3) `class certification order' means an order issued by a court approving the treatment of a lawsuit as a class action; ``(4) `class member' means a person that falls within the definition of the class; ``(5) `class counsel' means the attorneys representing the class in a class action; ``(6) `electronic legal databases' means computer services available to subscribers containing text of judicial opinions and other legal materials, such as LEXIS or WESTLAW; ``(7) `official court reporter' means a publicly available compilation of published judicial opinions; ``(8) `plaintiff class action' means a class action in which the plaintiff is a class; and ``(9) `proposed settlement' means a settlement agreement between the parties in a class action that is subject to court approval before it becomes binding on the parties. ``(b) This section shall apply to-- ``(1) all plaintiff class actions filed in Federal court; and ``(2) all plaintiff class actions filed in State court in which-- ``(A) any class member resides outside the State in which the action is filed; and ``(B) the transaction or occurrence that gave rise to the lawsuit occurred in more than one State. ``(c) No later than 10 days after a proposed settlement in a class action is filed in court, class counsel shall serve the State attorney general of each State in which a class member resides and the Department of Justice as if they were parties in the class action with-- ``(1) a copy of the complaint and any materials filed with the complaint; ``(2) notice of any scheduled judicial hearing in the class action; ``(3) any proposed or final notification to class members of-- ``(A) their rights to request exclusion from the class action; and ``(B) a proposed settlement of a class action; ``(4) any proposed or final class action settlement; ``(5) any settlement or other agreement contemporaneously made between class counsel and counsel for the defendants; ``(6) any final judgment or notice of dismissal; and ``(7) any written judicial opinion relating to the materials described under paragraphs (3) through (6). ``(d) A hearing to consider final approval of a proposed settlement may not be held earlier than 120 days after the date on which the State attorney generals and the Department of Justice are served notice under subsection (c). ``(e) A class member may refuse to comply with and may choose not be bound by a settlement agreement or consent decree in a class action lawsuit if the class member resides in a State where the State attorney general has not been provided notice and materials under subsection (c). The rights created by this subsection shall apply only to class members or any person acting on their behalf. ``(f) Any court order certifying a class, approving a proposed settlement in a class action, or entering a consent decree in a class action, and any written opinions concerning such court orders and decrees, shall be made available for publication in official court reporters and electronic legal databases. ``(g) Any court with jurisdiction over a plaintiff class action shall require that-- ``(1) any written notice provided to the class through the mail or publication in printed media contain a short summary written in plain, easily understood language, describing-- ``(A) the subject matter of the class action; ``(B) the legal consequences of joining the class action; ``(C) if the notice is informing class members of a proposed settlement agreement-- ``(i) the benefits that will accrue to the class due to the settlement; ``(ii) the rights that class members will lose or waive through the settlement; ``(iii) obligations that will be imposed on the defendants by the settlement; ``(iv) a good faith estimate of the dollar amount of any attorney's fee if possible; and ``(v) an explanation of how any attorney's fee will be calculated and funded; and ``(D) any other material matter; and ``(2) any notice provided through television or radio to inform the class of its rights to be excluded from a class action or a proposed settlement shall, in plain, easily understood language-- ``(A) describe the individuals that may potentially become class members in the class action; and ``(B) explain that the failure of individuals falling within the definition of the class to exercise their right to be excluded from a class action will result in the individual's inclusion in the class action. ``(h) Compliance with this section shall not immunize any party from any legal action under Federal or State law, including actions for malpractice or fraud.''. (b) Technical and Conforming Amendment.--The table of chapters for part V of title 28, United States Code, is amended by inserting after the item relating to chapter 113 the following: ``114. Class Actions........................................ 1711''. SEC. 3. APPLICABILITY. This Act and the amendments made by this Act shall apply to all class action lawsuits filed after or pending on the date of enactment of this Act.

Protecting Class Action Plaintiffs Act of 1995 - Amends the Federal judicial code to require the attorneys representing the class in a class action lawsuit, no later than ten days after a proposed settlement is filed, to serve the attorney general of each State in which a class member resides and the Department of Justice (DOJ) with specified information, including a copy of the complaint, notice of any scheduled judicial hearing in the class action, and any proposed or final class action settlement. Specifies that: (1) a hearing to consider final approval of a proposed settlement may not be held earlier than 120 days after such notice is served; (2) a class member may refuse to comply with, and may choose not to be bound by, a settlement agreement or consent decree in such a lawsuit if the class member resides in a State whose attorney general has not been provided such notice; and (3) any court order certifying a class or approving a proposed settlement in a class action and any written opinions concerning such court orders and decrees shall be made available for publication in official court reporters and electronic legal databases. Directs any court with jurisdiction over a class action in which the plaintiff is a class to require that: (1) any written notice provided to the class through the mail or publication in printed media contain a short summary written in plain, easily understood language describing the subject matter of the class action, the legal consequences of joining such action, and specified other information; and (2) any notice provided through television or radio to inform the class of its rights to be excluded from a class action or a proposed settlement indicate and explain in plain, easily understood language the individuals that may potentially become class members and that the failure of individuals to exercise their right to be excluded will result in the individual's inclusion in the class action.

Protecting Class Action Plaintiffs Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Care and Counseling Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) In a recent report, a startling 85 percent of college counseling centers revealed an increase in the number of students they see with psychological problems. Furthermore, the American College Health Association found that 61 percent of college students reported feeling hopeless, 45 percent said they felt so depressed they could barely function, and 9 percent felt suicidal. (2) There is clear evidence of an increased incidence of depression among college students. According to a survey described in the Chronicle of Higher Education (February 1, 2002), depression among freshmen has nearly doubled (from 8.2 percent to 16.3 percent). Without treatment, researchers recently noted that ``depressed adolescents are at risk for school failure, social isolation, promiscuity, self medication with drugs and alcohol, and suicide--now the third leading cause of death among 10-24 year olds.'' (3) Researchers who conducted the study ``Changes in Counseling Center Client Problems Across 13 Years'' (1989-2001) at Kansas State University stated that ``students are experiencing more stress, more anxiety, more depression than they were a decade ago.'' (The Chronicle of Higher Education, February 14, 2003). (4) According to a 1999 UCLA study, more than 30 percent of college freshmen reported feeling overwhelmed a great deal of the time during the beginning of college and may benefit from psychological services. (5) According to the 2001 National Household Survey on Drug Abuse, the highest prevalence of both binge and heavy drinking was found in young adults ages 18 to 25 (especially on college campuses). In addition, the results of a Harvard School of Public Health College Alcohol Study Survey printed in the Journal of American Health show that 44.4 percent of college students describe themselves as binge drinkers. (6) The National Institute of Alcohol Abuse and Alcoholism in 2002 reported that 1400 college students die each year from alcohol-related injuries. In addition, it is stated that college students who drink are more likely to assault, sexually abuse, and vandalize others. Furthermore, it is reported that 25 percent of college students attribute academic problems to excessive drinking. (7) According to the 2001 National Household Survey on Drug Abuse, 20 percent of full-time undergraduate college students use illicit drugs. (8) The 2001 National Household Survey on Drug Abuse also reported that 18.4 percent of adults aged 18 to 24 are dependent on or abusing illicit drugs or alcohol. In addition, the study found that ``serious mental illness is highly correlated with substance dependence or abuse. Among adults with serious mental illness in 2001, 20.3 percent were dependent on or abused alcohol or illicit drugs, while the rate among adults without serious mental illness was only 6.3 percent.'' (9) In 2001, there were 249,000 victims of rape in the United States, according to statistics from the Rape, Abuse and Incest National Network. 36 percent of victims of rape and sexual assault are between the ages of 18 and 30. (10) The National Victim's Center in 2001 reported that 13.3 percent of college women say they have been forced to have sex in a dating situation. (11) According to the National Eating Disorders Association, 5-10 million women and 1 million men struggle with eating disorders including anorexia, bulimia, binge eating disorder, or borderline conditions after puberty. SEC. 3. MENTAL AND BEHAVIORAL HEALTH SERVICES ON CAMPUS. Part B of title I of the Higher Education Act of 1965 is amended by inserting after section 120 (20 U.S.C. 1011i) the following new section: ``SEC. 120A. MENTAL AND BEHAVIORAL HEALTH SERVICES ON CAMPUS. ``(a) Purpose.--It is the purpose of this section to increase access to, and enhance the range of, mental and behavioral health services for students at centers on campus that provide such services so as to ensure that college students have the support necessary to successfully complete their studies. ``(b) Program Authorized.--From the funds appropriated under subsection (g), the Secretary shall award competitive grants to centers on campus that provide mental and behavioral health services to students to provide such services and develop best practices for the delivery of such services. Such grants shall, subject to the availability of such appropriations, be for a period of 3 years. ``(c) Eligible Entities.--Any mental health service center located on the campus of an institution of higher education that provides mental and behavioral health services to students is eligible to apply for a grant under this section. Eligible entities may include entities such as college counseling centers; college and university psychological service centers; mental health units; and psychology training clinics. ``(d) Applications.--Each eligible entity seeking to obtain a grant under this section shall submit an application to the Secretary. Each such application shall include-- ``(1) an outline of program objectives and anticipated program outcomes; ``(2) outreach strategies (including ways in which the applicant proposes to reach students, promote access to services, and address the range of needs of university students); ``(3) a proposed plan for reaching those students most in need of the center's services; ``(4) a program evaluation plan to assess program outcomes; and ``(5) such additional information as is required by the Secretary. ``(e) Use of Funds.--Funds provided by a grant under this section may be used for one or more of the following activities: ``(1) Intervention program for developmental, transitional, and adjustment issues that affect students as they matriculate and graduate from college. ``(2) Addressing issues related to binge and heavy alcohol consumption and the associated behavioral health risks. ``(3) Providing services for students with mental and behavioral health problems that impede academic performance (such as test anxiety). ``(4) Self-management skills (for behavioral and emotional self regulation). ``(5) Management of chronic mental illness. ``(6) Assessment and intervention for depressive disorders, and suicidal and self-harm behaviors. ``(7) Assessment and treatment of anxiety disorders. ``(8) Prevention programs for depression, anxiety, suicide, and domestic violence. ``(9) Assessment, treatment, and education for eating disorders. ``(10) Treatment of sexual trauma. ``(11) Psychological education for parents of college students. ``(12) Hire appropriately trained staff. ``(13) Strengthen and expand psychology doctoral internship and postdoctoral residency programs and opportunities. ``(14) Supporting the use of evidence-based and emerging best practices and evaluate outcomes in centers on campus that provide mental and behavioral health services so as to provide information and training to other centers around the nation. ``(f) Additional Required Elements.--Each eligible entity that receives a grant under this section shall-- ``(1) provide annual reports to the Secretary describing the use of funds, the program's objectives, and how the objectives were met (description of program outcomes); ``(2) perform such additional evaluation as the Secretary may require, which may include measures such as increase in range of services provided; increase in the quality of services provided; increase in access to services; college continuation rates; decrease in college dropout rates; increase in college graduation rates; and ``(3) shall coordinate its program under this section with other related efforts on campus by entities concerned with the mental, health, and behavioral health needs of students. ``(g) Authorization of Appropriations.--There are authorized to be appropriated for grants under this section $10,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Campus Care and Counseling Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make competitive grants to campus mental and behavioral health service centers.

To amend the Higher Education Act of 1965 to provide funds for campus mental and behavioral health service centers.

SECTION 1. H-2B NUMERICAL LIMITATIONS. (a) In General.--Section 214(g)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended to read as follows: ``(A)(i) Except as provided in clause (ii), and subject to subparagraphs (B) and (C), an alien who has already been counted toward the numerical limitation of paragraph (1)(B) shall not again be counted toward such limitation. Such an alien shall be considered a returning worker. ``(ii) An alien who has already been counted toward the numerical limitation of paragraph (1)(B) shall again be counted toward such limitation if such alien departs the United States for a period of time that is greater than one year, and has not been counted toward such limitation in any of the 3 years prior to such departure.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if enacted on January 1, 2013. SEC. 2. ADDITIONAL REQUIREMENTS FOR H-2B NONIMMIGRANT EMPLOYERS. (a) In General.--Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after section 218 the following: ``SEC. 218A. REQUIREMENTS FOR H-2B EMPLOYERS. ``(a) Petition Process.-- ``(1) In general.--An employer who seeks to employ an H-2B nonimmigrant shall submit a petition to the Secretary of Homeland Security in accordance with this subsection. ``(2) Contents.--A petition submitted under paragraph (1) shall include each of the following: ``(A) The number of named and unnamed H-2B nonimmigrants the employer is seeking to employ during the applicable period of employment, and the anticipated dates of entry (which may be staggered). ``(B) The geographic area of intended employment for the H-2B nonimmigrants, except that for itinerant industries that do not operate in a single fixed-site location, an employer may provide a list of anticipated work locations, which-- ``(i) may include an anticipated itinerary; and ``(ii) may be subsequently amended by the employer, with notice to the Secretary of Homeland Security. ``(C) The anticipated period during which such employees will be needed, including expected beginning and ending dates. ``(D) The written disclosure of employment terms and conditions which will be provided to the proposed H-2B nonimmigrant beneficiary of the petition before the date on which the H-2B nonimmigrant files a visa application. ``(E) Evidence that the employer made efforts to recruit available, qualified, willing, and able United States workers for any position for which the employer seeks an H-2B nonimmigrant worker, which the employer shall be deemed to have satisfied if the employer-- ``(i) not later than 60 days before the employer's date of need for an H-2B nonimmigrant, submits the written disclosure of employment terms and conditions for such worker to the local office of the State workforce agency where the job is located, or in the case of an itinerant employer, where the job is to begin, and authorizes the posting of the written disclosure on the appropriate Department of Labor Electronic Job Registry for a period of 45 days, except that nothing in this clause shall require the employer to file an interstate job order under section 653, of title 20, Code of Federal Regulations; and ``(ii) keeps a record of all eligible, able, willing, and qualified United States workers who apply for employment with the employer for the job for which an H-2B nonimmigrant is sought. ``(3) Review.-- ``(A) In general.--The Secretary of Homeland Security shall establish a procedure to process petitions filed under this subsection, and shall review each petition submitted by an employer under this subsection for completeness or obvious inaccuracies. ``(B) Acceptance of petitions.--Not later than 7 days after an employer files a petition, the Secretary of Homeland Security shall-- ``(i) accept the petition unless the Secretary determines that the petition is incomplete or obviously inaccurate; ``(ii) submit to the petitioner notice of acceptance or non-acceptance of the petition using electronic or other means assuring expedited delivery; and ``(iii) in the case of an accepted petition, submit to the United States consulate notice of acceptance of the petition using electronic or other means assuring expedited delivery, if the petitioner has indicated that the alien beneficiary or beneficiaries will apply for a visa to the United States at such consulate. ``(4) Number of positions not reduced by hiring united states worker.--The Secretary of Homeland Security may not reduce the number of positions that the Secretary accepts for an employer pursuant to a petition under this subsection because the employer hires a United States worker before date on which the employer indicated it needed workers on the petition the employer submitted under this subsection. ``(b) Transportation Costs.-- ``(1) Transportation to the place of employment.--Not later than the date on which an H-2B nonimmigrant completes 50 percent of the work period set forth in the petition, an employer who hires an H-2B nonimmigrant shall reimburse the H- 2B nonimmigrant for the cost of transportation of the most economic and reasonable common carrier, including documented and reasonable subsistence costs during the period of travel, for that H-2B nonimmigrant, from the United States consulate issuing the visa to the H-2B nonimmigrant or previous worksite in the United States, if any, to the place of such nonimmigrant's employment, unless the H-2B nonimmigrant has been so reimbursed by another employer. ``(2) Transportation from the place of employment.--If an H-2B nonimmigrant completes the work period set forth in the petition, and is not traveling to another worksite in the United States, not later than the time the H-2B nonimmigrant departs from the worksite, the employer who hired an H-2B nonimmigrant for that work period shall pay for the cost of transportation of the most economic and reasonable common carrier, including an allowance for reasonable subsistence costs during the period of travel, for that H-2B nonimmigrant, from the place of employment to the United States consulate that issued the visa to the H-2B nonimmigrant. ``(c) No Displacement of United States Workers.-- ``(1) In general.--An employer may not displace a United States worker employed by the employer, other than for good cause, during the period of employment of the H-2B nonimmigrant and for a period of 30 days preceding such period in the occupation and at the location of employment for which the employer seeks to employ an H-2B nonimmigrant. ``(2) Labor dispute.--An employer may not employ an H-2B nonimmigrant for a specific job for which the employer is requesting an H-2B nonimmigrant because the former occupant of the job is on strike or being locked out in the course of a labor dispute. ``(d) Wages.--The wages to be paid to H-2B nonimmigrants shall be the greater of-- ``(1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location; or ``(2) the prevailing wage level for the occupational classification of the position in the geographic area in which the H-2B nonimmigrant will be employed, based on the best information available at the time of filing the petition. ``(e) Housing.--An employer is not required to provide housing or a housing allowance to an H-2B nonimmigrant employee. If an employer does provide housing or a housing allowance to an H-2B nonimmigrant employee, the employer may take a wage deduction or credit in an amount that is equal to the fair value of such housing in accordance with the Fair Labor Standards Act of 1938. ``(f) Incentive for an Employer To Report an Absconding H-2B Nonimmigrant Employee.--If an H-2B nonimmigrant terminates employment prior to the end of the work period set forth in the job order, and the employer provides timely notice of this termination to the Secretary of Homeland Security, the Secretary of Homeland Security shall promptly notify the Secretary of State, and the Secretary of State shall make available to the employer one additional visa for each such terminating nonimmigrant in order for the employer to hire a replacement H-2B nonimmigrant for the same job opportunity without filing an additional petition. ``(g) Definitions.--In this section, the following definitions apply: ``(1) The term `H-2B nonimmigrant' means an alien admitted to the United States pursuant to section 101(a)(15)(H)(ii)(B). ``(2) The term `United States worker' means an employee who-- ``(A) is a citizen or national of the United States; ``(B) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207 of this title, is granted asylum under section 208, or is an immigrant otherwise authorized, by this Act or by the Secretary of Homeland Security, to be employed; or ``(C) an individual who is not an unauthorized alien (as defined in section 274A(h)(3)) with respect to the proposed occupation of the H-2B nonimmigrant. ``(3) The term `best information available', with respect to determining the prevailing wage for a position, means-- ``(A) a controlling collective bargaining agreement, where the employer is a signatory to a collective bargaining agreement that sets wages for work performed by H-2B nonimmigrants; ``(B) if there is no controlling collective bargaining agreement as set forth in subparagraph (A), the local, State, or Federal prevailing wage laws or ordinances, for any time period during which the H-2B nonimmigrant performs work on a project for which payment of such wages is required by such laws or ordinances, and the employer has signed a contract agreeing to pay such wages on that project; or ``(C) if there is no controlling collective bargaining agreement as set forth in subparagraph (A) and the H-2B nonimmigrant is not performing work governed by a prevailing wage law or ordinance as set forth in subparagraph (B)-- ``(i) the wage level commensurate with the experience, training, and supervision required for the job based on Bureau of Labor Statistics data; or ``(ii) a legitimate private wage survey of the wages paid for such positions in the geographic area in which the H-2B nonimmigrant will be employed. ``(4) The term `legitimate private wage survey' means, in the case of a petition under subsection (a), a survey of wages by an entity other than the Federal Government where-- ``(A) the data has been collected during the 2-year period immediately preceding the date of the petition; ``(B) if a published survey, the survey has been published during the 2-year period immediately preceding the date of the petition; ``(C) the employer job description is similar to the survey job description; ``(D) the survey is across industries that employ workers in the occupation; ``(E) the wage determination is based on a weighted or straight average of the relevant wages or the median of relevant wage levels; and ``(F) the survey identifies a statistically valid methodology that was used to collect the data. ``(h) Rule of Construction.--The benefits and wages provided to an H-2B nonimmigrant, the services an H-2B nonimmigrant provides to the employer, the employment opportunities afforded to an H-2B nonimmigrant by the employer, including those employment opportunities that require a United States worker or an H-2B nonimmigrant to travel or relocate in order to accept or perform employment, and other terms or conditions of the employment of an H-2B nonimmigrant provided for under this section are for the mutual benefit of the H-2B nonimmigrant and the employer. ``(i) Exclusive Rulemaking Authority.--The Secretary of Homeland Security shall have the exclusive authority to make rules to implement this section.''. (b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 218 the following: ``218A. Requirements for H-2B Nonimmigrant Employers.''.

Amends the Immigration and Nationality Act with respect to a returning H-2B alien (temporary nonagricultural worker) who has already been counted toward the annual numerical limitation. Exempts such an alien from that limitation unless he or she leaves the United States for more than one year and has not been counted toward the limitation in any of the three years before his or her departure. Sets forth H-2B employer requirements regarding: (1) petitions, (2) transportation costs, (3) displacement of U.S. workers, (4) wages, (5) housing, and (6) an incentive for an employer to report absconding H-2B workers.

To amend the Immigration and Nationality Act to provide for requirements for employers of H-2B nonimmigrants, and for other purposes.

SECTION 1. SHORT TITLE. This Act may cited as the ``Hospice Care Access Improvement Act of 2015''. SEC. 2. HOSPICE PAYMENT REFORM DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall conduct a demonstration program for a 1-year period during fiscal year 2016 to test the proposed hospice payment methodology revisions. (b) Proposed Hospice Payment Methodology Revisions Defined.--In this section, the term ``proposed hospice payment methodology revisions'' means revisions to the methodology for determining hospice payment rates under section 1814(i)(6)(D) of the Social Security Act (42 U.S.C. 1395f(i)(6)(D)) contained in the Fiscal Year 2016 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements as published by the Centers for Medicare & Medicaid Services on May 5, 2015 (80 Fed. Reg. 25831 et seq.). (c) Scope.--The Secretary shall select one Medicare administrative contractor to conduct the demonstration program. Such contractor shall conduct the demonstration program with respect to all hospice programs under that contractor's jurisdiction. (d) Evaluation.--The Secretary shall conduct an evaluation of the demonstration program, which shall include an analysis of the impact of the proposed hospice payment methodology revisions-- (1) on the quality of patient care and the ability of hospice programs to provide such care; and (2) on access to hospice care for beneficiaries. (e) Report.--Not later than March 31, 2017, the Secretary shall submit to Congress a report on the demonstration program. The report shall include-- (1) the results of the evaluation under subsection (d); and (2) recommendations for such legislation and administrative action as the Secretary determines appropriate. (f) Implementation of Hospice Payment Methodology Revisions.-- (1) Prohibition on implementation of revisions for fiscal years 2016 and 2017.--No revisions to the hospice payment methodology shall be made under section 1814(i)(6)(D) of the Social Security Act (42 U.S.C. 1395f(i)(6)(D)) for fiscal years 2016 and 2017, except for purposes of the demonstration program required to be conducted under subsection (a). (2) Implementation of revisions for fiscal year 2018.-- After taking into account the results of the evaluation of the demonstration program and after making any necessary revisions, the Secretary shall implement the proposed hospice payment methodology revisions beginning with fiscal year 2018. SEC. 3. HOSPICE PROGRAM INTEGRITY. (a) Medical Review for Certain Hospice Programs.--Section 1814(i) of the Social Security Act (42 U.S.C. 1395f(i)) is amended by adding at the end the following new paragraph: ``(8) Medical review for certain hospice programs.-- ``(A) In general.--The Secretary shall implement a process for the medical review of hospice care furnished by a hospice program identified under subparagraph (B). ``(B) Identification of hospice programs for medical review.--The Secretary shall identify hospice programs the patients of which will be subject to medical review under subparagraph (A). In identifying such programs, the Secretary shall consider multiple factors in comparison with other similarly situated hospice programs, such as-- ``(i) the percentage of patients who were discharged after receiving hospice care for a period of 120 to 180 days and who were alive upon such discharge; ``(ii) the percentage of patients who are receiving hospice care from the program at the end of life who receive no skilled hospice care visits in the last week of life; and ``(iii) the level of per-patient expenditures under this title for patients of the hospice program excluding expenditures for hospice care. ``(C) Limitation on liability of beneficiary where medicare claims are disallowed.--The provisions of this title relating to the limitation on liability of a beneficiary where Medicare claims are disallowed shall apply with respect to this paragraph in the same manner as they apply to subsection (a)(7)(E).''. (b) Developing Interventions To Reduce Hospital Admissions.--The Secretary shall develop and publish guidance, where appropriate and in consultation with interested parties, for hospice programs to develop interventions to reduce hospital admissions and visits to hospital emergency departments by patients of such hospice programs. (c) Expanding Who May Perform Pre-Hospice Evaluation and Counseling Services.-- (1) In general.--Section 1812(a)(5) of the Social Security Act (42 U.S.C. 1395d(a)(5)) is amended by inserting after ``hospice program'' the following: ``, or services that are furnished by a registered nurse who is an employee of a hospice program in consultation, if necessary, with other members of the interdisciplinary group described in section 1861(dd)(2)(B),''. (2) Evaluation and report.-- (A) Evaluation.--The Secretary shall evaluate the impact of the amendment made by paragraph (1). Such evaluation shall include an evaluation of the impact of such amendment on hospital admission rates, hospice care utilization, and length of stay in hospice programs for patients receiving services under section 1812(a)(5) of the Social Security Act (42 U.S.C. 1395d(a)(5)). (B) Report.--The Secretary shall submit a report to Congress containing the results of the evaluation under subparagraph (A). (d) Expanding Hospice Care Access for Residents Using Skilled Nursing Facilities.-- (1) Medicare and skilled nursing facilities.--Section 1819 of the Social Security Act (42 U.S.C. 1395i-3) is amended-- (A) in subsection (b)(4), by adding at the end the following new subparagraph: ``(D) Hospice program contracting.--In the case of a facility that contracts with a hospice program for hospice care for its residents, such facility shall make a good faith effort to enter into a contract with more than one hospice program participating under this title that provides services in the area served by the facility, if more than one hospice program is available to serve such residents.''; and (B) in subsection (c)(1)(A)(i), by inserting after ``well-being,'' the following: ``to be fully informed, in a form and manner specified by the Secretary, of any financial interest, as specified by the Secretary, the skilled nursing facility has in any hospice program to which a resident is referred,''. (2) Effective date.--The amendments made by this subsection shall apply to skilled nursing facilities in operation 1 year after the date of the enactment of this Act. (e) Hospital Discharge Planning Provisions Relating to Hospice Care.-- (1) In general.--Section 1861(ee)(2) of the Social Security Act (42 U.S.C. 1395x(ee)(2)) is amended-- (A) in subparagraph (D), by striking the period at the end and inserting ``and, in the case of individuals likely to need hospice care, the availability of such care through hospice programs that participate in the program under this title and that serve the area in which the patient resides and that request to be listed by the hospital as available.''; and (B) in subparagraph (H)(i), by inserting ``or hospice care'' after ``home health services''. (2) Effective date.--The amendments made by this subsection shall apply to discharges occurring on or after 90 days after the date of the enactment of this Act.

Hospice Care Access Improvement Act of 2015 This bill directs the Department of Health and Human Services (HHS) to select one Medicare administrative contractor to conduct a one-year demonstration program during FY2016 in all hospice programs under the contractor's jurisdiction to test revisions to the methodology for determining hospice payment rates under title XVIII (Medicare) of the Social Security Act contained in the "Fiscal Year 2016 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements," published on May 5, 2015, by the Centers for Medicare & Medicaid Services. No revisions to the hospice payment methodology may be made for FY2016-FY2017, except for demonstration program purposes. HHS shall implement the proposed hospice payment methodology revisions beginning with FY2018 after: taking into account an evaluation of the demonstration program, and making any necessary changes to the revisions. HHS shall implement a process for the medical review of hospice care furnished by a hospice program identified according to certain multiple factors, such as the percentage of patients discharged after receiving hospice care for between 120 and 180 days and who were alive upon discharge. HHS shall also develop and publish guidance for hospice programs to develop interventions to reduce hospital admissions and visits to hospital emergency departments by hospice patients. Medicare shall cover pre-hospice evaluation and counseling services performed by a registered nurse employed by a hospice program. A skilled nursing facility (SNF) shall make a good faith effort to contract with more than one hospice program participating in the Medicare program that provides services in the area served by the SNF, if more than one hospice program is available to serve SNF residents. SNF residents shall have the right to be fully informed of any financial interest the SNF has in any hospice program to which a resident is referred. Any hospital discharge planning evaluation must evaluate, for an individual likely to need hospice care, the availability of such care through hospice programs that: participate in the Medicare program and serve the area in which the patient resides, and request to be listed by the hospital as available.

Hospice Care Access Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``TRICARE Enhancement Act of 2000''. SEC. 2. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE PROGRAM. (a) Waiver of Nonavailability Statement or Preauthorization.--In the case of a covered beneficiary under chapter 55 of title 10, United States Code, who is enrolled in TRICARE Standard, the Secretary of Defense may not require with regard to authorized health care services (other than mental health services) under any new contract for the provision of health care services under such chapter that the beneficiary-- (1) obtain a nonavailability statement or preauthorization from a military medical treatment facility in order to receive the services from a civilian provider; or (2) obtain a nonavailability statement for care in specialized treatment facilities outside the 200-mile radius of a military medical treatment facility. (b) Notice.--The Secretary may require that the covered beneficiary inform the primary care manager of the beneficiary of any health care received from a civilian provider or in a specialized treatment facility. (c) Exceptions.--Subsection (a) shall not apply if-- (1) the Secretary demonstrates significant cost avoidance for specific procedures at the affected military medical treatment facilities; (2) the Secretary determines that a specific procedure must be maintained at the affected military medical treatment facility to ensure the proficiency levels of the practitioners at the facility; or (3) the lack of nonavailability statement data would significantly interfere with TRICARE contract administration. SEC. 3. IMPROVEMENTS IN MONITORING ACCESS TO CARE. (a) In General.--The Secretary of Defense shall direct-- (1) that the Composite Health Care System be used in lieu of the Customer Satisfaction Survey to measure performance of the Department of Defense in scheduling appointments in military medical treatment facilities for covered beneficiaries under TRICARE Prime in compliance with appointment access standards of the TRICARE program; (2) that any necessary modifications be made to the Composite Health Care System in order that appropriate access standards are used and standardized throughout the military health-care system; and (3) that compliance with the appointment timeliness standards under the TRICARE program in military medical treatment facilities be reported at the individual military medical treatment facility level, the service level, the system wide level, and by various beneficiary categories. (b) Report Required.--Not later than December 31, 2000, the Secretary shall submit to Congress a report on efforts to carry out this section. SEC. 4. EXPANDED ACCESS TO CERTIFIED MENTAL HEALTH COUNSELORS. (a) In General.--Section 1079 of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (8)-- (i) by striking ``or marital counselors (other than certified marriage and family therapists)'' and inserting ``marital counselors (other than certified marriage and family therapists, or certified mental health counselors)''; and (ii) by inserting ``and certified mental health counselors'' after ``services of certified marriage and family health therapists''; and (B) in paragraph (13), by inserting ``certified mental health counselor,'' after ``psychologist,''; and (2) by adding at the end the following: ``(p)(1) For purposes of providing substance abuse treatment services to covered beneficiaries under the TRICARE program, the Secretary shall recognize certified professional mental health counselors as qualified mental health providers who are able to prescribe the appropriate level and course of treatment for substance abuse disorders. ``(2) For purposes of providing mental health evaluations of covered beneficiaries under the TRICARE program, the Secretary shall recognize certified professional mental health counselors as mental health professionals qualified to conduct mental health evaluations.''. (b) Application of Amendments.--The amendments made by subsection (a) shall apply with respect to services of a certified mental health counselor provided under section 1079 or 1086 of title 10, United States Code, on or after the date of the enactment of this Act. SEC. 5. REIMBURSEMENT OF CERTAIN COSTS INCURRED BY COVERED BENEFICIARIES REFERRED FOR CARE OUTSIDE LOCAL CATCHMENT AREA. The Secretary of Defense shall require that any new contract for the provision of health care services under the TRICARE program under chapter 55 of title 10, United States Code, shall require that in any case in which a covered beneficiary under such chapter who is enrolled in TRICARE Prime is referred by a network provider or military medical treatment facility to a provider or military medical treatment facility more than 100 miles outside the catchment area of a military medical treatment facility because a local provider is not available, the beneficiary shall be reimbursed by the network provider or military medical treatment facility making the referral for the cost of personal automobile mileage, to be paid under standard reimbursement rates for Federal employees, or for the cost of air travel in amounts not to exceed standard contract fares for Federal employees. SEC. 6. REMOVAL OF RESTRICTION REGARDING REIMBURSEMENT CAP. Section 1097b(a) of title 10, United States Code, is amended by adding at the end the following: ``(3) In circumstances in which TRICARE Standard is a secondary payer for health care provided to a covered beneficiary, TRICARE Standard shall provide reimbursement to the health care provider in the amount of the difference between the amount paid by the primary insurance provider and the total amount of the charges for the health care provided to the beneficiary, but in no case-- ``(A) may the total amount paid by TRICARE Standard exceed 115 percent of CHAMPUS maximum allowable charges; or ``(B) may the total amount paid by the primary insurance provider and TRICARE Standard exceed the total amount of the charges for the health care provided.''. SEC. 7. IMPROVEMENTS WITH RESPECT TO PROVISION OF DENTAL CARE. (a) Expansion of Appeals Process.--The Secretary of Defense shall extend the appeals process for resolution of claims for participating dental care providers under the TRICARE program to non-network providers who provide dental care to covered beneficiaries under chapter 55 of title 10, United States Code, under such program. (b) Disenrollment Process for TRICARE Retiree Dental Program.--(1) With respect to the provision of dental care to military retirees and their dependents under chapter 55 of title 10, United States Code, the Secretary of Defense-- (A) shall require that a contract with a provider allow for a period of not less than 10 business days, beginning on the date of the submission of an application for enrollment, during which the enrollee may disenroll; (B) shall provide for limited circumstances under which disenrollment shall be permitted during the 24-month initial enrollment period, without jeopardizing the fiscal integrity of the dental program. (2) The circumstances described in paragraph (1)(B) shall include-- (A) a case in which a military retiree who is also a Federal employee is assigned to a location overseas which prevents utilization of dental benefits in the United States; (B) a case in which a military retiree or dependent provides medical documentation with regard to a diagnosis of a serious or terminal illness which precludes the retiree or dependent from obtaining dental care; (C) a case in which severe financial hardship would result; and (D) any other instances which the Secretary considers appropriate. (3) Initial requests for disenrollment under this section shall be made to the contractor, and appeals of a decision by the contractor, or policies with respect to the provision of dental care to retirees and their dependents under the TRICARE program shall, at the request of the beneficiary, be referred by the contractor (including all relevant information collected by the contractor) to the TRICARE Management Activity. SEC. 8. REPORTS REQUIRED. (a) Report on Reimbursement Rates.--Not later than February 1, 2001, the Secretary of Defense shall submit to Congress a report on the use of authority under section 1097b of title 10, United States Code, to provide reimbursement to health care providers at rates higher than otherwise authorized, but not exceeding an amount equal to 115 percent of CHAMPUS maximum allowable charges. The report shall include-- (1) a description of the rate and incidence of the use of such authority, the locations with respect to which the authority was exercised, and the procedures for which the authority was exercised; and (2) an analysis of the adequacy of such authority to improve efficiency in the provision of health care services under the TRICARE program network, particularly with respect to rural and remote areas. (b) Report on Comparison of Rates Charged for Medical Procedures.-- Not later than February 1, 2001, the Secretary of Defense shall submit to Congress a study on how the maximum allowable rates charged for the 100 most commonly performed medical procedures under the Civilian Health and Medical Program of the Uniformed Services and Medicare compare with usual and customary commercial insurance rates for such procedures in each TRICARE Prime catchment area. (c) Report on Mandatory Reimbursement Floor.--Not later than February 1, 2001, the Comptroller General shall submit to Congress a report providing an analysis of whether the use of a mandatory floor of 70 percent of usual and customary rates for reimbursement to health care providers under the TRICARE program, rather than a ceiling of an amount equal to 115 percent of CHAMPUS maximum allowable charges, would assist in providing a more robust health care network.

(Sec. 3) Requires the Secretary to direct that: (1) the Composite Health Care System (CHS) be used in lieu of the Customer Satisfaction Survey to measure the performance of the Department of Defense in scheduling appointments in military medical facilities for covered beneficiaries under TRICARE Prime; (2) any necessary modifications be made to the CHS to standardize appropriate access throughout the military health care system; and (3) compliance with appointment timeliness standards under TRICARE Prime in military medical facilities be reported at the facility level, the service level, the system level, and by various beneficiary categories. Requires a report from the Secretary to Congress. (Sec. 4) Authorizes covered beneficiary access under CHAMPUS to certified mental health counselors. Requires the Secretary to recognize such counselors as qualified to: (1) prescribe levels and courses of treatment for substance abuse disorders; and (2) conduct mental health evaluations. (Sec. 5) Requires new contracts under TRICARE to require a covered beneficiary under TRICARE Prime who is referred to a provider or facility more than 100 miles away due to the unavailability of a local provider to be reimbursed by the referring provider or facility for appropriate mileage costs or air travel. (Sec. 6) Requires that when TRICARE Standard is a secondary payer for health care provided to a covered beneficiary, it shall reimburse a provider the difference between the amounts paid by the primary insurance provider and the total charge for health care provided to the beneficiary, with a maximum limit. (Sec. 7) Directs the Secretary to extend the appeals process for the resolution of claims for participating dental care providers under TRICARE to non-network providers who provide dental care under CHAMPUS. Outlines procedures for disenrollment from the TRICARE dental program for military retirees and their dependents. (Sec. 8) Requires a report from: (1) the Secretary to Congress on the use of authority to provide reimbursement to health care providers at rates higher than otherwise authorized, but not exceeding 115 percent of CHAMPUS maximum allowable charges; and (2) the Comptroller General to Congress on whether the use of a mandatory floor of 70 percent of the usual and customary rates for reimbursement to health care providers under the TRICARE program, rather than a ceiling of 115 percent of CHAMPUS maximum allowable charges, would assist in providing a more robust health care network.

TRICARE Enhancement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) on January 22, 1948, the Minnesota Chippewa Tribe, representing all Chippewa bands in the State of Minnesota except the Red Lake Band, filed a claim before the Indian Claims Commission in Docket No. 19 for an accounting of all amounts received and expended pursuant to the Act of January 14, 1889 (25 Stat. 642, chapter 24) (referred to in this Act as the ``Nelson Act''); (2) on August 2, 1951, the Minnesota Chippewa Tribe, representing all Chippewa bands in the State of Minnesota except the Red Lake Band, filed a number of claims before the Indian Claims Commission in Docket No. 188 for an accounting of the obligation of the Federal Government to each member Band of the Minnesota Chippewa Tribe under various statutes and treaties not covered by the Nelson Act; (3) on May 17, 1999, a joint motion for findings in aid of settlement of the claims in Docket No. 19 and 188 was filed in the Court of Federal Claims; (4) the terms of the settlement were approved by the Court of Federal Claims and final judgment in the matter was entered on May 26, 1999; (5) on June 22, 1999, $20,000,000 was transferred to the Department of the Interior and deposited in a trust fund account established for the beneficiaries of the amounts awarded in Docket No. 19 and 188; (6) pursuant to the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), Congress must act to authorize the use or distribution of the judgment funds; and (7) on October 1, 2009, the Minnesota Chippewa Tribal Executive Committee passed Resolution 146-09, approving a plan to distribute the judgment funds and requesting that Congress authorize the distribution of the judgment funds in the manner described by the plan. SEC. 3. DEFINITIONS. In this Act: (1) Bands.--The term ``Bands'' means-- (A) the Bois Forte Band; (B) the Fond du Lac Band; (C) the Grand Portage Band; (D) the Leech Lake Band; (E) the Mille Lacs Band; and (F) the White Earth Band. (2) Judgment funds.--The term ``judgment funds'' means the $20,000,000 awarded on May 26, 1999, to the Minnesota Chippewa Tribe by the Court of Federal Claims and transferred to the Secretary for deposit in a trust fund account established for the beneficiaries of Docket No. 19 and 188. (3) Minnesota chippewa tribe.--The term ``Minnesota Chippewa Tribe'' means the Minnesota Chippewa Tribe, composed solely of the Bands. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA CHIPPEWA TRIBE. (a) In General.--The Secretary may reimburse the Minnesota Chippewa Tribe the amount that the Minnesota Chippewa Tribe contributed for attorneys' fees and litigation expenses associated with the litigation of Docket No. 19 and 188 in the Court of Federal Claims and the distribution of judgment funds, plus any interest earned on that amount as of the date of payment under this section to the Minnesota Chippewa Tribe. (b) Procedure.-- (1) In general.--To receive a reimbursement payment under subsection (a), not later than 90 days after the date of enactment of this Act, the Minnesota Chippewa Tribe shall submit to the Secretary a written claim for the reimbursement amount described in that subsection, subject to the condition that the Minnesota Chippewa Tribe certify that the reimbursement expenses claimed have not been reimbursed to the Tribe by any other entity. (2) Payment.--If the Minnesota Chippewa Tribe submits a claim to the Secretary in accordance with paragraph (1), the Secretary shall, using the judgment funds, pay to the Minnesota Chippewa Tribe the full reimbursement amount claimed, plus interest on that amount, calculated at the rate of 6.0 percent per year, simple interest, beginning on the date on which the amounts were expended by the Tribe and ending on the date on which the amounts are reimbursed to the Tribe. SEC. 5. DISTRIBUTION OF JUDGMENT FUNDS. (a) Membership Rolls.--Not later than 90 days after the date of enactment of this Act, the Minnesota Chippewa Tribe shall submit to the Secretary an updated membership roll for each Band of the Tribe, each of which shall include the names of all enrolled members of that Band living on the date of enactment of this Act. (b) Disbursement of Available Funds.-- (1) Per capita account.--After the date on which any amounts under section 4 have been disbursed and the Secretary has received the updated membership rolls under subsection (a), the Secretary shall, from the remaining judgment funds, deposit in a per capita account established by the Secretary for each Band, an amount that is equal to $300 for each member of that Band listed on the updated membership roll. (2) Remaining amounts.--If, after the disbursement described in paragraph (1), any judgment funds remain undisbursed, the Secretary shall deposit in an account established by the Secretary for each Band, which shall be separate from the per capita account described in paragraph (1), all remaining amounts, divided equally among the Bands. (c) Use of Amounts.-- (1) Disbursement of per capita payments.--Any amounts deposited in the per capita account of a Band described in subsection (b)(1) shall be-- (A) made available to the Band for immediate withdrawal; and (B) used by the Band solely for the purpose of distributing 1 $300 payment to each individual member of the Band listed on the updated membership roll. (2) Treatment of dependents.--For each minor or dependent member of the Band listed on the updated roll, the Band may-- (A) distribute the $300 payment to a parent or legal guardian of that dependent Band member; or (B) deposit in a trust account the $300 payment of that dependent Band member for the benefit of that dependent Band member, to be distributed under the terms of the trust. (d) Unclaimed Payments.--If, on the date that is 1 year after the date on which the amounts described in subsection (b)(1) are made available to a Band, any amounts remain unclaimed, those amounts shall be returned to the Secretary, who shall deposit the remaining amounts in the accounts described in subsection (b)(2) in equal shares for each Band. (e) No Liability.--The Secretary shall not be liable for the expenditure or investment of any amounts disbursed to a Band from the accounts described in subsection (b) after those amounts are withdrawn by the Band. SEC. 6. ADMINISTRATION. Amounts disbursed under this Act-- (1) shall not be liable for the payment of previously contracted obligations of any recipient, as provided in section 2(a) of Public Law 98-64 (25 U.S.C. 117b(a)); and (2) shall be subject to section 7 of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1407).

Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2011 - Authorizes the Secretary of the Interior to reimburse the Minnesota Chippewa Tribe for the amount, plus interest, that the Tribe contributed for the distribution of judgment funds and the payment of attorneys' fees and litigation expenses associated with the litigation of Docket No. 19 and Docket No. 188 before the U.S. Court of Federal Claims. Requires that the Tribe's claim for reimbursement of expended funds be certified by the Tribe as being unreimbursed to it from other funding sources. Requires the Tribe to provide the Secretary with updated membership rolls for the Boise Forte Band, Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth Band of the Tribe. Directs the Secretary to set aside a specified amount of the judgment funds for distribution to each member enrolled with each Band and then divide the remaining funds into equal shares for each Band.

A bill to provide for the use and distribution of judgment funds awarded to the Minnesota Chippewa Tribe by the United States Court of Federal Claims in Docket Numbers 19 and 188, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Market Energy Act''. SEC. 2. DEFINITION OF DISTRIBUTED ENERGY RESOURCE. Section 3 of the Federal Power Act (16 U.S.C. 796) is amended by adding at the end the following: ``(30) Distributed energy resource.--The term `distributed energy resource' means a resource, technology, or service interconnected to the electricity distribution system that generates, manages, or reduces energy use.''. SEC. 3. GENERAL RIGHT TO NEUTRALITY OF INTERCONNECTION. The Public Utility Regulatory Policies Act of 1978 is amended by inserting after section 4 (16 U.S.C. 2603) the following: ``SEC. 5. GENERAL RIGHT TO NEUTRALITY OF INTERCONNECTION. ``(a) In General.--Distributed energy resources (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) shall have a general right of interconnection under this Act. ``(b) Rates and Fees.--States shall ensure that electric distribution grid operators adopt standards, conditions, and requirements for rates and fees for interconnection of distributed energy resources under this Act, that-- ``(1) are just and reasonable; ``(2) provide for the 2-way benefit for the distributed energy resource and the electricity grid; and ``(3) shall not be punitive. ``(c) Timeframes.-- ``(1) In general.--Timeframes for interconnection of distributed energy resources under this Act shall be well- defined, expeditious, and not unduly protracted. ``(2) Delays or denial.--An interconnection of distributed energy resources under this Act shall not be delayed or denied unless the electric utility demonstrates that the interconnection is unsafe or impracticable.''. SEC. 4. ENERGY AND RATE TREATMENTS FOR DISTRIBUTED ENERGY RESOURCES. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(20) Distributed energy resources.-- ``(A) In general.--If a State regulatory authority considers, through a rate proceeding or another mechanism (such as consideration of fixed or minimum charges), modifying the treatment of net energy metering customers, the State regulatory authority shall consider requiring that distributed energy resources (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) be eligible to receive just and reasonable energy and rate treatment using dynamic pricing, which may account for locational benefit, to be provided on an unbundled basis, after accounting for the 2-way valuation of dynamic rates, for services provided to or provided by the grid, including the considerations with respect to the use of dynamic pricing described in subparagraph (B). ``(B) Considerations.--The considerations for the use of dynamic pricing referred to in subparagraph (A) include-- ``(i)(I) pricing for energy sold to an electric utility; and ``(II) pricing for energy purchased from an electric utility; ``(ii) capacity; ``(iii) the provision of ancillary services; ``(iv) the societal value of distributed energy resources; ``(v) transmission and distribution losses; and ``(vi) any other benefits that the State regulatory authority considers to be appropriate.''. SEC. 5. CONSIDERATION OF NONTRANSMISSION ALTERNATIVES. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 4) is amended by adding at the end the following: ``(21) Nontransmission alternatives.-- ``(A) In general.--Each State regulatory authority or applicable Regional Transmission Organization or Independent System Operator shall consider nontransmission alternatives in instances in which an entity proposes transmission projects seeking cost-of- service rate recovery. ``(B) Cost.--To reduce the cost to the ratepayer of a potential transmission upgrade, a nontransmission alternative considered under subparagraph (A), the cost of the nontransmission alternative shall be recovered from the ratebase or regional recovery mechanism in the same manner as the transmission upgrade would have been.''. SEC. 6. PRIOR STATE ACTIONS. (a) In General.--Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following: ``(g) Prior State Actions.--Subsections (b) and (c) shall not apply to a standard established under paragraphs (20) and (21) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection-- ``(1) the State has implemented for the electric utility the standard (or a comparable standard); ``(2) the State regulatory authority for the State, or the relevant nonregulated electric utility, has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or ``(3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.''. (b) Cross-Reference.--Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by adding at the end the following: ``In the case of each standard established under paragraphs (20) and (21) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of those paragraphs.''. SEC. 7. EFFECT. Nothing in this Act (or an amendment made by this Act) shall apply to distributed energy resource contracts in effect on the date of enactment of this Act.

Free Market Energy Act This bill amends: (1) the Federal Power Act to define "distributed energy resource" as a resource, technology, or service interconnected to the electricity distribution system that generates, manages, or reduces energy use; and (2) the Public Utility Regulatory Policies Act of 1978 to provide that distributed energy resources shall have a general right of interconnection under such Act. States must ensure that electric distribution grid operators adopt requirements for interconnection rates and fees that are just and reasonable, that provide for the two-way benefit for the distributed energy resource and the electricity grid, and that are not punitive. Time frames for interconnection shall be well-defined, expeditious, and not unduly protracted. An interconnection may not be delayed or denied unless the electric utility demonstrates that the interconnection is unsafe or impracticable. A state regulatory authority that considers modifying the treatment of net energy metering customers must consider requiring that distributed energy resources be eligible to receive just and reasonable energy and rate treatment using dynamic pricing, which may account for locational benefit, to be provided on an unbundled basis, after accounting for the two-way valuation of dynamic rates, for services provided to or by the grid. Dynamic pricing considerations shall include: pricing for energy sold to, and pricing for energy purchased from, an electric utility, capacity, the provision of ancillary services, the societal value of distributed energy resources, and transmission and distribution losses. A state regulatory authority or applicable Regional Transmission Organization or Independent System Operator must consider nontransmission alternatives in instances in which an entity proposes transmission projects seeking cost-of-service rate recovery. To reduce the cost to the ratepayer of a potential transmission upgrade, the cost of the nontransmission alternative shall be recovered from the ratebase or regional recovery mechanism in the same manner as the transmission upgrade otherwise would have been.

Free Market Energy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Benefit Protection Act of 2005''. SEC. 2. PROTECTION OF SOCIAL SECURITY BENEFITS AGAINST DECREASE DUE TO PART D MEDICARE PREMIUM INCREASES. (a) Protection Against Decrease in Social Security Benefits.-- (1) Application to enrollees in prescription drug plans.-- Section 1860D-13(a)(1) of the Social Security Act (42 U.S.C. 1395ww-113(a)(1)) is amended-- (A) in subparagraph (F), by striking ``(D) and (E),'' and inserting ``(D), (E), and (F),''; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following new subparagraph: ``(F) Protection of social security benefits.--For any calendar year, if an individual is entitled to monthly benefits under section 202 or 223 or to a monthly annuity under section 3(a), 4(a), or 4(f) of the Railroad Retirement Act of 1974 for November and December of the preceding year and was enrolled under a PDP plan or MA-PD plan for such months, the base beneficiary premium otherwise applied under this paragraph for the individual for months in that year shall be decreased by the amount (if any) by which the sum of the amounts described in the following clauses (i) and (ii) exceeds the amount of the increase in such monthly benefits for that individual attributable to section 215(i): ``(i) Part d premium increase factor.-- ``(I) In general.--Except as provided in this clause, the amount of the increase (if any) in the adjusted national average monthly bid amount (as determined under subparagraph (B)(iii)) for a month in the year over such amount for a month in the preceding year. ``(II) No application to full premium subsidy individuals.--In the case of an individual enrolled for a premium subsidy under section 1860D- 14(a)(1), zero. ``(III) Special rule for partial premium subsidy individuals.--In the case of an individual enrolled for a premium subsidy under section 1860D- 14(a)(2), a percent of the increase described in subclause (I) equal to 100 percent minus the percent applied based on the linear scale under such section. ``(ii) Part b premium increase factor.--If the individual is enrolled for such months under part B-- ``(I) In general.--Except as provided in subclause (II), the amount of the annual increase in premium effective for such year resulting from the application of section 1839(a)(3), as reduced (if any) under section 1839(f). ``(II) No application to individuals participating in medicare savings program.--In the case of an individual who is enrolled for medical assistance under title XIX for medicare cost-sharing described in section 1905(p)(3)(A)(ii), zero.''. (2) Application under medicare advantage program.--Section 1854(b)(2)(B) of such Act (42 U.S.C. 1395w-24(b)(2)(B)), as in effect as of January 1, 2006, relating to MA monthly prescription drug beneficiary premium, is amended by inserting after ``as adjusted under section 1860D-13(a)(1)(B)'' the following: ``and section 1860D-13(a)(1)(F)''. (3) Payment from medicare prescription drug account.-- Section 1860D-16(b) of such Act (42 U.S.C. 1395w-116(b)) is amended-- (A) in paragraph (1)-- (i) by striking ``and'' at the end of subparagraph (C); (ii) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(E) payment under paragraph (5) of premium reductions effected under section 1860D-13(a)(1)(F).''; and (B) by adding at the end the following new paragraph: ``(5) Payment for social security benefit protection premium reductions.-- ``(A) In general.--In addition to payments provided under section 1860D-15 to a PDP sponsor or an MA organization, in the case of each part D eligible individual who is enrolled in a prescription drug plan offered by such sponsor or an MA-PD plan offered by such organization and who has a premium reduced under section 1860D-13(a)(1)(F), the Secretary shall provide for payment to such sponsor or organization of an amount equivalent to the amount of such premium reduction. ``(B) Application of provisions.--The provisions of subsections (d) and (f) of section 1860D-15 (relating to payment methods and disclosure of information) shall apply to payment under subparagraph (A) in the same manner as they apply to payments under such section.''. (b) Disregard of Premium Reductions in Determining Dedicated Revenues Under MMA Cost Containment.--Section 801(c)(3)(D) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended by adding at the end the following: ``Such premiums shall also be determined without regard to any reductions effected under section 1839(f) or 1860D-13(a)(1)(F) of such title.''. (c) Effective Dates.-- (1) Part d premium.--The amendments made by subsection (a) apply to premiums for months beginning with January 2007. (2) MMA provision.--The amendment made by subsection (b) shall take effect on the date of the enactment of this Act.

Social Security Benefit Protection Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to prohibit a decrease in Social Security benefits resulting from Medicare part D (Voluntary Prescription Drug Benefit Program) premium increases.

To amend title XVIII of the Social Security Act to prevent a decrease in Social Security benefits resulting from Medicare part D premiums increases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Price Relief Act of 2007''. SEC. 2. TEMPORARY SUSPENSION OF MOTOR FUEL TAXES. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Suspension of Taxes.-- ``(1) In general.--During the suspension period, each rate of tax referred to in paragraph (2) shall be zero. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) paragraphs (1), (2), and (3) of section 4041(a) (relating to retail taxes on diesel fuel, special motor fuels, and compressed natural gas), ``(B) section 4041(d) (relating to additional taxes to fund Leaking Underground Storage Tank Trust Fund), ``(C) section 4041(m) (relating to certain alcohol fuels), ``(D) clauses (i) and (iii) of subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), and ``(E) subsection (a)(2)(B) (relating to Leaking Underground Storage Tank Trust Fund tax). ``(3) Exceptions.--Paragraph (1) shall not apply to-- ``(A) any tax imposed by section 4041 on fuel sold for use or used in a train or motorboat, and ``(B) any tax imposed by section 4081 on gasoline or kerosene used for aviation. ``(4) Suspension period.--For purposes of this subsection, the term `suspension period' means the period beginning on the date of the enactment of this subsection and ending on the last day of the first period of 6 consecutive months beginning after such date that the national average price of unleaded regular gasoline is less than $3.00 per gallon (as determined under section 6 of the Gas Price Relief Act of 2007). ``(5) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to any trust fund, an amount equal to the reduction in revenues to the Treasury by reason of a reduction under this subsection in any rate shall be treated as taxes received in the Treasury under such rate.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. REPEAL OF EXPENSING FOR CERTAIN REFINERIES. (a) In General.--Section 179C of the Internal Revenue Code of 1986 (relating to election to expense certain refineries) is hereby repealed. (b) Technical Amendments.-- (1) Section 1245(a) of such Code is amended by striking ``179C,'' each place it appears. (2) Section 263(a)(1) of such Code is amended by adding ``or'' at the end of subparagraph (H), by striking ``, or'' at the end of subparagraph (I) and inserting a period, and by striking subparagraph (J). (3) Section 312(k)(3)(B) of such Code is amended by striking ``179B, or 179C'' each place it appears in the heading and the text and inserting ``, or 179B''. (4) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 179C. (c) Transfer of Equivalent Tax Liability to Highway Trust Fund.-- There are hereby appropriated to the Highway Trust Fund amounts equivalent to the aggregate net increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the repeal of section 179C of such Code by subsection (a). Such appropriated amounts shall be transferred from the general fund of the Treasury on the basis of estimates of such tax liabilities made by the Secretary of the Treasury. Transfers shall be made pursuant to a schedule made by the Secretary of the Treasury that takes into account estimated timing of collection of such liabilities. Proper adjustments shall be made in amounts transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 4. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the date of the enactment of this Act, a tax referred to in section 4081(f)(2) of the Internal Revenue Code of 1986 has been imposed on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the date of the enactment of this Act, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the date of the enactment of this Act-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after such date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section, the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer. (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 5. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such liquid under any section of the Internal Revenue Code of 1986 referred to in section 4081(f)(2) of such Code had the taxable event occurred on the floor stocks tax date over the tax paid under any such section on such liquid. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time of payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Taxable liquid.--The term ``taxable liquid'' means any liquid on which a tax referred to in section 4081(a)(2) of such Code is imposed on the floor stocks tax date. (3) Floor stock tax date.--The term ``floor stocks tax date'' means the first day after the suspension period (as defined in section 4081(f)(4) of such Code). (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by a section of the Code referred to in section 4081(a)(2) of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a) on any liquid held on the floor stocks tax date by any person if the aggregate amount of liquid held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this section-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Laws Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by chapter 31 or 32 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such chapter. SEC. 6. GASOLINE PRICE MONITORING. (a) Establishment of Monitoring Program.--The Federal Trade Commission shall carry out a program to monitor gasoline prices in the United States. (b) Monthly Determination of National Average Price of Unleaded Regular Gasoline.--In carrying out the program, the Commission shall determine for each month the national average price of unleaded regular gasoline at retail stations. (c) Reports.--Not later than the 15th day of each month beginning after the 180th day following the date of enactment of this Act, the Commission shall-- (1) transmit to Congress a report containing the results of monitoring conducted under the program in the preceding month, including the determination required under subsection (b); and (2) make a copy of the report available to the public in an electronic format on an Internet website maintained by the Commission. SEC. 7. COMMISSION ON GAS PRICE RELIEF. (a) Establishment.--Not later than three months after the date of enactment of this Act, the Speaker of the House of Representatives shall establish a Commission on Gas Price Relief. (b) Study and Report.--The Commission shall conduct a study of the causes of high oil prices and submit a report to the House of Representatives within 1 year after the date on which such Commission is established. The report shall include a determination of revenue raisers in addition to the repeal of section 179C of the Internal Revenue Code of 1986 (made by section 3 of this Act) that would help replenish the Treasury for the loss in revenue resulting from any suspension of the Federal excise taxes on motor fuels under section 4081(f) of the Internal Revenue Code of 1986 (as added by section 2 of this Act). (c) Membership.--The Commission shall be comprised of 9 Members, as follows: (1) The Chairman of the Committee on Ways and Means, ex officio. (2) The Chairman of the Committee on Energy and Commerce, ex officio. (3) One member, appointed by the Chairman of the Committee on Ways and Means, who shall not be from the same political party as the Chairman. (4) One member, appointed by the Chairman of the Committee on Energy and Commerce, who shall not be from the same political party as the Chairman. (5) Five members appointed by the Speaker, of whom at least two shall not be from the same political party as the Speaker. (d) Co-Chairs.--The Chairman of the Committee on Ways and Means and the Chairman of the Committee on Energy and Commerce shall serve as co- chairmen of the Commission.

Gas Price Relief Act of 2007 - Amends the Internal Revenue Code to suspend certain federal motor fuel excise taxes until the average price of unleaded regular gasoline is less than $3.00 per gallon for a period of six consecutive months (suspension period). Provides for adjustments to such excise taxes for floor stocks of motor fuels held by dealers prior to or after the suspension period. Repeals provisions allowing a taxpayer election to expense the cost of qualified refinery property. Transfers to the Highway Trust Fund increased tax revenues resulting from such repeal. Requires the Federal Trade Commission (FTC) to monitor gasoline prices in the United States and to report to Congress on its findings. Requires the Speaker of the House of Representatives to establish a Commission on Gas Price Relief to study the causes of high oil prices.

To amend the Internal Revenue Code of 1986 to suspend the Federal motor fuel excise taxes until the average price of unleaded gasoline is below $3 per gallon for at least 6 months.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Quality Index Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) cohort default rates alone do not indicate the quality of an educational institution; (2) for the purpose of evaluating performance of an institution of higher education, the population which that institution serves should be taken into account; (3) schools whose students are from less affluent backgrounds have more difficulty with cohort default rate standards; (4) use of the cohort default rates as a determinant for participation in Federal student loan programs has kept technical and vocational school operators from opening schools in impoverished areas; (5) many individuals living in impoverished areas have been effectively denied an opportunity to access technical and vocational higher education; and (6) the performance of a technical or vocational institution of higher education can be measured by objective data concerning the outcome from the perspective of the student. SEC. 3. USE OF EDUCATIONAL QUALITY IN INSTITUTIONAL ELIGIBILITY FOR GUARANTEED STUDENT LOAN PROGRAM. Section 435(a) of the Higher Education Act of 1965 (20 U.S.C. 1085(a)) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (4)''; (2) in paragraph (2), by striking ``An institution'' and inserting ``Except as provided in paragraph (4), an institution''; (3) by adding at the end the following new paragraph: ``(4) Ineligibility based on educational quality index.-- ``(A) Use of index in place of cohort default rate.--A proprietary institution of higher education (as such term is defined in section 481(b)) shall not be subject to ineligibility determinations under paragraph (2), but shall be subject to such determinations on the basis of the educational quality index prescribed under this paragraph. ``(B) Prescription of index.--The Secretary of Education shall by regulation prescribe an educational quality index for the purpose of evaluating the programs of proprietary institutions of higher education. Such index shall be equal to the sum of the following component indexes: ``(i) A placement rate index which shall be based on the percentage of students who are employed in the field for which the institution has trained them. ``(ii) A Pell grant eligibility index equal to (I) the percentage of enrolled students who are eligible for Pell grants, minus (II) the national average percentage of students who are so eligible at all institutions of higher education, divided by (III) four. ``(iii) An index based on the institution's cohort default rate (as determined under subsection (m)). ``(iv) A successful completion index which shall be based on graduation rates (as determined for purposes of section 484(a)(1)(C)), or on certification or licensure rates (if available). ``(C) Contents of regulations.--The regulations prescribed by the Secretary under subparagraph (B) shall-- ``(i) define the minimum aggregate score that an proprietary institution of higher education must achieve, as a sum of the 4 indexes established under clauses (i), (ii), and (iii) of such subparagraph, in order for the institution to remain eligible to participate in the programs under this part; ``(ii) provide that the weights to be attributed to such 4 indexes for purposes of aggregating such score shall require that, of the maximum possible aggregate score-- ``(I) 37.5 percent shall be attributed to the index described in subparagraph (B)(i); ``(II) 25 percent shall be attributed to subparagraph (B)(ii); ``(III) 25 percent shall be attributed to subparagraph (B)(iii); and ``(IV) 12.5 percent shall be attributed to subparagraph (B)(iv); and ``(iii) establish the procedures for the determination of scores for individual institutions, and for the resolution of disputes concerning such scores.''. SEC. 4. USE OF EDUCATIONAL QUALITY INDEX IN PROGRAM INTEGRITY REVIEWS. (a) State Review Entity Criteria.--Section 494C(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1099a-3(a)(1)) is amended by inserting before the period the following: ``or, in the case of a proprietary institution of higher education, an educational quality index score that does not equal or exceed the minimum established by the Secretary under section 435(a)(4)(B)(i)''. (b) Program Review.--Section 498A(a)(2)(A) of such Act (20 U.S.C. 1099c-1(a)(2)(A)) is amended by inserting before the semicolon the following: ``or, in the case of a proprietary institution of higher education, an educational quality index score that does not equal or exceed the minimum established by the Secretary under section 435(a)(4)(B)(i)''.

Educational Quality Index Act of 1994 - Amends the Higher Education Act of 1965 to substitute evaluations of educational quality for cohort default rates in eligibility determinations for proprietary institutions of higher education under the Federal student loan insurance program of the Federal Family Education Loan Program (guaranteed student loans). Revises program integrity reviews provisions to include such educational quality index for proprietary institutions.

Educational Quality Index Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Care Quality Act''. TITLE I--ADVANCING NEW QUALITY AND PERFORMANCE MEASURES FOR CHILDREN'S HEALTH CARE SEC. 101. PEDIATRIC QUALITY AND PERFORMANCE MEASURES PROGRAM. Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by adding at the end the following: ``pediatric quality and performance measures program ``Sec. 1942. (a) Establishment.--The Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services and in consultation with the Director of the Agency for Healthcare Research and Quality, shall establish a program to encourage and support the development of new and emerging quality and performance measures for providers of pediatric care and the incorporation of such measures into systemic approaches to improve care and outcomes for children through the activities described in subsection (c). In establishing the program, gaps in existing evidence-based measures and priority areas for advancement shall be identified. ``(b) Purpose.--The purpose of the program is to ensure that-- ``(1) evidence-based pediatric quality and performance measures are developed; ``(2) such measures are available for States, other purchasers of pediatric health care services, health care providers, and consumers to use; and ``(3) technical assistance is provided to assist with the implementation of such measures. ``(c) Program Activities.-- ``(1) Identifying quality and performance measures for providers of pediatric services and opportunities for new measures.--Not later than 3 months after the date of enactment of this section, the Secretary shall identify quality and performance measures for providers of pediatric services and opportunities for the development of new measures, taking into consideration existing evidence-based measures. In conducting this review, the Secretary shall convene and consult with representatives of-- ``(A) States; ``(B) pediatric hospitals, pediatricians, and other pediatric health professionals; ``(C) national organizations representing-- ``(i) consumers of children's health care; and ``(ii) purchasers of children's health care; ``(D) experts in pediatric quality and performance measurement; and ``(E) a voluntary consensus standards setting organization and other organizations involved in the advancement of consensus on evidence-based measures of health care. ``(2) Developing, validating, and testing new measures.-- The Secretary shall award grants or contracts to eligible entities (as defined in subsection (d)(1)) for the development, validation, and testing of new and emerging quality and performance measures for providers of pediatric services. Such measures shall-- ``(A) provide consumers and purchasers (including States and beneficiaries under the program under this title and title XXI) with information about provider performance and quality; and ``(B) assist health care providers in improving the quality of the services they provide and their performance with respect to the provision of such services. ``(3) Achieving consensus on evidence-based measures.--The Secretary shall award grants or contracts to eligible consensus entities (as defined in subsection (d)(2)) for the development of consensus on evidence-based measures for pediatric care that have broad acceptability in the health care industry. ``(d) Eligible Entities.-- ``(1) Development, validation, and testing.--For purposes of paragraph (2) of subsection (c), the term `eligible entity' means-- ``(A) organizations with demonstrated expertise and capacity in the development and evaluation of pediatric quality and performance measures; ``(B) an organization or association of health care providers with demonstrated experience in working with accrediting organizations in developing pediatric quality and performance measures; and ``(C) a collaboration of national pediatric organizations working to improve pediatric quality and performance in the delivery of children's health care. ``(2) Achievement of consensus.--For purposes of paragraph (3) of such subsection, the term `eligible consensus entity' means an organization, including a voluntary consensus standards setting organization, involved in the advancement of consensus on evidence-based measures of health care. ``(e) Ongoing Authority To Update and Adjust Pediatric Measures.-- The Secretary may update and adjust measures developed and advanced under the program under this section in accordance with-- ``(1) any changes that a voluntary consensus standards setting organization determines should be made with respect to such measures; or ``(2) new evidence indicating the need for changes with respect to such measures. ``(f) Addition of Pediatric Consumer Assessment Measures to CAHPS Hospital Survey Conducted by AHRQ.--The Director of the Agency for Healthcare Research and Quality shall ensure that consumer assessment measures for hospital services for children are added to the Consumer Assessment of Healthcare Providers and Systems (CAHPS) Hospital survey conducted by such Agency. ``(g) Appropriation.--There are authorized to be appropriated and there are appropriated, for the purpose of carrying out this section, $10,000,000, for each of fiscal years 2009 through 2013, to remain available until expended.''. TITLE II--STATE TRANSFORMATION GRANTS FOR PEDIATRIC CARE SEC. 201. GRANTS TO STATES FOR DEMONSTRATION PROJECTS TRANSFORMING DELIVERY OF PEDIATRIC CARE. Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), as amended by section 101, is amended by adding at the end the following: ``grants to state for demonstration projects transforming delivery of pediatric care ``Sec. 1943. (a) Establishment.--The Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall establish demonstration projects, including demonstration projects in multiple States in each of the 4 categories described in subsection (d), to award grants to States to improve the delivery of health care services provided to children under this title and title XXI. ``(b) Duration.--The demonstration projects shall be conducted for a period of 4 years. ``(c) Eligibility.--A State shall not be eligible to receive a grant under this section unless the State has demonstrated experience or commitment to the concept of transformation in the delivery of pediatric care. ``(d) Categories of Projects.--The following categories of projects are described in this subsection: ``(1) Health information technology systems.--Projects for developing health information technology systems, including technology acquisition, electronic health record development, data standards development, and software development, for pediatric hospital and physician services and other community- based services; implementing model systems; and evaluating their impact on the quality, safety, and costs of care. ``(2) Disease management.--Projects for providing provider- based care management for children with chronic conditions (including physical, developmental, behavioral, and psychological conditions), demonstrating the effectiveness of provider-based management models in promoting better care, reducing adverse health outcomes, and preventing avoidable hospitalizations. ``(3) Evidence-based quality improvements.--Projects for implementing evidence-based approaches to improving efficiency, safety, and effectiveness in the delivery of hospital care for children across hospital services, evaluating the translation of successful models of such evidence-based approaches to other institutions, and the impact of such changes on the quality, safety, and costs of care. ``(4) Quality and performance measures for providers of children's health care services.--Projects to pilot test evidence-based pediatric quality and performance measures for inpatient hospital services, physician services, or services of other health professionals, determining the reliability, feasibility, and validity of such measures, and evaluating their potential impact on improving the quality and delivery of children's health care. To the extent feasible, such measures shall have been approved by consensus standards setting organizations. ``(e) Uniform Metrics.--The Secretary shall establish uniform metrics (adjusted, as appropriate, for patient acuity), collect data, and conduct evaluations with respect to each demonstration project category described in subsection (d). In establishing such metrics, collecting such data, and conducting such evaluations, the Secretary shall consult with-- ``(1) experts in each such demonstration project category; ``(2) participating States; ``(3) national pediatric provider organizations; ``(4) health care consumers; and ``(5) such other entities or individuals with relevant expertise as the Secretary determines appropriate. ``(f) Evaluation and Report.--The Secretary shall evaluate the demonstration projects conducted under this section and submit a report to Congress not later than 3 months before the completion of each demonstration project that includes the findings of the evaluation and recommendations with respect to-- ``(1) expansion of the demonstration project to additional States and sites; and ``(2) the broader implementation of approaches identified as being successful in advancing quality and performance in the delivery of medical assistance provided to children under this title and title XXI. ``(g) Waiver.--The Secretary may waive the requirements of this title and title XXI to the extent necessary to carry out the demonstration projects under this section. ``(h) Amounts Paid to a State.--Amounts paid to a State under this section-- ``(1) shall be in addition to Federal payments made to the State under section 1903(a); ``(2) shall not be used for the State share of any expenditures claimed for payment under such section; and ``(3) shall be used only for expenditures of the State for participating in the demonstration projects, or for expenditures of providers in participating in the demonstration projects, including-- ``(A) administrative costs of States and participating providers (such as costs associated with the design and evaluation of, and data collection under, the demonstration projects); and ``(B) such other expenditures that are not otherwise eligible for reimbursement under this title or title XXI as the Secretary may determine appropriate. ``(i) Appropriation.--There are authorized to be appropriated and there are appropriated, for the purpose of carrying out this section, to remain available until expended $10,000,000 for each of fiscal years 2009 through 2013.''. SEC. 202. REPORT BY THE COMPTROLLER GENERAL ON DESIGN AND IMPLEMENTATION OF A DEMONSTRATION PROJECT EVALUATING EXISTING QUALITY AND PERFORMANCE MEASURES FOR CHILDREN'S INPATIENT HOSPITAL SERVICES. (a) In General.--Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall submit a report to Congress containing recommendations for the design and implementation of a demonstration project to evaluate the suitability of existing quality and performance measures for children's inpatient hospital services for public reporting, differentiating quality, identifying best practices, and providing a basis for payment rewards. (b) Development of Recommendations.--In developing the recommendations submitted under subsection (a), the Comptroller General shall accomplish the following: (1) Consider which agency within the Department of Health and Human Services should have primary responsibility and oversight for such a demonstration project. (2) Determine a sufficient number of participating hospitals and volume of children's cases, given existing measures that might be chosen for evaluation under such a demonstration project. (3) Determine the number of States and variety of geographic locations that may be required to conduct such a demonstration project. (4) Describe alternatives for administering and directing funding for such a demonstration project, taking into consideration the potential involvement of multiple States, State plans under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), and State child health plans under title XXI of such Act (42 U.S.C. 1397aa et seq.). Such description shall be included in the recommendations submitted under subsection (a). (5) Determine requirements for consistency in measures, metrics, and risk adjustment for such a demonstration project, across hospitals and across State lines. (6) Consider the infrastructure requirements involved in public reporting of quality and performance measures for children's inpatient hospital services at the national and State levels, including the requirements involved with respect to maintaining such measures and data. (7) Estimate the cost of undertaking such a demonstration project. (c) Suggestion of Existing Measures for Evaluation Under the Demonstration Project.-- (1) In general.--The report submitted under subsection (a) shall include suggestions for existing measures to be evaluated under the demonstration project recommended in such report, including, to the extent feasible, measures with respect to-- (A) high volume pediatric inpatient conditions; (B) high cost pediatric inpatient services; (C) pediatric conditions with predicted high morbidities; and (D) pediatric cases at high risk of patient safety failures. (2) Suggested measures.--The measures suggested under paragraph (1) shall be measures representing process, structure, patient outcomes, or patient and family experience-- (A) that are evidence-based; (B) that are feasible to collect and report; (C) that include a mechanism for risk adjustment when necessary; and (D) for which there is a consensus within the pediatric hospital community or a consensus determined by a voluntary consensus standards setting organization involved in the advancement of evidence-based measures of health care. (3) Consultation.--In determining the existing measures suggested under paragraph (1), the Comptroller General shall consult with representatives of the following: (A) National associations of pediatric hospitals and pediatric health professionals. (B) Experts in pediatric quality and performance measurement. (C) Voluntary consensus standards setting organizations and other organizations involved in the advancement of consensus on evidence-based measures. (D) The Department of Health and Human Services, States, and other purchasers of health care items and services.

Children's Health Care Quality Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to establish a program to: (1) identify quality and performance measures for pediatric service providers; and (2) award grants or contracts for the development, validation, and testing of new and emerging measures. Directs the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, to establish demonstration projects to award grants to states to improve the delivery of health care services to children under Medicaid and SSA title XXI (State Children's Health Insurance Program) (SCHIP). Requires demonstration projects in the categories of: (1) health information technology systems; (2) disease management for children with chronic conditions; (3) evidence-based quality improvement; and (4) quality and performance measures for providers of children's health care services. Requires the Comptroller General to make recommendations to Congress for the design and implementation of a demonstration project to evaluate the suitability of existing quality and performance measures for children's inpatient hospital services for public reporting, differentiating quality, identifying best practices, and providing a basis for payment rewards.

A bill to amend title XIX of the Social Security Act to establish programs to improve the quality, performance, and delivery of pediatric care.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dietary Supplement Labeling Act of 2011''. SEC. 2. REGULATION OF DIETARY SUPPLEMENTS. (a) Registration.-- (1) In general.--Section 415(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d(a)) is amended by adding at the end the following: ``(6) Requirements with respect to dietary supplements.-- ``(A) In general.--A facility engaged in manufacturing dietary supplements that is required to register under this section shall comply with the requirements of this paragraph, in addition to the other requirements of this section. ``(B) Additional information.--A facility described in subparagraph (A) shall submit a registration under paragraph (1) that includes, in addition to the information required under paragraph (2)-- ``(i) a description of each dietary supplement product manufactured by such facility; ``(ii) a list of all ingredients in each such dietary supplement product; and ``(iii) a copy of the label and labeling for each such product. ``(C) Registration with respect to new, reformulated, and discontinued dietary supplement products.-- ``(i) In general.--Not later than the date described in clause (ii), if a facility described in subparagraph (A)-- ``(I) manufactures a dietary supplement product that the facility previously did not manufacture and for which the facility did not submit the information required under clauses (i) through (iii) of subparagraph (B); ``(II) reformulates a dietary supplement product for which the facility previously submitted the information required under clauses (i) through (iii) of subparagraph (B); or ``(III) no longer manufactures a dietary supplement for which the facility previously submitted the information required under clauses (i) through (iii) of subparagraph (B), such facility shall submit to the Secretary an updated registration describing the change described in subclause (I), (II), or (III) and, in the case of a facility described in subclause (I) or (II), containing the information required under clauses (i) through (iii) of subparagraph (B). ``(ii) Date described.--The date described in this clause is-- ``(I) in the case of a facility described in subclause (I) of clause (i), 30 days after the date on which such facility first markets the dietary supplement product described in such subclause; ``(II) in the case of a facility described in subclause (II) of clause (i), 30 days after the date on which such facility first markets the reformulated dietary supplement product described in such subclause; or ``(III) in the case of a facility described in subclause (III) of clause (i), 30 days after the date on which such facility removes the dietary supplement product described in such subclause from the market.''. (2) Enforcement.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is a dietary supplement for which a facility is required to submit the registration information required under section 415(a)(6) and such facility has not complied with the requirements of such section 415(a)(6) with respect to such dietary supplement.''. (b) Labeling.-- (1) Establishment of labeling requirements.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by inserting after section 411 the following: ``SEC. 411A. DIETARY SUPPLEMENTS. ``(a) Dietary Supplement Ingredients.--Not later than 1 year after the date of enactment of the Dietary Supplement Labeling Act of 2011, the Secretary shall compile a list of dietary supplement ingredients and proprietary blends of ingredients that the Secretary determines could cause potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women. ``(b) IOM Study.--The Secretary shall seek to enter into a contract with the Institute of Medicine under which the Institute of Medicine shall evaluate dietary supplement ingredients and proprietary blends of ingredients, including those on the list compiled by the Secretary under subsection (a), and scientific literature on dietary supplement ingredients and, not later than 18 months after the date of enactment of the Dietary Supplement Labeling Act of 2011, submit to the Secretary a report evaluating the safety of dietary supplement ingredients and proprietary blends of ingredients the Institute of Medicine determines could cause potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women. ``(c) Establishment of Requirements.--Not later than 2 years after the date on which the Institute of Medicine issues the report under subsection (b), the Secretary, after providing for public notice and comment and taking into consideration such report, shall-- ``(1) establish mandatory warning label requirements for dietary supplement ingredients that the Secretary determines to cause potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups; and ``(2) identify proprietary blends of ingredients for which, because of potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women, the weight per serving of the ingredient in the proprietary blend shall be provided on the label. ``(d) Updates.--As appropriate, the Secretary, after providing for public notice and comment, shall update-- ``(1) the list compiled under subsection (a); ``(2) the mandatory warning label requirements established under paragraph (1) of subsection (c); and ``(3) the requirements under paragraph (2) of subsection (c).''. (2) Enforcement.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended-- (A) in subsection (q)(5)(F)(ii), by inserting ``, and for each proprietary blend identified by the Secretary under section 411A(c)(1)(B), the weight of such proprietary blend,'' after ``ingredients)''; and (B) in subsection (s)(2)-- (i) in subparagraph (A)(ii)(II), by inserting ``, and for each proprietary blend identified by the Secretary under section 411A(c)(1)(B), the weight of each such proprietary blend per serving'' before the semicolon at the end; (ii) in subparagraph (D)(iii), by striking ``or'' at the end; (iii) in subparagraph (E)(ii)(II), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: ``(F) the label or labeling does not include information with respect to potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women, as required under section 411A(c); or ``(G) the label does not include the batch number.''. (c) Conventional Foods.--The Secretary of Health and Human Services, not later than 1 year after the date of enactment of this Act and after providing for public notice and comment, shall establish a definition for the term ``conventional food'' for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). Such definition shall take into account conventional foods marketed as dietary supplements, including products marketed as dietary supplements that simulate conventional foods.

Dietary Supplement Labeling Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to expand the registration requirements for a dietary supplement manufacturing facility to: (1) require the submission of a description, ingredient list, and label and labeling for each dietary supplement product manufactured; and (2) require a manufacturer to update its registration for new, reformulated, or discontinued products within 30 days. Requires the Secretary of Health and Human Services (HHS) to compile a list of dietary supplement ingredients and proprietary blends of ingredients that the Secretary determines could cause potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women. Directs the Secretary to enter into a contract with the Institute of Medicine to: (1) evaluate the safety of dietary supplement ingredients and proprietary blends of ingredients that the Institute determines could cause potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups; and (2) identify proprietary blends of ingredients for which the weight per serving of the ingredient in the proprietary blend should be provided on the label. Deems a dietary supplement that does not meet the requirements of this Act to be misbranded. Requires the Secretary to establish a definition for the term “conventional food” for purposes of the FFDCA, taking in account foods marketed as dietary supplements.

A bill to improve the safety of dietary supplements by amending the Federal Food, Drug, and Cosmetic Act to require manufacturers of dietary supplements to register dietary supplement products with the Food and Drug Administration and to amend labeling requirements with respect to dietary supplements.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Clean Safe Reliable Water Infrastructure Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--DRINKING WATER INFRASTRUCTURE Sec. 101. Sense of Congress on appropriations levels. Sec. 102. Other authorized activities. Sec. 103. Negotiation of contracts. Sec. 104. WaterSense program. TITLE II--WASTEWATER INFRASTRUCTURE Sec. 201. Sewer overflow control grants. TITLE I--DRINKING WATER INFRASTRUCTURE SEC. 101. SENSE OF CONGRESS ON APPROPRIATIONS LEVELS. It is the sense of Congress that Congress should provide robust funding of capitalization grants to States to fund those States' drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) and the State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.). SEC. 102. OTHER AUTHORIZED ACTIVITIES. Section 1452(k) of the Safe Drinking Water Act (42 U.S.C. 300j- 12(k)) is amended-- (1) in paragraph (1)(D), by inserting ``and the implementation of plans to protect source water identified in a source water assessment under section 1453'' before the period at the end; and (2) in paragraph (2)(E), by inserting ``and implement plans to protect source water identified in a source water assessment under section 1453'' after ``wellhead protection programs''. SEC. 103. NEGOTIATION OF CONTRACTS. Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is amended by adding at the end the following: ``(s) Negotiation of Contracts.--For communities with populations of more than 10,000 individuals, a contract to be carried out using funds directly made available by a capitalization grant under this section for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural or related services shall be negotiated in the same manner as-- ``(1) a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code; or ``(2) an equivalent State qualifications-based requirement (as determined by the Governor of the State).''. SEC. 104. WATERSENSE PROGRAM. The Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding after part F the following: ``PART G--ADDITIONAL PROVISIONS ``SEC. 1471. WATERSENSE PROGRAM. ``(a) Establishment of WaterSense Program.-- ``(1) In general.--There is established within the Agency a voluntary WaterSense program to identify and promote water- efficient products, buildings, landscapes, facilities, processes, and services that, through voluntary labeling of, or other forms of communications regarding, products, buildings, landscapes, facilities, processes, and services while meeting strict performance criteria, sensibly-- ``(A) reduce water use; ``(B) reduce the strain on public and community water systems and wastewater and stormwater infrastructure; ``(C) conserve energy used to pump, heat, transport, and treat water; and ``(D) preserve water resources for future generations. ``(2) Inclusions.--The Administrator shall, consistent with this section, identify water-efficient products, buildings, landscapes, facilities, processes, and services, including categories such as-- ``(A) irrigation technologies and services; ``(B) point-of-use water treatment devices; ``(C) plumbing products; ``(D) reuse and recycling technologies; ``(E) landscaping and gardening products, including moisture control or water enhancing technologies; ``(F) xeriscaping and other landscape conversions that reduce water use; ``(G) whole house humidifiers; and ``(H) water-efficient buildings or facilities. ``(b) Duties.--The Administrator, coordinating as appropriate with the Secretary of Energy, shall-- ``(1) establish-- ``(A) a WaterSense label to be used for items meeting the certification criteria established in accordance with this section; and ``(B) the procedure, including the methods and means, and criteria by which an item may be certified to display the WaterSense label; ``(2) enhance public awareness regarding the WaterSense label through outreach, education, and other means; ``(3) preserve the integrity of the WaterSense label by-- ``(A) establishing and maintaining feasible performance criteria so that products, buildings, landscapes, facilities, processes, and services labeled with the WaterSense label perform as well or better than less water-efficient counterparts; ``(B) overseeing WaterSense certifications made by third parties, which shall be independent third-party product certification bodies accredited by an accreditation entity domiciled in the United States, such as the American National Standards Institute, as achieving-- ``(i) the requirements described in the document of the International Organization for Standardization and the International Electrotechnical Commission entitled `ISO/IEC 17065 Conformity assessment--Requirements for bodies certifying products, processes and services' and dated September 2012; and ``(ii) the applicable WaterSense requirements; ``(C) as determined appropriate by the Administrator, using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the purpose of determining standards compliance; and ``(D) auditing the use of the WaterSense label in the marketplace and preventing cases of misuse; ``(4) not more than 6 years after adoption or major revision of any WaterSense specification, review and, if appropriate, revise the specification to achieve additional water savings; ``(5) in revising a WaterSense specification-- ``(A) provide reasonable notice to interested parties and the public of any changes, including effective dates, and an explanation of the changes; ``(B) solicit comments from interested parties and the public prior to any changes; ``(C) as appropriate, respond to comments submitted by interested parties and the public; and ``(D) provide an appropriate transition time prior to the applicable effective date of any changes, taking into account the timing necessary for the manufacture, marketing, training, and distribution of the specific water-efficient product, building, landscape, process, or service category being addressed; and ``(6) not later than December 31, 2018, consider for review and revision any WaterSense specification adopted before January 1, 2012. ``(c) Transparency.--The Administrator shall, to the maximum extent practicable and not less than annually, regularly estimate and make available to the public the production and relative market shares and savings of water, energy, and capital costs of water, wastewater, and stormwater attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services. ``(d) Distinction of Authorities.--In setting or maintaining specifications for Energy Star pursuant to section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), and WaterSense under this section, the Secretary of Energy and the Administrator shall coordinate to prevent duplicative or conflicting requirements among the respective programs. ``(e) No Warranty.--A WaterSense label shall not create an express or implied warranty.''. TITLE II--WASTEWATER INFRASTRUCTURE SEC. 201. SEWER OVERFLOW CONTROL GRANTS. Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) is amended-- (1) in subsection (a), by striking the subsection designation and heading and all that follows through ``subject to subsection (g), the Administrator may'' in paragraph (2) and inserting the following: ``(a) Authority.--The Administrator may-- ``(1) make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, designing, and constructing-- ``(A) treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows; and ``(B) measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water; and ``(2) subject to subsection (g),''; (2) in subsection (b)-- (A) in paragraph (1), by striking the semicolon at the end and inserting ``; or''; (B) by striking paragraphs (2) and (3); and (C) by redesignating paragraph (4) as paragraph (2); (3) by striking subsections (e) through (g) and inserting the following: ``(e) Administrative Requirements.-- ``(1) In general.--Subject to paragraph (2), a project that receives grant assistance under subsection (a) shall be carried out subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund established pursuant to title VI. ``(2) Determination of governor.--The requirement described in paragraph (1) shall not apply to a project that receives grant assistance under subsection (a) to the extent that the Governor of the State in which the project is located determines that a requirement described in title VI is inconsistent with the purposes of this section. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, to remain available until expended-- ``(1) $250,000,000 for fiscal year 2017; ``(2) $300,000,000 for fiscal year 2018; ``(3) $350,000,000 for fiscal year 2019; ``(4) $400,000,000 for fiscal year 2020; and ``(5) $500,000,000 for fiscal year 2021. ``(g) Allocation of Funds.-- ``(1) Fiscal year 2017 and 2018.--For each of fiscal years 2017 and 2018, subject to subsection (h), the Administrator shall use the amounts made available to carry out this section to provide grants to municipalities and municipal entities under subsection (a)(2)-- ``(A) in accordance with the priority criteria described in subsection (b); and ``(B) with additional priority given to proposed projects that involve the use of-- ``(i) nonstructural, low-impact development; ``(ii) water conservation, efficiency, or reuse; or ``(iii) other decentralized stormwater or wastewater approaches to minimize flows into the sewer systems. ``(2) Fiscal year 2019 and thereafter.--For fiscal year 2019 and each fiscal year thereafter, subject to subsection (h), the Administrator shall use the amounts made available to carry out this section to provide grants to States under subsection (a)(1) in accordance with a formula that-- ``(A) shall be established by the Administrator, after providing notice and an opportunity for public comment; and ``(B) allocates to each State a proportional share of the amounts based on the total needs of the State for municipal combined sewer overflow controls and sanitary sewer overflow controls, as identified in the most recent survey-- ``(i) conducted under section 210; and ``(ii) included in a report required under section 516(b)(1).''; and (4) by striking subsection (i).

Clean Safe Reliable Water Infrastructure Act This bill urges Congress to provide robust funding of capitalization grants to states for state drinking water revolving funds and state clean water revolving funds. The bill amends the Safe Drinking Water Act to: (1) make the implementation of source water protection plans an eligible use of assistance from a drinking water state revolving fund; and (2) apply requirements concerning the selection of architects and engineers to contracts funded by state revolving funds, if the assistance is for a community with a population of more than 10,000. The bill provides statutory authority for the Environmental Protection Agency's WaterSense Program that allows water-efficient products, buildings, landscapes, facilities, processes, and services to bear a "WaterSense" label. The bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to revise and reauthorize through FY2021 the grant program for addressing combined sewer overflows, sanitary sewer overflows, and stormwater discharges.

Clean Safe Reliable Water Infrastructure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Colleges and Universities Head Start Partnership Act''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds the following: (1) The Head Start Act requires that 50 percent or more of teachers nationwide in center-based Head Start programs must have at least an associate degree in early childhood education, or a field related to early childhood education, by 2003. (2) A goal of the Head Start Act is to ensure that all Head Start programs nationwide will provide accredited continuing education for Head Start staff that provides college or university credit for such staff. However, Indian Head Start programs are generally located in areas isolated from mainstream colleges or universities where such credit can be earned. (3) The vast majority of the Nation's 34 Tribal Colleges and Universities have early childhood education programs and, of these, 32 are accredited, or designated candidates for accreditation, by national accrediting associations. (4) Tribal Colleges and Universities were created by Indians for Indians primarily on rural and remote Indian reservations, which were virtually excluded from the Nation's system of higher education. (5) Tribal Colleges and Universities are engaged community institutions, offering higher education and continuing education opportunities to individuals who otherwise might find attaining such education impossible due to family responsibilities, and financial and geographic barriers. (6) Tribal Colleges and Universities have been more successful than any other institutions of higher education in educating Indians and helping to retain Indians in high-need fields such as nursing and teaching. According to a 2000 survey, over 80 percent of Tribal College and University graduates go on to further higher education or become employed in the local community. (7) Through partnerships developed between Tribal Colleges and Universities and Head Start programs nationwide-- (A) Indian Head Start agency personnel can gain greater access to accredited college and university programs in their career field; (B) the knowledge, skills, and aptitude of those working at Indian Head Start agencies will be increased, thus enabling them to provide high quality and comprehensive services to Indian children and their families; and (C) the health, early childhood development, and school readiness of Indian children will be improved as a result of increased staff knowledge, skills, and aptitude. (b) Purposes.--The purposes of this Act are to-- (1) promote social competencies and school readiness in Indian children; and (2) provide high quality, accredited educational opportunities to Indian Head Start agency staff so that they can better deliver services that enhance the social and cognitive development of low-income children through the provision of health, educational, nutritional, social, and other services to low-income children and their families. SEC. 3. TRIBAL COLLEGE OR UNIVERSITY-HEAD START PARTNERSHIP PROGRAM. The Head Start Act (42 U.S.C. 9831 et seq.) is amended by inserting after section 648A the following: ``SEC. 648B. TRIBAL COLLEGE OR UNIVERSITY-HEAD START PARTNERSHIP PROGRAM. ``(a) Tribal College or University-Head Start Partnership Program.-- ``(1) Grants.--The Secretary is authorized to award grants, of not less than 5 years duration, to Tribal Colleges and Universities to-- ``(A) implement education programs that include tribal culture and language and increase the number of associate, baccalaureate, and graduate degrees in early childhood education and related fields that are earned by Indian Head Start agency staff members, parents of children served by such an agency, and members of the tribal community involved; ``(B) develop and implement the programs under subparagraph (A) in technology-mediated formats; and ``(C) provide technology literacy programs for Indian Head Start agency staff members and children and families of children served by such an agency. ``(2) Staffing.--The Secretary shall ensure that the American Indian Programs Branch of the Head Start Bureau of the Department of Health and Human Services shall have staffing sufficient to administer the programs under this section and to provide appropriate technical assistance to Tribal Colleges and Universities receiving grants under this section. ``(b) Application.--Each Tribal College or University desiring a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require, including a certification that the Tribal College or University has established a partnership with 1 or more Indian Head Start agencies for the purpose of conducting the activities described in subsection (a). ``(c) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). ``(2) Tribal college or university.--The term `Tribal College or University' means an institution-- ``(A) defined by such term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)); and ``(B) determined to be accredited or a candidate for accreditation by a nationally recognized accrediting agency or association. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $10,000,000 for fiscal year 2004 and such sums as may be necessary for each of fiscal years 2005 through 2008.''.

Tribal Colleges and Universities Head Start Partnership Act - Amends the Head Start Act to authorize the Secretary of Education to award grants of at least five years duration to Tribal Colleges and Universities to: (1) implement education programs that include tribal culture and language and increase the number of associate, baccalaureate, and graduate degrees in early childhood education and related fields that are earned by Indian Head Start agency staff members, parents of children served by such an agency, and members of the tribal community involved; (2) develop and implement such programs in technology-mediated formats; and (3) provide technology literacy programs for Indian Head Start agency staff members and children and families of children served by such an agency.

A bill to amend the Head Start Act to provide grants to Tribal Colleges and Universities to increase the number of post-secondary degrees in early childhood education and related fields earned by Indian Head Start agency staff members, parents of children served by such an agency, and members of the community involved.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Rio Grande National Heritage Area Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) northern New Mexico encompasses a mosaic of cultures and history, including several Indian tribes and the descendants of Spanish ancestors who settled in the area in 1598; (2) the combination of cultures, languages, folk arts, customs, and architecture make northern New Mexico unique; (3) the area includes spectacular natural, scenic, and recreational resources; (4) there is broad support from local governments and interested individuals to establish a National Heritage Area to coordinate and assist in the preservation and interpretation of these resources; (5) in 1991, the National Park Service study Alternative Concepts for Commemorating Spanish Colonization identified several alternatives consistent with the establishment of a National Heritage Area, including conducting a comprehensive archaeological and historical research program, coordinating a comprehensive interpretation program, and interpreting a cultural heritage scene; and (6) establishment of a National Heritage Area in northern New Mexico would assist local communities and residents in preserving these unique cultural, historical and natural resources. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``heritage area'' means the Northern Rio Grande Heritage Area; and (2) the term ``Secretary'' means the Secretary of the Interior. SEC. 4. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA. (a) Establishment.--There is hereby established the Northern Rio Grande National Heritage Area in the State of New Mexico. (b) Boundaries.--The heritage area shall include the counties of Santa Fe, Rio Arriba, and Taos in the State of New Mexico. (c) Management Entity.--The Northern Rio Grande National Heritage Area, Inc., a non-profit corporation chartered in the State of New Mexico, shall serve as the management entity for the heritage area. SEC. 5. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY. (a) Management Plan.--(1) Not later than 3 years after the date of enactment of this Act, the management entity shall develop and forward to the Secretary a management plan for the heritage area. (2) The management entity shall develop the management plan in cooperation with affected communities, tribal and local governments and shall provide for public involvement in the development and implementation of the management plan. (3) The management plan shall, at a minimum-- (A) provide recommendations for the conservation, funding, management, and development of the resources of the heritage area; (B) identify sources of funding; (C) include an inventory of the cultural, historical, archaeological, natural, and recreational resources of the heritage area; (D) provide recommendations for educational and interpretive programs to inform the public about the resources of the heritage area; and (E) an analysis of ways in which local, State, Federal, and tribal programs may best be coordinated to promote the purposes of this Act. (4) If the management entity fails to submit a management plan to the Secretary as provided in paragraph (1), the heritage area shall no longer be eligible to receive Federal funding under this Act until such time as a plan is submitted to the Secretary. (5)(A) The Secretary shall approve or disapprove the management plan within 90 days after the date of submission. (B) If the Secretary disapproves the management plan, the Secretary shall advise the management entity in writing of the reasons therefor and shall make recommendations for revisions to the plan. (6) The management entity shall periodically review the management plan and submit to the Secretary any recommendations for proposed revisions to the management plan. Any major revisions to the management plan must be approved by the Secretary. (b) Authority.--The management entity may make grants and provide technical assistance to tribal and local governments, and other public and private entities to carry out the management plan. (c) Duties.--The management entity shall-- (1) give priority in implementing actions set forth in the management plan; (2) coordinate with tribal and local governments to better enable them to adopt land use policies consistent with the goals of the management plan; (3) encourage by appropriate means economic viability in the heritage area consistent with the goals of the management plan; and (4) assist local and tribal governments and non-profit 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 cultural, historical, archaeological and natural resources and sites in the heritage area; (D) the restoration of historic structures related to the heritage area; and (E) carrying out other actions that the management entity determines appropriate to fulfill the purposes of this Act. (d) Prohibition on Acquiring Real Property.--The management entity may not use Federal funds received under this Act to acquire real property or an interest in real property. (e) Public Meetings.--The management entity shall hold public meetings at least annually regarding the implementation of the management plan. (f) Annual Reports and Audits.--(1) For any year in which the management entity receives Federal funds under this Act, the management entity shall submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each entity to which any grant was made by the management entity. (2) The management entity shall make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds. The management entity shall also require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organization make available to the Secretary for audit all records concerning the expenditure of those funds. SEC. 6. DUTIES OF THE SECRETARY. (a) Technical and Financial Assistance.--The Secretary may, upon request of the management entity, provide technical and financial assistance to develop and implement the management plan. (b) Priority.--In providing assistance under subsection (a), the Secretary shall give priority to actions that facilitate-- (1) the conservation of the significant natural, cultural, historical, archaeological, scenic, and recreational resources of the heritage area; and (2) the provision of educational, interpretive, and recreational opportunities that are consistent with the resources and associated values of the heritage area. SEC. 7. SAVINGS PROVISIONS. (a) No Effect on Private Property.--Nothing in this Act shall be construed-- (1) to modify, enlarge, or diminish any authority of Federal, State, tribal, or local governments to regulate any use of privately owned lands; or (2) to grant the management entity any authority to regulate the use of privately owned lands. (b) Authority of Governments.--Nothing in this Act shall be construed-- (1) to modify, enlarge, or diminish any authority of Federal, State, tribal, or local governments to manage or regulate any use of land as provided for by law or regulation; or (2) to authorize the management entity to assume any management authorities over such lands. SEC. 8. SUNSET. The Secretary may not make any grant or provide any financial assistance under this Act after September 30, 2017. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $10,000,000 to carry out this Act. Not more than $1,000,000 may be appropriated for any fiscal year. The Federal share of the costs for any activity funded under this Act shall not exceed 50 percent.

Northern Rio Grande National Heritage Area Act - Establishes the Northern Rio Grande National Heritage Area, including the counties of Santa Fe, Rio Arriba, and Taos, New Mexico. Designates Northern Rio Grande National Heritage Area, Inc., as the management entity that shall develop and submit a management plan including recommendations for conservation, funding, management, development, and interpretation of the Area.Bars the use of Federal funds received under this Act to acquire real property. Authorizes the Secretary of the Interior to provide technical and financial assistance.

A bill to establish the Northern Rio Grande National Heritage Area in the State of New Mexico, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Conservation Corps Act of 2013''. SEC. 2. VETERANS CONSERVATION CORPS. (a) Establishment.-- (1) In general.--The Secretary of Veterans Affairs shall, in cooperation with the Attorney General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of the Interior, the Chief Executive Officer of the Corporation for National and Community Service, and the Chief of Engineers, establish a veterans conservation corps to assist veterans in the transition from service in the Armed Forces to civilian life and to employ veterans-- (A) in conservation, resource management, firefighting, law enforcement, and historic preservation projects on public lands and maintenance and improvement projects for cemeteries under the jurisdiction of the National Cemetery Administration; and (B) as firefighters, law enforcement officers, and disaster relief personnel. (2) Veteran eligibility.--To be eligible to participate in the veterans conservation corps, a veteran shall be unemployed. (b) Conservation, Resource Management, Historic Preservation, and Cemetery Maintenance and Improvement Projects.-- (1) In general.--As part of the veterans conservation corps, the Secretary of Veterans Affairs, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, the Chief Executive Officer of the Corporation for National and Community Service, and the Chief of Engineers shall-- (A) employ veterans to carry out projects described in subsection (a)(1); and (B) award grants to, or enter into contracts with, State governments, local governments, or nongovernmental entities to employ veterans to carry out projects described in subsection (a)(1). (2) Priority.--In employing or awarding grants or contracts to employ veterans under this subsection, the Secretaries referred to in paragraph (1) and the Chief of Engineers shall give priority towards the employment of veterans who served on active duty in the Armed Forces on or after September 11, 2001. (3) Coordination.--The Secretary of Veterans Affairs shall coordinate the activities of the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, the Chief Executive Officer of the Corporation for National and Community Service, and the Chief of Engineers to employ veterans as part of the veterans conservation corps. (4) Oversight of projects.--The Secretaries referred to in paragraph (1) and the Chief of Engineers shall each provide oversight of the projects for which they employ veterans under subparagraph (A) of such paragraph or award grants or enter into contracts under subparagraph (B) of such paragraph. (c) First Responders.-- (1) Firefighters.--As part of the veterans conservation corps, the Secretary of Homeland Security shall award grants under section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a) to hire veterans as firefighters. (2) Law enforcement officers.--As part of the veterans conservation corps, the Attorney General shall award grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) to hire veterans as law enforcement officers. (3) Disaster relief personnel.--As part of the veterans conservation corps, the Secretary of Homeland Security shall provide funds to increase participation by veterans in the FEMA Corps program, which is a partnership between the Corporation for National and Community Service and the Federal Emergency Management Agency. (4) Priority.--In awarding grants or providing funds under this subsection to hire veterans, the Secretary of Homeland Security and the Attorney General shall give priority to the hiring of veterans who served on active duty in the Armed Forces on or after September 11, 2001. (d) Assistance.-- (1) In general.--The Secretary of Veterans Affairs may provide assistance to the Secretaries referred to in subsection (a), the Attorney General, the Chief of Engineers, and the Chief Executive Officer to carry out the veterans conservation corps. Such assistance may take the form of a transfer under paragraph (2). (2) Transfers.--Except as otherwise provided in this subsection, of amounts appropriated or otherwise made available to the Secretary of Veterans Affairs to carry out this section, the Secretary of Veterans Affairs may transfer such amounts as the Secretary considers appropriate to carry out the veterans conservation corps to the following: (A) The Attorney General. (B) The Secretary of Agriculture. (C) The Secretary of Commerce. (D) The Secretary of Homeland Security. (E) The Secretary of the Interior. (F) The Corporation for National and Community Service. (G) The Chief of Engineers. (3) Assistance for conservation, resource management, historic preservation, and cemetery maintenance and improvement projects.-- (A) Application.--If a Secretary referred to in subsection (b)(1) or the Chief of Engineers or the Chief Executive Officer seeks assistance under paragraph (1) to employ a veteran to carry out a project under subparagraph (A) of subsection (b)(1) or to award a grant or contract to carry out a project under subparagraph (B) of such subsection, such Secretary or the Chief of Engineers shall submit to the Secretary of Veterans Affairs an application therefor at such time, in such manner, and containing such information as the Secretary of Veterans Affairs may require. (B) Selection.--The Secretary of Veterans Affairs shall, in consultation with the steering committee established under subparagraph (C), award assistance under this paragraph in accordance with such criteria as the steering committee establishes. (C) Steering committee.-- (i) In general.--The Secretary of Veterans Affairs shall establish a steering committee-- (I) to establish selection criteria for the awarding of assistance under paragraph (1) to employ a veteran to carry out a project under subparagraph (A) of subsection (b)(1) or to award a grant or contract to carry out a project under subparagraph (B) of such subsection; and (II) to provide the Secretary of Veterans Affairs with advice on awarding assistance under this subsection with respect to projects described in subsection (a)(1) and carrying out the requirements of the veterans conservation corps under subsection (b). (ii) Composition.--The steering committee shall be composed of the following: (I) The Secretary of Veterans Affairs. (II) The Secretary of Agriculture. (III) The Secretary of Commerce. (IV) The Secretary of the Interior. (V) The Corporation for National and Community Service. (VI) The Chief of Engineers. (iii) Chairperson.--The chairperson of the steering committee shall be the Secretary of Veterans Affairs. (iv) Advisory input.--The Secretary of Defense, the Secretary of Labor, and the Chief Executive Officer of the Corporation for National and Community Service may provide advice to the steering committee. (4) Assistance for first responders.--Not more than 10 percent of amounts appropriated or otherwise made available to the Secretary of Veterans Affairs to carry out this section may be transferred to the Attorney General and the Secretary of Homeland Security to employ veterans under subsection (c). (e) Reporting Framework.--The Secretary of Veterans Affairs shall establish a reporting framework to regularly monitor and evaluate the veterans conservation corps to ensure proper oversight and accountability of the veterans conservation corps. (f) Outreach.--The Secretary of Veterans Affairs shall ensure that veterans employed under the veterans conservation corps are aware of benefits and assistance available to them under laws administered by the Secretary of Veterans Affairs. (g) Donations.--The Secretary of Veterans Affairs may solicit, accept, hold, administer, use, and dispose of, in furtherance of the purpose of this Act, donations of any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise. Donations accepted under this subparagraph shall be used as nearly as possible in accordance with the terms, if any, of such donation. (h) Authorization of Appropriations.-- (1) In general.--There is available without further appropriation to the Secretary of Veterans Affairs to carry out this section, $600,000,000 for the period of fiscal years 2014 through 2018. (2) Limitation.--Of amounts appropriated or otherwise made available to carry out this section, not more than five percent may be spent to administer the veterans conservation corps. (i) Definition of Veteran.--In this section, the term ``veteran'' has the meaning given the term in section 101 of title 38, United States Code.

Veterans Conservation Corps Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to establish a veterans conservation corps to assist unemployed veterans in the transition from service in the Armed Forces to civilian life and to employ such veterans: (1) in conservation, resource management, firefighting, law enforcement, and historic preservation projects on public lands; (2) in maintenance and improvement projects for cemeteries under the jurisdiction of the National Cemetery Administration; and (3) as firefighters, law enforcement officers, and disaster relief personnel. Requires priority to be given to the employment of veterans who served on active duty on or after September 11, 2001. Requires, as part of the veterans conservation corps: (1) the Secretary of Homeland Security (DHS) to award grants under the Federal Fire Prevention and Control Act of 1974 to hire veterans as firefighters, (2) the Attorney General to award grants under the public safety and community policing grant program (COPS ON THE BEAT grant program) under the Omnibus Crime Control and Safe Streets Act of 1968 to hire veterans as law enforcement officers, and (3) the DHS Secretary to provide funds to increase participation by veterans in the Federal Emergency Management Agency (FEMA) Corps program. Authorizes the VA Secretary to transfer amounts to carry out the corps to the Attorney General, the Chief of Engineers, the Corporation for National and Community Service, and the Secretaries of Agriculture, Commerce, DHS, and Interior. Directs the VA Secretary to establish a steering committee to establish selection criteria for, and provide advice to the VA Secretary on, the awarding of assistance under this Act.

Veterans Conservation Corps Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Berry Amendment Extension Act''. SEC. 2. BUY AMERICAN REQUIREMENT IMPOSED ON DEPARTMENT OF HOMELAND SECURITY; EXCEPTIONS. (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section: ``SEC. 890. BUY AMERICAN REQUIREMENT; EXCEPTIONS. ``(a) Requirement.--Except as provided in subsections (c) through (f), the Secretary may not procure an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States. ``(b) Covered Items.-- ``(1) In general.--An item referred to in subsection (a) is any item described in paragraph (2), if the item is directly related to the national security interests of the United States. ``(2) Items described.--An item described in this paragraph is any article or item of-- ``(A) clothing or footwear and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing or footwear (and the materials and components thereof); ``(B) tents, tarpaulins, covers, textile belts, bags, protective equipment (including body armor), sleep systems, load carrying equipment (including fieldpacks), textile marine equipment, parachutes, or bandages; ``(C) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or ``(D) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials. ``(c) Availability Exception.--Subsection (a) does not apply to the extent that the Secretary determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(2) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed or in a time period that meets the national security needs of the United States. This section is not applicable to covered items that are, or include, materials determined to be nonavailable in accordance with subpart 25.104 of the Federal Acquisition Regulation (relating to nonavailable articles). ``(d) De Minimis Exception.--Notwithstanding subsection (a), the Secretary may accept delivery of an item covered by subsection (b) that contains non-compliant fibers if the total value of non-compliant fibers contained in the end item does not exceed 10 percent of the total purchase price of the end item. ``(e) Exception for Certain Procurements Outside the United States.--Subsection (a) does not apply to the following: ``(1) Procurements by vessels in foreign waters. ``(2) Emergency procurements. ``(f) Exception for Small Purchases.--Subsection (a) does not apply to purchases for amounts not greater than the simplified acquisition threshold referred to in section 134 of title 41, United States Code. ``(g) Applicability to Contracts and Subcontracts for Procurement of Commercial Items.--This section is applicable to contracts and subcontracts for the procurement of commercial items notwithstanding section 1906 of title 41, United States Code, with the exception of commercial items listed under subparagraphs (C) and (D) of subsection (b)(2). For the purposes of this subsection, the term `commercial item' has the meaning given the term in section 2.101 of the Federal Acquisition Regulation. ``(h) Geographic Coverage.--In this section, the term `United States' includes the possessions of the United States. ``(i) Notification Required Within 7 Days After Contract Award if Certain Exceptions Applied.--In the case of any contract for the procurement of an item described in subsection (b)(2), if the Secretary applies the exception set forth in subsection (c) with respect to that contract, the Secretary shall, not later than 7 days after the award of the contract-- ``(1) post a notification that the exception has been applied on the Internet website maintained by the General Services Administration known as FedBizOpps (or any successor website); and ``(2) notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform and the Committee on Homeland Security of the House of Representatives of the exception. ``(j) Training.-- ``(1) In general.--The Secretary shall ensure that each member of the acquisition workforce who participates personally and substantially in the acquisition of textiles on a regular basis receives training on the requirements of this section and the regulations implementing this section. ``(2) Inclusion of information in new training programs.-- The Secretary shall ensure that any training program for the acquisition workforce developed or implemented after the date of the enactment of this section includes comprehensive information on the requirements described in paragraph (1). ``(k) Consistency With International Agreements.--This section shall be applied in a manner consistent with United States obligations under international agreements.''. (b) Table of Contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by inserting after the item relating to section 889 the following new item: ``Sec. 890. Buy American requirement; exceptions.''. (c) Effective Date.--Section 890 of the Homeland Security Act of 2002, as added by subsection (a), shall apply with respect to contracts entered into by the Department of Homeland Security on and after the date occurring 180 days after the date of the enactment of this Act.

Berry Amendment Extension Act - Amends the Homeland Security Act of 2002 to prohibit the Secretary of the Department of Homeland Security (DHS) from procuring specified covered items directly related to national security interests (including such items as clothing, footwear, tents, protective equipment, sleep systems, or natural fiber products) that are not grown, reprocessed, reused, or produced in the United States, except to the extent satisfactory quality and sufficient quantity of any such product cannot be procured as and when needed or in a time period that meets U.S. national security needs. Makes this provision inapplicable to covered items that are or that include non-available articles. Allows the Secretary to accept delivery of covered items that contain non-compliant fibers if the total value of non-compliant fibers contained in the end item does not exceed 10% of its total purchase price. Makes additional exceptions for: (1) procurements by vessels in foreign waters, (2) emergency procurements, and (3) purchases for amounts not greater than the simplified acquisition threshold. Requires the Secretary to post a notification on the Internet website maintained by the General Services Administration (GSA) known as FedBizOpps and to notify specified congressional committees that an exception has been applied not later than seven days after the award of the contract. Directs the Secretary to ensure that: (1) each member of DHS's acquisition workforce who regularly participates in textile acquisition receives training on this Act's requirements, and (2) any such training includes comprehensive information on such requirements. Requires this Act to be applied in a manner consistent with U.S. obligations under international agreements.

A bill to prohibit the Department of Homeland Security from procuring certain items directly related to the national security unless the items are grown, reprocessed, reused, or produced in the United States, and for other purposes.

SECTION 1. FINDINGS. The Congress finds that-- (a) the State of Alaska received management authority and responsibility for fish and game resources in the State at the time of statehood; (b) the Alaska constitution requires equal access for all citizens of the state to these fish and game resources; (c) the State of Alaska developed statutes to implement a rural subsistence priority; (d) in 1980 Congress passed the Alaska National Interest Lands Conservation Act providing that the ``taking on public lands of fish and wildlife for nonwasteful subsistence uses shall be accorded priority over the taking on such lands of fish and wildlife for other purposes''; (e) in 1989 the Alaska Supreme Court ruled in McDowell v. Alaska that the rural preference contained in the State's subsistence statute violated the equal access provision of the Alaska Constitution putting the State's subsistence program out of compliance with title VIII of ANILCA resulting in the Secretaries of Agriculture and the Interior assuming subsistence management on the public lands in Alaska; (f) the Governor and the Lieutenant Governor of Alaska are to be complimented on their several attempts to resolve the issue and return management responsibilities of fish and game back to the State; however, these efforts have not been successful; (g) there continues to remain an impasse that is creating a divisive atmosphere in Alaska among sport hunters, sport fishermen, commercial fishermen, Alaska Natives, as well as urban and rural residents; and (h) the Congress hereby declares that it is timely and essential to conduct a review of Federal and State policies and programs affecting subsistence in order to identify specific actions that may be taken by the United States and the State of Alaska to help assure that a fair subsistence priority is provided to the citizens of Alaska and that management authority over fish and game resources is maintained by the State of Alaska. SEC. 2. APPOINTMENT OF SPECIAL MASTER. (a)(1) The President shall hereby appoint a Special Master to mediate the issues involved in this impasse, and (2) In making the appointment of the Special Master, the President shall give careful consideration to recommendations submitted by the Governor of the State of Alaska and the president of the Alaska State Senate, and the Speaker of the Alaska State House. (b)(1) The principal office of the Special Master shall be in the State of Alaska. (2) The Special Master shall-- (A) review existing State and Federal laws regarding subsistence use in Alaska; and (B) after consultation with all interested parties, including, but not limited to, Alaska natives, sport and commercial fishing interests, sport hunting groups, recreation groups, the Governor of Alaska, the Alaska legislature, the Secretaries of Agriculture and the Interior, and the members of the Alaska Congressional delegation, recommend specific actions to the Congress and to the State of Alaska including state statutory amendments, changes in existing management structures, constitutional amendments, and changes to title VIII of ANILCA, that-- (i) assure the State of Alaska recovers and retains management authority and responsibility for fish and game on all lands in Alaska; and (ii) provide for the continuation of the opportunity for subsistence uses by residents of Alaska, including both Natives and non-natives, on the public lands and by Alaska Natives on Native lands which is essential for Native physical, economic, traditional, and cultural existence and to non-native physical, economic, traditional, and social existence. (c) Submit, by no later than the date that is six months after appointment, a report on the recommendations developed under paragraph (2), to the Secretary, the Congress, the Governor of the State of Alaska, and the legislature of the State of Alaska, and make such report available to the public. (d) The Special Master shall have the power to procure, as authorized by section 3109 of title 5, United States Code, temporary and intermittent services to the same extent as is authorized by law for agencies in the executive branch, but at rates not to exceed the daily equivalent of the maximum annual rate of basic pay in effect for grade GS-18 of such General Schedule. (e) Service as a Special Master shall not be considered as service or employment bringing such individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a Special Master, shall not be considered service in an appointive or elective position in the Government for purposes of section 8344 of title 5, United States Code, or comparable provisions of Federal law. (f)(1) The Special Master is authorized to-- (A) hold such hearings and sit and act at such times, (B) take such testimony, (C) have such printing and binding done, (D) enter into such contracts and other arrangements, (E) make such expenditures, and (F) take such other actions, as the Special Master may deem advisable. (2) The Special Master is authorized to establish task forces which include individuals appointed for the purpose of gathering information on specific subjects identified by the Special Master as requiring the knowledge and expertise of such individuals. No compensation may be paid to members of a task force solely for their service on the task force, but the Special Master may authorize the reimbursement of members of a task force for travel and per diem in lieu of subsistence expenses during the performance of duties while away from the home, or regular place of business, of the member, in accordance with subchapter I of chapter 57 of title 5, United States Code. The Special Master shall not authorize the appointment of personnel to act as staff for the task force. (3) The Special Master is authorized to accept gifts of services, or funds and to expend funds derived from sources other than the Federal Government, including the State of Alaska, private nonprofit organizations, corporations, or foundations which are determined appropriate and necessary to carry out the provisions of this section. (4) The Special Master is authorized to secure directly from any officer, department, agency, establishment, or instrumentality of the Federal Government such information as the Special Master may require for the purpose of this section, and each such officer, department, agency, establishment, or instrumentality is authorized and directed to furnish, to the extent permitted by law, such information, suggestions, estimates, and statistics directly to the Special Master, upon request. (g) The provisions of the Federal Advisory Committee Act shall not apply to the Special Master established under this section. (h) Upon the request of the Special Master, the head of any Federal department, agency, or instrumentality is authorized to make any of the facilities and services of such department, agency, or instrumentality available to the Special Master and detail any of the personnel of such department, agency, or instrumentality to the commission, on a nonreimbursable basis, to assist the Special Master in carrying out its duties under this section. (i) The Special Master may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (j) The Special Master shall cease to exist on the date that is one hundred and eighty days after the date on which the Special Master submits the report required under subsection (c)(5). All records, documents, and materials of the Special Master shall be transferred to the National Archives and Records Administration on the date on which the Special Master ceases to exist. (k) There is authorized to be appropriated to the Special Master $250,000 to provide for the salaries and expenses to carry out the provisions of this section. Such sum shall remain available, without fiscal year limitation, until expended.

Requires the President: (1) to appoint a Special Master to mediate the issues involved in the impasse regarding fish and game management responsibilities in Alaska ; and (2) in making such appointment, to give careful consideration to recommendations submitted by the Governor of Alaska, the President of the Alaska State Senate, and the Speaker of the Alaska State House. Requires the principal office of the Special Master to be in Alaska. Directs the Special Master to: (1) review existing State and Federal laws regarding subsistence use of fish and game resources in Alaska; (2) recommend specific actions to the Congress and to Alaska that assure that Alaska recovers and retains management authority and responsibility for fish and game on all of its lands, that provide for the continuation of the opportunity for subsistence uses by Alaska residents, including both Natives and non-natives, on the public lands and by Alaska Natives on Native lands which is essential for Native physical, economic, traditional, and cultural existence, and to non- native physical, economic, traditional, and social existence; and (3) report to the Secretary, the Congress, the Governor, and the Alaskan legislature. Makes the report available to the public. Authorizes appropriations.

A bill to provide for the appointment of a Special Master to meet with interested parties in Alaska and make recommendations to the Governor of Alaska, The Alaska State Legislature, The Secretary of Agriculture, The Secretary of the Interior, and the United States Congress on how to return management of fish and game resources to the State of Alaska and provide for subsistence uses by Alaskans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Estate Tax Relief Act of 2001''. SEC. 2. MAXIMUM ESTATE AND GIFT TAX RATE REDUCED TO 45 PERCENT. (a) In General.--The table contained in section 2001(c)(1) of the Internal Revenue Code of 1986 is amended by striking the four highest brackets and inserting the following: ``Over $1,500,000.............. $555,800, plus 45% of the excess over $1,500,000.''. (b) Repeal of Phaseout of Graduated Rates.-- (1) In general.--Subsection (c) of section 2001 of such Code is amended by striking paragraph (2). (2) Conforming amendment.--Section 2001(c) is amended by striking ``(1) In general.--'' and moving the text 2 ems to the left. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2000. SEC. 3. UNIFIED CREDIT AGAINST ESTATE AND GIFT TAXES REPLACED WITH UNIFIED EXEMPTION AMOUNT. (a) In General.-- (1) Estate tax.--Subsection (b) of section 2001 of the Internal Revenue Code of 1986 (relating to computation of tax) is amended to read as follows: ``(b) Computation of Tax.-- ``(1) In general.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(A) the tentative tax determined under paragraph (2), over ``(B) the aggregate amount of tax which would have been payable under chapter 12 with respect to gifts made by the decedent after December 31, 1976, if the provisions of subsection (c) (as in effect at the decedent's death) had been applicable at the time of such gifts. ``(2) Tentative tax.--For purposes of paragraph (1), the tentative tax determined under this paragraph is a tax computed under subsection (c) on the excess of-- ``(A) the sum of-- ``(i) the amount of the taxable estate, and ``(ii) the amount of the adjusted taxable gifts, over ``(B) the exemption amount. ``(3) Exemption amount.--For purposes of paragraph (2), the term `exemption amount' means $10,000,000. ``(4) Adjusted taxable gifts.--For purposes of paragraph (2), the term `adjusted taxable gifts' means the total amount of the taxable gifts (within the meaning of section 2503) made by the decedent after December 31, 1976, other than gifts which are includible in the gross estate of the decedent.''. (2) Gift tax.--Subsection (a) of section 2502 of such Code (relating to computation of tax) is amended to read as follows: ``(a) Computation of Tax.-- ``(1) In general.--The tax imposed by section 2501 for each calendar year shall be the amount equal to the excess (if any) of-- ``(A) the tentative tax determined under paragraph (2) for such calendar year, over ``(B) the aggregate amount of tax that would have been payable under this chapter with respect to gifts made by the donor in preceding calendar periods if the tax had been computed under the provisions of section 2001(c) as in effect for such calendar year. ``(2) Tentative tax.--For purposes of paragraph (1), the tentative tax determined under this paragraph for a calendar year is a tax computed under section 2001(c) on the excess of-- ``(A) the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over ``(B) the exemption amount under section 2001(b)(3) for such calendar year.''. (b) Repeal of Unified Credits.-- (1) Section 2010 of such Code (relating to unified credit against estate tax) is hereby repealed. (2) Section 2505 of such Code (relating to unified credit against gift tax) is hereby repealed. (c) Conforming Amendments.-- (1)(A) Subsection (b) of section 2011 of such Code is amended-- (i) by striking ``adjusted'' in the table; and (ii) by striking the last sentence. (B) Subsection (f) of section 2011 of such Code is amended by striking ``, reduced by the amount of the unified credit provided by section 2010''. (2) Subsection (a) of section 2012 of such Code is amended by striking ``and the unified credit provided by section 2010''. (3) Subparagraph (A) of section 2013(c)(1) of such Code is amended by striking ``2010,''. (4) Paragraph (2) of section 2014(b) of such Code is amended by striking ``2010, 2011,'' and inserting ``2011''. (5) Clause (ii) of section 2056A(b)(12)(C) of such Code is amended to read as follows: ``(ii) to treat any reduction in the tax imposed by paragraph (1)(A) by reason of the credit allowable under section 2010 (as in effect on the day before the date of the enactment of the Estate Tax Relief Act of 2001) or the exemption amount allowable under section 2001(b) with respect to the decedent as a credit under section 2505 (as so in effect) or exemption under section 2501 (as the case may be) allowable to such surviving spouse for purposes of determining the amount of the exemption allowable under section 2501 with respect to taxable gifts made by the surviving spouse during the year in which the spouse becomes a citizen or any subsequent year,''. (6)(A) Section 2057 of such Code is repealed and the table of sections for part IV of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2057. (B) Paragraph (10) of section 2031(c) of such Code is amended by inserting ``(as in effect on the day before the date of the enactment of this parenthetical)'' before the period. (7) Subsection (b) of section 2101 of such Code is amended to read as follows: ``(b) Computation of Tax.-- ``(1) In general.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(A) the tentative tax determined under paragraph (2), over ``(B) a tentative tax computed under section 2001(c) on the amount of the adjusted taxable gifts. ``(2) Tentative tax.--For purposes of paragraph (1), the tentative tax determined under this paragraph is a tax computed under section 2001(c) on the excess of-- ``(A) the sum of-- ``(i) the amount of the taxable estate, and ``(ii) the amount of the adjusted taxable gifts, over ``(B) the exemption amount for the calendar year in which the decedent died. ``(3) Exemption amount.-- ``(A) In general.--The term `exemption amount' means $60,000. ``(B) Residents of possessions of the united states.--In the case of a decedent who is considered to be a nonresident not a citizen of the United States under section 2209, the exemption amount under this paragraph shall be the greater of-- ``(i) $60,000, or ``(ii) that proportion of $175,000 which the value of that part of the decedent's gross estate which at the time of his death is situated in the United States bears to the value of his entire gross estate wherever situated. ``(C) Special rules.-- ``(i) Coordination with treaties.--To the extent required under any treaty obligation of the United States, the exemption amount allowed under this paragraph shall be equal to the amount which bears the same ratio to the exemption amount under section 2001(b)(3) (for the calendar year in which the decedent died) as the value of the part of the decedent's gross estate which at the time of his death is situated in the United States bears to the value of his entire gross estate wherever situated. For purposes of the preceding sentence, property shall not be treated as situated in the United States if such property is exempt from the tax imposed by this subchapter under any treaty obligation of the United States. ``(ii) Coordination with gift tax exemption and unified credit.--If an exemption has been allowed under section 2501 (or a credit has been allowed under section 2505 as in effect on the day before the date of the enactment of the Estate Tax Relief Act of 2001) with respect to any gift made by the decedent, each dollar amount contained in subparagraph (A) or (B) or the exemption amount applicable under clause (i) of this subparagraph (whichever applies) shall be reduced by the exemption so allowed under section 2501 (or, in the case of such a credit, by the amount of the gift for which the credit was so allowed).''. (8) Section 2102 of such Code is amended by striking subsection (c). (9)(A) Paragraph (1) of section 2107(a) of such Code is amended by striking ``the table contained in''. (B) Paragraph (1) of section 2107(c) of such Code is amended to read as follows: ``(1) Exemption amount.--For purposes of subsection (a), the exemption amount under section 2001 shall be $60,000.'' (C) Paragraph (3) of section 2107(c) of such Code is amended by striking the second sentence. (D) The heading of subsection (c) of section 2107 of such Code is amended to read as follows: ``(c) Exemption Amount and Credits.--''. (10) Paragraph (1) of section 6018(a) of such Code is amended by striking ``the applicable exclusion amount in effect under section 2010(c)'' and inserting ``the exemption amount under section 2001(b)(3)''. (11) Subparagraph (A) of section 6601(j)(2) of such Code is amended to read as follows: ``(A) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were $1,000,000, or''. (12) The table of sections for part II of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2010. (13) The table of sections for subchapter A of chapter 12 of such Code is amended by striking the item relating to section 2505. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying and gifts made after December 31, 2000. SEC. 4. INCREASE IN ANNUAL GIFT EXCLUSION AMOUNT. (a) In General.--Paragraph (1) of section 2503(b) of the Internal Revenue Code of 1986 (relating to general exclusion from gifts) is amended by striking ``$10,000'' and inserting ``$50,000''. (b) Inflation Adjustment.--Paragraph (2) of section 2503(b) of such Code is amended-- (1) by striking ``$10,000'' both places it appears and inserting ``$50,000'', (2) by striking ``1998'' and inserting ``2001'', and (3) by striking ``1997'' and inserting ``2000''. (c) Conforming Amendment.--Section 2523(i)(2) of such Code is amended by striking ``$10,000'' and inserting ``$50,000''. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying and gifts made after December 31, 2000.

Estate Tax Relief Act of 2001 - Amends the Internal Revenue Code to: (1) reduce the maximum estate and gift tax rate to 45 percent; (2) replace the unified credit against the estate and gift taxes with a unified exemption amount of $10 million; and (3) increase from $10,000 to $50,000 the annual gift exclusion amount.

To amend the Internal Revenue Code of 1986 to reduce the maximum estate and gift tax rate to 45 percent, to replace the unified credit against the estate and gift tax with a unified exemption amount, and to increase the gift exclusion amount.

SECTION 1. SHORT TITLE. This Act may be cited as ``Department of Energy Advanced Scientific Computing Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Department of Energy and its Office of Science research programs has played an important role in the development of high performance computing, networking, and information technology. These capabilities have been readily accessible to the U.S. scientific community for a diverse set of grand challenge scientific computational problems. 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); developing the mathematical foundations for high performance computing with numerical linear algebra libraries used worldwide; leading the transition to massively parallel supercomputing by developing software to allow processors to communicate with each other; and contributing to the development of the Internet with software that dramatically speeds up the transmission of messages. (2) The Department of Energy's Office of Science's contributions to networking and information technology have played a key role in its ability to accomplish its statutory mission to promote the basic sciences critical to the Nation's energy future through the development of remote access to its shared computing and experimental facilities. Particular users of the computing facilities have been high energy physicists who model electromagnetic fields and beam dynamics in accelerators, materials scientists who model and design materials using computational techniques, chemists who model the chemical processes involved in combustion, atmospheric scientists who model global climate patterns, geologists who model ground transport of fluids and waste, and biologists who want to predict protein structures. Continued accomplishments in these areas will be needed to continue to carry out future DOE missions. (3) The Department of Energy has unique multi-disciplinary facilities for advancing basic and applied science which include the high energy and nuclear laboratories, neutron sources and synchrotron facilities, and advanced computing and communications facilities such as the National Energy Research Scientific Computing Center, the Advanced Computing Research Facilities, and the Energy Sciences Network. Each facility when networked to share large amounts of scientific data will better be able to advance the fundamental understanding in their respective areas as well as the overall networking and information technology infrastructure for the Nation. (4) Many challenges are associated with modeling complex physical, chemical, and biological phenomena, especially on massively parallel computers with peak speeds in hundreds of teraflops (100 trillion arithmetic operations per second). These challenges include the management and analysis of petabyte-scale data sets. A program to address these challenges will require multi-disciplinary collaborations between theoretical and computational scientists, computer scientists, and applied mathematicians at universities, national laboratories, and industry. Such a program will enhance the ability of DOE to meet its mission goals and advance the state of the art for the U.S. economic and industrial base in the fields of energy, geology, genetics, chemical processing, electronics and transportation. (5) Solving the challenges facing the Department of Energy in developing and using high-performance computing, networking, and information technologies will be of immense value to the Nation. Potential benefits include: reliable prediction of the Earth's climate as well as the performance of energy systems; understanding aging and fatigue effects in materials crucial to energy and transportation systems; promoting energy-efficient chemical production through improved chemical processes, including 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 PROGRAM. (a) Establishment.--The Secretary of Energy, through the Office of Science, shall support a program to advance the Nation's computing capability across a diverse set of grand challenge computationally based science problems. (b) Duties of the Office of Science.--In carrying out the program under this Act, the Director of the Office shall-- (1) advance basic science through computation by developing software to solve grand challenge science problems on new generations of computing platforms, (2) enhance the foundations for scientific computing by developing the basic mathematical and computing systems software needed to take full advantage of the computing capabilities of computers with peak speeds of 100 teraflops or more, some of which may be unique to the scientific problem of interest, (3) enhance national collaboratory and networking capabilities by developing software to integrate geographically separated researchers into effective research teams and to facilitate access to and movement and analysis of large (petabyte) data sets, and (4) maintain a robust scientific computing hardware infrastructure to ensure that the computing resources needed to address DOE missions are available; explore new computing approaches and technologies that promise to advance scientific computing. Within the funds authorized to be appropriated pursuant to this Act, the amounts specified under this section shall, subject to appropriations, be available for the above research activities. (c) 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 in conducting basic and applied energy research.''. (d) Coordination With the DOE National Nuclear Security Agency Accelerated Strategic Computing Initiative and Other National Computing Programs.--The Secretary shall ensure through the Director of the Office of Science, that this program, to the extent feasible, is integrated and consistent with the National Nuclear Security Agency's Accelerated Strategic Computing Initiative. The Secretary through the Director of the Office of Science shall ensure that this program is integrated and consistent with other national efforts related to advanced scientific computing for science and engineering. (e) Merit Review Required.--All grants, contracts, cooperative agreements, or other financial assistance awards under this Act shall be made only after independent merit and peer review. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Total Authorization.--The following sums are authorized to be appropriated to the Secretary of Energy, to remain available until expended, for the purposes of carrying out this Act: (1) $250,000,000 for fiscal year 2002. (2) $285,000,000 for fiscal year 2003. (3) $300,000,000 for fiscal year 2004. (4) $310,000,000 for fiscal year 2005. (b) High-End Computing R&D.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out high-end computing R&D in section 3(b) (1) and (2): (1) $39,500,000 for fiscal year 2002. (2) $45,000,000 for fiscal year 2003. (3) $45,000,000 for fiscal year 2004. (4) $50,000,000 for fiscal year 2005. (5) $50,000,000 for fiscal year 2006. (c) Large-Scale Computing and Collaboratory Research.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out large-scale computing and collaboratory research in section 3(b)(3): (1) $54,500,000 for fiscal year 2002. (2) $57,000,000 for fiscal year 2003. (3) $58,000,000 for fiscal year 2004. (4) $60,000,000 for fiscal year 2005. (5) $60,000,000 for fiscal year 2006. (d) High-End Computing Infrastructure and Applications.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out high end computing infrastructure and associated applications in section 3(b)(4): (1) $156,000,000 for fiscal year 2002. (2) $183,000,000 for fiscal year 2003. (3) $197,000,000 for fiscal year 2004. (4) $200,000,000 for fiscal year 2005. (5) $200,000,000 for fiscal year 2006.

Department of Energy Advanced Scientific Computing Act - Directs the Secretary of Energy to support a program to advance the Nation's computing capability across a diverse set of grand challenge computationally based science problems.Amends the High-Performance Computing Act of 1991 to instruct the Secretary to include as part of the National High-Performance Computing Program 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 in conducting basic and applied energy research.Directs the Secretary to ensure that such program is integrated and consistent with the National Nuclear Security Agency's Accelerated Strategic Computing Initiative and with other national efforts related to advanced scientific computing for science and engineering.

A bill to authorize funding for Advanced Scientific Research Computing Programs at the Department of Energy for fiscal years 2002 through 2006, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``KC-Tanker Recompete Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. KC-X Tanker contract. Sec. 3. Independent cost estimate. Sec. 4. Requirement to offset illegal subsidization to foreign persons participating in KC-135 replacement competition. Sec. 5. Ensuring fair competition. Sec. 6. National security considerations. Sec. 7. Industrial base considerations. Sec. 8. Loss of employee tax revenue. Sec. 9. Loss of corporate tax revenue. Sec. 10. Regulatory burden. Sec. 11. Foreign Corrupt Practices Act. Sec. 12. Covered contractor definition. Sec. 13. Report. SEC. 2. KC-X TANKER CONTRACT. (a) Prohibition.--No funds may be used by the Department of Defense on the KC-X tanker contract. In this subsection, the term ``KC-X tanker contract'' means the contract awarded by the Department of the Air Force on February 29, 2008, for the next generation air-refueling tanker aircraft. (b) Replacement.--If the Department of the Air Force chooses not to exercise its authority to award a new contract for the KC-X tanker to the bidder whose protest of the February 29, 2008, award was sustained by the Government Accountability Office on June 18, 2008, the Secretary of Defense, using competitive procedures, shall award a contract for a replacement for the KC-135 tanker. Such funds as may be necessary are authorized to conduct the competition for such contract. SEC. 3. INDEPENDENT COST ESTIMATE. As part of the acquisition process for the award of a contract for a replacement for the KC-135 tanker, as required by section 2(b), the Secretary of Defense and the source selection authority shall ensure that an independent cost estimate is completed. The cost estimate shall include an estimate of-- (1) all costs borne by the suppliers; (2) all costs borne by foreign governments; (3) all costs borne by domestic suppliers (if the proposal involves any domestic suppliers); and (4) all costs covered by cost accounting standards under the Federal Acquisition Regulation. SEC. 4. REQUIREMENT TO OFFSET ILLEGAL SUBSIDIZATION TO FOREIGN PERSONS PARTICIPATING IN KC-135 REPLACEMENT COMPETITION. (a) Requirement.--As part of the acquisition process for the award of a contract for a replacement of the KC-135 tanker, as required by section 2(b), the Secretary of Defense shall, in conducting the cost or price evaluation of any proposal submitted by a subsidized person, increase the cost or price of the proposal by the amount of illegal subsidization. (b) Illegal Subsidization.--For purposes of subsection (a), the amount of illegal subsidization with respect to a proposal submitted by a subsidized person is the amount of the illegal subsidy referred to in subsection (c), as determined jointly by the Secretary of Commerce and the United States Trade Representative after receipt of a request from the Secretary of Defense for such a determination. (c) Subsidized Persons.--With respect to any proposal submitted to the Department of Defense for a contract for a replacement of the KC- 135 tanker, a subsidized person is any of the following: (1) Foreign person.--A foreign person to which the government of a foreign country that is a member of the World Trade Organization has provided a subsidy for the tanker if-- (A) the United States has requested consultations with that foreign country under the Agreement on Subsidies and Countervailing Measures on the basis that the subsidy is an illegal subsidy under that Agreement; and (B) the World Trade Organization has ruled that the subsidy provided by the foreign country is an illegal subsidy under the Agreement on Subsidies and Countervailing Measures. (2) Joint ventures.--Any joint venture, cooperative organization, partnership, or contracting team of which a foreign person described in paragraph (1) is a member. (3) Subcontracts.--Any person proposing to use a foreign person described in paragraph (1) or an entity described in paragraph (2) as a subcontractor in performing the contract for which the proposal is submitted. (d) Definitions.--In this section: (1) The term ``Agreement on Subsidies and Countervailing Measures'' means the agreement described in section 101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C. 3501(d)(12)). (2) The term ``illegal subsidy'' means a prohibited subsidy or an actionable subsidy under the Agreement on Subsidies and Countervailing Measures. (3) The term ``foreign person'' means-- (A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or (B) a corporation, partnership, or other nongovernmental entity which is not a United States person. (4) The term ``United States person'' means-- (A) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States; and (B) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity. (5) The term ``cost or price evaluation'' means an evaluation conducted by a source selection authority pursuant to subpart 15.305(a)(1) of the Federal Acquisition Regulation. SEC. 5. ENSURING FAIR COMPETITION. As part of the acquisition process for the award of a contract for a replacement for the KC-135 tanker, as required by section 2(b), the Secretary of Defense and the source selection authority shall ensure that any covered contractor, foreign or domestic, for the contract, as part of the cost criteria, is evaluated both on the cost borne by the supplier and any cost borne by a foreign government that is not borne by a government (local, State, or Federal) in the United States. The costs considered in the evaluation shall be consistent with the costs estimated in the independent cost estimate completed pursuant to section 3. SEC. 6. NATIONAL SECURITY CONSIDERATIONS. As part of the acquisition process for the award of a contract for a replacement for the KC-135 tanker, as required by section 2(b), it is the responsibility of the Department of Defense to take into consideration the national security impacts, the industrial base impacts, and the economic impact to the United States of awarding contracts for critical capabilities to foreign entities. SEC. 7. INDUSTRIAL BASE CONSIDERATIONS. As part of the acquisition process for the award of a contract for a replacement for the KC-135 tanker, as required by section 2(b), it is the responsibility of the Department of Defense to take into consideration the industrial base impacts and the economic impact to the United States of awarding contracts involving critical jobs to foreign entities. SEC. 8. LOSS OF EMPLOYEE TAX REVENUE. As part of the acquisition process for the award of a contract for a replacement for the KC-135 tanker, as required by section 2(b), it is the responsibility of the Department of Defense to take into consideration the impact of lost personal income tax revenues to the United States, as a result of awarding defense contracts to foreign entities. SEC. 9. LOSS OF CORPORATE TAX REVENUE. As part of the acquisition process for the award of a contract for a replacement for the KC-135 tanker, as required by section 2(b), it is the responsibility of the Department of Defense to take into consideration the impact of lost corporate tax revenues to the United States, as a result of awarding defense contracts to foreign entities. SEC. 10. REGULATORY BURDEN. As part of the acquisition process for the award of a contract for a replacement for the KC-135 tanker, as required by section 2(b), it is the responsibility of the Department of Defense to take into consideration the impact of all regulations waived or that are not applicable with respect to foreign entities. These regulations include cost accounting standards, Buy America provisions, specialty metal provisions, the Foreign Corrupt Practices Acts, and compliance with the International Traffic in Arms Regulation. SEC. 11. FOREIGN CORRUPT PRACTICES ACT. (a) Condition for Prospective Award of Contract.-- (1) In general.--As part of the acquisition process for the award of a contract for a replacement for the KC-135 tanker, as required by section 2(b), the Secretary of Defense and the source selection authority shall require that any contractor or subcontractor described in paragraph (2) that is not already covered by the Foreign Corrupt Practices Act shall be required, as a condition of the contract, to comply with the requirements of such Act. (2) Contractor and subcontractors described.--A contractor or subcontractor described in this paragraph is any of the following: (A) A prospective defense contractor that is part of an internationally controlled group of entities. (B) A prospective subcontractor that is part of an internationally controlled group of entities, provided that the subcontractor is at the second tier or higher and is to be used by the prospective defense contractor (as described in subparagraph (A)) to perform the contract. (b) Compliance Program.-- (1) In general.--With respect to compliance with the Foreign Corrupt Practices Act, the Secretary of Defense shall require that all contractors and subcontractors described in subsection (a)(2) have a compliance program and certify in writing that they have completed an audit of that compliance program. (2) Debarment.-- (A) In general.--Any contractor described in subsection (a)(2) that engages in conduct that violates the requirements of the Foreign Corrupt Practices Act or any similar applicable laws in foreign countries shall be debarred from contracting with the Department of Defense. (B) Period of debarment.--The period of debarment under subparagraph (A) shall be at least 3 years. (c) National Security Waiver Authority.-- (1) In general.--The Secretary of Defense may waive the applicability of subsections (a) and (b) in specific instances if the Secretary determines that the waiver is necessary in the national security interests of the United States. (2) Non-delegation.--The Secretary of Defense may not delegate the waiver authority under paragraph (1). (3) Notification.--Upon issuing a waiver under paragraph (1), the Secretary of Defense shall notify the appropriate Congressional committees in writing not later than 30 days after issuing such waiver. (d) Definitions.--In this section: (1) Foreign corrupt practices act.--The term ``Foreign Corrupt Practices Act'' means-- (A) section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1); and (B) sections 104 and 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2). (2) Internationally controlled group of entities.--The term ``internationally controlled group of entities'' means a controlled group of entities the common parent of which is a company organized under the laws of a foreign government and to which the Foreign Corrupt Practices Act does not, by its jurisdictional terms, apply. (3) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate. SEC. 12. COVERED CONTRACTOR DEFINITION. In this Act, the term ``covered contractor'', with respect to a prime contract of the Department of Defense, means any of the following: (1) Contractor and subsidiaries and affiliates.-- (A) Any prospective contractor making an offer for the contract. (B) The contractor awarded the contract. (C) Any subsidiary or affiliate of the contractor awarded the contract. (2) Subcontractors and subsidiaries and affiliates.-- (A) Any subcontractor of a contractor described in paragraph (1)(B) that is at the second tier or higher and is to be used by the contractor in the performance of the contract. (B) Any subsidiary or affiliate of any such subcontractor. SEC. 13. REPORT. (a) Report Requirement.--The Secretary of Defense shall submit to the congressional defense committees a report on compliance by the Department of Defense with the provisions of this Act during the acquisition process for the award of a contract for a replacement for the KC-135 tanker, as required by section 2(b). (b) Deadline.--The report shall be submitted no later than the date of award of such contract. (c) Congressional Defense Committees.--In this section, the term ``congressional defense committees'' means-- (1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

KC-Tanker Recompete Act - Prohibits funds from being used by the Department of Defense (DOD) on the KC-X (aerial refueling) tanker contract. Defines such contract as the contract awarded by the Department of the Air Force on February 29, 2008, for such aircraft. Outlines requirements and conditions as part of the acquisition process for the award of a contract for a replacement for the KC-135 tanker, including: (1) an independent cost estimate; (2) an increase in the proposal cost or price by the amount of any illegal subsidization by a subsidized person; (3) ensuring an evaluation of the cost borne by a supplier and the cost borne by a foreign government; (4) the consideration of national security impacts; (5) defense industrial base considerations; (6) consideration of the loss of U.S. employee and corporate tax revenue when awarding contracts to foreign entities; and (7) the impact of U.S. regulatory burdens. Directs the Secretary of Defense and the contract source selection authority to require any prospective defense contractor or subcontractor not already covered by the Foreign Corrupt Practices Act to comply with such Act's requirements as a contract award condition. Allows a waiver of such requirement for national security purposes.

A bill to prohibit the use of funds by the Department of Defense on the KC-X tanker contract, and for other purposes related to that contract.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Warning Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) Effective public warnings save lives, prevent economic losses, reduce uncertainty and fear, and quicken recovery. (2) Effective public warnings empower citizens to take appropriate actions when they are at risk from natural hazards, technological accidents, and acts of terrorism. (3) Over ninety percent of public warnings issued are related to weather events and natural disasters. (4) The Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration's National Weather Service, is the sole official voice of the United States for issuing warnings during life-threatening weather situations. (5) The Secretary of Transportation, through the Research and Special Programs Administration of the Department of Transportation, is charged with-- (A) protecting the public from the risks to life and property related to the transportation of hazardous materials (including chemicals and spent nuclear materials) by air, water, rail, and highway; (B) assuring safety from the risks of pipeline transport; (C) providing civil sector preparedness and first- responder training for the Nation's transportation emergencies; and (D) coordinating the restoration of essential transportation systems after emergencies. (6) Other Federal civilian agencies, including the Transportation Security Administration, the United States Coast Guard, and the Federal Emergency Management Agency are tasked with gathering, coordinating, and disseminating information and assistance relating to threats to security on the land, on the sea, and in the air. (7) The National Telecommunications Information Administration and the Federal Communications Commission possess expertise concerning new technologies to improve the speed and breadth of communications to the general public concerning threats from weather, natural disasters, acts of terrorism, and other threats. (8) Metropolitan and State authorities, in partnership with the National Weather Service and other Federal agencies, have the primary responsibility for providing emergency warnings and rely on national procedures, standards, and systems for delivering such warnings. (9) The current patchwork of warning mechanisms often fails-- (A) to provide all necessary information regarding threats and appropriate responses; and (B) to reach all those at risk, particularly those in isolated places. (10) National procedures, standards, and systems for public warnings, including technology protocols for the delivery of such warnings, will significantly improve the effectiveness of public warnings at saving lives, reducing injuries, and reducing the costs of disasters and terrorist acts to the American people. SEC. 3. PURPOSE. The purpose of this Act is to ensure that an effective public warning system exists to alert Americans to specific risks from natural disasters, man-made disasters, and other hazardous events, including chemical and biological threats and other acts of terrorism. SEC. 4. DEVELOPMENT OF NATIONAL ALL-HAZARD WARNING SYSTEM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce and the Secretary of Homeland Security, working in coordination with appropriate Federal agencies, shall establish comprehensive national standards and systems for providing effective public warnings. (b) Development of Emergency Warning Network.--In carrying out subsection (a) the Secretary of Commerce, in coordination with the Secretary of Homeland Security, the Secretary of Transportation, the Secretary of Defense, representatives of other Federal departments and agencies, representatives of State and local governments, representatives of the private sector, media, and academia involved in the collection, issuance, dissemination, and distribution of public warnings, as well as other interested public and private entities, shall-- (1) develop and implement benchmarks for assessing current all-hazard warning capabilities, including such capabilities of the National Oceanic and Atmospheric Administration's National Weather Service, the United States Geological Survey's National Earthquake Information Center, and the Department of Transportation's Office of Pipeline Safety; (2) conduct research and pilot programs on ways to determine and improve the effectiveness of all-hazard warnings; (3) develop specifications for a national backbone, modeled after the National Oceanic and Atmospheric Administration's National Weather Radio, to be used to collect all-hazard warnings from designated authorities and route them to appropriate dissemination systems; (4) work with the Assistant Secretary of Commerce for Communications and Information to use the full range of communications technologies to provide warnings, including, as appropriate-- (A) traditional telephones, including special alert rings to warn individuals in their homes or businesses; (B) wireless technology, including cellular telephones and pagers; and (C) the Internet, including electronic mail; (5) work with the Federal Communications Commission to provide warnings to the public through automatic alert televisions and radios; (6) educate the public about all-hazard warnings; and (7) engage in other necessary or appropriate activities to carry out the purpose of this Act. (c) Terminology, Protocols, and Terrorism Warnings.--In carrying out subsection (a) the Secretary of Homeland Security shall-- (1) develop and recommend standards and guidelines for universal all-hazard warning terminology and protocols in coordination with the Secretary of Commerce, the Secretary of Transportation, the Secretary of Defense, representatives of other Federal departments and agencies, representatives of State and local governments, representatives of the private sector, media, and academia involved in the collection, issuance, dissemination, and distribution of public warnings, as well as other interested public and private entities; and (2) issue warnings related to acts of terrorism and other public safety threats within its jurisdiction via the public warning system developed in accordance with the standards and systems established under subsection (a). (d) Effect on Intelligence Sources.--The Secretary of Commerce and the Secretary of Homeland Security shall coordinate their respective and joint activities under this section with the Director of Central Intelligence to ensure that the procedures, standards, and systems established under this Act do not adversely affect the protection of sources and methods. (e) Reports to Congress.--The Secretary of Commerce and the Secretary of Homeland Security shall submit a joint report to the Congress on the status of public warning capability in the United States not later than 6 months after the date of enactment of this Act and every 6 months thereafter. (f) Advisory Committees.--The Secretary of Commerce and the Secretary of Homeland Security may utilize 1 or more advisory committees in carrying out their respective and joint responsibilities under this Act. SEC. 5. DEFINITIONS. In this Act: (1) All-hazard.--The term ``all-hazard'' means an emergency or disaster resulting from-- (A) a natural disaster; (B) an accident; or (C) an intentional or negligent act. (2) Effective public warning.--The term ``effective public warning'' means practical, comprehensible, and timely information given to all individuals threatened by an all- hazard event sufficient to enable them to act to protect their safety and well-being in a timely manner. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for the purpose of carrying out the provisions of this Act-- (1) $10,000,000 for fiscal year 2004; and (2) such sums as may be necessary for each of the fiscal years 2005 through 2008.

Emergency Warning Act of 2003 - Directs the Secretaries of Commerce and Homeland Security to establish comprehensive national standards and systems for providing effective public warnings.Directs the Secretary of Commerce to: (1) develop and implement benchmarks assessing current all-hazard warning capabilities; (2) conduct research and pilot programs to determine and improve the effectiveness of such warnings; (3) develop specifications for a national backbone for collecting and routing all-hazard warnings; (4) use the full range of communications technologies to provide warnings; (5) provide public warnings through automatic alert televisions and radios; and (6) educate the public about such warnings.Directs the Secretary of Homeland Security to: (1) develop and recommend standards and guidelines for universal all-hazard terminology and protocols, and (2) issue warnings related to acts of terrorism and other public safety threats via a public warning system.

To develop and coordinate a national emergency warning system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Opportunity Scholarships for Kids Act''. SEC. 2. PURPOSE. It is the purpose of this Act to support local efforts to enable students from low-income families who attend a school identified for restructuring under section 1116(b)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(8))-- (1) to attend a private elementary school or secondary school, or a public elementary school or secondary school outside the student's home school district, including a public charter school; or (2) to receive intensive, sustained supplemental educational services. SEC. 3. DEFINITIONS. In this Act: (1) Elementary school; local educational agency; secondary school; secretary; state educational agency.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', ``Secretary'', and ``State educational agency'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency; (B) a State educational agency; or (C) a nonprofit organization or a consortium of nonprofit organizations. (3) Eligible student.--The term ``eligible student'' means a student from a low-income family who-- (A) with respect to a school identified for restructuring under section 1116(b)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(8))-- (i) is eligible to enroll in the beginning grade of the school; (ii) except as provided in subparagraph (C), attended the school for the entire school year preceding the identification; (iii) in the case of a student who transfers to the school to attend any grade beyond the beginning grade of the school, attends the school for the remainder of the school year in which the transfer occurs; or (iv) received a scholarship under this Act in a preceding school year due to such identification; or (B) is a sibling of a student described in any 1 of clauses (i) through (iv) of subparagraph (A). (4) Low-income family.--The term ``low-income family'' means a family whose income does not exceed 185 percent of the poverty line, except that in the case of a student participating in a project under this Act for a second or any succeeding school year the term includes a family whose income does not exceed 220 percent of the poverty line. (5) Poverty line.--The term ``poverty line'' means the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. (6) Private provider.--The term ``private provider'' means a nonprofit or for-profit private provider of supplemental educational services described in section 1116(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(e)(1)) that is on the updated list of approved providers maintained by the State educational agency under section 1116(e)(4)(C) of such Act (20 U.S.C. 6316(e)(4)(C)). (7) Supplemental educational services.--The term ``supplemental educational services'' has the meaning given the term in section 1116(e)(12)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(e)(12)(C)). SEC. 4. PROGRAM AUTHORIZED. (a) Authority.-- (1) In general.--Subject to paragraph (2) and from amounts appropriated under section 6 for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to support projects that provide-- (A) scholarships to enable eligible students to attend-- (i) the private elementary school or secondary school of their parent's choice; or (ii) a public elementary school or secondary school of their parents' choice outside of the eligible student's home school district, consistent with State law; or (B) eligible students with intensive, sustained supplemental educational services on an annual basis. (2) Scholarship duration rule.--Each eligible entity that receives a grant under this Act shall only award a scholarship under this Act to an eligible student for-- (A)(i) in the case of an eligible student described in section 3(3)(A), the first school year for which the eligible student is eligible to receive the scholarship with respect to a school identified for restructuring under section 1116(b)(8) of the Elementary and Secondary Education Act of 1965; and (ii) in the case of an eligible student described in section 3(3)(B), the first school year taught at the school so identified; and (B) each subsequent school year through the school year applicable to the final grade taught at the school so identified. (b) Duration of Grants.--The Secretary may award grants under this Act for a period of not more than 5 years. (c) Priorities.--In awarding grants under this Act, the Secretary shall give priority to eligible entities that-- (1) propose to serve eligible students in a local educational agency with a large number or percentage of schools identified for restructuring under section 1116(b)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(8)); (2) possess the knowledge and capacity to inform parents of eligible students, in urban, suburban, and rural areas, about public and private elementary school and secondary school options; and (3) will augment the scholarships provided to eligible students under this Act in order to help ensure that parents can afford the cost (including tuition, fees, and necessary transportation expenses) of the schools the parents choose to have their children attend under this Act. (d) Application Requirements.-- (1) In general.--To be considered for a grant under this Act, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents.--The application shall, at a minimum, include a description of-- (A) the eligible entity's plan for-- (i) recruiting private schools, local educational agencies, charter schools, and private providers, to participate in the project in order to meet eligible student demand for private and public school admission and supplemental educational services; and (ii) ensuring that participating schools that enroll eligible students receiving scholarships under this Act, and private providers participating in the project, will meet the applicable requirements of the project; (B) each school identified for restructuring that will be served under the project, including-- (i) the name of each such school; and (ii) such demographic and socioeconomic information as the Secretary may require; (C) how the eligible entity will work with the identified schools and the local educational agency to identify the parents of eligible students (including through contracts or cooperative agreements with the public school or local educational agency) consistent with the requirements of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g); (D) how the eligible entity will structure the project in a manner that permits eligible students to participate in the second and succeeding school years of the project if the schools the eligible students attend with scholarship assistance under this Act are subsequently identified for restructuring under section 1116(b)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(8)); (E) how the eligible entity will use funds received under this Act; (F) how the eligible entity will ensure that if more eligible students seek admission to the project than the project can accommodate, the eligible students will be selected through a random selection process; (G) how the eligible entity will notify parents of eligible students of the expanded choice opportunities provided under the project and how the eligible entity will provide parents with sufficient information to enable the parents to make an informed decision; (H) how the eligible entity will ensure that the schools receiving eligible students under the grant are financially responsible and will use the grant funds received under this Act effectively; (I) how the eligible entity will prioritize between providing scholarships and providing sustained, intensive supplemental educational services, including the timing and duration of offering the opportunity for parents to determine which provision the parents prefer; and (J) how the eligible entity will address the renewal of support for participating eligible students, including continued eligibility. (e) Uses of Funds.-- (1) In general.--Each eligible entity that receives a grant under this Act may-- (A) reserve not more than 5 percent of the grant funds for administrative expenses, including costs associated with recruiting and selecting eligible students, private schools, and private providers, to participate in the project; (B) only for the first year for which grant funds are received under this Act, reserve not more than 5 percent of the grant funds (in addition to the funds reserved under subparagraph (A)), for initial implementation expenses, including costs associated with outreach, providing information to parents and school officials, and other administrative expenses; (C) use the grant funds to provide scholarships to eligible students to pay for the cost, including tuition, fees, and necessary transportation expenses, to attend the private school of their parents' choice or a public elementary school or secondary school of their parents' choice outside of the eligible students' home school district (consistent with State law), except that the scholarship shall not exceed $4,000 per student per school year; and (D) use the grant funds to pay the costs, including reasonable transportation costs, of supplemental educational services (including summer school or after- school programs) provided by a private provider to eligible students, except that the costs shall not exceed $3,000 per student, per school year. (2) Funding order.--Each eligible entity that receives a grant under this Act shall-- (A) first fund scholarships for eligible students to attend the private school of their parents' choice or a public elementary school or secondary school of their parents' choice outside of the eligible students' home school district (consistent with State law); and (B) use any remaining grant funds to provide eligible students with access to supplemental educational services. (3) Payment.--Each eligible entity that receives a grant under this Act shall make scholarship payments under this Act to the parent of the eligible student participating in the project, in a manner that ensures that the payments will be used only for the payment of tuition, fees, and necessary transportation expenses, in accordance with this Act. (f) Prohibition.--A student who receives supplemental educational services under this Act shall not be eligible to receive other such services under section 1116(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(e)). (g) Project Performance.--Each eligible entity receiving a grant under this Act shall prepare and submit to the Secretary a final report on the results of the project assisted under this Act that contains such information as the Secretary may require. At a minimum, the report shall include information on the academic achievement of students receiving scholarships and supplemental educational services under the project. (h) Performance Information.--Each eligible entity that receives a grant under this Act shall collect and report such performance information as the Secretary may require for the national evaluation conducted under subsection (i). (i) National Evaluation.--From the amount made available for any fiscal year under section 6, the Secretary shall reserve such sums as may be necessary to conduct an independent evaluation, by grant or by contract, of the program carried out under this Act, which shall include an assessment of the impact of the program on student achievement. The Secretary shall report the results of the evaluation to the appropriate committees of Congress. SEC. 5. NONDISCRIMINATION. (a) In General.--An eligible entity or a school participating in a project under this Act shall not discriminate against an individual participant in, or an individual applicant to participate in, the project on the basis of race, color, religion, sex, or national origin. (b) Applicability and Single-Sex Schools, Classes, or Activities.-- (1) In general.--Notwithstanding any other provision of law, the prohibition of sex discrimination described in subsection (a) shall not apply to a school described in subsection (a) that is operated by, supervised by, controlled by, or connected to, a religious organization, to the extent that the application of subsection (a) is inconsistent with the religious tenets or beliefs of the organization. (2) Parental choice.--Notwithstanding subsection (a) or any other provision of law, a parent may choose to enroll a child in, and a school may offer, a single-sex school, class, or activity under a project funded under this Act. (3) Neutrality.--Section 909 of the Education Amendments of 1972 (20 U.S.C. 1688) shall apply to this Act. (c) Children With Disabilities.--Nothing in this Act may be construed to alter or modify the requirements of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (d) Religiously Affiliated Schools.-- (1) In general.--Notwithstanding any other provision of law, a school described in subsection (a) that is operated by, supervised by, controlled by, or connected to, a religious organization may exercise, in matters of employment, the school's rights consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), including the exemptions in that title. (2) Special rule.--Notwithstanding any other provision of law, if a school described in subsection (a) receives funds made available under this Act for an eligible student as a result of a choice made by the student's parent, the receipt of the funds shall not, consistent with the first amendment of the Constitution-- (A) necessitate any change in the school's teaching mission; (B) require the school to remove any religious art, icon, scripture, or other symbol; or (C) preclude the school from retaining a religious term in its name, selecting its board members on a religious basis, or including a religious reference in its mission statement or another chartering or governing document. (e) Rules of Construction.--For purposes of Federal law, a scholarship provided under this Act to a student shall be considered to be assistance to the parent of the student and shall not be considered to be assistance to the school that enrolls the student. The amount of any scholarship (or other form of support for the provision of supplemental educational services) provided to a parent of an eligible student under this Act shall not be treated as income of a parent of the eligible student for purposes of Federal tax laws or for purposes of determining eligibility for any other Federal program, other than the program carried out under this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $100,000,000 for fiscal year 2007 and such sums as may be necessary for each of the 4 succeeding fiscal years.

America's Opportunity Scholarships for Kids Act - Directs the Secretary of Education to award competitive grants to local educational agencies, state educational agencies, or nonprofit organizations to provide scholarships or sustained supplemental educational services to low-income students who attend, or their siblings who would attend, a public elementary or secondary school due for restructuring for failing to meet state academic performance standards. Requires such scholarships to enable students to attend: (1) the private elementary or secondary school of their parent's choice; or (2) a public elementary or secondary school of their parent's choice outside the student's home school district, consistent with state law. Requires the Secretary to conduct an independent evaluation of this program, including an assessment of its impact on student achievement.

A bill to establish the America's Opportunity Scholarships for Kids Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Emergency Radio Service Preservation Act of 2004''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) A primary objective and benefit of the Nation's regulation of radio broadcasting is the local origination of programming. There is a substantial governmental interest in ensuring its continuation. (2) Local broadcast radio stations are an important source of local news and weather programming and other local broadcast services critical to the public. (3) Local radio broadcasting is particularly important in times of emergencies or disasters when other means of communications may not be available. (4) Radio is the most ubiquitous of all mass media, with receivers located in almost every home and automobile in the country. (5) Because radio receivers are universally available and frequently battery-powered or located in automobiles, the Federal Communications Commission's Media Security and Reliability Council concluded that ``radio broadcasters are likely to be the last line of defense for communicating with the public under extremely adverse conditions that could result in the event of a local disaster''. There is a substantial governmental interest in ensuring the continuation of this capability. (6) Broadcast radio programming is supported by revenues generated from advertising broadcast over stations. Such programming is free to listeners. There is a substantial governmental interest in promoting the continued availability of free radio programming. (7) Because radio programming is supported by advertising, the ability of local stations to continue to provide local news and other services and to ensure communications during emergencies could be jeopardized by a diversion of the listening audience away from local radio programming. (8) When the Federal Communications Commission authorized the digital audio radio satellite service, it stated that it remained ``committed to supporting a vibrant and vital terrestrial radio service for the public''. (9) When the Federal Communications Commission authorized the digital audio radio satellite service, it understood that digital audio radio satellite service licensees would provide only national programming and accepted the contentions of the proponents of digital audio radio satellite service that the new service would not affect local broadcasting because ``the ability to offer local content will give terrestrial broadcasters a competitive advantage''. (10) Digital audio radio satellite service licensees have announced plans to offer local traffic and weather channels through the use of their satellites. (11) Developments in receiver technology will enable digital audio radio satellite service licensees to offer new services in the future, including localized content that may be intermixed with other national content or that would be selected based on the listener's location. SEC. 3. LIMITS ON LOCALIZED DIGITAL AUDIO RADIO SATELLITE SERVICE PROGRAMMING. The Federal Communications Commission shall revise section 25.144 of its regulations (47 C.F.R. 25.144) to provide that-- (1) digital audio radio satellite service licensees shall not, using any capability either on a satellite or in a radio receiver, provide services that are locally differentiated or that result in programming being delivered to consumers in one geographic market that is different from the programming that is delivered to consumers in any other geographic market; and (2) digital audio radio satellite service repeaters shall be restricted to simultaneously retransmitting the programming transmitted by satellite directly to digital audio radio satellite service subscribers' receivers, and may not be used to distribute any information not also transmitted to all subscribers' receivers. SEC. 4. FEDERAL COMMUNICATIONS COMMISSION RULEMAKING ON LOCAL SERVICES BY SATELLITE PROVIDERS. Within 270 days after the date of enactment of this Act, the Federal Communications Commission shall complete a rulemaking proceeding to determine whether digital audio radio satellite service licensees should be permitted to provide locally oriented services on nationally distributed channels, taking into account-- (1) the impact of locally oriented satellite radio services on the viability of local radio broadcast stations and their ability to provide news and other services to the public; (2) the ability of digital audio radio satellite service licensees to afford listeners the same emergency and other information as is afforded listeners of local broadcast radio stations; (3) whether digital audio radio satellite service licensees committed to providing only national services in order to obtain authorization for their service; and (4) whether the same level and quality of emergency communications services could be provided to consumers by digital audio radio satellite service licensees as by local broadcast radio stations.

Local Emergency Radio Service Preservation Act of 2004 - Directs the Federal Communications Commission (FCC) to revise its regulations to provide that digital audio radio satellite service (DARSS): (1) licensees shall not provide services that are locally differentiated or that result in programming being delivered to consumers in one geographic market that is different from programming delivered in any other geographic market; and (2) repeaters shall be restricted to simultaneously retransmitting the programming transmitted by satellite directly to DARSS subscribers' receivers. Requires the FCC to complete a rulemaking proceeding to determine whether DARSS licensees should be permitted to provide locally oriented services on nationally distributed channels, taking into account, among other things, the ability of such licensees to afford listeners the same emergency and other information as is afforded listeners of local broadcast stations.

To preserve local radio broadcast emergency and other services and to require the Federal Communications Commission to conduct a rulemaking for that purpose.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sandra Day O'Connor Civic Learning Act of 2015''. SEC. 2. CIVIC LEARNING GRANTS. (a) In General.--Subpart 3 of part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6711 et seq.) is amended-- (1) by repealing sections 2341 through 2344 and inserting the following: ``SEC. 2341. CIVIC LEARNING GRANTS. ``(a) In General.--The Secretary may award competitive grants to eligible entities for the development and implementation of programs to promote civic learning and engagement, American history, geography, and economics. ``(b) Use of Funds.--An eligible entity shall use a grant received under this section to develop and implement a program to promote civic learning and engagement, American history, geography, or economics through instruction, professional development, and evaluation activities that promote any of the following: ``(1) Equity through access to funding and program benefits, including-- ``(A) programs that meet the needs of students with divergent learning styles, students of varying ethnic, racial, and socio-economic backgrounds, and students who are English language learners; and ``(B) resources that serve student populations that have not traditionally received opportunities for high quality, engaging instruction in civics, history, geography or economics, with a special emphasis on inner-city and rural underserved students. ``(2) Innovation through design, settings, and delivery, including service learning, interactive on-line programming, and other approaches to engaging students in active learning and civic participation. ``(3) Scalability through broad, cost-effective implementation and institutionalization, including-- ``(A) use of the latest technological developments; ``(B) an emphasis on programs designed to address relevant State and National educational standards; and ``(C) utilization of low per-participant cost models of expanding the number of active students and teachers. ``(4) Accountability through assessment and identification of best practice models, including-- ``(A) independent research and evaluation to help assess the effects of civic education programs on students' knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; ``(B) identifying techniques that succeed with traditionally underserved student populations; and ``(C) evaluation of teachers' knowledge and the adequacy of the teaching facility. ``(c) Definition of Eligible Entity.--In this section, the term `eligible entity' means a nonprofit educational organization.''; and (2) by redesignating sections 2345 and 2346 as sections 2342 and 2343, respectively. (b) Conforming Changes.-- (1) Section 2342 of such Act (20 U.S.C. 6715), as redesignated by subsection (a)(2), is amended-- (A) in subsection (a)-- (i) by striking ``organizations described in section 2343(a)(3)'' each place it appears and inserting ``organizations experienced in the development of curricula and programs in civics and government education and economic education for students in elementary schools and secondary schools in countries other than the United States''; and (ii) by striking ``use funds made available under grants or contracts under section 2343 to''; (B) in subsection (b), by striking ``the Center for Civic Education, the National Council on Economic Education, and organizations described in section 2343(a)(3)'' and inserting ``an entity specified in subsection (a)''; (C) in subsection (e), by striking ``described in section 2343'' and inserting ``specified in subsection (a)''; and (D) in subsection (f)(2), by striking ``the Center for Civic Education, the National Council on Economic Education, or organizations described in section 2343(a)(3)'' and inserting ``an entity specified in subsection (a)''. (2) The table of contents of such Act (20 U.S.C. 6301 et seq.) is amended by striking the items relating to sections 2341 through 2346 and inserting the following: ``2341. Civic learning grants. ``2342. Cooperative civic education and economic education exchange programs. ``2343. Authorization of appropriations.''. (c) Authorization of Appropriations.--Section 2343 of such Act (20 U.S.C. 6716), as redesignated by subsection (a)(2), is amended to read as follows: ``SEC. 2343. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for each of fiscal years 2016 through 2021-- ``(1) $28,500,000 for grants under section 2341; and ``(2) $1,500,000 for programs under section 2342.''.

Sandra Day O'Connor Civic Learning Act of 2015 This bill amends part C (Innovation for Teacher Quality) of title II of the Elementary and Secondary Education Act of 1965 to repeal the We the People civic education program and replace it with a competitive grant program to promote civic learning and engagement, American history, geography, and economics. The bill authorizes the Department of Education to award grants to nonprofit educational organizations to develop and implement such programs through instruction, professional development, and evaluation activities that promote equity, innovation, scalability, and accountability.

Sandra Day O'Connor Civic Learning Act of 2015

SECTION 1. CONVEYANCE OF LAND COMPRISING SUBTROPICAL HORTICULTURE RESEARCH STATION. (a) Definitions.--In this section: (1) County.--The term ``County'' means Miami-Dade County in the State of Florida. (2) Property.--The term ``Property'' means approximately 2 acres, more or less, of the federally owned land comprising the Subtropical Horticulture Research Station in the County, which-- (A) has been mutually delineated by the Secretary and the authorized representative of the County; and (B) fronts on SW 67th Avenue in Palmetto Bay, Florida. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Property Conveyance.-- (1) In general.--Not later than 120 days after the date on which the County deposits the consideration under paragraph (2) and cost reimbursement provided in this section with the Department of Agriculture, the Secretary shall convey and quitclaim to the County, all rights, title, and interests of the United States in the Property, subject to easements and rights of record and such other reservations, terms, and conditions as the Secretary may prescribe. (2) Consideration.-- (A) In general.--As consideration for the conveyance of the Property, the County shall pay to the Secretary an amount in cash equal to the market value of the property. (B) Appraisal.--To determine the market value of the Property, the Secretary shall have the Property appraised for the highest and best use of the Property in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference. The approved appraisal shall at all times be the property of the United States. (3) Corrections.--With the agreement of the County, the Secretary may make minor corrections or modifications to the legal description of the Property. (4) Costs.-- (A) Transaction costs.--Except as provided in subparagraph (C), the County shall, at closing for the conveyance of the Property under this section, pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized by this section, including the transaction costs of appraisal, title, hazardous substances examination, and closing costs. (B) Administrative costs.--In addition to transaction costs under subparagraph (A), the County shall pay administrative costs in the liquidated amount of $50,000. (C) Attorneys' fees.--The County and the Secretary shall each bear their own attorneys' fees. (5) Survey.--The County shall, at its cost, survey the exterior boundaries of the Subtropical Horticulture Research Station and the Property in accordance with Federal survey standards and to the satisfaction of the Secretary, and shall provide to the Secretary certified originals with signature and raised seal. (6) Release.--The County, by a recordable instrument that the Secretary determines is satisfactory, shall release the Department of Agriculture from the instrument dated September 8, 2006, titled ``Unity of Title''. (7) Security fencing.--On or before closing for the conveyance of the Property under this section, the County shall, at its cost, contract for the construction of a security fence located on the boundary between the Property and the adjacent land administered by the Secretary. The fence shall be of materials and standards approved in advance by the Secretary. The Secretary may approve temporary security structures for use during construction phases of the fence. (8) Other terms.--The Secretary and the County may otherwise effect the purpose of this section on such additional terms as are mutually acceptable and which are not inconsistent with the provisions of this section. (c) Receipts.-- (1) In general.--The Secretary shall deposit all funds received from the conveyance authorized under this section, including the market value consideration and the reimbursement for costs, into the Treasury of the United States to be credited to the appropriation for the Agricultural Research Service. (2) Use of funds.--Notwithstanding any limitation in applicable appropriation Acts for the Department of Agriculture or the Agricultural Research Service, all funds deposited into the Treasury pursuant to subsection (b) shall be available to the Secretary until expended, without further appropriation, for the operation, upkeep, and maintenance of the Subtropical Horticulture Research Station.

Directs the Secretary of Agriculture (USDA) to convey to Miami-Dade County, Florida, federally owned land comprising the Subtropical Horticulture Research Station in Miami-Dade County, Florida. Directs the County to pay specified costs.

To direct the Secretary of Agriculture to convey to Miami- Dade County certain federally owned land in Florida, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sabine National Forest Land Exchange Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Authority.--The term ``Authority'' means the Sabine River Authority of Texas. (2) Federal land.--The term ``Federal land'' means-- (A) the approximately 4,000 acres of National Forest System land, excluding the mineral estate and including the wilderness area, located within the Sabine National Forest and the Toledo Bend Project boundary in Texas, as generally depicted on the map entitled ``Sabine National Forest Toledo Bend Project Strip Lands''; and (B) certain additional Federal land occupied by Forest Service campgrounds, including all structures, buildings, fixtures, roads, and other improvements on the land, adjacent to the Toledo Bend Project, as mutually agreed by the Secretary and the Authority, and as generally depicted on the map entitled ``Sabine National Forest Campgrounds, Toledo Bend Project''. (3) Non-federal land.--The term ``non-Federal land'' means the surface estate of a parcel or parcels of private land adjacent to Sabine National Forest that is-- (A) owned or to be acquired by the Authority; and (B) mutually agreed upon by the Authority and the Secretary. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (5) Toledo bend project.--The term ``Toledo Bend Project'' means the Federal Energy Regulatory Commission project numbered 2305. (6) Wilderness area.--The term ``wilderness area'' means the Indian Mounds Wilderness Area, Sabine National Forest, as designated by section 2(4) of the Texas Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-574). (7) Wilderness candidate land.--The term ``wilderness candidate land'' means the surface estate of land adjacent to the wilderness area, to be mutually agreed upon by the Authority and the Secretary, that is owned or to be acquired by the Authority. SEC. 3. LAND EXCHANGE, SABINE NATIONAL FOREST. (a) In General.--In exchange for the non-Federal land, wilderness candidate land, and any cash equalization payment authorized under subsection (d), the Secretary shall convey to the Authority all right, title, and interest of the United States in and to the Federal land. (b) Existing Rights.--The conveyance of the Federal land under subsection (a) shall be subject to valid existing rights. (c) Implementation.-- (1) Appraisal.-- (A) Deadline.--Not later than 180 days after the date of enactment of this Act, the Secretary shall complete an appraisal of the surface estate of the Federal land, non-Federal land, and wilderness candidate land. (B) Standards.--The appraisal under this paragraph shall be performed in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; (ii) the Uniform Standards of Professional Appraisal Practice; and (iii) appraisal instructions issued by the Secretary. (C) Effect of restrictive covenant.--In determining the value of the Federal land, the Secretary shall account for the limitations on the use of the Federal land after conveyance imposed by the restrictive covenant required under subsection (e)(3). (2) Survey.--The exact acreage and legal description of the Federal land, non-Federal land, and wilderness candidate land to be conveyed under subsection (a) shall be determined by surveys or other means of identifying and describing the land mutually agreed to by the Secretary and the Authority. (3) Costs.--The costs of conducting the land exchange under subsection (a) shall be shared equally between the Authority and the Secretary. (d) Cash Equalization.-- (1) Equal value exchange.--The land exchange under subsection (a) shall be conducted on an equal value basis. (2) Limits waived.--The values of the land to be exchanged under subsection (a) may be equalized through the use of a cash equalization payment in an amount in excess of the statutory limit specified in section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). (3) Disposition and use of funds.--Any cash equalization payment received by the Secretary under this subsection shall be-- (A) deposited into the fund established under Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and (B) available to the Secretary for expenditure, without further appropriation and until expended, for the acquisition of land or interests in land for addition to the National Forest System. (e) Title.-- (1) In general.--Title to the non-Federal land conveyed to the Secretary under this section shall-- (A) be acceptable to the Secretary; and (B) conform to the title approval standards of the Attorney General applicable to land acquisitions by the Federal Government. (2) Reservation of mineral estate.--The deed of conveyance that conveys the Federal land to the Authority shall reserve any subsurface mineral estate owned by the United States in the Federal land, including oil, gas, rock, sand, and gravel. (3) Restrictive covenant.-- (A) In general.--In the deed of conveyance that conveys the Federal land to the Authority, the Secretary shall include a covenant, running with the land, providing that the Federal land conveyed shall-- (i) be used in a manner consistent with the management of adjacent National Forest System land or wilderness area land; (ii) remain unsubdivided; and (iii) not be used for commercial, residential, or industrial development. (B) Effect.--The restrictive covenant described in subparagraph (A) shall not create any property interest of the United States. (f) Continued Campground Operation.--The Authority may continue to operate and maintain the Forest Service campgrounds described in section 2(2)(B) and conveyed under subsection (a) consistent with the authorization granted by the Federal Energy Regulatory Commission. (g) Time for Completion.--It is the intent of Congress that the land exchange under subsection (a) shall be completed not later than 1 year after the date of enactment of this Act. SEC. 4. BOUNDARY ADJUSTMENT, INDIAN MOUNDS WILDERNESS AREA, SABINE NATIONAL FOREST. (a) Boundary Adjustment.--On completion of the land exchange under section 3(a), the Secretary shall modify the boundaries of the wilderness area-- (1) to exclude all wilderness area land that, before the date of the exchange, was located within the Toledo Bend Project, with the land excluded under this paragraph to be removed from wilderness designation and ceasing to be part of the wilderness area and the National Wilderness Preservation System under the Wilderness Act (16 U.S.C. 1131 et seq.); and (2) to include as part of the wilderness area all wilderness candidate land acquired by the Secretary under section 3(a), with the land included under this paragraph to be designated as wilderness and as a component of the National Wilderness Preservation System. (b) Map and Legal Description.-- (1) Required.--As soon as practicable after the date of completion of the land exchange under section 3(a), the Secretary shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the changes made to the boundaries of the wilderness area as a result of the land exchange. (2) Force and effect.--The map and legal description filed under paragraph (1) 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 legal description. (3) Public inspection.--The map and legal description also shall be on file and available for public inspection in the appropriate offices of the Forest Service.

Sabine National Forest Land Exchange Act of 2013 - Requires a land exchange between the Secretary of Agriculture (USDA) and the Sabine River Authority of Texas involving the Sabine National Forest, the Indian Mounds Wilderness Area, and the Toledo Bend Project in Texas. Requires the costs of the land exchange to be shared equally between the Authority and the Secretary, and the land exchange to be conducted on an equal value basis.

Sabine National Forest Land Exchange Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boko Haram Disarmament and Northeast Nigeria Recovery Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On the night of April 14, 2014, 276 female students, most of them between 15 and 18 years old, were abducted by Boko Haram from the Chibok Government Girls Secondary School, a boarding school located in Borno state in the Federal Republic of Nigeria. (2) All public secondary schools in Borno state were closed in March 2014 because of increasing attacks by Boko Haram that killed hundreds of students, but the schoolgirls returned to school, despite the potential dangers, determined to pursue their education. (3) Boko Haram has claimed responsibility for subsequent kidnappings in the region. (4) Boko Haram leaders have threatened to sell the kidnapped schoolgirls into slavery and according to reports, has previously kept female hostages as slaves and committed sexual violence against them. (5) Boko Haram seems determined to carry out sophisticated and deadly attacks and to expand its area of operation. (6) Boko Haram has targeted schools, mosques, churches, villages, and agricultural centers, as well as government facilities, in hopes of creating an Islamic state in northern Nigeria. (7) There are estimates that Boko Haram has killed more than 4,000 people since 2011, and more than 2,000 people this year alone. (8) There is a possibility that many of the girls may have been taken into neighboring countries. (9) Boko Haram and other terrorist organizations pose a growing threat to United States interests in the region, as well as to broader regional peace and security. (10) In an effort to locate the kidnapped schoolgirls, the United States authorized the deployment of up to 80 military personnel to Chad in order to help with intelligence and surveillance. (11) The United States military have provided training, equipment, and other support for counter-terrorism units in the Sahel region to combat Al Qaeda affiliates and related groups in Africa. (12) Cameroon, Niger, and Chad have deployed troops in an effort to secure their borders against Boko Haram. (13) The United States named several individuals linked to Boko Haram as Specially Designated Global Terrorists in 2012 and designated Boko Haram as a Foreign Terrorist Organization in November 2013. (14) On May 22, 2014, the United Nations Security Council added Boko Haram to the 1267 sanctions list, a list of Al Qaeda-linked terrorist organizations subject to weapons embargoes, travel bans, and asset freezes. (15) The Senate and House have both passed resolutions condemning Boko Haram and the abduction of female students by the group from schools in the northeastern province of Borno in the Federal Republic of Nigeria. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to work vigorously for a lasting resolution to the conflict in northeast Nigeria and other Boko Haram-affected areas by-- (1) eliminating the threat posed by Boko Haram to civilians and regional stability through political, economic, humanitarian, law enforcement, military, and intelligence support for a comprehensive multilateral effort to protect civilians in affected areas and to defeat and demobilize Boko Haram fighters; (2) supporting efforts to rescue those individuals who have been abducted by Boko Haram; and (3) further supporting comprehensive reconstruction, transitional justice, development and humanitarian programs, and reconciliation efforts. SEC. 4. REQUIREMENT OF A REGIONAL STRATEGY FOR DEFEATING BOKO HARAM. (a) Requirement for Strategy.--Not later than 90 days after the date of the enactment of this Act, the President shall develop and submit to the appropriate committees of Congress a regional strategy to guide United States support for multilateral efforts to protect civilians from attacks by Boko Haram, to eliminate the threat to civilians and regional stability posed by Boko Haram, and to enforce the rule of law and ensure full humanitarian access in areas affected by Boko Haram. (b) Content of Strategy.--The strategy should include the following: (1) A plan to work with Nigeria and other international partners to find Boko Haram's kidnapping victims and liberate them and a viable plan to protect civilians and eliminate the threat posed by Boko Haram. (2) An interagency framework to plan, coordinate, and execute all diplomatic, economic, intelligence, development, humanitarian, law enforcement, and military elements of United States policy across the region regarding Boko Haram. (3) A framework to evaluate the progress and effectiveness of the United States strategy toward eliminating the threat posed by Boko Haram. (c) Form.--The strategy under this section shall be submitted in unclassified form, but may include a classified annex. SEC. 5. HUMANITARIAN ASSISTANCE FOR AREAS AFFECTED BY BOKO HARAM. (a) Authority.--In accordance with section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) and section 2 of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601), the President is authorized to provide humanitarian and development assistance to the populations in areas affected by Boko Haram. (b) Availability of Amounts.-- (1) In general.--Amounts equivalent to the funds received by the United States Government pursuant to the final judgment in the case specified in paragraph (2) shall, notwithstanding any other provision of law, be made available to carry out this section. (2) Case.--The case referred to in paragraph (1) is United States of America v. All Assets Held in Account Number 80020796, in name of Doraville Properties Corporation, at Deutsche Bank International, Limited in Jersey, Channel Islands, and All Interest, Benefits, or Assets Traceable Thereto, et al., Case No. 1:13-cv-01832-JDB (D.D.C.). SEC. 6. ASSISTANCE FOR RECOVERY AND RECONSTRUCTION IN AREAS AFFECTED BY BOKO HARAM. (a) Authority.--It is the sense of Congress that the President should support efforts by the people of Boko Haram-affected areas and the Governments of Nigeria, Chad, Cameroon, and Niger, as security conditions permit-- (1) to assist internally displaced people and returnees in securing durable solutions by spurring economic growth, supporting livelihoods, helping to alleviate poverty, and promoting access to basic services in northeast Nigeria, including education and employment opportunities; (2) to enhance the accountability and administrative competency of state and local governance institutions and public agencies in northeast Nigeria with regard to budget management, provision of public goods and services, and related oversight functions; (3) to provide all children with a quality basic education while ensuring the safety of students and school faculty; (4) to strengthen the operational capacity of the civilian police in Nigeria to enhance public safety, prevent crime and communal and sectarian violence, and deal sensitively with gender-based violence, while strengthening accountability measures to prevent corruption and abuses; and (5) to promote programs to address physical harm and psychosocial trauma, including post-traumatic stress disorder. (b) Future Year Funding.--It is the sense of Congress that the Secretary of State and Administrator of the United States Agency for International Development should work with the appropriate committees of Congress to increase assistance in future fiscal years to support activities described in this section if the Government of Nigeria demonstrates a commitment to transparent and accountable reconstruction in Boko Haram-affected areas of Nigeria, specifically by-- (1) increasing oversight activities and reporting to ensure funds used to combat Boko Haram are used efficiently and with minimal waste; and (2) committing substantial funds of its own, above and beyond standard budget allocations to state and local governments, for the task of combating Boko Haram and rebuilding those regions affected by Boko Haram attacks. (c) Coordination With Other Donor Nations.--The United States should work with other donor nations, on a bilateral and multilateral basis, to increase contributions for recovery efforts in northeast Nigeria and other areas affected by Boko Haram, and strengthen accountability mechanisms to ensure the transparent and timely use of those funds. (d) Termination of Assistance.--It is the sense of Congress that the Secretary of State should withhold bilateral assistance to Nigeria for the purposes described under this section if the Secretary determines that the Government of Nigeria is not committed to transparent and accountable reconstruction and reconciliation in the Boko Haram-affected areas of Nigeria. SEC. 7. REPORT. (a) Report Required.--Not later than 1 year after the submission of the strategy required under section 4, the Secretary of State shall prepare and submit to the appropriate committees of Congress a report on the progress made toward the implementation of the strategy required under section 4 and a description and evaluation of the assistance provided under this Act toward the policy objectives described in section 3. (b) Contents.--The report required under section (a) shall include-- (1) a description and evaluation of actions taken toward the implementation of the strategy required under section 4; (2) a description of assistance provided under section 5 and section 6; (3) an evaluation of bilateral assistance provided to Nigeria and associated programs in light of stated policy objectives; and (4) a description of amounts of assistance committed, and amounts provided, to Nigeria during the reporting period by the Government of Nigeria, each donor country, and all relevant organizations. SEC. 8. DEFINITION. In this Act, the term ``appropriate committees of Congress'' means-- (1) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Appropriations and the Committee on Foreign Relations of the Senate.

Boko Haram Disarmament and Northeast Nigeria Recovery Act of 2014 - Directs the President to develop and submit to Congress a regional strategy to guide U.S. support for multilateral efforts to: (1) eliminate the threat to civilians and regional stability from Boko Haram, and (2) enforce the rule of law and ensure full humanitarian access in Boko Haram-affected areas. States that such strategy should include a plan to work with Nigeria and other international partners to liberate Boko Haram's kidnapping victims. Authorizes the President to provide humanitarian and development assistance to the populations in Boko Haram-affected areas. Makes funds available for such assistance pursuant to final judgment of a specified legal case. Expresses the sense of Congress that the President should support efforts by the people of Boko Haram-affected areas and the governments of Nigeria, Chad, Cameroon, and Niger to: assist internally displaced people and returnees; enhance the administrative competency of state and local governance institutions and public agencies in northeast Nigeria; provide all children with a quality basic education while ensuring student and faculty safety; strengthen the operational capacity of the civilian police in Nigeria, and strengthen measures to prevent corruption; and promote programs to address physical harm and psychosocial trauma. Expresses the sense of Congress that: the Secretary of State and Administrator of the U.S. Agency for International Development (USAID) should work with Congress to increase future assistance to support reconstruction activities if Nigeria demonstrates a commitment to transparent reconstruction in Boko Haram-affected areas of Nigeria, and the Secretary should withhold assistance if Nigeria is not committed to transparent reconstruction and reconciliation in the Boko Haram-affected areas of Nigeria.

Boko Haram Disarmament and Northeast Nigeria Recovery Act of 2014

SECTION 1. STATE OPTION TO EXTEND CURRENT TANF WAIVERS AND CREATION OF NEW WAIVER AUTHORITY. Section 415 of the Social Security Act (42 U.S.C. 615) is amended by adding at the end the following: ``(e) State Option to Continue Waivers.-- ``(1) In general.--Notwithstanding paragraphs (1)(A) and (2)(A) of subsection (a), or any other provision of law, but subject to subsection (g), with respect to any State that is operating under a waiver described in paragraph (2) which would otherwise expire on a date that occurs during the period that begins on January 1, 2002, and ends on September 30, 2010, the State may elect to continue to operate under that waiver, on the same terms and conditions as applied to the waiver the day before the date the waiver would otherwise expire, through the earlier of such date as the State may select or September 30, 2010. ``(2) Waiver described.--For purposes of paragraph (1), a waiver described in this paragraph is-- ``(A) a waiver described in subsection (a); or ``(B) a waiver that was granted to a State under section 1115 or otherwise and that relates only to the provision of assistance under a State program under this part. ``(f) Waiver Authority for All States.-- ``(1) In general.--Except as provided in paragraph (3) and subsection (g), the Secretary may waive any statutory or regulatory requirement of this part at the request of a State or Indian tribe operating a State or tribal program funded under this part. ``(2) Request for waiver.-- ``(A) In general.--A State or Indian tribe that wishes to seek a waiver with respect to a State or tribal program funded under this part shall submit a waiver request to the Secretary that-- ``(i) describes the Federal statutory or regulatory requirements proposed to be waived; ``(ii) describes how the waiving of such requirements will improve or enhance achievement of 1 or more of the purposes of this part; ``(iii) describes the State's proposal for an independent evaluation of the program under the waiver; and ``(iv) in the case of a State, includes a copy and description of relevant State statutes and, if applicable, State regulations that would allow the State to implement the waiver if it were approved by the Secretary. ``(B) Notice and comment.--The Secretary shall provide through the Federal Register for a 30-day period for notice and comment on the waiver request, and otherwise consult with members of the public, to solicit comment on the waiver request prior to acting on the request. ``(3) Restrictions.-- ``(A) In general.--The Secretary shall not waive the following statutory sections or any regulatory requirements related to such sections: ``(i) Section 401(a). ``(ii) Paragraphs (1) through (4) of section 403(a). ``(iii) Section 407(e)(2). ``(iv) Section 407(f). ``(v) Section 408(d). ``(vi) Section 409(a)(7). ``(4) Duration and extension of waiver.-- ``(A) In general.--Except as provided in subparagraph (B), a waiver approved by the Secretary under this subsection may be for a period not to exceed 5 years. ``(B) Extension.--The Secretary may extend the period described in subparagraph (A) if the Secretary determines that the waiver has been effective in enabling the State or Indian tribe to carry out the activities for which the waiver was requested and the waiver has improved or enhanced performance related to 1 or more of the purposes of this part. ``(5) Approval procedure.-- ``(A) In general.--Not later than 60 days after the date of receiving a request for a waiver under this subsection, the Secretary shall provide a response that-- ``(i) approves the waiver request; ``(ii) provides a description of modifications that would be necessary in order to secure approval for the waiver; ``(iii) denies the request and describes the grounds for the denial; or ``(iv) requests clarification of the waiver request. ``(B) Approval decisions.--The Secretary shall not approve any waiver request that does not include all the information required in subparagraph (2)(A) and shall take into account how the waiver is likely to further the purposes of section 401(a) and comments received regarding the waiver request. ``(C) Waiver approvals and denials.--All waiver approvals and denials shall be made publicly available by the Secretary. ``(6) Reports on projects.--The Secretary shall provide annually to Congress a report concerning waivers approved under this subsection, including-- ``(A) the projects approved and denied for each applicant; ``(B) the number of waivers granted under this subsection; ``(C) the specific statutory provisions waived; and ``(D) descriptive information about the nature and status of approved waivers, including findings from interim and final evaluation reports. ``(g) Cost-Neutrality Requirement.-- ``(1) General rule.--Notwithstanding any other provision of law (except as provided in paragraph (2)), the total of the amounts that may be paid by the Federal Government for a fiscal year with respect to the programs in a State for which a waiver has been granted under subsection (e) or (f) shall not exceed the estimated total amount that the Federal Government would have paid for the fiscal year with respect to the programs if the waiver had not been granted, as determined by the Director of the Office of Management and Budget. ``(2) Special rule.--If an applicant submits to the Director of the Office of Management and Budget a request to apply the rules of this paragraph to the programs in the State with respect to which a waiver under subsection (e) or (f) has been provided, during such period of not more than 5 consecutive fiscal years in which the waiver is in effect, and the Director determines, on the basis of supporting information provided by the applicant, to grant the request, then, notwithstanding any other provision of law, the total of the amounts that may be paid by the Federal Government for the period with respect to the programs shall not exceed the estimated total amount that the Federal Government would have paid for the period with respect to the programs if the waiver had not been granted.''.

Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to provide a state option to extend current waivers through FY2010, and create additional waiver authority under the TANF program.

To amend part A of title IV of the Social Security Act to provide a State option to extend current waivers and create additional waiver authority under the temporary assistance for needy families program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``10 Million-Solar Roofs Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1)(A) there is huge potential for increasing the quantity of electricity produced in the United States from distributed solar photovoltaics; and (B) the use of photovoltaics on the roofs of 10 percent of existing buildings could meet 70 percent of peak electric demand; (2) investment in solar photovoltaics technology will create economies of scale that will allow the technology to deliver electricity at prices that are competitive with electricity from fossil fuels; (3) electricity produced from distributed solar photovoltaics helps to reduce greenhouse gas emissions and does not emit harmful air pollutants, such as mercury, sulfur dioxide, and nitrogen oxides; (4) electricity produced from distributed solar photovoltaics enhances national energy security; (5) investments in renewable energy stimulate the development of green jobs that provide substantial economic benefits; (6)(A) rebate programs in several States have been successful in increasing the quantity of solar energy from distributed photovoltaics; (B) the State of California has used rebate programs to install nearly 300 megawatts of grid-connected photovoltaics since 2000; and (C) the State of New Jersey has installed nearly 50 megawatts of grid-connected photovoltaics since 2001, including 20 megawatts in 2007 alone; and (7) Germany has installed nearly 4,000 megawatts of distributed solar photovoltaics and sustained an annual growth rate approaching 67 percent since enacting aggressive laws to encourage photovoltaic installations SEC. 3. REBATES FOR PURCHASE AND INSTALLATION OF PHOTOVOLTAIC SYSTEMS. (a) In General.--The Secretary of Energy (referred to in this Act as the ``Secretary'') shall establish a program under which the Secretary shall provide rebates to eligible individuals or entities for the purchase and installation of photovoltaic systems for residential and commercial properties in order to install, over the 10-year period beginning on the date of enactment of this Act, at least an additional 10,000,000 solar systems in the United States (as compared to the number of solar systems installed in the United States as of the date of enactment of this Act) with a cumulative capacity of at least 30,000 megawatts. (b) Eligibility.-- (1) In general.--To be eligible for a rebate under this section-- (A) the recipient of the rebate shall be a homeowner, business, nonprofit entity, or State or local government that purchased and installed a photovoltaic system for a property located in the United States; (B) the total capacity of the photovoltaic system for the property shall not exceed 4 megawatts; (C) the buildings on the property for which the photovoltaic system is installed shall-- (i) in the case of a new or renovated building, achieve a rating of not less than 75 under the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) (or an equivalent rating under an established benchmarking metric); and (ii) in the case of any building not described in clause (i), be retrofitted to achieve a rating improvement of not less than 30 points under the Energy Star program (or an equivalent improvement under an established benchmarking metric); and (D) the recipient of the rebate shall meet such other eligibility criteria as are determined to be appropriate by the Secretary. (2) Other entities.--After public review and comment, the Secretary may identify other individuals or entities located in the United States that qualify for a rebate under this section. (c) Amount.-- (1) In general.--Subject to paragraph (2), the amount of a rebate provided to an eligible individual or entity for the purchase and installation of a photovoltaic system for a property under this section shall be at least $3 for each watt of installed capacity. (2) Maximum amount.--The total amount of a rebate provided to an eligible individual or entity for the purchase and installation of a photovoltaic system for a property under this section shall not exceed 50 percent of the cost of the purchase and installation of the system. (d) Relationship to Other Law.--The authority provided under this section shall be in addition to any other authority under which credits or other types of financial assistance are provided for installation of a photovoltaic system for a property. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

10 Million-Solar Roofs Act of 2008 - Requires the Secretary of Energy to establish a program to provide rebates (for each watt of installed capacity) to eligible individuals or entities for the purchase and installation of photovoltaic systems, over a 10-year period, of at least an additional 10 million solar systems in the United States with a cumulative capacity of at least 30,000 megawatts. Provides eligibility requirements for homeowners, businesses, nonprofit entities, and state and local governments. Sets minimum Energy Star or equivalent ratings that must be achieved by the buildings for which the photovoltaic system is installed. Limits the total amount of a rebate to 50 percent of the purchase and installation cost of the system.

A bill to increase the quantity of solar photovoltaic electricity by providing rebates for the purchase and installation of an additional 10,000,000 photovoltaic systems by 2018.

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Provides for the addition of specified lands within (and deletion of the Bloomer House from) the Women's Rights National Historical Park in New York. Authorizes additional appropriations for the Park for land acquisition and development.

A bill to improve the administration of the Women's Rights National Historical Park in the State of New York, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FDIC Enforcement Enhancement Act''. SEC. 2. ENFORCEMENT AGAINST MISREPRESENTATIONS REGARDING FDIC DEPOSIT INSURANCE COVERAGE. (a) In General.--Section 18(a) of the Federal Deposit Insurance Act (12 U.S.C. 1828(a)) is amended by adding at the end the following new paragraph: ``(4) False advertising, misuse of fdic names, and misrepresentation to indicate insured status.-- ``(A) Prohibition on false advertising and misuse of fdic names.--No person may-- ``(i) use the terms `Federal Deposit', `Federal Deposit Insurance', `Federal Deposit Insurance Corporation', any combination of such terms, or the abbreviation `FDIC' as part of the business name or firm name of any person, including any corporation, partnership, business trust, association, or other business entity; or ``(ii) use such terms or any other sign or symbol as part of an advertisement, solicitation, or other document, to represent, suggest or imply that any deposit liability, obligation, certificate or share is insured or guaranteed by the Federal Deposit Insurance Corporation, if such deposit liability, obligation, certificate, or share is not insured or guaranteed by the Corporation. ``(B) Prohibition on misrepresentations of insured status.--No person may knowingly misrepresent-- ``(i) that any deposit liability, obligation, certificate, or share is federally insured, if such deposit liability, obligation, certificate, or share is not insured by the Corporation; or ``(ii) the extent to which or the manner in which any deposit liability, obligation, certificate, or share is insured by the Federal Deposit Insurance Corporation, if such deposit liability, obligation, certificate, or share is not insured by the Corporation to the extent or in the manner represented. ``(C) Authority of fdic.--The Corporation shall have-- ``(i) jurisdiction over any person that violates this paragraph, or aids or abets the violation of this paragraph; and ``(ii) for purposes of enforcing the requirements of this paragraph with regard to any person-- ``(I) the authority of the Corporation under section 10(c) to conduct investigations; and ``(II) the enforcement authority of the Corporation under subsections (b), (c), (d) and (i) of section 8, as if such person were a state nonmember insured bank. ``(D) Other actions preserved.--No provision of this paragraph shall be construed as barring any action otherwise available, under the laws of the United States or any State, to any Federal or State law enforcement agency or individual.''. (b) Enforcement Orders.--Section 8(c) of the Federal Deposit Insurance Act (12 U.S.C. 1818(c)) is amended by adding at the end the following new paragraph: ``(4) False advertising or misuse of names to indicate insured status.-- ``(A) Temporary order.-- ``(i) In general.--If a notice of charges served under subsection (b)(1) of this section specifies on the basis of particular facts that any person is engaged in conduct described in section 18(a)(4), the Corporation may issue a temporary order requiring-- ``(I) the immediate cessation of any activity or practice described, which gave rise to the notice of charges; and ``(II) affirmative action to prevent any further, or to remedy any existing, violation. ``(ii) Effect of order.--Any temporary order issued under this subparagraph shall take effect upon service. ``(B) Effective period of temporary order.--A temporary order issued under subparagraph (A) shall remain effective and enforceable, pending the completion of an administrative proceeding pursuant to subsection (b)(1) in connection with the notice of charges-- ``(i) until such time as the Corporation shall dismiss the charges specified in such notice; or ``(ii) if a cease-and-desist order is issued against such person, until the effective date of such order. ``(C) Civil money penalties.--Violations of section 18(a)(4) shall be subject to civil money penalties as set forth in subsection (i) in an amount not to exceed $1,000,000 for each day during which the violation occurs or continues.''. (c) Technical and Conforming Amendments.-- (1) Section 18(a)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1828(a)) is amended-- (A) by striking ``this subsection'' the first place such term appears and inserting ``paragraph (1)''; and (B) by striking ``this subsection'' the second place such term appears and inserting ``paragraph (2)''. (2) The heading for subsection (a) of section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828(a)) is amended by striking ``Insurance Logo.--'' and inserting ``Representations of Deposit Insurance.--''. Passed the House of Representatives July 16, 2007. Attest: LORRAINE C. MILLER, Clerk.

FDIC Enforcement Enhancement Act - Amends the Federal Deposit Insurance Act (FDIA) to prohibit use of the terms "Federal Deposit," "Federal Deposit Insurance," "Federal Deposit Insurance Corporation," any combination of such terms, or the abbreviation "FDIC," as part of the business name or firm name of any person or business entity, including any advertisement, solicitation, or other document. Prohibits use of such terms, or any other sign or symbol as part of a document, to represent, suggest, or imply that any deposit liability, obligation, certificate, or share is insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC) if in fact the instrument is not insured or guaranteed by the FDIC. Prohibits knowing misrepresentations of: (1) the federally insured status of any deposit liability, obligation, certificate, or share; or (2) the extent or the manner in which such instruments are insured by the FDIC. Grants the FDIC jurisdiction over any person that violates this Act, and certain enforcement authority as if the person were a state nonmember insured bank. Empowers the FDIC to issue orders requiring: (1) immediate cessation; and (2) affirmative action to prevent any further violation, or to remedy an existing one. Subjects violations of this Act to civil money penalties.

To amend the Federal Deposit Insurance Act to prevent misrepresentation about deposit insurance coverage, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Regulation Reduction, Reform, and Budget Act of 1993''. SEC. 2. AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974. (a) Federal Regulatory Budget Cost Control System.--Title III of the Congressional Budget Act of 1974 is amended by inserting before section 300 the following new center heading ``PART A--GENERAL PROVISIONS'' and by adding at the end the following new part: ``PART B--FEDERAL REGULATORY BUDGET COST CONTROL SEC. 321. OMB-CBO REPORTS. ``(a) OMB-CBO Initial Report.--Within 1 year after the date of enactment of this section, OMB and CBO shall jointly issue a report to the President and each House of Congress that contains the following: ``(1) For the first budget year beginning after the issuance of this report, a projection of the aggregate direct cost to the private sector of complying with all Federal regulations in effect immediately before issuance of the report containing the projection for that budget year of the effect of current-year Federal regulations into the budget year and the outyears based on those regulations. ``(2) A calculation of the estimated aggregate direct cost to the private sector of compliance with all Federal regulations as a percentage of the gross domestic product (GDP). ``(3) The estimated marginal cost (measured as a reduction in estimated gross domestic product) to the private sector of compliance with all Federal regulations in excess of 5 percent of the gross domestic product. ``(4) The effect on the domestic economy of different types of Federal regulation. ``(5) The appropriate level of personnel, administrative overhead, and programmatic savings that should be achieved on a fiscal year by fiscal year basis by Federal agencies that issue regulations with direct costs to the private sector through the reduction of such aggregate costs to the private sector by equal percentage increments in the 6 years following the budget year until the aggregate level of such costs does not exceed 5 percent of the estimated gross domestic product for the same fiscal year as the estimated costs that will be incurred. ``(6) Recommendations for budgeting, technical, and estimating changes to improve the Federal regulatory budgeting process. ``(b) Update Reports.--OMB and CBO shall issue update reports on September 15th of the fifth year beginning after issuance of the initial report and at 5-year intervals thereafter containing all the information required in the initial report, but based upon all Federal regulations in effect immediately before issuance of the most recent update report. ``(c) Initial Baseline Report.--Within 30 days after the date of enactment of this section, OMB and CBO shall jointly issue a report to the President and each House of Congress that contains an initial aggregate regulatory baseline for the first budget year that begins at least 120 days after that date of enactment. That baseline will be a projection of the aggregate direct cost to the private sector of complying with all Federal regulations in effect immediately before issuance of the report containing the projection for that budget year of the effect of current-year Federal regulations into the budget year and the outyears based on those regulations. ``SEC. 322. AGGREGATE REGULATORY BASELINE. ``(a) In General.--For the first budget year beginning after the date of enactment of this section and for every other fiscal year thereafter, the aggregate regulatory baseline refers to a projection of the aggregate direct cost to the private sector of complying with all Federal regulations in effect immediately before issuance of the report containing the projection for that budget year of the effect of current-year Federal regulations into the budget year and the outyears based on those regulations. However, in the case of each of the succeeding fiscal years, the baseline shall be adjusted for the estimated growth during that year in the gross domestic product (GDP) ``(b) OMB-CBO Aggregate Regulatory Baseline Reports.--(1) The first budget year for which there shall be an aggregate regulatory baseline shall be the budget year to which the initial OMB-CBO baseline report issued under section 321(c) pertains. ``(2) In the case of each budget year after the budget year referred to in paragraph (1), not later than September 15 of the current year, OMB and CBO shall jointly issue a report containing the baseline referred to in subsection (a) for that budget year. ``SEC. 323. RECONCILIATION AND ALLOCATIONS. ``(a) Reconciliation Directives.--In addition to the requirements of section 310, a concurrent resolution on the budget for any fiscal year shall specify-- ``(1) changes in laws and regulations necessary to reduce the aggregate direct cost to the private sector of complying with all Federal regulations by 6.5 percent for the budget year (as measured against the aggregate regulatory baseline for the first budget year to which this part applies) and by equal percentage increments for each of the outyears (until the aggregate level of such costs does not exceed 5 percent of the estimated gross domestic product for the same fiscal year as the estimated costs that will be incurred) for Federal agencies that issue regulations producing direct costs to the private sector; and ``(2) changes in laws necessary to achieve reductions in the level of personnel and administrative overhead and to achieve programmatic savings for the budget year and the outyears for those agencies of the following: ``(A) In the first outyear, one-fourth of the percent of reduction in regulatory authority from the aggregate regulatory base. ``(B) In the second outyear, one-third of the percent of reduction in regulatory authority from the aggregate regulatory base. ``(C) In the third, fourth, fifth, and sixth years following the budget year, one-half of the percent of reduction in regulatory authority from the aggregate regulatory base. Section 310(c) shall not apply with respect to directions made under this section. ``(b) Allocation of Totals.--(1) The Committees on the Budget of the House or Representatives and the Senate shall each allocate aggregate 2-year regulatory authority among each committee of its House and by major functional category for the first budget year beginning after the date of enactment of this section and for the second, fourth, and sixth years following the budget year and then every other year thereafter. ``(2) As soon as practicable after receiving an allocation under paragraph (1), each committee shall subdivide its allocation among its subcommittees or among programs over which it has jurisdiction. ``(c) Point of Order.--(1) It shall not be in order in the House of Representatives or the Senate to consider any bill or resolution, or amendment thereto, which would cause the appropriate allocation made under subsection (b) for a fiscal year of regulatory authority to be exceeded. ``(2) Waiver.--The point of order set forth in paragraph (1) may only be waived by the affirmative vote of at least three-fifths of the Members voting, a quorum being present. ``(d) Determinations by Budget Committees.--For purposes of this section, the level of regulatory authority for a fiscal year shall be determined by the Committee on the Budget of the House of Representatives or the Senate, as the case may be. ``(e) Exceeding Allocation Totals.--Whenever any Committee of the House of Representatives exceeds its allocation of aggregate 2-year regulatory authority under subsection (b)(1), any Member of the House of Representatives may offer a bill in the House (which shall be highly privileged, unamendable, and debateable for 30 minutes) which shall only prohibit the issuance of regulations by any agency under the jurisdiction of that committee for the fiscal years covered by that allocation until that committee eliminates its breach. ``SEC. 324. ANALYSIS OF REGULATORY COSTS BY CONGRESSIONAL BUDGET OFFICE. ``CBO shall prepare for each bill or resolution of a public character reported by any committee of the House of Representatives or the Senate (except the Committee on Appropriations of each House), and submit to such committee-- ``(1) an estimate of the costs which would be incurred by the private sector in carrying out or complying with such bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, together with the basis of each such estimate; and ``(2) a comparison of the estimate of costs described in paragraph (1) with any available estimates of costs made by such committee or by any Federal agency. ``SEC. 325. DEFINITIONS. ``As used in this part: ``(1) The term `CBO' refers to the Director of the Congressional Budget Office. ``(2) The term `OMB' refers to the Director of the Office of Management and Budget. ``(3) The term `regulatory authority' or `regulatory cost' means the direct cost to the private sector of complying with Federal regulations. ``(4) The term `direct costs' means (recognizing that direct costs are not the only costs associated with Federal regulation) all expenditures occurring as a direct result of complying with Federal regulation, rule, statement, or legislation, except those applying to the military or agency organization, management, and personnel.''. SEC. 3. PRESIDENT'S ANNUAL BUDGET SUBMISSIONS. Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(29) a regulatory authority budget analysis of the aggregate direct cost to the private sector of complying with all current and proposed Federal regulations and proposals for complying with section 323 of the Congressional Budget Act of 1974 for the budget year and the outyears.'' SEC. 4. ESTIMATION AND DISCLOSURE OF COSTS OF FEDERAL REGULATION. (a) Costs to Private Sector of New Federal Regulations.--Chapter 6 of title 5, United States Code, popularly known as the ``Regulatory Flexibility Act'', is amended-- (1) in section 603(a) in the second sentence by inserting before the period the following: ``and the monetary costs to small entities, other businesses, and individuals of complying with the proposed rule''; (2) by adding at the end of section 603 the following: ``(d) Each initial regulatory flexibility analysis shall also contain a description of the nature and amount of monetary costs that will be incurred by small entities, other businesses, and individuals in complying with the proposed rule.''; (3) in section 604(a)-- (A) in paragraph (2) by striking ``and'' after the semicolon; (B) in paragraph (3) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(4) a statement of the nature and amount of monetary costs that will be incurred by small entities, other businesses, and individuals in complying with the rule.''; and (4) in section 607 by inserting before the period the following: ``, except that estimates of monetary costs under sections 603(d) and 604(a)(4) shall only be in the form of a numerical description''. (b) Agency Reports.--Each agency that prepares an initial regulatory flexibility analysis under chapter 6 of title 5, United States Code, shall, at the same time submit to each House of Congress and to CBO and OMB a cost estimate and cost benefit analysis of any new proposed regulations that would have an aggregate direct cost to the private sector of at least $10,000,000 for any fiscal year.

Federal Regulation Reduction, Reform, and Budget Act of 1993 - Amends the Congressional Budget Act of 1974 to require the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to jointly report to the President and the Congress on direct costs to the private sector of complying with Federal regulations. Requires such reports to be issued in five-year intervals. Provides for initial and subsequent annual reports to the President and the Congress on an aggregate regulatory baseline which is a projection of the aggregate direct cost to the private sector of complying with Federal regulations for budget years and outyears. Requires a concurrent resolution on the budget to include reconciliation directives specifying changes in laws and regulations necessary to reduce such direct costs and to reduce regulatory authority from the aggregate regulatory base. Provides for the allocation of aggregate two-year regulatory authority among congressional committees. Requires the CBO to submit to the appropriate committees (except the Committees on Appropriations) an analysis of private sector regulatory costs for each public bill or resolution. Requires the President's annual budget submissions to comply with reconciliation directives. Amends the Regulatory Flexibility Act to require Federal agencies to prepare an analysis of the costs that will be incurred by small entities, other businesses, and individuals in complying with proposed agency rules. Requires the submission to the Congress and CBO and OMB of a cost estimate and cost benefit analysis of any new proposed regulations that would have an aggregate direct cost to the private sector of at least $10 million for any fiscal year.

Federal Regulation Reduction, Reform, and Budget Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disabled Veterans Employment Protection Act''. SEC. 2. RIGHTS OF PERSONS WHO RECEIVE TREATMENT FOR ILLNESSES, INJURIES, AND DISABILITIES INCURRED IN OR AGGRAVATED BY SERVICE IN THE UNIFORMED SERVICES. (a) Rights of Persons Who Receive Treatment.-- (1) In general.--Subchapter II of chapter 43 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 4320. Rights of persons absent from employment for treatment of service-connected disabilities ``(a) Retention.--Subject to subsection (e), a person who is absent from a position of employment by reason of the receipt of medical treatment for a service-connected disability is entitled to be retained by the person's employer. ``(b) Seniority.--A person who is absent from employment by reason of the receipt of medical treatment for a service-connected disability and who is entitled to be retained by the person's employer under subsection (a) is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the commencement of such treatment plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed. ``(c) Benefits.--(1) A person who is absent from a position of employment by reason of the receipt of medical treatment for a service- connected disability and who is entitled to be retained by the person's employer under subsection (a) shall be-- ``(A) deemed to be on furlough or leave of absence while receiving such treatment; and ``(B) entitled to such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan in effect at the commencement of such service or established while such person is so absent. ``(2)(A) Subject to subparagraph (C), a person described in subparagraph (B) is not entitled to rights and benefits under paragraph (1)(B). ``(B) A person described in this subparagraph is a person who-- ``(i) is absent from a position of employment by reason of the receipt of medical treatment for a service-connected disability; and ``(ii) knowingly provides written notice of intent not to return to a position of employment after receiving such treatment. ``(C) For the purposes of this paragraph, the employer shall have the burden of proving that a person knowingly provided clear written notice of intent not to return to a position of employment after being absent from employment by reason of the receipt of medical treatment and, in doing so, was aware of the specific rights and benefits to be lost under subparagraph (A). ``(3) A person deemed to be on furlough or leave of absence under this subsection while receiving medical treatment for a service- connected disability shall not be entitled under this subsection to any benefits to which the person would not otherwise be entitled if the person had remained continuously employed. ``(4) Such person may be required to pay the employee cost, if any, of any funded benefit continued pursuant to paragraph (1) to the extent other employees on furlough or leave of absence are so required. ``(5) The entitlement of a person to coverage under a health plan is provided for under section 4317 of this title. ``(d) Leave.--Any person who is absent from a position of employment with an employer by reason of the receipt of medical treatment for a service-connected disability shall be permitted, upon request of that person, to use during the period during which the person is so absent, any vacation, annual, medical, or similar leave with pay accrued by the person before the commencement of such period. No employer may require any such person to use vacation, annual, family, medical, or similar leave during such period. ``(e) Exceptions.--(1) An employer is not required to comply with the requirements of this section if-- ``(A) the employer's circumstances have so changed as to make such compliance impossible or unreasonable; ``(B) such compliance would impose an undue hardship on the employer; or ``(C) the employment from which the person is absent by reason of the receipt of medical treatment is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period. ``(2) In any proceeding involving an issue of whether (A) any compliance referred to in paragraph (1) is impossible or unreasonable because of a change in an employer's circumstances, (B) such compliance would impose an undue hardship on the employer, or (C) the employment referred to in paragraph (1)(C) is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period, the employer shall have the burden of proving the impossibility or unreasonableness, undue hardship, or the brief or nonrecurrent nature of the employment without a reasonable expectation of continuing indefinitely or for a significant period. ``(f) Limitation.--This section shall apply with respect to any absence from a position of employment with an employer by reason of the receipt of medical treatment for a service-connected disability as long as the aggregate period of such absence or absences is not more than 12 workweeks during any 12-month period.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4319 the following new item: ``4320. Rights of persons absent from employment for treatment of service-connected disabilities.''. (b) Health Plan.--Section 4317 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) This section shall apply with respect to a person who is absent from a position of employment by reason of the receipt of medical treatment for a service-connected disability (other than a person described in section 4320(c)(2)(B) of this title) on the same basis as a person who is absent from a position of employment by reason of service in the uniformed services. In the case of a person who is absent from a position of employment by reason of the receipt of medical treatment for a service-connected disability (other than a person described in section 4320(c)(2)(B) of this title), the period during which the person is so absent shall be treated as a period of service in the uniformed services for purposes of this section.''. (c) Prohibition of Discrimination and Acts of Reprisal.--Section 4311 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) by inserting after ``uniformed service'' the following: ``, or who has an illness, injury, or disability determined by the Secretary of Veterans Affairs to have been incurred in or aggravated by such service,''; and (B) by striking ``or obligation'' and inserting ``obligation, or receipt of treatment for that illness, injury, or disability''; and (2) in subsection (c)-- (A) by striking ``or obligation for service'' the first time it appears and inserting ``obligation for service, or receipt of treatment for an illness, injury, or disability determined by the Secretary of Veterans Affairs to have been incurred in or aggravated by service''; and (B) by striking ``or obligation for service'' the second time it appears and inserting ``obligation for service, or receipt of treatment''. (d) Effective Date.--The amendments made by this section shall apply with respect to medical treatment received on or after the date that is 90 days after the date of the enactment of this Act.

Disabled Veterans Employment Protection Act - Entitles a person who is absent from employment by reason of the receipt of medical treatment for a service-connected disability (absent employee) to: (1) be retained by the person's employer; (2) the seniority and other rights and benefits determined by seniority that the person had on the commencement of such treatment plus the additional seniority and rights and benefits that the person would have attained if the person had remained continuously employed; and (3) be considered on furlough or leave of absence during such treatment and therefore entitled to other rights and benefits not determined by seniority as are other persons of similar seniority, status, and pay who are on furlough or leave of absence. Terminates such entitlement when a person knowingly provides written notice of the intent not to return to such position following treatment. Allows the absent employee to use any vacation, annual, medical, or similar leave with pay accrued before the commencement of the treatment. Provides that an employer shall not be required to comply with the requirements of this Act if: (1) the employer's circumstances have so changed as to make such compliance impossible or unreasonable; (2) such compliance would pose an undue hardship on the employer; or (3) the employment in question is for a brief, nonrecurring period without a reasonable expectation of continuing indefinitely or for a significant period. Limits the application of this Act to periods of absence of not more than 12 workweeks during any 12-month period. Applies health insurance continuation requirements to absences from employment described in this Act. Prohibits any employer discrimination or acts of reprisal against an absent employee.

To amend title 38, United States Code, to provide certain rights for persons who receive treatment for illnesses, injuries, and disabilities incurred in or aggravated by service in the uniformed services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Auburn Indian Restoration Amendment Act''. SEC. 2. RESTRICTIONS ON GAMING. Section 202 of the Auburn Indian Restoration Act (25 U.S.C. 1300l) is amended by adding at the end the following new subsection: ``(g) Gaming.-- ``(1) Class II and class III gaming activities shall be lawful only on one parcel of land, which shall be taken into in trust for the Tribe pursuant to section 204(a)(1), but only if-- ``(A) prior to the time such parcel is taken into trust, the Tribe and the local government of the political jurisdiction in which the parcel is located have entered into a compact as required by section 204(e); ``(B) the gaming facility and related infrastructure on such parcel of land are located at least 2 miles from any church, school, or residence which was constructed in a residential zone and which existed on the date of the introduction to the House of Representatives of the Auburn Indian Restoration Amendment Act (June 5, 1997); ``(C) such parcel of land is specifically taken into trust for class II and class III gaming activities; and ``(D) such parcel of land is not part of the land identified in section 204(b). ``(2) If the State of California finds that class III gaming activities have been established in violation of the requirements of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on land held in trust for the Tribe, the State may institute an action in a court of competent jurisdiction for injunctive relief to enjoin all class II and class III gaming activities. If a court of competent jurisdiction determines, by a preponderance of the evidence, that Class III gaming activity has been established in violation of the requirements of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on land held in trust for the Tribe, all Class II and Class III gaming activities shall be unlawful on land held in trust for the Tribe and any such activities may be enjoined by such court. The Tribe shall not raise sovereign immunity as a defense to any such action or to the enforcement or execution of a judgment resulting from such action. ``(3) Except as provided herein, nothing in this Act shall negate or diminish in any way the Tribe's obligation to comply with all provisions of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).''. SEC. 3. RESTRICTIONS ON LAND TO BE HELD IN TRUST. (a) Lands To Be Taken Into Trust.--Section 204(a) of the Auburn Indian Restoration Act (25 U.S.C. 1300l-2) is amended to read as follows: ``(a) Lands To Be Taken Into Trust.--(1) Upon request of the tribe, the Secretary shall accept forthwith for the benefit of the Tribe any real property located in Placer County, California, if-- ``(A) the property is conveyed or otherwise transferred to the Secretary; ``(B) at the time of the conveyance or transfer pursuant to subparagraph (A), there are no adverse legal claims on such property, including outstanding liens, mortgages, or taxes owed; and ``(C) prior to the Secretary accepting the property the Tribe was in compliance with section 202(g)(1) and 202(g)(3), and subsections (d) and (e) of this section. ``(2) The Secretary may accept, subject to the provisions of this Act, any additional acreage in the Tribe's service area pursuant to the authority of the Secretary, for nongaming related activities or nonresidential purposes under the Act of June 18, 1934 (25 U.S.C. 461 et seq.), provided that the primary function of such additional acreage shall not be the furtherance of gaming activities.''. (b) Use of Land Taken Into Trust for Nongaming Purposes.--Section 204 of the Auburn Indian Restoration Act (25 U.S.C. 1300l-2) is amended by adding at the end the following new subsections: ``(d) Use of Land Taken Into Trust for Nongaming Purposes.--(1) A parcel of real property taken into trust for the Tribe pursuant to the provisions of section 204(a) (1) or (2), for purposes other than class II or class III gaming activities, may only be used and developed in a manner consistent with and in compliance with all general and community plans and zoning ordinances of the local government of the political jurisdiction in which the land to be taken into trust is located which are in effect at the time that the land is taken into trust, and any other provisions agreed to in the compact required by subsection (e). ``(2)(A) In addition to the former trust lands referred to in subsection (b), the Tribe may acquire one parcel of land for residential purposes pursuant to section 204 (a)(1) and (d)(1). ``(B) Any additional real property taken into trust for the Tribe for residential purposes pursuant to section 204 (a)(2) and (d)(1) shall be contiguous to the initial parcel. ``(C) Except as provided in subsection (b), the Secretary shall not take any real property into trust for residential purposes for individual members of the Tribe. ``(e) Compact Required.--(1) After the date of the enactment of the Auburn Indian Restoration Amendment Act, the Secretary shall not take any land into trust for the Tribe until the Tribe and the local government of the political jurisdiction in which the land to be taken into trust is located have entered into a written compact, which the parties shall negotiate in good faith and in a timely manner, and which shall include provisions relating to-- ``(A) location and permissible use of the land to be taken into trust; ``(B) an agreed upon environmental study which provides for the mitigation of any environmental impacts of the proposed development and uses of the land to be taken into trust, and that any mitigation required shall be similar in scope and content to that which would be required of other non-tribal applicants in the local government of the political jurisdiction; ``(C) law enforcement jurisdictional responsibilities and other public services to be provided on the land, consistent with other Federal laws, including any reasonable compensation to the local government of the political jurisdiction for the services and impacts; ``(D) the impact of the removal of the land from the tax rolls; ``(E) building and design standards for any structures proposed to be built on the land, including provisions that such structures shall be built in accordance with standards similar in scope and content to those required of non-tribal applicants in the local jurisdiction; and ``(F) such additional matters as the parties may agree. ``(2) The local government of the political jurisdiction in which the land to be taken into trust is located shall-- ``(A) provide notice of the Tribe's proposal and the terms of the local compact to the public, the State, and the governing bodies of any other local governments in Placer County, California; ``(B) provide the recipients of the notice given under subparagraph (A) with a period of 45 days in which to provide comments; and ``(C) take comments provided under subparagraph (B) into consideration and address them before entering into a local compact. ``(3) The Tribe and the local jurisdiction shall negotiate the compact required by this subsection in good faith. ``(f) Binding Arbitration.--(1) If a dispute arises regarding-- ``(A) the non-compliance of the Tribe or the local jurisdiction with subsection (e)(3); ``(B) the terms of a compact negotiated pursuant to subsection (e); or ``(C) the alleged violation of a compact negotiated pursuant to subsection (e), the Tribe or the local government of the political jurisdiction in which the real property relevant to the dispute is located may submit the dispute to binding arbitration under the United States Arbitration Act (9 U.S.C. 1 et seq.). The Tribe shall not raise sovereign immunity as a defense to arbitration or the enforcement of any arbitration award or any judgment based thereon, and all parties expressly agree to comply with such awards and judgments. ``(2) If the Tribe or the local government of the political jurisdiction in which the real property relevant to the dispute is located elects to submit a dispute to arbitration pursuant to paragraph (1), an arbitration board shall be established to conduct the arbitration and shall consist of-- ``(A) one independent member selected by the Tribe; ``(B) one independent member selected by the local government of the political jurisdiction in which the land relevant to the dispute is located; and ``(C) one member selected by the members selected pursuant to subparagraphs (A) and (B). If the members selected pursuant to subparagraphs (A) and (B) are unable to agree upon a third member within 20 days after selection of the other members, the presiding judge of the Placer County Superior Court shall select the third member. ``(3) The costs of an arbitration proceeding under this subsection, not including attorneys' fees, shall be awarded to the prevailing party in the arbitration as determined by the arbitration board. ``(4) The decision of the arbitration board shall be final and implemented subject only to judicial review as provided for in the United States Arbitration Act (9 U.S.C. 1 et seq.). ``(g) Terms Enforceable.--The terms of subsections (d) and (e) are specifically enforceable in a court of competent jurisdiction by the Tribe and the local government of the political jurisdiction in which the land relevant to a dispute is located against the other. The Tribe shall not raise its sovereign immunity as a defense to such an action or the enforcement or execution of any judgment resulting from such action.''. SEC. 4. DEFINITIONS. Section 208 of the Auburn Indian Restoration Act (25 U.S.C. 1300l- 6) is amended by adding at the end the following new paragraphs: ``(8) The term `class II gaming' has the meaning given that term in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). ``(9) The term `class III gaming' has the meaning given that term in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).''. Passed the House of Representatives November 9, 1997. Attest: ROBIN H. CARLE, Clerk.

Auburn Indian Restoration Amendment Act - Amends the Auburn Indian Restoration Act to establish restrictions relating to gaming on and use of land to be taken into trust for the United Indian Community of the Auburn Rancheria of California (Tribe). Prohibits the Secretary of the Interior, after enactment of this Act, from taking any land into trust for the Tribe until the Tribe and the local government of the political jurisdiction in which the land to be taken into trust is located have entered into a specified written compact that the parties shall negotiate in good faith and in a timely manner.

Auburn Indian Restoration Amendment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Jobs Credit Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) In many parts of the United States, smaller cities and rural areas are experiencing population loss and low-job growth that hurts the surrounding communities. (2) In areas hurt by low-job growth, people are forced to leave the communities they have lived in their whole life to secure a job. (3) A small business tax credit to promote jobs in areas suffering from low-job growth and population loss would spur the economy and allow businesses to take advantage of an often underutilized well-educated workforce. SEC. 3. EXPANSION OF WORK OPPORTUNITY TAX CREDIT. (a) In General.--Section 51(d)(1) of the Internal Revenue Code of 1986 (relating to members of targeted groups) is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by adding at the end the following: ``(I) a qualified small business employee.''. (b) Qualified Small Business Employee.--Section 51(d) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (10) through (12) as paragraphs (11) through (13), respectively, and by inserting after paragraph (9) the following: ``(10) Qualified small business employee.-- ``(A) In general.--The term `qualified small business employee' means any individual-- ``(i) hired by a qualified small business located in a development zone, or ``(ii) hired by a qualified small business and who is certified by the designated local agency as residing in such a development zone. ``(B) Qualified small business.--The term `qualified small business' has the meaning given the term `small employer' by section 4980D(d)(2). ``(C) Development zone.--For purposes of this section-- ``(i) In general.--The term `development zone' means any area-- ``(I) which is nominated under the procedures defined in sections 1400E(a)(1)(A) and 1400E(a)(4) for renewal communities; ``(II) which the Secretary of Housing and Urban Development designates as a development zone, after consultation with the Secretary of Commerce; ``(III) which has a population of not less than 5,000 and not more than 150,000; ``(IV) which has a poverty rate not less than 20 percent (within the meaning of section 1400E(c)(3)(C)); ``(V) which has an average rate of job growth of less than 1 percent during the preceding 5-year period; and ``(VI) which, during the period beginning January 1, 1990 and ending with the date of the enactment of this Act, has a net out-migration of inhabitants, or other population loss, from the area of at least 3 percent of the population of the area during such period. ``(ii) Number of designations.--The Secretary of Housing and Urban Development may not designate more than 100 development zones. ``(D) Special rules for determining amount of credit.--For purposes of applying this subpart to wages paid or incurred to any qualified small business employee-- ``(i) subsection (a) shall be applied by substituting ``20 percent of the qualified first, second, third, fourth, or fifth year wages'' for ``40 percent of the qualified first year wages'', and ``(ii) in lieu of paragraphs (2) and (3) of subsection (b), the following definitions and special rule shall apply: ``(I) Qualified first-year wages.-- The term `qualified first-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning with the day the individual begins work for the employer. ``(II) Qualified second-year wages.--The term `qualified second-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such individual determined under subclause (I). ``(III) Qualified third-year wages.--The term `qualified third-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such individual determined under subclause (II). ``(IV) Qualified fourth-year wages.--The term `qualified fourth-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such individual determined under subclause (III). ``(V) Qualified fifth-year wages.-- The term `qualified fifth-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such individual determined under subclause (IV). ``(VI) Only first $15,000 of wages per year taken into account.--The amount of the qualified first, second, third, fourth, and fifth year wages which may be taken into account with respect to any individual shall not exceed $15,000 per year.''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.

Small Business Jobs Credit Act of 2001 - Amends the Internal Revenue Code to include a "qualified small business employee" (an employee who is either hired by a qualified small business located in a development zone or who is hired by a qualified small business and who lives in such a zone) as a member of a targeted group for purposes of computing the work opportunity credit.

To amend the Internal Revenue Code of 1986 to expand the work opportunity tax credit for small business jobs creation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Bureau of Investigation Appropriations Authorization Act, Fiscal Year 1994''. SEC. 2. 1994 FISCAL YEAR AUTHORIZATION. There is authorized to be appropriated for the fiscal year ending September 30, 1994, to carry out the activities of the Federal Bureau of Investigation $1,998,705,000 which shall include-- (1) funds for the purchase for police-type use of passenger motor vehicles without regard to the general purchase price limitation for the current fiscal year, and for the hire of passenger motor vehicles, which funds may be expended for the purchase or lease of such motor vehicles directly from the manufacturer or lessor; (2) funds for the acquisition, lease, maintenance and operation of aircraft; (3) not to exceed $70,000 to meet unforeseen emergencies of a confidential character to be expended under the direction of the Attorney General and to be accounted for solely on the certificate of the Attorney General; (4) not to exceed $10,000,000 for making payments or advances for expenses arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to violent crime, terrorism, organized crime, and drug investigations; (5) not to exceed $8,000,000 for research and development relating to investigative activities, which shall remain available until expended; (6) not to exceed $25,000,000 for automated data processing and telecommunications, which shall remain available until September 30, 1995; (7) not to exceed $1,000,000 for undercover operations, which shall remain available until September 30, 1995; (8) $50,400,000, to remain available until expended, to defray expenses for the automation of fingerprint identification services and related costs, except that current fingerprint identification personnel who were employed in good standing at the Federal Bureau of Investigation in May 1990 shall be afforded comparable scale and grade positions with the Bureau in the Washington metropolitan area; (9) $1,500,000 to maintain an independent program office dedicated solely to the relocation of the Identification Division and the automation of fingerprint identification services; (10) not less than $399,175,000 for the Bureau's white collar crime and applicant program; (11) $51,645,000 for the Bureau's training program, including $2,000,000 to develop and implement a violence reduction training program for State and local police officers; (12) not less than $325,893,000 for the Bureau's violent crime program; (13) not less than $270,334,000 for the Bureau's organized criminal enterprises program; (14) not less than $4,500,000 for the Bureau's forensic DNA analysis program, including research, training, casework, and establishing and maintaining a national DNA index for law enforcement identification purposes pursuant to quality control and privacy safeguards; and (15) not to exceed $45,000 for official reception and representation expenses. The Bureau shall fully support implementation of NCIC 2000 by the States. None of the funds authorized by this Act may be used by the Bureau to relocate management and administrative operations for the National Crime Information Center or the Uniform Crime Reporting Program. SEC. 3. GENERAL AUTHORITIES. The Attorney General may use funds authorized to be appropriated for the Federal Bureau of Investigation to make payments for the conduct of its activities. Such payments may not be used to pay the compensation of any employee in the competitive service but may include payments for-- (1) expenses necessary for the detection and prosecution of crimes against the United States; (2) protection of the person of the President of the United States and the person of the Attorney General; (3) investigations regarding official matters under the control of the Department of Justice and the Department of State, as may be directed by the Attorney General; and (4) acquisition, collection, classification and preservation of identification and other records and their exchange with, and for the official use of, the duly authorized officials of the Federal Government, of States, cities and other institutions, such exchange to be subject to cancellation if dissemination is made outside the receiving departments or agencies.

Federal Bureau of Investigation Appropriations Authorization Act, Fiscal Year 1994 - Authorizes appropriations to carry out the activities of the Federal Bureau of Investigation (FBI) for FY 1994. Directs the FBI to fully support implementation of NCIC 2000 by the States. Bars the use of funds authorized by this Act to relocate management and administrative operations for the National Crime Information Center or the Uniform Crime Reporting Program. Authorizes the Attorney General to use funds authorized to be appropriated for the FBI to make payments for the conduct of its activities. Bars the use of such payments to pay the compensation of any employee in the competitive service, but permits payments for: (1) expenses necessary for the detection and prosecution of crimes against the United States; (2) protection of the President and the Attorney General; (3) investigations regarding official matters under the control of the Department of Justice and the Department of State; and (4) acquisition, collection, classification, and preservation of identification and other records and their exchange with, and for the official use of, authorized officials of the Federal Government, States, cities, and other institutions, with such exchange subject to cancellation if dissemination is made outside the receiving departments or agencies.

Federal Bureau of Investigation Appropriations Authorization Act, Fiscal Year 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Recreational Trails Act of 1994''. SEC. 2. ELIGIBILITIES. (a) State Eligibility.--Section 1302(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261(c)) is amended-- (1) by striking ``Act'' each place it appears and inserting ``part''; (2) in paragraph (2)-- (A) by striking subparagraph (B); and (B) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (3) by adding at the end the following new paragraph: ``(3) Sixth-year provision.--Beginning on the date that is 5 years after the date of enactment of this part, a State shall be eligible to receive moneys under this part for a fiscal year only if the State agrees to expend, for the fiscal year, from non-Federal sources for carrying out projects under this part an amount equal to 20 percent of the amount received by the State under this part for the fiscal year.''. (b) Administrative Costs.--Section 1302(d)(1) of such Act (33 U.S.C. 1261(d)(1)) is amended-- (1) by striking ``(1) Administrative costs.--No more'' and inserting the following: ``(1) Administrative costs.-- ``(A) In general.--No more''; (2) by striking ``(A) approving'' and inserting the following: ``(i) approving''; (3) by striking ``(B) paying'' and inserting the following: ``(ii) paying''; (4) by striking subparagraph (C) and inserting the following new clause: ``(iii) contracting for services with other land management agencies; and''; (5) by striking ``(D) if'' and inserting the following: ``(iv) if''; and (6) by adding at the end the following new subparagraph: ``(B) National survey.--Amounts in the Fund may be used to pay the cost to the Secretary for conducting 1 national survey of nonhighway recreational fuel consumption by State, for use in making determinations and estimations pursuant to this part.''. (c) Environmental Mitigation.--Section 1302(e) of such Act (16 U.S.C. 1261(e)) is amended-- (1) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) Environmental mitigation.-- ``(A) Requirement.--To the extent practicable and consistent with other requirements of this section, in complying with paragraph (4), a State shall give priority to project proposals that provide for the redesign, reconstruction, nonroutine maintenance, or relocation of trails in order to mitigate and minimize the impact to the natural environment. ``(B) Compliance.--The State shall receive guidance for determining compliance with subparagraph (A) from the recreational trail advisory board of the State that meets the requirements of subsection (c)(2)(A).''. (d) Exclusions.--Section 1302(e)(7) of such Act (16 U.S.C. 1261(e)(7)) (as redesignated by subsection (c)(1)(A)) is further amended-- (1) by striking ``(7) Small state exclusion.--Any State'' and inserting the following: ``(7) Exclusions.-- ``(A) Small state.--Any State''; and (2) by adding at the end the following new subparagraph: ``(B) Best interest of a state.--A State that determines based on trail needs identified in the Statewide Comprehensive Outdoor Recreation Plan of the State referred to in subsection (b) that it is in the best interest of the State to be exempt from the requirements of paragraph (4) may apply to the Secretary for such an exemption. Before approving or disapproving an application for such an exemption, the Secretary shall publish in the Federal Register notice of receipt of the application and provide an opportunity for public comment on the application.''. (e) Return of Moneys Not Expended.--Section 1302(e)(9)(B) of such Act (16 U.S.C. 1261(e)(9)(B)) (as redesignated by subsection (c)(1)(A)) is further amended-- (1) by inserting ``the State'' before ``may be exempted''; and (2) by striking ``and expended or committed'' and all that follows before the period at the end. (f) Authorization of Appropriations.--Section 1302 of such Act (16 U.S.C. 1261) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: ``(g) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this part $6,000,000 for fiscal year 1995. ``(2) Applicability of title 23.--Funds made available under paragraph (1) shall be available for obligation in the same manner as funds that were apportioned under chapter 1 of title 23, United States Code, except that-- ``(A) the Federal share of the cost of activities conducted under this part shall be as provided in this section; ``(B) the funds shall not be subject to any obligation limitation other than subsection (d)(3); and ``(C) the funds shall remain available until expended. ``(3) Treatment.--Funds made available under paragraph (1) shall be treated as if the funds were part of the Fund for the purpose of making allocations to the States under subsection (d).''. (g) Advisory Committee.--Section 1303(b) of such Act (16 U.S.C. 1262(b)) is amended-- (1) by striking ``11 members'' and inserting ``12 members''; (2) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and (3) by inserting after paragraph (1) the following new paragraph: ``(2) 1 member appointed by the Secretary representing individuals with disabilities;''. (h) Conforming Amendments.-- (1) Section 1302(e) of such Act (16 U.S.C. 1261(e)) is amended-- (A) in paragraph (4), by striking ``paragraphs (6) and (8)(B)'' and inserting ``paragraphs (7) and (9)(B)''; and (B) in paragraph (6)(A)(i) (as redesignated by subsection (c)(1)(A)), by striking ``(g)(5)'' and inserting ``(h)(5)''. (2) Section 1303(c) of such Act (16 U.S.C. 1262(c)) is amended by striking ``(b)(2)'' and inserting ``(b)(3)''. (3) Section 9511(b) of the Internal Revenue Code of 1986 is amended by striking ``1302(e)(8)'' and inserting ``1302(e)(9)''. SEC. 3. OFFSETTING RESCISSIONS. Effective October 1, 1994, each of the following unobligated balances on September 30, 1994, of funds made available for the following provisions of law is rescinded: (1) $65,787.32 made available for section 131(c) of the Surface Transportation Assistance Act of 1982 (Public Law 97- 424; 96 Stat. 2120). (2) $3,559,837 made available for section 149(a)(35) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17; 101 Stat. 187). (3) $942,249 made available for section 149(a)(66) of such Act (Public Law 100-17; 101 Stat. 191). (4) $797,800 made available for section 149(a)(100) of such Act (Public Law 100-17; 101 Stat. 195). (5) $376,194.94 made available for section 149(a)(111)(C) of such Act (Public Law 100-17; 101 Stat. 196). (6) $258,131.85 made available for section 149(a)(111)(L) of such Act (Public Law 100-17; 101 Stat. 197).

National Recreational Trails Act of 1994 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to revise State eligibility requirements with respect to national recreational trails funding to require States to agree to expend a specified amount from non-Federal sources for such trails. Repeals the current requirement that States imposing a tax on nonhighway recreational fuels reserve a reasonable estimation of such tax revenues for recreational trail use. Allows the use of certain administrative expenditures from the National Recreational Trails Trust Fund for contracting for services with other land management agencies. Limits to one the number of national surveys of non-highway recreational fuel consumption by State that may be paid for out of such Fund. Requires States, in the mandatory use of specified amounts from such Fund for motorized or non-motorized recreation, to give priority, to the extent practicable, to project proposals that provide for the redesign, reconstruction, maintenance, or relocation of trails in order to mitigate the impact to the natural environment. Authorizes States to apply for exemption from motorized or non-motorized recreation fund use requirements if they have determined, based on trail needs identified in the Statewide Comprehensive Outdoor Recreation Plan, that it is in their best interests to be exempt. Authorizes appropriations. Increases from 11 to 12 the number of members of the National Recreational Trails Advisory Committee. Requires such committee to include one member appointed by the Secretary of the Interior representing individuals with disabilities. Rescinds specified unobligated FY 1994 appropriations.

National Recreational Trails Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Fighting Enforcement Act''. SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS UNDER ANIMAL WELFARE ACT. Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended-- (1) in subsection (e), by striking ``1 year'' and inserting ``2 years''; (2) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; (3) by inserting after subsection (b) the following new subsection: ``(c) It shall be unlawful for any person to knowingly sell, buy, transport, or deliver in interstate or foreign commerce a knife or gaff or any other sharp instrument attached or designed or intended to be attached to a bird's leg for use in an animal fighting venture.''; and (4) by striking subsection (g) (as so redesignated) and inserting the following new subsection: ``(g)(1) The Secretary or any other person authorized by him shall make such investigations as the Secretary deems necessary to determine whether any person has violated or is violating any provision of this section, and the Secretary may obtain the assistance of the Federal Bureau of Investigation, the Department of the Treasury, or other law enforcement agencies of the United States, and State and local governmental agencies, in the conduct of such investigations, under cooperative agreements with such agencies. ``(2) A warrant to search for and seize any animal, paraphernalia, instruments, or other property or things which there is probable cause to believe were involved, about to be involved, or intended to be involved in any violation of this section shall be issued by any judge of the United States or State court of record or by a United States magistrate judge within the district where the animal sought is located. Any United States marshal or any person authorized under this section to conduct investigations may apply for and execute any such warrant, and any animal, paraphernalia, instruments, or other property or things seized under such a warrant shall be held by the United States marshal or other authorized person pending disposition thereof by a court in accordance with this subsection. ``(3) All animals seized shall, at the discretion of the United States marshal or other authorized person, be taken promptly to an animal housing facility in which the animals may be stored humanely. If such an animal storage facility is not available, the United States marshal or other authorized person may cause the animals involved, about to be involved, or intended to be involved in any violation of this section to remain at the location at which they were found, in which case the United States marshal or other authorized person shall-- ``(A) seize a representative sample of animals for evidentiary purposes to be transported to an animal storage facility in which the animals may be stored humanely; and ``(B) cause all animals used in committing the alleged offenses to be banded, tagged, or marked by microchip, and photographed or videotaped for evidentiary purposes. ``(4) Necessary care, including but not limited to housing, feeding, and veterinary treatment, shall be provided while the animals are so held in custody. Any animal, paraphernalia, instruments, or other property or things involved in any violation of this section shall be liable to be proceeded against and forfeited to the United States at any time on complaint filed in any United States district court or other court of the United States for any jurisdiction in which the animal, paraphernalia, instruments, or other property or things are found and upon a judgment of forfeiture shall be disposed of by humane means, as the court may direct. Costs incurred by the United States for care of animals seized and forfeited under this section shall be recoverable from the owner of the animals if he or she appears in such forfeiture proceeding or in a separate civil action brought in the jurisdiction in which the owner is found, resides, or transacts business. ``(5) The owner, custodian, or other person claiming an interest in an animal seized may prevent disposition of the animal by posting, or may be ordered by any United States district court or other court of the United States for any jurisdiction in which the animal is found to post, not later than 10 days after the animal has been seized, a bond with the court in an amount sufficient to provide for the animal's care (including but not limited to housing, feeding, and veterinary treatment) for not less than 30 days, beginning from the date the animal was seized. The owner may renew a bond, or be ordered to renew a bond, by posting a new bond, in an amount sufficient to provide for the animal's care and keeping for at least an additional 30 days, not later than 10 days after the expiration of the period for which a previous bond was posted. If a bond expires and is not renewed, the animal may be disposed of as provided in paragraph (4). ``(6) Notwithstanding paragraphs (1) through (5), the animal may be humanely euthanized if a veterinarian determines that the animal is suffering extreme pain.''.

Animal Fighting Enforcement Act - Amends the Animal Welfare Act to increase the imprisonment penalty for animal fighting violations from one year to two years. Makes it unlawful to ship in interstate commerce a knife, gaff, or other sharp instrument used in cockfighting.Revises enforcement provisions.

To strengthen enforcement of provisions of the Animal Welfare Act relating to animal fighting, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital TV Transition Fairness Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary for Communications and Information of the Department of Commerce. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Digital-to-analog converter box.--The term ``digital- to-analog converter box'' has the same meaning as in section 3005(d) of the Digital Television Transition and Public Safety Act of 2005. (4) Local market.--The term ``local market'' has the same meaning as in section 122(j) of title 17, United States Code. (5) Multichannel video programming distributor.--The term ``multichannel video programming distributor'' has the same meaning as in section 602(13) of the Communications Act of 1934. (6) Television broadcast station.--The term ``television broadcast station'' has the same meaning as in section 325(b)(7) of the Communications Act of 1934. SEC. 3. DIGITAL VIEWERSHIP COUPON PROGRAM. (a) Creation of Program.--The Assistant Secretary, in coordination and consultation with the Commission, shall implement and administer a program through which households or individuals in the United States may obtain coupons that can be applied toward-- (1) the cost to install a digital-to-analog converter box; (2) the purchase of an indoor or outdoor antenna, or both if needed, to facilitate the reception and display of signals of channels broadcast in digital television service; (3) the cost to install any antenna described in paragraph (2); and (4) the cost to install, or the cost of any other equipment needed to receive and display, basic broadcast television service, as such service is described in section 4. (b) Program Specifications.-- (1) Eligibility.-- (A) Household or individual.--Any household or individual that was or is eligible for a digital-to- analog converter box coupon under the coupon program established under section 3005 of the Digital Television Transition and Public Safety Act of 2005 shall be eligible to receive a coupon under the coupon program established under this section. (B) Product eligibility.--The Assistant Secretary, in consultation with the Commission, shall determine minimum standards for which types of antennas, installation providers, and other companies are eligible to participate in the coupon program established under this section. Such minimum standards shall be established not later than 30 days after the date of enactment of this Act. (C) Limitation.--No household or individual may be eligible to participate in the coupon program established under this section if-- (i) on the date of enactment of this Act, the household or individual was receiving broadcast television that it had purchased from a multichannel video programming distributor; or (ii) after the date of enactment of this Act, the household or individual purchases television broadcasts, other than basic broadcast television service described in section 4, from a multichannel video programming distributor. (2) Request.--A household or individual may obtain coupons under this section by making a request as required by the regulations implementing this section. (3) Coupon value.--The Assistant Secretary shall determine the value of any coupons issued under this section, provided that the value of any single coupon does not exceed $80. In making the determination of the value of any single coupon, the Assistant Secretary shall consider the purpose for which the requesting household or individual is requesting the coupon and the types of costs to which the coupon will be applied. (4) Duration.--All coupons issued under this section shall expire upon the later of the date of termination of the program established under this section or 90 days. (5) Termination.--The program established under this section shall terminate on the date that is 18 months after the date on which the first coupon under this section is issued. (c) Consumer Education.--The Assistant Secretary shall develop, in consultation with the Commission and broadcast and television industry representatives, an Internet website and a toll-free telephone hotline accessible to consumers that have degraded or lost signals or channels as a result of the full power transition from analog to digital television that is to occur on February 17, 2009. The website and telephone hotline shall provide relevant information in order to assist consumers in determining-- (1) if the purchase or installation of an outdoor or indoor antenna will assist the consumer in resolving or improving their digital television reception problems; and (2) what options are available to them should they find that purchasing an outdoor or indoor antenna will not assist in resolving or improving their digital television reception. (d) Reporting Requirement.-- (1) In general.--Not later than 1 month after the date of enactment of this Act, and every 7 days thereafter, the National Telecommunications and Information Administration shall make publicly available on its website the-- (A) number of requests for coupons under this section; (B) number of coupons issued under this section; (C) amount of each coupon issued, including the total amount of all such issued coupons; (D) types of costs to which each such issued coupon will be applied, as such costs are self-reported on the application of each household or individual; (E) number of issued coupons that have been redeemed; and (F) amount of unobligated and unexpended funds that remain from the amounts authorized under section 6. (2) Termination.--The requirement described under paragraph (1) shall terminate 3 months after the last coupon under this section is issued. SEC. 4. BASIC BROADCAST TELEVISION SERVICE. (a) Requirement.-- (1) In general.--The Commission shall promulgate rules requiring that each multichannel video programming distributor, who provides broadcast television for a local market, provide to eligible consumers in that local market access to basic broadcast television service, as such service is described in subsection (b). (2) Safe harbor.-- (A) In general.--The retransmission or secondary transmission of any televison broadcast station by a multichannel video programming distributor pursuant to paragraph (1) shall not be subject to any prohibitions on such activities as described under sections 325 and 338 of the Communications Act of 1934 or under section 122 of title 17, United States Code, and any such distributor shall be immune from any civil liability related to fulfilling the requirements under paragraph (1). (B) Fee exemption.--In promulgating rules under paragraph (1), the Commission shall require that each television broadcast station-- (i) grant consent to multichannel video programming distributors to retransmit the signal of such broadcasting station only for the purposes of fulfilling the requirements under paragraph (1); and (ii) waive any fees or charges that are customarily or usually applied for the grant of such consent. (b) Basic Broadcast Television Service.--Any rule promulgated under subsection (a) relating to the definition of basic broadcast television service shall ensure that, at a minimum, such service includes the transmission, retransmission, or secondary transmission of the over- the-air signal of any nonsubscription television broadcast station located within the local market. (c) Eligible Consumers.-- (1) In general.--For purposes of this section, an ``eligible consumer'' is a consumer whose primary residence is located in a local market where at least 1 television broadcast station has certified to the Commission that channel signal loss has occurred as a result of the transition from analog to digital television that is to occur on February 17, 2009. (2) Loss of eligibility; purchase of additional service.-- If at any time after purchasing basic broadcast television service pursuant to this section, an eligible consumer purchases any additional channel service from a multichannel video programming distributor, such consumer shall no longer be eligible to purchase such basic broadcast television service. (d) Additional Cost Requirements.--In promulgating rules under subsection (a), the Commission shall ensure that-- (1) the cost to purchase basic broadcast television service does not exceed $10 per month, except that such maximum monthly fee shall be adjusted annually in accordance with the annual percentage increase in the Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor in increments of $1 only when the percentage increase in such index, when applied to the maximum monthly fee, produces dollar increases that exceed $1; and (2) a multichannel video programming distributor providing such basic broadcast service may not charge installation costs for such service that are in excess of the regular market rate charged to normal non-basic broadcast customers who purchase installation for any other services provided by the multichannel video programming distributor. (e) Report to Congress.--Not later than 6 months after the date of enactment of this Act, and every 12 months thereafter, the Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on-- (1) the number of eligible consumers who have purchased basic broadcast television service; (2) the problems encountered by eligible consumers and multichannel video programming distributors in adhering to the requirements of this section; and (3) any other information the Commission determines appropriate. (f) Public Availability.--The Commission shall make any report required under subsection (e) available to the public on its website in a searchable and downloadable manner. (g) Termination Only by Act of Congress.--This section may be limited, canceled, terminated, or rescinded only by an Act of Congress. SEC. 5. OUTREACH CAMPAIGN. (a) In General.--The Commission, in consultation and coordination with the National Telecommunications and Information Administration, the Administrator of the Administration on Aging, the heads of any other relevant Federal agency, State and local agencies, the broadcast, cable, satellite, and other telecommunications industries, and nonprofit, religious, community-based, and other similar organizations, shall carry out an education and outreach campaign to inform and educate consumers on the availability, benefits, and advantages of the programs and requirements established under this Act. (b) Requirements.--The education and outreach campaign required under subsection (a) shall, at a minimum-- (1) begin immediately upon the date of enactment of this Act; (2) involve dissemination of information over radio, television, the Internet, and other electronic media, as well other traditional nonelectronic media; (3) require that each agency described in subsection (a) maintain information relating to the programs and requirements established under this Act on the website of such agency; and (4) require efforts to inform and educate all relevant consumers, in particular those consumers-- (A) in vulnerable populations such as-- (i) senior citizens; (ii) consumers living in rural and tribal areas; (iii) non-English speaking consumers; (iv) consumers with disabilities; and (v) low-income consumers; and (B) located in a local market where channel signal loss as a result of the full power transition from analog to digital television that is to occur on February 17, 2009, is likely or predicted to be likely. (c) Provision of Funds.--The Commission may distribute funds to nonprofit, religious, community-based, and other similar organizations to assist with the education and outreach campaign required under this section. (d) Website.--Each Federal agency participating in the education and outreach campaign required under this section shall work to ensure the existence and operation of a single website accessible by the public that shall serve as the clearinghouse for all information relating to this Act and the programs established by this Act. SEC. 6. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $75,000,000 for each of fiscal years 2009 and 2010. Any amounts appropriated to carry out this Act shall remain available until expended. (b) Transfer of Funds in the Digital Television Transition and Public Safety Fund.--Notwithstanding any other provision of law, any funds remaining in the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) shall, upon the expiration of the digital-to-analog converter box program established under section 3005 of the Digital Television Transition and Public Safety Act of 2005, be used to cary out the provisions of this Act.

Digital TV Transition Fairness Act - Requires the Department of Commerce to implement and administer a program to obtain coupons that can be applied toward: (1) the cost to install a digital-to-analog converter box; (2) the purchase and installation of an indoor or outdoor antenna, or both if needed, to facilitate the reception and display of signals of channels broadcast in digital television service; and (3) the cost to install, or the cost of any other equipment needed to receive and display, basic broadcast television service. Sets forth consumer and product eligibility criteria. Provides for a website and telephone hotline to provide relevant information to assist consumers that have degraded or lost signals or channels as a result of the full power transition from analog to digital television that is to occur on February 17, 2009. Requires the Federal Communications Commission (FCC) to promulgate rules requiring that each multichannel video programming distributor providing broadcast television for a local market provide to eligible consumers in that local market access to basic broadcast television service. Directs the FCC to carry out an education and outreach campaign to inform and educate consumers on the availability, benefits, and advantages of the programs and requirements established under this Act.

A bill to ensure access to basic broadcast television after the Digital Television Transition, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement and Industrial Security Cooperation Act of 1996''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Seventy percent of all money invested in crime prevention and law enforcement each year in the United States is spent by the private sector. (2) There are nearly three employees in private sector security for every one in public law enforcement. (3) More than half of the responses to crime come from private security. (4) A bipartisan study commission specially constituted for the purposes of examining appropriate cooperative roles between public sector law enforcement and private sector security will be able to offer comprehensive proposals for statutory and procedural initiatives. SEC. 3. PURPOSES. The purposes of the Commission are as follows: (1) To identify critical issues in crime control and law enforcement which may be better addressed through improved cooperation between public law enforcement agencies and private sector security professionals. (2) To examine existing models of public-private cooperation and, through consultation with leading authorities in law enforcement, private security, criminal justice and business, improve such models or develop new models that promote cooperation between public law enforcement and private security. (3) To encourage public agencies and private businesses and institutions to make use of effective models for cooperation in crime control and law enforcement. (4) To analyze Federal, State, and local statutes which either enhance or inhibit cooperation between public law enforcement and private security and to recommend changes to such laws which would have the effect of enhancing cooperation between public sector law enforcement agencies and private sector security professionals. SEC. 4. ESTABLISHMENT AND COMPOSITION OF THE COMMISSION. (a) Establishment.--There is established a commission to be known as the Law Enforcement and Industrial Security Cooperation Commission (in this Act referred to as the ``Commission''). (b) Composition.--The Commission shall be composed of 12 members, as follows: (1) 3 members to be appointed by the majority leader of the Senate who shall select such members from a list of nominees provided by the Chairperson of the Committee on the Judiciary of the Senate. Of the 3, one shall be a Member of the Senate, one shall be a representative of public law enforcement, and one shall be a representative of private security. (2) 3 members to be appointed by the minority leader of the Senate who shall select such members from a list of nominees provided by the ranking minority member of the Committee on the Judiciary of the Senate. Of the 3, one shall be a Member of the Senate, one shall be a representative of public law enforcement, and one shall be a representative of private security. (3) 3 members appointed by the Speaker of the House of Representatives who shall select such members from a list of nominees provided by the chairperson of the Committee on the Judiciary of the House of Representatives. Of the 3, one shall be a Member of the House, one shall be a representative of public law enforcement, and one shall be a representative of private security. (4) 3 members appointed by the minority leader of the House of Representatives who shall select such members from a list of nominees provided by the ranking minority member of the Committee on the Judiciary of the House of Representatives. Of the 3, one shall be a Member of the House, one shall be a representative of public law enforcement, and one shall be a representative of private security. (c) Continuation of Membership.--If a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, or was appointed to the Commission because the member was not an officer or employee of any government and later becomes an officer or employee of a government, that member may continue as a member for not longer than the 30-day period beginning on the date that member ceases to be a Member of Congress, or becomes such an officer or employee, as the case may be. (d) Chairperson.--The Commission shall elect a chairperson from among its members. (e) Quorum; Vacancy.-- (1) In general.--After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. Seven members of the Commission shall constitute a quorum, except a lesser number may hold hearings. (2) Vacancy.--Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner in which the original appointment was made. (f) Appointment of Members; Meeting.-- (1) Appointment of members.--Members of the Commission shall be appointed not later than 120 days after the date of the enactment of this Act. (2) Meeting.--If after 120 days after the date of enactment of this Act, 7 or more members of the Commission have been appointed, the members who have been appointed may meet and select a chairperson who thereafter shall have authority to begin the operations of the Commission, including the hiring of staff. SEC. 5. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.-- (1) In general.--Except as provided in paragraph (2), a member of the Commission whose services are not donated by such member's employer may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which such member is engaged in the actual performance of the duties of the Commission. (2) Limitation.--Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay on account of their service on the Commission. (b) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 6. POWERS OF THE COMMISSION. (a) Hearings and Subpoenas.--The Commission may hold such hearings, sit and act at such times and places, administer such oaths, take such testimony, receive such evidence, and require by subpoena the attendance and testimony of such witnesses and the production of such materials as the Commission considers appropriate. (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 Chairperson of the Commission, the head of such department or agency may furnish such information to the Commission. (c) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (d) Contracting.--The Commission may enter into contracts to enable the Commission to discharge its duties under this Act. (e) Assistance From Federal Agencies.-- (1) In general.--Financing of the Commission and its activities will come from corporate, foundation, and individual contributions. No special appropriation of Federal funds shall be made for the purposes of this Act. (2) Federal services.--Departments and agencies of the United States are authorized, however, to provide to the Commission such services, funds, facilities, staff, and other support services as they may deem advisable for the purposes of this Act and as may be authorized by law. (f) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 7. STAFF OF THE COMMISSION. (a) Staff.--The Commission chairperson, in accordance with rules agreed upon by the Commission and reasonable limitations imposed by budget, may appoint a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions. The staff director and other personnel may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (b) Consultants and Experts.--The Commission is authorized to procure the services of experts and consultants in accordance with budgetary strictures. SEC. 8. REPORT. The Commission shall submit to Congress and the Attorney General, not later than 2 years after the date of its first meeting, a final report containing such recommendations concerning methods and activities that promote cooperation between public sector law enforcement agencies and private sector security professionals, including proposing new or changed procedures, rules, regulations, or legislation. SEC. 9. TERMINATION. Not later than 60 days after submitting its final report pursuant to section 8 the Commission shall terminate.

Law Enforcement and Industrial Security Cooperation Act of 1996 - Establishes the Law Enforcement and Industrial Security Cooperation Commission which shall submit to the Congress and the Attorney General a report containing recommendations on methods and activities that promote cooperation between public law enforcement agencies and private sector security professionals to control crime.

Law Enforcement and Industrial Security Cooperation Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Satellite Consumer Protection Act of 2006''.D23/ SEC. 2. LIMITATIONS ON EXCLUSIVE RIGHTS: SECONDARY TRANSMISSIONS OF DISTANT NETWORK SIGNALS FOR PRIVATE HOME VIEWING BY CERTAIN SATELLITE CARRIERS. (a) In General.--Chapter 1 of title 17, United States Code, is amended by inserting after section 119 the following: ``Sec. 119A. Limitations on exclusive rights: secondary transmissions of distant network signals for private home viewing by certain satellite carriers ``(a) Statutory License Granted.-- ``(1) In general.--Notwithstanding any injunction issued under section 119(a)(7)(B), a satellite carrier found to have engaged in a pattern or practice of violations pursuant to section 119(a)(7)(B) is granted a statutory license to provide a secondary transmission of a performance or display of a work embodied in a primary transmission made by a network station in accordance with the provisions of this section. ``(2) Significantly viewed signals.--Under the statutory license granted by paragraph (1), a satellite carrier may provide a secondary transmission of a primary transmission made by a network station as provided in paragraph (2)(C) or (3) of section 119(a). ``(3) Distant signals.-- ``(A) In general.--Under the statutory license granted by paragraph (1), a satellite carrier may provide a secondary transmission of a performance or display of a work embodied in a primary transmission made by a network station, subject to the limitations of subparagraphs (B) and (C), of not more than 1 network station in a single day for each television network. ``(B) Non-local-into-local markets.--A satellite carrier may provide a secondary transmission under subparagraph (A) in a local market (as defined in section 122(j)) in which a satellite carrier does not currently provide, and has not ever provided, a transmission pursuant to a statutory license under section 122, if the satellite carrier-- ``(i) complies with the terms and conditions for a statutory license under section 119; and ``(ii) certifies to the Copyright Office within 30 days after the date of enactment of the Satellite Consumer Protection Act of 2006, or before initiating service to a subscriber under this section, whichever is later, that all subscribers receiving secondary transmissions pursuant to a statutory license under this section in that local market reside in unserved households, as determined under section 119(a)(2)(B)(ii); and ``(iii) deposits, in addition to the deposits required by section 119(b)(1), a duplicate payment with the Register of Copyrights in the same amount for each network station in the local market affiliated with the same network as the network station being imported. ``(C) Short markets.--In a local market (as defined in section 122(j)) in which a network station (as defined in section 119(d)) affiliated with the ABC, CBS, NBC, or Fox television network is not licensed by the Federal Communications Commission, a satellite carrier may provide secondary transmission under subparagraph (A) of the primary signals of a network station affiliated with that network, if the satellite carrier-- ``(i) complies with the terms and conditions for a statutory license under section 119; and ``(ii) certifies to the Copyright Office within 30 days after the date of enactment of the Satellite Consumer Protection Act of 2006, or before initiating service to a subscriber under this section, whichever is later, that all subscribers receiving secondary transmissions pursuant to a statutory license under this section in that local market reside in unserved households, as determined under section 119(a)(2)(B)(ii). ``(D) Short market exception.-- ``(i) In general.--Notwithstanding subparagraph (C), a satellite carrier may not provide secondary transmission of the primary signals of a network station under that subparagraph if secondary transmission of those signals could be provided under paragraph (2). ``(ii) Discontinuance of secondary transmission when primary signal becomes available.--Notwithstanding subparagraph (C), a satellite carrier that has been providing secondary transmission of the primary signals of a network station under subparagraph (C) in a local market may not provide such secondary transmission in that local market more than 30 days after the date on which a network station affiliated with the same network begins to broadcast or rebroadcast the basic programming service of that network in that local market and could be carried pursuant to a license under section 122. ``(b) Distribution of Duplicate Deposit Amounts.--The Copyright Royalty Judges shall authorize the Librarian of Congress to distribute semiannually amounts received by the Register of Copyrights as deposits under subsection (a)(3)(B)(iii), after deducting the reasonable costs incurred by the Copyright Office and the Copyright Royalty Judges under this section, in accordance with a process that the Copyright Royalty Judges may prescribe by regulation, to a network station (as defined in section 119(d)(2)) affiliated with the network whose signals are being carried under this section to a community within the local market (as defined in section 122(j)) in which such signals are being provided under this section. ``(c) Statutory Damages.-- ``(1) In general.--The violation by a satellite carrier of subsection (a) is actionable as an act of infringement under section 501 and is subject to statutory damages equal to $100 per month multiplied by the number of subscribers with respect to which the violation was committed for each month during which the violation was committed (treating each month of a continuing violation as a separate violation). ``(2) Petition.--A petition for statutory damages may be made to the Copyright Royalty Judges, pursuant to such rules as may be prescribed by the Copyright Royalty Judges by regulation. In any proceeding under this section, the satellite carrier shall have the burden of proving that its secondary transmission of a primary transmission by a network station is to a subscriber who is eligible to receive the secondary transmission under this section. ``(3) Escrow.--As a condition of using the statutory license under subsection (a), a satellite carrier must deposit the sum of $20,000,000 in escrow with the Copyright Office. The Copyright Office shall deposit the escrow funds in an account in the Treasury of the United States, in such manner as the Secretary of the Treasury directs, and invested in interest- bearing securities of the United States with any interest from such investment to be credited to the account. The Copyright Royalty Judges shall have exclusive jurisdiction to determine liability for and entitlement to the statutory damages owed to the petitioning party in accordance with a process to be prescribed by regulation and they shall authorize the Librarian of Congress to distribute funds from the escrow account to satisfy this determination. After all petitions under this section against a satellite carrier have been resolved, any amount remaining in the satellite carrier's escrow account after February 17, 2009, after deducting the reasonable costs incurred by the Copyright Office and the Copyright Royalty Judges under this section, shall be returned to the satellite carrier. ``(4) Judicial review.--A satellite carrier may seek judicial review of all determinations of the Copyright Royalty Judges on a consolidated basis in a single petition of appeal to the United States Court of Appeals for the District of Columbia Circuit within 30 days after the later of-- ``(A) February 17, 2009; or ``(B) the date on which all amounts in the escrow account have been distributed or returned. ``(d) Sunset.--This section shall not apply after February 17, 2009.''. (b) Conforming Amendment.--The chapter analysis for chapter 1 of title 17, United States Code, is amended by inserting after the item relating to section 119 the following: ``119A. Limitations on exclusive rights: secondary transmissions of distant network signals for private home viewing by certain satellite carriers.''.

Satellite Consumer Protection Act of 2006 - Grants a satellite carrier under an injunction for certain secondary transmission violations a statutory license to provide distant network stations in specified local markets under prescribed conditions. Requires a satellite carrier as a condition of license use to deposit escrow funds with the Copyright Office. Imposes monetary penalties for license violations. Terminates such license authority after February 17, 2009.

A bill to provide for secondary transmissions of distant network signals for private home viewing by certain satellite carriers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Science Education Tax Incentive for Teachers Act of 2007''. SEC. 2. REFUNDABLE CREDIT FOR PORTION OF TUITION PAID FOR UNDERGRADUATE EDUCATION OF CERTAIN TEACHERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. TUITION FOR UNDERGRADUATE EDUCATION OF CERTAIN TEACHERS. ``(a) In General.--In the case of an individual who is an eligible teacher for the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 10 percent of qualified undergraduate tuition paid by such individual. ``(b) Limitations.-- ``(1) Dollar amount.--The credit allowed by this section for any taxable year shall not exceed $1,000. ``(2) Teachers in high-needs schools districts.--In the case of one of the first 5 taxable years in which a teacher is an eligible teacher who teaches in an elementary school or a secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) receiving funds under part A of title I of such Act (20 U.S.C. 6311 et seq.), subparagraph (A) shall be applied by substituting `$1,500' for `$1,000'. ``(3) Credit allowed only for 10 years.--No credit shall be allowed under this section for any taxable year after the 10th taxable year for which credit is allowed under this section. ``(c) Eligible Teacher.--For purposes of this section-- ``(1) In general.--The term `eligible teacher' means, with respect to a taxable year, any individual-- ``(A) who is a full-time teacher, including a full- time substitute teacher, in any of grades kindergarten through 12th grade for the academic year ending in such taxable year, ``(B)(i) who teaches primarily math, science, engineering, or technology courses in 1 or more of grades 9 through 12 during such academic year, or ``(ii) who teaches math, science, engineering, or technology courses in 1 or more of grades kindergarten through 8 during such academic year, ``(C) who, in the case that such individual is a middle or secondary school teacher, received a baccalaureate or similar degree with a major in mathematics, science, engineering, or technology from an institution of higher education, and ``(D) who is highly qualified (as defined in section 9101(23) of the Elementary and Secondary Education Act of 1965). ``(2) Special rule for administrative personnel.--School administrative functions shall be treated as teaching courses referred to in paragraph (1)(B) if such functions primarily relate to such courses or are for a school which focuses primarily on such courses. ``(d) Qualified Undergraduate Tuition.--For purposes of this section, the term `qualified undergraduate tuition' means qualified higher education expenses (as defined in section 529(e)(3)) for enrollment or attendance at an institution of higher education, reduced as provided in section 25A(g)(2) and by any credit allowed by section 25A with respect to such expenses. ``(e) Institution of Higher Education.--The term `institution of higher education' means an institution of higher education as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(f) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Tuition for undergraduate education of certain teachers. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act; except that only periods of being an eligible teacher (as defined in section 36(c) of the Internal Revenue Code of 1986, as added by this section) after such date shall be taken into account under section 36(b)(3) of such Code, as so added.

National Science Education Tax Incentive for Teachers Act of 2007 - Amends the Internal Revenue Code to allow certain full-time elementary and secondary school teachers of math, science, engineering, or technology courses a refundable tax credit for 10% of their undergraduate tuition up to $1,000 in any taxable year. Increases such credit amount to $1,500 for teachers in schools serving children with disabilities.

To amend the Internal Revenue Code of 1986 to encourage teachers to pursue teaching math and science subjects at elementary and secondary schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Families Beyond Bars Act of 2010''. SEC. 2. FINDINGS. Congress finds as follows: (1) The Bureau of Justice Statistics estimates that 1,500,000 children in the United States have at least one incarcerated parent, and an estimated 10,000,000 more individuals have at least one parent who was incarcerated at some point during the individual's childhood. (2) In 2006, the Bureau of Justice Statistics estimated that 75 percent of incarcerated women were mothers, two-thirds of whom were mothers of children under the age of 18, and an estimated 32 percent of incarcerated men were fathers of children under the age of 18. (3) The trauma associated with having an incarcerated parent has been well-documented, and includes depression, aggression, low self-esteem, poor academic performance, truancy, attention deficit disorders, substance abuse, teen pregnancy, and symptoms of post-traumatic stress disorder. (4) The Bureau of Justice Statistics estimates that children with imprisoned parents may be almost 6 times more likely than their peers to be incarcerated. (5) Increased visitation between incarcerated parents and their children can reduce the anxiety and sense of loss children of incarcerated parents experience. This beneficial, low-cost activity may also contribute to a reduction in future crime committed by, and incarceration of, children of incarcerated parents. (6) Participation in a comprehensive visitation program allows children of incarcerated parents to build relationships with caring adults and experience opportunities for meaningful involvement and membership, helping to reduce the negative effects of parent-child separation. (7) The incarceration of women who are mothers introduces significant changes to the family structure, income level, living arrangements, and emotional support systems of their children. The incarceration of mothers is often more disruptive than the incarceration of fathers, because an estimated two- thirds of mothers who are incarcerated serve as the primary caregiver for at least one child before arrest. (8) Incarceration can present an opportunity to enhance parenting skills, encourage children to resist peer pressure, and foster high parental expectations for their children's school work. SEC. 3. BEYOND BARS GRANT PROGRAM. (a) Grant Program Established.-- (1) Grants authorized.--The Attorney General is authorized to award grants to qualified organizations to carry out, directly or through subgrants to other entities, child-parent visitation programs that foster and develop familial ties between eligible children and their incarcerated parents. (2) Grant period; renewability.--A grant awarded under this section shall be for not less than a 3-year period and not more than a 5-year period, and may be renewed. (b) Grant Uses.--Grants awarded under this section may be used by a qualified organization to-- (1) organize and lead group meetings, in accordance with subsection (c); (2) provide counseling to eligible children, and to their incarcerated parents; (3) select one or more qualified program facilitators to-- (A) organize and lead group meetings, in accordance with subsection (c); and (B) provide counseling to eligible children, and to their incarcerated parents; (4) provide to one or more such qualified program facilitators a monthly stipend in accordance with subsection (d); (5) provide transportation for eligible children to attend such group meetings, and provide volunteer support to assist in such transportation; (6) provide security for eligible children during such group meetings, and comply with applicable security procedures required by the facility at which the eligible children's parents are incarcerated; (7) provide enrichment activities for incarcerated parents of eligible children during incarceration and pre-release, including parenting classes and transition programs; (8) provide connections to and coordination with community and social services and other support to eligible children, incarcerated parents, and individuals who serve as guardians of eligible children while the eligible children's parents are incarcerated; (9) obtain program materials and other supplies necessary to carry out other grant activities required or permitted under this subsection; (10) conduct periodic evaluations of the activities carried out with a grant under this section, including volunteer recruitment, parental support and development, measurement of children's opportunities to build meaningful relationships with caring adults, and measurement of children's opportunities for meaningful involvement and membership; (11) develop best practices regarding child-parent visitation programs for eligible children and their incarcerated parents, based on the evaluations conducted under paragraph (10); (12) provide age-appropriate enrichment activities for children, including activities related to basic life skills, hygiene, healthy and drug-free habits, social skills, and building self-esteem and confidence; (13) coordinate the logistics of the child-parent visitation program with the correctional facility at which the eligible children's parents are incarcerated; (14) supervise adult volunteers who are assisting with the child-parent visitation program, whether such volunteers are working as individuals or as part of a team; and (15) conduct outreach activities to recruit eligible children. (c) Group Meetings.--The group meetings organized and led by a qualified organization with a grant under this section shall be supervised and facilitated by a qualified program facilitator in accordance with the provisions of this section, and-- (1) may include meetings for parents that provide an opportunity for incarcerated parents of eligible children to obtain and improve parenting skills to ensure strong family foundations upon release, which may include evidence-based programs and emerging best practices; and (2) shall include the following: (A) Child-parent meetings.--At least one day each month, a meeting that provides an opportunity for eligible children to visit their incarcerated parents in the prison facility in which their parents are incarcerated, and to take part in child-parent activities based on evidence-based programs and emerging best practices that foster and develop familial ties. Such meeting shall provide a supportive environment for child-parent interaction, and may include arts and crafts, games, community service projects, and informal group mentoring sessions; and (B) Meetings for children.--At least one day each month, on a day other than the day described in subparagraph (A), a meeting in a location other than a prison facility that provides an opportunity for eligible children to build interpersonal problem- solving skills, character, self-confidence, and self- esteem by-- (i) taking part in-- (I) activities based on evidence- based programs and emerging best practices; (II) community service projects; and (III) recreational activities; and (ii) holding planning meetings. (d) Stipend for Qualified Program Facilitators.--Not more than 45 percent of the grant funds provided to a qualified organization under this section may be used to provide a monthly stipend to qualified program facilitators. To be eligible to receive such a stipend, a qualified program facilitator shall enter into an agreement with a qualified organization to facilitate and supervise group meetings in accordance with the provisions of this section for not less than a one- year period, in exchange for such stipend. Such agreement may be renewable, at the discretion of the qualified organization, for additional one-year periods. (e) Applications; Priority.-- (1) Applications.--A qualified organization interested in receiving a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require. Such application shall include an assurance by the qualified organization that the organization will provide the non-Federal share of the costs of the activities funded by a grant under this section in accordance with subsection (f). (2) Priority.--In awarding grants under this section, the Attorney General may give priority as follows: (A) First, to qualified organizations that, before and on the date of enactment of this Act, are carrying out a child-parent visitation program for eligible children. (B) Second, to qualified organizations that have a track record of providing research-based, evaluated, and effective leadership development programming. (C) Third, to qualified organizations based on the quality of the organization's plan for measuring and assessing success of the program to be carried out with such a grant; and (D) Fourth, to qualified organizations based on the likelihood that the objectives of the program will be achieved by the organization. (f) Non-Federal Share.--A qualified organization receiving a grant under this section shall provide a percentage of the costs described in subsection (e)(1) from non-Federal sources, which may be contributed in cash or in-kind, and which may be provided from State or local public sources, or through donations from private entities. Such percentage of the costs shall be equal to-- (1) in the case of a qualified organization that was established before the date of the enactment of this Act-- (A) 2.5 percent for the first year of such grant; (B) 5 percent for the second year of such grant; (C) 10 percent for the third year of such grant; (D) 10 percent for the fourth year of such grant; and (E) 10 percent for the fifth year of such grant; and (2) in the case of a qualified organization that was established on or after the date of the enactment of this Act-- (A) 5 percent for the first year of such grant; (B) 10 percent for the second year of such grant; (C) 15 percent for the third year of such grant; (D) 15 percent for the fourth year of such grant; and (E) 15 percent for the fifth year of such grant. (g) Regulations; Reports.-- (1) Regulations.--The Attorney General is authorized to issue such regulations as may be necessary to carry out this section. (2) Reports by organizations.--Each qualified organization receiving a grant under this section shall submit to the Attorney General an annual report relating to the activities carried out with a grant under this section. Each such report shall include-- (A) the evaluations conducted under section 3(b)(10), and the best practices developed, if any, under section 3(b)(11); (B) demographic information about the eligible children served by the qualified organization; (C) demographic information about any eligible children who applied to participate in the activities carried out with a grant under this section by the qualified organization, but who were not accepted for participation; and (D) an evaluation of the effect of leadership development programming on the social and emotional learning of the eligible children served by the qualified organization. (3) Reports by the attorney general.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report summarizing the annual reports submitted to the Attorney General under paragraph (2). SEC. 4. DEFINITIONS. For the purposes of this Act: (1) Qualified organization.--The term ``qualified organization'' means an entity that carries out child-parent visitation programs that foster and develop familial ties between eligible children and their incarcerated parents, and that is-- (A) a national nonprofit organization with the capacity (as determined by the Attorney General) to carry out such visitation programs in each of the several States; (B) a nonprofit community-based or faith-based organization; or (C) a partnership of two or more organizations or entities described in subparagraphs (A) or (B). (2) Eligible children.--The term ``eligible children'' means individuals who-- (A) are not younger than age 5 and are not older than age 18; and (B) have at least one parent who-- (i) is incarcerated in a Federal or State prison; (ii) during the 3-month period preceding participation in the activities carried out by a qualified organization under section 3, has displayed exemplary compliance with the disciplinary regulations of the prison, and during such participation, continues to display exemplary compliance with such disciplinary regulations; and (iii) has never been convicted of or pled guilty to any offense involving child abuse or any sex offense against a minor. (3) Prison.--The term ``prison'' means any correctional, detention, penal, pre-release, or other confinement facility that is administered by the Federal Government or a State, or by a private organization on behalf of the Federal Government or a State. (4) Qualified program facilitator.--The term ``qualified program facilitator'' means an individual who-- (A) is licensed as a clinical psychologist, psychiatrist, or mental health professional, or is working under the direct supervision of such a licensed individual; (B) is licensed as a social worker or working under the direct supervision of a licensed social worker; (C) is a licensed or certified counselor of mental health, including an individual, school, or family counselor or therapist; (D) is an otherwise licensed or certified mental health professional qualified to provide services to children and adolescents; (E) has 5 or more years of experience working with children in a counseling capacity; or (F) has undergone a criminal background check, and has completed an orientation and all in-service training that is provided by a grantee for facilitators of a child-parent visitation program for eligible children. (5) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, and any commonwealth, possession, or territory of the United States. (6) Leadership development programming.--The term ``leadership development programming'' means programs that help children and adults acquire the knowledge, attitudes, and skills associated with the core areas of social and emotional competency, including-- (A) self-awareness and self-management to achieve school and life success, such as identifying and recognizing strengths, needs, emotions, values and self-efficacy, impulse control and stress management, self-motivation and discipline, and goal setting and organizational skills; (B) social awareness and interpersonal skills to establish and maintain positive relationships, such as self-esteem and respect for others, communication, working cooperatively, negotiation, conflict management, and help-seeking; and (C) decisionmaking skills and responsible behaviors in personal, academic and community contexts, such as situational analysis, problem solving, reflection, and personal, social, and ethical responsibility. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $5,000,000 for fiscal year 2011, and such sums as may be necessary for each of the 5 succeeding fiscal years.

Families Beyond Bars Act of 2010 - Authorizes the Attorney General to award grants to qualified organizations to carry out, directly or through subgrants to other entities, child-parent visitation programs that foster and develop familial ties between eligible children and their incarcerated parents.

To authorize a program to provide grants to nonprofit organizations that carry out child-parent visitation programs for children with incarcerated parents.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Air Incentive Act of 2003''. SEC. 2. CREDIT FOR QUALIFIED OZONE ATTAINMENT VEHICLE PROPERTY. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR QUALIFIED OZONE ATTAINMENT VEHICLE PROPERTY. ``(a) In General.--Under regulations prescribed by the Secretary, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the cost of any qualified ozone attainment vehicle property placed in service by the taxpayer during the taxable year. ``(b) Limitation.--The cost which may be taken into account under subsection (a) with respect to any vehicle is-- ``(1) in the case of any vehicle not described in paragraph (2)-- ``(A) $2,750 if credit is allowed by reason of subsection (d)(1), ``(B) $3,500 if credit is allowed by reason of subsection (d)(2), and ``(C) $4,000 if credit is allowed by reason of subsection (d)(3), ``(2) in the case of any truck or van with a gross vehicle weight rating greater than 10,000 pounds-- ``(A) $7,000 if credit is allowed by reason of subsection (d)(1), ``(B) $8,500 if credit is allowed by reason of subsection (d)(2), ``(C) $10,000 if credit is allowed by reason of subsection (d)(3). ``(c) Application With Other Credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, and 30, over ``(2) the tentative minimum tax for the taxable year. ``(d) Qualified Ozone Attainment Vehicle Property.--For purposes of this section, the term `qualified ozone attainment vehicle property' means any qualified clean-fuel vehicle property (as defined in section 179A(c)) if substantially all of the use of such property is in an area designated by the Administrator of the Environmental Protection Agency as-- ``(1) a serious ozone nonattainment area, ``(2) a severe ozone nonattainment area, or ``(3) an extreme ozone nonattainment area. ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (c). ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election to not take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle.''. (b) Coordination With Deduction for Clean-Fuel Vehicles.-- Subsection (b) of section 179A of such Code (relating to limitations) is amended by adding at the end the following new paragraph: ``(3) Coordination with credit for qualified ozone attainment vehicle property.--The cost which may be taken into account under subsection (a)(1)(A) with respect to any motor vehicle shall not exceed the excess (if any) of-- ``(A) the cost which would be so taken into account without regard to this paragraph, over ``(B) any credit allowed with respect to such vehicle under section 30B.''. (c) Conforming Amendments.-- (1) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit for qualified ozone attainment vehicle property.''. (2) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 30B(e)(1).''. (3) Section 53(d)(1)(B)(iii) of such Code is amended to read as follows: ``(iii) Special rule.--The adjusted net minimum tax for the taxable year shall be increased by the sum of-- ``(I) the amount of the credit not allowed under section 29 (relating to credit for producing fuel from a nonconventional source) solely by reason of the application of section 29(b)(6)(B), ``(II) the amount of the credit not allowed under section 30 solely by reason of the application of section 30(b)(3)(B), and ``(III) the amount of the credit not allowed under section 30B solely by reason of the application of section 30B(c)(2).''. (4) Section 55(c)(2) of such Code is amended by inserting ``30B(c),'' after ``30(b)(3),''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2003.

Clean Air Incentive Act of 2003 - Amends the Internal Revenue Code to allow a limited credit for qualified ozone attainment vehicle property. Defines such property as any qualified clean-fuel vehicle property, if substantially all of the use of such property is in an area designated as either: (1) a serious ozone nonattainment area; (2) a severe ozone nonattainment area; or (3) an extreme ozone nonattainment area.

To amend the Internal Revenue Code of 1986 to provide a credit for qualified clean-fuel vehicles which are used in certain ozone nonattainment areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement and Correctional Officers Employment Registration Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) law enforcement officials, including members of the International Association of Chiefs of Police recognize that violent crime represents the greatest threat to the safety and security of citizens and that dedicated, ethical law enforcement professionals and lawful community initiatives with participation by members of the community represent the best hope of responding to the challenges of violent crime; (2) the International Association of Chiefs of Police acknowledges that a few officers choose to violate the public trust by abusing their authority or by breaking the law. Such officers should not be able to seek police employment in another state or jurisdiction with the expectation that they will be able to conceal their history of misconduct; (3) there have been numerous documented cases of officers who have obtained officer employment and certification in a state after revocation of officer certification or dishonorable discharge in another state; (4) a national clearinghouse of officer employment histories would enable each criminal justice agency to conduct thorough background checks on officer applicants and to assure that only honest ethical officers are permitted to serve; and (5) Federal legislation is needed that would require Federal registration of employment termination data of law enforcement officers and correctional officers. SEC. 3. REGISTRATION. Subpart 1 of part E of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3781 et seq.) is amended by adding at the end thereof the following: ``registration of employment data of law enforcement and correctional officers. ``Sec. 509a. a(1) The Governor of each State, or chief executive of each territory of the United States, the District of Columbia or a Native American Indian tribe or band that receives funds under section 506 in a fiscal year shall designate the state peace officer standards board or its equivalent which shall submit a list, maintained electronically, of all law enforcement and correctional officers who held such office in such State or territory, the District of Columbia or a Native American Indian tribe or band on or since January 1, 1994, in accordance with paragraph (2). The list shall be submitted to an officer or agency designated by the Attorney General of the United States. The head of each department, agency, or other entity in the executive branch of the United States Government that employs law enforcement or correctional officers shall submit a list of all such personnel employed on or after January 1, 1994. Such list shall be updated and supplemented by agencies or officials responsible for submission of employment data in accordance with subsection (b). ``(2) Such list shall include the names (and any former names), dates of birth, social security numbers, Federal Bureau of Investigation fingerprint identification numbers if known, the dates of appointment as officers if known, the names and addresses or National Crime Information Center numbers of the appointing or employing agencies, and if applicable, the dates such service ended for such officers. ``(b) The agency or official responsible for submission of such employment data shall, not later than 90 days after an officer's employment, appointment, or separation from employment or appointment, notify the agency or officer designated by the Attorney General of the United States to receive such employment data, that a law enforcement officer or correctional officer has been appointed or employed as an officer, or that a registered officer is no longer empowered or employed as such. If the former officer has had officer certification revoked for cause, that fact shall be reported. ``(c) For purposes of the section: ``(1) The term `law enforcement officer' means a federal law enforcement officer, or an individual who is elected or appointed by a State or territory, or a political subdivision thereof, by the District of Columbia or by a Native American Indian tribe or band, to conserve the peace, or to make arrests or serve warrants, or to otherwise possess or exercise the authority of a peace officer. In the case of law enforcement officers elected or appointed by a State or a political subdivision thereof, `law enforcement officer' only includes those required by the applicable law of the State to be licensed or certified. ``(2) The term `correctional officer' means a federal correctional officer, or an individual who is elected or appointed by a State or territory, or a political subdivision thereof, by the District of Columbia or by a Native American Indian tribe or band to guard or supervise prisoners or inmates of jails or other detention, penal or correctional facilities. In the case of correctional officers elected or appointed by a State or a political subdivision thereof, `correctional officer' only includes those required by the applicable law of the state to be licensed or certified. (3) ``The term `certification revoked for cause' means cancellation or revocation of an individual's law enforcement officer or correctional officer state professional license by a state peace officer standards board or its equivalent after administrative due process has been afforded the officer.'' A `law enforcement officer' or `correctional officer' includes an individual whether compensated for services or not, whether full- or part-time, and whether appointment, election or term of office is temporary or permanent. Such terms do not include citizens who are called to assist an officer in the performance of the officer's duties, unless such citizen received a deputation or commission of appointment lasting longer than 30 days. ``(d)(1) As a condition of employment, each State, territory, or political subdivision thereof, the District of Columbia, each Native American Indian tribe or band and each federal agency that employs law enforcement officers or correctional officers shall require all applicants for appointment to or employment in such positions before beginning employment-- ``(A) to disclose all prior service or employment as a law enforcement or correctional officer, and ``(B) to submit a written authorization and request for release of information, on a form prescribed by the Attorney General or designee. ``(2) When a prospective law enforcement or correctional employer obtains an officer's required written authorization and request for release of information, the Attorney General (or designee) is directed to release all data collected under subsections (a) and (b) of this section to such prospective employer. ``(3) Upon receipt of completed written authorization and request for release of information, and not later than 30 days after such officer is first appointed or employed or at any time prior to the appointment or employment of an applicant, each State, territory, and political subdivision thereof, the District of Columbia, each Native American Indian tribe or band and each federal agency that employs law enforcement or correctional officers shall notify the Attorney General (or designee). ``(e) The Attorney General shall issue regulations for the implementation of this section and the operation of the employment data clearinghouse. ``(f) Agencies or agency administrators who submit employment or officer certification data pursuant to this section are presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, are immune from civil liability for such disclosure or its consequences. The presumption of good faith is rebutted upon a showing that the data was submitted with knowledge of its falsity or was submitted with the malicious intent to deliberately mislead.''. SEC. 4. EFFECTIVE DATE. (a) In General.--This Act shall take effect October 1, 1994. (b) Information Compliance.--Lists required under section 509a (a) of the Omnibus Crime Control and Safe Streets Act of 1968 shall be submitted not later than 180 days after the enactment of this Act. Not later than 180 days after the date of the enactment of this Act, each State, territory, or political subdivision thereof, the District of Columbia, each Native American Indian tribe or band and each federal agency employing law enforcement and correctional officers shall comply with the requirements described in subsection (d) of section 509a of the Omnibus Crime Control and Safe Streets Act of 1968. The Director of the Bureau of Justice Assistance may authorize grants to agencies to assist in their compliance with Subsection (1) of this Act. SEC. 5. REPORTS. Not later than 2 years after the date of the enactment of this Act, the Attorney General, upon consultation with the Director of the Bureau of Justice Assistance, shall submit a report to the Committees on the Judiciary of the House of Representatives and the Senate evaluating the compliance with the requirements of section 509a of the Omnibus Crime Control and Safe Streets Act of 1968, and listing each State, territory, or political subdivision thereof, the District of Columbia, each Native American Indian tribe or band and each federal agency employing law enforcement or correctional officers that has failed materially to comply with the requirements of this section. Such subsequent reports shall be presented as are deemed appropriate by the Attorney General.

Law Enforcement and Correctional Officers Employment Registration Act of 1994 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Governor (or the chief executive officer) of each State, U.S. territory, the District of Columbia, or a Native American Indian tribe or band (State) that receives drug control and system improvement formula grants to designate the State peace officer standards board or its equivalent which shall submit to an officer or agency designated by the Attorney General (designee) a list, maintained electronically, of all law enforcement and correctional officers who held such office in such State on or since January 1, 1994 (including their dates of birth, social security numbers, Federal Bureau of Investigation fingerprint identification numbers, dates of appointment as officers, names and addresses or National Crime Information Center numbers of the appointing or employing agencies, and dates such service ended. Requires: (1) the head of each department, agency, or other entity in the executive branch that employs law enforcement or correctional officers to submit a list of all such personnel employed on or after Janaury 1, 1994, which shall be updated and supplemented by agencies or officials responsible for submission of employment data; and (2) such agencies or officials to notify the designee of an officer's employment, appointment, or separation. Directs each State or political subdivision to require all applicants for such positions before beginning employment to: (1) disclose all prior service or employment as an officer; and (2) submit a written authorization and request for release of information. Directs the Attorney General, when a prospective employer obtains an officer's request for release of information, to release data collected pursuant to this Act to the employer. Makes agencies or agency administrators who submit employment or officer certification data pursuant to this Act immune from civil liability for such disclosure or its consequences, except upon a showing of lack of good faith by clear and convincing evidence.

Law Enforcement and Correctional Officers Employment Registration Act of 1994

SECTION 1. INCREASE IN FEDERAL EXCISE TAX ON ALL CIGARETTES. (a) In General.--Subsection (b) of section 5701 of the Internal Revenue Code of 1986 (relating to imposition of tax on cigarettes) is amended-- (1) by striking ``$12 per thousand ($10 per thousand on cigarettes removed during 1991 or 1992)'' in paragraph (1) and inserting ``$16 per thousand'', and (2) by striking ``$25.20 per thousand ($21 per thousand on cigarettes removed during 1991 or 1992)'' in paragraph (2) and inserting ``$33.60''. (b) Floor Stocks.-- (1) Imposition of tax.--On cigarettes manufactured in or imported into the United States which are removed before October 1, 1993, and held on such date for sale by any person, there shall be imposed the following taxes: (A) Small cigarettes.--On cigarettes, weighing not more than 3 pounds per thousand, $4 per thousand; and (B) Large cigarettes.--On cigarettes, weighing more than 3 pounds per thousand, $8.40 per thousand; except that, if more than 6\1/2\ inches in length, they shall be taxable at the rate prescribed for cigarettes weighing not more than 3 pounds per thousand, counting each 2\3/4\ inches, or fraction thereof, of the length of each as one cigarette. (2) Exception for certain amounts of cigarettes.-- (A) In general.--No tax shall be imposed by paragraph (1) on cigarettes held on any tax-increase date by any person if-- (i) the aggregate number of cigarettes held by such person on such date does not exceed 30,000, and (ii) such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. For purposes of this subparagraph, in the case of cigarettes measuring more than 6\1/2\ inches in length, each 2\3/4\ inches (or fraction thereof) of the length of each shall be counted as one cigarette. (B) Authority to exempt cigarettes held in vending machines.--To the extent provided in regulations prescribed by the Secretary, no tax shall be imposed by paragraph (1) on cigarettes held for retail sale on any tax-increase date by any person in any vending machine. If the Secretary so provides with respect to any person, the Secretary may reduce the 30,000 amount in subparagraph (A) and the $60 amount in paragraph (3) with respect to such person. (3) Credit against tax.--Each person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to $60. Such credit shall not exceed the amount of taxes imposed by paragraph (1) for which such person is liable. (4) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding cigarettes on October 1, 1993, to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before March 31, 1994. (5) Definitions.--For purposes of this subsection-- (A) Cigarette.--The term ``cigarette'' shall have the meaning given to such term by subsection (b) of section 5702 of the Internal Revenue Code of 1986. (B) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. (6) Controlled groups.--Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. (c) Effective Date.--The amendments made by subsection (a) shall apply to cigarettes removed after September 30, 1993. SEC. 2. TRANSFER OF ADDITIONAL REVENUES TO FEDERAL HOSPITAL INSURANCE TRUST FUND. (a) In General.--There are hereby appropriated for deposit into the Federal Hospital Insurance Trust Fund established under section 1817(a) of the Social Security Act amounts determined by the Secretary of the Treasury or his delegate to be equivalent to-- (1) the excess of the amount of the taxes received in the Treasury under section 5701(b) of the Internal Revenue Code of 1986 over the amount which would be so received if section 1 of this Act had not been enacted, reduced by (2) the amount of credits or payments allowable under such Code which are properly chargeable against the amount of such excess. (b) Method of Transfer.--The amounts appropriated by subsection (a) shall be transferred at least monthly from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury or his delegate of the amounts referred to in subsection (a) received in the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

Amends the Internal Revenue Code to increase the excise tax on cigarettes. Transfers to the Federal Hospital Insurance Trust Fund (Medicare) any revenue resulting from the increase.

To amend the Internal Revenue Code of 1986 to increase to 32 cents per pack the Federal excise tax on cigarettes and to provide that the revenues from the additional tax shall be deposited in the Federal Hospital Insurance Trust Fund under the Social Security Act.

SECTION 1. SHORT TITLE; FINDINGS; PURPOSES. (a) Short Title.--This Act may be cited as the ``Indian Tribal Trade and Investment Demonstration Project Act of 2011''. (b) Findings.--Congress finds that-- (1) the public and private sectors in the Republic of Turkey have demonstrated a unique interest in bolstering cultural, political, and economic relationships with Indian tribes and tribal members; (2) uneconomic regulatory, statutory, and policy barriers are preventing more robust relationships between the Turkish and Indian tribal communities; and (3) it is in the interest of Indian tribes, the United States, and the United States-Turkey relationship to remove or ameliorate these barriers through the establishment of an Indian Tribal Trade and Investment Demonstration Project. (c) Purpose.--The purposes of this Act are-- (1) to remove or ameliorate the certain barriers to facilitate trade and financial investment in Indian tribal economies; (2) to encourage increased levels of commerce and economic investment by private entities incorporated in or emanating from the Republic of Turkey; and (3) to further the policy of Indian self-determination by strengthening Indian tribal economies and political institutions in order to raise the material standard of living of Indians. SEC. 2. DEFINITIONS. In this Act: (1) Applicant.--The term ``applicant'' means an Indian tribe or a consortium of Indian tribes that submits an application under this Act seeking participation in the demonstration project. (2) Demonstration project.--The term ``demonstration project'' means the trade and investment demonstration project authorized by this Act. (3) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). (4) Participating indian tribe.--The term ``participating Indian tribe'' means an Indian tribe selected by the Secretary from the applicant pool. (5) Project; activity.--The terms ``project'' and ``activity'' mean a community, economic, or business development undertaking that includes components that contribute materially to carrying out a purpose or closely related purposes that are proposed or approved for assistance under more than one Federal program. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. INDIAN TRIBAL TRADE AND INVESTMENT DEMONSTRATION PROJECT. (a) In General.--The Secretary shall authorize Indian tribes selected under section 4 to participate in a demonstration project under this Act, which shall be known as the ``Indian Tribal Trade and Investment Demonstration Project''. (b) Lead Agency.--The Department of the Interior shall be the lead agency for purposes of carrying out the demonstration project. (c) Tribal Approval of Leases.--Notwithstanding any other provision of law, and in the discretion of a participating Indian tribe or consortium, any lease of Indian land held in trust by the United States for a participating Indian tribe (or an Indian tribe in a consortium) entered into under this Act to carry out a project or activity shall not require the approval of the Secretary if the lease-- (1) is entered into in furtherance of a commercial partnership involving one or more private entities incorporated in or emanating from the Republic of Turkey; (2) is entered into not later than one year after the date of the enactment of this Act; (3) is not for the exploration, development, or extraction of any mineral resources; (4) does not include lease of land or an interest in land held in trust for an individual Indian; (5) is executed under the tribal regulations approved by the Secretary under this Act; and (6) has a term that does not exceed 25 years, except that any such lease may include an option to renew for up to 2 additional terms, each of which may not exceed 25 years. (d) Activities To Be Conducted on Leased Lands.--Indian land held in trust by the United States for the benefit of a participating Indian tribe (or an Indian tribe in a consortium) may be leased for activities consistent with the purposes of this Act, including business and economic development, public, educational, or residential purposes, including the development or use of natural resources in connection with operations under such leases, for grazing purposes, and for those farming purposes which require the making of a substantial investment in the improvement of the land for the production of specialized crops as determined by the Secretary. (e) Approval of Tribal Regulations.-- (1) In general.--The Secretary shall approve a tribal regulation issued for the purposes of subsection (c)(4), if the tribal regulation-- (A) is consistent with regulations, if any, issued by the Secretary under this Act; and (B) provides for an environmental review process that includes-- (i) the identification and evaluation of any significant effects of the proposed action on the environment; and (ii) a process for ensuring that-- (I) the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed action identified by the participating Indian tribe or consortium; and (II) the participating Indian tribe or consortium provides responses to relevant and substantive public comments on those impacts before the participating Indian tribe or consortium approves the lease. (2) Secretarial review.-- (A) In general.--Not later than 120 days after the date on which the tribal regulations under this subsection are submitted to the Secretary, the Secretary shall review and approve or disapprove the regulations. (B) Written documentation.--If the Secretary disapproves such tribal regulations, the Secretary shall include written documentation with the disapproval notification that describes the basis for the disapproval. (C) Extension.--The deadline described in subparagraph (A) may be extended by the Secretary, after consultation with the participating Indian tribe or consortium. (f) Federal Environmental Review.--Notwithstanding subsection (e)(2), if a participating Indian tribe or consortium carries out a project or activity funded by a Federal agency, the participating Indian tribe or consortium may rely on the environmental review process of the applicable Federal agency rather than any tribal environmental review process under this subsection. (g) Documentation.--If a participating Indian tribe or consortium executes a lease pursuant to tribal regulations approved under this section, the participating Indian tribe or consortium shall provide the Secretary with-- (1) a copy of the lease, including any amendments or renewals to the lease; and (2) in the case of tribal regulations or a lease that allows for lease payments to be made directly to the participating Indian tribe or consortium, documentation of the lease payments that are sufficient to enable the Secretary to discharge the trust responsibility of the United States under subsection (h). (h) Trust Responsibility.-- (1) In general.--The United States shall not be liable for losses sustained by any party to a lease executed under this Act. (2) Authority of secretary.--Pursuant to the authority of the Secretary to fulfill the trust obligation of the United States to an Indian tribe under Federal law, including regulations, the Secretary may, upon reasonable notice from the Indian tribe and at the discretion of the Secretary, enforce the provisions of, or cancel, any lease executed by a participating Indian tribe or consortium under this Act. (i) Compliance.-- (1) In general.--An interested party, after exhausting applicable tribal remedies, may submit a petition to the Secretary, at such time and in such form as the Secretary determines to be appropriate, to review the compliance of a participating Indian tribe or consortium with any tribal regulations approved by the Secretary under this Act. (2) Violations.--If, after carrying out a review under paragraph (1), the Secretary determines that the tribal regulations were violated, the Secretary may take any action the Secretary determines to be necessary to remedy the violation, including rescinding the approval of the tribal regulations and reassuming responsibility for the approval of leases of Indian lands. (3) Documentation.--If the Secretary determines under this paragraph that a violation of tribal regulations has occurred and a remedy is necessary, the Secretary shall-- (A) make a written determination with respect to the regulations that have been violated; (B) provide the applicable participating Indian tribe or consortium with a written notice of the alleged violation together with such written determination; and (C) prior to the exercise of any remedy, the rescission of the approval of the regulation involved, or the reassumption of lease approval responsibilities, provide the applicable participating Indian tribe or consortium with-- (i) a hearing that is on the record; and (ii) a reasonable opportunity to cure the alleged violation. SEC. 4. SELECTION OF PARTICIPATING INDIAN TRIBES. (a) Participants.-- (1) In general.--During the first year after the date of the enactment of this Act, the Secretary may select not more than 6 Indian tribes or consortia from the applicant pool described in subsection (b) to submit an application to be a participating Indian tribe or consortium. (2) Consortia.--Two or more Indian tribes may form a consortium to participate as an applicant under paragraph (1). (b) Applicant Pool.--The applicant pool described in this subsection shall consist of each Indian tribe or consortium that-- (1) requests participation in the demonstration project through a resolution or other official action of the tribal governing body; and (2) demonstrates, for the 3 fiscal years immediately preceding the fiscal year for which participation is requested, financial stability and financial management capability as demonstrated by a showing by the Indian tribe or consortium that there were no material audit exceptions in the required annual audit of the self-determination contracts of the Indian tribe or consortium. SEC. 5. APPLICATION REQUIREMENTS, REVIEW, AND APPROVAL. (a) Requirements.--An Indian tribe or consortium selected under subsection (a) may submit to the Secretary an application that-- (1) identifies the activities to be conducted by the Indian tribe or consortium; (2) describes the revenues, jobs, and related economic benefits and other likely consequences to the Indian tribe or consortium, its members, the investors, and the surrounding communities to be generated as a result of the activities identified in paragraph (1); and (3) is approved by the governing body of the Indian tribe or consortium, including, in the case of an applicant that is a consortium of Indian tribes, the governing body of each affected member Indian tribe. (b) Review and Approval.-- (1) In general.--Not later than 90 days after the date of receipt of an application under subsection (a), the Secretary shall inform the applicant, in writing, of the approval or disapproval of the application. (2) Disapproval.--If an application is disapproved, the written notice shall identify the reasons for the disapproval and the applicant shall be provided an opportunity to amend and resubmit the application to the Secretary. SEC. 6. REPORT TO CONGRESS. Not later than 1 year after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress a report that includes-- (1) a description of the economic benefits and other consequences to participating Indian tribes, their members, and surrounding communities as a result of the economic activities and financial investment engendered by the demonstration project; and (2) observations drawn from the implementation of this Act and recommendations reasonably designed to improve the operation or consequences of the demonstration project.

Indian Tribal Trade and Investment Demonstration Project Act of 2011 - (Sec. 3) Authorizes the Secretary of the Interior to select up to six Indian tribes or consortia of Indian tribes to participate in an Indian Tribal Trade and Investment Demonstration Project that facilitates trade and financial investment in Indian tribal economies by private entities from Turkey. Allows participating tribes or consortia to lease land held in trust for them by the federal government without the Secretary's approval if the lease: (1) is in furtherance of a community, economic, or business development undertaking with a Turkish entity; (2) is entered into within 1 year of this Act's enactment; (3) is not for mineral exploration, development, or extraction; (4) does not include land held in trust for an individual Indian; (5) is executed under tribal regulations approved by the Secretary under this Act; and (6) has a term that does not exceed 25 years, though it may include certain renewal options. Requires the Secretary to approve tribal lease regulations if they are consistent with any regulations the Secretary issues under this Act and subject proposed activities to an environmental review process. Requires that process to identify and evaluate significant impacts the proposed activity may have on the environment and give the public an opportunity to be heard regarding those impacts before a lease is approved by the tribe or consortium. Allows participating tribes or consortia to rely on federal environmental reviews if proposed actions are federally funded. Authorizes the Secretary, pursuant to federal trust obligations, to enforce the provisions of, or cancel, any lease executed by a participating Indian tribe or consortium under this Act. Absolves the federal government from liability for any loss sustained by a party to such a lease. Allows an interested party, after exhausting applicable tribal remedies, to petition the Secretary to review the compliance of a participating tribe or consortium with tribal regulations approved by the Secretary under this Act. (Sec. 4) Requires tribes and consortia to demonstrate financial stability and financial management capability for the three fiscal years that precede their request to participate in the demonstration project by showing that there were no material audit exceptions in the required annual audit of their self-determination contracts. (Sec. 6) Directs the Secretary, within one year of this Act's enactment, to report to Congress on the effects of the demonstration project and on ways to improve its effectiveness.

To facilitate economic development by Indian tribes and encourage investment by Turkish enterprises.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Benefits Eligibility Fairness Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The intent of the Employee Retirement Income Security Act of 1974 to protect the pension and welfare benefits of workers is frustrated by the practice of mislabeling employees to improperly exclude them from employee benefit plans. Employees are wrongly denied benefits when they are mislabeled as temporary employees, part-time employees, leased employees, agency employees, staffing firm employees, and contractors. If their true employment status were recognized, mislabeled employees would be eligible to participate in employee benefit plans because such plans are offered to other employees performing the same or substantially the same work and working for the same employer. (2) Mislabeled employees are often paid through staffing, temporary, employee leasing, or other similar firms to give the appearance that the employees do not work for their worksite employer. Employment contracts and reports to government agencies also are used to give the erroneous impression that mislabeled employees work for staffing, temporary, employee leasing, or other similar firms, when the facts of the work arrangement do not meet the common law standard for determining the employment relationship. Employees are also mislabeled as contractors and paid from non-payroll accounts to give the appearance that they are not employees of their worksite employer. These practices violate the Employee Retirement Income Security Act of 1974. (3) Employers are amending their benefit plans to add provisions that exclude mislabeled employees from participation in the plan even in the event that such employees are determined to be common law employees and otherwise eligible to participate in the plan. These plan provisions violate the Employee Retirement Income Security Act of 1974. (4) As a condition of employment or continued employment, mislabeled employees are often required to sign documents that purport to waive their right to participate in employee benefit plans. Such documents inaccurately claim to limit the authority of the courts and applicable Federal agencies to correct the mislabeling of employees and to enforce the terms of plans providing for their participation. This practice violates the Employee Retirement Income Security Act of 1974. (b) Purpose.--The purpose of this Act is to clarify applicable provisions of the Employee Retirement Income Security Act of 1974 to ensure that employees are not improperly excluded from participation in employee benefit plans as a result of mislabeling of their employment status. SEC. 3. ADDITIONAL STANDARDS RELATING TO MINIMUM PARTICIPATION REQUIREMENTS. (a) Required Inclusion of Service.--Section 202(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1052(a)(3)) is amended by adding at the end the following new subparagraph: ``(E) For purposes of this section, in determining `years of service' and `hours of service', service shall include all service for the employer as an employee under the common law, irrespective of whether the worker-- ``(i) is paid through a staffing firm, temporary help firm, payroll agency, employment agency, or other such similar arrangement, ``(ii) is paid directly by the employer under an arrangement purporting to characterize an employee under the common law as other than an employee, or ``(iii) is paid from an account not designated as a payroll account.'' (b) Exclusion Precluded When Related to Certain Purported Categorizations.--Section 202 of such Act (29 U.S.C. 1052) is amended further by adding at the end the following new subsection: ``(c)(1) Subject to paragraph (2), a pension plan shall be treated as failing to meet the requirements of this section if any individual who-- ``(A) is an employee under the common law, and ``(B) performs the same work (or substantially the same work) for the employer as other employees who generally are not excluded from participation in the plan, is excluded from participation in the plan, irrespective of the placement of such employee in any category of workers (such as temporary employees, part-time employees, leased employees, agency employees, staffing firm employees, contractors, or any similar category) which may be specified under the plan as ineligible for participation. ``(2) Nothing in paragraph (1) shall be construed to preclude the exclusion from participation in a pension plan of individuals who in fact do not meet a minimum service period or minimum age which is required under the terms of the plan and which is otherwise in conformity with the requirements of this section.'' SEC. 4. WAIVERS OF PARTICIPATION INEFFECTIVE IF RELATED TO MISCATEGORIZATION OF EMPLOYEE. Section 202 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1052) (as amended by section 3) is amended further by adding at the end the following new subsection: ``(d) Any waiver or purported waiver by an employee of participation in a pension plan or welfare plan shall be ineffective if related, in whole or in part, to the miscategorization of the employee in 1 or more ineligible plan categories.'' SEC. 5. OBJECTIVE ELIGIBILITY CRITERIA IN PLAN INSTRUMENTS. Section 402 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1102) is amended by adding at the end the following new subsection: ``(c)(1) The written instrument pursuant to which an employee benefit plan is maintained shall set forth eligibility criteria which-- ``(A) include and exclude employees on a uniform basis; ``(B) are based on reasonable job classifications; and ``(C) are based on objective criteria stated in the instrument itself for the inclusion or exclusion (other than the mere listing of an employee as included or excluded). ``(2) No plan instrument may permit an employer or plan sponsor to exclude an employee under the common law from participation irrespective of the placement of such employee in any category of workers (such as temporary employees, leased employees, agency employees, staffing firm employees, contractors, or any similar category) if the employee-- ``(A) is an employee of the employer under the common law, ``(B) performs the same work (or substantially the same work) for the employer as other employees who generally are not excluded from participation in the plan, and ``(C) meets a minimum service period or minimum age which is required under the terms of the plan.'' SEC. 6. ENFORCEMENT. Section 502(a)(3)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(a)(3)(B)) is amended-- (1) by striking ``or'' in clause (i) and inserting a comma, (2) by striking the semicolon at the end of clause (ii) and inserting ``, or'', and (3) by adding at the end the following: ``(iii) to provide relief to employees who have been miscategorized in violation of sections 202 and 402;''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to plan years beginning on or after the date of the enactment of this Act.

Sets forth additional standards relating to minimum requirements for such plan participation. Prohibits employers from excluding from plans such individuals who work full-time, on an indefinite long-term basis, by miscategorizing them as temporary workers. Prohibits any such exclusion based on certain purported categorizations. Makes waivers of plan participation ineffective if related to such miscategorization of employees. Requires objective eligibility criteria in plan instruments. Sets forth enforcement procedures to provide relief to employees who have been miscategorized in violation of this Act.

Employee Benefits Eligibility Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``White House Conference on Haiti Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Haiti is the poorest country in the Western Hemisphere. (2) On January 12, 2010, a 7.0 magnitude earthquake struck the country of Haiti. (3) The earthquake caused massive devastation across Haiti, destroying government buildings, hospitals, schools, and vital aid offices including the headquarters of the United Nations mission to Haiti. (4) An estimated 3,000,000 people have been directly affected by the disaster in Haiti, nearly one-third of the country's population, who are currently at risk of long-term displacement and vulnerability. (5) Prior to the earthquake, Haiti was still in the process of recovering from a recent series of hurricanes and tropical storms, previous natural disasters, and food shortages and rising commodity prices, but was showing encouraging signs of improvement. (6) President Obama vowed the ``unwavering support'' of the United States and pledged a ``swift, coordinated and aggressive effort to save lives and support the recovery in Haiti''. (7) Prior to the earthquake, there were approximately 10,000 nongovernmental organizations operating in Haiti. (8) At least 3,000,000 Haitians live abroad. (9) Haitians abroad provide significant capital to local economies in Haiti through travel and remittances and have the potential to advance reconstruction efforts by providing needed skills and resources. (10) The response to the tragedy from the global community has been overwhelmingly positive. (11) Individuals, businesses, and philanthropic organizations across the United States and throughout the international community have responded in support of Haiti during this time of crisis. SEC. 3. AUTHORIZATION OF THE CONFERENCE. (a) Authority To Call Conference.--Not later than December 31, 2010, the President shall call the White House Conference on Haiti (in this Act referred to as the ``Conference'') to be convened not later than 6 months after the selection of the Policy Committee established in section 4, in order to make fundamental policy recommendations on ways to assist in the recovery and long-term development of Haiti. (b) Planning and Direction.--The Secretary of State and the Secretary of Homeland Security (in this Act referred to as the ``Co- chairs'') shall plan, conduct, and convene the Conference, in consultation with other appropriate Cabinet members. (c) Purposes of Conference.--The purposes of the Conference are to-- (1) bring attention to the ongoing challenges facing Haiti and the progress made in its recovery from the January 12, 2010, earthquake; (2) promote collaboration and coordination between the United States Government, foreign governments, the private sector, international nongovernmental organizations, and the Haitian diaspora; (3) identify gaps or duplication in the provision of humanitarian assistance; (4) highlight innovative ideas for sustainable rebuilding and redevelopment in Haiti; (5) share best practices in development assistance in Haiti and in nations facing similar challenges; (6) develop opportunities for greater involvement in Haiti's recovery by the Haitian diaspora and the private sector; (7) review the structure, scope, and effectiveness of existing policies and initiatives by public and private entities regarding development assistance, stability, and long- term economic growth in Haiti; and (8) identify possible changes to United States immigration, trade, and foreign aid policies that may assist in a more rapid, sustainable recovery. SEC. 4. POLICY COMMITTEE; RELATED COMMITTEES. (a) Establishment.--Not later than June 30, 2010, there is established a Policy Committee comprising of 17 members to be selected as follows: (1) Presidential appointees.--Nine members shall be selected by the President and shall include-- (A) 3 members who are officers or employees of the United States; and (B) 6 members with experience in addressing the needs of disaster-stricken and developing countries. (2) House appointees.-- (A) Selection by speaker.--Two members shall be selected by the Speaker of the House of Representatives after consultation with the chairperson of the Committee on Foreign Affairs, the chairperson of the Committee on Homeland Security, the chairperson of the Committee on the Judiciary, the chairperson of the Committee on Energy and Commerce, and the chairperson of the Committee on Financial Services, of the House of Representatives. (B) Selection by minority leader.--Two members shall be selected by the minority leader of the House of Representatives, after consultation with the ranking minority members of such committees. (3) Senate appointees.-- (A) Selection by majority leader.--Two members shall be selected by the majority leader of the Senate, after consultation with members of the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Finance, of the Senate. (B) Selection by minority leader.--Two members shall be selected by the minority leader of the Senate, after consultation with members of such committees. (b) Voting; Chairperson.-- (1) Voting.--The Policy Committee shall act by the vote of a majority of the members present. A quorum of Committee members shall not be required to conduct Committee business. (2) Chairperson.--The Under Secretary of State for Public Diplomacy and Public Affairs shall serve as the chairperson of the Policy Committee. The chairperson may vote only to break a tie vote of the other members of the Policy Committee. (c) Duties of the Policy Committee.--The Policy Committee shall initially meet at the call of the Co-chairs, not later than 30 days after the last member is selected under subsection (a). Subsequent meetings of the Policy Committee shall be held at the call of the chairperson. Through meetings, hearings, and working sessions, the Policy Committee shall-- (1) make recommendations to the Co-chairs to facilitate the timely convening of the Conference; (2) submit to the Co-chairs a proposed agenda for the Conference not later than 90 days after the first meeting of the Policy Committee; (3) make recommendations for the delegates of the Conference; (4) establish the number of delegates to be selected under section 5; and (5) establish an executive committee consisting of 3 members of the Policy Committee to work with delegates of the Conference. SEC. 5. CONFERENCE DELEGATES. To carry out the purposes of the Conference, the Co-chairs shall bring together delegates representative of the spectrum of thought in the fields of development and humanitarian assistance, infrastructure development, trade, democratic strengthening, and Haitian culture and history, without regard to political affiliation or past partisan activity, who shall include-- (1) representatives of the United States and international governments; (2) members of the Haitian diaspora; (3) representatives of international nongovernmental organizations; and (4) individuals from private sector entities. SEC. 6. CONFERENCE ADMINISTRATION. (a) Administration.--In administering this section, the Co-chairs shall-- (1) provide written notice to all members of the Policy Committee of each meeting, hearing, or working session of such Committee not later than 48 hours before the occurrence of such meeting, hearing, or working session; (2) request the cooperation and assistance of the heads of such other Federal departments and agencies as may be appropriate, including the detailing of personnel; (3) make available for public comment a proposed agenda prepared by the Policy Committee, which will reflect to the greatest extent possible the major issues facing assistance to Haiti with the purposes of the Conference set forth in section 3(c); (4) prepare and make available background materials that the Co-chairs deem necessary for the use of delegates to the Conference; and (5) employ such additional personnel as may be necessary to carry out the provisions of this Act without regard to provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (b) Duties.--In carrying out the Co-chairs's responsibilities and functions under this section, the Co-chairs shall ensure that-- (1) the proposed agenda prepared under subsection (a)(3) is published in the Federal Register not later than 30 days after such agenda is approved by the Policy Committee; (2) the personnel employed under subsection (a)(5) are fairly balanced in terms of points of views represented and are appointed without regard to political affiliation or previous partisan activities; (3) the recommendations of the Conference are not inappropriately influenced by any public official or by any special interest, but instead are the result of the independent and collective judgment of the delegates of the Conference; and (4) before the Conference is convened-- (A) current and adequate statistical data and other information on health and social outcomes in Haiti, and (B) such information as may be necessary to evaluate programs and policies relating to Haiti, which the Co-chairs may obtain by making grants to or entering into an agreement with, public agencies or nonprofit organizations, are readily available in advance of the Conference to the delegates. (c) Gifts.--The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. Gifts of cash shall be available in addition to amounts appropriated to carry out this title. Gifts may be earmarked by the donor or the executive committee for a specific purpose. (d) Records.--The Co-chairs shall maintain records regarding-- (1) the sources, amounts, and uses of gifts accepted under subsection (c); and (2) the identity of each person receiving assistance to carry out this Act, and the amount of such assistance received by each such person. SEC. 7. REPORT OF THE CONFERENCE. (a) Preliminary Report.--Not later than 100 days after the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference which shall be published in the Federal Register and submitted to Members of Congress and relevant administration officials. The Policy Committee shall request that Members of Congress and administration officials submit to the Policy Committee, not later than 45 days after receiving such report, their views and findings on such report. (b) Final Report.--Not later than 6 months after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report of the Conference which shall include a compilation of the views and findings of the Members of Congress and administration officials received under subsection (a); and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations for the administrative action and the legislation necessary to implement the recommendations contained in such report. SEC. 8. STATUS REPORTS. (a) Initial Status Report.--Not later than 1 year after the date on which the Conference adjourns, the Under Secretary of State for Public Diplomacy and Public Affairs shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 7(b)(1); and (2) publish in the Federal Register, and transmit to the President and to Congress, such status report. (b) Subsequent Status Reports.--Not later than 5 years after the date on which the Conference adjourns, and every 5 years thereafter until all recommendations in the final report described in section 7(b)(1) are achieved, the Comptroller General shall-- (1) prepare a status report documenting the implementation of the recommendations contained in such final report; and (2) publish in the Federal Register, and transmit to the President and to Congress, such status report. SEC. 9. COMMITTEE HEARINGS. (a) Hearings on Reports.--The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate shall each hold hearings on the recommendations and status reports received by Congress under sections 7(b)(2), 8(a)(2), and 8(b)(2). (b) Hearings.--The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate shall each hold annual hearings on recovery and long-term development of Haiti. (c) Exercise of Rulemaking Authority.--Subsections (a) and (b) are enacted-- (1) as an exercise of the rulemaking power of the House of Representatives and Senate, and, as such, they shall be considered as part of the rules of the House or Senate (as the case may be), and such rules shall supersede any other rule of the House or Senate only to the extent that rule is inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner, and to the same extent as in the case of any other rule of the House or Senate. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.-- (1) In general.--There are authorized to be appropriated to carry out this Act-- (A) such sums as may be necessary for the first fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) such sums as may be necessary for the fiscal year in which the Conference is held. (2) Limitation.--Any new spending authority or new authority to enter into contracts under this Act, and under which the United States is obligated to make outlays, shall be effective only to the extent, and in such amounts, as are provided in advance in appropriations Acts. (b) Availability of Funds.-- (1) In general.--Except as provided in paragraph (3), funds appropriated to carry out this Act and funds received as gifts under section 6(c) shall remain available for obligation or expenditure until the expiration of the 1-year period beginning on the date the Conference adjourns. (2) Unobligated funds.--Except as provided in paragraph (3), any such funds neither obligated nor expended before the expiration of the 1-year period beginning on the date the Conference adjourns shall be returned to the United States Treasury. (3) Conference not convened.--If the Conference is not convened before December 31, 2010, a trust fund shall be established and such funds shall be deposited in the trust fund and shall only be available for a future Conference on Haiti.

White House Conference on Haiti Act of 2010 - Directs: (1) the President to call the White House Conference on Haiti, to be convened not later than six months after the selection of the Policy Committee, in order to make fundamental policy recommendations on ways to assist in Haiti's recovery and long-term development; and (2) the Secretary of State and the Secretary of Homeland Security (DHS) to plan and conduct the Conference. Establishes the Policy Committee not later than June 30, 2010, and requires a preliminary and final report from the Committee. Requires, within one year after the Conference adjourns, an initial status report from the Under Secretary of State for Public Diplomacy and Public Affairs on the implementation of the recommendations, as well as subsequent status reports every five years thereafter from the Comptroller General until all final report recommendations are achieved. Requires specified congressional committee hearings on the recommendations, status reports, and recovery and long-term development of Haiti.

To require the President to call a White House Conference on Haiti.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness and Accountability in Receiving Overdraft Coverage Act of 2009'' or the ``FAIR Overdraft Coverage Act''. SEC. 2. FINDINGS AND PURPOSE. Section 102 of the Truth in Lending Act (15 U.S.C. 1601) is amended by adding at the end the following: ``(c) Fairness and Accountability in Overdraft Coverage.-- ``(1) Findings.--The Congress also finds that-- ``(A) overdraft coverage is a form of short-term credit that depository institutions provide for consumer transaction accounts. Historically, depository institutions covered overdrafts for a fee on an ad hoc basis; ``(B) with the growth in specially designed software programs and in consumer use of debit cards, overdraft coverage for a fee has become more prevalent; ``(C) most depository institutions do not notify consumers when adding this feature to their transaction accounts, and some do not permit consumers to eliminate this feature from such accounts; ``(D) most depository institutions collect a high flat fee, including for small dollar transactions, each time the institution covers an overdraft, in some cases impose multiple overdraft coverage fees within a single day, and many charge additional fees for each day during which the account remains overdrawn; and ``(E) such abusive and misleading practices in connection with overdraft coverage fees have deprived consumers of meaningful choices about their accounts and placed significant financial burdens on low- and moderate-income consumers. ``(2) Purpose.--It is the purpose of this title to protect consumers by limiting abusive and misleading overdraft coverage fees and practices, and by providing meaningful disclosures and consumer choice in connection with overdraft coverage fees.''. SEC. 3. DEFINITIONS. (a) Additional Definitions.--Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding at the end the following: ``(cc) Definitions Relating to Overdraft Coverage.-- ``(1) Check.--The term `check' has the same meaning as in section 3(6) of the Check Clearing for the 21st Century Act (12 U.S.C. 5001 et seq.), other than a travelers check. ``(2) Depository institution.--The term `depository institution' has the same meaning as in clauses (i) through (vi) of section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)). ``(3) Nonsufficient fund fee.--The term `nonsufficient fund fee' means a fee or charge assessed in connection with an overdraft for which a depository institution declines payment. ``(4) Overdraft.--The term `overdraft' means the amount of a withdrawal by check or other debit from a transaction account in which there are insufficient or unavailable funds in the account to cover such check or debit. ``(5) Overdraft coverage.--The term `overdraft coverage' means the payment of a check presented or other debit posted against a transaction account by the depository institution in which such account is held, even though there are insufficient or unavailable funds in the account to cover such checks or other debits. ``(6) Overdraft coverage fee.--The term `overdraft coverage fee' means any fee or charge assessed in connection with overdraft coverage, or in connection with any negative account balance that results from overdraft coverage, excluding fees or charges relating to overdraft lines of credit or transfers from an account linked to another transaction account or line of credit. Such fee shall be considered a `finance charge' for purposes of section 106(a), but shall not be included in the calculation of the rate of interest for purposes of section 107(5)(A)(vi) of the Federal Credit Union Act (12 U.S.C. 1757(5)(A)(vi)). ``(7) Overdraft coverage program.--The term `overdraft coverage program' means a service under which a depository institution assesses an overdraft coverage fee for overdraft coverage. ``(8) Transaction account.--The term `transaction account' has the same meaning as in section 19(b)(1)(C) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(C)).''. (b) Conforming Amendment.--Section 107(5)(A)(vi) of the Federal Credit Union Act (12 U.S.C. 1757(5)(A)(vi)) is amended by inserting ``, other than an overdraft coverage fee, as defined in section 103(cc) of the Truth in Lending Act (12 U.S.C. 1602(cc))'' after ``inclusive of all finance charges''. SEC. 4. FAIR MARKETING AND PROVISION OF OVERDRAFT COVERAGE PROGRAMS. Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following new section: ``SEC. 140B. OVERDRAFT COVERAGE PROGRAM DISCLOSURES AND CONSUMER PROTECTION. ``(a) Prohibitions.--No depository institution may engage in acts or practices in connection with the marketing of or the provision of overdraft coverage that are unfair, deceptive, or designed to evade the provisions of this section. ``(b) Marketing Disclosures.--Each depository institution that provides or offers to provide overdraft coverage with respect to transaction accounts held at that depository institution shall clearly and conspicuously disclose in all marketing materials for such overdraft coverage any overdraft coverage fees. ``(c) Consumer Consent Opt-In.--A depository institution may charge overdraft coverage fees with respect to withdrawals from automated teller machines or debit card transfers only if the consumer has consented in writing, in electronic form, or in such other form as is permitted under regulations of the Board. ``(d) Consumer Disclosures.--Each depository institution shall clearly disclose to each consumer covered by an overdraft protection program of that depository institution-- ``(1) that-- ``(A) the consumer may be charged for not more than one overdraft coverage fee in any single calendar month and not more than 6 overdraft coverage fees in any single calendar year, per transaction account; and ``(B) the depository institution retains the discretion to pay (without assessing an overdraft coverage fee) or reject overdrafts incurred by the consumer beyond the numbers described in subparagraph (A); ``(2) information about any alternative overdraft products that are available, including a clear explanation of how the terms and fees for such alternative services and products differ; and ``(3) such other information as the Board may require, by rule. ``(e) Periodic Statements.--Each depository institution that offers an overdraft coverage program shall, in each periodic statement for any transaction account that has an overdraft coverage program feature, clearly disclose to the consumer the dollar amount of all overdraft coverage fees charged to the consumer for the relevant period and year to date. ``(f) Exclusion From Account Balance Information.--No depository institution may include the amount available under the overdraft coverage program of a consumer as part of the transaction account balance of that consumer. ``(g) Prompt Notification.--Each depository institution shall promptly notify consumers, through a reasonable means selected by the consumer, when overdraft coverage has been accessed with respect to the account of the consumer, not later than on the day on which such access occurs, including-- ``(1) the date of the transaction; ``(2) the type of transaction; ``(3) the overdraft amount; ``(4) the overdraft coverage fee; ``(5) the amount necessary to return the account to a positive balance; and ``(6) whether the participation of a consumer in an overdraft coverage program will be terminated if the account is not returned to a positive balance within a given time period. ``(h) Terminated or Suspended Coverage.--Each depository institution shall provide prompt notice to the consumer, using a reasonable means selected by the consumer, if the institution terminates or suspends access to an overdraft coverage program with respect to an account of the consumer, including a clear rationale for the action. ``(i) Notice and Opportunity To Cancel.--Each depository institution shall-- ``(1) warn any consumer covered by an overdraft coverage program who engages in a transaction through an automated teller machine or a branch teller if completing the transaction would trigger overdraft coverage fees, including the amount of the fees; and ``(2) provide to the consumer the opportunity to cancel the transaction before it is completed. ``(j) Overdraft Coverage Fee Limits.-- ``(1) Frequency.--A depository institution may charge not more than one overdraft coverage fee in any single calendar month, and not more than 6 overdraft coverage fees in any single calendar year, per transaction account. ``(2) Reasonable and proportional overdraft coverage fees.-- ``(A) In general.--The amount of any overdraft coverage fee that a depository institution may assess for paying a transaction (including a check or other debit) shall be reasonable and proportional to the cost of processing the transaction. ``(B) Safe harbor rule authorized.--The Board, in consultation with the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, the Director of the Office of Thrift Supervision, and the National Credit Union Administration Board, may issue rules to provide an amount for any overdraft coverage fee that is presumed to be reasonable and proportional to the actual cost of processing the transaction. ``(3) Posting order.--In order to minimize overdraft coverage fees charged to consumers, each depository institution shall post transactions with respect to transaction accounts in such a manner that the consumer does not incur avoidable overdraft coverage fees. ``(k) Debit Holds.--No depository institution may charge an overdraft coverage fee on any category of transaction, if the overdraft results solely from a debit hold amount placed on a transaction account that exceeds the actual dollar amount of the transaction. ``(l) Nondiscrimination for Not Opting In.--In implementing the requirements of this section, each depository institution shall provide to consumers who have not consented to participate in an overdraft coverage program, transaction accounts having the same terms, conditions, or other features as those that are provided to consumers who have consented to participate in such overdraft coverage program, except for features of such overdraft coverage. ``(m) Non-Sufficient Fund Fee Limits.--No depository institution may charge any non-sufficient fund fee with respect to-- ``(1) any transaction at an automated teller machine; or ``(2) any debit card transaction. ``(n) Reports to Consumer Reporting Agencies.--No depository institution may report negative information regarding the use of overdraft coverage by a consumer to any consumer reporting agency (as that term is defined in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a)) when the overdraft amounts and overdraft coverage fees are paid under the terms of an overdraft coverage program. ``(o) Rule of Construction.--No provision of this section may be construed as prohibiting a depository institution from retaining the discretion to pay, without assessing an overdraft coverage fee or charge, an overdraft incurred by a consumer.''. SEC. 5. REGULATORY AUTHORITY OF THE BOARD. (a) In General.--Not later than 9 months after the date of enactment of this Act (except as provided in subsection (b)), the Board of Governors of the Federal Reserve System (in this Act referred to as the ``Board''), in consultation with the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, the Director of the Office of Thrift Supervision, and the National Credit Union Administration Board, shall issue such final rules and publish such model forms as necessary to carry out section 140B of the Truth in Lending Act, as added by this Act. (b) Board Authority Regarding Additional Warnings.--The Board may, by rule, after taking into account the findings of the Comptroller General of the United States under section 6, require warnings at locations such as point-of-sale transfer terminals or other locations, that are similar to those required under section 140B(i) of the Truth in Lending Act, as added by this Act, where feasible, and if the cost of providing such warnings does not outweigh the benefit to consumers. SEC. 6. STUDY AND REPORT BY THE GAO. (a) Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study regarding whether it is feasible for a depository institution-- (A) to provide a warning to a consumer at a point- of-sale transfer terminal that completing a transfer may trigger overdraft coverage fees; and (B) to provide the consumer with the opportunity to cancel the point-of-sale transfer before the transaction is completed. (2) Considerations.--In conducting the study under this subsection, the Comptroller General shall evaluate-- (A) the benefits to consumers of a point-of-sale transfer overdraft warning and opportunity to cancel; (B) the availability of technology to provide such a warning and opportunity; and (C) the cost of providing such warning and opportunity. (b) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the results of the study conducted under subsection (a). (c) Definitions.--As used in this section, the terms ``overdraft coverage program'', ``overdraft coverage fee'', and ``depository institution'' have the same meanings as in section 103(cc) of the Truth in Lending Act, as added by this Act. SEC. 7. EFFECTIVE DATE. (a) In General.--This Act and the amendments made by this Act shall become effective 1 year after the date of enactment of this Act, whether or not the rules of the Board under this Act or such amendments are issued in final form. (b) Moratorium on Fee Increases.-- (1) In general.--During the 1-year period beginning on the date of enactment of this Act, no depository institution may increase the overdraft coverage fees or charges assessed on transaction accounts for paying a transaction (including a check or other debit) in connection with an overdraft or for non-sufficient funds. (2) Definitions.--As used in this section, the terms ``depository institution'', ``overdraft'', ``overdraft coverage fee'', ``transaction account'' and ``nonsufficient fund fee'' have the same meanings as in section 103(cc) of the Truth in Lending Act, as added by this Act.

Fairness and Accountability in Receiving Overdraft Coverage Act of 2009 or FAIR Overdraft Coverage Act - Amends the Truth in Lending Act to prohibit a depository institution from engaging in unfair or deceptive acts or practices in connection with overdraft coverage, or in acts designed to evade the provisions of this Act. Requires each depository institution that provides overdraft coverage for transaction accounts to clearly and conspicuously disclose overdraft coverage fees. Subjects to the consumer's written, electronic, or other consent overdraft coverage fees for withdrawals from either automated teller machines or from debit card transfers. Requires a depository institution to provide specified consumer disclosures regarding its overdraft protection program, including: (1) periodic statements for any transaction account that has an overdraft coverage program feature; and (2) prompt notification of the account's overdraft status. Prescribes overdraft coverage fee limits. Prohibits an overdraft coverage fee if the overdraft results solely from a debit hold amount that exceeds the actual dollar amount of the transaction. Requires a depository institution to provide consumers who have not consented to participate in an overdraft coverage program transaction accounts with the same terms as those provided to consumers who have consented to participate in such program. Prohibits a depository institution from charging a non-sufficient fund fee for any transaction at an automated teller machine or any debit card transaction. Prohibits a depository institution from reporting negative information regarding consumer use of overdraft coverage to any consumer reporting agency when the overdraft amounts and coverage fees are paid under the terms of an overdraft coverage program.

A bill to amend the Truth in Lending Act, to establish fair and transparent practices related to the marketing and provision of overdraft coverage programs at depository institutions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``OPIC Abolition Act''. SEC. 2. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION. (a) Termination of Authority To Make New Obligations.--(1) Effective 60 days after the date of the enactment of this Act, the Overseas Private Investment Corporation shall not issue any insurance, guaranties, or reinsurance, make any loan, or acquire any securities, under section 234 of the Foreign Assistance Act of 1961, enter into any agreements for any other activity authorized by such section 234, or enter into risk sharing arrangements authorized by section 234A of that Act. (2) Paragraph (1) does not require the termination of any contract or other agreement entered into before such paragraph takes effect. (b) Termination of OPIC.--Effective 180 days after the date of the enactment of this Act, the Overseas Private Investment Corporation is abolished. (c) Transfer of Operations to OMB.--The Director of the Office of Management and Budget shall, effective 180 days after the date of the enactment of this Act, perform the functions of the Overseas Private Investment Corporation with respect to contracts and agreements described in subsection (a)(2) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement. The Director shall take the necessary steps to wind up the affairs of the Corporation. (d) Repeal of Authorities.--Effective 180 days after the date of the enactment of this Act, title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 and following) is repealed, but shall continue to apply with respect to functions performed by the Director of the Office of Management and Budget under subsection (c). (e) Appropriations.--Funds available to the Corporation shall, upon the effective date of the repeal made by subsection (d), be transferred to the Director of the Office of Management and Budget for use in performing the functions of the Corporation under subsection (c). Upon the expiration of the contracts and agreements with respect to which the Director is exercising such functions, any unexpended balances of the funds transferred under this subsection shall be deposited in the Treasury as miscellaneous receipts. SEC. 3. SAVINGS PROVISIONS. (a) Prior Determinations Not Affected.--The repeal made by section 2(d) of the provisions of law set forth in such section shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Director of the Office of Management and Budget, or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Pending Proceedings.--(1) The repeal made by section 2(d) shall not affect any proceedings, including notices of proposed rulemaking, pending on the effective date of the repeal, before the Overseas Private Investment Corporation, except that no insurance, reinsurance, guarantee, or loan may be issued pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Director of the Office of Management and Budget after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (2) The Director of the Office of Management and Budget is authorized to issue regulations providing for the orderly transfer of proceedings continued under paragraph (1). (c) Actions.--Except as provided in subsection (e)-- (1) the provisions of this Act shall not affect suits commenced before the effective date of the repeal made by section 2(d); and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (d) Liabilities Incurred.--No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Overseas Private Investment Corporation, shall abate by reason of the enactment of this Act. No cause of action by or against the Overseas Private Investment Corporation, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this Act. (e) Parties.--If, before the effective date of the repeal made by section 2(d), the Overseas Private Investment Corporation or an officer thereof in the official capacity of such officer, is a party to a suit, then such suit shall be continued with the Director of the Office of Management and Budget substituted or added as a party. (f) Review.--Orders and actions of the Director of the Office of Management and Budget in the exercise of functions of the Overseas Private Investment Corporation shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Overseas Private Investment Corporation. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Overseas Private Investment Corporation shall apply to the exercise of such function by the Director of the Office of Management and Budget. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) Title 5, United States Code.--(1) Section 5314 of title 5, United States Code, is amended by striking ``President, Overseas Private Investment Corporation.''. (2) Section 5315 of title 5, United States Code, is amended by striking ``Executive Vice President, Overseas Private Investment Corporation.''. (3) Section 5316 of title 5, United States Code, is amended by striking ``Vice Presidents, Overseas Private Investment Corporation (3).''. (b) Other Amendments and Repeals.--(1) Section 222(a) of the Foreign Assistance Act of 1961 is amended by inserting after ``section 238(c)'' the following: ``as in effect on the day before the effective date of the repeal of that section made by section 2(d) of the OPIC Abolition Act''. (2) Section 2301(b)(9) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)(9)) is amended by striking ``the Overseas Private Investment Corporation,''. (3) Section 2312(d)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)(1)) is amended-- (A) by striking subparagraph (K); and (B) by redesignating subparagraphs (L) and (M) as subparagraphs (K) and (L), respectively. (4) Section 5402(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended-- (A) in paragraph (12) by adding ``and'' after the semicolon; (B) by striking paragraph (13); and (C) by redesignating paragraph (14) as paragraph (13). (5) Section 709 of title 18, United States Code, is amended by striking the paragraph that begins ``Whoever uses the words `Overseas Private Investment'''. (6) Section 624 of the Higher Education Act of 1965 (20 U.S.C. 1131c) is amended by striking ``the Overseas Private Investment Corporation,''. (7) Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(A)) is amended by striking ``(including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation)''. (8)(A) Section 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (22 U.S.C. 2394 note) is amended-- (i) by amending subsection (b) to read as follows: ``(b) Countries.--The countries referred to in subsection (a) are countries for which in excess of $5,000,000 has been obligated during the previous fiscal year for assistance under sections 103 through 106, chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961, and under the Support for East European Democracy Act of 1989.''; and (ii) in the first sentence of subsection (c) by striking ``the Administrator'' and all that follows through ``Corporation'' and inserting ``and the Administrator of the Agency for International Development''. (B) The amendment made by subparagraph (A) shall first apply to the annual report required to be submitted under section 574(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 in the fiscal year following the fiscal year in which no funds have been obligated by the Overseas Private Investment Corporation by virtue of this Act. (9) Section 2(c)(12) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)) is repealed. (10) Section 202(b)(2)(B) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)) is amended-- (A) by striking clause (iv); and (B) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi), respectively. (11) Section 9101(3) of title 31, United States Code, is amended-- (A) by striking subparagraph (H); and (B) by redesignating subparagraphs (I) through (P) as subparagraphs (G) through (O), respectively. (12) The following provisions of law are repealed: (A) Section 5(b)(2) of the Overseas Private Investment Corporation Amendments Act of 1981 (22 U.S.C. 2194a). (B) Section 5 of the Taiwan Relations Act (22 U.S.C. 3304). (C) Subsections (b), (c), and (d) of section 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991. (D) Subsections (b), (c), and (d) of section 597 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990. (E) Sections 109 and 111 of the Overseas Private Investment Corporation Amendments Act of 1988, as enacted by reference in section 555 of Public Law 100-461. (c) Effective Date.--The amendments and repeals made by this section shall take effect 180 days after the date of the enactment of this Act.

OPIC Abolition Act - Abolishes the Overseas Private Investment Corporation (OPIC).

OPIC Abolition Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``YMCA Healthy Teen Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Adolescence is an ideal time to promote good physical health. Positive and negative behaviors in adolescence tend to carry over into adulthood. (2) Unfortunately, many American teenagers exhibit behaviors that compromise their present and future health. (3) Many adolescents are not very active and many do not have a healthy diet. Insufficient physical activity and poor nutrition play roles in obesity, coronary heart disease, stroke, hypertension, type 2 diabetes and some cancers. (4) Other health risk factors for teens include tobacco use, drug and alcohol use, mental health problems, and dangerous behaviors that lead to injury and violence. (5) It is clear that the health of our youth is in danger. (6) The YMCA movement--in its history, strengths and commitments--is in a unique position to tackle this public health problem. (7) Research has shown that YMCA programs have a powerful influence on adolescent behavior, both protecting young people from many different problem behaviors and promoting positive attitudes and behaviors. (8) Recognizing the unique obstacles faced by teenagers, the YMCA has launched the Teen Action Agenda, a nationwide campaign to dramatically expand programs that serve teens. (9) In more than 1,900 YMCAs across the United States in cities large and small, in neighborhoods rich and poor, teen groups meet regularly and engage one another in safe, wholesome, educational, recreational and creative activities. (10) YMCAs serve people of all faiths, races, abilities, ages, and incomes. (11) Approximately 400 YMCAs partner with juvenile courts, 300 partner with public housing developments, 1,550 partner with elementary schools, and 1,033 partner with high schools. (12) The YMCA is especially committed to reaching teens that are most at-risk for exhibiting health-compromising behaviors. SEC. 3. DEFINITIONS. In this Act: (1) Local ymca.--The term ``local YMCA'' means one of the approximately 2,400 locally incorporated and governed YMCAs in the United States. (2) Teen and teenager.--The terms ``teen'' and ``teenager'' mean any individual between the ages of 11 and 19. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Ymca of the usa.--The term ``YMCA of the USA'' means the private, nonprofit, national membership and service organization of approximately 2,400 local YMCAs. SEC. 4. GRANTS TO THE YMCA OF THE USA TO PROMOTE HEALTHY LIVING AMONG TEENS. (a) Purposes.--Subject to the availability of appropriations, the Secretary shall award a grant to the YMCA of the USA for the implementation of programs to promote healthy living among teenage youth. (b) Subgrants.--From amounts provided under a grant awarded under subsection (a), the YMCA of the USA shall award subgrants to a local YMCA, or a consortium of local YMCAs, to be used for expenditures associated with programs carried out under this Act, including the hiring of staff and other personnel, procurement of goods, services and equipment, or such other purposes as are approved by the Secretary. SEC. 5. USE OF FUNDS. (a) In General.-- (1) Programs for at-risk teens.--Amounts provided under a grant under this Act shall be used by the YMCA of the USA to provide funding to carry out YMCA programs that have a primary purpose of serving teenage youth at-risk for exhibiting health- compromising behaviors. (2) Program requirements.-- (A) Requirement.--Each school- or community-based program for which assistance is provided under this Act shall include-- (i) physical activity programs among teenage youth; and (ii) nutrition education programs among teenage youth. (B) Other permissible uses.--A school- or community-based program for which assistance is provided under this Act may also include strategies to reduce other health risks among teenage youth, such as alcohol use, tobacco use, drug use, mental health problems, and dangerous behaviors that lead to injury and violence. (b) Funding for Miscellaneous Activities.--From amounts provided under a grant under this Act for each fiscal year, the YMCA of the USA shall use-- (1) not less than 2 percent of such amounts for research and evaluation of subgrants awarded under this Act; (2) not less than 5 percent of such amounts for targeted health and wellness program development initiatives focused on issues such as-- (A) youth and teens; (B) minority populations; (C) low-income populations; and (D) school, hospital and community collaborations; and (3) not more than 6 percent of such amounts for the management and administration of the subgrants awarded under this Act. SEC. 6. APPLICATIONS FOR SUBGRANTS. (a) Eligibility.--To be eligible to receive a subgrant under this Act, a local YMCA or consortium of YMCAs shall submit an application to the YMCA of the USA that shall include-- (1) a request for a subgrant to be used for the purposes of this Act; (2) a description of the population to be served by the subgrant and information demonstrating that this population is at-risk for exhibiting unhealthy living; (3) a description of the program to be expanded or established under the subgrant; (4) a description of the manner in which the applicant shall coordinate with appropriate State and local authorities, such as State and local school departments, State departments of health, governors councils for physical activity and good nutrition, and State and local parks and recreation departments; (5) a description of the manner in which the applicant will evaluate the effectiveness of the program carried out under the subgrant; (6) information demonstrating that there are non-Federal contributions (which may be in the form of an in-kind contribution of goods or services) available to cover at least 50 percent of the total cost of the project to be funded under the subgrant; and (7) any additional statistical or financial information that the YMCA of the USA may reasonably require. (b) Consideration of Subgrants.--In awarding subgrants under this Act, the YMCA of the USA shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing teen activities; and (3) efforts to achieve an equitable geographic distribution of subgrant awards. SEC. 7. REPORT. For each fiscal year for which a grant is awarded under this Act, the YMCA of the USA shall submit to the Secretary a report that details the progress of programs funded under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2004 through 2008. (b) Continued Availability.--Amounts appropriated to carry out this Act shall remain available until expended.

YMCA Healthy Teen Act - Directs the Attorney General to award a grant to the YMCA of the USA to make subgrants to local YMCAs for programs to promote healthy living among teenage youth.

A bill to promote healthy lifestyles and prevent unhealthy, risky behaviors among teenage youth.

SECTION 1. FINDINGS. Congress finds the following: (1) Simeon Saunders Booker, Jr., was born on August 27, 1918, in Baltimore, Maryland, to Reberta Waring and Simeon Saunders Booker, Sr., a YMCA director and minister. (2) After his family moved to Youngstown, Ohio, Booker became interested in journalism. (3) Booker promoted and wrote about Negro League baseball teams in Youngstown's local newspaper, The Vindicator. (4) In 1945, he moved back to Ohio to work for the Call and Post, where he became the first African-American reporter to win a Newspaper Guild Award for his series on Cleveland, Ohio, slum housing, and a Willkie Award for reporting on racial inequities in the public schools. (5) In 1950, Booker was the recipient of the Nieman Fellowship from Harvard University to study journalism and develop his talent as a reporter. (6) After leaving Harvard in 1951, Booker became the first full-time African-American reporter at The Washington Post. (7) In 1955, he helped to advance the civil rights movement with his famous coverage of the Emmett Till murder and trial, turning a common occurrence in the Deep South into a national tragedy that united the Black community. (8) He remained at the forefront of the civil rights movement, reporting on the 1957 integration of Central High School in Little Rock, Arkansas. (9) In 1961, he rode with the Congress on Racial Equality (CORE) Freedom Riders through the Deep South. (10) When the Freedom Riders were firebombed and beaten in Anniston, Alabama, in a Ku Klux Klan ambush, Booker arranged for their rescue by calling U.S. Attorney General Robert F. Kennedy. (11) In two wartime tours of Vietnam in the 1960s, he interviewed Black troops on the front lines, and took enemy fire in a helicopter with United States Army General William Westmoreland for reports for Jet and Ebony magazines. (12) He has chronicled the most tumultuous period in American history in two highly acclaimed books, Shocking the Conscience: A Reporter's Account of the Civil Rights Movement (University Press of Mississippi, 2013), and Black Man's America (Prentice Hall, 1964). (13) Often called the ``dean of the black press'', as chief of Ebony and Jet magazines' Washington bureau, he interviewed presidents, senators and representatives, members of the judiciary, cabinet officers, foreign ambassadors, and other important members of the Washington community. His column, ``Ticker Tape U.S.A.'' became a must-read for politicians and government officials. (14) He covered every Presidential election since the Eisenhower Administration in his fifty-three years with Johnson Publishing until he retired in 2007. (15) In 1982, Booker received one of the most prestigious awards in journalism, the National Press Club's Fourth Estate Award. (16) His honors and awards include: Nieman Fellowship, Harvard University 1950; elected president of the Capitol Press Club, 1956; Fourth Estate Award, National Press Club, 1982; inducted into Hall of Fame, Washington Chapter of Sigma Delta Chi, and Hall of Fame of Washington, DC, 1984; Master Communicators Award, National Black Media Coalition, 1998; Phoenix Award, Congressional Black Caucus Foundation, 2010; inducted into Hall of Fame, National Association of Black Journalists, 2013. 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 Simeon Saunders Booker, Jr., in recognition of his achievements in the field of journalism, including reporting during the Civil Rights movement, as well as social and political commentary. (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 sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

This bill 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 Simeon Saunders Booker, Jr., in recognition of his achievements in the field of journalism, including his reporting during the civil rights movement and his social and political commentary.

To award a Congressional Gold Medal to Simeon Booker in recognition of his achievements in the field of journalism, including reporting during the Civil Rights movement, as well as social and political commentary.

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's National World War II Museum Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) The National D-Day Museum Foundation, Inc., a nonprofit corporation under section 503(c)(3) of the Internal Revenue Code of 1986, was established ``to celebrate the American Spirit''. (2) The National D-Day Museum Foundation, Inc., is responsible for the finances and management of the National D- Day Museum in New Orleans, Louisiana. (3) The National D-Day Museum is the only museum in the Nation that exists for the exclusive purpose of interpreting the American experience in the World War II years (1939-1945), both on the battle front and the home front, including all branches of the Armed Forces (including the United States merchant marine). (4) The National D-Day Museum was founded by the preeminent American historian, Stephen E. Ambrose, as a result of a conversation with President Dwight D. Eisenhower in 1963. During that conversation, the former Supreme Allied Commander credited Andrew Jackson Higgins, chief executive officer of Higgins Industries in New Orleans, as the ``man who won the war for us'' because the 12,000 landing craft designed by Higgins made possible all the amphibious invasions of World War II and carried American soldiers into every theater of the war. (5) Since the grand opening of the National D-Day Museum on June 6, 2000, the museum has attracted nearly 1,000,000 visitors from around the world, of which 85 percent are Americans from across the Nation. (6) There is an urgent need to preserve the stories, artifacts, and heroic achievements of the ``greatest generation'' of World War II, who are dying at a rate of more than 1,200 each day. (7) The Nation has a need to preserve forever the knowledge and history of America's most decisive achievement in the 20th century and to portray that history to citizens, visitors, and school children for centuries to come. (8) The Congress recognized this need first in 1992 with an appropriation to fund the design and construction of the National D-Day Museum to commemorate the epic 1944 Normandy invasion and later in 1998, 2000, 2001, and 2002, with appropriations to help expand the museum's exhibits to the D- Days of the Pacific and other campaigns of World War II. (9) The State of Louisiana and thousands of donors and foundations across the Nation have contributed millions of dollars to help build this national institution. (10) The board of trustees of the National D-Day Museum is national in scope and diverse in its makeup. (11) The World War II Memorial now under construction on the National Mall in Washington, D.C., should always be the Nation's memorial where people go to remember America's sacrifices in World War II. (12) The National D-Day Museum should always be America's museum of the American experience in the World War II years (1939-1945) where people go to learn about this critical period and where the history of the Nation's monumental struggle will be preserved so that future generations may understand the role the United States played in the preservation and advancement of democracy and freedom in the middle of the 20th century. (13) The National D-Day Museum seeks to educate a diverse group of audiences through its collection of artifacts, photographs, letters, documents, and firsthand personal accounts of the participants in the war on the home front during one of history's darkest hours. (14) The National D-Day Museum is devoted to the combat experience of America's citizen soldiers in all theaters of the war and to the heroic efforts of the men and women on the home front who worked tirelessly to support the troops and the war effort. (15) The National D-Day Museum continues to add to and maintain one of the Nation's largest personal history collections of the men and women who participated in World War II and on the home front. (16) No other museum seeks to describe the volunteer spirit that arose throughout the United States during the war years of World War II--the spirit that united the country. (17) The National D-Day Museum is currently engaged in a 250,000-square-foot expansion to include as the core exhibitions of the museum the Center for the Study of the American Spirit, an advanced format theater, and a new United States pavilion. (18) The planned ``We're All in This Together'' Exhibit will describe the role played by every State, commonwealth, and territory in World War II, and the computer-driven database and software of the National D-Day Museum's educational program will be made available to the teachers and school children of every State, commonwealth, and territory. (19) The National D-Day Museum is an official Smithsonian affiliate institution with formal agreement to borrow Smithsonian artifacts for future exhibitions. (20) ``Le Memorial de Caen'' in Normandy, France, has officially recognized the National D-Day Museum as its official partner in a patriotic alliance signed by both museums on October 16, 2002. (21) The official Battle of the Bulge Museums in Luxembourg and the American Battlefield Monuments Commission in Europe are already collaborating with the National D-Day Museum on World War II exhibitions. (22) The Congress authorized $4,200,000 in fiscal year 2002 and $3,000,000 in fiscal year 2003 Department of Defense Appropriations Acts for planning the expansion of the National D-Day Museum to portray the untold campaigns of World War II and to include new exhibits on the war on land, sea, and air and special exhibits on the China-Burma-India theater, the Japanese invasion of Alaska's Aleutian Islands, the role of women in World War II, the role of African Americans in World War II, and other relevant subjects. (23) It is fitting and proper to refer to the National D- Day Museum Foundation, Inc., as ``America's National World War II Museum''. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to authorize reference to the National D-Day Museum, including its future and expanded exhibits, collections, and educational programs, as ``America's National World War II Museum''; (2) to ensure the continuing preservation, maintenance, and interpretation of the artifacts, documents, images, and history collected by the museum; (3) to enhance the knowledge of the American people of the American experience during the World War II years, both in combat and on the home front; (4) to provide and support a facility for the public display of the artifacts, photographs, letters, documents, and personal histories of the World War II years (1939-1945); (5) to provide educational outreach programs for teachers and students throughout the Nation; (6) to encourage for educational purposes the further expansion of the European and Pacific exhibits in the museum to include the Center for the Study of the American Spirit; and (7) to ensure that all future generations understand the magnitude of the American contribution to the Allied victory in World War II, the sacrifices made to preserve freedom and democracy, and the benefits of peace for all future generations in the 21st century and beyond. SEC. 4. REFERENCE TO AMERICA'S NATIONAL WORLD WAR II MUSEUM. The National D-Day Museum located in New Orleans, Louisiana, and managed by the National D-Day Museum Foundation, Inc., is hereby authorized to be referred to as ``America's National World War II Museum''.

America's National World War II Museum Act of 2003 - Authorizes the National D-Day Museum in New Orleans, Louisiana (which is managed by the National D-Day Museum Foundation, Inc.) to be referred to as America's National World War II Museum.

To authorize reference to the National D-Day Museum in New Orleans, Louisiana, as "America's National World War II Museum".

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Business Transparency on Trafficking and Slavery Act''. (b) Findings.--Congress finds that-- (1) in 2010, the Department of Labor identified 128 goods from 70 countries around the world made by forced labor and child labor; (2) the United States is the world's largest importer, and in the twenty-first century, investors, consumers, and broader civil society increasingly demand information about the human rights impact of products in the United States market; (3) in 2010, California enacted the first State law requiring manufacturers and retail companies to publicly disclose their policies to eradicate slavery, forced labor, and human trafficking within their supply chains; (4) the Smoot-Hawley Tariff Act of 1930, which prohibits importation of goods made with forced labor or convict labor, has a broad exception for goods that cannot be produced in the United States in sufficient quantities to meet the demands of American consumers; (5) courts have also ruled that consumers do not have standing to bring a civil action in United States courts for enforcement of this provision of the Tariff Act, because the legislative intent was to protect American manufacturers from unfairly priced goods, not to protect consumers from tainted goods, consequently, there are fewer than 40 enforcement actions on record in the past 80 years; and (6) other mechanisms related to slavery and trafficking in the stream of commerce suffer from similar problems of limited scope, broad exceptions, and inability to provide information about specific suppliers whose goods are tainted. (c) Sense of Congress.--It is the sense of Congress that-- (1) forced labor, slavery, human trafficking and the worst forms of child labor are among the most egregious forms of abuse that humans commit against each other, in the name of commercial profit; (2) the legislative and regulatory framework to prevent goods produced through forced labor, slavery, human trafficking, and the worst forms of child labor from passing into the stream of commerce in the United States is gravely inadequate; and (3) legislation is necessary to provide the information that the public demands, recognizing that businesses can be part of the solution to these problems when they transparently provide information to consumers and investors, and subsequently respond to consumer and investor demands for business reasons, rather than solely reacting to governmental prescriptions on how to conduct their business. SEC. 2. DISCLOSURE TO SEC RELATING TO SLAVERY CONDITIONS WITHIN PRODUCT SUPPLY CHAINS. 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: ``(r) Disclosures Relating to Slavery Conditions Within Product Supply Chains.-- ``(1) Regulations.--Not later than 270 days after the date of the enactment of this subsection, the Commission shall promulgate regulations requiring any person required to file reports with the Commission under this section to include annually in such reports, beginning with the person's first full fiscal year that begins after the date of promulgation of such regulations, a disclosure of any measures such person has taken during the year for which such reporting is required to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within such person's supply chains. Such disclosure shall include the following information under the heading `Policies to Address Forced Labor, Slavery, Human Trafficking and the Worst Forms of Child Labor' describing to what extent, if any, the person conducts any of the following activities: ``(A) Maintains a policy to identify and eliminate risks of forced labor, slavery, human trafficking, and the worst forms of child labor within its supply chain. If the person maintains such a policy, the disclosure shall include the text of the policy or a substantive description of the elements of the policy. ``(B) Maintains a policy prohibiting the use of the person's corporate products, facilities, or services to obtain or maintain someone under conditions of forced labor, slavery, human trafficking, and the worst forms of child labor. ``(C) Engages in verification of product supply chains to evaluate and address risks of forced labor, slavery, human trafficking and the worst forms of child labor. The disclosure shall-- ``(i) describe the greatest risks identified within the supply chain, and the measures taken toward eliminating those risks; ``(ii) specify whether the verification was or was not conducted by a third party; and ``(iii) specify whether the verification process includes consultations with independent unions, workers' associations, or workers within workplaces and incorporates the resulting certification or written comments from such independent union, workers' associations, or workers. ``(D) Ensures that audits of suppliers are conducted to evaluate supplier compliance with the person's company standards for eliminating forced labor, slavery, human trafficking, and the worst forms of child labor in supply chains. The disclosure shall specify if the verification was not an independent, unannounced audit. ``(E) Assesses supply chain management and procurement systems of suppliers in the person's supply chain, to verify whether said suppliers have in place appropriate systems to identify risks of forced labor, slavery, human trafficking, and the worst forms of child labor within their own supply chain. ``(F) Requires suppliers in its supply chain to certify that materials incorporated into the product comply with the laws regarding forced labor, slavery, human trafficking, and the worst forms of child labor of the country or countries in which they are doing business. ``(G) Maintains internal accountability standards, supply chain management and procurement systems, and procedures for employees or contractors failing to meet the person's company standards regarding forced labor, slavery, human trafficking, and the worst forms of child labor. The report shall describe such standards and systems. ``(H) Provides the person's employees and management who have direct responsibility for supply chain management, training on forced labor, slavery, human trafficking and the worst forms of child labor, particularly with respect to mitigating risks within the supply chains of products. ``(I) Ensures that recruitment practices at all suppliers comply with the person's company standards for eliminating exploitive labor practices that contribute to forced labor, slavery, human trafficking, and the worst forms of child labor, including by conducting audits of labor recruiters and disclosing the results of such audits. ``(J) In cases where forced labor, slavery, human trafficking, and the worst forms of child labor have been identified within the supply chain, ensures that remediation is provided to those who have been identified as victims. ``(2) Interactive data format.--The rules issued under paragraph (1) shall require that the information included in the person's annual report be submitted in electronic form in an interactive data format. ``(3) Public availability of information.--To the extent practicable, the Commission shall make available to the public in a searchable format on a website, a compilation of the information required to be submitted under the rules issued under paragraph (1). ``(4) Publication on the company's website.--Any person filing the disclosure required by paragraph (1) shall make available such disclosure on the person's Internet website with a conspicuous and easily understood link to the relevant information placed on the homepage of the website. The link on the homepage shall be labeled ``Policies to Address Forced Labor, Slavery, Human Trafficking and the Worst Forms of Child Labor.'' In the event the person does not have an Internet website, the person shall provide the written disclosure within 30 days after receiving a written request for the disclosure from an investor or consumer. ``(5) Definitions.--For purposes of this subsection-- ``(A) the term ``forced labor, slavery, human trafficking and the worst forms of child labor'' means child labor in violation of international standards including International Labor Organization Convention No. 182 and acts that would violate the criminal provisions related to slavery and human trafficking under chapter 77 of title 18 if they had been committed within the jurisdiction of the United States; ``(B) the term `person' means any publicly-traded or private entity required to submit any annual report to the Commission, and having annual worldwide global receipts in excess of $100,000,000; ``(C) the term `remediation' means the activities or systems that a company puts in place to address non- compliance with the standards identified through monitoring or verification, which may apply to individuals adversely affected by the non-compliant conduct or address broader systematic processes; ``(D) the term `supply chain', with respect to a person filing the disclosure required by paragraph (1), means all suppliers of products, component parts of products, and raw materials used by such person in the manufacturing of such person's products or the provision of such person's services, whether or not such person has a direct relationship with the supplier; and ``(E) the term `verification' means the process by which a company is evaluated to determine compliance with its documented program, including standards on forced labor, slavery, human trafficking, and the worst forms of child labor, including an evaluation of-- ``(i) data gathered through monitoring activities to ensure results are reliable and process is credible; and ``(ii) the system established to remediate violations to determine if remediation is implemented and effective.''.

Business Transparency on Trafficking and Slavery Act - Expresses the sense of Congress that: (1) forced labor, slavery, human trafficking and the worst forms of child labor are among the most egregious forms of abuse in the name of commercial profit; (2) the legislative and regulatory framework to prevent goods produced through forced labor, slavery, human trafficking, and the worst forms of child labor from passing into the stream of commerce is gravely inadequate; and (3) legislation is necessary to provide the information that the public demands, recognizing that businesses can provide information and respond to consumer and investor demands for business reasons, rather than solely reacting to governmental prescriptions on how to conduct their business. Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to promulgate regulations requiring mandatory annual reports to disclose measures taken during the year to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the supply chains of the business entity. Requires any business entity filing such disclosures to make them available on its Internet website.

To require companies to include in their annual reports to the Securities and Exchange Commission a disclosure describing any measures the company has taken during the year to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the company's supply chains.

SECTION 1. STATE PROGRAMS FOR CLEAN UP OF MUNICIPAL WASTE LANDFILL SUPERFUND SITES. (a) State Programs.--(1) The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end of title I the following new section: ``SEC. 127. MUNICIPAL WASTE LANDFILL SITES. ``(a) State Programs.-- ``(1) In general.--Each State may develop and submit to the Administrator of the Environmental Protection Agency a State program under which the State will remediate, in accordance with this section, qualified municipal waste landfills. ``(2) Submission of program.--The Administrator shall require that State programs under this section be submitted at such time, in such form, and in such manner as the Administrator deems appropriate. Not later than 180 days after receipt of a State program, the Administrator shall approve or disapprove the program. The Administrator shall approve the program if the Administrator determines that the program provides for the remediation of qualified municipal waste landfills in accordance with the provisions of subsection (b). Upon approval of such program, the provisions of this title (other than this section and section 101) shall not apply to any release or threatened release at any qualified municipal waste landfill which is covered by such program. If the program is disapproved, the Administrator shall inform the State of the reasons for the disapproval and permit the State to correct and resubmit the program for approval. ``(b) Remediation.--The President shall promulgate, after opportunity for notice and comment, regulations governing response action under this section. Such regulations shall provide for a presumptive remedy based on streamlined site characterization using the Environmental Protection Agency's Model Municipal Landfill Remedial Investigation and Feasibility Study Guidance and for closure of the site consistent with subtitle D of the Solid Waste Disposal Act. Such presumptive remedy shall include each of the following: ``(1) Waste consolidation where feasible if multiple discrete disposal sites can be more economically contained in one unit. ``(2) Final cover, including a barrier layer with a permeability equal to 1 x 10<SUP>-5 cm per second or a flexible membrane liner of at least 30mm thickness, and properly maintained vegetative cover. Upon demonstration, existing caps providing comparable control may be used or upgraded as needed. ``(3) Landfill gas control consistent with subtitle D of the Solid Waste Disposal Act and where necessary passive gas controls unless gas volumes and composition require active collection. ``(4) Surface water controls. ``(5) Control of leachate where feasible and necessary given the landfill's design and as required by its contact with ground water. ``(6) Ground water monitoring as required by subtitle D of the Solid Waste Disposal Act. ``(7) Where ground water has been impacted by the site, assurance of no migration of contamination beyond the facility boundary or, if appropriate, treatment at point of withdrawal. ``(8) Institutional controls to prevent future exposure to waste, including, where appropriate and consistent with local zoning authority, prohibitions on the use of private wells on site or on adjacent properties; creation of buffer zones; use of zoning to prevent future land uses which would disturb the site's final cover. To the maximum extent feasible and as authorized by the local land control authority, beneficial uses consistent with maintenance of proper closure should be employed (e.g., use as parkland, conservation district, active waste management facility, limited access industrial activity, roadway). Residential use is not permitted at sites employing presumptive remedies. ``(9) Site security to prevent access inconsistent with closure requirements. ``(10) A post-closure care plan that ensures the maintenance and stability of containment and institutional control measures for so long as each measure is necessary to assure the integrity of the remedy. If the President has reason to believe, based on site-specific risk factors such as records of disposal of significant quantities of hazardous waste, that the presumptive remedy will not protect human health and the environment, he may require additional protections, including but not limited to, removal of drums or other discrete, accessible areas of high concentration waste where practicable. ``(c) Remediation Costs.-- ``(1) Reimbursement from superfund.--The President shall reimburse each State with an approved municipal waste landfill remediation program for all costs incurred by the State for the remediation, in accordance with subsection (b), of hazardous substances, pollutants and contaminants at facilities listed on the National Priorities List which are qualified municipal waste landfills located in that State. The President shall use funds in the Hazardous Substance Superfund, up to an amount not exceeding $5,000,000,000, for purposes of providing such reimbursement. Reimbursement shall be provided for costs incurred with respect to facilities which have a higher ranking on the Hazard Ranking System before reimbursement is provided for costs incurred for facilities having a lower ranking on such system. No reimbursement shall be provided under this section for any transaction costs or other related costs. ``(2) Effective date.--Reimbursement under paragraph (1) shall be provided for any remediation costs incurred after the date of approval of a State program under this section if the remediation is in accordance with such program. ``(3) Transition provisions.--(A) If remediation commenced before approval of a program under this section and was not completed before January 1, 1994, the President shall reimburse each person who incurred costs for such remediation for such costs if the President determines that the remediation is consistent with, or provides at least equivalent protection for public health and the environment as, the remediation specified in subsection (b). ``(B) The Administrator may not reimburse any State or other person for costs incurred for remediation which was completed before January 1, 1994. ``(d) Liability Exemption.-- ``(1) In general.--If a State has an approved remediation program which covers qualified municipal waste landfills, no person who is otherwise liable under this Act or under any other Federal law with respect to any release or threatened release of a hazardous substance or pollutant or contaminant from any qualified such landfill shall be subject to liability to any other person under this Act or any such other law for injuries, costs, damages, expenses, or other liability (including claims for indemnification or contribution and claims by third parties for death, personal injury, illness or loss of or damage to property or economic loss) that results from such release or threatened release. ``(2) Exceptions.--(A) The exemption under this subsection shall not apply in the case of any landfill at which the remediation was completed before January 1, 1994. ``(B) The exemption under this subsection shall not apply to any person who violated any Federal, State, or local law relating to the generation, transporation, or disposal of any solid waste which is present at the facility concerned. Any such person shall be liable, in the same manner as provided in section 107, to the State for any costs incurred by the State pursuant to the State program under this section; and such person shall be liable to the Administrator in the same manner for any such costs for which the Administrator has reimbursed the State under this section. ``(e) Definition of Municipal Waste Landfills.--For purposes of this section, the term `qualified municipal waste landfill' means a landfill listed on the National Priorities List as of the date of enactment of this section which is designated by the Administrator as-- ``(1) a site owned by a municipality or county, or ``(2) a privately-owned site which has a record of receiving municipal waste. The Administrator shall publish a list of such sites within 30 days after the enactment of this section.''. (2) The table of contents for title I of such Act is amended by adding at the end the following new item: ``Sec. 127. Municipal waste landfills.''. (b) Uses of Superfund.--Section 111(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)) is amended by inserting after paragraph (6) the following new paragraph: ``(7) Reimbursement of costs for remediation of municipal waste landfills.--Payment of not to exceed $5,000,000,000 for the costs of remediation of municipal waste landfills in accordance with section 127.''.

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize States to submit to the Administrator of the Environmental Protection Agency (EPA) for approval programs for the remediation of qualified municipal waste landfills. Defines a "qualified municipal waste landfill" as a landfill on the National Priorities List (NPL) which is owned by a municipality or a county or is a privately-owned site which has a record of receiving municipal waste. Makes CERCLA provisions inapplicable to releases or threatened releases at landfills covered under approved programs. Directs the President to promulgate regulations governing response actions for State programs that provide for a presumptive remedy based on streamlined site characterization using EPA's Model Municipal Landfill Remedial Investigation and Feasibility Study Guidance and for closure of the site consistent with Subtitle D of the Solid Waste Disposal Act. Includes within such remedy: (1) waste consolidation where feasible if multiple discrete disposal sites can be more economically contained in one unit; (2) final cover; (3) landfill gas and surface water controls; (4) control of leachate where feasible; (5) groundwater monitoring or treatment under specified conditions; (6) controls to prevent future exposure to waste; (7) site security to prevent access; and (8) a post-closure care plan that ensures the integrity of the remedy. Authorizes additional protections as necessary to protect human health and the environment. Provides for reimbursement from the Hazardous Substance Superfund for remediation expenses incurred by States with approved programs. Limits total reimbursement to $5 billion. Permits reimbursement for remediation commenced before approval of a program if activities were not completed before January 1, 1994, and the remediation provides protection equivalent to that specified by this Act. Exempts any person who is otherwise liable under CERCLA or other Federal law with respect to a release of a hazardous substance from liability if the State has an approved remediation program. Bars such exemption in cases where: (1) remediation was completed before January 1, 1994; or (2) a person violated any Federal, State, or local law relating to the generation, transportation, or disposal of solid waste which is present at the facility concerned.

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to provide for the clean up of municipal waste landfill Superfund sites, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ninth Circuit Court of Appeals Reorganization Act of 2003''. SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter before the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth................................ California, Nevada.''; (B) by striking the item relating to the tenth circuit and inserting the following: ``Tenth................................ Arizona, Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming.''; (C) by inserting between the last 2 items the following: ``Twelfth.............................. Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, Washington.''. SEC. 3. NUMBER OF CIRCUIT JUDGES. (a) The table in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth................................................ 20''; and (2) by inserting between the last 2 items the following: ``Twelfth.............................................. 8''. (b) As of February 1, 2005, the table in section 44(a) of title 28, United States Code is further amended-- (1) by striking the item amended pursuant to subsection (a)(1) and inserting the following: ``Ninth................................................ 25''; (2) by striking the item amended pursuant to subsection (a)(2) and inserting: ``Twelfth.............................................. 10''; and (3) by striking the item relating to the tenth circuit and inserting the following: ``Tenth................................................ 14''. SEC. 4. PLACES OF CIRCUIT COURT. The table in section 48(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth................................ San Francisco, Los Angeles.''; and (2) by inserting between the last 2 items at the end the following: ``Twelfth.............................. Portland, Seattle.''. SEC. 5. ELECTION OF ASSIGNMENT BY CIRCUIT JUDGES. (a) Except as provided in subsection (b) and notwithstanding 22 U.S.C. Sec. 44(c), each circuit judge who is in regular active service, and each judge who is a senior judge, of the former ninth circuit on the day before the effective date of this Act may elect to be assigned to the new ninth circuit or to the twelfth circuit and shall notify the Director of the Administrative Office of the United States Courts of such election. (b) Each circuit judge who is in regular active service, and each judge who is a senior judge, of the former ninth circuit and whose official station on the effective date of this Act is in Arizona may, notwithstanding 22 U.S.C. Sec. 44(c), elect to be assigned to the new ninth circuit or to the tenth circuit and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 6. SENIORITY OF JUDGES. The seniority of each judge who elects to be assigned under section 5 of this Act shall run from the date of commission of such judge as a judge of the former ninth circuit. SEC. 7. APPLICATION TO CASES. (a) The provisions of the following paragraphs of this subsection apply to any case other than a case arising from the United States District Court for the District of Arizona in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) If the matter has been submitted for decision, further proceedings in respect of the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings in respect of the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after the effective date as provided in paragraph (1), shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. (b) Any appeal of any case pending in the United States District Court for the District of Arizona on the day before the effective date of this Act, and any further proceeding in respect of any case arising from the District Court in which an appeal or other proceeding has been filed with the former ninth circuit on such day, shall be had in the new ninth circuit. SEC. 8. DEFINITIONS. In this Act, the term-- (1) ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act; (2) ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 2(2)(A); and (3) ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 2(2)(C). SEC. 9. ADMINISTRATION. (a) The former ninth circuit and the tenth circuit as constituted on the day before the effective date of this Act may take such administrative actions as may be required to carry out this Act and the amendments made by this Act. (b) The former ninth circuit shall cease to exist for administrative purposes on July 1, 2005. (c) During the ten years following the date of enactment of this Act, the new ninth circuit and the twelfth circuit may meet in either circuit's jurisidiction. SEC. 10. EFFECTIVE DATE. This Act and the amendments made by this Act shall become effective on October 1, 2003.

Ninth Circuit Court of Appeals Reorganization Act of 2003 - Divides the current U.S. Court of Appeals for the ninth circuit into: (1) the ninth circuit, composed of California and Nevada, consisting of 20 judges (25 as of February 1, 2005), and holding regular sessions in San Francisco and Los Angeles; (2) the tenth circuit, composed of Arizona, Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming, consisting of 14 judges (as of February 1, 2005), and holding regular sessions in Denver, Wichita, and Oklahoma City; and (3) the twelfth circuit, composed of Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, and Washington, consisting of eight judges (ten as of February 1, 2005), and holding regular sessions in Portland and Seattle.Authorizes a circuit judge of the former ninth circuit who is in regular active service or who is a senior judge to elect to be assigned to: (1) either the new ninth or twelfth circuit; or (2) the new ninth or tenth circuit if such judge's official station is in Arizona.

To amend chapter 3 of title 28, United States Code, to divide the Ninth Judicial Circuit of the United States into two circuits, and for other purposes.

SECTION 1. PILOT PROGRAM FOR GREATER DIRECT ACCESS TO SUPPORTIVE SERVICES AND COMMUNITY COORDINATION FOR DISABLED VETERANS FAMILIES. (a) In General.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs (VA) shall carry out a three year pilot program with community partners to provide intensive community care coordination and supportive services to disabled veteran families who lack access to VA or other direct wellness services. (b) Agreements With Community Partners.--In carrying out the pilot program authorized by subsection (a), the Secretary shall enter into partnership agreements with community partners described in subsection (d) using a competitive and merit-based award process for individual grants and for multi-service site grants to test service delivery efficiencies and generate best practices. (c) Community Care Coordination and Supportive Services.--The focused community care coordination and supportive services referred to in subsection (a) are the following: (1) Services provided by a community partner to improve the well-being and address the needs of disabled veteran families who otherwise lack access to adequate VA or other direct wellness services. Such assistance and services may include the following: (A) Care coordination and case management services. (B) Outreach services. (C) Assistance in obtaining any benefits from the VA which the veteran may be eligible to receive, including, but not limited to, vocational and rehabilitation counseling, employment and training service, educational assistance, and health care services. (D) Assistance in obtaining and coordinating the provision of other public benefits provided in federal, state or local agencies or other community partners, defined in subsection (d), including-- (i) marriage counseling; (ii) services for children; (iii) suicide prevention; (iv) substance abuse awareness and treatment; (v) mental health awareness and treatment; (vi) financial counseling; (vii) anger management counseling; (viii) domestic violence awareness and prevention; (ix) employment assistance; (x) transportation services; (xi) child care; (xii) housing counseling; (xiii) preparing and updating family care plans; (xiv) development of strategies for living with a veteran with post-traumatic stress disorder or traumatic brain injury; (xv) accessing emergency financial assistance through philanthropic efforts; and (xvi) other services that are deemed appropriate to improve the well-being and address the unique needs of disabled veteran's families who lack access to adequate VA or other direct wellness services and supports. (E) Providing direct services, described in subparagraph (D), that are necessary to improve the well-being and address the needs of the disabled veteran families but are otherwise unavailable through existing public or private programs. (d) Definitions.--In this section: (1) The term ``community partner'' is a private nonprofit organization. (2) The term ``disabled veteran'' is as defined a United States citizen or United States national with an honorable discharge from the United States Armed Forces; and is entitled to disability compensation (or who but for the receipt of military retired pay would be entitled to disability compensation) under laws administered by the Secretary of Veterans Affairs, or was discharged or released from active duty because of a service-connected disability. (3) The term ``family'' is defined as a dependent of the disabled veteran. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Veterans Affairs $2,500,000 for each fiscal year to carry out the pilot program authorized by this section. (f) Report.--Not later than 180 days before the completion of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the results of the pilot program, including the number of disabled veteran families served and service linkages or referrals and a description and assessment of the effectiveness and achievements of the pilot program with respect to services and treatments and mitigation of risks, including homelessness, unemployment and suicide as well as recommended best practices for improving access to supportive services and coordination of care for disabled veteran families.

Directs the Department of Veterans Affairs (VA) to carry out a three-year pilot program with community partners (private nonprofit organizations) to provide intensive community care coordination and supportive services to disabled veteran families who lack access to VA or other direct wellness services. Authorizes such services to include: care coordination and case management services; outreach services; assistance in obtaining VA benefits, including vocational and rehabilitation counseling, employment and training service, educational assistance, and health care services; assistance in obtaining and coordinating the provision of other public benefits provided in federal, state or local agencies or other community partners, including marriage counseling, services for children, suicide prevention, substance abuse awareness and treatment, mental health awareness and treatment, financial counseling, anger management counseling, domestic violence awareness and prevention, employment assistance, transportation services, child care, housing counseling, preparing and updating family care plans, development of strategies for living with a veteran with post-traumatic stress disorder or traumatic brain injury, and accessing emergency financial assistance through philanthropic efforts; and providing direct services that are necessary to improve the well-being and address the needs of the disabled veteran families but are otherwise unavailable through existing public or private programs.

To direct the Secretary of Veterans Affairs to establish a pilot program to improve access to supportive services and community coordination for families of disabled veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Earnings Advancement and Recovery Now Act'' or the ``EARN Act''. SEC. 2. DEDICATION OF EITC COMPLIANCE SAVINGS TO EXPANDING THE EITC. (a) Findings.--The Congress finds the following: (1) The March 2014 report of the Treasury Inspector General for Tax Administration on the Internal Revenue Service's compliance with the Improper Payments Elimination and Recovery Act of 2010 highlights significant improper payments related to the earned income tax credit under section 32 of the Internal Revenue Code of 1986. (2) The Improper Payments Elimination and Recovery Act of 2010 defines an improper payment as ``any payment that should not have been made or that was made in an incorrect amount . . . under statutory, contractual, administrative, or other legally applicable requirements''. (3) The Internal Revenue Service estimates that 22 percent to 26 percent of earned income tax credit payments were issued improperly in fiscal year 2013, with the dollar value of these improper payments estimated to be between $13.3 billion and $15.6 billion. (4) The Treasury Inspector General for Tax Administration has concluded that the Internal Revenue Service has made little improvement in reducing improper earned income tax credit payments since being required to report estimates of these payments to Congress, and as a result, the earned income tax credit program remains at high risk for improper payments. (5) The Joint Committee on Taxation estimates that for tax year 2014 there will be 28.5 million filers that will receive the earned income tax credit. (6) Billions of dollars of improper payments will continue to made unless reforms and improvements take place with respect to the earned income tax credit and its administration by the Internal Revenue Service. (b) Sense of Congress.--Any budgetary savings resulting from the reforms and improvements enacted by this Act with respect to the earned income tax credit should be dedicated to expanding the credit for working families eligible for the earned income tax credit. SEC. 3. INCREASE THE PENALTY APPLICABLE TO PAID TAX PREPARERS WHO ENGAGE IN WILLFUL OR RECKLESS CONDUCT. (a) In General.--Section 6694(b)(1)(B) of the Internal Revenue Code of 1986 is amended by striking ``50 percent'' and inserting ``75 percent''. (b) Effective Date.--The amendment made by this section shall apply to returns prepared for taxable years ending after the date of the enactment of this Act. SEC. 4. EXPANSION OF DISALLOWANCE PERIOD FOR TAXPAYERS WHO IMPROPERLY CLAIM EITC BASED ON RECKLESS OR INTENTIONAL DISREGARD OF THE RULES. (a) In General.--Section 32(k)(1)(B)(ii) of the Internal Revenue Code of 1986 is amended by striking ``2 taxable years'' and inserting ``5 taxable years''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 5. EXPANSION OF MATH-ERROR AUTHORITY TO COVER EITC CLAIMS DURING PERIOD WHEN TAXPAYER IS BARRED FROM CLAIMING THE CREDIT. (a) In General.--Section 6213(g)(2)(K) of the Internal Revenue Code of 1986 is amended by striking ``section 32(k)(2)'' and inserting ``section 32(k)''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 6. PENALTY FOR ERRONEOUS CLAIM OF CREDIT MADE APPLICABLE TO EARNED INCOME CREDIT. (a) In General.--Section 6676(a) of the Internal Revenue Code of 1986 is amended by striking ``(other than a claim for a refund or credit relating to the earned income credit under section 32)''. (b) Effective Date.--The amendment made by this section shall apply to claims filed after the date of the enactment of this Act. SEC. 7. STUDY ON EARNED INCOME CREDIT AND IMPROPER PAYMENTS. (a) In General.--The Comptroller General of the United States shall conduct a study on-- (1) the effectiveness and impact of the earned income tax credit under section 32 of the Internal Revenue Code of 1986, and (2) the incidence and cause of improper payments made by the Internal Revenue Service with respect to the credit. (b) Recommendations.--The study required under subsection (a) shall include recommendations to-- (1) improve the efficiency and effectiveness of the earned income tax credit, and (2) reduce the improper payments made by the Internal Revenue Service with respect to the credit. (c) Report.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report with the results of the study conducted under subsection (a) and recommendations required under subsection (b).

Earnings Advancement and Recovery Now Act or the EARN Act - Amends the Internal Revenue Code to: (1) increase the penalty on paid tax preparers who engage in willful or reckless conduct in understating tax liability or in disregarding tax rules or regulations, (2) extend from two to five years the period during which a taxpayer who claimed an earned income tax credit based on reckless or intentional disregard of rules and regulations is prohibited from receiving such credit, and (3) make applicable to the earned income tax credit the penalty for an erroneous claim for a tax refund or credit. Directs the Comptroller General (GAO) to conduct a study of, and report on, the effectiveness and impact of the earned income tax credit and the incidence and cause of improper payments with respect to such credit, with recommendations to improve the efficiency and effectiveness of the credit and reduce improper payments.

EARN Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Reinvestment Improvement Act of 1993''. SEC. 2. MODIFIED EVALUATIONS. The Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) is amended by adding at the end the following new section: ``SEC. 809. MODIFIED EVALUATIONS. ``(a) Scope.--In lieu of being evaluated under section 804 and receiving a written evaluation under section 807, an institution's record of meeting the credit needs of its entire community with respect to any calendar year shall be evaluated pursuant to this section if the institution-- ``(1) has not been found to be in violation of section 701(a) of the Equal Credit Opportunity Act, or any other provision of such Act, during the five-year period preceding such calendar year; ``(2) has not received a rating of `needs to improve' or `substantial noncompliance' from the supervisory agency in the most recent evaluation of the institution under section 807; ``(3) has not been disqualified from evaluation under this section by the supervisory agency pursuant to a provision of this section; and ``(4) has, as of the December 31 preceding the beginning of such calendar year, total assets of less than $500,000,000. The dollar amount in this subsection shall be adjusted annually after December 31, 1992, by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of Labor Statistics. ``(b) Modified Evaluation.--An institution which is described in subsection (a) with respect to any calendar year shall, during such year-- ``(1) maintain internal policies to help meet the credit needs of its local community consistent with the safe and sound operation of such institution; ``(2) declare in writing to the supervisory agency, at such time as the agency shall prescribe by regulation, that the institution-- ``(A) is an institution described in subsection (a); and ``(B) is in compliance with this subsection; ``(3) display any notices as required by the supervisory agency concerning the institution's compliance with the requirements of this Act; and ``(4) make available for public inspection the following information regarding the record of such institution in meeting the credit needs of its entire community-- ``(A) an identification of the community it serves; ``(B) a list of the types of credit offered by the institution; ``(C) public comments received during such year or any of the two years immediately preceding such year regarding the institution's service of the entire community's credit needs; and ``(D) copies of any declaration submitted under subparagraph (2). ``(c) Regulatory Evaluation.-- ``(1) In general.--The supervisory agency shall conduct an evaluation of an institution's compliance with this section in connection with its examination of such institution, or every two years, whichever is more frequent. ``(2) Notice.--Upon commencing a compliance evaluation pursuant to the section, the supervisory agency shall provide public notice stating that it is conducting such evaluation of the institution. ``(3) Procedure.--In performing periodic evaluations of institutions pursuant to subsection (c) of this section, the supervisory agency-- ``(A) shall review the institution's existing business records and shall not require the institution to produce documentation other than existing business records, and ``(B) shall review any additional information provided by the institution or other interested parties. ``(4) Disqualification.--In addition to any administrative enforcement action authorized under any other provision of law, if the supervisory agency determines after an evaluation under this subsection that the institution is not in compliance with this section, then the supervisory agency may determine that the institution shall be disqualified from evaluation under this section for such period as the agency may determine to be appropriate. ``(e) Penalties.--In addition to any criminal or civil penalty or any administrative enforcement action authorized under any other provision of law, if the supervisory agency finds that an institution has intentionally submitted false information to the supervisory agency or otherwise willfully violated the requirements of subsection (b), the institution shall be disqualified from evaluation under this section such period, not to exceed ten years, as the agency may determine to be appropriate. ``(f) Definitions.-- ``(1) `Institution' means a regulated financial institution meeting the requirements of subsection (a). ``(2) `Supervisory agency' means the appropriate Federal financial supervisory agency of a regulated financial institution.''. SEC. 3. EVALUATION EXEMPTION. The Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) is amended by inserting after section 809 (as added by section 2 of this Act) the following new section: ``SEC. 810. EVALUATION EXEMPTION. ``A regulated financial institution shall not be subject to the evaluation requirements of this title or any regulations issued under this title if-- ``(1) the main office and each branch of such institution is located in an incorporated city or town, or an unincorporated place recognized by the Census Bureau that has a population of not more than twenty-five thousand persons; and ``(2) the aggregate assets of the institution and any company which is a depository holding company with respect to such institution (as defined in section 3(w) of the Federal Deposit Insurance Act) are less than $100,000,000. The dollar amount in this section shall be adjusted annually after December 31, 1993, by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of Labor Statistics.''. SEC. 4. SAFE HARBOR. The Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) is amended by inserting after section 810 (as added by section 3 of this Act) the following new section: ``SEC. 811. SAFE HARBOR. ``Notwithstanding section 804(2), an application for a deposit facility by a regulated financial institution shall not be denied on the basis of such institution's compliance with this Act if such institution in the previous twenty-four months-- ``(1) has received a rating of `Outstanding' or `Satisfactory' from the appropriate Federal financial supervisory agency in an evaluation of the institution under section 807 conducted, or ``(2) has been found to be in compliance with section 809 in a regulatory review conducted under section 809(c), unless such institution's compliance has materially deteriorated since such evaluation.''.

Community Reinvestment Improvement Act of 1993 - Amends the Community Reinvestment Act of 1977 to set forth a modified evaluation procedure for certain mid-sized financial institutions which meet specified criteria. Requires the appropriate financial institutions supervisory agency to: (1) conduct a compliance evaluation in connection with its examination of such institutions or every two years, whichever is more frequent; and (2) provide public notice of such evaluation upon its commencement. Disqualifies from this Act's modified evaluation procedure for a ten-year period any institution that has intentionally submitted false information or willfully violated the requirements of this Act. Exempts from the evaluation requirements of this Act certain small-sized regulated financial institutions. Cites criteria under which a regulated financial institution's application for a deposit facility shall not be denied on the basis of its compliance with this Act.

Community Reinvestment Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Birth Control Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Family planning is basic health care for women. Access to contraception helps women prevent unintended pregnancy and control the timing and spacing of planned births. (2) Although the Centers for Disease Control and Prevention included family planning in its published list of the Ten Great Public Health Achievements in the 20th Century, the United States still has one of the highest rates of unintended pregnancies among industrialized nations. (3) Each year, 3,000,000 pregnancies, nearly half of all pregnancies, in the United States are unintended, and nearly half of unintended pregnancies end in abortion. (4) Women rely on prescription contraceptives for a range of medical purposes in addition to birth control, such as regulation of cycles and endometriosis. (5) The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to emergency contraception for individuals aged 17 and older. (6) If taken soon after unprotected sex or primary contraceptive failure, emergency contraception can significantly reduce a woman's chance of unintended pregnancy. (7) Emergency contraception works like other hormonal birth control by preventing pregnancy. It also does not harm or terminate an already-established pregnancy. (8) Access to legal contraception is a protected fundamental right in the United States and should not be impeded by one individual's personal beliefs. (9) Reports of pharmacists refusing to fill prescriptions for contraceptives, including emergency contraceptives, have surfaced in States across the Nation, including Alabama, Arizona, California, the District of Columbia, Georgia, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Washington, West Virginia, and Wisconsin. Since emergency contraception became available without a prescription for certain individuals, refusals to provide non-prescription emergency contraception have also been reported. SEC. 3. DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED CONTRACEPTION. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following: ``SEC. 249. DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED CONTRACEPTION. ``(a) In General.--Subject to subsection (c), a pharmacy that receives Food and Drug Administration-approved drugs or devices in interstate commerce shall maintain compliance with the following: ``(1) If a customer requests a contraceptive that is in stock, the pharmacy shall ensure that the contraceptive is provided to the customer without delay. ``(2) If a customer requests a contraceptive that is not in stock and the pharmacy in the normal course of business stocks contraception, the pharmacy shall immediately inform the customer that the contraceptive is not in stock and without delay offer the customer the following options: ``(A) If the customer prefers to obtain the contraceptive through a referral or transfer, the pharmacy shall-- ``(i) locate a pharmacy of the customer's choice or the closest pharmacy confirmed to have the contraceptive in stock; and ``(ii) refer the customer or transfer the prescription to that pharmacy. ``(B) If the customer prefers for the pharmacy to order the contraceptive, the pharmacy shall obtain the contraceptive under the pharmacy's standard procedure for expedited ordering of medication and notify the customer when the contraceptive arrives. ``(3) The pharmacy shall ensure that its employees do not-- ``(A) intimidate, threaten, or harass customers in the delivery of services relating to a request for contraception; ``(B) interfere with or obstruct the delivery of services relating to a request for contraception; ``(C) intentionally misrepresent or deceive customers about the availability of contraception or its mechanism of action; ``(D) breach medical confidentiality with respect to a request for contraception or threaten to breach such confidentiality; or ``(E) refuse to return a valid, lawful prescription for contraception upon customer request. ``(b) Contraceptives Not Ordinarily Stocked.--Nothing in subsection (a)(2) shall be construed to require any pharmacy to comply with such subsection if the pharmacy does not ordinarily stock contraceptives in the normal course of business. ``(c) Refusals Pursuant to Standard Pharmacy Practice.--This section does not prohibit a pharmacy from refusing to provide a contraceptive to a customer in accordance with any of the following: ``(1) If it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented. ``(2) If the customer is unable to pay for the contraceptive. ``(3) If the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. ``(d) Rule of Construction.--Nothing in this section shall be construed to invalidate or limit rights, remedies, procedures, or legal standards under title VII of the Civil Rights Act of 1964. ``(e) Preemption.--This section does not preempt any provision of State law or any professional obligation made applicable by a State board or other entity responsible for licensing or discipline of pharmacies or pharmacists, to the extent that such State law or professional obligation provides protections for customers that are greater than the protections provided by this section. ``(f) Enforcement.-- ``(1) Civil penalty.--A pharmacy that violates a requirement of subsection (a) is liable to the United States for a civil penalty in an amount not exceeding $1,000 per day of violation, not to exceed $100,000 for all violations adjudicated in a single proceeding. ``(2) Private cause of action.--Any person aggrieved as a result of a violation of a requirement of subsection (a) may, in any court of competent jurisdiction, commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and a reasonable attorney's fee and cost. ``(3) Limitations.--A civil action under paragraph (1) or (2) may not be commenced against a pharmacy after the expiration of the 5-year period beginning on the date on which the pharmacy allegedly engaged in the violation involved. ``(g) Definitions.--In this section: ``(1) The term `contraception' or `contraceptive' means any drug or device approved by the Food and Drug Administration to prevent pregnancy. ``(2) The term `employee' means a person hired, by contract or any other form of an agreement, by a pharmacy. ``(3) The term `pharmacy' means an entity that-- ``(A) is authorized by a State to engage in the business of selling prescription drugs at retail; and ``(B) employs one or more employees. ``(4) The term `product' means a Food and Drug Administration-approved drug or device. ``(5) The term `professional clinical judgment' means the use of professional knowledge and skills to form a clinical judgment, in accordance with prevailing medical standards. ``(6) The term `without delay', with respect to a pharmacy providing, providing a referral for, or ordering contraception, or transferring the prescription for contraception, means within the usual and customary timeframe at the pharmacy for providing, providing a referral for, or ordering other products, or transferring the prescription for other products, respectively. ``(h) Effective Date.--This section shall take effect on the 31st day after the date of the enactment of this section, without regard to whether the Secretary has issued any guidance or final rule regarding this section.''.

Access to Birth Control Act - Amends the Public Health Service Act to require pharmacies to comply with certain rules related to contraceptives, including: (1) providing a customer a contraceptive without delay if it is in stock; (2) immediately informing a customer if the contraceptive is not in stock and either transferring the prescription to a pharmacy that has the contraceptive in stock or expediting the ordering of the contraceptive and notifying the customer when it arrives, based on customer preference, except for pharmacies that do not ordinarily stock contraceptives in the normal course of business; and (3) ensuring that pharmacy employees do not take certain actions relating to a request for contraception, including intimidating, threatening, or harassing customers, interfering with or obstructing the delivery of services, intentionally misrepresenting or deceiving customers about the availability of contraception or its mechanism of action, breaching or threatening to breach medical confidentiality, or refusing to return a valid, lawful prescription. Provides that a pharmacy is not prohibited from refusing to provide a contraceptive to a customer if: (1) it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented; (2) the customer is unable to pay for the contraceptive; or (3) the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. Provides that this Act does not preempt state law or any professional obligation of a state board that provides greater protections for customers. Sets forth civil penalties and establishes a a private cause of action for violations of this Act.

A bill to establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception, and for other purposes.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Surface Transportation And Taxation Equity Act'' or as the ``STATE Act''. (b) Findings.--The Congress finds the following: (1) Today's surface transportation problems are largely local and regional in nature. (2) The original Federal goal of creating an interstate system was met in the early 1980's. (3) State and local governments are outspending the Federal Government on transportation by a ratio of 2 to 1. (4) The amount of traffic experiencing congested conditions in the peak travel periods has doubled in 20 years from 33 percent in 1982 to 67 percent in 2002. (5) More than $63,000,000,000 is wasted each year due to congestion in the 85 most populated areas in the country. (c) Purposes.--The purposes of this Act are to-- (1) return primary transportation program responsibility and taxing authority to the States, (2) free States' transportation dollars from Federal micromanagement, earmarking, and budgetary pressures, (3) enable decisions regarding which infrastructure projects will be built, how they will be financed, and how they will be regulated to be made by persons best able to make those decisions, (4) eliminate the current system in which a Federal gasoline tax is sent to Washington and through a cumbersome Department of Transportation bureaucracy, (5) prohibit the Federal Government from forcing unwanted mandates on States by threatening to withhold transportation money, and (6) achieve measurable congestion mitigation and infrastructure preservation and safety in a cost effective way subject to available resources. SEC. 2. FEDERAL TAX ON FUELS DECREASED BY AMOUNT OF INCREASE IN STATE TAX ON FUEL. (a) In General.--Subpart B of part III of subchapter A of chapter 32 of the Internal Revenue Code of 1986 (relating to special provisions applicable to fuels tax) is amended by adding at the end the following new section: ``SEC. 4106. REDUCTION IN RATES OF TAX BASED ON INCREASE IN STATE TAX RATE. ``(a) In General.--Under regulations prescribed by the Secretary, the rate of tax imposed under section 4081 with respect to any fuel and the rate of tax imposed under section 4041 with respect to any liquid shall be decreased, but not below 2 cents per gallon, by the applicable State tax rate increase with respect to such fuel or liquid. ``(b) Applicable State Tax Rate Increase.--For purposes of this section, the term `applicable State tax rate increase' means, with respect to any fuel or liquid, the excess, as periodically determined under tables prescribed by the Secretary, of-- ``(1) the rate of tax imposed by the applicable State on the sale or use of such fuel or liquid, over ``(2) the rate of tax imposed by the applicable State on the sale or use of such fuel or liquid as of March 3, 2005. Any increase in the rate of tax imposed by any applicable State on the sale or use of any fuel or liquid shall be taken into account under this subsection only if State law provides that such increase is to be taken into account under this subsection. ``(c) Applicable State.--For purposes of this section, the term `applicable State' means the State which is determined under regulations prescribed by the Secretary as-- ``(1) in the case of a liquid to which section 4041 applies, the State in which such liquid is sold or used, or ``(2) in the case of a fuel to which section 4081 applies, the State in which such fuel is most likely to be sold or used. ``(d) Requirement to Maintain Interstate Highway System.-- Subsection (a) shall not apply with respect to any fuel or liquid if the applicable State with respect to such fuel or liquid has not entered into an agreement with the Secretary of Transportation under which such State has agreed to provide for the proper maintenance of that portion of the interstate highway system which is within such State.''. (b) Conforming Amendments.-- (1) Section 9503 of such Code is amended by striking subsection (d). (2)(A) Paragraph (4) of section 9503(e) of such Code is amended to read as follows: ``(6) Reduction in rate of transfer based on reduction in state tax rates.-- ``(A) In general.--There shall be substituted for each amount in paragraph (2) an amount which bears the same ratio to such amount as the aggregate reduced tax rate bears to the aggregate unreduced tax rate. ``(B) Aggregate reduced tax rate.--For purposes of subparagraph (A), the term `aggregate reduced tax rate' means, with respect to any amount for any calendar year, the amount of tax that the Secretary estimates will be imposed with respect to the liquid or fuel to which such amount relates for such year after application of section 4106. ``(C) Aggregate unreduced tax rate.--For purposes of subparagraph (A), the term `aggregate unreduced tax rate' means, with respect to any amount for any calendar year, the amount of tax that the Secretary estimates would have been imposed with respect to the liquid or fuel to which such amount relates for such year if section 4106 did not apply for such year.''. (B) Subparagraph (A) of section 9503(e)(2) of such Code is amended by striking ``sentence'' and inserting ``subsection''. (3) The table for section for subpart B of part III of subchapter A of chapter 32 of such Code is amended by adding at the end the following new item: ``Sec. 4106. Reduction in rates of tax based on increase in State tax rate.''. (c) Effective Date.--The amendment made by this section shall apply to liquid or fuel removed, entered, sold, or used after the date of the enactment of this Act.

Surface Transportation and Taxation Equity Act or STATE Act - Amends the Internal Revenue Code to reduce the Federal excise tax on gasoline and special fuels (but not below 2 cents per gallon) by corresponding increases in fuel taxes imposed by States after March 3, 2005.

To amend the Internal Revenue Code of 1986 to reduce the Federal tax on fuels by the amount of any increase in the rate of tax on such fuel by the States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Prescription Drugs and Medical Inventions Act''. SEC. 2. COMPULSORY LICENSING OF PATENTED INVENTIONS. (a) In General.--Chapter 14 of title 35, United States Code, is amended by adding at the end the following: ``Sec. 158. Compulsory licensing ``(a) Compulsory Licensing of Patented Inventions.--In the case of any invention relating to health care, in which a patent holder, contractor, exclusive licensee, or assignee has acquired title under this title, the Secretary of Health and Human Services and the Federal Trade Commission shall each have the right to establish other use of the subject matter of the patent without authorization of the right holder if the Secretary or the Commission (as the case may be) makes the determination described in subsection (b). ``(b) Determination.--The determination referred to in subsection (a) with respect to an invention claimed in a patent is a determination that one or more of the following applies: ``(1) The patent holder, contractor, licensee, or assignee referred to in subsection (a) has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in a field of use. ``(2) Establishing other use of the subject matter of the patent is necessary to alleviate health or safety needs which are not adequately satisfied by the patent holder, contractor, licensee, or assignee. ``(3) The patent holder has engaged in anti-competitive behavior. Such determination may include, but is not limited to, a determination that-- ``(A) the patented invention is priced excessively relative to the median price for developed countries or by other reasonable standards, and that such pricing contravenes the public interest; or ``(B) the patented invention is an essential component of a health care product that involves patents, and the licensing terms for the patent on the invention are not reasonable and deter innovation or product development, contrary to the public interest. ``(4) An invention covered by a patent (the `second patent') cannot be exploited without infringing upon the patent described in subsection (a) (the `first patent'), insofar as the invention claimed in the second patent involves an important technical advance. ``(5) The invention claimed in the patent is needed for research purposes that would benefit the public health, and is not licensed on reasonable terms and conditions. ``(c) Factors in Authorizing Other Use.--In exercising the right under subsection (a) to authorize other use of the subject matter of a patent, the following shall apply: ``(1) In cases involving commercial use, such use may be permitted only if, prior to such use, the proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and such efforts have not been successful within a reasonable period of time. ``(2) The right holder shall be paid adequate remuneration for the use of the patent. ``(3) Where such use is authorized under subsection (b)(4), the owner of the first patent shall be entitled to a license on reasonable terms to use the invention claimed in the second patent. ``(d) Considerations for Determining Remuneration for Use of a Patent.--In determining the reasonableness of licensing terms and the remuneration for the use of a patent under subsection (c), the Secretary of Health and Human Services or the Federal Trade Commission (as the case may be) shall consider-- ``(1) the risks and costs associated with the invention claimed in the patent and the commercial development of products that use the invention; ``(2) the efficacy and innovative nature and importance to the public health of the invention or products using the invention; ``(3) the degree to which the invention benefited from publicly funded research; ``(4) the need for adequate incentives for the creation and commercialization of new inventions; ``(5) the interests of the public as patients and payers for health care services; and ``(6) the public health benefits of expanded access to the invention. ``(e) Consistency With TRIPS.--The Secretary of Health and Human Services and the Federal Trade Commission may adopt regulations jointly to implement the purposes of this section, consistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act. ``(f) Definition.--In this section, the term `health care product' means any drug or device (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act), any biological product (as defined in section 351 of the Public Health Service Act), or any technology or process to the extent the technology or process is applied to health or health care.''. (b) Conforming Amendment.--The table of contents for chapter 14 of title 35, United States Code, is amended by adding at the end the following new item: ``158. Compulsory licensing.''. SEC. 3. REPORT ON PHARMACEUTICAL COSTS AND SALES. (a) Report Requirement.--Any person engaged in the manufacture and sale of any drug approved under section 505 or 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360b) for which a patent is still in effect shall report to the Secretary of Health and Human Services annually an audit of all financial information relevant to the pricing of that drug nationally and internationally, including, in formats specified by the Secretary, an accounting of the costs allocated to research and development of that drug, as well as costs allocated to other research and development activities. The Secretary shall transmit the reports filed under this subsection to the Congress. (b) Civil Penalty.-- (1) Penalty.--Any person who fails to submit a report under subsection (a) by the date specified pursuant to subsection (c) shall be liable to the United States for a civil penalty in an amount not to exceed $25,000 for each such violation. Each day such a violation continues shall, for purposes of this subsection, constitute a separate violation of subsection (a). (2) Procedures.--A civil penalty for a violation of subsection (a) shall be assessed by order of the Secretary of Health and Human Services after opportunity (provided in accordance with this paragraph) for a hearing in accordance with section 554 of title 5, United States Code. Before issuing such an order, the Secretary shall give written notice to the person to be assessed a civil penalty under such order of the Secretary's proposal to issue such order and provide such person an opportunity to request, within 15 days of the date the notice is received by such person, such a hearing on the order. (3) Judicial review.--Any person who requested a hearing in accordance with paragraph (2) a hearing and who is aggrieved by an order assessing a civil penalty pursuant to the hearing may seek judicial review of the order by filing a petition for judicial review in the appropriate United States district court not later than 30 days after the date on which the order was issued. (4) Failure to pay penalty.--If any person fails to pay an assessment of a civil penalty-- (A) after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order, or (B) after a court in an action for judicial review of the order has entered a final judgment in favor of the Secretary of Health and Human Services, the Attorney General shall recover the amount assessed (plus interest at currently prevailing rates from the date of the expiration of the 30-day period referred to in paragraph (3) or the date of such final judgment, as the case may be) in an action brought in any appropriate district court of the United States. In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. (c) Regulations.--The Secretary of Health and Human Services shall issue such regulations as are necessary to carry out this section, including specifying the dates by which the reports under subsection (a) must be submitted.

Affordable Prescription Drugs and Medical Inventions Act - Amends Federal patent law to grant the Secretary of Health and Human Services and the Federal Trade Commission the right to establish compulsory licensing (without authorization of the right holder) for use of patented inventions relating to health care upon a determination that: (1) the patent holder, contractor, licensee, or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in a field of use; (2) establishing other use of the subject matter of the patent is necessary to alleviate health or safety needs which are not adequately satisfied by the patent holder, contractor, licensee, or assignee; (3) the patent holder has engaged in specified anticompetitive behavior, including excessive pricing; (4) an invention covered by a patent cannot be exploited without infringing upon the first patent, insofar as the invention claimed in the second patent involves an important technical advance; or (5) the invention claimed in the patent is needed for research purposes that would benefit the public health, and is not licensed on reasonable terms and conditions.Requires any person engaged in the manufacture and sale of any new drug or new animal drug approved under the Federal Food, Drug, and Cosmetic Act, and for which a patent is still in effect, to report annually to the Secretary of Health and Human Services an audit of all financial information relevant to that drug's pricing nationally and internationally, including research and development costs. Establishes civil penalties for noncompliance.

To amend title 35, United States Code, to provide for compulsory licensing of certain patented inventions relating to health.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Capital Area Interest Arbitration Standards Act of 1995''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) affordable public transportation is essential to the economic vitality of the national capital area and is an essential component of regional efforts to improve air quality to meet environmental requirements and to improve the health of both residents of and visitors to the national capital area as well as to preserve the beauty and dignity of the Nation's capital; (2) use of mass transit by both residents of and visitors to the national capital area is substantially affected by the prices charged for such mass transit services, prices that are substantially affected by labor costs, since more than \2/3\ of operating costs are attributable to labor costs; (3) labor costs incurred in providing mass transit in the national capital area have increased at an alarming rate and wages and benefits of operators and mechanics currently are among the highest in the Nation; (4) higher operating costs incurred for public transit in the national capital area cannot be offset by increasing costs to patrons, since this often discourages ridership and thus undermines the public interest in promoting the use of public transit; (5) spiraling labor costs cannot be offset by the governmental entities that are responsible for subsidy payments for public transit services since local governments generally, and the District of Columbia government in particular, are operating under severe fiscal constraints; (6) imposition of mandatory standards applicable to arbitrators resolving arbitration disputes involving interstate compact agencies operating in the national capital area will ensure that wage increases are justified and do not exceed the ability of transit patrons and taxpayers to fund the increase; and (7) Federal legislation is necessary under Article I of section 8 of the United States Constitution to balance the need to moderate and lower labor costs while maintaining industrial peace. (b) Purpose.--It is therefore the purpose of this Act to adopt standards governing arbitration which must be applied by arbitrators resolving disputes involving interstate compact agencies operating in the national capital area in order to lower operating costs for public transportation in the Washington metropolitan area. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``arbitration'' means-- (A) the arbitration of disputes, regarding the terms and conditions of employment, that is required under an interstate compact governing an interstate compact agency operating in the national capital area; and (B) does not include the interpretation and application of rights arising from an existing collective bargaining agreement; (2) the term ``arbitrator'' refers to either a single arbitrator, or a board of arbitrators, chosen under applicable procedures; (3) an interstate compact agency's ``funding ability'' is the ability of the interstate compact agency, or of any governmental jurisdiction which provides subsidy payments or budgetary assistance to the interstate compact agency, to obtain the necessary financial resources to pay for wage and benefit increases for employees of the interstate compact agency; (4) the term ``interstate compact agency operating in the national capital area'' means any interstate compact agency which provides public transit services; (5) the term ``interstate compact agency'' means any agency established by an interstate compact to which the District of Columbia is a signatory; and (6) the term ``public welfare'' includes, with respect to arbitration under an interstate compact-- (A) the financial ability of the individual jurisdictions participating in the compact to pay for the costs of providing public transit services; and (B) the average per capita tax burden, during the term of the collective bargaining agreement to which the arbitration relates, of the residents of the Washington, D.C. metropolitan area, and the effect of an arbitration award rendered pursuant to such arbitration on the respective income or property tax rates of the jurisdictions which provide subsidy payments to the interstate compact agency established under the compact. SEC. 4. STANDARDS FOR ARBITRATORS. (a) Factors in Making Arbitrary Award.--An arbitrator rendering an arbitration award involving the employees of an interstate compact agency operating in the national capital area may not make a finding or a decision for inclusion in a collective bargaining agreement governing conditions of employment without considering the following factors: (1) The existing terms and conditions of employment of the employees in the bargaining unit. (2) All available financial resources of the interstate compact agency. (3) The annual increase or decrease in consumer prices for goods and services as reflected in the most recent consumer price index for the Washington, D.C. metropolitan area, published by the Bureau of Labor Statistics of the United States Department of Labor. (4) The wages, benefits, and terms and conditions of the employment of other employees who perform, in other jurisdictions in the Washington, D.C. standard metropolitan statistical area, services similar to those in the bargaining unit. (5) The special nature of the work performed by the employees in the bargaining unit, including any hazards or the relative ease of employment, physical requirements, educational qualifications, job training and skills, shift assignments, and the demands placed upon the employees as compared to other employees of the interstate compact agency. (6) The interests and welfare of the employees in the bargaining unit, including-- (A) the overall compensation presently received by the employees, having regard not only for wage rates but also for wages for time not worked, including vacations, holidays, and other excused absences; (B) all benefits received by the employees, including previous bonuses, insurance, and pensions; and (C) the continuity and stability of employment. (7) The public welfare. (b) Compact Agency's Funding Ability.--An arbitrator rendering an arbitration award involving the employees of an interstate compact agency operating in the national capital area may not, with respect to a collective bargaining agreement governing conditions of employment, provide for salaries and other benefits that exceed the interstate compact agency's funding ability. (c) Requirements for Final Award.--In resolving a dispute submitted to arbitration involving the employees of an interstate compact agency operating in the national capital area, the arbitrator shall issue a written award that demonstrates that all the factors set forth in subsections (a) and (b) have been considered and applied. An award may grant an increase in pay rates or benefits (including insurance and pension benefits), or reduce hours of work, only if the arbitrator concludes that any costs to the agency do not adversely affect the public welfare. The arbitrator's conclusion regarding the public welfare must be supported by substantial evidence. SEC. 5. PROCEDURES FOR ENFORCEMENT OF AWARDS. (a) Modifications and Finality of Award.--In the case of an arbitration award to which section 4 applies, the interstate compact agency and the employees in the bargaining unit, through their representative, may agree in writing upon any modifications to the award within 10 days after the award is received by the parties. After the end of that 10-day period, the award, with any such modifications, shall become binding upon the interstate compact agency, the employees in the bargaining unit, and the employees' representative. (b) Implementation.--Each party to an award that becomes binding under subsection (a) shall take all actions necessary to implement the award. (c) Judicial Review.--Within 60 days after an award becomes binding under subsection (a), the interstate compact agency or the exclusive representative of the employees concerned may file a civil action in a court which has jurisdiction over the interstate compact agency for review of the award. The court shall review the award on the record, and shall vacate the award or any part of the award, after notice and a hearing, if-- (1) the award is in violation of applicable law; (2) the arbitrator exceeded the arbitrator's powers; (3) the decision by the arbitrator is arbitrary or capricious; (4) the arbitrator conducted the hearing contrary to the provisions of this Act or other statutes or rules that apply to the arbitration so as to substantially prejudice the rights of a party; (5) there was partiality or misconduct by the arbitrator prejudicing the rights of a party; (6) the award was procured by corruption, fraud, or bias on the part of the arbitrator; or (7) the arbitrator did not comply with the provisions of section 4.

National Capital Area Interest Arbitration Standards Act of 1995 - Provides for the adoption of mandatory standards and procedures governing the actions of arbitrators in the arbitration of labor disputes involving transit agencies operating in the Washington, D.C., metropolitan area.

National Capital Area Interest Arbitration Standards Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent Term and Publication Reform Act of 1994''. SEC. 2. PATENT SIMPLIFICATION. (a) Definition.--Section 100 of title 35, United States Code, is amended by adding at the end thereof the following: ``(e) The term `filing date' means the earliest of the actual filing date or any priority date claimed by the applicant under section 119, 120, or 365.''. (b) Conditions for Patentability; Novelty and Loss of Right to Patent.--Section 102(e) of title 35, United States Code, is amended to read as follows: ``(e) the invention was described in-- ``(1) a published patent application, ``(2) a patent granted on an application for patent by another filed in the United States before the invention thereof by the applicant for patent, or ``(3) in an international application that-- ``(A) is filed by another before the invention thereof by the applicant for patent, and ``(B) enters the national stage under section 371, or''. (c) Benefit of Earlier Filing Date; Right of Priority.--(1) Section 119 of title 35, United States Code, is amended-- (A) in the section heading by striking out ``in foreign country''; (B) by designating the first, second, third, and fourth undesignated paragraphs as subsections (a), (c), (d), and (e), respectively; and (C) by inserting after subsection (a) (as designated by subparagraph (B) of this paragraph) the following new subsection: ``(b)(1) An application for patent for an invention described in paragraph (2) that is filed by an inventor named in the previously filed application described under paragraph (2), shall have the same effect, as to such invention, as if such application had been filed on the filing date of the previously filed application, if such application-- ``(A) is filed within one year after the filing date of the previously filed application (or earlier priority date); and ``(B)(i) contains a specific reference to the previously filed application; or ``(ii) within three months after the actual filing date of such application, is amended to contain-- ``(I) a specific reference to the previously filed application; or ``(II) such other item as the Commissioner may prescribe. ``(2) An invention referred to under paragraph (1) is an invention that is disclosed-- ``(A) in the specification as provided under section 112 in an application filed in the United States before the application described under paragraph (1) is filed; or ``(B) as provided under section 363.''. (2) The table of sections for chapter 11 of title 35, United States Code, is amended in the item relating to section 119 by striking out ``in foreign country''. (d) Benefit of Earlier Filing Date in the United States.--Section 120 of title 35, United States Code, is amended to read as follows: ``Sec. 120. Benefit of earlier filing date in the United States ``(a) An application for patent for an invention described under subsection (b) that is filed by an inventor named in the previously filed application described under subsection (b), shall have the same effect, as to such invention, as if such application had been filed on the filing date of the previously filed application, if such application-- ``(1) is filed before the patenting, abandonment of, or termination of proceedings on-- ``(A) the previously filed application; or ``(B) an application similarly entitled to the benefit of the filing date of the previously filed application; ``(2) is not otherwise entitled to a priority right under section 119(b); and ``(3)(A) contains a specific reference to the previously filed application; or ``(B) within fifteen months after the actual filing date of such application, is amended to contain-- ``(i) a specific reference to the previously filed application; or ``(ii) such other item as the Commissioner may prescribe. ``(b) An invention referred to under subsection (a) is an invention that is disclosed-- ``(1) in the specification as provided under section 112 in an application filed in the United States before the application described under subsection (a) is filed; or ``(2) as provided under section 363.''. (e) Opening of Patent Applications; Confidential Status.--(1) Section 122 of title 35, United States Code, is amended to read as follows: ``Sec. 122. Opening of patent applications; confidential status ``(a) Except as provided under subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning such applications may be disclosed. ``(b) On and after the date occurring 18 months after the filing date of an application for patent (including all priority claims) each application for patent shall be open to public inspection and copies shall be made available to the public under such procedures as may be determined by the Commissioner, except-- ``(1) an application may be made so available during such 18-month period if confidentiality is waived by the applicant; and ``(2) an application may be maintained in secrecy under any order under chapter 17. ``(c) The Commissioner shall publish each patent application promptly when open to public inspection under subsection (b).''. (2) The table of sections for chapter 11 of title 35, United States Code, is amended by amending the item relating to section 122 to read as follows: ``122. Opening of patent applications; confidential status.''. (f) Contents and Term of Patent.--Section 154 of title 35, United States Code, is amended to read as follows: ``Sec. 154. Contents and term of patent ``(a)(1) Subject to the provisions of paragraph (2), every patent shall contain-- ``(A) a short title of the invention; ``(B) a grant to the patentee, and the heirs or assigns of the patentee-- ``(i) for a term beginning on the date on which the patent is issued and ending on a date 20 years from the date on which the application for patent is filed in the United States, excluding any claims of priority under section 119 or 365; ``(ii) of the right to exclude others from making, using, or selling the invention throughout the United States or importing the invention into the United States; ``(iii) if the invention is a process, of the right to exclude others from using or selling throughout the United States, or importing into the United States, products made by that process; and ``(iv) that refers to the specification for the particulars of the invention; and ``(C) a copy of the specification and drawings which shall be annexed to the patent and be a part of the patent. ``(2) The grant of a patent shall be subject to the payment of fees as provided by this title. ``(b)(1) In addition to the contents described under subsection (a), the grant of a patent described under paragraph (2) shall additionally include the right to obtain a reasonable royalty from any other person who, during the period before the grant-- ``(A)(i) makes, uses, or sells the claimed invention in the United States, or imports the claimed invention into the United States; or ``(ii) if the claimed invention is a process, uses or sells throughout the United States or imports into the United States products made by that process; and ``(B) had actual knowledge of the published application. ``(2) Paragraph (1) applies to any patent-- ``(A) that is granted based on an application published under section 122(c) before such patent is granted; and ``(B) to the extent the patent claims in the issued patent are substantially identical with the claims in such published application.''. (g) Term of Design Patent.--Section 173 of title 35, United States Code, is amended by striking out ``fourteen years.'' and inserting in lieu thereof ``seventeen years from the filing date, as determined under section 154(a) of this title.''. SEC. 3. EFFECTIVE DATE AND APPLICABILITY. The provisions of this Act and the amendments made by this Act shall take effect 90 days after the date of the enactment of this Act and shall apply only to applications filed on and after such effective date.

Patent Term and Publication Reform Act of 1994 - Provides for a 20-year patent term, beginning from the date that the application is filed. (Under current law, a patent term runs for 17 years from the date the patent is granted.) Provides for the publication of a patent application 18 months after its filing. Specifies that patents for designs may be granted for terms of three years and six months, seven years, or 17 (currently, 14) years, as the applicant elects in the application.

Patent Term and Publication Reform Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Livestock Assistance Act of 2002''. SEC. 2. LIVESTOCK ASSISTANCE PROGRAM. (a) In General.--The Secretary of Agriculture shall use $500,000,000 of the funds of the Commodity Credit Corporation to make and administer payments for livestock losses to producers for-- (1) 2001 losses in a county that has received an emergency designation by the President or the Secretary after January 1, 2001; or (2) 2002 losses in a county that has received an emergency designation by the President or the Secretary after January 1, 2002. (b) Election.--The producers on a farm or ranch may elect to receive payments under paragraph (1) or (2) of subsection (a), but not both paragraphs. (c) American Indian Livestock Program.--Of the amount made available under subsection (a), the Secretary shall make $12,000,000 available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549, 1549A-51). (d) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 105-277; 114 Stat. 1549, 1549A-51). (e) Commodity Credit Corporation.--The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section. SEC. 3. PAYMENT LIMITATIONS. Section 1001 of the Food Security of 1985 (7 U.S.C. 1308) is amended-- (1) in subsection (b), by striking ``$40,000'' each place it appears and inserting ``$17,500''; (2) in subsection (c), by striking ``$65,000'' each place it appears and inserting ``$32,500''; and (3) by striking subsection (d) and inserting the following: ``(d) Limitations on Marketing Loan Gains, Loan Deficiency Payments, and Commodity Certificate Transactions.-- ``(1) Loan commodities.--The total amount of the following gains and payments that a person may receive during any crop year may not exceed $90,000: ``(A)(i) Any gain realized by a producer from repaying a marketing assistance loan for 1 or more loan commodities under subtitle B of title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.) at a lower level than the original loan rate established for the loan commodity under that subtitle. ``(ii) In the case of settlement of a marketing assistance loan for 1 or more loan commodities under that subtitle by forfeiture, the amount by which the loan amount exceeds the repayment amount for the loan if the loan had been settled by repayment instead of forfeiture. ``(B) Any loan deficiency payments received for 1 or more loan commodities under that subtitle. ``(C) Any gain realized from the use of a commodity certificate issued by the Commodity Credit Corporation for 1 or more loan commodities, as determined by the Secretary, including the use of a certificate for the settlement of a marketing assistance loan made under that subtitle. ``(2) Other commodities.--The total amount of the following gains and payments that a person may receive during any crop year may not exceed $90,000: ``(A)(i) Any gain realized by a producer from repaying a marketing assistance loan for peanuts, wool, mohair, or honey under subtitle B or C of title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.) at a lower level than the original loan rate established for the commodity under those subtitles. ``(ii) In the case of settlement of a marketing assistance loan for peanuts, wool, mohair, or honey under those subtitles by forfeiture, the amount by which the loan amount exceeds the repayment amount for the loan if the loan had been settled by repayment instead of forfeiture. ``(B) Any loan deficiency payments received for peanuts, wool, mohair, and honey under those subtitles. ``(C) Any gain realized from the use of a commodity certificate issued by the Commodity Credit Corporation for peanuts, wool, mohair, and honey, as determined by the Secretary, including the use of a certificate for the settlement of a marketing assistance loan made under those subtitles. ``(f) Single Farming Operation.--Notwithstanding subsections (b) through (e), if an individual participates only in a single farming operation and receives, directly or indirectly, any payment or gain covered by this section through the operation, the total amount of payments or gains (as applicable) covered by this section that the individual may receive during any crop year may not exceed twice the dollar amount prescribed in this section.''. SEC. 4. REGULATIONS. (a) In General.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this Act and the amendments made by this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act and the amendments made by this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

Emergency Livestock Assistance Act of 2002 - Directs: (1) the Secretary of Agriculture to make payments to livestock producers in emergency-designated counties who have suffered losses in 2001 or 2002; and (2) producers to elect payments for one but not both of such years. Obligates specified amounts for the American Indian livestock program.Amends the Food Security Act of 1985 to reduce direct and counter-cyclical payments that a producer may receive during any crop year for: (1) peanuts, and (2) covered commodities (wheat, corn grain sorghum, barley, oats, upland cotton, rice, soybeans, and other oilseeds).Increases the total gain that a producer may receive from marketing loans, loan deficiency payments, and commodity certificate coupons in any crop year from: (1) loan commodities; and (2) other commodities. Revises gain determination provisions, including the addition of commodity certificate coupons.Sets forth a specified limitation for single farming operations.

A bill to provide emergency livestock assistance to agricultural producers, with an offset.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Self-Governance Demonstration Project Technical Amendments Act of 1993''. SEC. 2. TRIBAL FUNDING SHARES. Title III of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f note) is amended by adding at the end thereof the following new sections: ``Sec. 311. (a) Unless directed otherwise by an express provision of law enacted after the date of the enactment of this section, the Secretary of the Interior and the Secretary of Health and Human Services, as the case may be, shall make available, through negotiations, a tribal share of all funds and resources requested by a tribe which are specifically or functionally related to the provision of services and benefits to the tribe or its members, including all funds and resources available to the Department of the Interior or the Department of Health and Human Services, as the case may be, to support the provision of services and benefits to Indian tribes and Indian individuals regardless of the organizational level where the affected Secretary would have otherwise spent the funds or provided the resources, and regardless of the origin of the funds or resources. ``(b) Unless directed otherwise by an express provision of law specific to a distribution or allocation enacted after the date of the enactment of this section, the Secretary of the Interior or the Secretary of Health and Human Services, as the case may be, shall make available, through negotiations, a tribal share of all funds and resources requested by a tribe which are available to Indian tribes or Indian individuals and which the affected Secretary could have otherwise distributed or allocated by competitive procedure, formula, priority list, or other mechanism. Tribal shares of such funds shall be determined by the Secretary in a manner similar to that used with other funds under this title. ``(c) The Secretary of the Interior and the Secretary of Health and Human Services shall designate the Director of the Office of Self- Governance, established pursuant to section 315 of this title, to be the Federal negotiator for any agreement with each such Secretary, and delegate to the Director authority to initial and execute any agreement authorized under this title. The Director shall determine a specific Federal program residual and a tribe's tribal share after good faith consideration of the positions of the tribe and the appropriate Federal agency. The Director shall cooperate with the negotiating tribe to prepare and initial the appropriate Federal agency's and the tribe's preliminary approval of a negotiated agreement in accordance with section 315 of this title. Upon expiration of the appeal rights provided in subsection (d), the Secretary shall execute the agreement, the tribe shall execute the agreement on its own behalf, and the agreement shall be forwarded to Congress for review as provided in this title. ``(d) The tribe or the affected Federal agency may appeal the Director's determination of a specific Federal program residual or a tribe's tribal share by filing a written appeal to the appropriate Self-Governance Policy Council within 10 days of the initialing of the agreement by the tribe and the Director. The Council shall render a decision within 15 days of receipt of the appeal, after according the Director, the tribe, and the affected Federal agency the opportunity to file responses and make brief oral presentations to the Council. The Director shall have no vote on appeal decisions of the Council. Appeal decisions of the Council shall be final. ``(e) Unless otherwise agreed to by a tribe in negotiations, a tribal share of a tribe shall be determined as follows: ``(1) A residual amount for programs, activities, functions and services directly related to the natural or financial trust resources of a tribe or to the executive direction and administrative services functions of the affected Federal agency shall be determined and subtracted from the total funds estimated to be available for the next fiscal year, which estimate shall be based either upon the total in that agency's budget request for that year or upon the total made available by Congress for the appropriate year. The residual amount shall be that amount which, if all Federal funds benefiting Indian tribes and Indian individuals were administered by tribes under agreements authorized by this title, would be necessary to support an efficiently restructured Federal implementation of the minimum core Federal activities specifically required by law to be carried out by a Federal official. ``(2) The tribal share of a tribe shall be determined in negotiations using factors directly related to the budget account, fund or program being allocated, and shall be separately calculated at each administrative level of the Federal agency using factors specific to that level. In lieu of negotiating a tribal share of funds from the central office or other national-scope administrative level of a Federal agency, a tribe may elect to receive the sum of $45,000 per year. ``(f) In preparing to negotiate a tribe's third and successive annual agreements under this title, the affected Secretary shall present a base budget to the tribe as the minimum amount to be negotiated. The base budget shall be calculated as the amount the tribe negotiated in the prior year, plus pay cost adjustment increases related to employee costs identical to those applied to Federal employees, and plus inflation increases on the remaining funds. The affected Secretary shall add to a tribe's base budget further increases and additions sought by the tribe in negotiations under the terms and conditions of this title. ``Sec. 312. (a) Subject to the availability of funds, the affected Secretary shall ensure that the contract support costs associated with a tribe's operation of its annual funding agreement with the Secretary are fully funded by the Secretary. Such costs shall be estimated at the time of negotiation by multiplying the tribe's most recent indirect cost rate negotiated with the inspector general of the tribe's cognizant Federal agency times the total amount of funds included within the annual funding agreement regardless of the origin of the funds and regardless of the purpose for which the funds are spent by the tribe; except that contract support costs shall be separately calculated for direct funds flowing through the tribe to an intertribal organization at the intertribal organization's negotiated indirect cost rate. The estimated contract support funds provided to a tribe shall be subsequently adjusted to a final amount based upon the tribe's final approved indirect cost rate for that funding year. The total amount of funds other than contract support included within an annual funding agreement shall be an agreement's direct funds base without exclusions. ``(b) Upon request of the appropriate tribe, a minimum of 80 percent of the full amount of such tribe's estimated annual contract support cost funds shall be made available to it at the beginning of its funding year and the remainder made available either at the beginning of the second half of its funding year or when the tribe's final indirect cost rate has been approved for that funding year, whichever comes later. ``(c) If a tribe's indirect cost rate negotiated with the inspector general has not fluctuated more than 10 percent during the preceding 36-month period, the affected Secretary shall, at the request of a tribe, negotiate a lump sum of contract support funds equal to the tribe's most recent indirect cost rate times the annual funding agreement's total direct funds base, which lump sum shall be added to the agreement and shall remain part of the tribe's base budget in successive years and be adjusted under the provisions of section 311(f). ``Sec. 313. (a) The provisions of section 106 of this Act (25 U.S.C. 450j(b)) shall apply to agreements under this title. ``(b) The provisions of subsections (c) and (d) of section 102 of this Act (25 U.S.C. 450f (c) and (d)) shall apply to agreements under this title, and in all such cases, an Indian tribe and its employees carrying out an agreement under this title shall be deemed to be part of the Bureau of Indian Affairs in the Department of the Interior or the Indian or Public Health Service in the Department of Health and Human Services, as the case may be, while carrying out any such agreement and the tribe's employees (including those acting on behalf of the tribe as provided in section 2671 of title 28, United States Code) are deemed employees of the Bureau or Service while acting within the scope of their employment in carrying out the agreement. ``Sec. 314. (a) General Federal program rules, the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), and all Federal acquisition regulations promulgated pursuant to such Act, shall not apply to agreements under this title, nor shall they apply to a tribe's activities, including construction and a tribe's contracts or subcontracts involving such activities, carried out with funds obtained from agreements under this title. ``(b) The Secretary of the Interior or the Secretary of Health and Human Services, as the case may be, shall, within 60 days after receipt of the request from an Indian tribe, approve the tribe's request to waive the application of a Federal regulation to the tribe's carrying out of activities under an agreement unless, within 30 days of receipt of the request, the affected Secretary makes a specific waiver declination finding, based upon a clear and convincing evidence standard, that-- ``(1) adequate protection of trust resources will not otherwise be provided under the terms of the agreement; or ``(2) specific language in the regulation sought to be waived is expressly mandated by law. ``(c) Unless specific language in the regulation sought to be waived is expressly mandated by law, a tribe's request for waiver shall be treated as approved unless declined under the procedures of the foregoing subsection (b). In declining a waiver request, the Secretary shall-- ``(1) immediately state all the Secretary's objections in writing to the tribe; ``(2) within 30 days provide assistance to the tribe to revise its waiver request to overcome the stated objections; and ``(3) within 60 days provide the tribe with a hearing on the record and the opportunity for appeal on the objections raised under rules and regulations governing hearings and appeals for self-determination contracts. ``Sec. 315. (a) The Secretary of the Interior and the Secretary of Health and Human Services shall establish an Office of Self-Governance for the appropriate department within the Office of the affected Secretary. The affected Secretary shall consult with all tribes with whom the affected Secretary has an agreement authorized under this title before making personnel hiring decisions concerning the Office of Self-Governance. The requirements of section 2 of Public Law 96-135 (25 U.S.C. 472a) shall apply to all positions within each Office of Self- Governance, except that, notwithstanding any provision of the Indian preference laws, such laws shall not apply in the case of any personnel action respecting an applicant or employee not entitled to Indian preference if a majority of the tribes with whom the affected Secretary has an agreement authorized under this title at the time the personnel action is initially implemented concur in writing with suspending the application of such laws with respect to such personnel action. ``(b) The Secretary of the Interior, with respect to the Department of the Interior, and the Secretary of Health and Human Services, with respect to the Department of Health and Human Services, shall vest in the Director all of the functions of the appropriate department with respect to formulation and establishment of Federal policy and procedure, and the supervision of Federal programs and expenditures of Federal funds supporting the Federal implementation of the self- governance demonstration project. The Secretary shall carry out such functions through the Director under the provisions of this title. ``(c) The Secretary of the Interior, with respect to the Department of the Interior, and the Secretary of Health and Human Services, with respect to the Department of Health and Human Services, shall establish a Self-Governance Policy Council for each department, which shall meet in regularly scheduled monthly meetings to finally resolve departmental policy and administrative issues during the demonstration project. The Self-Governance Policy Council of the Department of the Interior shall be chaired by the Director of the Office of Self-Governance, with additional members including the Assistant Secretary for Indian Affairs, a representative of the Secretary of the Interior, the Associate Solicitor for Indian Affairs, and 2 non-Federal members appointed by the Secretary of the Interior representing tribes with self-governance agreements with the Department of the Interior. The Self-Governance Policy Council of the Department of Health and Human Services shall be chaired by the Director of the Office of Self- Governance, with additional members including the Director of the Indian Health Service, a representative of the Secretary of Health and Human Services, a representative of the Office of General Counsel, and 2 non-Federal members appointed by the Secretary of Health and Human Services representing tribes with self-governance agreements with the Department of Health and Human Services. In the case of each department's Policy Council, the 2 non-Federal members shall serve 1- year, nonconsecutive terms, and shall be selected in such manner as to achieve geographic representation from among nominations made by tribes having agreements authorized under this title with the department. The 2 non-Federal members shall have voice but no voting privileges on all matters before the Self-Governance Policy Council. Complete minutes of the Council shall be made and distributed to all tribes having agreements authorized under this title with the Department. ``Sec. 316. The Secretary of the Interior and the Secretary of Health and Human Services shall ensure that the Director and all other departmental officials negotiate agreements under this title in good faith and in a spirit of cooperation with each negotiating tribe. ``Sec. 317. (a) Shortfall or supplemental funding shall be used by each such Secretary for two purposes-- ``(1) to make additional funds available to a Federal agency organizational level to address the Director's determination that, based on clear and convincing evidence, the provision of a negotiated tribal share will have an adverse effect on other tribes served by that organizational level; except that such additional funds shall be made available from the shortfall or supplemental funding account for only 1 year, and in successive years shall be met from funds and resources directly derived from restructuring and downsizing on the part of the Federal agency at the particular organizational level affected; and ``(2) to meet the ongoing, additional funding needs of tribes assuming the increased responsibilities and obligations inherent in agreements under this title. ``(b) The restructuring and downsizing on the part of the Federal agency in subsection (a) shall be accomplished in accordance with a plan and time frame that shall be prepared and submitted to the negotiating tribe, to the Committee on Indian Affairs of the Senate, and to the Committee on Natural Resources of the House of Representatives no later than 30 days after the effective date of the annual funding agreement giving rise to the restructuring and downsizing.''. SEC. 3. FUNDS AVAILABLE. Title III of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f note) is amended-- (1) in section 303(a)(6), by striking ``paragraphs (1) and (2)'' and inserting in lieu thereof ``paragraph (3)''; and (2) in section 303(a)(6), by inserting after ``amount'' the following: ``which is, at a minimum,''. S 550 IS----2

Tribal Self-Governance Demonstration Project Technical Amendments Act of 1993 - Amends the Indian Self-Determination and Education Assistance Act with regard to self-determination contracts to direct the Secretary of the Interior or the Secretary of Health and Human Services to make certain tribal funding shares available through negotiations with the tribe rather than through direct assistance or competitive or other mechanisms. Sets forth the method for tribal cost determinations. Requires each Secretary to fully fund contract support costs associated with the operation of a tribe's annual funding agreement, with at least 80 percent made available at the beginning of the funding year. Permits lump sum payments under specified circumstances. Directs each of the Secretaries to establish in their respective Offices an Office of Self-Governance.

Tribal Self-Governance Demonstration Project Technical Amendments Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Oil and Gas Reform Act of 1999''. SEC. 2. SANCTIONS FOR VIOLATIONS RELATING TO FEDERAL OIL AND GAS ROYALTIES. Section 109 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1719) is amended to read as follows: ``civil penalties ``Sec. 109. (a) Royalty Violations.--(1) No person shall-- ``(A) after due notice of violation or after such violation has been reported under paragraph (3)(A), fail or refuse to comply with any requirement of any mineral leasing law or any regulation, order, lease, or permit under such a law; ``(B) fail or refuse to make any royalty payment in the amount or value required by any mineral leasing law or any regulation, order, or lease under such a law; ``(C) fail or refuse to make any royalty payment by the date required by any mineral leasing law or any regulation, order, or lease under such a law; or ``(D) prepare, maintain, or submit any false, inaccurate, or misleading report, notice, affidavit, record, data, or other written information or filing related to royalty payments that is required under any mineral leasing law or regulation issued under any mineral leasing law. ``(2) A person who violates paragraph (1) shall be liable-- ``(A) in the case of a violation of subparagraph (B) or (C) of paragraph (1) for an amount equal to 3 times the royalty the person fails or refuses to pay, plus interest on that trebled amount measured from the first date the royalty payment was due; and ``(B) in the case of any violation, for a civil penalty of $25,000 per violation for each day the violation continues. ``(3) Paragraph (2) shall not apply to a violation of paragraph (1) if the person who commits the violation, within 30 days of the violation-- ``(A) reports the violation to the Secretary or a representative designated by the Secretary; and ``(B) corrects the violation. ``(b) Lease Administration Violations.--Any person who-- ``(1) fails to notify the Secretary of-- ``(A) any designation by the person under section 102(a); or ``(B) any other assignment of obligations or responsibilities of the person under a lease; ``(2) fails or refuses to permit-- ``(A) lawful entry; ``(B) inspection, including any inspection authorized by section 108; or ``(C) audit, including any failure or refusal to promptly tender requested documents; ``(3) fails or refuses to comply with subsection 102(b)(3) (relating to notification regarding beginning or resumption of production); or ``(4) fails to correctly report and timely provide operations or financial records necessary for the Secretary or any authorized designee of the Secretary to accomplish lease management responsibilities, shall be liable for a penalty of up to $10,000 per violation for each day such violation continues. ``(c) Theft.--Any person who-- ``(1) knowingly or willfully takes or removes, transports, uses or diverts any oil or gas from any lease site without having valid legal authority to do so; or ``(2) purchases, accepts, sells, transports, or conveys to another, any oil or gas knowing or having reason to know that such oil or gas was stolen or unlawfully removed or diverted, shall be liable for a penalty of up to $25,000 per violation for each day such violation continues without correction. ``(d) Repeated Violations.--(1)(A) If the Secretary or an authorized designee of the Secretary determines that any person has repeatedly violated subsection (a), (b), or (c), the Secretary or designee shall notify the person of the violation and demand compliance. ``(B) A person notified pursuant to subparagraph (A) shall correct the violations by not later than 30 calendar days after the date of the notification. ``(C) Any person who fails to comply with a demand under subparagraph (A) shall be liable to the United States for a civil penalty equal to 3 times the amount of any civil penalty that otherwise applies under subsection (a), (b), or (c) to the violations to which the demand relates. ``(2) In addition to the penalty provided in paragraph (1)(C), if the Secretary determines that any person has repeatedly violated subsection (a), (b), or (c) or any lease management order, the Secretary may-- ``(A) shut in and cease production of any oil or gas lease held by the person; ``(B) prohibit the person-- ``(i) from acquiring any additional oil or gas lease, including by transfer or assignment; and ``(ii) from being designated under section 102(a) to make payments due under any lease; ``(C) cancel or transfer any interest in an oil or gas lease held by the person; and ``(D) collect from the person reimbursement, including interest, of all costs of release, transfer, or reclamation of lease sites canceled or transferred, including costs of disposing of lease property, facilities, and equipment. ``(e) Administrative Appeal.--(1) Any determination by the Secretary or a designee of the Secretary of the amount of any royalties or civil penalties owed under subsection (a), (b), (c), or (d) shall be final, unless within 15 days after notification by the Secretary or designee the person liable for such amount files an administrative appeal in accordance with regulations issued by the Secretary. ``(2) If a person files an administrative appeal pursuant to paragraph (1), the Secretary or designee shall make a final determination in accordance with the regulations referred to in paragraph (1). ``(f) Deduction.--The amount of any penalty under this section, as finally determined may be deducted from any sums owing by the United States to the person charged. ``(g) Compromise and Reduction.--On a case-by-case basis the Secretary may compromise or reduce civil penalties under this section. ``(h) Notice.--Notice under this subsection (a) shall be by personal service by an authorized representative of the Secretary or by registered mail. Any person may, in the manner prescribed by the Secretary, designate a representative to receive any notice under this subsection. ``(i) Record of Determination.--In determining the amount of such penalty, or whether it should be remitted or reduced, and in what amount, the Secretary shall state on the record the reasons for his determinations. ``(j) Judicial Review.--Any person who has requested a hearing in accordance with subsection (e) within the time the Secretary has prescribed for such a hearing and who is aggrieved by a final order of the Secretary under this section may seek review of such order in the United States district court for the judicial district in which the violation allegedly took place. Review by the district court shall be only on the administrative record and not de novo. Such an action shall be barred unless filed within 90 days after the Secretary's final order. ``(k) Failure To Pay.--If any person fails to pay an assessment of a civil penalty under this Act-- ``(1) after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with subsection (j), or ``(2) after a court in an action brought under subsection (j) has entered a final judgment in favor of the Secretary, the court shall have jurisdiction to award the amount assessed plus interest from the date of the expiration of the 90-day period referred to in subsection (j). Judgment by the court shall include an order to pay. ``(l) Relationship to Mineral Leasing Act.--No person shall be liable for a civil penalty under subsection (a) or (b) for failure to pay any rental for any lease automatically terminated pursuant to section 31 of the Mineral Leasing Act. ``(m) Tolling of Statutes of Limitation.--(1) Any determination by the Secretary or a designee of the Secretary that a person has violated subsection (a), (b)(2), or (b)(4) shall toll any applicable statute of limitations for all oil and gas leases held or operated by such person, until the later of-- ``(A) the date on which the person corrects the violation and certifies that all violations of a like nature have been corrected for all of the oil and gas leases held or operated by such person; or ``(B) the date a final, nonappealable order has been issued by the Secretary or a court of competent jurisdiction. ``(2) A person determined by the Secretary or a designee of the Secretary to have violated subsection (a), (b)(2), or (b)(4) shall maintain all records with respect to the person's oil and gas leases until the later of-- ``(A) the date the Secretary releases the person from the obligation to maintain such records; and ``(B) the expiration of the period during which the records must be maintained under section 103(b). ``(n) State Sharing of Penalties.--Amounts received by the United States in an action brought under section 3730 of title 31, United States Code, that arises from any underpayment of royalties owed to the United States under any lease shall be treated as royalties paid to the United States under that lease for purposes of the mineral leasing laws and the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).''. SEC. 3. SHARED CIVIL PENALTIES. Section 206 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1736) is amended-- (1) by inserting ``trebled royalties or'' after ``50 per centum of any'' and before ``civil penalty''; and (2) by striking the second sentence.

Federal Oil and Gas Reform Act of 1999 - Amends provisions of the Federal Oil and Gas Royalty Management Act of 1982 concerning civil penalties for violation of Federal oil or gas lease (lease) requirements to include under such violations: (1) the filing of false information relating to royalty payments; (2) lease administration violations (recordkeeping, required notifications, inspections); and (3) theft of oil or gas. Makes a repeat offender under any of such violations liable for three times the amount of the otherwise applicable civil penalty and subject to certain other discretionary penalties, such as ceasing oil or gas production or not being permitted to acquire any other lease. Requires administrative appeal of a violation decision within 15 days. Revises penalty amounts for other violations. Provides that any determination that a person has violated lease requirements shall toll any applicable statute of limitations for leases held or operated by such person. Treats amounts received from underpayments of lease royalties owed to the United States as royalties paid to the United States for purposes of the Federal mineral and leasing laws and the Land and Water Conservation Fund Act of 1965. Includes trebled royalty amounts collected for certain lease violations under a provision requiring 50 percent of amounts collected resulting from activities by a State or Indian tribe pursuant to a cooperative agreement to be payable to such State or tribe.

Federal Oil and Gas Reform Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Child Protection Act of 2010''. SEC. 2. PREVENTING ADMISSION OF ALIENS CONVICTED OF SEX OFFENSES AGAINST MINORS. Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following: ``(J) Sex offenders.-- ``(i) In general.--Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of, a sex offense is inadmissible. ``(ii) Definitions.-- ``(I) In general.--For purposes of clause (i), the term `sex offense' means a criminal offense, including a Federal offense, against a minor that involves any of the following: ``(aa) Solicitation to engage in sexual conduct. ``(bb) Use in a sexual performance. ``(cc) Solicitation to practice prostitution (whether for financial or other forms of remuneration). ``(dd) Video voyeurism as described in section 1801 of title 18, United States Code. ``(ee) Possession, production, or distribution of child pornography. ``(ff) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct. ``(gg) Sex trafficking of children as described in section 1591 of title 18, United States Code. ``(hh) Transporting a minor in interstate or foreign commerce, or in any commonwealth, territory, or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense. ``(ii) Any other conduct that by its nature is a sex offense against a minor. ``(II) Exceptions.--The term `sex offense' shall not include the following: ``(aa) A foreign conviction if it was not obtained with sufficient safeguards for fundamental fairness and due process for the accused under guidelines or regulations established under section 112 of the Sex Offender Registration and Notification Act (title I of Public Law 109- 248; 42 U.S.C. 16911). ``(bb) An offense involving consensual sexual conduct if the victim was at least 13 years old and the offender was not more than 4 years older than the victim. ``(III) Minor.--For purposes of subclause (I), the term `minor' means an individual who has not attained the age of 18 years.''. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that the Secretary of Homeland Security, the Attorney General, and the Secretary of State should work with law enforcement agencies of foreign countries and appropriate international organizations to establish information reporting mechanisms sufficient to enable the implementation of the amendment made by section 2.

International Child Protection Act of 2010 - Amends the Immigration and Nationality Act to make aliens convicted of sex offenses against minors inadmissible to the United States. Expresses the sense of Congress that the Secretary of Homeland Security (DHS), the Attorney General, and the Secretary of State should work with foreign law enforcement agencies and international organizations to establish related information reporting mechanisms.

To render inadmissible to the United States aliens who have been convicted of a sex offense against a minor, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Cargo Security Act of 2010''. SEC. 2. FEDERAL AIR CARGO SCREENING PROGRAM. Section 44901 of title 49, United States Code, is amended by adding at the end the following: ``(l) Federal Air Cargo Screening Program.-- ``(1) In general.--Not later than one year after the date of enactment of this subsection, the Secretary of Homeland Security, acting through the Assistant Secretary of Homeland Security (Transportation Security Administration), shall establish and operate, at each airport in the United States that serves passengers, Federal air cargo screening centers for the screening of cargo transported on passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. ``(2) Minimum standards.--The Assistant Secretary shall establish standards for the equipment, technology, procedures, personnel, and methods utilized to conduct screening pursuant to this subsection. The standards shall provide a level of security commensurate with the level of security for the screening of passenger checked baggage. ``(3) Coordination with other air cargo security programs.--The Assistant Secretary shall ensure that the screening conducted pursuant to this subsection is coordinated with the Certified Cargo Screening Program and any other air cargo security program established under subsection (g). ``(4) Authority to contract.--The Assistant Secretary is authorized to enter into contracts with nongovernmental entities (including air carriers and foreign air carriers) to conduct air cargo screening pursuant to this subsection. ``(5) Air cargo screening fee.-- ``(A) In general.--The Assistant Secretary shall impose and collect a uniform fee for air cargo screening pursuant to this subsection in an amount that the Assistant Secretary estimates will result in an aggregate collection of fees equal to the amount the Assistant Secretary estimates for the following costs: ``(i) The salary, benefits, overtime, retirement, and other costs relating to screening personnel, the supervisors and managers of such personnel, and Federal law enforcement personnel deployed at Federal air cargo screening centers established under this subsection. ``(ii) The costs of training personnel deployed at Federal air cargo screening centers established under this subsection and the acquisition, operation, and maintenance of equipment used by such personnel. ``(iii) The costs of performing background investigations of personnel deployed at Federal air cargo screening centers established under this subsection. ``(iv) The costs of capital improvements relating to air cargo screening at airports. ``(v) Any other costs the Assistant Secretary considers necessary and appropriate. ``(B) Imposition of fees.-- ``(i) In general.--The Assistant Secretary shall impose the fee under subparagraph (A) after publication of notice of such fee in the Federal Register and shall begin the collection of fees not later than one year after the date of enactment of this subsection. ``(ii) Subsequent modification of fees.-- The Assistant Secretary may modify, after publication of notice of such modification in the Federal Register, the imposition or collection of fees under subparagraph (A). ``(iii) Limitation on collection.--No fee may be collected pursuant to subparagraph (A) unless the fee is related to the payment of the costs specified in such subparagraph. ``(C) Administration of fees.-- ``(i) Deposit of amounts collected.-- Amounts collected from the fee imposed under subparagraph (A) shall be deposited in the Air Cargo Security Fund established under paragraph (6). ``(ii) Fees not subject to tax.--For purposes of section 4261 of the Internal Revenue Code of 1986, a fee imposed under subparagraph (A) shall not be treated as an amount paid for taxable transportation. ``(D) Receipts credited as offsetting collections.--Notwithstanding section 3302 of title 31, United States Code, any fee collected pursuant to subparagraph (A)-- ``(i) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed; and ``(ii) shall be available for expenditure without further appropriation only to pay the costs of activities and services for which the fee is imposed. ``(E) Refunds.--The Assistant Secretary may refund a fee paid pursuant to subparagraph (A) by mistake or in excess of that required. ``(6) Air cargo security fund.-- ``(A) Establishment.--There is established in the Department of Homeland Security a fund to be known as the `Air Cargo Security Fund' consisting of amounts deposited under paragraph (5)(C)(i). ``(B) Availability of amounts.--Amounts in the Air Cargo Security Fund shall remain available until expended by the Assistant Secretary for the costs specified in paragraph (5)(A). ``(7) Screening defined.--In this subsection, the term `screening' has the same meaning given the term under subsection (g)(5).''.

Air Cargo Security Act of 2010 - Directs the Secretary of Homeland Security (DHS), acting through the Assistant Secretary of Homeland Security (TSA), to: (1) establish at each U.S. airport federal air cargo screening centers to screen cargo transported on domestic and foreign passenger aircraft that operate in air transportation, including intrastate air transportation; (2) establish minimum standards for equipment, technology, procedures, personnel, and methods used to conduct such screening; and (3) ensure that air cargo screening is coordinated with the Certified Cargo Screening Program and any other established air cargo security program. Requires the Assistant Secretary to impose a fee for air cargo screening. Establishes the Air Cargo Security Fund for the deposit of such fees.

To amend title 49, United States Code, to improve air cargo security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Regulatory Relief Act of 2017''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Ombudsman'' has the meaning given that term in section 30(a) of the Small Business Act 15 U.S.C. 657(a)); 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. SBA REGULATORY ENFORCEMENT OMBUDSMAN. (a) In General.--Section 30(b) of the Small Business Act (15 U.S.C. 657(b)(2)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) by striking ``with each agency with regulatory authority'' and inserting the following: ``with-- ``(i) each Federal agency with regulatory authority''; (ii) by inserting ``and'' after the semicolon; and (iii) by adding at the end the following: ``(ii) each Federal agency with regulatory authority over small business concerns or that makes grants or enters into contracts or cooperative agreements with small business concerns to develop best practices to assist the Federal agency in-- ``(I) establishing a program to assist small entities, as defined in section 601 of title 5, United States Code, in meeting regulatory requirements imposed by that Federal agency, including by responding to inquiries under section 213 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note); ``(II) educating small entities about the regulations of that Federal agency that are applicable to small entities; ``(III) training small entities to comply with the regulations of that Federal agency; ``(IV) assisting small entities in completing forms required by the regulations of that Federal agency; ``(V) addressing any specific question or concern of small entities; ``(VI) evaluating compliance guides described under section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note); ``(VII) ensuring that the compliance guides described in subclause (VI) are available to small business development centers and to other resource partners of the Administration; ``(VIII) developing webinars relating to compliance assistance for-- ``(aa) recently finalized rules of the Federal agency; and ``(bb) rules relating to which the Federal agency or Ombudsman receives a significant number of compliance inquiries from small business concerns; and ``(IX) conducting customer service surveys on an ongoing basis of small business concerns that interact with the Federal agency to assess the timeliness and quality of the activities of the Federal agency, which shall be conducted in a manner that allows the results of the surveys to be incorporated into the rating of the responsiveness of the Federal agency under subparagraph (C);''; (B) in subparagraph (D), by striking ``and'' at the end; (C) in subparagraph (E), by striking the period and inserting a semicolon; and (D) by adding at the end the following: ``(F) in collaboration with the employee of a Federal agency designated by the head of the Federal agency as the primary point of contact with the Ombudsman, establish a procedure relating to how the Federal agency will provide information-- ``(i) to small business concerns regarding the Ombudsman; and ``(ii) to the Ombudsman regarding the nature, scope, and resolution of requests to the Federal agency from small business concerns about proposed, final, or existing rules; ``(G) work with each Federal agency with regulatory authority over small business concerns and with programs of the Administration (including the Service Corps of Retired Executives authorized under section 8(b)(1)(B), women's business centers operating under section 29, and small business development centers) to conduct a robust outreach initiative, including through the use of the Internet, to increase the visibility of the Ombudsman and promote awareness of the services available from the Ombudsman; and ``(H) make information regarding the education, training, and compliance assistance services of the Ombudsman readily available on the website of the Ombudsman.''; and (2) by adding at the end the following: ``(3)(A) The head of each Federal agency with regulatory authority over small business concerns or that makes grants or enters into contracts or cooperative agreements with small business concerns shall designate an employee of the Federal agency as the primary point of contact with the Ombudsman. ``(B) The employee designated under subparagraph (A) shall have the authority to make changes necessary to address compliance issues raised by small business concerns.''. (b) Resources.--The Ombudsman shall appoint additional individuals to positions in which they will provide education, training, and compliance assistance to small business concerns. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 30 of the Small Business Act (15 U.S.C. 657) is amended by adding at the end the following: ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary.''.

Small Business Regulatory Relief Act of 2017 This bill amends the Small Business Act to revise the duties of the Office of the National Ombudsman (ONO) to include working with federal agencies that have regulatory authority over small businesses or that provide support to small businesses to develop best practices for helping small businesses comply with agency rules through training, webinars, and compliance guides. The ONO must collaborate with each federal agency to establish a procedure relating to how the agency will provide information to: (1) small businesses regarding the ONO; and (2) the ONO regarding the nature, scope, and resolution of requests to the agency from small businesses about proposed, final, or existing rules. The ONO must: conduct a robust outreach initiative to increase its visibility and promote awareness of its available services; and appoint additional individuals to provide education, training, and compliance assistance to small businesses.

Small Business Regulatory Relief Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Fuel Standard Act of 2008'' or the ``OFS Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The status of oil as a strategic commodity, which derives from its domination of the transportation sector, presents a clear and present danger to the United States; (2) in a prior era, when salt was a strategic commodity, salt mines conferred national power and wars were fought over the control of such mines; (3) technology, in the form of electricity and refrigeration, decisively ended salt's monopoly of meat preservation and greatly reduced its strategic importance; (4) fuel competition and consumer choice would similarly serve to end oil's monopoly in the transportation sector and strip oil of its strategic status; (5) the current closed fuel market has allowed a cartel of petroleum exporting countries to inflate fuel prices, effectively imposing a harmful tax on the economy of the United States of nearly $500,000,000,000 per year; (6) much of the inflated petroleum revenues the oil cartel earns at the expense of the people of the United States are used for purposes antithetical to the interests of the United States and its allies; (7) alcohol fuels, including ethanol and methanol, could potentially provide significant supplies of additional fuels that could be produced in the United States and in many other countries in the Western Hemisphere that are friendly to the United States; (8) alcohol fuels can only play a major role in securing the energy independence of the United States if a substantial portion of vehicles in the United States are capable of operating on such fuels; (9) it is not in the best interest of United States consumers or the United States Government to be constrained to depend solely upon petroleum resources for vehicle fuels if alcohol fuels are potentially available; (10) existing technology, in the form of flexible fuel vehicles, allows internal combustion engine cars and trucks to be produced at little or no additional cost, which are capable of operating on conventional gasoline, alcohol fuels, or any combination of such fuels, as availability or cost advantage dictates, providing a platform on which fuels can compete; (11) the necessary distribution system for such alcohol fuels will not be developed in the United States until a substantial fraction of the vehicles in the United States are capable of operating on such fuels; (12) the establishment of such a vehicle fleet and distribution system would provide a large market that would mobilize private resources to substantially advance the technology and expand the production of alcohol fuels in the United States and abroad; (13) the United States has an urgent national security interest to develop alcohol fuels technology, production, and distribution systems as rapidly as possible; (14) new cars sold in the United States that are equipped with an internal combustion engine should allow for fuel competition by being flexible fuel vehicles, and new diesel cars should be capable of operating on biodiesel; and (15) such an open fuel standard would help to protect the United States economy from high and volatile oil prices and from the threats caused by global instability, terrorism, and natural disaster. SEC. 3. OPEN FUEL STANDARD FOR TRANSPORTATION. Chapter 329 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 32920. OPEN FUEL STANDARD FOR TRANSPORTATION. ``(a) Definitions.--In this section: ``(1) E85.--The term `E85' means a fuel mixture containing 85 percent ethanol and 15 percent gasoline by volume. ``(2) Flexible fuel automobile.--The term `flexible fuel automobile' means an automobile that has been warranted by its manufacturer to operate on gasoline, E85, and M85. ``(3) Fuel choice-enabling automobile.--The term `fuel choice-enabling automobile' means-- ``(A) a flexible fuel automobile; or ``(B) an automobile that has been warranted by its manufacturer to operate on biodiesel. ``(4) Light-duty automobile.--The term `light-duty automobile' means-- ``(A) a passenger automobile; or ``(B) a non-passenger automobile. ``(5) Light-duty automobile manufacturer's annual inventory.--The term `light-duty automobile manufacturer's annual inventory' means the number of light-duty automobiles that a manufacturer, during a given calendar year, manufactures in the United States or imports from outside of the United States for sale in the United States. ``(6) M85.--The term `M85' means a fuel mixture containing 85 percent methanol and 15 percent gasoline by volume. ``(b) Open Fuel Standard for Transportation.-- ``(1) In general.--Except as provided in paragraph (2), each light-duty automobile manufacturer's annual inventory shall be comprised of-- ``(A) not less than 50 percent fuel choice-enabling automobiles in 2012, 2013, and 2014; and ``(B) not less than 80 percent fuel choice-enabling automobiles in 2015, and in each subsequent year. ``(2) Temporary exemption from requirements.-- ``(A) Application.--A manufacturer may request an exemption from the requirement described in paragraph (1) by submitting an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require by regulation. Each such application shall specify the models, lines, and types of automobiles affected. ``(B) Evaluation.--After evaluating an application received from a manufacturer, the Secretary may at any time, under such terms and conditions, and to such extent as the Secretary considers appropriate, temporarily exempt, or renew the exemption of, a light- duty automobile from the requirement described in paragraph (1) if the Secretary determines that unavoidable events not under the control of the manufacturer prevent the manufacturer of such automobile from meeting its required production volume of fuel choice-enabling automobiles due to a disruption in-- ``(i) the supply of any component required for compliance with the regulations; or ``(ii) the use and installation by the manufacturer of such component. ``(C) Consolidation.--The Secretary may consolidate applications received from multiple manufactures under subparagraph (A) if they are of a similar nature. ``(D) Conditions.--Any exemption granted under subparagraph (B) shall be conditioned upon the manufacturer's commitment to recall the exempted automobiles for installation of the omitted components within a reasonable time proposed by the manufacturer and approved by the Secretary after such components become available in sufficient quantities to satisfy both anticipated production and recall volume requirements. ``(E) Notice.--The Secretary shall publish in the Federal Register-- ``(i) notice of each application received from a manufacturer; ``(ii) notice of each decision to grant or deny a temporary exemption; and ``(iii) the reasons for granting or denying such exemptions. ``(F) Labeling.--Each manufacturer that receives an exemption under this paragraph shall place a label on each exempted automobile. Such label-- ``(i) shall comply with the regulations prescribed by the Secretary under paragraph (3); and ``(ii) may only be removed after recall and installation of the required components. ``(G) Notice of exemption.--Each light-duty automobile delivered to dealers and first purchasers that is not a fuel choice-enabling automobile and for which the manufacturer received an exemption under this paragraph, shall be accompanied with a written notification of such exemption, which complies with the regulations prescribed by the Secretary under paragraph (3). ``(3) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall promulgate regulations to carry out this section.''.

Open Fuel Standard Act of 2008 or the OFS Act - Amends federal transportation law to require each light-duty automobile manufacturer's annual inventory to comprise at least: (1) 50% fuel choice-enabling automobiles in years 2012-2014; and (2) 80% fuel choice-enabling automobiles in 2015, and in each subsequent year. Defines "fuel choice-enabling automobile" as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85; or (2) an automobile capable of operating on biodiesel fuel. Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation. Requires: (1) each manufacturer that receives an exemption to place a label on each exempted automobile; and (2) each exempted light-duty automobile delivered to a dealer and first purchaser to be accompanied with a written notification of such exemption.

To require automobile manufacturers to ensure that not less that 80 percent of the automobiles manufactured or sold in the United States by each such manufacturer to operate on fuel mixtures containing 85 percent ethanol, 85 percent methanol, or biodiesel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disability Fraud Reduction and Unethical Deception (FRAUD) Prevention Act''. SEC. 2. IMMEDIATE SUSPENSION OF CLAIMANT REPRESENTATIVES UPON FELONY CONVICTIONS OR DISBARMENT. Section 206(a)(1) of the Social Security Act (42 U.S.C. 406(a)(1)) is amended-- (1) in the third sentence, by striking ``disbarred or'' each place it appears; and (2) by inserting after the third sentence the following: ``Upon conviction of an individual for a felony in a Federal or State Court or, in the case of an attorney, upon disbarment from any court or bar to which he or she was previously admitted to practice, the Commissioner may, after due notice, immediately disqualify or suspend the individual from appearing as a claimant representative before the Social Security Administration, pending an expedited hearing.''. SEC. 3. NEW AND STRONGER PENALTIES. (a) Conspiracy To Commit Social Security Fraud.-- (1) Amendment to title ii.--Section 208(a) of the Social Security Act (42 U.S.C. 408(a)) is amended-- (A) in paragraph (7)(C), by striking ``or'' at the end; (B) in paragraph (8), by adding ``or'' at the end; and (C) by inserting after paragraph (8) the following: ``(9) conspires to commit any offense described in any of paragraphs (1) through (8),''. (2) Amendment to title viii.--Section 811(a) of such Act (42 U.S.C. 1011(a)) is amended-- (A) in paragraph (3), by striking ``or'' at the end; (B) in paragraph (4), by striking the comma and adding ``; or'' at the end; and (C) by inserting after paragraph (4) the following: ``(5) conspires to commit any offense described in any of paragraphs (1) through (4),''. (3) Amendment to title xvi.--Section 1632(a) of such Act (42 U.S.C. 1383a(a)) is amended-- (A) in paragraph (3), by striking ``or'' at the end; (B) in paragraph (4), by adding ``or'' at the end; and (C) by inserting after paragraph (4) the following: ``(5) conspires to commit any offense described in any of paragraphs (1) through (4),''. (b) Increased Criminal Penalties for Certain Individuals Violating Positions of Trust.-- (1) Amendment to title ii.--Section 208(a) of the Social Security Act (42 U.S.C. 408(a)), as amended by subsection (a), is further amended by striking the period at the end and inserting ``, except that in the case of a person who receives a fee or other income for services performed in connection with any determination with respect to benefits under this title (including a claimant representative, translator, or current or former employee of the Social Security Administration), or who is a physician or other health care provider who submits, or causes the submission of, medical or other evidence in connection with any such determination, such person shall be guilty of a felony and upon conviction thereof shall be fined under title 18, United States Code, or imprisoned for not more than ten years, or both.''. (2) Amendment to title viii.--Section 811(a) of such Act (42 U.S.C. 1011(a)), as amended by subsection (a), is further amended by striking the period at the end and inserting ``, except that in the case of a person who receives a fee or other income for services performed in connection with any determination with respect to benefits under this title (including a claimant representative, translator, or current or former employee of the Social Security Administration), or who is a physician or other health care provider who submits, or causes the submission of, medical or other evidence in connection with any such determination, such person shall be guilty of a felony and upon conviction thereof shall be fined under title 18, United States Code, or imprisoned for not more than ten years, or both.''. (3) Amendment to title xvi.--Section 1632(a) of such Act (42 U.S.C. 1383a(a)), as amended by subsection (a), is further amended by striking the period at the end and inserting ``, except that in the case of a person who receives a fee or other income for services performed in connection with any determination with respect to benefits under this title (including a claimant representative, translator, or current or former employee of the Social Security Administration), or who is a physician or other health care provider who submits, or causes the submission of, medical or other evidence in connection with any such determination, such person shall be guilty of a felony and upon conviction thereof shall be fined under title 18, United States Code, or imprisoned for not more than ten years, or both.''. (c) Increased Civil Monetary Penalties for Certain Individuals Violating Positions of Trust.--Section 1129(a)(1) of the Social Security Act (42 U.S.C. 1320a-8(a)(1)) is amended, in the matter following subparagraph (C), by inserting after ``withholding disclosure of such fact'' the following: ``, except that in the case of such a person who receives a fee or other income for services performed in connection with any such determination (including a claimant representative, translator, or current or former employee of the Social Security Administration) or who is a physician or other health care provider who submits, or causes the submission of, medical or other evidence in connection with any such determination, the amount of such penalty shall be not more than $7,500''. (d) Establishment of Sanctions for Violations by Claimant Representatives.--Section 206(a)(1) of the Social Security Act (42 U.S.C. 406(a)(1)) is amended by inserting after ``or who violates any provision of this section for which a penalty is prescribed.'' the following: ``The Commissioner of Social Security shall establish rules under which fines and other sanctions the Commissioner determines to be appropriate may be imposed and collected for failure to comply with the Commissioner's rules and regulations.''. (e) Civil Monetary Penalty on Claimant Representatives.--Section 1129(a) of the Social Security Act (42 U.S.C. 1320a-8(a)) is amended by adding at the end the following: ``(4) Any person (including an organization, agency, or other entity) who, while acting as a claimant representative pursuant to section 206, knowingly charges, demands, receives, or collects for services rendered in excess of the maximum fee prescribed by the Commissioner of Social Security or allowed by a court in connection with proceedings before the court to which section 206(b)(1) is applicable, shall be subject to, in addition to any other penalties that may be prescribed by law, a civil monetary penalty of not more than $7,500 for each violation. Such person shall also be subject to an assessment, in lieu of damages sustained by the United States resulting from the improper payment, of not more than twice the amount of any payments so received.''. (f) Inflation Adjustment of Certain Civil Monetary Penalties.-- Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1129B the following: ``SEC. 1129C. CIVIL MONETARY PENALTY INFLATION ADJUSTMENT. ``(a) Adjustment by Regulation.--The Commissioner of Social Security shall, not later than 180 days after the date of enactment of the Disability Fraud Reduction and Unethical Deception (FRAUD) Prevention Act, and at least once every 4 years thereafter-- ``(1) by regulation adjust the maximum amount of each civil monetary penalty by the inflation adjustment described under subsection (b); and ``(2) publish each such regulation in the Federal Register. ``(b) Amount of Adjustment.--The inflation adjustment under subsection (a) shall be determined by increasing the maximum amount of each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subsection shall be rounded to the nearest-- ``(1) multiple of $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000; and ``(2) multiple of $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000. ``(c) Definitions.--For purposes of this section-- ``(1) the term `civil monetary penalty' means-- ``(A) a penalty imposed by paragraph (1), (3), or (4) of section 1129(a); and ``(B) a penalty imposed by paragraph (1) or (2) of section 1140(b); and ``(2) the term `cost-of-living adjustment' means the percentage (if any) for each civil monetary penalty by which-- ``(A) the Consumer Price Index for all Urban Consumers (CPI-U) for the month of June of the calendar year preceding the adjustment, exceeds ``(B) the CPI-U for the month of June of the calendar year in which the amount of such civil monetary penalty was last set or adjusted pursuant to law. ``(d) Application of Increase.--Any increase under this Act in a civil monetary penalty shall apply only to violations which occur after the date the increase takes effect.''. (g) Mandatory Restitution in Social Security Fraud Cases.-- (1) Amendments to title ii.--Section 208(b) of the Social Security Act (42 U.S.C. 408(b)) is amended-- (A) in paragraph (1), by striking ``may order'' and inserting ``shall order''; (B) in paragraph (2), by striking ``3663'' and inserting ``3663A''; (C) by striking paragraph (3); and (D) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (2) Amendments to title viii.--Section 811(b) of such Act (42 U.S.C. 1011(b)) is amended-- (A) in paragraph (1), by striking ``may order'' and inserting ``shall order''; (B) in paragraph (2), by striking ``3663'' and inserting ``3663A''; (C) by striking paragraph (3); and (D) by redesignating paragraph (4) as paragraph (3). (3) Amendments to title xvi.--Section 1632(b) of such Act (42 U.S.C. 1383a(b)) is amended-- (A) in paragraph (1), by striking ``may order'' and inserting ``shall order''; (B) in paragraph (2), by striking ``3663'' and inserting ``3663A''; (C) by striking paragraph (3); and (D) by redesignating paragraph (4) as paragraph (3). (4) Effective date.--The amendments made by paragraphs (1), (2), and (3) shall apply with respect to violations occurring on or after the date of the enactment of this Act. (h) No Benefits Payable to Individuals for Whom a Civil Monetary Penalty Is Imposed for Fraudulently Concealing Work Activity.--Section 222(c)(5) of the Social Security Act (42 U.S.C. 422(c)(5)) is amended by inserting after ``conviction by a Federal court'' the following: ``, or the imposition of a civil monetary penalty under section 1129,''. (i) Improved Collection of Civil Money Penalties and Assessments.-- Section 1129(e) of the Social Security Act (42 U.S.C. 1320a-8) is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (2) by inserting before paragraph (2) the following: ``(1) Civil money penalties and assessments imposed under this section may be compromised by the Commissioner of Social Security.''; and (3) in paragraph (2) (as redesignated by paragraph (1) of this section), by striking ``Civil money penalties and assessments imposed under this section may be compromised by the Commissioner of Social Security and may be recovered--'' and inserting ``To the extent that the Commissioner of Social Security determines to seek recovery of a civil money penalty or assessment imposed under this section, the Commissioner shall promptly seek such recovery--''. SEC. 4. REVIEW OF HIGHEST-EARNING CLAIMANT REPRESENTATIVES. Not later than 1 year after the date of the enactment of this Act and biennially thereafter, the Inspector General of the Social Security Administration shall conduct biennial reviews of the practices of a sample of the highest earning claimant representatives to ensure compliance with the policies of the Social Security Administration.

Disability Fraud Reduction and Unethical Deception (FRAUD) Prevention Act Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSAct) to authorize the Social Security Administration (SSA) to disqualify or suspend immediately from appearing as a claimant representative before it any individual who has been convicted of a felony in a federal or state court, or, in the case of an attorney, upon the individual's disbarment from any court or bar to which he or she was previously admitted to practice. Amends SSAct titles II, VIII (Special Benefits for Certain World War II Veterans), and XVI (Supplemental Security Income) to subject to criminal penalties for fraud any conspiracy to commit specified offenses, and increase criminal as well as civil monetary penalties for certain individuals in positions of trust who commit fraud. Amends SSAct title II to direct the SSA to establish rules under which fines and other appropriate sanctions may be imposed on claimant representatives for failure to comply with the SSA rules and regulations. Amends SSAct title XI to: (1) establish a civil monetary penalty for any claimant representative who knowingly charges for services rendered in excess of the maximum fee prescribed by the SSA or allowed by a court, and (2) direct the SSA periodically to adjust civil monetary penalty maximum amounts for inflation. Requires federal courts (which currently are merely authorized) to order defendants convicted of Social Security fraud to provide restitution to victims in certain cases. Amends SSAct title II to ban any payment of benefits to individuals on whom a civil monetary penalty is imposed for fraudulently concealing work activity. Directs the Inspector General of the SSA to conduct biennial reviews of the practices of a sample of the highest earning claimant representatives to ensure compliance with SSA policies.

Disability Fraud Reduction and Unethical Deception (FRAUD) Prevention Act