FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This title may be cited as the ``Advancing the Global Opportunities for Biotechnology in Agriculture Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Biotechnology in the agricultural sector holds the prospect for substantial benefits to mankind in a number of critical areas. (2) Enhanced crop yields resulting from the use of agricultural biotechnology will help in feeding a growing world population, especially in developing countries. (3) Healthier bio-engineered foods will assist in combating diseases specific to the developing world that arise from vitamin and other nutritional deficiencies. (4) Pest and disease resistant crops developed through biotechnology will preserve and improve the environment by reducing the need for herbicides and pesticides. (5) Greater agricultural yields will preserve the environment by minimizing the need for additional farmland to feed and clothe the world's growing population. (6) Ensuring that these benefits, the underlying scientific information, and the regulatory framework for managing this technology are shared globally is imperative and should be an integral part of United States foreign assistance programs. SEC. 3. INTERNATIONAL EDUCATIONAL PROGRAMS. (a) In General.--Of the funds appropriated to carry out sections 103 through 106, and chapter 10 of part I of the Foreign Assistance Act of 1961 for fiscal years 2001-2002, $6,000,000 is authorized to be appropriated to the Agency for International Development for programs and projects designed to educate government officials in developing countries regarding the use of biotechnology in the agricultural sector and the regulatory procedures used by the United States with respect to agricultural products using biotechnology. The programs and activities shall encourage acceptance by those countries of products approved under the United States regulatory system or, in the case of countries who choose to establish a national regulatory system based on science, to encourage adoption of domestic approval processes based on objective scientific principles. The programs and activities shall include the following: (1) Technical exchange program for foreign officials.--The Agency for International Development shall carry out a technical exchange program that brings to the United States appropriate foreign officials for the purpose of educating them about the scientific process underlying biotechnology and the regulatory approval system employed in the United States for biotechnology products, and to seek answers to any questions they or their citizens may have regarding the safety of biotechnology, particularly in agricultural products. (2) Technical exchange program for united states biotechnology experts.--The Agency for International Development shall carry out a technical exchange program that sends United States experts in the field of biotechnology in the agriculture sector to foreign capitals to provide information on the scientific process underlying biotechnology, the regulatory approval system employed in the United States to approve agricultural products produced with biotechnology, and to respond to any questions the officials in foreign countries or their citizens may have regarding the safety of biotechnology, particularly in the agriculture sector. SEC. 4. DEVELOPMENT OF EXPERTISE IN BIOTECHNOLOGY IN THE AGENCY FOR INTERNATIONAL DEVELOPMENT. In order to carry out the programs and activities in section ____, the Agency for International Development shall establish a group of experts within the agency to carry out these programs. To maximize its effectiveness, this group should draw on the expertise, as appropriate, of regulatory officials in the Environmental Protection Agency, the Food and Drug Administration, and the United States Department of Agriculture, as well as appropriate officials from the Department of State. SEC. 5. COORDINATED FEDERAL STRATEGY. (a) Coordination.--The President shall establish an interagency process for all relevant executive branch agencies, including the United States Department of Agriculture, the Office of the United States Trade Representative, the Department of State, the Agency for International Development, the Department of Commerce, the Food and Drug Administration, and the Environmental Protection Agency, to coordinate efforts and to generate support for the acceptance of agricultural biotechnology. United States policies must stress the prominence of science as the foundation for regulatory decision-making and work aggressively in international fora such as the World Trade Organization, the Organization for Economic Cooperation and Development, the World Health Organization, including its CODEX Alimentarius, and the United Nations, to advocate for science-based decision making. (b) Standards for Food Aid.--The Agency for International Development and the United States Department of Agriculture should work to ensure that all food and grain products that meet United States health and safety requirements are acceptable to foreign countries under relevant food aid programs. SEC. 6. SENSE OF THE CONGRESS. It is the Sense of the Congress that the Secretary of State should work with United States embassies abroad to develop bilateral support from foreign governments for the approval of science-based trading regimes in multilateral forums and organizations.

Directs the President to establish an interagency process for all relevant executive branch agencies, including the Department of Agriculture, the Office of the U.S. Trade Representative, the Department of State, AID, the Department of Commerce, the Food and Drug Administration, and the Environmental Protection Agency, to coordinate efforts and to generate support for the acceptance of agricultural biotechnology. Urges U.S. policies to stress the prominence of science as the foundation for regulatory decision-making and work aggressively in international fora such as the World Trade Organization, the Organization for Economic Cooperation and Development, including its CODEX Alimentarius, and the United Nations, to advocate for science-based decision- making. Urges AID and the Department of Agriculture to ensure that all food and grain products that meet U.S. health and safety requirements are acceptable to foreign countries under relevant food aid programs. Expresses the sense of Congress that the Secretary of State should work with U.S. embassies abroad to develop bilateral support from foreign governments for the approval of science-based trading regimes in multilateral forums and organizations.

Advancing the Global Opportunities for Biotechnology in Agriculture Act of 2000

SECTION 1. QUALIFIED DISPOSITION OF DAIRY PROPERTY TREATED AS INVOLUNTARY CONVERSION. (a) In General.--Section 1033 of the Internal Revenue Code of 1986 (relating to involuntary conversions) is amended by designating subsection (k) as subsection (l) and inserting after subsection (j) the following new subsection: ``(k) Qualified Disposition To Implement Bovine Tuberculosis Eradication Program.-- ``(1) In general.--For purposes of this subtitle, if a taxpayer elects the application of this subsection to a qualified disposition: ``(A) Treatment as involuntary conversion.--Such disposition shall be treated as an involuntary conversion to which this section applies. ``(B) Modification of similar property requirement.--Property to be held by the taxpayer either for productive use in a trade or business or for investment shall be treated as property similar or related in service or use to the property disposed of. ``(C) Extension of period for replacing property.-- Subsection (a)(2)(B)(i) shall be applied by substituting `4 years' for `2 years'. ``(D) Waiver of unrelated person requirement.-- Subsection (i) (relating to replacement property must be acquired from unrelated person in certain cases) shall not apply. ``(E) Expanded capital gain for cattle and horses.--Section 1231(b)(3)(A) shall be applied by substituting `1 month' for `24 months'. ``(2) Qualified disposition.-- ``(A) In general.--For purposes of this subsection, the term `qualified disposition' means the disposition of dairy property which is certified by the Secretary of Agriculture as having been the subject of an agreement under the bovine tuberculosis eradication program, as implemented pursuant to the Declaration of Emergency Because of Bovine Tuberculosis (65 Federal Register 63,227 (2000)). ``(B) Payments received in connection with the bovine tuberculosis eradication program.--For purposes of this subsection, any amount received by a taxpayer in connection with an agreement under such bovine tuberculosis eradication program shall be treated as received in a qualified disposition. ``(C) Transmittal of certifications.--The Secretary of Agriculture shall transmit copies of certifications under this paragraph to the Secretary. ``(3) Allowance of the adjusted basis of certified dairy property as a depreciation deduction.--The adjusted basis of any property certified under paragraph (2)(A) shall be allowed as a depreciation deduction under section 167 for the taxable year which includes the date of the certification described in paragraph (2)(A). ``(4) Dairy property.--For purposes of this subsection, the term `dairy property' means all tangible property used in connection with a dairy business or a dairy processing plant. ``(5) Special rules for certain business organizations.-- ``(A) S corporations.--In the case of an S corporation, gain on a qualified disposition shall not be treated as recognized for the purposes of section 1374 (relating to tax imposed on certain built-in gains). ``(B) Partnerships.--In the case of a partnership which dissolves in anticipation of a qualified disposition (including in anticipation of receiving the amount described in paragraph (2)(B)), the dairy property owned by the partners of such partnership at the time of such disposition shall be treated, for the purposes of this section and notwithstanding any regulation or rule of law, as owned by such partners at the time of such disposition. ``(6) Termination.--This subsection shall not apply to dispositions made after December 31, 2005.''. (b) Effective Date.--The amendment made by this section shall apply to dispositions made and amounts received in taxable years ending after May 22, 2001. SEC. 2. DEDUCTION OF QUALIFIED RECLAMATION EXPENDITURES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 199. EXPENSING OF DAIRY PROPERTY RECLAMATION COSTS. ``(a) In General.--Notwithstanding section 280B (relating to demolition of structures), a taxpayer may elect to treat any qualified reclamation expenditure which is paid or incurred by the taxpayer as an expense which is not chargeable to capital account. Any expenditure which is so treated shall be allowed as a deduction for the taxable year in which it is paid or incurred. ``(b) Qualified Reclamation Expenditure.-- ``(1) In general.--For purposes of this subparagraph, the term `qualified reclamation expenditure' means amounts otherwise chargeable to capital account and paid or incurred to convert any real property certified under section 1033(k)(2) (relating to qualified disposition) into unimproved land. ``(2) Special rule for expenditures for depreciable property.--A rule similar to the rule of section 198(b)(2) (relating to special rule for expenditures for depreciable property) shall apply for purposes of paragraph (1). ``(c) Deduction Recaptured as Ordinary Income.--Rules similar to the rules of section 198(e) (relating to deduction recaptured as ordinary income on sale, etc.) shall apply with respect to any qualified reclamation expenditure. ``(d) Termination.--This section shall not apply to expenditures paid or incurred after December 31, 2005.''. (b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 199. Expensing of dairy property reclamation costs.''. (c) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred in taxable years ending after May 22, 2001.

Amends the Internal Revenue Code to, until December 31, 2005: (1) provide for the treatment, as an involuntary conversion, of qualified dispositions of dairy property which is certified by the Secretary of Agriculture as having been the subject of an agreement under the bovine tuberculosis eradication program, as implemented pursuant to the Declaration of Emergency Because of Bovine Tuberculosis; and (2) permit the expensing of qualified dairy property reclamation costs.

To amend the Internal Revenue Code of 1986 to provide for nonrecognition of gain on dispositions of dairy property which is certified by the Secretary of Agriculture as having been the subject of an agreement under the bovine tuberculosis eradication program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Physician Ownership and Referral Amendments of 1995''. SEC. 2. MODIFICATIONS TO EXCEPTIONS FOR CERTAIN ARRANGEMENTS. (a) Exceptions for Both Ownership and Compensation Arrangements.-- (1) Repeal of exception for physicians' services.--Section 1877(b) of the Social Security Act (42 U.S.C. 1395nn(b)) is amended by striking ``Subsection (a)(1) shall not apply in the following cases'' and all that follows through paragraph (1). (2) New exception for shared facility services.--Section 1877(b) of such Act (42 U.S.C. 1395nn(b)), as amended by paragraph (1), is amended by inserting before paragraph (2) the following new paragraph: ``(1) Shared facility services.-- ``(A) In general.--Subsection (a)(1) shall not apply in the case of a designated health service consisting of a shared facility service of a shared facility-- ``(i) that is furnished-- ``(I) personally by the referring physician who is a shared facility physician or personally by an individual directly employed by such a physician, ``(II) by a shared facility in a building in which the referring physician furnishes substantially all of the services of the physician that are unrelated to the furnishing of shared facility services, and ``(III) to a patient of a shared facility physician; and ``(ii) that is billed by the referring physician. ``(B) Shared facility related definitions.-- ``(i) Shared facility service.--The term `shared facility service' means, with respect to a shared facility, a designated health service furnished by the facility to patients of shared facility physicians. ``(ii) Shared facility.--The term `shared facility' means an entity that furnishes shared facility services under a shared facility arrangement. ``(iii) Shared facility physician.--The term `shared facility physician' means, with respect to a shared facility, a physician who has a financial relationship under a shared facility arrangement with the facility. ``(iv) Shared facility arrangement.--The term `shared facility arrangement' means, with respect to the provision of shared facility services in a building, a financial arrangement-- ``(I) which is only between physicians who are providing services (unrelated to shared facility services) in the same building, ``(II) in which the overhead expenses of the facility are shared, in accordance with methods previously determined by the physicians in the arrangement, among the physicians in the arrangement, and ``(III) which, in the case of a corporation, is wholly owned and controlled by shared facility physicians.''. (3) Inclusion of durable medical equipment and parenteral and enteral nutrients, equipment, and supplies in exception for in-office ancillary services.--Section 1877(b)(2) of such Act (42 U.S.C. 1395nn(b)(2)) is amended by striking ``In the case of'' and all that follows through ``supplies)'' and inserting ``Subsection (a)(1) shall not apply in the case of designated health services''. (4) New exception for capitated payments.--Section 1877(b) of such Act (42 U.S.C. 1395nn(b)) is amended-- (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph: ``(4) Other capitated payments.--Subsection (a)(1) shall not apply in the case of a designated health service, if the designated health service is included in the services for which a physician or physician group is paid only on a capitated basis by a health plan or insurer pursuant to a written arrangement between the plan or insurer and the physician or physician group in which the physician or physician group assumes financial risk for the furnishing of the service.''. (5) Conforming amendments.--Paragraphs (3) and (5) of section 1877(b) of such Act (42 U.S.C. 1395nn(b)), as redesignated by paragraph (4), are each amended by striking ``In the case of'' and inserting ``Subsection (a)(1) shall not apply in the case of''. (b) Revision of Exceptions for Certain Compensation Arrangements.-- (1) Exception for all arrangements meeting requirements.-- Section 1877(a)(2)(B) of such Act (42 U.S.C. 1395nn(a)(2)(B)) is amended-- (A) by striking ``except as provided in subsection (e),''; and (B) by striking ``entity.'' and inserting ``entity which does not meet the requirements of subsection (e).''. (2) Requirements described.--Section 1877(e) of such Act (42 U.S.C. 1395nn(e)) is amended to read to follows: ``(e) Requirements for Permissible Compensation Arrangements.--The requirements under this subsection with respect to a compensation arrangement are as follows: ``(1) The arrangement is in writing and is signed by all parties to the arrangement. ``(2) The arrangement is consistent with fair market value. ``(3) The amount of compensation under the arrangement is not determined in a manner that takes into account the volume or value of any referrals or other business generated between the parties. ``(4) The arrangement would be commercially reasonable even if no referrals were made between the parties. ``(5) The services compensated or contracted for do not exceed those that are reasonable and necessary for the legitimate business purposes of the arrangement. ``(6) The arrangement meets such other requirements as the Secretary may impose as needed to protect against program or patient abuse.''. SEC. 3. EXCLUSION OF INTRAOCULAR LENS, EYEGLASSES, AND CONTACT LENSES FROM DESIGNATED HEALTH SERVICES SUBJECT TO PROHIBITIONS. Section 1877(h)(6)(H) of the Social Security Act (42 U.S.C. 1395nn(h)(6)(H)) is amended by striking the period at the end and inserting the following: ``, other than an intraocluar lens inserted during or subsequent to cataract surgery, eyeglasses, or contact lenses.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to referrals made on or after January 1, 1996.

Medicare Physician Ownership and Referral Amendments of 1995 - Makes modifications under the Medicare program under title XVIII of the Social Security Act to the general exceptions to both ownership and compensation arrangement prohibitions with respect to physician referrals. Excepts shared facility services from such referral prohibitions. Revises exceptions for certain other compensation arrangements as well. Excludes intraocular lens, eyeglasses, and contact lenses from designated health services subject to such prohibitions.

Medicare Physician Ownership and Referral Amendments of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurses' Higher Education and Loan Repayment Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Health Resources and Services Administration estimates there is currently a shortage of more than 200,000 registered nurses nationwide and projects the shortage will grow to over 1 million nurses by 2020, 36 percent less than needed to meet demand for nursing care. (2) The shortage of qualified nursing faculty is the primary factor driving the inability of nursing schools to graduate more registered nurses to meet the Nation's growing workforce demand. (3) There continues to be strong interest on the part of young Americans to enter the nursing field. The National League for Nursing estimates that 88,000 qualified applications, or one out of every three submitted to basic registered nurse programs in 2006, were rejected due to lack of capacity. (4) The American Association of Colleges of Nursing (in this Act referred to as the ``AACN'') estimates that 49,948 applicants were turned away specifically from baccalaureate and graduate schools of nursing in 2008 and over 70 percent of the schools responding to the AACN survey reported a lack of nurse faculty as the number one reason for turning away qualified applicants. Likewise, nearly 70 percent of the associate's degree registered nurse programs responding to the most recent American Association of Community Colleges Nursing Survey reported a lack of faculty to teach as the number one reason for turning away qualified applicants. (5) Large numbers of faculty members at schools of nursing in the United States are nearing retirement. According to the AACN, the average age of a nurse faculty member is 55 years old and the average age at retirement is 62. (6) The current nationwide nurse faculty vacancy rate is estimated to be as high as 7.6 percent, including 814 vacant positions at schools of nursing offering baccalaureate and advanced degrees and, in 2006, as many as 880 in associate's degree programs. (7) Market forces have created disincentives for individuals qualified to become nurse educators from pursing this career. The average annual salary for an associate professor of nursing with a master's degree is nearly 20 percent less than the average salary for a nurse practitioner with a master's degree, according to the 2007 salary survey by the journal ADVANCE for Nurse Practitioners. (8) The most recent Health Resources and Services Administration survey data indicates that from a total of more than 2 million registered nurses, only 143,113 registered nurses with a bachelor's degree and only 51,318 registered nurses with an associate's degree have continued their education to earn a master's degree in the science of nursing, the minimum credential necessary to teach in all types of registered nurse programs. The majority of these graduates do not become nurse educators. (9) Current Federal incentive programs to encourage nurses to become educators are inadequate and inaccessible for many interested nurses. (10) A broad incentive program must be available to willing and qualified nurses that will provide financial support and encourage them to pursue and maintain a career in nursing education. SEC. 3. NURSE FACULTY LOAN REPAYMENT PROGRAM. Part E of title VIII of the Public Health Service Act (42 U.S.C. 297a et seq.) is amended by inserting after section 846A the following new section: ``SEC. 846B. NURSE FACULTY LOAN REPAYMENT PROGRAM. ``(a) Establishment.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may enter into an agreement with eligible individuals for the repayment of education loans, in accordance with this section, to increase the number of qualified nursing faculty. ``(b) Agreements.--Each agreement entered into under subsection (a) shall require that the eligible individual shall serve as a full-time member of the faculty of an accredited school of nursing for a total period, in the aggregate, of at least 4 years during the 6-year period beginning on the later of-- ``(1) the date on which the individual receives a master's or doctorate nursing degree from an accredited school of nursing; or ``(2) the date on which the individual enters into an agreement under subsection (a). ``(c) Agreement Provisions.--Agreements entered into pursuant to subsection (a) shall be entered into on such terms and conditions as the Secretary may determine, except that-- ``(1) not more than 10 months after the date on which the 6-year period described under subsection (b) begins, but in no case before the individual starts as a full-time member of the faculty of an accredited school of nursing, the Secretary shall begin making payments, for and on behalf of that individual, on the outstanding principal of, and interest on, any loan of that individual obtained to pay for such degree; ``(2) for an individual who has completed a master's degree in nursing-- ``(A) payments may not exceed $10,000 per calendar year; and ``(B) total payments may not exceed $40,000; and ``(3) for an individual who has completed a doctorate degree in nursing-- ``(A) payments may not exceed $20,000 per calendar year; and ``(B) total payments may not exceed $80,000. ``(d) Breach of Agreement.-- ``(1) In general.--In the case of any agreement made under subsection (a), the individual is liable to the Federal Government for the total amount paid by the Secretary under such agreement, and for interest on such amount at the maximum legal prevailing rate, if the individual fails to meet the agreement terms required under subsection (b). ``(2) Waiver or suspension of liability.--In the case of an individual making an agreement for purposes of paragraph (1), the Secretary shall provide for the waiver or suspension of liability under such paragraph if compliance by the individual with the agreement involved is impossible or would involve extreme hardship to the individual or if enforcement of the agreement with respect to the individual would be unconscionable. ``(3) Date certain for recovery.--Subject to paragraph (2), any amount that the Federal Government is entitled to recover under paragraph (1) shall be paid to the United States not later than the expiration of the 3-year period beginning on the date the United States becomes so entitled. ``(4) Availability.--Amounts recovered under paragraph (1) shall be available to the Secretary for making loan repayments under this section and shall remain available for such purpose until expended. ``(e) Eligible Individual Defined.--For purposes of this section, the term `eligible individual' means an individual who-- ``(1) is a United States citizen, national, or lawful permanent resident; ``(2) holds an unencumbered license as a registered nurse; and ``(3) has either already completed a master's or doctorate nursing program at an accredited school of nursing or is currently enrolled on a full-time or part-time basis in such a program. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2010 through 2014 to carry out this Act. Such sums shall remain available until expended. ``(g) Sunset.--The provisions of this section shall terminate on December 31, 2020.''.

Nurses' Higher Education and Loan Repayment Act of 2009 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to repay education loans in exchange for an individual working as a full-time member of the faculty of an accredited school of nursing. Terminates the provisions of this Act on December 31, 2020.

A bill to amend the Public Health Service Act to establish a graduate degree loan repayment program for nurses who become nursing school faculty members.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Ynez Band of Chumash Mission Indians Land Transfer Act of 2013''. SEC. 2. TRANSFER OF LAND IN TRUST FOR SANTA YNEZ BAND OF CHUMASH MISSION INDIANS. (a) Transfer and Administration.-- (1) Transfer of lands into trust.--If the Tribe transfers title to the land described in subsection (b) to the United States, the Secretary shall take that land into trust for the benefit of the Tribe. (2) Administration.--The land transferred under paragraph (1) shall be part of the Santa Ynez Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian tribe. (3) Effect.--For purposes of certain California State laws (including the California Land Conservation Act of 1965, Government Code Section 51200, et seq.), placing the land described in subsection (b) into trust shall remove any restrictions on the property pursuant to California Government Code Section 51295 or any other provision of such Act. (b) Legal Description of Lands Transferred.--The lands to be transferred pursuant to this Act are described as follows: Legal Land Description/Site Location: Real property in the unincorporated area of the County of Santa Barbara, State of California, described as follows: PARCEL 1: (APN: 141-121-51 AND PORTION OF APN 141-140-10) LOTS 9 THROUGH 18, INCLUSIVE, OF TRACT 18, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 141-140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105581 OF OFFICIAL RECORDS. PARCEL 3: (PORTIONS OF APNS: 141-230-23 AND 141-140-10) LOTS 19 AND 20 OF TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15 THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL RECORDS. PARCEL 4: (APN: 141-240-02 AND PORTION OF APN: 141-140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105583 OF OFFICIAL RECORDS. PARCEL 5: (PORTION OF APN: 141-230-23) THAT PORTION OF LOTS 3 AND 6 OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105584 OF OFFICIAL RECORDS. (c) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. (d) Restricted Use of Transferred Lands.--The Tribe may not conduct, on the land described in subsection (b) taken into trust for the Tribe pursuant to this Act, gaming activities-- (1) as a matter of claimed inherent authority; or (2) under any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. (e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Tribe.--The term ``Tribe'' means the Santa Ynez Band of Chumash Mission Indians.

Santa Ynez Band of Chumash Mission Indians Land Transfer Act of 2013 - Directs the Secretary of the Interior to take specified lands in Santa Barbara County, California, into trust for the Santa Ynez Band of Chumash Mission Indians if the Tribe transfers title to that land to the United States. (Placing that land into trust removes certain restrictions on the property under California law.) Makes that land part of the Santa Ynez Indian Reservation. Prohibits gambling on the land.

Santa Ynez Band of Chumash Mission Indians Land Transfer Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Housing Construction for the GO Zone Act of 2007''. SEC. 2. EXTENSION OF PLACED-IN-SERVICE DATE REQUIREMENT FOR LOW-INCOME HOUSING CREDIT BUILDINGS IN GULF OPPORTUNITY ZONE. Section 1400N(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or 2008'' in paragraph (3)(A) and inserting ``2008, 2009, or 2010'', (2) by striking ``during such period'' in paragraph (3)(B)(ii) and inserting ``during the period described in subparagraph (A)'', and (3) by striking ``or 2008'' in paragraph (4)(A) and inserting ``2008, 2009, or 2010''. SEC. 3. PRESERVATION OF PREVIOUS LOW-INCOME HOUSING CREDIT BUILDINGS IN GULF OPPORTUNITY ZONE. (a) In General.--If an owner of a qualified low-income building (as defined in section 42(c)(2) of the Internal Revenue Code of 1986) located in the GO Zone (as defined in section 1400M(1) of such Code) in the second taxable year or later of the credit period (as defined in section 42(f)(1) of such Code) for such building-- (1) suffers a reduction in the qualified basis (as determined under section 42(b)(1) of such Code) of such building (hereinafter referred to as the ``lost qualified basis'') as a result of a disaster that caused the President to issue a major disaster declaration as a result of Hurricanes Katrina and Rita, but under subsection (j)(4)(E) of section 42 of such Code avoids recapture or loss of low-income housing credits previously allowed under such section with respect to such building (hereinafter referred to as the ``existing credits'') by restoring the lost qualified basis by reconstruction, replacement, or rehabilitation within a reasonable period established by the Secretary of the Treasury, and (2) obtains an allocation of additional low-income housing credits under such section to fund, in whole or in part, the reconstruction, replacement, or rehabilitation of such building (hereinafter referred to as the ``new credits''), then the qualified basis of such building for purposes of determining the new credits shall equal the excess (if any) of such building's qualified basis as of the close of the first taxable year of the credit period (as so defined) with respect to the new credits (assuming such reconstruction, replacement, or rehabilitation expenditures meet the requirements for treatment as a separate new building), over such building's qualified basis with respect to the existing credits as determined immediately prior to the disaster referred to in paragraph (1). (b) Special Rule for Time for Making Allocations of Credits.--For purposes of section 42(h)(1)(E)(ii) of the Internal Revenue Code of 1986, buildings described in subsection (a) shall be deemed to be qualified buildings. (c) Avoidance of Recapture of Credit.--For purposes of section 42(j)(4)(E) of the Internal Revenue Code of 1986, qualified low-income housing projects (as defined in section 42(g)(1) of such Code) suffering casualty as a result of a disaster that caused the President to issue a major disaster declaration for the Go Zone (as defined in section 1400M(1))shall be deemed to have restored any casualty loss by reconstruction or replacement within a reasonable period if such loss is restored before January 1, 2011. SEC. 4. CREDIT ALLOWABLE FOR CERTAIN BUILDINGS ACQUIRED DURING 10-YEAR PERIOD IN THE KATRINA, RITA, AND WILMA DISASTER AREAS. Section 1400N(c) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Credit allowable for buildings acquired during 10- year period.--A waiver may be granted under section 42(d)(6)(A) (without regard to any clause thereof) with respect to any building in the Gulf Opportunity Zone, the Rita GO Zone, or the Wilma GO Zone.''. SEC. 5. INCLUSION OF BASIS OF PROPERTY FOR MIXED INCOME HOUSING IN KATRINA, RITA, AND WILMA DISASTER AREAS. Section 1400N(c) of the Internal Revenue Code of 1986, as amended by this Act, is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: ``(6) Increase in applicable fraction for mixed income projects.-- ``(A) In general.--In the case of any qualified low-income housing project under section 42(g) which is located in the Gulf Opportunity Zone, the Rita GO Zone, or the Wilma GO Zone and in which the applicable fraction for any building of such qualified low-income housing project is not less than 20 percent and not more than 60 percent but for the provisions of this subparagraph, the numerator of the applicable fraction under section 42(c)(1)(B) shall be increased by-- ``(i) one or 5 percent of the total number of units (whichever adjustment provides the largest unit fraction) for each building in the qualified low income housing project in the case of the unit fraction under section 42(c)(1)(C), and ``(ii) five percent of the total floor space in the case of the floor space fraction under section 42(c)(1)(D). ``(B) Application.--Subparagraph (A) shall apply to-- ``(i) housing credit dollar amounts allocated after December 31, 2007, and ``(ii) buildings placed in service after such date to the extent paragraph (1) of section 42(h) does not apply to any building by reason of paragraph (4) thereof, but only with respect to bonds issued after such date.''. SEC. 6. OVER INCOME LOANS FOR KATRINA, RITA, AND WILMA DISASTER AREAS. (a) In General.--Section 1400N(a)(5)(B) of the Internal Revenue Code of 1986 is amended by adding ``and'' at the end of clause (ii), by striking clause (iii), and by redesignating clause (iv) as clause (iii). (b) Mortgage Revenue Bonds.--Section 1400T(a) of the Internal Revenue Code of 1986 is amended by adding ``and'' at the end of paragraph (1), by striking paragraph (2), and by redesignating paragraph (3) as paragraph (2). (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 7. COMMUNITY DEVELOPMENT BLOCK GRANTS NOT TAKEN INTO ACCOUNT IN DETERMINING IF BUILDINGS ARE FEDERALLY SUBSIDIZED. Section 1400N(c) of the Internal Revenue Code of 1986, as amended by this Act, is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Community development block grants not taken into account in determining if buildings are federally subsidized.-- For purpose of applying section 42(i)(2)(D) to any building which is placed in service in the Gulf Opportunity Zone, the Rita GO Zone, or the Wilma GO Zone during the period beginning on January 1, 2006, and ending on December 31, 2010, a loan shall not be treated as a below market Federal loan solely by reason of any assistance provided under section 106, 107, or 108 of the Housing and Community Development Act of 1974 by reason of section 122 of such Act or any provision of the Department of Defense Appropriations Act, 2006, or the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006.''. SEC. 8. APPLICATION OF THE DEFINITIONS AND SPECIAL RULES UNDER SECTION 42(I) OF THE INTERNAL REVENUE CODE OF 1986 FOR BOND- FINANCED PROJECTS. (a) In General.--For purposes of qualifying as a qualified residential rental project under section 142(d)(1) of the Internal Revenue Code of 1986 [in the Gulf Opportunity Zone, the Rita GO Zone, or the Wilma GO Zone], the special definitions and special rules for low-income units in section 42(i)(3) of such Code shall apply. (b) Effective Date.--This section shall take apply to bonds issued after the date of the enactment of this Act. SEC. 9. SPECIAL TAX-EXEMPT BOND FINANCING RULE FOR REPAIRS AND RECONSTRUCTIONS OF RESIDENCES IN THE GO ZONES. Section 1400N(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Special rule for repairs and reconstructions.-- ``(A) In general.--For purposes of section 143 and this subsection, any qualified GO Zone repair or reconstruction shall be treated as a qualified rehabilitation. ``(B) Qualified go zone repair or reconstruction.-- For purposes of subparagraph (A), the term `qualified GO Zone repair or reconstruction' means any repair of damage caused by Hurricane Katrina, Hurricane Rita, or Hurricane Wilma to a building located in the Gulf Opportunity Zone, the Rita GO Zone, or the Wilma GO Zone (or reconstruction of such building in the case of damage constituting destruction) if the expenditures for such repair or reconstruction are 25 percent or more of the mortgagor's adjusted basis in the residence. For purposes of the preceding sentence, the mortgagor's adjusted basis shall be determined as of the completion of the repair or reconstruction or, if later, the date on which the mortgagor acquires the residence. ``(C) Termination.--This paragraph shall apply only to owner-financing provided after the date of the enactment of this paragraph and before January 1, 2011.''.

Workforce Housing Construction for the GO Zone Act of 2007 - Amends the Internal Revenue Code to: (1) extend through 2010 the placed-in-service date requirement for buildings in the Gulf Opportunity Zone (GO Zone) for purposes of the low-income housing tax credit; (2) allow a low-income housing tax credit for buildings in the GO Zone, the Rita GO Zone, or the Wilma GO Zone (GO Zones) during a specified 10-year period; (3) provide a basis adjustment for low-income housing projects in the GO Zones; (4) exclude Community Development Block Grant funds from consideration in determining whether GO Zone buildings are federally subsidized; and (5) modify certain rules relating to tax-exempt financing of GO Zone buildings.

A bill to amend the Internal Revenue Code of 1986 to extend the placed-in-service date requirement for low-income housing credit buildings in the Gulf Opportunity Zone, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Voting Act of 1995''. TITLE I--CHANGES IN DISCRETIONARY SPENDING LIMITS SEC. 101. DEFICIT REDUCTION TRUST FUND. (a) Establishment.--A trust fund known as the ``Deficit Reduction Trust Fund'' (hereinafter in this title referred to as the ``Fund'') shall be established in the Treasury of the United States. (b) Contents.--The Fund shall consist only of amounts contained in the deficit reduction lock box provision of any appropriation Act. Such amounts shall be transferred to the Fund as specified in subsection (c). (c) Transfers of Moneys to the Fund.--Within 10 days of enactment of any appropriation Act which has a deficit reduction lock box provision, there shall be transferred from the general fund to the Fund an amount equal to that amount. (d) Use of Moneys in the Fund.--Notwithstanding any other provision of law, the amounts in the Fund shall not be available, in any fiscal year, for appropriation, obligation, expenditure, or transfer. SEC. 102. DOWNWARD ADJUSTMENTS OF DISCRETIONARY SPENDING LIMITS. The discretionary spending limit for new budget authority for any fiscal year set forth in section 601(a)(2) of the Congressional Budget Act of 1974, as adjusted in strict conformance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985, shall be reduced by the amount of budget authority transferred to the Fund for that fiscal year under section 2(c), as calculated by the Director of the Office of Management and Budget. The adjusted discretionary spending limit for outlays for that fiscal year as set forth in such section 601(a)(2) shall be reduced as a result of the reduction of such budget authority, as calculated by the Director of the Office of Management and Budget. All such reductions shall occur on the same day that the amounts triggering the reductions are transferred to the Fund. SEC. 103. DEFICIT REDUCTION LOCK-BOX PROVISIONS OF APPROPRIATION MEASURES. (a) Deficit Reduction Lock-box Provisions.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``deficit reduction lock-box provisions of appropriation bills ``Sec. 314. (a) Any general appropriation bill that is being marked up by the Committee on Appropriations (or a subcommittee thereof) of either House shall contain a line item entitled `Deficit Reduction Lock-box'. The dollar amount set forth under that heading shall be an amount equal to the section 602(b)(1) or section 302(b)(1) allocations, as the case may be, to the subcommittee of jurisdiction over the bill of the Committee on Appropriations minus the aggregate level of budget authority or outlays contained in the bill being considered. ``(b) Whenever a Member of either House of Congress offers an amendment (whether in subcommittee, committee, or on the floor) to an appropriation bill to reduce spending, that reduction shall be placed in the deficit reduction lock-box unless that Member indicates that it is to be utilized for another program, project, or activity covered by that bill. If the amendment is agreed to and the reduction was placed in the deficit reduction lock-box, then the line item entitled `Deficit Reduction Lock-box' shall be increased by the amount of that reduction. ``(c) It shall not be in order in the House of Representatives or the Senate to consider a conference report that modifies any Deficit Reduction Lock-box provision that is beyond the scope of that provision as so committed to the conference committee.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 313 the following new item: ``Sec. 314. Deficit reduction lock-box provisions of appropriation measures.''. SEC. 104. CBO TRACKING. Section 202 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(i) Scorekeeping Assistance.--To facilitate compliance by the Committees on Appropriations with section 314, the Office shall score all general appropriation measures as passed the House of Representatives and as passed the Senate and have such scorecard published in the Congressional Record.''. TITLE II--MISCELLANEOUS AMENDMENTS TO THE RULES OF THE HOUSE OF REPRESENTATIVES SEC. 201. MISCELLANEOUS AMENDMENTS TO THE RULES OF THE HOUSE OF REPRESENTATIVES. (a) 5-day Waiting Period.--(1) Clause 2(l)(6) of rule XI of the Rules of the House of Representatives is amended by striking ``third'' and inserting ``fifth''. (2) The first sentence of clause 2(a) of rule XXVIII of the Rules of the House of Representatives is amended by striking ``third'' and inserting ``fifth''. (b) Two-thirds Required to Approve Restrictive Rules or to Waive House Rules.--(1) Clause 4 of rule XI of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: ``(e) It shall not be in order to consider any resolution reported from the Committee on Rules providing for the consideration of any bill or resolution otherwise subject to amendment under House Rules if that resolution limits the right of Members to offer germane amendments to such bill, unless that resolution is agreed to by the affirmative vote of at least two-thirds of the Members voting, a quorum being present.''. (2) Rule XXVII of the Rules of the House of Representatives is amended by adding at the end the following new clause: ``4. The Rules of the House of Representatives shall not be waived except by a vote of two-thirds of the Members voting, a quorum being present.''. (c) Ban on King-of-the-Hill Rules.--The last sentence of clause 4(b) of rule XI of the Rules of the House of Representatives is amended by inserting before the period the following: ``; nor shall it report any rule for the consideration of any measure commonly known as a `king-of-the-hill' rule''. (d) Ban on Self-executing Rules.--Clause 4 of rule XI of the Rules of the House of Representatives (as amended by subsection (b)) is amended by adding at the end the following new paragraph: ``(f) It shall not be in order to consider any order of business resolution reported from the Committee on Rules which provides that, upon the adoption of such resolution, the House shall be considered to have automatically adopted a motion (other than for the previous question), amendment, or resolution, or to have passed a bill, joint resolution, or conference report thereon.''. (e) Repeal of Rule XLIX.--Rule XLIX of the Rules of the House of Representatives is repealed. (f) Conference Committees.--(1) Clause 3 of rule XXVIII of the Rules of the House of Representatives is amended by adding at the end the following new sentence: ``Their report shall not fund any program, project, or activity at a level higher than that contained in the bill or resolution as passed the House or as passed the Senate and committed to the conference committee or fund any program, project, or activity not contained in that bill or resolution as passed the House or as passed the Senate.''. (2) Rule XXVIII of the Rules of the House of Representatives is amended by adding at the end the following new clause: ``7. It shall not be in order in the House to consider a conference report if that report would violate any motion to instruct conferees that the House agreed to.''. TITLE III--ECONOMIC AND EMPLOYMENT IMPACT STATEMENTS SEC. 301. ECONOMIC AND EMPLOYMENT IMPACT STATEMENTS. (a) Preparation.--The Comptroller General of the United States shall prepare an economic and employment impact statement, as described in subsection (b), to accompany each bill, resolution, or conference report reported by any committee of the House of Representatives or the Senate or considered on the floor of either House. (b) Contents.--Except as provided in subsection (c), the economic and employment impact statement required by subsection (a) shall-- (1) state the extent to which enactment of the bill, resolution, or conference report would result in increased costs to the private sector, individuals, or State and local governments; and (2) include, at a minimum, a detailed assessment of the annual impact of the bill, resolution, or conference report (projected annually over a 5-year period from its effective date, and, to the extent feasible, expressed in each case in monetary terms) on-- (A) costs to United States consumers; (B) costs to United States business; (C) national employment; (D) the ability of United States industries to compete internationally; (E) affected State and local governments, fiscal and otherwise; (F) outlays and revenues by the Federal Government as compared to outlays and revenues for the same activity in the current fiscal year (as reported by the Congressional Budget Office); and (G) impact on Gross Domestic Product. (c) Exception.--The economic and employment impact statement required by subsection (a) may consist of a brief summary assessment in lieu of the detailed assessment set forth in subsection (b) if preliminary analysis indicates that the aggregate effect of the bill, resolution, or conference report as measured by the criteria set forth in subparagraphs (A) through (G) of subsection (b) is less than $100,000 or 1,000 jobs in national employment. (d) Statement With All Legislation.--The economic and employment impact statement required by this section shall accompany each bill, resolution, or conference report before such bill, resolution, or conference report may be reported or otherwise considered on the floor of either House. (e) Point of Order.-- (1) Rule.--It shall not be in order in either the House of Representatives or the Senate to consider on the floor any bill, resolution, or conference report, whether or not reported by any committee of the House of Representatives or the Senate, unless that bill, resolution, or conference report includes the economic and employment impact statement required by this section. (2) Waiver.--A point of order made under this subsection may be waived in the Senate by a two-thirds affirmative vote of Senators, duly chosen and sworn, and in the House of Representatives by a two-thirds affirmative vote of Members, duly chosen and sworn. (f) Executive Regulations.--Each regulation and proposed regulation promulgated by a Federal department or executive agency shall be accompanied by an economic and employment impact statement prepared, in accordance with subsection (b), by the department or agency promulgating the regulation or proposed regulation. The economic and employment impact statement shall be published in the Federal Register together with such regulation or proposed regulation. (g) Provision for National Security Emergency Waiver.-- (1) Congressional economic impact statements.--The Congress may waive the requirements of subsections (a) through (d) at any time in which a declaration of war is in effect, or in response to a national security emergency at the request of the President. (2) Executive regulations.--The President may waive the requirements of subsection (f) at any time in which a declaration of war is in effect, or in response to a national security emergency as determined by the President in consultation with Congress. (h) Repeal of Senate Rule.--Paragraph 11 of rule XXVI of the Standing Rules of the Senate is repealed. TITLE IV--APPLICABILITY OF FREEDOM OF INFORMATION ACT SEC. 401. APPLICATION OF FREEDOM OF INFORMATION ACT TO THE CONGRESS. The Congress, and the instrumentalities of Congress, shall be subject to section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act'') to the same extent that Executive agencies (as defined by section 105 of title 5, United States Code) are subject to such section 552.

TABLE OF CONTENTS: Title I: Changes in Discretionary Spending Limits Title II: Miscellaneous Amendments to the Rules of the House of Representatives Title III: Economic and Employment Impact Statements Title IV: Applicability of Freedom of Information Act Truth in Voting Act of 1995 - Title I: Changes in Discretionary Spending Limits - Establishes the Deficit Reduction Trust Fund consisting of amounts contained in deficit reduction lock box provisions of appropriations Acts. Reduces discretionary spending limits by amounts transferred to the Fund. Amends the Congressional Budget Act of 1974 to require that amounts resulting from reduced spending under general appropriations bills be placed in the Fund. Requires the Congressional Budget Office to score all general appropriations measures as passed by the House and Senate and to publish such scorecard in the Congressional Record. Title II: Miscellaneous Amendments to the Rules of the House of Representatives - Amends rule XI of the Rules of the House of Representatives to prohibit the Committee on Rules from reporting any rule for the consideration of a measure commonly known as a "king of the hill" rule. Repeals rule XLIX (statutory limit on the public debt). Amends rule XXVIII to prohibit conference committee reports from funding any program or activity at a level higher than that contained in the bill or resolution as passed by the House or Senate or from funding any program not contained in such versions. Title III: Economic and Employment Impact Statements - Requires the Comptroller General to prepare an economic and employment impact statement to accompany each bill, resolution, or conference report reported by a committee or considered on the floor. Makes it out of order to consider any legislation that is not accompanied by such statement unless the point of order is waived by a two-thirds vote. Requires regulations and proposed regulations promulgated by Federal agencies to be accompanied by such statements as well. Title IV: Applicability of Freedom of Information Act - Applies the Freedom of Information Act to the Congress as such Act applies to executive agencies.

Truth in Voting Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Manufacturing Competitiveness Act of 2012''. SEC. 2. NATIONAL MANUFACTURING COMPETITIVENESS STRATEGY. Not later than June 1, 2014, and June 1, 2018, the President shall submit to Congress, and publish on a public website, a strategy to promote growth, sustainability, and competitiveness in the Nation's manufacturing sector, create well-paid, stable jobs, enable innovation and investment, and support national security. SEC. 3. MANUFACTURING COMPETITIVENESS BOARD. (a) In General.--On the first day of each of the two Presidential terms following the date of enactment of this Act, there is established within the Department of Commerce an American Manufacturing Competitiveness Board. (b) Members.--Members of the Board shall be appointed as follows: (1) Public sector members.--The President shall appoint to the Board-- (A) the Secretary of Commerce; (B) Governors of two States, from different political parties, after consulting with the National Governors Association; and (C) two other members who are current or former officials of the executive branch of government. (2) Private sector members.-- (A) Criteria.--Ten individuals from the private sector shall be appointed to the Board in accordance with subparagraph (B) from among individuals with experience in the areas of-- (i) managing manufacturing companies, including businesses with fewer than 100 employees; (ii) managing supply chain providers; (iii) managing labor organizations; (iv) workforce development; (v) finance; (vi) analyzing manufacturing policy and competitiveness; (vii) conducting manufacturing-related research and development; and (viii) the defense industrial base. (B) Appointment.--The Speaker of the House of Representatives and the majority leader of the Senate shall each appoint 3 members to the Board. The minority leader of the House of Representatives and the minority leader of the Senate shall each appoint 2 members to the Board. (c) Termination.--The Board shall terminate 60 days after submitting its final report pursuant to section 4(c)(3). (d) Co-chairmen.--The co-chairmen of the Board shall be the Secretary of Commerce (or the designee of the Secretary) and a member elected by the private sector members of the Board appointed pursuant to subsection (b)(2). (e) Subgroups.--The Board may convene subgroups to address particular industries, policy topics, or other matters and to take advantage of the expertise of other individuals and entities in matters to be addressed by the Board. Such subgroups may include members representing any of the following: (1) Other Federal agencies, as the co-chairmen determine appropriate. (2) State, tribal, and local governments. (3) The private sector. (f) Quorum.--Ten members of the Board shall constitute a quorum for the transaction of business but a lesser number may hold hearings with the agreement of the co-chairmen. (g) Meetings and Hearings.-- (1) Timing and frequency of meetings.--The Board shall meet at the call of the co-chairmen, and not fewer than 2 times. (2) Public hearings required.--The Board shall convene public hearings to solicit views on the Nation's manufacturing sector and recommendations for the national manufacturing competitiveness strategy. (3) Locations of public hearings.--The locations of public hearings convened under paragraph (2) shall ensure the inclusion of multiple regions and industries of the manufacturing sector. (h) Application of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14 of such Act, shall apply to the Board, including any subgroups established pursuant to subsection (e). SEC. 4. DUTIES OF THE BOARD. (a) In General.--The Board shall-- (1) advise the President on issues affecting the Nation's manufacturing sector; (2) conduct a comprehensive analysis in accordance with subsection (b); and (3) develop a national manufacturing competitiveness strategy in accordance with subsection (c). (b) Comprehensive Analysis.--In developing a national manufacturing competitiveness strategy under subsection (c), the Board shall conduct a comprehensive analysis of the Nation's manufacturing sector, taking into consideration analyses, data, and other information previously compiled, as well as relevant reports, plans, or recommendations issued by Federal agencies, Federal advisory boards, and the private sector. Such analysis shall, to the extent feasible, address-- (1) the value and role of manufacturing in the Nation's economy, security, and global leadership; (2) the current domestic and international environment for the Nation's manufacturing sector, and any subsector identified by the Board as warranting special study for competitiveness or for comparison purposes; (3) Federal, State, tribal, and local policies, programs, and conditions that affect manufacturing; (4) a summary of the manufacturing policies and strategies of the Nation's 10 largest trading partners, to the extent known; (5) new, emerging, or evolving markets, technologies, and products for which the Nation's manufacturers could compete; (6) the identification of redundant or ineffective government programs related to manufacturing, as well as any programs that have improved manufacturing competitiveness; (7) the short- and long-term forecasts for the Nation's manufacturing sector, and forecasts of expected national and international trends and factors likely to affect such sector in the future; (8) the manner in which Federal agencies share information and views with respect to the effects of proposed or active regulations or other executive actions on the Nation's manufacturing sector and its workforce; (9) the recommendations of the Department of Commerce Manufacturing Council, whether such recommendations have been implemented, and the effect of such recommendations; and (10) any other matters affecting the growth, stability, and sustainability of the Nation's manufacturing sector or the competitiveness of the Nation's manufacturing environment, particularly relative to that of other nations, including-- (A) workforce skills, gaps, and development; (B) productivity and the extent to which national economic statistics related to manufacturing accurately measure manufacturing output and productivity growth; (C) trade policy and balance; (D) energy policy, forecasts, and developments; (E) expenditures on basic and applied research related to manufacturing technology; (F) programs to help small and mid-sized manufacturers become more competitive; (G) the impact of Federal statutes and regulations; (H) the impact of domestic and international monetary policy; (I) the impact of taxation; (J) financing and investment, including challenges associated with commercialization and scaling up of production; (K) research and development; (L) job creation and employment disparities; (M) levels of domestic production; (N) adequacy of the industrial base for maintaining national security; (O) protections for intellectual property and the related policies, procedures, and law on technology transfer; and (P) customs enforcement and counterfeiting. (c) National Manufacturing Competitiveness Strategy.-- (1) Development.--The Board shall develop a national manufacturing competitiveness strategy, based on-- (A) the results of the comprehensive analysis conducted under subsection (b); and (B) any other information, studies, or perspectives that the Board determines to be appropriate. (2) Goals and recommendations.-- (A) Goals.--The Board shall include in the national manufacturing competitiveness strategy short- and long- term goals for improving the competitiveness conditions of the Nation's manufacturing environment, taking into account the matters addressed in the comprehensive analysis conducted under subsection (b). (B) Recommendations.--The Board shall include in the national manufacturing competitiveness strategy recommendations for achieving the goals provided under subparagraph (A). Such recommendations may propose-- (i) actions to improve manufacturing competitiveness to be taken by the President, Congress, State and local governments, and the private sector; (ii) actions to improve government policies and coordination among entities developing such policies; (iii) the consolidation or elimination of government programs; (iv) actions to improve government interaction with the manufacturing sector and communication regarding the effects of proposed or active government regulations or other executive actions on the manufacturing sector and its workforce; (v) the reform or elimination of regulations that place the United States manufacturing sector at a disadvantage relative to other nations; and (vi) actions to reduce business uncertainty, including, where appropriate, finalization of regulations applicable to manufacturers. (3) Report.-- (A) Draft.--Not later than 150 days before the date on which the President is required to submit to Congress a report containing a national manufacturing competitiveness strategy under section 2, the Board shall publish in the Federal Register and on a public website a draft report containing a national manufacturing competitiveness strategy. At the same time, the Board shall make available to the public the comprehensive analysis required by subsection (b) and any underlying data or materials necessary to an understanding of the conclusions reached. (B) Public comment; review and revision.--A draft report published under subparagraph (A) shall remain available for public comment for a period of not less than 30 days from the date of publication. The Board shall review any comments received regarding such draft report and may revise the draft report based upon those comments. (C) Publication.--Not later than 60 days before the date on which the President is required to submit to Congress a report containing a national manufacturing competitiveness strategy under section 2, the Board shall submit to the President for review and revision a final report containing a national manufacturing competitiveness strategy, and shall publish such final report on a public website. (D) Contents of report.--The final report submitted under subparagraph (C) shall, to the extent feasible, include-- (i) an estimate of the short- and long-term Federal Government outlays and revenue changes necessary to implement the national manufacturing competitiveness strategy and an estimate of savings that may be derived from implementation of the national manufacturing competitiveness strategy; (ii) a detailed explanation of the methods and analysis used to determine the estimates included under clause (i); (iii) recommendations regarding how to pay for the cost of implementation estimated under clause (i); and (iv) a plan for how the recommendations included in the report will be implemented and who is or should be responsible for the implementation. (d) Consultation; Nonduplication of Efforts.--The Board shall consult with and not duplicate the efforts of the Defense Science Board, the President's Council of Advisors on Science and Technology, the Manufacturing Council established by the Department of Commerce, the Economic Security Commission, the Labor Advisory Committee for Trade Negotiations and Trade Policy, and other relevant governmental entities conducting any activities related to manufacturing. SEC. 5. REQUIREMENT TO CONSIDER NATIONAL MANUFACTURING COMPETITIVENESS STRATEGY IN BUDGET. In preparing the budget for each of the fiscal years from fiscal year 2016 through fiscal year 2022 under section 1105(a) of title 31, United States Code, the President shall include information regarding the consistency of the budget with the goals and recommendations included in the national manufacturing competitiveness strategy. SEC. 6. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means-- (A) during the first Presidential term that begins after the date of enactment of this Act, the American Manufacturing Competitiveness Board established by section 3(a) on the first day of such term; and (B) during the second Presidential term that begins after the date of enactment of this Act, the American Manufacturing Competitiveness Board established by section 3(a) on the first day of such term. (2) Private sector.--The term ``private sector'' includes labor, industry, industry associations, academia, universities, trade associations, nonprofit organizations, and other appropriate nongovernmental groups. (3) State.--The term ``State'' means each State of the United States, the District of Columbia, and each commonwealth, territory, or possession of the United States. Passed the House of Representatives September 12, 2012. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on September 10, 2012. The summary of that version is repeated here.) American Manufacturing Competitiveness Act of 2012 - Directs the President, in each of 2014 and 2018, to submit to Congress and publish on a public website a strategy to promote growth, sustainability, and competitiveness in the nation's manufacturing sector, create well-paid, stable jobs, enable innovation and investment, and support national security. Establishes, within the Department of Commerce, the American Manufacturing Competitiveness Board to: (1) advise the President on issues affecting the nation's manufacturing sector, (2) conduct a comprehensive analysis (analysis) of such sector, and (3) develop a national manufacturing competitiveness strategy (strategy). Directs the Board to: (1) publish in the Federal Register and on a public website a draft report, and to submit to the President for review and revision a final report, on the strategy; and (2) make the analysis available to the public. Requires the President, in preparing the budget for FY2016-FY2022, to include information regarding the consistency of such budget with the goals and recommendations included in the strategy.

To promote the growth and competitiveness of American manufacturing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Education and Quality of Health Care Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The current nursing workforce is the largest group of healthcare providers in the United States. (2) There will be a need for 1,200,000 new and replacement nurses by 2014. (3) Over 37,000 qualified applicants were turned away from entry-level nursing programs leading to a baccalaureate degree in 2005. This number increases to 147,000 when all schools of nursing are taken into account. (4) Insufficient numbers of faculty is the primary reason given by schools of nursing for not accepting qualified applicants. (5) The average age of doctorally-prepared nurse faculty is almost 56 years old. (6) Nurses are the healthcare providers most likely to intercept medication errors before the errors reach patients and result in adverse events. (7) Employing a greater proportion of more highly educated nurses may reduce the rates of patient mortality. SEC. 3. RURAL NURSES TRAINING GRANT PROGRAM. Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p) is amended by adding at the end the following: ``SEC. 832. RURAL NURSES TRAINING GRANT PROGRAM. ``(a) In General.--The Secretary shall award grants to, or enter into contracts with, eligible entities for the purpose of educating nurses to serve in rural areas. ``(b) Use of Funds.--An eligible entity that receives a grant under this section shall use grant funds to develop distance learning education by-- ``(1) providing technology infrastructure to enhance or increase-- ``(A) broadband connectivity; and ``(B) education rooms wired for the Internet; ``(2) providing technology infrastructure for a video conferencing network; ``(3) recruiting, training, and supporting community-based faculty for classroom and clinical training; or ``(4) recruiting and supporting community-based sites for clinical training. ``(c) Analyses.--Not later than 1 year after the Secretary awards grants under subsection (a), and annually thereafter, the Secretary, working with the Administrator of the Health Resources and Services Administration and appropriate nursing agencies, shall collect and perform analyses on the number of nurses in the United States to track rural nursing trends. ``(d) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall generate an annual report about the status of the nursing workforce in the United States and shall disseminate the report as the Secretary determines appropriate. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2007 through 2011.''. SEC. 4. NURSE FACULTY DEVELOPMENT. (a) Nurse Faculty Development Program.--Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by inserting after section 832 (as added by section 3) the following: ``SEC. 833. NURSE FACULTY DEVELOPMENT PROGRAM. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants to eligible entities for the establishment and operation of demonstration projects that will expand the numbers of nurse faculty within schools of nursing, including-- ``(1) developing recruitment programs for nurses with academic credentials for faculty status who are not teaching at the time; ``(2) offering scholarships that facilitate the return of registered nurses to a school of nursing on a part-time basis for graduate education that leads to a career in nursing education; ``(3) providing additional education to enable nurses with graduate degrees to serve as faculty by obtaining teaching certificates; ``(4) developing accelerated doctoral programs that will facilitate entry in a nursing faculty position; ``(5) developing online continuing education courses and practice teaching opportunities for nurse faculty; and ``(6) developing research internships and fellowships for nursing students at academic medical centers to foster interest in academic research. ``(b) Report.--Not later than 2 years after the date of enactment of the Nursing Education and Quality of Health Care Act of 2006, the Comptroller General of the United States shall prepare and submit a report to Congress that-- ``(1) addresses the causes of the nurse faculty shortage; and ``(2) makes recommendations to increase the numbers and the retention of nurse faculty members. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2007 through 2011.''. (b) Doctoral Programs.--Section 811(f)(2) of the Public Health Service Act (42 U.S.C. 296j(f)(2)) is amended by striking the period at the end and inserting ``, except that in the case of a nurse faculty shortage, the Secretary may, in the Secretary's discretion, obligate more than 10 percent of such traineeships for individuals in doctoral degree programs.''. SEC. 5. DEVELOPING THE RURAL NURSING WORKFORCE. Part C of title VIII of the Public Health Service Act (42 U.S.C. 296m) is amended by adding at the end the following: ``SEC. 822. DEVELOPING THE RURAL NURSING WORKFORCE. ``(a) In General.--The Secretary shall award grants to, and enter into contracts with, eligible entities to increase the nursing opportunities for individuals who reside in rural communities. The activities funded under this section shall include-- ``(1) increasing and expanding pipeline programs, including-- ``(A) mathematics and science programs; ``(B) Nurse Medical Academy of Science and Health (MASH) Camp and other health career pipeline programs for middle school and secondary school students tied to higher education curricula; ``(C) nurse mentor programs that provide experience for secondary school students in clinical settings to learn about the nursing profession; ``(D) training for middle school and secondary school guidance counselors; and ``(E) programs that attract nontraditional nursing students, including minorities and men; ``(2) supporting a web-based healthcare workforce development system that will be a database-driven website to connect employers, educators, rural communities, and students with the nursing pipeline and recruitment programs described in this section; and ``(3) increasing the program capacity of accelerated registered nurse programs that recruit individuals with baccalaureate degrees in other fields into baccalaureate or graduate degree nursing programs that serve rural communities, by-- ``(A) increasing the number of faculty; ``(B) increasing clinical training sites; and ``(C) providing financial incentives, including loan forgiveness and tuition assistance for nurses who practice in rural areas. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2007 through 2011.''. SEC. 6. NURSING AND THE QUALITY OF HEALTHCARE. Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.) is amended by adding at the end the following: ``PART J--NURSING AND IMPROVING HEALTHCARE ``SEC. 861. LINKING NURSING EDUCATION AND QUALITY OUTCOMES PROGRAM. ``(a) In General.--The Secretary, in collaboration with the Administrator of the Health Resources and Services Administration and the Director of the Agency for Healthcare Research and Quality, shall award grants to entities that meet the requirements of subsection (b) to enable the entities to carry out demonstration projects that advance the education, delivery, or measurement of quality and patient safety in nursing practice. ``(b) Eligibility.--To be eligible to receive a demonstration project grant under this section, an entity shall-- ``(1) be a school of nursing, a nursing center, an academic health center, a State or local government, or any other public or private nonprofit entity determined appropriate by the Secretary; ``(2) submit to the Secretary an application in accordance with section 802; ``(3) form a partnership with 1 or more eligible entities; and ``(4) submit a plan to the Secretary that assures grant funds received under this section will be used to support the implementation and evaluation of healthcare quality improvement activities that include-- ``(A) with respect to healthcare systems, activities relating to improving patient safety, timeliness of care, effectiveness of care, equity and efficiency of care, and patient-centeredness; or ``(B) with respect to patients, activities, including activities relating to staying healthy, getting well, living with illness or disability, and coping with end of life issues. ``(c) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to entities that will carry out 1 or more of the following: ``(1) Implementation.--Implementing initiatives in professional nursing education to enhance patient safety efforts through evidence-based practice and quality improvement strategies by-- ``(A) developing partnerships between accredited schools of nursing and health care facilities, as defined in section 801, to educate registered nurses in clinical leadership, interdisciplinary team management, systems administration, outcomes and risk management, and education, for implementation in multiple healthcare settings; and ``(B) providing scholarships for registered professional nurses to pursue advanced nursing education in accordance with subsection (a). ``(2) Education.--Integrating quality and safety competencies into nursing education programs by-- ``(A) disseminating patient safety education content to a nurse faculty administrator to integrate quality competencies into each school of nursing that are consistent with technical standards that are developed or adopted by voluntary consensus standards bodies under section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note); and ``(B) developing ongoing web-based modules for continued nurse faculty education to bring research evidence into practice not later than 2 years after receiving a grant under this section; and ``(3) provide continuing education for practicing nurses, including-- ``(A) developing web-based modules related to patient safety, including topics of evidenced-based practice, professional communication, patient or family-centered care, systems thinking, informatics, collaborative practice, medication, and practice error; and ``(B) developing systems for the dissemination of continuing education through facility-based staff development and orientation. ``(d) Evaluation.--The Secretary shall award grants to entities described in subsection (b) to collect data and study the potential benefits of basic and advanced nursing education levels or certification status in the efforts to promote quality improvement strategies and enhance patient outcomes and cost saving measures, by-- ``(1) compiling and analyzing quality indicator data from existing databases and other sources to evaluate relationships between basic and advanced nursing education levels or certification status on nursing sensitive indicators and quality outcomes; ``(2) working in consultation with State departments of health or other nonprofit patient safety organizations; or ``(3) demonstrating the cost savings and sustainability of the demonstration projects. ``(e) Report.--Not later than 2 years after the date of enactment of the Nursing Education and Quality of Health Care Act of 2006, the Secretary shall submit a report to Congress on the results of the program under this section. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2007 through 2011.''.

Nursing Education and Quality of Health Care Act of 2006 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to, or enter into contracts with, schools of nursing, health care facilities, or partnerships of such schools and facilities to educate nurses to serve in rural areas, including by developing distance learning education. Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to award grants to such schools, facilities, or partnerships for the establishment of demonstration projects that will expand the number of nurse faculty within schools of nursing, including by developing recruitment programs and offering scholarships. Allows the Secretary, in the case of a nurse faculty shortage, to obligate more than 10% of traineeships for advanced nursing education programs to individuals in doctoral degree programs. Requires the Secretary to: (1) award grants to, and enter into contracts with, eligible entities to increase the nursing opportunities for individuals who reside in rural communities, including by increasing and expanding pipeline programs and supporting a web-based health care workforce development system; (2) award grants to entities for demonstration projects that advance the education, delivery, or measurement of quality and patient safety in nursing practice; and (3) award grants to collect data and study the potential benefits of basic and advanced nursing education levels or certification status in the efforts to promote quality improvement strategies and enhance patient outcomes and cost saving measures.

A bill to increase the number of well-educated nurses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``America Stands with Israel Act''. SEC. 2. FINDINGS. Congress finds the following: (1) A state of armed conflict exists between Israel and the Hamas regime controlling Gaza. Hamas has launched 10,000 rockets against Israeli civilians, and is presently smuggling in arms and military supplies into Gaza, by land and sea, in order to fortify its positions and continue its attacks. (2) Under international law, Israel has the right to protect the lives of its civilians from Hamas attacks, and, consequently, has undertaken measures to defend itself, including the imposition of a maritime blockade to curb Hamas rearmament. Under international maritime law, when a maritime blockade is in effect, no vessels can enter the blockaded area. Its use of force for soldiers to defend themselves is also acceptable under international law. (3) Hamas is a terrorist organization recognized by the United States and the European Union whose charter calls for the destruction of Israel. Hamas has also illegally taken control of Gaza and has used rockets, mortars, and suicide bombs to kill hundreds of Israelis and Americans inside of Israel, which it continues to this day. (4) Hamas is funded and directly supported by Iran which uses it as a proxy to fight Israel. In addition, Iran recently announced it would send Iranian ships to escort future ships attempting to break the Gaza blockade. (5) In 2002, Israel intercepted the Karine A which was found to be carrying 50 tons of weapons destined for Hamas and, in 2009, Israel intercepted the Francop carrying hundreds of tons of weapons destined for Hezbollah. (6) Israel allows approximately 15,000 tons of supplies to enter Gaza on a daily basis. In the last 18 months over a million tons of humanitarian supplies have entered Gaza from Israel. (7) Even though Israel repeatedly warned the flotilla it would not be allowed entry in to Gaza and offered to deliver to Gaza the humanitarian goods that the flotilla was carrying, Israel was rebuffed. (8) Greta Berlin, one of the leaders of the flotilla, admitted the purpose was not to bring humanitarian aid to Gaza but rather to end the blockade. (9) The main organizer of the flotilla was the Turkish Humanitarian Relief Foundation, which has publicly affirmed its links to Hamas, maintains an office in Gaza, and has ties to other terrorist organizations, including al-Qaeda, and several of the passengers on the flotilla have links or have provided financial support to Hamas, Palestinian Islamic Jihad, and al- Qaeda. (10) According to its Web site, the United Nations Human Rights Council is an intergovernmental body within the United Nations consisting of 47 countries responsible for strengthening the promotion and protection of human rights around the globe. However, its members include such notorious violators of human rights as China, Cuba, Egypt, Saudi Arabia, and Russia. In addition, the Human Rights Council has produced the deeply flawed and biased United Nations Fact Finding Mission on the Gaza Conflict (Goldstone Report) which was rejected by the Obama Administration and Congress, and at least 27 resolutions specifically condemning Israel. SEC. 3. STATEMENT OF CONGRESS. Congress declares that the United States stands with the Government of Israel and the Israeli people. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the United States-- (1) supports Israel's unconditional right to defend itself; (2) supports Israel's naval blockade of Gaza; and (3) should oppose any United Nations investigation into the flotilla incident. SEC. 5. ACTIONS AT THE UNITED NATIONS HUMAN RIGHTS COUNCIL; PROHIBITION ON CERTAIN CONTRIBUTIONS. (a) Cessation of Membership.--The Secretary of State shall direct the United States Permanent Representative to the United Nations to cease United States participation in and membership on the United Nations Human Rights Council. (b) Prohibition on Certain Contributions.-- (1) In general.--The Secretary of State may not contribute to the United Nations any funds to be used to pay for an investigation into the flotilla incident. (2) Recapture.--The Secretary of State shall ensure that no United States contributions to the United Nations are used for an investigation into the flotilla incident, including, where necessary, by withholding from United States contributions to the regularly assessed biennial budget of the United Nations amounts equal to any amounts so expended.

America Stands with Israel Act - Expresses the sense of Congress that the United States: (1) supports Israel's right to defend itself; (2) supports Israel's naval blockade of Gaza; and (3) should oppose any investigation by the United Nations (U.N.) into the flotilla incident (involving the May 2010 Israeli interception of ships carrying supplies to Gaza). Requires the Secretary of State to direct the U.S. Permanent Representative to the United Nations to cease U.S. participation in and membership on the United Nations Human Rights Council (UNHRC). Prohibits the Secretary from contributing any funds to the United Nations for an investigation into the flotilla incident. Directs the Secretary to ensure that no U.S. contributions to the United Nations are used for any such investigation, including by withholding from U.S. contributions to the regularly assessed biennial budget of the United Nations amounts equal to any amounts so expended.

To prohibit United States participation on the United Nations Human Rights Council (UNHRC) and prohibit contributions to the United Nations for the purpose of paying for any United Nations investigation into the flotilla incident.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Employment Rights Realignment Act of 2009''. SEC. 2. ENFORCEMENT THROUGH OFFICE OF SPECIAL COUNSEL OF VETERANS' EMPLOYMENT OR REEMPLOYMENT RIGHTS WITH RESPECT TO EMPLOYERS THAT ARE FEDERAL EXECUTIVE AGENCIES. (a) Enforcement of Rights Through Office of Special Counsel.-- Section 4322 of title 38, United States Code, is amended-- (1) by striking subsection (a) and inserting the following new subsection (a): ``(a)(1)(A) A person described in subparagraph (B) may file a complaint with the Secretary, and the Secretary shall investigate such complaint. ``(B) A person described in this subparagraph is a person who claims that-- ``(i) such person is entitled under this chapter to employment or reemployment rights or benefits with respect to employment by an employer other than an employer that is a Federal executive agency; and ``(ii) such employer has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter. ``(2)(A) A person described in subparagraph (B) may file a complaint with the Special Counsel established by section 1211 of title 5. ``(B) A person described in this subparagraph is a person who claims that-- ``(i) such person is entitled under this chapter to employment or reemployment rights or benefits with respect to employment by an employer that is a Federal executive agency; and ``(ii)(I) such employer has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter; or ``(II) such employer or the Office of Personnel Management has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter.''; (2) by striking subsections (d) and (e) and inserting the following new subsections (d) and (e): ``(d)(1) The Secretary shall investigate each complaint submitted pursuant to subsection (a)(1). If the Secretary determines as a result of the investigation that the action alleged in such complaint occurred, the Secretary shall attempt to resolve the complaint by making reasonable efforts to ensure that the person or entity named in the complaint complies with the provisions of this chapter. ``(2) If the efforts of the Secretary with respect to any complaint filed under subsection (a)(1) do not resolve the complaint, the Secretary shall notify the person who submitted the complaint of-- ``(A) the results of the Secretary's investigation; and ``(B) the complainant's entitlement to proceed under the enforcement of rights provisions provided under section 4323. ``(e)(1) In the case of a complaint filed under subsection (a)(2), the Special Counsel shall investigate the complaint. If the Special Counsel determines as a result of the investigation that the action alleged in such complaint occurred, the Special Counsel shall attempt to resolve the complaint by making reasonable efforts to ensure that the person or entity named in the complaint complies with the provisions of this chapter. ``(2) If the efforts of the Special Counsel with respect to any complaint filed under subsection (a)(2) do not resolve the complaint, the Special Counsel shall notify the person who submitted the complaint of-- ``(A) the results of the investigation by the Special Counsel; and ``(B) the complainant's entitlement to proceed under the enforcement of rights provisions provided under section 4324.''. (b) Technical and Conforming Amendments.--Such title is further amended-- (1) in section 4322(b), by striking ``Such complaint'' and inserting ``Each complaint filed under subsection (a)''; (2) in section 4323(a)-- (A) in paragraph (1), by striking ``section 4322(e)'' and inserting ``section 4322(d)(2)''; and (B) in paragraph (3)(A), by striking ``section 4322(a)'' and inserting ``section 4322(a)(1)''; (3) in section 4324-- (A) in subsection (a)(1)-- (i) in the first sentence, by striking ``Secretary'' each place it appears and inserting ``Special Counsel''; (ii) by striking ``section 4322(e)'' and inserting ``section 4322(e)(2)''; and (iii) by striking the second sentence; and (B) in subsection (b)-- (i) in paragraph (1)-- (I) by striking ``Secretary'' and inserting ``Special Counsel''; and (II) by striking ``section 4322(a)'' and inserting ``section 4322(a)(2) of this title''; and (ii) in paragraph (2)-- (I) by striking ``Secretary'' and inserting ``Special Counsel''; and (II) by striking ``section 4322(e)'' and inserting ``section 4322(e)(2) of this title''; (4) in section 4325(c), by striking ``section 4322(d)'' and inserting ``section 4322(d)(1)''; and (5) in section 4326-- (A) in subsection (a), by inserting ``or the Special Counsel's'' after ``Secretary's''; and (B) by striking ``Secretary'' each place it appears and inserting ``Secretary or the Special Counsel''. (c) Conforming Repeal.--The Veterans Benefits Improvement Act of 2004 (Public Law 108-454) is amended by striking section 204. (d) Effective Date.--The amendments made by this section shall apply with respect to complaints filed on or after the date of the enactment of this Act. Passed the House of Representatives May 19, 2009. Attest: LORRAINE C. MILLER, Clerk.

Veterans Employment Rights Realignment Act of 2009 - Provides for the enforcement through the Office of Special Counsel of the employment and unemployment rights of veterans and members of the Armed Forces employed by federal agencies. Authorizes such an individual to file a complaint with the Special Counsel. (Under current law, such individual may only file a complaint with the Secretary of Veterans Affairs). Directs the Special Counsel to investigate and attempt to resolve any complaint so filed. Requires the Special Counsel, if unable to resolve a complaint, to notify the complainant of: (1) the results of the investigation; and (2) the complainant's entitlement to proceed with the enforcement of such rights through referral to the Merit Systems Protection Board.

To amend title 38, United States Code, to provide for the enforcement through the Office of Special Counsel of the employment and reemployment rights of veterans and members of the Armed Forces employed by Federal executive agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth Act of 1998''. SEC. 2. REDUCTION IN INDIVIDUAL CAPITAL GAINS TAX RATES. (a) In General.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, the tax imposed by this section for such taxable year shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on taxable income reduced by the net capital gain, ``(B) 7.5 percent of so much of the net capital gain (or, if less, taxable income) as does not exceed the excess (if any) of-- ``(i) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 28 percent, over ``(ii) the taxable income reduced by the net capital gain, and ``(C) 15 percent of the amount of taxable income in excess of the sum of the amounts on which tax is determined under subparagraphs (A) and (B). ``(2) Net capital gain taken into account as investment income.--For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii).''. (b) Alternative Minimum Tax.--Paragraph (3) of section 55(b) of such Code is amended to read as follows: ``(3) Maximum rate of tax on net capital gain of noncorporate taxpayers.--The amount determined under the first sentence of paragraph (1)(A)(i) shall not exceed the sum of-- ``(A) the amount determined under such first sentence computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the net capital gain, ``(B) 7.5 percent of so much of the net capital gain (or, if less, taxable excess) as does not exceed the amount on which a tax is determined under section 1(h)(1)(B), and ``(C) 15 percent of the amount of taxable excess in excess of the sum of the amounts on which tax is determined under subparagraphs (A) and (B).''. (c) Conforming Amendments.-- (1) Paragraph (1) of section 1445(e) of such Code is amended by striking ``20 percent'' and inserting ``15 percent''. (2) The second sentence of section 7518(g)(6)(A) of such Code, and the second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, are each amended by striking ``20 percent'' and inserting ``15 percent''. (3) Section 311 of the Taxpayer Relief Act of 1997 is amended by striking subsection (e). (4) Paragraph (7) of section 57(a) of such Code (as amended by the Internal Revenue Service Restructuring and Reform Act of 1998) is amended by striking the last sentence. (5) Paragraphs (11) and (12) of section 1223, and section 1235(a), of such Code (as amended by the Internal Revenue Service Restructuring and Reform Act of 1998) are each amended by striking ``18 months'' each place it appears and inserting ``1 year''. (d) Transitional Rules For Taxable Years Which Include June 24, 1998.-- (1) In general.--Subsection (h) of section 1 of such Code (as amended by the Internal Revenue Service Restructuring and Reform Act of 1998) is amended by adding at the end the following new paragraph: ``(14) Special rules for taxable years which include june 24, 1998.--For purposes of applying this subsection in the case of a taxable year which includes June 24, 1998-- ``(A) Gains or losses properly taken into account for the period on or after such date shall be disregarded in applying paragraph (5)(A)(i), subclauses (I) and (II) of paragraph (5)(A)(ii), paragraph (5)(B), paragraph (6), and paragraph (7)(A). ``(B) The amount determined under subparagraph (B) of paragraph (1) shall be the sum of-- ``(i) 7.5 percent of the amount which would be determined under such subparagraph if the amount of gain taken into account under such subparagraph did not exceed the net capital gain taking into account only gain or loss properly taken into account for the portion of the taxable year on or after such date, plus ``(ii) 10 percent of the excess of the amount determined under such subparagraph (determined without regard to this paragraph) over the amount determined under clause (i). ``(C) The amount determined under subparagraph (C) of paragraph (1) shall be the sum of-- ``(i) 15 percent of the amount which would be determined under such subparagraph if the adjusted net capital gain did not exceed the net capital gain taking into account only gain or loss properly taken into account for the portion of the taxable year on or after such date, plus ``(ii) 20 percent of the excess of the amount determined under such subparagraph (determined without regard to this paragraph) over the amount determined under clause (i). ``(D) Rules similar to the rules of paragraph (13)(C) shall apply.''. (2) Alternative minimum tax.--Paragraph (3) of section 55(b) of such Code (as amended by the Internal Revenue Service Restructuring and Reform Act of 1998) is amended by adding at the end the following new sentence: ``For purposes of applying this paragraph for a taxable year which includes June 24, 1998, rules similar to the rules of section 1(h)(14) shall apply.''. (e) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning on or after June 24, 1998. (2) Transitional rules for taxable years which include june 24, 1998.--The amendments made by subsection (d) shall apply to taxable years beginning before such date and ending on or after June 24, 1998. (3) Withholding.--The amendment made by subsection (c)(1) shall apply only to amounts paid after the date of the enactment of this Act. (4) Certain conforming amendments.--The amendments made by subsection (c)(5) shall take effect on June 24, 1998.

Economic Growth Act of 1998 - Amends the Internal Revenue Code to reduce individual capital gains tax rates.

Economic Growth Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Savings Commission Act of 1997''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the Commission on Retirement Savings (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--The general purpose of the Commission shall be to make a comprehensive study of private pension and savings issues and to recommend policies to expand access to and encourage participation in retirement savings vehicles. (b) Issues To Address.--In preparation for making the specific policy recommendations described in subsection (c), the Commission shall conduct a full and complete study and review of-- (1) trends in coverage of American workers by workplace retirement plans; (2) trends in Americans' personal rates of saving; (3) the changing nature of workplace retirement plans, particularly the shift from defined benefit plans to defined contribution plans; (4) the workforce and demographic trends affecting the retirement savings of future retirees; (5) the increased prevalence in the workforce and the special retirement needs of-- (A) women; (B) part-time workers; and (C) temporary workers; (6) the amounts of retirement income that future retirees will need to replace various levels of preretirement income, including amounts necessary to pay for medical care and long- term care; (7) the various sources of retirement income available to individuals in the United States; (8) past legislative changes adopted by Congress which have acted as disincentives to the creation of workplace retirement plans and as disincentives to personal retirement savings; (9) the most efficient and effective manner, considering the needs of retirement plan sponsors for simplicity, reasonable cost, and appropriate incentives, of encouraging the adoption of workplace retirement plans by employers, particularly small businesses; (10) the amount and sources of Federal and private funds, including tax expenditures (as defined in section 3 of the Congressional Budget Act of 1974 (2 U.S.C. 622)), needed to finance both existing Federal incentives and programs designed to encourage and protect retirement savings and any new Federal incentives or programs that the Commission recommends be established; (11) the proper role of tax-deferred individual retirement savings vehicles (such as individual retirement accounts and annuities) in individual and national retirement planning; (12) the manner in which tax expenditures designed to encourage pension and retirement savings are scored for budget purposes, specifically how to reflect accurately that tax revenues on pension and retirement income are not lost to the Federal Government but instead are deferred until the time these funds are withdrawn; and (13) the role of retirement savings in the economy of the United States. (c) Recommendations.-- (1) In general.--The Commission shall formulate recommendations based on the study and review conducted under subsection (b). These recommendations shall include proposals that are designed to-- (A) expand workplace retirement plan coverage among American workers; (B) encourage the accumulation of adequate retirement income; (C) stimulate personal savings for retirement; (D) encourage workers with access to workplace retirement plans to participate in these plans; (E) ensure the security of benefits accumulated by workers who have participated in workplace retirement plans; (F) help low-wage workers, who often have the greatest difficulty saving for retirement, accumulate adequate retirement savings; and (G) simplify the regulatory requirements associated with administration of workplace retirement plans. (2) Unanimity required.--The recommendations of the Commission shall be adopted by unanimous vote of all 16 members. Policy proposals not supported by unanimous vote of all 16 members shall not be considered recommendations of the Commission and shall not be included in the report described in section 7. (3) No recommendations regarding social security.--While conducting the study and review outlined in subsection (b), the Commission may consider the role of Social Security retirement benefits as a source of retirement income. However, the Commission shall in no circumstances make recommendations regarding the Social Security program or reforms thereto. (4) Effect on federal budget deficit.--A recommendation of the Commission for a new Federal incentive or program that would result in an increase in the Federal budget deficit shall not appear in the report required under section 7 unless it is accompanied by a recommendation for offsetting the increase. (d) Definition.--For purposes of this section, the term ``workplace retirement plan'' means any financial vehicle referred to in section 219(g)(5) of the Internal Revenue Code of 1986. SEC. 4. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall consist of 16 members appointed not later than 90 days after the date of the enactment of this Act. (2) Appointments.--The Commission shall include-- (A) 4 individuals appointed by the President, 1 of whom the President shall appoint from the Congress to serve as co-chairperson of the Commission; (B) 4 individuals appointed by the Speaker of the House of Representatives, 1 of whom the Speaker shall appoint from the Congress to serve as co-chairperson of the Commission; (C) 4 individuals appointed by the majority leader of the Senate; (D) 2 individuals appointed by the minority leader of the House of Representatives; and (E) 2 individuals appointed by the minority leader of the Senate. (3) Qualifications.-- (A) The individuals referred to in paragraph (1) shall be Members of the Congress, leaders of business or labor, representatives of the plan sponsor and plan participant communities, distinguished academics, individuals with technical expertise in pension administration, or other individuals with distinctive qualifications or experience in retirement income policy. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall be filled not later than 30 days after the date of the creation of the vacancy in the manner in which the original appointment was made. (d) Compensation.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall serve without pay. (2) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--Ten members of the Commission shall constitute a quorum, but 6 members may hold hearings, take testimony, or receive evidence. (f) Meetings.--The Commission shall meet at the call of the co- chairpersons. (g) Decisions.--Decisions of the Commission, other than recommendations adopted pursuant to section 3, shall be made by consensus when possible, or otherwise according to the majority vote of those members who are present and voting at a meeting called pursuant to subsection (f). SEC. 5. STAFF AND SUPPORT SERVICES. (a) Recommendations Regarding Staff.--There shall be two co- directors of the staff of the Commission. Each co-chairperson of the Commission shall recommend an individual to serve as co-director of the staff of the Commission. Each co-chairperson shall also recommend such additional professional staff to serve under each co-director as are required to carry out the duties of the Commission. The 2 co-directors of the staff shall report to their respective co-chairperson and shall work cooperatively to manage the day-to-day operations and staff of the Commission. (b) Appointment of Staff.--Acting upon the recommendations of the co-chairpersons, the Commission shall appoint and fix the pay of the co-directors and any additional staff. (c) Applicability of Certain Civil Service Laws.--The co-directors and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates the Commission determines to be appropriate. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Commission to assist it in carrying out its duties under this Act. (f) 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. SEC. 6. POWERS. (a) Hearings and Sessions.-- (1) In general.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Public hearings.--The Commission may hold public hearings to receive the views of a broad spectrum of the public on the status of the private retirement system of the United States. (b) Delegation of Authority.--Any member, committee, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Information.-- (1) Information from federal agencies.-- (A) In general.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Commission, the head of the Federal agency shall furnish the information to the Commission. (B) Exception.--Subparagraph (A) shall not apply to any information that the Commission is prohibited to secure or request by another law. (2) Public surveys.--The Commission may conduct public surveys as necessary to enable it to carry out this Act. In conducting such surveys, the Commission shall not be considered an agency for purposes of chapter 35 of title 44, United States Code. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (e) Contract and Procurement Authority.--The Commission may make purchases, and may contract with and compensate government and private agencies or persons for property or services, without regard to-- (1) section 3709 of the Revised Statutes (41 U.S.C. 5); and (2) title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (f) Gifts.--The Commission may accept, use, and dispose of gifts of services or property, both real and personal, for the purpose of assisting the work of the Commission. Gifts of money and proceeds from sales of property received as gifts shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. For purposes of Federal income, estate, and gift taxes, property accepted under this subsection shall be considered as a gift to the United States. (g) Volunteer Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. SEC. 7. REPORT. The Commission shall submit a report to the President, the majority and minority leaders of the Senate, and the Speaker and minority leader of the House of Representatives. The report shall review the matters that the Commission is required to study under section 3, shall explain the Commission's analysis of these matters, and shall set forth the recommendations of the Commission. The Commission shall submit its report not later than 1 year and 90 days after the date of enactment of this Act. SEC. 8. TERMINATION. The Commission shall terminate not later than 30 days after the date on which the Commission submits its report under section 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $1,000,000 for fiscal year 1998. Sums appropriated under this section are authorized to remain available until expended.

Retirement Savings Commission Act of 1997 - Establishes the Retirement Savings Commission to study and report to the President and Congress on private pension and savings issues and to recommend policies to expand access to and encourage participation in retirement savings vehicles. Requires the Commission to address specified issues and to include in its recommendations measures addressing specified needs of future retirees. Authorizes appropriations.

Retirement Savings Commission Act of 1997

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Tax Revision Act of 2005''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Election to include combat pay as earned income for purposes of earned income credit. Sec. 3. Cover over of tax on distilled spirits. Sec. 4. Authority for undercover operations. Sec. 5. Disclosures of certain tax return information. Sec. 6. Deduction allowable with respect to income attributable to domestic production activities in Puerto Rico. Sec. 7. Federal guarantee of certain State bonds. Sec. 8. Certain tax relief related to Hurricanes Rita and Wilma. Sec. 9. Gulf Coast Recovery Bonds. SEC. 2. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR PURPOSES OF EARNED INCOME CREDIT. (a) In General.--Subclause (II) of section 32(c)(2)(B)(vi) is amended by striking ``January 1, 2006'' and inserting ``January 1, 2007''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2005. SEC. 3. COVER OVER OF TAX ON DISTILLED SPIRITS. (a) In General.--Paragraph (1) of section 7652(f) (relating to limitation on cover over of tax on distilled spirits) is amended by striking ``January 1, 2006'' and inserting ``January 1, 2007''. (b) Effective Date.--The amendment made by subsection (a) shall apply to articles brought into the United States after December 31, 2005. SEC. 4. AUTHORITY FOR UNDERCOVER OPERATIONS. Paragraph (6) of section 7608(c) (relating to application of section) is amended by striking ``January 1, 2006'' both places is appears and inserting ``January 1, 2007''. SEC. 5. DISCLOSURES OF CERTAIN TAX RETURN INFORMATION. (a) Disclosures to Facilitate Combined Employment Tax Reporting.-- (1) In general.--Subparagraph (B) of section 6103(d)(5) (relating to termination) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. (2) Effective date.--The amendment made by paragraph (1) shall apply to disclosures after December 31, 2005. (b) Disclosures Relating to Terrorist Activities.-- (1) In general.--Clause (iv) of section 6103(i)(3)(C) and subparagraph (E) of section 6103(i)(7) are each amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. (2) Effective date.--The amendments made by paragraph (1) shall apply to disclosures after December 31, 2005. (c) Disclosures Relating to Student Loans.-- (1) In general.--Subparagraph (D) of section 6103(l)(13) (relating to termination) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. (2) Effective date.--The amendment made by paragraph (1) shall apply to requests made after December 31, 2005. SEC. 6. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES IN PUERTO RICO. (a) In General.--Subsection (d) of section 199 (relating to definitions and special rules) is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Treatment of activities in puerto rico.--In the case of any taxpayer with gross receipts for any taxable year from sources within the Commonwealth of Puerto Rico, if all of such receipts are taxable under section 1 or 11 for such taxable year, then for purposes of determining the domestic production gross receipts of such taxpayer for such taxable year under subsection (c)(4), the term `United States' shall include the Commonwealth of Puerto Rico''. (b) Effective Date.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2005. SEC. 7. FEDERAL GUARANTEE OF CERTAIN STATE BONDS. (a) State Bonds Described.--This section shall apply to a bond issued as part of an issue if-- (1) the issue of which such bond is part is an issue of the State of Alabama, Louisiana, or Mississippi, (2) the bond is a general obligation of the issuing State and is in registered form, (3) the proceeds of the bond are distributed to one or more political subdivisions of the issuing State, (4) the maturity of such bond does not exceed 5 years, (5) the bond is issued after the date of the enactment of this Act and before January 1, 2008, and (6) the bond is designated by the Secretary of the Treasury for purposes of this section. (b) Application.-- (1) In general.--The Secretary of the Treasury may only designate a bond for purposes of this section pursuant to an application submitted to the Secretary by the State which demonstrates the need for such designation on the basis of the criteria specified in paragraph (2). (2) Criteria.--For purposes of paragraph (1), the criteria specified in this paragraph are-- (A) the loss of revenue base of one or more political subdivisions of the State by reason of Hurricane Katrina, (B) the need for resources to fund infrastructure within, or operating expenses of, any such political subdivision, (C) the lack of access of such political subdivision to capital, and (D) any other criteria as may be determined by the Secretary. (3) Guidance for submission and consideration of applications.--The Secretary of the Treasury shall prescribe regulations or other guidance which provide for the time and manner for the submission and consideration of applications under this subsection. (c) Federal Guarantee.--A bond described in subsection (a) is guaranteed by the United States in an amount equal to 50 percent of the outstanding principal with respect to such bond. (d) Aggregate Limit on Bond Designations.--The maximum aggregate face amount of bonds which may be issued under this section shall not exceed $3,000,000,000. SEC. 8. CERTAIN TAX RELIEF RELATED TO HURRICANES RITA AND WILMA. (a) Special Rule for Determining Earned Income.-- (1) In general.--In the case of a qualified individual, if the earned income of the taxpayer for the taxable year which includes the applicable date is less than the earned income of the taxpayer for the preceding taxable year, the credits allowed under sections 24(d) and 32 of the Internal Revenue Code of 1986 may, at the election of the taxpayer, be determined by substituting-- (A) such earned income for the preceding taxable year, for (B) such earned income for the taxable year which includes the applicable date. (2) Qualified individual.--For purposes of this subsection-- (A) In general.--The term ``qualified individual'' means any qualified Hurricane Rita individual and any qualified Hurricane Wilma individual. (B) Qualified hurricane rita individual.--The term ``qualified Hurricane Rita individual'' means any individual (other than a qualified Hurricane Katrina individual) whose principal place of abode on September 23, 2005, was located-- (i) in the Rita GO Zone, or (ii) in the Hurricane Rita disaster area (but outside the Rita GO Zone) and such individual was displaced from such principal place of abode by reason of Hurricane Rita. (C) Qualified hurricane wilma individual.--The term ``qualified Hurricane Wilma individual'' means any individual (other than a qualified Hurricane Katrina individual or a qualified Hurricane Rita individual) whose principal place of abode on October 23, 2005, was located-- (i) in the Wilma GO Zone, or (ii) in the Hurricane Wilma disaster area (but outside the Wilma GO Zone) and such individual was displaced from such principal place of abode by reason of Hurricane Wilma. (D) Qualified hurricane katrina individual.--The term ``qualified Hurricane Katrina individual'' has the meaning given such term by section 406 of the Katrina Emergency Tax Relief Act of 2005. (3) Applicable date.--For purposes of this subsection, the term ``applicable date'' means-- (A) in the case of a qualified Hurricane Rita individual, September 23, 2005, and (B) in the case of a qualified Hurricane Wilma individual, October 23, 2005. (4) Rita and wilma go zone; etc.--For purposes of this subsection-- (A) Rita go zone.--The term ``Rita GO Zone'' means that portion of the Hurricane Rita disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Rita. (B) Hurricane rita disaster area.--The term ``Hurricane Rita disaster area'' means an area with respect to which a major disaster has been declared by the President, before October 6, 2005, under section 401 of such Act by reason of Hurricane Rita. (C) Wilma go zone.--The term ``Wilma GO Zone'' means that portion of the Hurricane Wilma disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under such Act by reason of Hurricane Wilma. (D) Hurricane wilma disaster area.--The term ``Hurricane Wilma disaster area'' means an area with respect to which a major disaster has been declared by the President, before November 14, 2005, under section 401 of such Act by reason of Hurricane Wilma. (5) Earned income.--For purposes of this subsection, the term ``earned income'' has the meaning given such term under section 32(c) of the Internal Revenue Code of 1986. (6) Special rules.-- (A) Application to joint returns.--For purposes of paragraph (1), in the case of a joint return for a taxable year which includes the applicable date-- (i) such paragraph shall apply if either spouse is a qualified individual, and (ii) the earned income of the taxpayer for the preceding taxable year shall be the sum of the earned income of each spouse for such preceding taxable year. (B) Uniform application of election.--Any election made under paragraph (1) shall apply with respect to both section 24(d) and section 32 of the Internal Revenue Code of 1986. (C) Errors treated as mathematical error.--For purposes of section 6213 of the Internal Revenue Code of 1986, an incorrect use on a return of earned income pursuant to paragraph (1) shall be treated as a mathematical or clerical error. (D) No effect on determination of gross income, etc.--Except as otherwise provided in this subsection, the Internal Revenue Code of 1986 shall be applied without regard to any substitution under paragraph (1). (b) Secretarial Authority to Make Adjustments Regarding Taxpayer and Dependency Status.--With respect to taxable years beginning in 2005 or 2006, the Secretary of the Treasury may make such adjustments in the application of the internal revenue laws as may be necessary to ensure that taxpayers do not lose any deduction or credit or experience a change of filing status by reason of temporary relocations by reason of Hurricane Rita or Hurricane Wilma. Any adjustments made under the preceding sentence shall ensure that an individual is not taken into account by more than one taxpayer with respect to the same tax benefit. SEC. 9. GULF COAST RECOVERY BONDS. It is the sense of the Congress that the Secretary of the Treasury, or the Secretary's delegate, should designate one or more series of bonds or certificates (or any portion thereof) issued under section 3105 of title 31, United States Code, as ``Gulf Coast Recovery Bonds'' in response to Hurricanes Katrina, Rita, and Wilma.

Tax Revision Act of 2005 - Amends the Internal Revenue Code to extend through 2006 the: (1) election to include combat zone compensation as earned income for purposes of calculating the earned income tax credit; (2) increased cover over (payment) of distilled spirits excise tax to the Treasuries of Puerto Rico and the Virgin Islands; (3) authority for certain Internal Revenue Service (IRS) undercover investigative operations; and (4) authority to disclose tax return information for combined employment tax reporting, for combating terrorist activities, and for student loan repayments. Extends eligibility for the tax deduction for domestic production activities to such activities in Puerto Rico. Grants a limited federal guarantee of bonds issued by the states of Alabama, Louisiana, or Mississippi for Hurricane Katrina relief. Allows a taxpayer election to base eligibility for the earned income and child tax credit on earned income reported in a year preceding the year of Hurricanes Rita and Wilma. Authorizes the Secretary of the Treasury to adjust the application of tax laws to prevent taxpayers affected by Hurricanes Rita or Wilma from losing certain tax benefits. Expresses the sense of Congress that the Secretary should designate a series of bonds as Gulf Coast Recovery Bonds in response to Hurricanes Katrina, Rita, and Wilma.

To amend the Internal Revenue Code of 1986 to extend certain expiring provisions, to provide certain hurricane-related tax relief, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promotion and Expansion of Private Employee Ownership Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) on January 1, 1998--nearly 25 years after the Employee Retirement Income Security Act of 1974 was enacted and the employee stock ownership plan (hereafter in this section referred to as an ``ESOP'') was created--employees were first permitted to be owners of subchapter S corporations pursuant to the Small Business Job Protection Act of 1996 (Public Law 104- 188); (2) with the passage of the Taxpayer Relief Act of 1997 (Public Law 105-34), Congress designed incentives to encourage businesses to become ESOP-owned S corporations; (3) since that time, several thousand companies have become ESOP-owned S corporations, creating an ownership interest for several million Americans in companies in every State in the country, in industries ranging from heavy manufacturing to technology development to services; (4) while estimates show that 40 percent of working Americans have no formal retirement account at all, every United States worker who is an employee-owner of an S corporation company through an ESOP has a valuable qualified retirement savings account; (5) recent studies have shown that employees of ESOP-owned S corporations enjoy greater job stability than employees of comparable companies; (6) studies also show that employee-owners of S corporation ESOP companies have amassed meaningful retirement savings through their S ESOP accounts that will give them the means to retire with dignity; (7) under the Small Business Act (15 U.S.C. 631 et seq.) and the regulations promulgated by the Administrator of the Small Business Administration, a small business concern that was eligible under the Small Business Act for the numerous preferences of the Act is denied treatment as a small business concern after an ESOP acquires more than 49 percent of the business, even if the number of employees, the revenue of the small business concern, and the racial, gender, or other criteria used under the Act to determine whether the small business concern is eligible for benefits under the Act remain the same, solely because of the acquisition by the ESOP; and (8) it is the goal of Congress to both preserve and foster employee ownership of S corporations through ESOPs. SEC. 3. DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER STOCK TO EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY S CORPORATION. (a) In General.--Subparagraph (A) of section 1042(c)(1) of the Internal Revenue Code of 1986 (defining qualified securities) is amended by striking ``domestic C corporation'' and inserting ``domestic corporation''. (b) Effective Date.--The amendment made by subsection (a) shall apply to sales after the date of the enactment of this Act. SEC. 4. DEDUCTION FOR INTEREST ON LOAN TO FINANCE PURCHASE OF EMPLOYER SECURITIES BY AN EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY AN S CORPORATION. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 199 the following new section: ``SEC. 200. INTEREST ON CERTAIN LOANS FOR THE PURCHASE OF EMPLOYER SECURITIES BY AN EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY AN S CORPORATION. ``(a) In General.--There shall be allowed as a deduction an amount equal to 50 percent of the interest received during the taxable year by a bank (within the meaning of section 581) with respect to a qualified securities acquisition loan. ``(b) Qualified Securities Acquisition Loan.-- ``(1) In general.--For purposes of this section, the term `qualified securities acquisition loan' means-- ``(A) any loan to an employee stock ownership plan sponsored by an S corporation to the extent that the proceeds are used to acquire employer securities for the plan, and ``(B) any loan to an S corporation that sponsors an employee stock ownership plan to the extent that the proceeds of such loan are loaned to the employee stock ownership plan to acquire employer securities for the plan. For purposes of this paragraph, the term `employer securities' has the meaning given such term by section 409(l). ``(2) Terms applicable to certain qualified securities acquisition loans.--For purposes of paragraph (1)(B), the term `qualified securities acquisition loan' shall not include any loan to the S corporation unless the loan to the employee stock ownership plan has repayment terms which are substantially similar to the terms of the loan to the S corporation. ``(3) Treatment of refinancings.--The term `qualified securities acquisition loan' shall include any loan which is (or is part of a series of loans) used to refinance a loan described in paragraph (1) (after the application of paragraph (2)). ``(4) Plan must hold more than 50 percent of stock after acquisition or transfer.-- ``(A) In general.--A loan shall not be treated as a qualified securities acquisition loan for purposes of this section unless, immediately after an acquisition of employer securities referred to in paragraph (1), the employee stock ownership plan owns more than 50 percent of the outstanding stock of the S corporation. ``(B) Failure to retain minimum stock interest.-- ``(i) In general.--Subsection (a) shall not apply to any interest received with respect to a qualified securities acquisition loan which is allocable to any period during which the employee stock ownership plan does not own stock meeting the requirements of subparagraph (A). ``(ii) Exception.--To the extent provided by the Secretary, clause (i) shall not apply to any period if, within 90 days of the first date on which the failure occurred (or such longer period not in excess of 180 days as the Secretary may prescribe), the plan acquires stock which results in its meeting the requirements of subparagraph (A). ``(C) Stock.--For purposes of subparagraph (A), the Secretary may provide that warrants, options, contracts to acquire stock, convertible debt interests and other similar interests be treated as stock for 1 or more purposes under subparagraph (A). ``(c) Employee Stock Ownership Plan.--For purposes of this section, the term `employee stock ownership plan' has the meaning given to such term by section 4975(e)(7).''. (b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 199 the following new item: ``Sec. 200. Interest on certain loans for the purchase of employer securities by an employee stock ownership plan sponsored by an S corporation.''. (c) Effective Date.--The amendments made by this section shall apply to interest accrued on loans made after the date of the enactment of this Act. SEC. 5. DEPARTMENT OF TREASURY TECHNICAL ASSISTANCE OFFICE. (a) Establishment Required.--Before the end of the 90-day period beginning on the date of enactment of this Act, the Secretary of Treasury shall establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. (b) Duties of the Office.--The S Corporation Employee Ownership Assistance Office shall provide-- (1) education and outreach to inform companies and individuals about the possibilities and benefits of employee ownership of S corporations; and (2) technical assistance to assist S corporations in sponsoring employee stock ownership plans. SEC. 6. SMALL BUSINESS AND EMPLOYEE STOCK OWNERSHIP. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 45 as section 46; and (2) by inserting after section 44 the following: ``SEC. 45. EMPLOYEE STOCK OWNERSHIP PLANS. ``(a) Definitions.--In this section-- ``(1) the term `ESOP' means an employee stock ownership plan, as defined in section 4975(e)(7) of the Internal Revenue Code of 1986, as amended; and ``(2) the term `ESOP business concern' means a business concern that was a small business concern eligible for a loan or to participate in a contracting assistance or business development program under this Act before the date on which more than 49 percent of the business concern was acquired by an ESOP. ``(b) Continued Eligibility.--In determining whether an ESOP business concern qualifies as a small business concern for purposes of a loan, preference, or other program under this Act, each ESOP participant shall be treated as directly owning his or her proportionate share of the stock in the ESOP business concern owned by the ESOP.''. (b) Effective Date.--The amendments made by this section shall take effect on January 1 of the first calendar year beginning after the date of the enactment of this Act.

Promotion and Expansion of Private Employee Ownership Act of 2011 - Amends the Internal Revenue Code to: (1) extend to all domestic corporations, including S corporations, provisions allowing deferral of tax on gain from the sale of employer securities to an S corporation-sponsored employer stock ownership plan (ESOP); and (2) allow a tax deduction for 50% of the interest incurred on loans to S corporation-sponsored ESOPs for the purchase of employer securities. Directs the Secretary of the Treasury to establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. Amends the Small Business Act to define "ESOP business concern" and allow such a concern to continue to qualify for loans, preferences, and other programs under such Act.

To amend the Internal Revenue Code of 1986 and the Small Business Act to expand the availability of employee stock ownership plans in S corporations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Qods Force Terrorist Designation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On January 19, 1984, the Secretary of State determined that the Islamic Republic of Iran is a state sponsor of terrorism. (2) The Qods Force is the elite external operations branch of the Iran's Islamic Revolutionary Guard Corps and the Iranian regime's primary mechanism for cultivating and supporting terrorists abroad. (3) The Qods Force provides aid in the form of weapons, training, and funding to Hamas and other Palestinian terrorist groups, Lebanese Hizballah, Iraq-based militants, and Taliban fighters in Afghanistan. (4) The Qods Force is behind some of the deadliest terrorist attacks of the past three decades, including the 1983 and 1984 bombings of the United States Embassy and annex in Beirut, the 1983 bombing of the Marine barracks in Beirut, the 1992 bombing of the Israeli embassy in Buenos Aires, 1994 attack on the AMIA Jewish Community Center in Buenos Aires, and the 1996 Khobar Towers bombing in Saudi Arabia. (5) In 2007, President George W. Bush and General David Petraeus, the top U.S. commander in Iraq, accused Iran's Qods Force of aiding militias in killing American soldiers in Iraq. (6) In 2007, the U.S. Department of the Treasury designated the Qods Force for providing material support to the Taliban and other terrorist organizations. (7) On October 25, 2007, Iran's Islamic Revolutionary Guard Corps Qods Force was sanctioned under Executive Order 13382, for supporting proliferation of weapons of mass destruction. (8) Section 1258 of the National Defense Authorization Act for Fiscal Year 2008 expressed the sense of Congress that ``the United States should designate Iran's Islamic Revolutionary Guards Corps as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) and place the Islamic Revolutionary Guards Corps on the list of Specially Designated Global Terrorists, as established under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and initiated under Executive Order 13224 (September 23, 2001)''. (9) In the period following the June 2009 presidential election in Iran, the Qods Force was implicated in custodial deaths and the killings of election protesters and committed other acts of politically motivated violence, including torture, beatings, and rape. (10) On April 29, 2011, President Obama issued Executive Order 13572, Blocking Property of Certain Persons With Respect to Human Rights Abuses in Syria, including the Qods Force, for the repression of the people of Syria, manifested most recently by the use of violence and torture against, and arbitrary arrests and detentions of, peaceful protestors by police, security forces, and other entities that have engaged in human rights abuses, which constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. (11) On October 11, 2011, the U.S. Department of Justice announced that two members of Iran's Qods Force were charged in an alleged plot to assassinate the Saudi Arabian Ambassador to the Unites States. The criminal complaint against them included charges of conspiracy to murder a foreign official; conspiracy to engage in foreign travel and use of interstate and foreign commerce facilities in the commission of murder-for-hire; conspiracy to use a weapon of mass destruction (explosives); and conspiracy to commit an act of international terrorism transcending national boundaries. (12) On March 7, 2012, the U.S. Department of the Treasury designated Iran's Qods Force General Gholamreza Baghbani as a Specially Designated Narcotics Trafficker for the role that the Qods Force played in its scheme to support terrorism. (13) Iran's Qods Force stations operatives in foreign embassies, charities, and religious and cultural institutions to foster relationships, often building on existing socio- economic ties with the well-established Shia Diaspora, and recent years have witnessed an increased presence in Latin America. SEC. 3. DESIGNATION OF IRAN'S ISLAMIC REVOLUTIONARY GUARD CORPS QODS FORCE AS A FOREIGN TERRORIST ORGANIZATION. The Secretary of State shall designate Iran's Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). SEC. 4. REPORT. The Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on terrorist activities of Iran's Islamic Revolutionary Guard Corps Qods Force.

Qods Force Terrorist Designation Act - Directs the Secretary of State to: (1) designate Iran's Revolutionary Guard Corps Qods Force as a foreign terrorist organization, and (2) report to Congress on Qods Force terrorist activities.

Qods Force Terrorist Designation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Financial Accountability Act of 2009''. SEC. 2. AUDIT OF FINANCIAL STATEMENTS OF THE DEPARTMENT OF DEFENSE. (a) Financial Statements of Department of Defense.-- (1) Validation as ready for audit.--The financial statements of the Department of Defense for a fiscal year shall be validated as ready for audit by not later than September 30, 2017. (2) Audit.--The financial statements of the Department of Defense for a fiscal year shall be audited, and an opinion shall be rendered pursuant to such audit, for the first fiscal year for which the financial statements are ready for audit, but not later than fiscal year 2017, and for each fiscal year thereafter. (3) Deadline for audit.--The audit of the financial statements of the Department of Defense shall be completed as follows: (A) In the event the financial statements for a fiscal year before fiscal year 2017 are ready for audit, by not later than two years after the last day of such fiscal year. (B) In the case of the financial statement fiscal year 2017, by not later than September 30, 2019. (C) In the case of the financial statement for any fiscal year after fiscal year 2017, by not later than one year after the last day of such fiscal year. (b) Financial Statements of the Military Departments and DLA.--In furtherance of compliance with the requirements in subsection (a), the following requirements shall apply: (1) Department of the army.-- (A) Validation as ready for audit.--The financial statements of the Department of the Army for a fiscal year shall be validated as ready for audit by not later than March 31, 2017. (B) Audit.--The financial statements of the Department of the Army for a fiscal year shall be audited, and an opinion shall be rendered pursuant to such audit, for the first fiscal year for which the financial statements are ready for audit, but not later than fiscal year 2017, and for each fiscal year thereafter. (C) Deadline for audit.--The audit of the financial statements of the Department of Army shall be completed as follows: (i) In the event the financial statements for a fiscal year before fiscal year 2017 are ready for audit, by not later than two years after the last day of such fiscal year. (ii) In the case of the financial statement fiscal year 2017, by not later than September 30, 2019. (iii) In the case of the financial statement for any fiscal year after fiscal year 2017, by not later than one year after the last day of such fiscal year. (2) Department of the navy.-- (A) Validation as ready for audit.--The financial statements of the Department of the Navy for a fiscal year shall be validated as ready for audit by not later than March 31, 2016. (B) Audit.--The financial statements of the Department of the Navy for a fiscal year shall be audited, and an opinion shall be rendered pursuant to such audit, for the first fiscal year for which the financial statements are ready for audit, but not later than fiscal year 2016, and for each fiscal year thereafter. (C) Deadline for audit.--The audit of the financial statements of the Department of Navy shall be completed as follows: (i) In the event the financial statements for a fiscal year before fiscal year 2016 are ready for audit, by not later than two years after the last day of such fiscal year. (ii) In the case of the financial statement fiscal year 2016, by not later than September 30, 2018. (iii) In the case of the financial statement for any fiscal year after fiscal year 2016, by not later than one year after the last day of such fiscal year. (3) Department of the air force.-- (A) Validation as ready for audit.--The financial statements of the Department of the Air Force for a fiscal year shall be validated as ready for audit by not later than September 30, 2016. (B) Audit.--The financial statements of the Department of the Air Force for a fiscal year shall be audited, and an opinion shall be rendered pursuant to such audit, for the first fiscal year for which the financial statements are ready for audit, but not later than fiscal year 2016, and for each fiscal year thereafter. (C) Deadline for audit.--The audit of the financial statements of the Department of the Air Force shall be completed as follows: (i) In the event the financial statements for a fiscal year before fiscal year 2016 are ready for audit, by not later than two years after the last day of such fiscal year. (ii) In the case of the financial statement fiscal year 2016, by not later than September 30, 2018. (iii) In the case of the financial statement for any fiscal year after fiscal year 2016, by not later than one year after the last day of such fiscal year. (4) Defense logistics agency.-- (A) Validation as ready for audit.--The financial statements of the Defense Logistics Agency for a fiscal year shall be validated as ready for audit by not later than September 30, 2017. (B) Audit.--The financial statements of the Defense Logistics Agency for a fiscal year shall be audited, and an opinion shall be rendered pursuant to such audit, for the first fiscal year for which the financial statements are ready for audit, but not later than fiscal year 2017, and for each fiscal year thereafter. (C) Deadline for audit.--The audit of the financial statements of the Defense Logistics Agency shall be completed as follows: (i) In the event the financial statements for a fiscal year before fiscal year 2017 are ready for audit, by not later than two years after the last day of such fiscal year. (ii) In the case of the financial statement fiscal year 2017, by not later than September 30, 2019. (iii) In the case of the financial statement for any fiscal year after fiscal year 2017, by not later than one year after the last day of such fiscal year. (c) Validation as Ready for Audit of Financial Statements Regarding Particular Matters.--In furtherance of compliance with the requirements in subsections (a) and (b), the following requirements shall apply: (1) Military equipment.-- (A) Department of the army.--The financial statements of the Department of the Army with respect to military equipment shall be validated as ready for audit by not later than December 31, 2013. (B) Department of the navy.--The financial statements of the Department of the Navy with respect to military equipment shall be validated as ready for audit by not later than September 30, 2014. (C) Department of the air force.--The financial statements of the Department of the Air Force with respect to military equipment shall be validated as ready for audit by not later than March 31, 2016. (2) Real property.-- (A) Department of the army.--The financial statements of the Department of the Army with respect to real property shall be validated as ready for audit by not later than December 31, 2013. (B) Department of the navy.--The financial statements of the Department of the Navy with respect to real property shall be validated as ready for audit by not later than March 31, 2014. (C) Department of the air force.--The financial statements of the Department of the Air Force with respect to real property shall be validated as ready for audit by not later than September 30, 2014. (D) Defense logistics agency.--The financial statements of the Defense Logistics Agency with respect to real property shall be validated as ready for audit by not later than March 31, 2015. (3) Inventory.-- (A) Department of the army.--The financial statements of the Department of the Army with respect to inventory shall be validated as ready for audit by not later than March 31, 2017. (B) Department of the navy.--The financial statements of the Department of the Navy with respect to inventory shall be validated as ready for audit by not later than December 31, 2013. (C) Department of the air force.--The financial statements of the Department of the Air Force with respect to inventory shall be validated as ready for audit by not later than September 30, 2016. (D) Defense logistics agency.--The financial statements of the Defense Logistics Agency with respect to inventory shall be validated as ready for audit by not later than September 30, 2015. (4) Operating material and supplies.-- (A) Department of the army.--The financial statements of the Department of the Army with respect to operating material and supplies shall be validated as ready for audit by not later than March 31, 2017. (B) Department of the navy.--The financial statements of the Department of the Navy with respect to operating material and supplies shall be validated as ready for audit by not later than March 31, 2016. (C) Department of the air force.--The financial statements of the Department of the Air Force with respect to operating materials and supplies shall be validated as ready for audit by not later than September 30, 2016. (5) Environmental liabilities.-- (A) Department of the army.--The financial statements of the Department of the Army with respect to environmental liabilities shall be validated as ready for audit by not later than December 31, 2013. (B) Department of the navy.--The financial statements of the Department of the Navy with respect to environmental liabilities shall be validated as ready for audit by not later than March 31, 2010. (C) Department of the air force.--The financial statements of the Department of the Air Force with respect to environmental liabilities shall be validated as ready for audit by not later than December 31, 2011. (D) Defense logistics agency.--The financial statements of the Defense Logistics Agency with respect to environmental liabilities shall be validated as ready for audit by not later than September 30, 2017. (6) Fund balance with the treasury.-- (A) Department of the army.--The financial statements of the Department of the Army with respect to the fund balance with the Treasury shall be validated as ready for audit by not later than September 30, 2010. (B) Department of the navy.--The financial statements of the Department of the Navy with respect to the fund balance with the Treasury shall be validated as ready for audit by not later than December 31, 2010. (C) Department of the air force.--The financial statements of the Department of the Air Force with respect to the fund balance with the Treasury shall be validated as ready for audit by not later than December 31, 2011. (D) Defense logistics agency.--The financial statements of the Defense Logistics Agency with respect to the fund balance with the Treasury shall be validated as ready for audit by not later than September 30, 2011. (d) Performance of Audits and Validations.--Any audit or validation as ready for audit of a financial statement required under subsections (a) through (c) may be performed by an independent auditor qualified for the performance of such audit or validation, as the case may be. (e) Action if Compliance Not Achieved.-- (1) In general.--In the event the Department of Defense or a component of the Department of Defense is unable to achieve compliance with a requirement in subsection (a), (b), or (c) by the completion date for such requirement otherwise specified in the applicable provision of such subsection, the Secretary of Defense or the head of the component, as applicable, shall submit to the appropriate committees of Congress, not later than 30 days after the completion date otherwise so specified, a report setting forth the following: (A) A statement of the reasons why compliance with the requirement was not achieved by the completion date for the requirement. (B) A description of the actions to be taken to achieve compliance with the requirement. (C) A proposed completion date for achievement of compliance with the requirement. (2) Construction.--Nothing in this subsection shall be construed to waive any deadline for the completion of a requirement under subsections (a) through (c). (f) Semiannual Reports on Financial Improvement Audit Readiness Plan.-- (1) In general.--Not later than May 15 and November 15 each year, the Under Secretary of Defense (Comptroller) shall submit to the appropriate committees of Congress a report on progress under the financial improvement audit readiness (FIAR) plan during two calendar year quarters ending March 31 and September 30, respectively, of such year. (2) Elements.--Each report under paragraph (1) shall include, for the two calendar year quarters covered by such report, the following with respect to the portion of such report relating to priority segments: (A) A detailed description of any deficiencies identified during discovery. (B) A description of the actions to be taken to remedy any deficiency so identified. (C) A deadline for the completion of any actions set forth under subparagraph (B). (g) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives. (2) Validation.--The term ``validation'', with respect to the auditability of financial statements, means a determination following an examination engagement that the financial statements comply with generally accepted accounting principles and applicable laws and regulations and reflect reliable internal controls.

Department of Defense Financial Accountability Act of 2009 - Requires annual audits of the financial statements of the: (1) Department of Defense (DOD); (2) Department of the Army; (3) Department of the Navy; (4) Department of the Air Force; and (5) Defense Logistics Agency. Sets forth deadlines concerning the completion of such audits and the validation of such financial statements as ready for audit. Requires validation of the financial statements of the Departments of the Army, Navy, and Air Force and the Defense Logistics Agency as ready for audit by specified deadlines with respect to: (1) military equipment; (2) real property; (3) inventory; (4) operational material and supplies; (5) environmental liabilities; and (6) the fund balance with the Treasury. Provides for the submission of a report to specified congressional committees if DOD or a component of DOD is unable to achieve compliance with the completion date for a requirement under this Act. Requires semiannual reports to such committees on the financial improvement audit readiness (FIAR) plan.

A bill to provide for the audit of financial statements of the Department of Defense for fiscal year 2017 and fiscal years thereafter, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wastewater Treatment Works Security Act of 2003''. SEC. 2. WASTEWATER TREATMENT WORKS SECURITY. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following: ``SEC. 222. WASTEWATER TREATMENT WORKS SECURITY. ``(a) Definition of Vulnerability Assessment.-- ``(1) In general.--In this section, the term `vulnerability assessment' means an assessment of the vulnerability of a treatment works to an unlawful action intended-- ``(A) to substantially disrupt the ability of the treatment works to safely and reliably operate; or ``(B) to have a substantial adverse effect on critical infrastructure, public health or safety, or the environment. ``(2) Inclusions.--The term `vulnerability assessment' includes-- ``(A) a review of the vulnerabilities of the treatment works that identifies, with respect to the treatment works-- ``(i) facilities, systems, and devices used in the storage, treatment, recycling, or reclamation of municipal sewage or industrial wastes; ``(ii) intercepting sewers, outfall sewers, sewage collection systems, and other constructed conveyances; ``(iii) electronic, computer, and other automated systems; ``(iv) pumping, power, and other equipment; ``(v) use, storage, and handling of various chemicals; and ``(vi) operation and maintenance procedures; and ``(B) the identification of procedures, countermeasures, and equipment that a treatment works may implement or use to reduce the vulnerabilities of the treatment works identified in a review described in subparagraph (A). ``(b) Grants for Vulnerability Assessments and Security Enhancements.--The Administrator may provide grants to a State, municipality, or intermunicipal or interstate agency-- ``(1) to conduct a vulnerability assessment of a publicly owned treatment works; and ``(2) to implement security enhancements described in subsection (c)(1) and other security enhancements to reduce vulnerabilities identified in a vulnerability assessment. ``(c) Grants for Security Enhancements.-- ``(1) Preapproved security enhancements.--Except as provided in paragraph (3), on certification by an applicant that a vulnerability assessment has been completed for a treatment works, and that the security enhancement for which assistance is sought is for the purpose of reducing vulnerabilities of the treatment works identified in the vulnerability assessment, the Administrator may provide grants to the applicant under subsection (b)(2) for 1 or more of the uses described in paragraph (2). ``(2) Uses of grant funds.--The uses referred to in paragraph (1) are-- ``(A) the purchase and installation of equipment for materials and activities relating to access control, intrusion prevention and delay, and detection of intruders and hazardous or dangerous substances, including-- ``(i) barriers, fencing, and gates; ``(ii) security lighting and cameras; ``(iii) metal grates, wire mesh, and outfall entry barriers; ``(iv) securing of manhole covers and fill and vent pipes; ``(v) installation and rekeying of doors and locks; and ``(vi) smoke, chemical, and explosive mixture detection systems; ``(B) the conduct of an activity to improve the security for electronic, computer, or other automated systems and remote security systems, including-- ``(i) controlling access to those systems; ``(ii) intrusion detection and prevention; and ``(iii) system backup; ``(C) participation in a training program, and the purchase of training manuals and guidance material, relating to security; and ``(D) the conduct of security screening of employees or contractor support services. ``(3) Additional security enhancements.-- ``(A) Grants.--The Administrator may provide a grant under subsection (b) to an applicant for additional security enhancements not specified in paragraph (2). ``(B) Eligibility.--To be eligible for a grant under this subsection, an applicant shall-- ``(i) submit to the Administrator an application containing a description of the security enhancement; and ``(ii) obtain approval of the application by the Administrator. ``(4) Limitations.-- ``(A) Use of funds.--A grant provided under subsection (b) shall not be used for-- ``(i) payment of personnel costs; or ``(ii) operation or maintenance of facilities, equipment, or systems. ``(B) Disclosure of vulnerability assessment.--As a condition of applying for or receiving a grant under this subsection, the Administrator may not require an applicant to provide the Administrator with a copy of a vulnerability assessment. ``(d) Grant Amounts.-- ``(1) Federal share.--The Federal share of the cost of an activity funded by a grant under subsection (b) shall not exceed 75 percent, as determined by the Administrator. ``(2) Maximum amount.--The total amount of grants made under subsection (b) for any publicly owned treatment works shall not exceed $150,000, as determined by the Administrator. ``(e) Technical Assistance for Small Publicly Owned Treatment Works.-- ``(1) Definition of small publicly owned treatment works.-- In this subsection, the term `small publicly owned treatment works' means a publicly owned treatment works that services a population of fewer than 20,000 individuals. ``(2) Security assessment and planning assistance.-- ``(A) In general.--The Administrator, in coordination with the States, may provide technical guidance and assistance to small publicly owned treatment works for-- ``(i) the conduct of a vulnerability assessment; and ``(ii) the implementation of security enhancements to reduce vulnerabilities identified in a vulnerability assessment. ``(B) Inclusions.--Technical guidance and assistance provided under subparagraph (A) may include technical assistance programs, training, and preliminary engineering evaluations. ``(3) Participation by nonprofit organizations.--The Administrator may provide grants to nonprofit organizations to assist in accomplishing the purposes of this subsection. ``(f) Refinement of Vulnerability Assessment Methodology for Publicly Owned Treatment Works.-- ``(1) Grants.--The Administrator may provide to nonprofit organizations 1 or more grants to be used in improving vulnerability assessment methodologies and tools for publicly owned treatment works, including publicly owned treatment works that are part of a combined public wastewater treatment and water supply system. ``(2) Eligible activities.--A grant provided under this subsection may be used-- ``(A) to develop and distribute vulnerability self- assessment methodology software upgrades; ``(B) to improve and enhance critical technical and user support functions; ``(C) to expand libraries of information addressing threats and countermeasures; and ``(D) to implement user training initiatives. ``(3) Cost.--A service described in paragraph (2) that is funded by a grant under this subsection shall be provided at no cost to the recipients of the service. ``(g) Authorization of Appropriations.--There is authorized to be appropriated, to remain available until expended-- ``(1) $200,000,000 for use in making grants under subsection (b); ``(2) $15,000,000 for use in providing assistance under subsection (e); and ``(3) to carry out subsection (f), $1,000,000 for each of fiscal years 2003 through 2007.''. SEC. 3. RESEARCH AND REVIEW. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 2) is amended by adding at the end the following: ``SEC. 223. RESEARCH AND REVIEW. ``(a) Definitions.--In this section: ``(1) Covered treatment works.--The term `covered treatment works' has the meaning given the term `treatment works' in section 212. ``(2) Harmful intentional act.--The term `harmful intentional act' means a terrorist attack or other intentional act carried out with respect to a covered treatment works that is intended-- ``(A) to substantially disrupt the ability of the covered treatment works to provide safe and reliable-- ``(i) conveyance and treatment of wastewater; ``(ii) disposal of effluent; or ``(iii) storage of a potentially hazardous chemical used to treat wastewater; ``(B) to damage critical infrastructure; ``(C) to have an adverse effect on the environment; or ``(D) to otherwise pose a significant threat to public health or safety. ``(b) Review by Administrator.--Not later than 2 years after the date of enactment of this section, the Administrator, in coordination with appropriate Federal agencies, shall research and review (or enter into a contract or cooperative agreement to provide for research and review of)-- ``(1) means by which terrorists or other individuals or groups could carry out harmful intentional acts; and ``(2) means by which alternative processes of conveying, treating, and disposing of wastewater could be provided in the event of the destruction, impairment, or disruption of covered treatment works as the result of harmful intentional acts. ``(c) Means of Carrying Out Harmful Intentional Acts.--Means referred to in subsection (b)(1) include-- ``(1) means by which pipes and other constructed conveyances used in covered treatment works could be destroyed or otherwise prevented from providing adequate conveyance, pretreatment, treatment, and disposal of wastewater meeting applicable public health standards; ``(2) means by which conveyance, pretreatment, treatment, storage, and disposal facilities used by, or in connection with, covered treatment works could be destroyed or otherwise prevented from providing adequate treatment of wastewater meeting applicable public health standards; ``(3) means by which pipes, constructed conveyances, pretreatment, treatment, storage, and disposal systems that are used in connection with treatment works could be altered or affected so as to pose a threat to public health, public safety, or the environment; ``(4) means by which pipes, constructed conveyances, pretreatment, treatment, storage, and disposal systems that are used in connection with covered treatment works could be reasonably protected from harmful intentional acts; ``(5) means by which pipes, constructed conveyances, pretreatment, treatment, storage, and disposal systems could be reasonably secured from use as a means of transportation by terrorists or other individuals or groups who intend to threaten public health or safety; and ``(6) means by which information systems, including process controls and supervisory control, data acquisition, and cyber systems, at covered treatment works could be disrupted by terrorists or other individuals or groups. ``(d) Considerations.--In carrying out the review under this section, the Administrator-- ``(1) shall ensure that the review reflects the needs of covered treatment works of various sizes and various geographic areas of the United States; and ``(2) may consider the vulnerability of, or potential for forced interruption of service for, a region or service area, including the National Capital Area. ``(e) Information Sharing.--As soon as practicable after the review carried out under this section has been evaluated by the Administrator, the Administrator shall disseminate to covered treatment works information on the results of the review through the Information Sharing and Analysis Center or other appropriate means. ``(f) Funding.--There is authorized to be appropriated to carry out this section $15,000,000 for the period of fiscal years 2004 through 2008.''.

Wastewater Treatment Works Security Act of 2003 - Amends the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency (EPA) to make grants to a State, municipality, or intermunicipal or interstate agency to conduct a vulnerability assessment of a publicly owned treatment works and implement security enhancements for such facilities upon completion of the assessment. Authorizes the Administrator to: (1) provide technical guidance and assistance to small publicly owned treatment works (those serving a population of fewer than 20,000 persons) on conducting vulnerability assessments and implementing security enhancements; and (2) make grants to a nonprofit organization to improve vulnerability self-assessment methodologies and tools for publicly owned treatment works, including those that are part of a combined wastewater treatment and water supply system. Requires the Administrator to research and review means by which terrorists could carry out harmful intentional acts against these works and alternative processes for conveying, treating, and disposing of wastewater in the event of destruction or disruption. Authorizes appropriations for FY 2004 through 2008.

A bill to amend the Federal Water Pollution Control Act to enhance the security of wastewater treatment works.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Moving to Work Charter Program Act of 2006''. SEC. 2. MOVING TO WORK CHARTER PROGRAM AUTHORIZATION. (a) Purpose.--The purpose of this Act is-- (1) to give public housing agencies and the Secretary of Housing and Urban Development (in this Act referred to as the ``Secretary'') the flexibility to design and implement various approaches for providing and administering housing assistance that achieves greater cost effectiveness in using Federal housing assistance to address local housing needs for low- income families; (2) to reduce administrative burdens on public housing agencies providing such assistance; (3) to give incentives to assisted families to work and become economically self-sufficient; (4) to increase housing choices for low-income families; and (5) to enhance the ability of low-income elderly residents and persons with disabilities to live independently. (b) Moving to Work Charter Program Authority.-- (1) Contract authority.-- (A) In general.--Subject to the phase-in requirements under subparagraph (B), the Secretary shall enter into charter contracts, beginning in fiscal year 2007, with up to 250 public housing agencies administering the public housing program or the section 8 housing assistance program under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.). (B) Phase-in.--The phase-in requirements under this subparagraph are as follows: (i) By the end of fiscal year 2007, the Secretary shall have entered into charter contracts with at least 80 public housing agencies described in subparagraph (A). (ii) By the end of fiscal year 2008, the Secretary shall have entered into charter contracts with at least 160 public housing agencies described in subparagraph (A). (iii) By the end of fiscal year 2009, the Secretary shall have entered into charter contracts with at least 250 public housing agencies described in subparagraph (A). (2) Charter contracts.--A charter contract shall-- (A) supersede and have a term commensurate with any annual contributions contract between a public housing agency and the Secretary; and (B) provide that a participating public housing agency shall receive-- (i) capital and operating assistance allocated to such agency under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g); and (ii) assistance provided under section 8 United States Housing Act of 1937 (42 U.S.C. 1437f). (3) Use of assistance.--Any assistance provided under paragraph (2)(B)-- (A) may be combined; and (B) shall be used to provide locally designed housing assistance for low-income families, as such term is defined in section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)), including-- (i) services to facilitate the transition to work and self-sufficiency; and (ii) any other activity which a public housing agency is authorized to undertake pursuant to State or local law. (c) Terms and Conditions of Assistance.-- (1) Applicability of united states housing act of 1937.-- Except as provided in this section, the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) shall not be applicable to any public housing agency participating in the Moving to Work Charter program established under this section. (2) Applicable 1937 act provisions.--The following provisions of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) are applicable to any public housing agency participating in the Moving to Work Charter program established under this section: (A) Subsections (a) and (b) of section 12 (42 U.S.C. 1437j(a) and (b)) shall apply to housing assisted under a charter contract, other than housing assisted solely due to occupancy by families receiving tenant based rental assistance. (B) Section 18 (42 U.S.C. 1437p) shall continue to apply to public housing developed under such Act notwithstanding any use of the housing under a charter contract. (3) Charter contract terms.--A charter contract shall provide that a public housing agency-- (A) may-- (i) combine assistance received under sections 8 and 9 of the United States Housing Act of 1937 (42 U.S.C. 1437f and 1437g), as described in subsection (b)(3); and (ii) use such assistance to provide housing assistance and related services for activities authorized by this section, including those activities authorized by sections 8 and 9 of such Act; (B) certify that in preparing its application for participation in the Moving to Work Charter program established under this section, such agency has-- (i) provided for citizen participation through a public hearing and, if appropriate, other means; and (ii) taken into account comments from the public hearing and any other public comments on the proposed activities under this Act, including comments from current and prospective residents who would be affected by such contract; (C) shall ensure that at least 75 percent of the families assisted under a charter contract shall be, at the time of such families entry into the Moving to Work Charter program, very low-income families, as such term is defined in section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)); (D) shall establish a reasonable rent policy, which shall-- (i) be designed to encourage employment, self-sufficiency, and homeownership by participating families, consistent with the purpose of this Act; (ii) include transition and hardship provisions; (iii) be included in the annual plan of such agency; and (iv) be subject to the opportunities for public participation described in subsection (e)(1)(D); (E) shall continue to assist not less than substantially the same total number of low-income families as would have been served had such agency not entered into a such contract; (F) shall maintain a comparable mix of families (by family size) as would have been provided had the agency not entered into such contract; (G) shall ensure that housing assisted under such contract meets housing quality standards established or approved by the Secretary; (H) shall receive training and technical assistance, upon request by such agency, to assist with the design and implementation of the activities described under this Act; (I) shall receive an amount of assistance under sections 8 and 9 of the United States Housing Act of 1937 (42 U.S.C. 1437f and 1437g), that is not diminished by the participation of such agency in the Moving to Work Charter program established under this section; and (J) shall be subject to the procurement procedures described in such contract. (d) Selection.--In selecting among applications to participate in the Moving to Work Charter program established under this section, the Secretary shall consider-- (1) the potential of each agency to plan and carry out activities under such program; (2) the relative performance by an agency under section 6(j) of the United States Housing Act of 1937 (42 U.S.C. 1437d(j)); (3) the need for a diversity of participants in terms of size, location, and type of agency; and (4) any other appropriate factor as determined by the Secretary. (e) Charter Report.-- (1) Contents.-- (A) In general.--Notwithstanding any other provision of law, and in place of all other planning and reporting requirements otherwise required, each public housing agency that is a party to a charter contract shall submit to the Secretary, on an annual basis, a single charter report, in a form and at a time specified by the Secretary. (B) Sole means of reporting.--A charter report submitted under subparagraph (A) shall be the sole means by which a public housing agency shall be required to provide information to the Secretary on the activities assisted under this section during a fiscal year, unless the Secretary has reason to believe that such agency has violated the charter contract between the Secretary and such agency. (C) Requirements.--Each charter report required under subparagraph (A) shall-- (i) document the use by a public housing agency of any assistance provided under a charter contract, including appropriate financial statements; (ii) describe and analyze the effect of assisted activities in addressing the objectives of this section; (iii) include a certification by such agency that such agency has prepared an annual plan which-- (I) states the goals and objectives of that agency under the charter contract for the past fiscal year; (II) describes the proposed use of assistance by that agency for activities under the charter contract for the past fiscal year; (III) explains how the proposed activities of that agency will meet the goals and objectives of that agency; (IV) includes appropriate budget and financial statements of that agency; and (V) was prepared in accordance with a public process as described in subparagraph (D); (D) describe and document how a public housing agency has provided residents assisted under a charter contract and the wider community with opportunities to participate in the development of and comment on the annual plan, which shall include at least 1 public hearing; and (E) include such other information as may be required by the Secretary pursuant to subsection (f)(2). (2) Review.--Any charter report submitted pursuant to paragraph (1) shall be deemed approved unless the Secretary, not later than 45 days after the date of submission of such report, issues a written disapproval because-- (A) the Secretary reasonably determines, based on information contained in the report that a public housing agency is not in compliance with the provisions of this section or other applicable law; or (B) such report is inconsistent with other reliable information available to the Secretary. (f) Records and Audits.-- (1) Keeping of records.--Each public housing agency shall keep such records as the Secretary may prescribe as reasonably necessary-- (A) to disclose the amounts and the disposition of amounts under the Moving to Work Charter program established under this section; (B) to ensure compliance with the requirements of this section; and (C) to measure performance. (2) Access to documents by the secretary.-- (A) In general.--The Secretary shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to assistance in connection with, and the requirements of, this section. (B) Limitation.--Access by the Secretary described under subparagraph (A) shall be limited to information obtained solely through the annual charter report submitted by a public housing agency under subsection (e), unless the Secretary has reason to believe that such agency is not in compliance with the charter contract between the Secretary and such agency. (3) Access to documents by the comptroller general.--The Comptroller General of the United States, or any duly authorized representative of the Comptroller General, shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to assistance in connection with, and the requirements of the Moving to Work Charter program established under this section. (g) Procurement Preemption.-- (1) In general.--Any State or local law which imposes procedures or standards for procurement which conflict with or are more burdensome than applicable Federal procurement requirements shall not apply to any public housing agency under the Moving to Work Charter program established under this section. (2) Reduction of administrative burdens.--The Secretary may approve procurement procedures for public housing agencies participating in the Moving to Work Charter program established under this section that reduce administrative burdens of procurement requirements imposed by Federal law. (h) Subsequent Laws Preempted.--A public housing agency participating in the Moving to Work Charter program established under this section shall not be subject to any provision of law which conflicts with the provisions of this section and which is enacted subsequent to the date of execution of such agency's charter contract or Moving to Work program agreement, as described in subsection (i), unless such law expressly provides for such laws application to public housing agencies subject to this section. (i) Existing Agreements.--Notwithstanding anything in this section or any other provision of law, any public housing agency which has an existing Moving to Work program agreement with the Secretary pursuant to section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-281) and which is not in default thereof, may, at the option of such agency-- (1) continue to operate under the terms and conditions of such agreement notwithstanding any limitation on the terms contained in such contract; or (2) at any time, enter into a charter contract with the Secretary on terms and conditions which are not less favorable to the agency than such existing agreement. (j) Public Housing Agency Evaluation.-- (1) In general.--By the end of fiscal year 2007, the Secretary shall appoint a Federal advisory committee consisting of public housing agencies with charter contracts, public housing industry organizations, resident organizations, other public housing and section 8 voucher stakeholders, and experts on accreditation systems in similar fields, to assess and develop a demonstration program to test standards, criteria, and practices for a national public housing agency accreditation system or other evaluation system. (2) Report.--Not later than the end of fiscal year 2009, the committee established under paragraph (1) and the Secretary shall provide a report and recommendations to Congress with respect to the establishment of a national public housing agency accreditation system.

Moving to Work Charter Program Act of 2006 - Directs the Secretary of Housing and Urban Development to enter into charter contracts, beginning in FY2007, with up to 250 public housing agencies administering the public housing program or the section 8 housing assistance program under the United States Housing Act of 1937. States that such charter contracts shall: (1) supersede and have a term commensurate with any annual contributions contract between a public housing agency and the Secretary; and (2) provide that a participating public housing agency shall receive capital and operating assistance allocated to it under specified laws. Exempts charter contracts from the requirements of the United States Housing Act of 1937, except those for payment of wages prevailing in the community and the demolition and disposition of public housing. Requires a charter contract to provide that a public housing agency: (1) may combine section 8 low-income assistance and Public Housing Capital and Operating Fund assistance and use it for housing assistance and related services for activities under this Act; (2) shall ensure that at least 75% of the families assisted are very low-income families; (3) shall establish a reasonable rent policy designed to encourage employment, self-sufficiency, and home ownership by participating families; and (4) meet specified additional requirements. Directs the Secretary to appoint a federal advisory committee to assess and develop a demonstration program to test standards, criteria, and practices for a national public housing agency accreditation system or other evaluation system.

A bill to authorize the Moving to Work Charter program to enable public housing agencies to improve the effectiveness of Federal housing assistance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arapaho and Roosevelt National Forests Land Exchange Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) Certain National Forest System lands near Empire, Colorado, are needed by the city of Golden, Colorado, to facilitate the construction of a water pipeline to transport domestic water supplies into storage for the city and its residents. (2) Such National Forest System lands, comprising approximately 9.84 acres in total, are of limited utility for public administration or recreation and other use by virtue of their largely steep terrain, irregular boundary, and lack of easy public access. (3) The city of Golden owns, or has an option to purchase, several parcels of non-Federal land comprising a total of approximately 141 acres near Evergreen and Argentine Pass, Colorado, which it is willing to convey to the United States for addition to the Arapaho and Roosevelt National Forests. (4) The non-Federal lands owned or optioned by the city of Golden, if conveyed to the United States, will eliminate inholdings in the National Forest System, result in administrative cost savings to the United States by reducing costs of forest boundary administration, and provide the United States with environmental and public recreational use benefits (including enhanced Federal land ownership along the Continental Divide National Scenic Trail) that greatly exceed the benefits of the Federal land the United States will convey in exchange. (5) It is in the public interest to authorize, direct, expedite, and facilitate completion of a land exchange involving these Federal and non-Federal lands to assist the city of Golden in providing additional water to its residents and to acquire valuable non-Federal lands for permanent public use and enjoyment. SEC. 3. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NATIONAL FORESTS, COLORADO. (a) Conveyance by the City of Golden.-- (1) Lands described.--The land exchange directed by this section shall proceed if, within 30 days after the date of the enactment of this Act, the city of Golden, Colorado (in the section referred to as the ``City''), offers to convey title acceptable to the United States to the following non-Federal lands: (A) Certain lands located near the community of Evergreen in Park County, Colorado, comprising approximately 80 acres, as generally depicted on a map entitled ``Non-Federal Lands--Cub Creek Parcel'', dated June, 2003. (B) Certain lands located near Argentine Pass in Clear Creek and Summit Counties, Colorado, comprising approximately 55.909 acres in 14 patented mining claims, as generally depicted on a map entitled ``Argentine Pass/Continental Divide Trail Lands'', dated September 2003. (2) Conditions of conveyance.--The conveyance of lands under paragraph (1) to the United States shall be subject to the absolute right of the City to permanently enter upon, utilize, and occupy so much of the surface and subsurface of the lands as may be reasonably necessary to access, maintain, repair, modify, make improvements in, or otherwise utilize the Vidler Tunnel to the same extent that the City would have had such right if the lands had not been conveyed to the United States and remained in City ownership. The exercise of such right shall not require the City to secure any permit or other advance approval from the United States. Upon acquisition by the United States, such lands are hereby 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 l970 (30 U.S.C. 1001 et seq.). (b) Conveyance by United States.--Upon receipt of acceptable title to the non-Federal lands identified in subsection (a), the Secretary of Agriculture shall simultaneously convey to the City all right, title and interest of the United States in and to certain Federal lands, comprising approximately 9.84 acres, as generally depicted on a map entitled ``Empire Federal Lands--Parcel 12'', dated June 2003. (c) Equal Value Exchange.-- (1) Appraisal.--The values of the Federal lands identified in subsection (b) and the non-Federal lands 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 (December 20, 2000) and the Uniform Standards of Professional Appraisal Practice. Except as provided in paragraph (3), the conveyance of the non-Federal lands 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 lands 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-- (A) by reducing the acreage of the non-Federal lands identified in subsection (a) to be conveyed, as determined appropriate and acceptable by the Secretary and the City; (B) the making of 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.--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 lands identified in subsection (a)(1)(A), the Secretary shall prepare a statement of value for the non-Federal lands identified in subsection (a)(1)(B) and utilize such value to the extent necessary to equalize the values of the non-Federal lands identified in subsection (a)(1)(A) and the Federal land identified in subsection (b). If the Secretary declines to accept the non-Federal lands identified in subsection (a)(1)(B) for any reason, the City shall make a cash equalization payment to the Secretary as necessary to equalize the values of the non-Federal lands identified in subsection (a)(1)(A) and the Federal land identified in subsection (b). (d) Exchange Costs.--To expedite the land exchange under this section and save administrative costs to the United States, the City shall be required to pay for-- (1) any necessary land surveys; and (2) the costs of the appraisals, which shall be performed in accordance with Forest Service policy on approval of the appraiser and the issuance of appraisal instructions. (e) Timing and Interim Authorization.--It is the intent of Congress that the land exchange directed by this Act should be completed no later than 120 days after the date of the enactment of this Act. Pending completion of the land exchange, the City is authorized, effective on the date of the enactment of this Act, to construct a water pipeline on or near the existing course of the Lindstrom ditch through the Federal land identified in subsection (b) without further action or authorization by the Secretary, except that, prior to initiating any such construction, the City shall execute and convey to the Secretary a legal document that permanently holds the United States harmless for any and all liability arising from the construction of such water pipeline and indemnifies the United States against all costs arising from the United States' ownership of the Federal land, and any actions, operations or other acts of the City or its licensees, employees, or agents in constructing such water pipeline or engaging in other acts on the Federal land prior to its transfer to the City. Such encumbrance on the Federal land prior to conveyance shall not be considered for purposes of the appraisal. (f) Alternative Sale Authority.--If the land exchange is not completed for any reason, the Secretary is hereby authorized and directed to sell the Federal land identified in subsection (b) to the City at its final appraised value, as approved by the Secretary. Any money received by the United States in such sale shall be considered money received and deposited pursuant to Public Law 90-171 (16 U.S.C. 484(a); commonly known as the ``Sisk Act'', and may be used, without further appropriation, for the acquisition of lands for addition to the National Forest System in the State of Colorado. (g) Incorporation, Management, and Status of Acquired Lands.--Land acquired by the United States under the land exchange shall become part of the Arapaho and Roosevelt National Forests, and the exterior boundary of such forest is hereby modified, without further action by the Secretary, as necessary to incorporate the non-Federal lands identified in subsection (a) and an additional 40 acres as depicted on a map entitled ``Arapaho and Roosevelt National Forest Boundary Adjustment--Cub Creek'', dated June 2003. Upon their acquisition, lands or interests in land acquired under the authority of this Act shall be administered in accordance with the laws, rules and regulations generally applicable to the National Forest System. For purposes of Section 7 of the of the Land and Water Conservation Fund Act of l965 (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 such forest 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 or adjust the boundaries of the Federal lands to leave the United States with a manageable post- exchange or sale boundary. In the event of any discrepancy between a map, acreage estimate, or legal description, the map shall prevail unless the Secretary and the City agree otherwise. (i) Revocation of Orders and Withdrawal.--Any public orders withdrawing any of the Federal lands identified in subsection (b) from appropriation or disposal under the public land laws are hereby revoked to the extent necessary to permit disposal of the Federal lands. Upon the enactment of this Act, if not already withdrawn or segregated from the entry and appropriation under the public land laws, including the mining and mineral leasing laws and the Geothermal Steam Act of l970 (30 U.S.C. 1001 et seq.), the Federal lands are hereby withdrawn until the date of their conveyance to the City. Passed the House of Representatives November 4, 2003. Attest: JEFF TRANDAHL, Clerk.

Arapaho and Roosevelt National Forests Land Exchange Act of 2003 - Directs the Secretary of Agriculture to exchange certain lands in the Arapaho and Roosevelt National Forests, Colorado, with the City of Golden, Colorado, subject to the City's right to use necessary surface and subsurface land to maintain the Vidler Tunnel. States that if such land exchange is not completed the Secretary is authorized and directed to sell such Federal land to the City. Authorizes the City to construct a water pipeline on such Federal land upon enactment of this Act.

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 ``United Nations Population Fund Women's Health and Dignity Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Sexual and reproductive health problems account for an estimated 10 percent of the total global burden of disease and 32 percent of the burden among women of reproductive age. (2) More than four in 10 of the world's pregnant women still have no access to skilled care at childbirth. Every minute, a woman somewhere dies in pregnancy or childbirth-- 529,000 deaths a year. Ninety-five percent of maternal deaths occur in Africa and Asia while fewer that one percent occur in the more developed regions of the world. (3) A million or more children are left motherless each year as a result of maternal mortality. These children are three to 10 times more likely to die within two years than children who live with both parents. Almost half of infant deaths per year result from poor maternal health and inadequate delivery care. (4) Roughly 201 million women in low-income countries would use safe, effective contraceptive methods but such methods are not available to such women, including 25 percent of married women in sub-Saharan Africa. If these women had access to reliable family planning services, approximately 52 million unplanned pregnancies would be avoided in the developing world every year, resulting in 23 million unplanned births, 22 million induced abortions, 7 million spontaneous abortions, 1.4 million infant deaths, 142,000 pregnancy-related deaths, and 505,000 children from losing their mothers. (5) Each day 14,000 people are infected with HIV. One-half of all new HIV infections occur in women. In some places women are six times more likely to be infected than men. (6) Access to voluntary family planning services, including contraception, is essential in helping to reduce the number of unintended pregnancies and, consequently, the incidence of abortion. (7) In the process of helping women to achieve their childbearing goals, enormous amounts of government funds are saved. A study in Mexico found that for every peso the Mexican social security system spent on voluntary family planning services between 1972 and 1984, it saved nine pesos in expenses for treating complications of unsafe abortions and providing maternal and infant care. Every dollar invested in Thailand's voluntary family planning program saved the Thai Government more than $16. (8) The growing global population and its consumption patterns have profound consequences for the global environment, including species extinction, deforestation, desertification, climate change, and the destruction of natural ecosystems. These global environmental impacts pose a significant threat to the earth's sustainability and impact the quality of life of humans in all regions of the world. (9) Demographic factors have been found to be linked to an increased likelihood of the outbreak of civil conflict during the 1990s. Countries in which young adults comprised more than 40 percent of the adult population were more than twice as likely as countries with lower proportions of young adults to the overall adult population to experience an outbreak of civil conflict. (10) The United Nations Population Fund (UNFPA) was created in 1969 with the support and assistance of the United States Government. Today, UNFPA is the largest multilateral source of funding, expertise, and programs targeted at voluntary family planning, promotion of safe delivery, reduction of maternal and infant mortality, and assisting women with sexual and reproductive health needs during natural and man-made emergencies. UNFPA also actively works to stop the spread of HIV/AIDS and promote the rights, education, and livelihoods of women in developing countries. (11) UNFPA has family planning and reproductive health programs in approximately 140 countries. The United States Agency for International Development operates population programs in about 60 countries. (12) In 2006, 180 countries made financial contributions to the UNFPA, including every nation in Latin America, the Caribbean, and sub-Saharan Africa. This represents an increase from the 69 nations that made contributions in 1999. The United States is the only developed nation not to make a contribution to UNFPA, and the only nation to ever withhold contributions for any reason other than budgetary considerations. (13) United States funding has been withheld from UNFPA since January 2002, despite the fact that Congress has appropriated funds for UNFPA for every fiscal year since January 2002 and the Administration's own Independent Assessment Team of 2002 which found, ``[N]o evidence that UNFPA has knowingly supported or participated in the management of a program of coercive abortion or involuntary sterilization in the [People's Republic of China]. We therefore recommend that not more than $34,000,000 which has already been appropriated be released to UNFPA.''. (14) UNFPA's pilot programs of assistance in China are proving--as they were designed to--the advantages of voluntary, informed, consent-based family planning over a top-down administrative approach. In 32 countries that receive UNFPA assistance, maternal deaths have declined, births with skilled attendance have increased, knowledge of HIV/AIDS has risen, knowledge of more than three modern contraceptives has risen, knowledge of natural methods has increased, surgical contraception has dropped, abortion rates have dropped from 24 per 1,000 women to 10 per 1,000 women, home-based childbirths have fallen, and choice of contraception by clients has grown. (b) Sense of Congress.--It is the sense of Congress that the United States Government should resume annual contributions to UNFPA to facilitate the core mission of UNFPA to save and improve the lives of women, infants, and men and improve communities in foreign countries. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to provide financial and other support to the United Nations Population Fund to carry out activities to save women's lives, limit the incidence of abortion and maternal mortality associated with unsafe abortion, promote universal access to safe and reliable family planning, and assist women, children, and men in developing countries to live better lives. SEC. 4. AUTHORIZATION OF UNITED STATES VOLUNTARY CONTRIBUTION TO UNFPA. (a) Voluntary Contribution Authorized.--Notwithstanding any other provision of law, the President is authorized to make a voluntary contribution on a grant basis to the United Nations Population Fund (UNFPA), on such terms and conditions as the President may determine, to provide financial or other support to UNFPA to carry out the activities described in subsection (b). (b) Activities Described.--The activities described in this subsection are to-- (1) provide and distribute equipment, medicine, and supplies, and expertise, including safe delivery kits and hygiene kits, to ensure safe childbirth and emergency obstetric care; (2) make available supplies of contraceptives for the prevention of pregnancy and sexually-transmitted infections, including HIV/AIDS; (3) reduce the incidence of abortion and maternal mortality related to unsafe abortion; (4) reduce and eliminate coercive family planning practices, including coercive abortion and involuntary sterilization; (5) reduce and eliminate the incidence of sex selection; (6) prevent and treat cases of obstetric fistula; (7) promote abandonment of harmful traditional practices, including female genital cutting and child marriage; (8) reestablish maternal health services in areas where medical infrastructure and such services have been destroyed by natural disasters; and (9) promote the access of unaccompanied women and other vulnerable people to vital services, including access to water, sanitation facilities, food, and health care, in emergency situations. (c) Waiver.--The President is authorized to make a voluntary contribution on a grant basis to UNFPA to provide financial or other support to UNFPA to carry out activities to respond to a natural or man-made emergency if the President determines that such activities will save human life or prevent or alleviate human suffering. SEC. 5. REPORT TO CONGRESS. (a) Report Required.--The President shall transmit to the appropriate congressional committees on an annual basis for each of the fiscal years 2008 through 2012 a report on the implementation of this Act. (b) Matters To Be Included.--The report required by subsection (a) shall include a detailed analysis of the scope, success, and value of activities of the United Nations Population Fund, with particular emphasis on the number of lives saved, the number of abortions prevented, and success in meeting the goals of the Program of Action of the International Conference on Population and Development. (c) Definition.--In this section, the term ``appropriate congressional committees'' 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. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there are authorized to be appropriated to the President $50,000,000 for each of the fiscal years 2008 through 2012.

United Nations Population Fund Women's Health and Dignity Act - Authorizes the President to make a voluntary contribution on a grant basis to the United Nations Population Fund (UNFPA) to: (1) provide and distribute equipment, medicine, supplies, and expertise to ensure safe childbirth and emergency obstetric care; (2) make contraceptives available for the prevention of pregnancy and sexually-transmitted infections, including HIV/AIDS; (3) reduce abortion and related maternal mortality; (4) reduce and eliminate coercive family planning practices; (5) reduce and eliminate sex selection; (6) prevent and treat cases of obstetric fistula; (7) promote abandonment of harmful traditional practices, including female genital cutting and child marriage; (8) reestablish maternal health services in areas where medical infrastructure has been destroyed by natural disasters; and (9) promote the access of unaccompanied women and other vulnerable people to vital services, including access to water, sanitation facilities, food, and health care, in emergency situations.

To provide financial and other support to the United Nations Population Fund to carry out activities to save women's lives, limit the incidence of abortion and maternal mortality associated with unsafe abortion, promote universal access to safe and reliable family planning, and assist women, children, and men in developing countries to live better lives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Efficiently Act of 2012''. SEC. 2. SHORTER DEPRECIATION RECOVERY PERIODS FOR ENERGY EFFICIENT BUILDINGS. (a) 25-Year Recovery Period for Energy Efficient Nonresidential Real Property.-- (1) In general.--Section 168(e)(3) of the Internal Revenue Code of 1986 is amended by inserting after subparagraph (F) the following new subparagraph: ``(G) 25-year property.--The term `25-year property' means any qualified energy efficient nonresidential real property.''. (2) Qualified energy efficient nonresidential real property defined.--Subsection (i) of section 168 of such Code is amended by adding at the end the following: ``(20) Qualified energy efficient nonresidential real property.-- ``(A) In general.--The term `qualified energy efficient nonresidential real property' means a building which is nonresidential real property which is described in subparagraph (B), (C), or (D). ``(B) New or reconstructed building.--A building is described in this subparagraph if-- ``(i) the certification requirements of subparagraph (E) with respect to the building are met, ``(ii) the original use of the building commences with the taxpayer, and ``(iii) the building is placed in service after the date of the enactment of this paragraph. ``(C) Improvements to existing building.--A building is described in this subparagraph if, only after improvements are made to the building-- ``(i) the certification requirements of subparagraph (E) with respect to the building are met, ``(ii) the original use of the improved building commences with the taxpayer, ``(iii) the improved building is placed in service after the date of the enactment of this paragraph, and ``(iv) the taxpayer elects to the application of this paragraph with respect to the building. ``(D) Buildings acquired by purchase.--A building is described in this subparagraph if the building-- ``(i) is acquired by purchase from an unrelated person, ``(ii) meets the certification requirements of subparagraph (E), and ``(iii) is placed in service after the date of the enactment of this paragraph. ``(E) Certification requirements.--The requirements of this subparagraph are met if, with respect to a building, the building is certified in accordance with section 179D(d)(6) as being constructed, reconstructed, or modified, as the case may be, under a plan designed to reduce the total annual energy and power costs of the building by 40 percent or more in comparison to a reference building which meets the minimum requirements of Standard 90.1-2004 using methods of calculation under section 179D(d)(2). ``(F) Standard 90.1-2004.--The term `Standard 90.1- 2004' means Standard 90.1-2004 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North America (as in effect on July 30, 2012). ``(G) Related persons.--For purposes of subparagraph (D), a person is related to another person if-- ``(i) the persons are members of an affiliated group (as defined in section 1504), or ``(ii) the persons have a relationship described in subsection (b) of section 267; except that, for purposes of this clause, the phrase `80 percent or more' shall be substituted for the phrase `more than 50 percent' each place it appears in such subsection and rules similar to the rules of subsections (c) and (e) (other than paragraphs (4) and (5) thereof) shall apply. ``(H) Denial of double benefit.--If this section applies to a building by reason of subsection (e)(3)(G), the deduction under section 179D shall not be allowed.''. (b) 20-Year Recovery Period for Energy Efficient Residential Rental Property.-- (1) In general.--Subparagraph (F) of section 168(e)(3) of such Code (relating to 20-year property) is amended to read as follows: ``(F) 20-year property.--The term `20-year property' means-- ``(i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and ``(ii) any qualified energy efficient residential rental property.''. (2) Qualified energy efficient residential rental property defined.--Subsection (i) of section 168 of such Code, as amended by subsection (a), is amended by adding at the end the following: ``(21) Qualified energy efficient residential rental property.-- ``(A) In general.--The term `qualified energy efficient nonresidential real property' means a building which is residential rental property which is described in subparagraph (B), (C), or (D). ``(B) New or reconstructed building.--A building is described in this subparagraph if-- ``(i) the certification requirements of subparagraph (E) with respect to the building are met, ``(ii) the original use of which commences with the taxpayer, and ``(iii) the building is placed in service after the date of the enactment of this paragraph. ``(C) Improvements to existing building.--A building is described in this subparagraph if, only after improvements are made to the building-- ``(i) the certification requirements of subparagraph (E) with respect to the building are met, ``(ii) the original use of the improved building commences with the taxpayer, ``(iii) the improved building is placed in service after the date of the enactment of this paragraph, and ``(iv) the taxpayer elects to the application of this paragraph with respect to the building. ``(D) Buildings acquired by purchase.--A building is described in this subparagraph if the building-- ``(i) is acquired by purchase from an unrelated person, ``(ii) meets the certification requirements of subparagraph (E), and ``(iii) is placed in service after the date of the enactment of this paragraph. ``(E) Certification requirements.--The requirements of this subparagraph are met if, with respect to a building, the building is certified in accordance with section 179D(d)(6) as being constructed, reconstructed, or modified, as the case may be, under a plan designed to reduce the total annual energy and power costs of the building by 40 percent or more in comparison to a reference building which meets the minimum requirements of the International Energy Conservation Code 2004 using methods of calculation under section 179D(d)(2). ``(F) Related persons.--For purposes of subparagraph (D), a person is related to another person if-- ``(i) the persons are members of an affiliated group (as defined in section 1504), or ``(ii) the persons have a relationship described in subsection (b) of section 267; except that, for purposes of this clause, the phrase `80 percent or more' shall be substituted for the phrase `more than 50 percent' each place it appears in such subsection and rules similar to the rules of subsections (c) and (e) (other than paragraphs (4) and (5) thereof) shall apply. ``(G) Denial of double benefit.--If this section applies to a building by reason of subsection (e)(3)(F)(ii), the deduction under section 179D shall not be allowed.''. (c) Conforming Amendments.-- (1) The table contained in section 168(c) of such Code is amended by inserting after the item relating to 20-year property the following new item: ``25-year property................................. 25 years''. (2) The table contained in section 467(e)(3)(A) of such Code is amended-- (A) by inserting ``which is not 25-year property'' after ``nonresidential real property'', and (B) by inserting after the item relating to residential rental property and nonresidential real property the following new item: ``25-year property.................................19 years.''. (3) Clauses (iv), (v), and (ix) of section 168(e)(3)(E) of such Code are each amended by inserting ``(not described in subparagraph (G))'' after ``property''. (d) Requirement To Use Straight Line Method.--Paragraph (3) of section 168(b) of such Code (relating to property to which straight line method applies) is amended by redesignating subparagraphs (F), (G), (H), and (I) as subparagraphs (G), (H), (I), and (J), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) Property described in subsection (e)(3)(F)(ii) or subsection (e)(3)(G).''. (e) Alternative System.--The table contained in section 168(g)(3)(B) of such Code is amended by striking the item relating to subparagraph (F) and inserting the following new items: ``(F)(i)............................................... 25 (F)(ii)............................................... 20 (G)................................................... 25''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2012.

Building Efficiently Act of 2012 - Amends the Internal Revenue Code to establish, for depreciation purposes: (1) a 25-year recovery period for qualified energy efficient nonresidential real property, and (2) a 20-year recovery period for qualified energy efficient residential rental property.

To amend the Internal Revenue Code of 1986 to reduce the depreciation recovery periods for energy efficient commercial buildings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Downtown Equity Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that locating Federal facilities in central business areas-- (1) strengthens the economic base of cities, towns, and rural communities of the United States and makes them attractive places to live and work; (2) enhances livability by limiting sprawl and providing air quality and other environmental benefits; and (3) supports historic development patterns. (b) Purposes.--The purposes of this Act are-- (1) to ensure that Federal agencies recognize the implications of the location of Federal facilities on the character, environment, economic development patterns, and infrastructure of communities; (2) to ensure that the General Services Administration and other Federal agencies that make independent location decisions give first priority to locating Federal facilities in central business areas; (3) to encourage preservation of historic buildings and stabilization of historic areas; and (4) to direct the Administrator of General Services to study the feasibility of establishing a system for meaningful comparison of Federal facility procurement costs between central business areas and areas outside central business areas. SEC. 3. LOCATION OF FEDERAL FACILITIES. (a) In General.--The Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 22. LOCATION OF FEDERAL FACILITIES. ``(a) Priority for Central Business Areas.-- ``(1) In general.--Except as provided in paragraph (2) and as otherwise provided by law, in locating (including relocating) Federal facilities, the head of each Federal agency shall give first priority to central business areas. ``(2) Exception.--The priority required under paragraph (1) may be waived if location in a central business area-- ``(A) would materially compromise the mission of the agency; or ``(B) would not be economically prudent. ``(b) Implementation.-- ``(1) Actions by administrator.--The Administrator shall-- ``(A) promulgate such regulations as are necessary to implement the requirements of subsection (a) with respect to locating Federal facilities-- ``(i) in public buildings acquired under this Act; and ``(ii) in leased space acquired by the Administrator under section 210(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(h)); and ``(B) report annually to Congress-- ``(i) on compliance with subsection (a) by the Administrator in carrying out-- ``(I) public building location actions under this Act; and ``(II) lease procurement actions under section 210(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(h)); and ``(ii) on compliance with this section by Federal agencies-- ``(I) in acting under delegations of authority under this Act; and ``(II) in the case of lease procurement actions, in using leasing authority delegated under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). ``(2) Actions by federal agencies.--Each Federal agency shall-- ``(A) comply with the regulations promulgated by the Administrator under paragraph (1)(A); and ``(B) report annually to the Administrator concerning-- ``(i) the actions of the Federal agency in locating public buildings under this Act; and ``(ii) lease procurement actions taken by the Federal agency using leasing authority delegated under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).''. (b) Definitions.--Section 13 of the Public Buildings Act of 1959 (40 U.S.C. 612) is amended by adding at the end the following: ``(8) Central business area.--The term `central business area' means-- ``(A) the centralized business area of a community, as determined by local officials; and ``(B) any area adjacent and similar in character to a centralized business area of a community, including any specific area that may be determined by local officials to be such an adjacent and similar area. ``(9) Federal facility.--The term `Federal facility' means the site of a project to construct, alter, purchase, or acquire (including lease) a public building, or to lease office or any other type of space, under this Act or the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).''. SEC. 4. STUDY OF PROCUREMENT COST ASSESSMENT METHODS. (a) Definitions.--In this section, the terms ``central business area'' and ``Federal facility'' have the meanings given the terms in section 13 of the Public Buildings Act of 1959 (40 U.S.C. 612). (b) Study.--Not later than 2 years after the date of enactment of this Act, the Administrator of General Services shall conduct a study and report to Congress on the feasibility of establishing a system for-- (1) assessing and giving equal consideration to the absolute and adjusted comparable costs (as determined under paragraph (2)) of-- (A) locating Federal facilities in rural areas as compared to locating Federal facilities in urban areas; (B) locating Federal facilities in central business areas of rural areas as compared to locating Federal facilities in rural areas outside central business areas; and (C) locating Federal facilities in central business areas of urban areas as compared to locating Federal facilities in urban areas outside central business areas; (2) for the purposes of paragraph (1), adjusting the absolute comparable costs referred to in that paragraph to correct for the inherent differences in property values between rural areas and urban areas; and (3) assessing and giving consideration to the impacts on land use, air quality and other environmental factors, and to historic preservation, in the location of Federal facilities. (c) Authorization of Appropriations.--In addition to amounts made available under any other law, there is authorized to be appropriated to carry out this section $200,000 for each of fiscal years 2001 and 2002.

Directs the Administrator of General Services to study and report to Congress on the feasibility of establishing a system for: (1) assessing the costs of locating Federal facilities in rural areas as compared to urban areas, in central business areas of rural areas as compared to rural areas outside central business areas, and in central business areas of urban areas as compared to urban areas outside central business areas; (2) adjusting the absolute comparable costs to correct for the inherent differences in property values between rural areas and urban areas; and (3) assessing the impacts on land use, air quality and other environmental factors, and to historic preservation, in the location of Federal facilities. Authorizes appropriations for FY 2001 and 2002.

Downtown Equity Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mosquito Abatement for Safety and Health Act''. SEC. 2. GRANTS REGARDING PREVENTION OF MOSQUITO-BORNE DISEASES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 4 of Public Law 107-84 and section 312 of Public Law 107-188, is amended-- (1) by transferring section 317R so as to appear after section 317Q; and (2) by inserting after section 317R (as so transferred) the following: ``SEC. 317S. MOSQUITO-BORNE DISEASES; ASSESSMENT AND CONTROL GRANTS TO POLITICAL SUBDIVISIONS; COORDINATION GRANTS TO STATES. ``(a) Prevention and Control Grants to Political Subdivisions.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to political subdivisions of States for the operation of mosquito control programs to prevent and control mosquito-borne diseases (referred to in this section as `control programs'). ``(2) Preference in making grants.--In making grants under paragraph (1), the Secretary shall give preference to political subdivisions that-- ``(A) have an incidence or prevalence of mosquito- borne disease, or a population of infected mosquitoes, that is substantial relative to other political subdivisions; ``(B) demonstrate to the Secretary that the political subdivisions will, if appropriate to the mosquito circumstances involved, effectively coordinate the activities of the control programs with contiguous political subdivisions; and ``(C) demonstrate to the Secretary (directly or through State officials) that the State in which the political subdivision is located has identified or will identify geographic areas in the State that have a significant need for control programs and will effectively coordinate such programs in such areas. ``(3) Requirement of assessment and plan.--A grant may be made under paragraph (1) only if the political subdivision involved-- ``(A) has conducted an assessment to determine the immediate needs in such subdivision for a control program, including an entomological survey of potential mosquito breeding areas; and ``(B) has, on the basis of such assessment, developed a plan for carrying out such a program. ``(4) Requirement of matching funds.-- ``(A) In general.--With respect to the costs of a control program to be carried out under paragraph (1) by a political subdivision, a grant under such paragraph may be made only if the subdivision agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than \1/3\ of such costs ($1 for each $2 of Federal funds provided in the grant). ``(B) Determination of amount contributed.--Non- Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(C) Waiver.--The Secretary may waive the requirement established in subparagraph (A) if the Secretary determines that extraordinary economic conditions in the political subdivision involved justify the waiver. ``(5) Reports to secretary.--A grant may be made under paragraph (1) only if the political subdivision involved agrees that, promptly after the end of the fiscal year for which the grant is made, the subdivision will submit to the Secretary, and to the State within which the subdivision is located, a report that describes the control program and contains an evaluation of whether the program was effective. ``(6) Amount of grant; number of grants.--A grant under paragraph (1) for a fiscal year may not exceed $100,000. A political subdivision may not receive more than one grant under such paragraph. ``(b) Assessment Grants to Political Subdivisions.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to political subdivisions of States to conduct the assessments and to develop the plans that are required in paragraph (3) of subsection (a) as a condition of receiving a grant under paragraph (1) of such subsection. ``(2) Amount of grant; number of grants.--A grant under paragraph (1) for a fiscal year may not exceed $10,000. A political subdivision may not receive more than one grant under such paragraph. ``(c) Coordination Grants to States.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States for the purpose of coordinating control programs in the State. ``(2) Preference in making grants.--In making grants under paragraph (1), the Secretary shall give preference to States that have one or more political subdivisions with an incidence or prevalence of mosquito-borne disease, or a population of infected mosquitoes, that is substantial relative to political subdivisions in other States. ``(3) Certain requirements.--A grant may be made under paragraph (1) only if-- ``(A) the State involved has developed, or agrees to develop, a plan for coordinating control programs in the State, and the plan takes into account any assessments or plans described in subsection (a)(3) that have been conducted or developed, respectively, by political subdivisions in the State; ``(B) in developing such plan, the State consulted or will consult (as the case may be under subparagraph (A)) with political subdivisions in the State that are carrying out or planning to carry out control programs; and ``(C) the State agrees to monitor control programs in the State in order to ensure that the programs are carried out in accordance with such plan, with priority given to coordination of control programs in political subdivisions described in paragraph (2) that are contiguous. ``(4) Reports to secretary.--A grant may be made under paragraph (1) only if the State involved agrees that, promptly after the end of the fiscal year for which the grant is made, the State will submit to the Secretary a report that-- ``(A) describes the activities of the State under the grant; and ``(B) contains an evaluation of whether the control programs of political subdivisions in the State were effectively coordinated with each other, which evaluation takes into account any reports that the State received under subsection (a)(5) from such subdivisions. ``(5) Amount of grant; number of grants.--A grant under paragraph (1) for a fiscal year may not exceed $10,000. A State may not receive more than one grant under such paragraph. ``(d) Applications for Grants.--A grant may be made under subsection (a), (b), or (c) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(e) Technical Assistance.--The Secretary may provide training and technical assistance with respect to the planning, development, and operation of control programs under subsection (a) and assessments and plans under subsection (b). The Secretary may provide such technical assistance directly or through awards of grants or contracts to public and private entities. ``(f) Definitions.--For purposes of this section: ``(1) Control program.--The term `control program' has the meaning indicated for such term in subsection (a)(1). ``(2) Political subdivision.--The term `political subdivision' means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs. If State law recognizes an entity of general government that functions in lieu of, and is not within, a county, parish, or borough, the Secretary may recognize an area under the jurisdiction of such other entities of general government as a political subdivision for purposes of this Act. ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $100,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2007. In the case of control programs carried out in response to a mosquito-borne disease that constitutes a public health emergency, the authorization of appropriations under the preceding sentence is in addition to applicable authorizations of appropriations under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.''. SEC. 3. RESEARCH PROGRAM OF NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES. Subpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 463B. METHODS OF CONTROLLING CERTAIN INSECT POPULATIONS. ``The Director of the Institute shall conduct or support research to identify or develop methods of controlling the population of insects that transmit to humans diseases that have significant adverse health consequences.''. SEC. 4. SENSE OF THE SENATE CONCERNING THE WEST NILE VIRUS. It is the sense of the Senate that-- (1) the West Nile virus raises concerns about the safety of the nation's blood supply and every effort should be made to protect blood and blood products recipients from infection with the virus; (2) the Food and Drug Administration should comprehensively review its protocols and regulations for screening of blood and platelet donors and their donated specimens, and report to Congress on the ability of these protocols to protect the blood supply from West Nile virus; (3) on the basis of a review conducted as provided for in paragraph (2), the Commissioner of Food and Drugs should revise protocols and regulations to protect the blood supply and blood products supply from West Nile virus to the maximum extent possible; (4) the Commissioner of Food and Drugs should make recommendations on additional authorities that are needed to protect the blood supply and blood product supply from the West Nile virus; and (5) the Commissioner of Food and Drugs, keeping with procedures to maximize the protection of the public health, should expedite review of appropriate blood screening tests for the West Nile virus.

Mosquito Abatement for Safety and Health Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to make grants to political subdivisions of States ("localities") for the operation of mosquito control programs to prevent and control mosquito-borne diseases.Requires each locality receiving a grant for a control program to make available matching funds in an amount not less than 1/3 of the cost of the program, unless the Secretary waives the requirement due to extraordinary economic conditions in the locality.Permits the Secretary, acting through the Director, to make grants to localities for conducting assessments and plans for control programs, and to make grants to States for the purpose of coordinating control programs.Allows the Secretary to provide training and technical assistance to localities with respect to the planning, development, and operation of control programs and assessments and plans, either directly or through award of grants or contracts to public and private entities.Requires the Director of the National Institute of Environmental Health Sciences to conduct or support research into methods to control the population of insects that transmit dangerous diseases to humans.Expresses the sense of the Senate that the Food and Drug Administration should comprehensively review its protocols and regulations for screening of blood and platelet donors and their donated specimens and report on the ability of the protocols to protect the blood supply from West Nile virus. Directs the Commissioner of Food and Drugs to: (1) revise protocols and regulations to protect the blood supply and blood supply products from the West Nile virus to the maximum extent possible; and (2) expedite review of appropriate blood screening tests for the West Nile virus.

A bill to amend the Public Health Service Act to provide grants for the operation of mosquito control programs to prevent and control mosquito-borne diseases.

SECTION 1. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE COORDINATION COUNCIL. (a) Establishment.--There is established the National Foreign Language Coordination Council (in this section referred to as the ``Council''), which shall be an independent establishment as defined under section 104 of title 5, United States Code. (b) Membership.--The Council shall consist of the following members or their designees: (1) The National Language Director, who shall serve as the chairperson of the Council. (2) The Secretary of Education. (3) The Secretary of Defense. (4) The Secretary of State. (5) The Secretary of Homeland Security. (6) The Attorney General. (7) The Director of National Intelligence. (8) The Secretary of Labor. (9) The Director of the Office of Personnel Management. (10) The Director of the Office of Management and Budget. (11) The Secretary of Commerce. (12) The Secretary of Health and Human Services. (13) The Secretary of the Treasury. (14) The Secretary of Housing and Urban Development. (15) The Secretary of Agriculture. (16) The Chairman and President of the Export-Import Bank of the United States. (17) The heads of such other Federal agencies as the Council considers appropriate. (c) Responsibilities.-- (1) In general.--The Council shall be charged with-- (A) developing a national foreign language strategy, within 18 months of the date of enactment of this section, in consultation with-- (i) State and local government agencies; (ii) academic sector institutions; (iii) foreign language related interest groups; (iv) business associations; (v) industry; (vi) heritage associations; and (vii) other relevant stakeholders; (B) conducting a survey of the status of Federal agency foreign language and area expertise and agency needs for such expertise; and (C) monitoring the implementation of such strategy through-- (i) application of current and recently enacted laws; and (ii) the promulgation and enforcement of rules and regulations. (2) Strategy content.--The strategy developed under paragraph (1) shall include-- (A) identification of crucial priorities across all sectors; (B) identification and evaluation of Federal foreign language programs and activities, including-- (i) any duplicative or overlapping programs that may impede efficiency; (ii) recommendations on coordination; (iii) program enhancements; and (iv) allocation of resources so as to maximize use of resources; (C) needed national policies and corresponding legislative and regulatory actions in support of, and allocation of designated resources to, promising programs and initiatives at all levels (Federal, State, and local), especially in the less commonly taught languages that are seen as critical for national security and global competitiveness during the next 20 to 50 years; (D) effective ways to increase public awareness of the need for foreign language skills and career paths in all sectors that can employ those skills, with the objective of increasing support for foreign language study among-- (i) Federal, State, and local leaders; (ii) students; (iii) parents; (iv) elementary, secondary, and postsecondary educational institutions; and (v) employers; (E) recommendations for incentives for related educational programs, including foreign language teacher training; (F) coordination of cross-sector efforts, including public-private partnerships; (G) coordination initiatives to develop a strategic posture for language research and recommendations for funding for applied foreign language research into issues of national concern; (H) recommendations for assistance for-- (i) the development of foreign language achievement standards; and (ii) corresponding assessments for the elementary, secondary, and postsecondary education levels, including the National Assessment of Educational Progress in foreign languages; (I) recommendations for development of-- (i) language skill-level certification standards; (ii) frameworks for pre-service and professional development study for those who teach foreign language; and (iii) suggested graduation criteria for foreign language studies and appropriate non- language studies, such as-- (I) international business; (II) national security; (III) public administration; (IV) health care; (V) engineering; (VI) law; (VII) journalism; and (VIII) sciences; (J) identification of and means for replicating best practices at all levels and in all sectors, including best practices from the international community; and (K) recommendations for overcoming barriers in foreign language proficiency. (d) Submission of Strategy to President and Congress.--Not later than 18 months after the date of enactment of this section, the Council shall prepare and transmit to the President and the relevant committees of Congress the strategy required under subsection (c). (e) Meetings.--The Council may hold such meetings, and sit and act at such times and places, as the Council considers appropriate, but shall meet in formal session at least 2 times a year. State and local government agencies and other organizations (such as academic sector institutions, foreign language-related interest groups, business associations, industry, and heritage community organizations) shall be invited, as appropriate, to public meetings of the Council at least once a year. (f) Staff.-- (1) In general.--The Director may-- (A) appoint, without regard to the provisions of title 5, United States Code, governing the competitive service, such personnel as the Director considers necessary; and (B) compensate such personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title. (2) Detail of government employees.--Upon request of the Council, any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege (3) Experts and consultants.--With the approval of the Council, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Travel expenses.--Council members and staff shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. (5) Security clearance.-- (A) In general.--Subject to subparagraph (B), the appropriate Federal agencies or departments shall cooperate with the Council in expeditiously providing to the Council members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. (B) Exception.--No person shall be provided with access to classified information under this section without the appropriate required security clearance access. (6) Compensation.--The rate of pay for any employee of the Council (including the Director) may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (g) Powers.-- (1) Delegation.--Any member or employee of the Council may, if authorized by the Council, take any action that the Council is authorized to take in this section. (2) Information.-- (A) Council authority to secure.--The Council may secure directly from any Federal agency such information, consistent with Federal privacy laws, including The Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and Department of Education's General Education Provisions Act (20 U.S.C. 1232(h)), the Council considers necessary to carry out its responsibilities. (B) Requirement to furnish requested information.-- Upon request of the Director, the head of such agency shall furnish such information to the Council. (3) Donations.--The Council may accept, use, and dispose of gifts or donations of services or property. (4) Mail.--The Council may use the United States mail in the same manner and under the same conditions as other Federal agencies. (h) Conferences, Newsletter, and Website.--In carrying out this section, the Council-- (1) may arrange Federal, regional, State, and local conferences for the purpose of developing and coordinating effective programs and activities to improve foreign language education; (2) may publish a newsletter concerning Federal, State, and local programs that are effectively meeting the foreign language needs of the Nation; and (3) shall create and maintain a website containing information on the Council and its activities, best practices on language education, and other relevant information. (i) Reports.--Not later than 90 days after the date of enactment of this section, and annually thereafter, the Council shall prepare and transmit to the President and the relevant committees of Congress a report that describes-- (1) the activities of the Council; (2) the efforts of the Council to improve foreign language education and training; and (3) impediments to the use of a National Foreign Language program, including any statutory and regulatory restrictions. (j) Establishment of a National Language Director.-- (1) In general.--There is established a National Language Director who shall be appointed by the President. The National Language Director shall be a nationally recognized individual with credentials and abilities across the sectors to be involved with creating and implementing long-term solutions to achieving national foreign language and cultural competency. (2) Responsibilities.--The National Language Director shall-- (A) develop and monitor the implementation of a national foreign language strategy across all sectors; (B) establish formal relationships among the major stakeholders in meeting the needs of the Nation for improved capabilities in foreign languages and cultural understanding, including Federal, State, and local government agencies, academia, industry, labor, and heritage communities; and (C) coordinate and lead a public information campaign that raises awareness of public and private sector careers requiring foreign language skills and cultural understanding, with the objective of increasing interest in and support for the study of foreign languages among national leaders, the business community, local officials, parents, and individuals. (k) Encouragement of State Involvement.-- (1) State contact persons.--The Council shall consult with each State to provide for the designation by each State of an individual to serve as a State contact person for the purpose of receiving and disseminating information and communications received from the Council. (2) State interagency councils and lead agencies.--Each State is encouraged to establish a State interagency council on foreign language coordination or designate a lead agency for the State for the purpose of assuming primary responsibility for coordinating and interacting with the Council and State and local government agencies as necessary. (l) Authorization of Appropriations.--There are authorized to be appropriated such sums as necessary to carry out this section.

Establishes the National Foreign Language Coordination Council to develop and implement a national foreign language strategy. Includes heads of certain federal agencies as members of the Council. Establishes a National Language Director, to be appointed by the President, to: (1) chair the Council; (2) develop and oversee implementation of the strategy; (3) establish formal relationships among major stakeholders, including federal, state, and local government agencies, academia, industry, labor, and heritage communities; and (4) coordinate and lead a public information campaign. Requires the Council to consult with states to provide for designation of state contact persons. Encourages formation of state interagency councils, or designation of state lead agencies, to coordinate with the Council and state and local agencies.

To establish a National Foreign Language Coordination Council.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Land Consolidation Act Amendments of 2006''. SEC. 2. DEFINITIONS. Section 202 of the Indian Land Consolidation Act (25 U.S.C. 2201) is amended-- (1) in paragraph (4)-- (A) by inserting ``(i)'' after ``(4)''; (B) by striking ```trust or restricted interest in land' or'' and inserting the following: ``(ii) `trust or restricted interest in land' or''; and (C) in clause (ii) (as designated by subparagraph (B)), by striking ``an interest in land, title to which'' and inserting ``an interest in land, the title to which interest''; and (2) by striking paragraph (7) and inserting the following: ``(7) the term `land'-- ``(A) means any real property; and ``(B) includes, for purposes of intestate succession only under section 207(a) and only with respect to any decedent who dies after July 20, 2007, the interest of the decedent in any improvements permanently affixed to a parcel of trust or restricted lands (subject to any valid mortgage or other interest in such an improvement) that was owned in whole or in part by the decedent immediately prior to the death of the decedent;''. SEC. 3. DESCENT AND DISTRIBUTION. Section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) is amended-- (1) in subsection (a)(2)(D)-- (A) in clause (i), by striking ``clauses (ii) through (iv)'' and inserting ``clauses (ii) through (v)''; and (B) by striking clause (v) and inserting the following: ``(v) Effect of subparagraph.--Nothing in this subparagraph limits the right of any person to devise any trust or restricted interest pursuant to a valid will in accordance with subsection (b).''; (2) in subsection (c)(2), by striking ``the date that is'' and all that follows through the period at the end and inserting the following: ``July 21, 2007.''; and (3) in subsection (o)-- (A) in paragraph (3)-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and indenting the clauses appropriately; and (ii) by striking ``(3)'' and all that follows through ``No sale'' and inserting the following: ``(3) Request to purchase; consent requirements; multiple requests to purchase.-- ``(A) In general.--No sale''; and (iii) by striking the last sentence and inserting the following: ``(B) Multiple requests to purchase.--Except for interests purchased pursuant to paragraph (5), if the Secretary receives a request with respect to an interest from more than 1 eligible purchaser under paragraph (2), the Secretary shall sell the interest to the eligible purchaser that is selected by the applicable heir, devisee, or surviving spouse.''; (B) in paragraph (4)-- (i) in subparagraph (A), by adding ``and'' at the end; (ii) in subparagraph (B), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (C); and (C) in paragraph (5)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by striking ``auction and''; (II) in clause (i), by striking ``and'' at the end; (III) in clause (ii)-- (aa) by striking ``auction'' and inserting ``sale''; (bb) by striking ``the interest passing to such heir represents'' and inserting ``, at the time of death of the applicable decedent, the interest of the decedent in the land represented''; and (cc) by striking the period at the end and inserting ``; and''; and (IV) by adding at the end the following: ``(iii)(I) the Secretary is purchasing the interest as part of the program authorized under section 213(a)(1); or ``(II) after receiving a notice under paragraph (4)(B), the Indian tribe with jurisdiction over the interest is proposing to purchase the interest from an heir who is not a member, and is not eligible to become a member, of that Indian tribe.''; (ii) in subparagraph (B)-- (I) by striking ``(B)'' and all that follows through ``such heir'' and inserting the following: ``(B) Exception; nonapplicability to certain interests.-- ``(i) Exception.--Notwithstanding subparagraph (A), the consent of the heir or surviving spouse''; (II) in clause (i), by inserting ``or surviving spouse'' before ``was residing''; and (III) by adding at the end the following: ``(ii) Nonapplicability to certain interests.--Subparagraph (A) shall not apply to any interest in the estate of a decedent who dies on or before July 20, 2007 (or the last day of any applicable period of extension authorized by the Secretary under subparagraph (C)).''; and (iii) by adding at the end the following: ``(C) Authority to extend period of nonapplicability.--The Secretary may extend the period of nonapplicability under subparagraph (B)(ii) for not longer than 1 year if, by not later than July 2, 2007, the Secretary publishes in the Federal Register a notice of the extension.''. Passed the Senate September 30 (legislative day, September 29), 2006. Attest: EMILY J. REYNOLDS, Secretary.

Indian Land Consolidation Act Amendments of 2006 - Amends the Indian Land Consolidation Act (ILCA) to revise the meaning of land and improvements to specify that the term "permament improvement" to land subject to probate means only a decedent's interest in any improvement permanently affixed to a parcel of trust or restricted lands that was owned in whole or in part by the decedent immediately before his or her death. Revises requirements for the purchase option at probate. Requires the Secretary, in the case of multiple requests to purchase an interest in a decedent's land, to sell the interest to the eligible purchaser selected by the applicable heir, devisee, or surviving spouse. Repeals the requirement for sale of such an interest by public auction or sealed bid. Applies only to wills executed after July 20, 2007, the presumption of joint tenancy in the devise of trust or restricted interests in the same parcel of land to more than one person. Provides that the threshold for an involuntary purchase at probate (5% of the entire undivided ownership of a parcel of land) refers to the interest of the decedent in the parcel at the time of death, rather than the interest passing to the heir. States that the only eligible purchasers of an interest in an involuntary sale at probate are: (1) the Secretary under the fractional interest acquisition program; or (2) the Indian tribe, where the interest would otherwise be inherited by a nonmember. Applies these new requirements only to interests in the estates of decedents who die after July 20, 2007. Authorizes the Secretary to postpone such application date for an additional year.

A bill to amend the Indian Land Consolidation Act to modify certain requirements under that Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Watercraft Responsible Use Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) The growing popularity of recreational boating, including personal watercraft, has resulted in increased numbers of boaters competing for limited space, which leads to more boating accidents and a diminished experience for all users. (2) Personal watercraft are ``thrill craft'' that are operated differently from other motorized boats, are designed to be highly maneuverable at high speeds, and are capable of operating at high speeds in shallow areas that are typically inaccessible by other motorized boats. (3) Irresponsible operation of personal watercraft poses a safety risk for untrained operators and other recreational users, and damages valuable aquatic habitat in shallow waters. SEC. 3. PURPOSES AND POLICIES. The purposes and policies of this Act are the following: (1) To ensure the safe and responsible use of personal watercraft in the Nation's waterways. (2) To protect sensitive shallow water habitat that is important for many fish and wildlife species. (3) To reduce conflicts among recreational boaters by providing a forum for collaborative management efforts to develop innovative boating regulations for overcrowded waterways. (4) To provide Federal assistance to States to improve the enforcement of recreational boating laws. SEC. 4. DEFINITIONS. In this Act, the following definitions shall apply: (1) Terms defined in coastal zone management act of 1972.-- Each of the terms ``coastal state'', ``coastal waters'', and ``Secretary'' has the meaning given that term under section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). (2) Personal watercraft.--The term ``personal watercraft'' means a motor vessel that is capable of carrying one or more persons and-- (A) uses an inboard motor powering a water jet pump or a caged propeller as its primary source of motive power; and (B) is designed to be operated by a person standing on, kneeling on, sitting in, or sitting astride the vessel. (3) No-wake speed.--The term ``no-wake speed'' means the speed at which a personal watercraft moves through the water while maintaining minimum headway and producing the smallest wake possible. SEC. 5. ENFORCEABLE POLICIES IN THE COASTAL ZONE. (a) Withholding of Assistance.-- (1) In general.--The Secretary shall withhold up to 10 percent of a coastal state's assistance in each fiscal year under sections 306 and 309 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455 and 1456b), unless the coastal state implements enforceable policies and other provisions required under this section regarding the operation of personal watercraft in coastal waters of the State. (2) Application.--Paragraph (1) shall apply after the expiration of the 2-year period beginning on the date of the enactment of this Act. (b) Enforceable Policies.--Enforceable policies required under this section shall prohibit a person from operating a personal watercraft in excess of no-wake speed in any of the following areas or manner: (1) In any area designated as a sensitive area in the management program of the coastal state under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). (2) In waters closer than 200 feet from the shoreline. (3) In a designated right-of-way or navigation channel. (4) In a manner that injures, harasses, or disturbs wading, roosting, or nesting birds or marine mammals. (c) Designation of Sensitive Areas.-- (1) Designation by state.--In addition to the enforceable policies required under subsection (b), the management program of a coastal state shall include provisions that designate sensitive areas of the coastal state for purposes of subsection (b)(1) in accordance with the criteria issued under paragraph (2) of this subsection. (2) Criteria for designation.--The Secretary shall issue criteria for designating sensitive areas under paragraph (1). The criteria shall include a consideration of the following: (A) The presence of unique or valuable aquatic habitat and communities. (B) The presence of aquatic vegetation, nesting birds, shellfish beds, or marine mammals. (C) The importance of an area for other recreational and commercial users. (d) Compliance.--A coastal state that has a program that is otherwise approved by the Secretary in accordance with section 306(d) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(d)) may comply with subsection (a) of this section by amending or modifying the program (in accordance with section 306(e) of that Act) to add enforceable policies and other provisions required by that subsection. (e) Use of Grants.--A State may use any amount received by the State as assistance under section 306 or 309 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455, 1456b) to develop and implement enforceable policies and provisions required under this section. (f) Regulations.--The Secretary, in consultation with the Secretary of Transportation, shall issue regulations implementing this section before the expiration of the 1-year period beginning on the date of the enactment of this Act. SEC. 6. PERSONAL WATERCRAFT SAFETY PROGRAM. (a) National Personal Watercraft Guidelines.--Within one year after the date of enactment of this Act, the Secretary of Transportation shall establish guidelines and standards for the operation of personal watercraft, consistent with the enforceable policies required under section 5(b), in the national recreational boating safety program carried out under section 13101 of title 46, United States Code. The guidelines and standards shall include-- (1) mandatory State registration of personal watercraft; (2) a minimum age for a personal watercraft operator of at least 16 years of age, unless the operator is accompanied on the vessel by a passenger who has attained an age greater than 16 years and who has completed the mandatory training program required under paragraph (3); and (3) a requirement that all operators of personal watercraft (including any operator of a rented vessel) must complete a training program that includes safety and conservation components. (b) Implementation Funds.--A State may use funds received by the State under section 13106 of title 46, United States Code, to develop and implement regulations to improve personal watercraft user safety, reduce conflicts among personal watercraft operators and other boaters, and minimize environmental damage. SEC. 7. LAW ENFORCEMENT GRANTS. (a) In General.--The Secretary of Transportation, subject to the availability of appropriations, may make grants to States to enforce recreational boating laws and regulations, including purchasing necessary equipment and hiring law enforcement personal. A State is eligible for assistance under this subsection if the State has-- (1) implemented a recreational boating safety program that incorporates the national guidelines and standards for personal watercraft established under section 6(a); and (2) adopted the enforceable policies described in section 5(b), if the State is a coastal state. (b) Allocation.-- (1) In general.--Of the total amount available each fiscal year for grants under this section, the Secretary shall allocate to each State an amount that bears the same ratio to such total amount as the number of recreational vessels registered in that State bears to the total number of recreational vessels registered in all States. (2) Limitation on grants to a state.--The total amount awarded to a State each fiscal year as grants under this section may not exceed the allocation to the State under paragraph (1) for the fiscal year. (c) Required Match.--As a condition of providing a grant under this section to a State, the Secretary shall require the State to provide matching funds according to a 1-to-1 ratio of Federal-to-State contributions. All State matching funds must be from non-Federal sources. The State contribution may be made in the form of in-kind contribution of goods or services. SEC. 8. TASK FORCE DEVELOPMENT GRANTS. (a) In General.--The Secretary of Transportation, subject to the availability of appropriations, may make grants to States to support the activities of collaborative task forces to minimize conflicts between personal watercraft and other recreational and commercial users. Task forces that receive assistance from the Secretary of Transportation under this section shall-- (1) be organized geographically to minimize user conflicts in a watershed or basin; and (2) consist of members that represent personal watercraft recreational users, State boating law administrators, State conservation agencies, other Federal, State, and local agencies with a demonstrated interest in minimizing user conflicts, property owners, and other interested persons. (b) Allocation.--The Secretary shall award task force development grants on a competitive basis. No State may receive more than 25 percent of the total amount appropriated for a fiscal year for assistance under this subsection. (c) Regulations.--The Secretary of Transportation may issue regulations and requirements for the task force development grant program under this section. (d) Required Match.--As a condition of providing a grant under this section to a State, the Secretary shall require the State to provide matching funds according to a 1-to-1 ratio of Federal-to-State contributions. All State matching funds must be from non-Federal sources. The State contribution may be made in the form of in-kind contribution of goods or services. (e) Obligation.--Amounts provided as a grant under this section shall be available to the grantee for obligation for 2 years, after which any unobligated amount shall revert to the Secretary of Transportation and remain available for grants under this section for subsequent fiscal years. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Law Enforcement Grants.--For law enforcement grants under section 7, there are authorized to be appropriated to the Secretary of Transportation $25,000,000 for each of fiscal years 2001, 2002, and 2003. (b) Task Force Development Grants.--For task force development grants under section 8, there are authorized to be appropriated to the Secretary of Transportation $2,500,000 for each of fiscal years 2001, 2002, and 2003. SEC. 10. STATE AUTHORITY PRESERVED. Nothing in this Act limits the authority of a State to establish limitations or requirements for the operation of personal watercraft, that are more restrictive than the enforceable policies and other provisions required by this Act.

Directs the Secretary of Transportation to establish certain guidelines and standards for the operation of personal watercraft, consistent with the enforceable policies, in the national boating safety program. Authorizes the Secretary of Transportation, subject to the availability of appropriations, to make recreational boating law enforcement grants to States that have: (1) implemented a recreational boating safety program incorporating the national guidelines and standards for personal watercraft; and (2) adopted the enforceable policies under this Act, if the State is a coastal State. Requires States, as a condition of receiving a grant, to provide matching funds on a one-to-one basis of Federal-to-State contributions. Authorizes the Secretary of Transportation, subject to the availability of appropriations, to make grants to States to support the activities of collaborative task forces to minimize conflicts between personal watercraft and other recreational and commercial users. Requires the Secretary of Transportation to award task force development grants on a competitive basis, with no State receiving more than 25 percent of the total amount appropriated for a fiscal year. Sets forth similar matching fund requirements. Authorizes appropriations.

Personal Watercraft Responsible Use Act of 1999

SECTION 1. GENERAL ACCOUNTING OFFICE TECHNOLOGY ASSESSMENTS. (a) Findings and Purposes.-- (1) Findings.--Congress finds that-- (A) it is important for Congress to be better informed regarding the impact of technology on matters of public concern, including implications for economic, national security, social, scientific, and other national policies and programs; (B) on a pilot basis, the General Accounting Office has demonstrated a capacity to perform independent and objective technology assessments for Congress; and (C) the development of a cost-effective and efficient capacity for timely and deliberate technology assessments by the General Accounting Office requires the commitment of additional resources and administrative flexibility given the current resource constraints of the General Accounting Office. (2) Purposes.--The purposes of this Act are to-- (A) direct the establishment of a technology assessment capability in the General Accounting Office; (B) ensure the quality of such technology assessments in order to enhance the ability of Congress to address complex technical issues in a more timely and effective manner; and (C) condition the development of a technology assessment capability in the General Accounting Office on the provision of adequate additional resources and administrative flexibility. (b) Technology Assessments.--Chapter 7 of title 31, United States Code, is amended by inserting after section 720 the following: ``Sec. 721. Technology assessments ``(a) The General Accounting Office shall establish a technology assessment capability to coordinate and prepare information for Congress relating to the policy implications of applications of technology. ``(b) The Comptroller General may establish standards and procedures to govern technology assessments performed under this section as the Comptroller General determines necessary. ``(c) Technology assessments performed under this section shall-- ``(1) provide Congress with timely and objective information to contribute to legislative consideration of technology applications and their policy implications, including thorough reports, in-depth studies, and short-term consultations; ``(2) be undertaken by the Comptroller General with special attention to the technical expertise and policy analysis skills needed to perform a prospective assessment of technology applications and policy implications; ``(3) be designed, to the extent practicable, to review an application of technology to an issue of public interest, including consideration of benefits, cost, and risks from such technology; and ``(4) include peer review by persons and organizations of appropriate expertise. ``(d) In performing technology assessments, the Comptroller General shall be properly apprised of Federal and non-Federal entities providing information to Congress to-- ``(1) enable effective coverage of critical issues; and ``(2) avoid duplication of effort. ``(e) Technology assessments performed under this section may be initiated as provided under section 717(b). ``(f)(1) In consultation with the National Academy of Sciences, the Comptroller General shall establish a technology assessment advisory panel to provide advice on technology assessments performed under this section, methodologies, possible subjects of study, and the means of improving the quality and timeliness of technology assessment services provided to Congress. ``(2) The advisory panel shall consist of 5 members, who by reason of professional background and experience, are specially qualified to advise on technology assessments. ``(3) Terms on the advisory panel shall-- ``(A) be for a period of 2 years; and ``(B) begin on January 1, on each year in which a new Congress is convened. ``(4) Notwithstanding section 1342, for the purposes of establishing a technology assessment advisory panel, the Comptroller General may accept and use voluntary and uncompensated services (except for reimbursement of travel expenses). Individuals providing such voluntary and uncompensated services shall not be considered Federal employees, except for purposes of chapter 81 of title 5 and chapter 171 of title 28. ``(g)(1) In order to gain access to technical knowledge, skills, and expertise necessary for a technology assessment performed under this section, the Comptroller General may utilize individuals and enter into contracts or other arrangements to acquire needed expertise with any agency or instrumentality of the United States, with any State, territory, or possession or any political subdivision thereof, or with any person, firm, association, corporation, or educational institution. ``(2) Contracts and other arrangements under this subsection may be entered into-- ``(A) with or without reimbursement; and ``(B) without regard to section 3709 of the Revised Statutes (41 U.S.C. 5) or section 3324 of this title. ``(h) The Comptroller General shall submit to Congress an annual report on technology assessment activities of the General Accounting Office. ``(i)(1) There are authorized to be appropriated to the General Accounting Office to carry out the activities described in this section, $2,000,000 for each of fiscal years 2004, 2005, and 2006. ``(2) Technology assessments under this section may not be performed during fiscal years 2004, 2005, and 2006, unless a sufficient annual appropriation is provided for such fiscal years.''. (c) Technical and Conforming Amendment.--The table of sections for chapter 7 of title 31, United States Code, is amended by inserting after the item relating to section 720 the following: ``721. Technology assessments.''.

Requires the General Accounting Office (GAO) to establish a technology assessment capability to coordinate and prepare information for Congress relating to the policy implications of applications of technology. Provides for technology assessments performed under this Act to: (1) provide Congress with timely and objective information to contribute to legislative consideration of technology applications and their policy implications; (2) be undertaken by the Comptroller General with special attention to the technical expertise and policy analysis skills needed to perform a prospective assessment of technology applications and policy implications; (3) be designed to review an application of technology to an issue of public interest; and (4) include peer review by persons and organizations of appropriate expertise. Instructs the Comptroller General, in performing technology assessments, to be properly apprised of Federal and non-Federal entities providing information to Congress to: (1) enable effective coverage of critical issues; and (2) avoid duplication of effort. Directs the Comptroller General, in consultation with the National Academy of Sciences, to establish a technology assessment advisory panel to provide advice on such technology assessments, methodologies, possible subjects of study, and the means of improving the quality and timeliness of technology assessment services provided to Congress. Allows the Comptroller General to utilize individuals and enter into contracts or other arrangements to acquire needed expertise. Requires the Comptroller General to submit annual reports to Congress on GAO's technology assessment activities.

A bill to amend chapter 7 of title 31, United States Code, to provide for a technology assessment capability within the General Accounting Office, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Common Sense Savings Act of 2016''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Treatment of lottery winnings and other lump-sum income for purposes of income eligibility under Medicaid. Sec. 3. Eliminating PPACA enhanced Medicaid FMAP for prisoners. Sec. 4. Extending previous Medicaid threshold applied for determining acceptable provider taxes. Sec. 5. Sunsetting PPACA increase in enhanced FMAP under CHIP. Sec. 6. Repeal of the Prevention and Public Health Fund. SEC. 2. TREATMENT OF LOTTERY WINNINGS AND OTHER LUMP-SUM INCOME FOR PURPOSES OF INCOME ELIGIBILITY UNDER MEDICAID. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)(17), by striking ``(e)(14), (e)(14)'' and inserting ``(e)(14), (e)(15)''; and (2) in subsection (e)-- (A) in paragraph (14) (relating to modified adjusted gross income), by adding at the end the following new subparagraph: ``(J) Treatment of certain lottery winnings and income received as a lump sum.-- ``(i) In general.--In the case of an individual who is the recipient of qualified lottery winnings (pursuant to lotteries occurring on or after January 1, 2018) or qualified lump sum income (received on or after such date) and whose eligibility for medical assistance is determined based on the application of modified adjusted gross income under subparagraph (A), a State shall, in determining such eligibility, include such winnings or income (as applicable) as income received-- ``(I) in the month in which such winnings or income (as applicable) is received if the amount of such winnings or income is less than $60,000; ``(II) over a period of 2 months if the amount of such winnings or income (as applicable) is greater than or equal to $60,000 but less than $70,000; ``(III) over a period of 3 months if the amount of such winnings or income (as applicable) is greater than or equal to $70,000 but less than $80,000; and ``(IV) over a period of 3 months plus 1 additional month for each increment of $10,000 of such winnings or income (as applicable) received, not to exceed a period of 120 months (for winnings or income of $1,240,000 or more), if the amount of such winnings or income is greater than or equal to $80,000. ``(ii) Counting in equal installments.--For purposes of subclauses (II), (III), and (IV) of clause (i), winnings or income to which such subclause applies shall be counted in equal monthly installments over the period of months specified under such subclause. ``(iii) Qualified lottery winnings defined.--In this subparagraph, the term `qualified lottery winnings' means winnings from a sweepstakes, lottery, or pool described in paragraph (3) of section 4402 of the Internal Revenue Code of 1986 or a lottery operated by a multistate or multijurisdictional lottery association, including amounts awarded as a lump sum payment. ``(iv) Qualified lump sum income defined.-- In this subparagraph, the term `qualified lump sum income' means income that is received as a lump sum from one of the following sources: ``(I) Monetary winnings from gambling (as defined by the Secretary and including gambling activities described in section 1955(b)(4) of title 18, United States Code). ``(II) Damages received, whether by suit or agreement and whether as lump sums or as periodic payments (other than monthly payments), on account of causes of action other than causes of action arising from personal physical injuries or physical sickness. ``(III) Income received as liquid assets from the estate (as defined in section 1917(b)(4)) of a deceased individual.''; and (B) by striking ``(14) Exclusion'' and inserting ``(15) Exclusion''. (b) Rule of Construction.--Nothing in the amendment made by subsection (a)(2)(A) shall be construed as preventing a State from intercepting the State lottery winnings awarded to an individual in the State to recover amounts paid by the State under the State Medicaid plan under title XIX of the Social Security Act for medical assistance furnished to the individual. SEC. 3. ELIMINATING PPACA ENHANCED MEDICAID FMAP FOR PRISONERS. Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (y)(2)(A), by adding at the end the following: ``For items and services furnished on or after January 1, 2017, such term does not include an individual during the period in which the individual is an inmate in a public institution and is a patient in a medical institution.''; and (2) in subsection (z)(2)(A), by adding at the end the following: ``For calendar quarters beginning on or after January 1, 2017, the preceding sentence shall not apply with respect to medical assistance for individuals who are inmates in a public institution and patients in a medical institution.''. SEC. 4. EXTENDING PREVIOUS MEDICAID THRESHOLD APPLIED FOR DETERMINING ACCEPTABLE PROVIDER TAXES. Section 1903(w)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1396b(w)(4)(C)(ii)) is amended by inserting after ``October 1, 2011,'' the following: ``and for portions of fiscal years occurring on or after January 1, 2017''. SEC. 5. SUNSETTING PPACA INCREASE IN ENHANCED FMAP UNDER CHIP. (a) In General.--The second sentence of section 2105(b) of the Social Security Act (42 U.S.C. 1397ee(b)) is amended by striking ``September 30, 2019'' and inserting ``March 31, 2016''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished after March 31, 2016, without regard to whether this Act is enacted after such date. SEC. 6. REPEAL OF THE PREVENTION AND PUBLIC HEALTH FUND. (a) In General.--Section 4002 of the Patient Protection and Affordable Care Act (42 U.S.C. 300u-11) is repealed. (b) Rescission of Unobligated Funds.--Of the funds made available by such section 4002, the unobligated balance is rescinded.

Common Sense Savings Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act (SSAct) to specify how a state must treat qualified lottery winnings and lump sum income for purposes of determining an individual's income-based eligibility for a state Medicaid program. Specifically, a state shall include such winnings or income as income received: (1) in the month in which it was received, if the amount is less than $60,000; (2) over a period of two months, if the amount is at least $60,000 but less than $70,000; (3) over a period of three months, if the amount is at least $70,000 but less than $80,000; and (4) over an additional one-month period for each increment of $10,000 received, not to exceed 120 months. Qualified lump sum income includes: (1) monetary winnings from gambling; (2) damages received in lump sums or periodic payments, excluding monthly payments, on account of causes of action other than those arising from personal physical injuries or sickness; and (3) income received as liquid assets from the estate of a deceased individual. In addition, the bill eliminates the enhanced Federal Medical Assistance Percentage (FMAP) with respect to the coverage of individuals who are inmates in public institutions. Under current law, the enhanced FMAP applies to coverage of individuals who are newly eligible for Medicaid under the Patient Protection and Affordable Care Act (PPACA). The bill also amends title XXI (Children's Health Insurance Program [CHIP]) of the SSAct to terminate increases to the enhanced FMAP as established by the PPACA with respect to CHIP. Under current law, federal Medicaid reimbursement to states is reduced in proportion to any impermissible state taxes collected from health care providers. The bill lowers a percentage threshold used to determine whether such taxes are impermissible. The bill terminates the Prevention and Public Health Fund.

Common Sense Savings Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honest FHA Originator Act of 2009''. SEC. 2. REQUIREMENTS FOR FHA-APPROVED MORTGAGEES. (a) Mortgagee Review Board.--Paragraph (2) of section 202(c) of the National Housing Act (12 U.S.C. 1708(c)) is amended-- (1) in subparagraph (E), by inserting ``and'' after the semicolon; (2) in subparagraph (F), by striking ``; and'' and inserting a period; and (3) by striking subparagraph (G). (b) Limitations on Participation and Mortgagee Approval and Use of Name.--Section 202 of the National Housing Act (12 U.S.C. 1708) is amended-- (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; (2) by inserting after subsection (c) the following new subsection: ``(d) Limitations on Participation in Origination and Mortgagee Approval.-- ``(1) Requirement.--Any person or entity that is not approved by the Secretary to serve as a mortgagee, as such term is defined in subsection (c)(7), shall not participate in the origination of an FHA-insured loan except as authorized by the Secretary. ``(2) Eligibility for approval.--In order to be eligible for approval by the Secretary, an applicant mortgagee shall not be, and shall not have any officer, partner, director, principal, or employee of the applicant mortgagee who is-- ``(A) currently suspended, debarred, under a limited denial of participation (LDP), or otherwise restricted under part 24 or 25 of title 24 of the Code of Federal Regulations, or any successor regulations to such parts, or under similar provisions of any other Federal agency; ``(B) under indictment for, or has been convicted of, an offense that reflects adversely upon the applicant's integrity, competence or fitness to meet the responsibilities of an approved mortgagee; ``(C) subject to unresolved findings contained in a Department of Housing and Urban Development or other governmental audit, investigation, or review; ``(D) engaged in business practices that do not conform to generally accepted practices of prudent mortgagees or that demonstrate irresponsibility; ``(E) convicted of, or who has pled guilty or nolo contendre to, a felony related to participation in the real estate or mortgage loan industry-- ``(i) during the 7-year period preceding the date of the application for licensing and registration; or ``(ii) at any time preceding such date of application, if such felony involved an act of fraud, dishonesty, or a breach of trust, or money laundering; ``(F) in violation of provisions of the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.) or any applicable provision of State law; or ``(G) in violation of any other requirement as established by the Secretary.''; and (3) by adding at the end the following new subsection: ``(h) Use of Name.--The Secretary shall, by regulation, require each mortgagee approved by the Secretary for participation in the FHA mortgage insurance programs of the Secretary-- ``(1) to use the business name of the mortgagee that is registered with the Secretary in connection with such approval in all advertisements and promotional materials, as such terms are defined by the Secretary, relating to the business of such mortgagee in such mortgage insurance programs; and ``(2) to maintain copies of all such advertisements and promotional materials, in such form and for such period as the Secretary requires.''. (c) Change of Status.--The National Housing Act is amended by striking section 532 (12 U.S.C. 1735f-10) and inserting the following new section: ``SEC. 532. CHANGE OF MORTGAGEE STATUS. ``(a) Notification.--Upon the occurrence of any action described in subsection (b), an approved mortgagee shall immediately submit to the Secretary, in writing, notification of such occurrence. ``(b) Actions.--The actions described in this subsection are as follows: ``(1) The debarment, suspension of a Limited Denial of Participation (LDP), or application of other sanctions, fines, or penalties applied to the mortgagee or to any officer, partner, director, principal, manager, supervisor, loan processor, loan underwriter, or loan originator of the mortgagee pursuant to applicable provisions of State or Federal law. ``(2) The revocation of a State-issued mortgage loan originator license issued pursuant to the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.) or any other similar declaration of ineligibility pursuant to State law.''. (d) Civil Money Penalties.--Section 536 of the National Housing Act (12 U.S.C. 1735f-14) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by inserting ``or any of its owners, officers, or directors'' after ``mortgagee or lender''; (ii) in subparagraph (H), by striking ``title I'' and all that follows through ``Act of 1989)'' and inserting ``title I or II''; and (iii) by inserting after subparagraph (J) the following: ``(K) Violation of section 202(d) of this Act (12 U.S.C. 1708(d)).''; and (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``or'' at the end; (ii) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following new subparagraph: ``(D) causing or participating in any of the violations set forth in paragraph (1) of this subsection.''; and (2) in subsection (g), by striking ``The term'' and all that follows through the end of the sentence and inserting ``For purposes of this section, a person acts knowingly when a person has actual knowledge of acts or should have known of the acts.''. (e) Expanded Review of FHA Mortgagee Applicants and Newly Approved Mortgagees.--Not later than the expiration of the 3-month period beginning upon the date of the enactment of this Act, the Secretary of Housing and Urban Development shall-- (1) expand the existing process for reviewing new applicants for approval for participation in the mortgage insurance programs of the Secretary for mortgages on 1- to 4- family residences for the purpose of identifying applicants who represent a high risk to the Mutual Mortgage Insurance Fund; and (2) implement procedures that, for mortgagees approved during the 12-month period ending upon such date of enactment-- (A) expand the number of mortgages originated by such mortgagees that are reviewed for compliance with applicable laws, regulations, and policies; and (B) include a process for random reviews of such mortgagees and a process for reviews that is based on volume of mortgages originated by such mortgagees.

Honest FHA Originator Act of 2009 - Amends the National Housing Act to remove the Director of the Enforcement Center from the Mortgagee Review Board of the Federal Housing Administration (FHA) of the Department of Housing and Urban Development (HUD). Declares that any person or entity that is not approved by the HUD Secretary is prohibited from serving as a mortgagee and from participating in the origination of an FHA-insured loan. Sets forth mortgagee eligibility criteria. Directs the Secretary to require each mortgagee approved for participation in the FHA mortgage insurance programs to: (1) use the business name of the mortgagee that is registered with the Secretary in all advertisements and promotional materials relating to the business of such mortgagee in the mortgage insurance programs; and (2) maintain copies of such advertisements and promotional materials. Requires an approved mortgagee to submit immediate written notification of the following actions: (1) the debarment, suspension of a Limited Denial of Participation (LDP), or application of other sanctions, fines, or penalties applied to the mortgagee or to any officer, partner, director, principal, manager, supervisor, loan processor, loan underwriter, or loan originator of the mortgagee pursuant to applicable state or federal law; or (2) the revocation of a state-issued mortgage loan originator license or any other similar declaration of ineligibility pursuant to state law. Instructs the Secretary to expand the review of FHA mortgagee applicants and newly approved mortgagees.

To improve the process through which loan originators participate in FHA mortgage programs,and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Market Failure Protection Act of 1999''. SEC. 101. MARKETING ASSISTANCE LOANS. (a) In General.--Section 132 of the Agricultural Market Transition Act (7 U.S.C. 7232) is amended-- (1) in subsection (a)(1)-- (A) by striking ``be--'' and all that follows through ``(A) not'' and inserting ``be not''; and (B) by striking ``; but'' and all that follows through ``per bushel''; (2) in subsection (b)(1)-- (A) by striking ``be--'' and all that follows through ``(A) not'' and inserting ``be not''; and (B) by striking ``; but'' and all that follows through ``per bushel''; (3) in subsection (c)(2), by striking ``or more than $0.5192 per pound''; (4) in subsection (d)-- (A) by striking ``be--'' and all that follows through ``(1) not'' and inserting ``be not''; and (B) by striking ``; but'' and all that follows through ``per pound''; (5) by striking subsection (e) and inserting the following: ``(e) Rice.--The loan rate for a marketing assistance loan under section 131 for rice shall be-- ``(1) not less than 85 percent of the simple average price received by producers of rice, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of rice, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; but ``(2) not less than $6.50 per hundredweight.''; and (6) in subsection (f)-- (A) in paragraph (1)(B), by striking ``or more than $5.26''; and (B) in paragraph (2)(B), by striking ``or more than $0.093''. (b) Term of Loan.--Section 133 of the Agricultural Market Transition Act (7 U.S.C. 7233) is amended by striking subsection (c) and inserting the following: ``(c) Extensions.--The Secretary may extend the term of a marketing assistance loan for any loan commodity for a period not to exceed 6 months.''. (c) Application.-- (1) In general.--The authority provided by this section applies to the 1999 and subsequent crops of a loan commodity (as defined in section 102 of the Agricultural Market Transition Act (7 U.S.C. 7202)). (2) Loans.--This section applies to a marketing assistance loan for a loan commodity made under subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.) for the 1999 crop year before, on, or after the date of enactment of this Act. SEC. 3. NET OPERATING LOSS OF FARMERS. (a) Increase in Carryback Years.--Paragraph (1) of section 172(b) of the Internal Revenue Code of 1986 (relating to net operating loss carrybacks and carryforwards) is amended by adding at the end the following new subparagraph: ``(G) Farming losses.--Subparagraph (A)(i) shall be applied by substituting `10 years' for `2 years' with respect to the portion of the net operating loss of an eligible taxpayer (as defined in subsection (i)) for any taxable year beginning after December 31, 1997, and ending before January 1, 2000, which is a farming loss (as so defined) with respect to the taxpayer.'' (b) Definitions and Rules Relating to Farming Losses.--Section 172 of such Code is amended by redesignating subsection (i) as subsection (j) and inserting after subsection (h) the following new subsection: ``(i) Definitions and Rules Relating to Farming Losses.--For purposes of this section-- ``(1) Farming loss.-- ``(A) In general.--The term `farming loss' means the lesser of-- ``(i) the net operating loss of the taxpayer for the taxable year, or ``(ii) the net operating loss of the taxpayer for the taxable year determined by only taking into account items of income and deduction attributable to 1 or more qualified farming businesses of the taxpayer. ``(B) Dollar limitation.-- ``(i) In general.--The farming loss of a taxpayer for any taxable year shall not exceed $200,000. ``(ii) Aggregation rules.-- ``(I) In general.--All persons treated as 1 employer under subsections (a) or (b) of section 52 shall be treated as 1 person. ``(II) Pass-thru entity.--In the case of a partnership, trust, or other pass-thru entity, the limitation shall be applied at both the entity and the owner level. ``(III) Owner.--The limitation shall be reduced by the amount of farming loss determined for a corporation for which the taxpayer is a 50 percent owner in the taxable year of the corporation ending in the taxable year of the taxpayer owner. ``(2) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means a taxpayer which derives more than 50 percent of its gross income for the 3-year period beginning 2 years prior to the current taxable year from qualified farming businesses. ``(B) Qualified farming business.--The term `qualified farming business' means a trade or business of farming (within the meaning of section 2032A)-- ``(i) with respect to which-- ``(I) the taxpayer or a member of the family of the taxpayer materially participates (within the meaning of section 2032A(e)(6)), or ``(II) in the case of a taxpayer other than an individual, a 20 percent owner of the taxpayer or a member of the owner's family materially participates (as so defined), and ``(ii) which does not receive in excess of $7,000,000 from sales in a taxable year. For purposes of clause (i)(II), owners which are members of a single family shall be treated as a single owner. ``(3) Owner.-- ``(A) 20 percent owner.--The term `20 percent owner' means any person who would be described in section 416(i)(1)(B)(i) if `20 percent' were substituted for `5 percent' each place it appears in such section. ``(B) 50 percent owner.--The term `50 percent owner' means any person who would be described in section 416(i)(1)(B)(i) if `50 percent' were substituted for `5 percent' each place it appears in such section. ``(4) Coordination with subsection (b)(2).--For purposes of applying subsection (b)(2), a farming loss for any taxable year shall be treated as a separate net operating loss for such taxable year to be taken into account after the remaining portion of the net operating loss for such taxable year. ``(5) Election.--Any taxpayer entitled to a 10-year carryback under subsection (b)(1)(G) from any loss year may elect to have the carryback period with respect to such loss year, and any portion of the farming loss for such year, determined without regard to subsection (b)(1)(G). Such election shall be made in such manner as may be prescribed by the Secretary and shall be made by the due date (including extensions of time) for filing the taxpayer's return for the taxable year of the net operating loss. Such election, once made for any taxable year, shall be irrevocable for that taxable year.''

Amends the Internal Revenue Code to temporarily increase from two to ten the number of years permitted for the carryback of net operating losses for certain farmers.

Agricultural Market Failure Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Security Personnel Protection Act''. SEC. 2. DEFINITIONS. In this Act: (1) Airport security screener.--The term ``airport security screener'' means an individual who is employed to perform security screening services at an airport in the United States. (2) Lawful permanent resident alien.--The term ``lawful permanent resident alien'' means an alien lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). (3) Qualified lawful permanent resident alien defined.--The term ``qualified lawful permanent resident alien'' means an alien with respect to whom a certification has been made by the Under Secretary of Transportation for Security under section 111(e)(1)(B) of the Aviation and Transportation Security Act (Public Law 107-71), as added by section 3 of this Act. SEC. 3. TRANSITIONAL EMPLOYMENT ELIGIBILITY FOR QUALIFIED LAWFUL PERMANENT RESIDENT AIRPORT SECURITY SCREENERS. (a) In General.--Section 111 of the Aviation and Transportation Security Act (Public Law 107-71) is amended by adding at the end the following: ``(e) Special Transition Rule for Qualified Lawful Permanent Resident Aliens.-- ``(1) In general.--Notwithstanding any rule or regulation promulgated to implement the citizenship requirement in section 44935(e)(2)(A)(ii) of title 49, United States Code, as amended by subsection (a), or any other provision of law prohibiting the employment of aliens by the Federal Government, an alien shall be eligible for hiring or continued employment as an airport security screener until the naturalization process for such alien is completed, if-- ``(A) the Attorney General makes the certification described in paragraph (2) to the Under Secretary of Transportation for Security with respect to the alien; and ``(B) the Under Secretary of Transportation for Security makes the certification described in paragraph (3) to the Attorney General with respect to such alien. ``(2) Certification by the attorney general.--A certification under this paragraph is a certification by the Attorney General, upon the request of the Under Secretary of Transportation for Security, with respect to an alien described in paragraph (1) that-- ``(A) the alien is a lawful permanent resident alien (as defined in section 2 of the Airport Security Personnel Protection Act); and ``(B)(i) an application for naturalization has been approved, and the alien is awaiting the holding of a ceremony for the administration of the oath of renunciation and allegiance, as required by section 337 of the Immigration and Nationality Act (8 U.S.C. 1448); ``(ii) an application for naturalization filed by the alien prior to the date of enactment of this Act is pending before the Immigration and Naturalization Service but has not been finally adjudicated; or ``(iii) the alien-- ``(I) satisfies, or will satisfy within one year of the date of certification if the alien remains in the United States, the residence requirements applicable to the alien in the Immigration and Nationality Act, or any other Act that are necessary for eligibility for naturalization; and ``(II) not more than 180 days after the date of enactment of the Airport Security Personnel Protection Act, filed under section 334(f) of the Immigration and Nationality Act an application for a declaration of intention to become a United States citizen. ``(3) Certification by the under secretary of transportation.--A certification under this paragraph is a certification by the Under Secretary of Transportation for Security with respect to an alien described in paragraph (1) that-- ``(A) the Under Secretary has decided to hire or continue the employment of such alien; and ``(B) the alien-- ``(i) meets the qualifications to be a security screener under section 44935(f); ``(ii) was employed as an airport security screener as of the date of enactment of this Act, as determined by the Under Secretary of Transportation for Security; and ``(iii) has undergone and successfully completed an employment investigation (including a criminal history record check) required by section 44935(e)(2)(B) of such title, as amended by subsection (a).''. (b) Effective Date.--The amendment made by subsection (a) shall be deemed effective as if included in the enactment of the Aviation and Transportation Security Act. SEC. 4. EXPEDITED NATURALIZATION FOR QUALIFIED LAWFUL PERMANENT RESIDENT AIRPORT SECURITY SCREENERS. (a) Requirement.-- (1) In general.--For the purpose of enabling qualified lawful permanent resident aliens to satisfy in a timely manner the citizenship requirement in section 44935(e)(2)(A)(ii) of title 49, United States Code, the Attorney General shall expedite-- (A) the processing and adjudication of an application for naturalization filed by any qualified lawful permanent resident alien who was employed as an airport security screener as of the date of enactment of the Aviation and Transportation Security Act (Public Law 107-71); and (B) if such application for naturalization is approved, the holding of a ceremony for administration of the oath of renunciation and allegiance to such qualified lawful permanent resident alien, as required by section 337 of the Immigration and Nationality Act (8 U.S.C. 1448). (b) Deadlines for Completed Action.--The Attorney General shall complete the actions described in subsection (a)-- (1) not later than 30 days after the date of enactment of this Act, in the case of a qualified lawful permanent resident alien with respect to whom an application for naturalization is approved but such alien is awaiting the holding of a ceremony for the administration of the oath of renunciation and allegiance, as required by section 337 of the Immigration and Nationality Act (8 U.S.C. 1448); (2) not later than 180 days after the date of enactment of this Act, in the case of a qualified lawful permanent resident alien with respect to whom an application for naturalization was pending on the date of enactment of this Act; and (3) not later than 180 days after the date on which an application for naturalization is received by the Attorney General, in the case of a qualified lawful permanent resident alien with respect to whom an application for naturalization is filed after the date of enactment of this Act. (c) Statutory Construction.--Nothing in this section may be construed to lower the standards of qualification set forth in title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) that applicants for naturalization must meet in order to become naturalized citizens of the United States.

Airport Security Personnel Protection Act - Amends the Aviation and Transportation Security Act to establish a special rule granting transitional employment eligibility, upon a specified certification by the Attorney General, to qualified lawful permanent resident alien airport security screeners until their naturalization process is completed.Directs the Attorney General to expedite the naturalization process for such screeners.

To provide for transitional employment eligibility for qualified lawful permanent resident alien airport security screeners until their naturalization process is completed, and to expedite that process.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Film Incentive Reform Act of 2014''. SEC. 2. MODIFICATION AND EXTENSION OF ELECTION TO EXPENSE THE COST OF QUALIFIED FILM, TELEVISION, AND THEATRICAL PRODUCTIONS. (a) Extension.--Section 181(f) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (b) Modification of Qualified Film, Television and Theatrical Productions to Which Section Applies.-- (1) In general.--Section 181(d) of such Code is amended to read as follows: ``(d) Qualified Film, Television, or Theatrical Production.--For purposes of this section-- ``(1) In general.--The term `qualified film, television, or theatrical production' means-- ``(A) any film or television production if 100 percent of the total compensation of the film or television production is compensation for services performed in the United States, and ``(B) any theatrical production if 75 percent of the total compensation of the theatrical production is qualified compensation. ``(2) Film or television production.-- ``(A) In general.--The term `film or television production' means property described in section 168(f)(3). ``(B) Special rule for television series.--In the case of a television series-- ``(i) each episode of such series shall be treated as a separate production, and ``(ii) only the first 44 episodes of such series shall be taken into account. ``(3) Theatrical production.-- ``(A) In general.--The term `theatrical production' means a live staged production of a play (with or without music) which is derived from a written book or script and is produced or presented in any venue which has an audience capacity of not more than 3,000 or a series of venues the majority of which have an audience capacity of not more than 3,000. ``(B) Touring companies.--In the case of multiple live staged productions for which an election under this section is made by the same taxpayer and which are-- ``(i) separate phases of a production, or ``(ii) separate simultaneous stagings of the same production in different geographical locations (not including multiple performance locations of any one touring production), each such live staged production shall be treated as a separate production. ``(C) Phases.--For purposes of subparagraph (B), the term `phase' refers to each of the following (but only if the taxpayer treats each of the following as a separate activity for all purposes of this title): ``(i) The initial staging of the production. ``(ii) Subsequent additional stagings or tourings of the production which are produced by the same producer as the initial staging. ``(D) Qualified compensation.-- ``(i) In general.--For purposes of paragraph (1)(B), the term `qualified compensation' means compensation for services performed in the United States by actors, directors, musicians, producers, and other production and post-production personnel. ``(ii) Participations and residuals excluded.--For purposes of paragraph (1)(B) and clause (i), the term `compensation' does not include participations and residuals (as defined in section 167(g)(7)(B)). ``(4) Exception.--The term `qualified film, television, or theatrical production' shall not include any production if records are required under section 2257 of title 18, United States Code, to be maintained with respect to any performer in such production.''. (2) Conforming amendments.-- (A) Subsections (a)(1), (a)(2)(A), (a)(2)(B), (b), and (c)(1) of section 181 of such Code are each amended by striking ``any qualified film or television production'' and inserting ``any qualified film, television, or theatrical production''. (B) Section 181(f) of such Code is amended by striking ``qualified film and television productions'' and inserting ``any qualified film, television, or theatrical production''. (C) The heading of section 181 is amended by striking ``qualified film and television productions'' and inserting ``qualified film, television, and theatrical productions''. (D) The item relating to section 181 in the table of sections for part VI of subchapter B of chapter 1 of such Code is amended to read as follows: ``Sec. 181. Treatment of certain qualified film, television, and theatrical productions.''. (c) Effective Date.--The amendments made by this section shall apply to qualified film, television, and theatrical productions commencing after December 31, 2013.

Film Incentive Reform Act of 2014 - Amends the Internal Revenue Code to: (1) extend through 2015 the election to expense the cost of qualified film, television, and theatrical productions; and (2) include theatrical productions in such expensing allowance. Defines "theatrical production" as a live staged production of a play derived from a written book or script and produced or presented in any venue which has an audience capacity of more than 3,000.

Film Incentive Reform Act of 2014

SECTION 1. SMALL ETHANOL PRODUCER CREDIT. (a) Allocation of Alcohol Fuels Credit to Patrons of a Cooperative.--Section 40(g) of the Internal Revenue Code of 1986 (relating to alcohol used as fuel) is amended by adding at the end the following new paragraph: ``(6) Allocation of small ethanol producer credit to patrons of cooperative.-- ``(A) Election to allocate.-- ``(i) In general.--In the case of a cooperative organization described in section 1381(a), any portion of the credit determined under subsection (a)(3) for the taxable year may, at the election of the organization, be apportioned pro rata among patrons of the organization on the basis of the quantity or value of business done with or for such patrons for the taxable year. ``(ii) Form and effect of election.--An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. ``(B) Treatment of organizations and patrons.--The amount of the credit apportioned to patrons under subparagraph (A)-- ``(i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, ``(ii) shall be included in the amount determined under subsection (a) for the taxable year of each patron for which the patronage dividends for the taxable year described in subparagraph (A) are included in gross income, and ``(iii) shall be included in gross income of such patrons for the taxable year in the manner and to the extent provided in section 87. ``(C) Special rules for decrease in credits for taxable year.--If the amount of the credit of a cooperative organization determined under subsection (a)(3) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of-- ``(i) such reduction, over ``(ii) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this subpart or subpart A, B, E, or G.''. (b) Improvements to Small Ethanol Producer Credit.-- (1) Definition of small ethanol producer.--Section 40(g) of the Internal Revenue Code of 1986 (relating to definitions and special rules for eligible small ethanol producer credit) is amended by striking ``30,000,000'' each place it appears and inserting ``60,000,000''. (2) Small ethanol producer credit not a passive activity credit.--Clause (i) of section 469(d)(2)(A) of such Code is amended by striking ``subpart D'' and inserting ``subpart D, other than section 40(a)(3),''. (3) Allowing credit against minimum tax.-- (A) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Special rules for small ethanol producer credit.-- ``(A) In general.--In the case of the small ethanol producer credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the small ethanol producer credit). ``(B) Small ethanol producer credit.--For purposes of this subsection, the term `small ethanol producer credit' means the credit allowable under subsection (a) by reason of section 40(a)(3).''. (B) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by striking ``(other'' and all that follows through ``credit)'' and inserting ``(other than the empowerment zone employment credit or the small ethanol producer credit)''. (4) Small ethanol producer credit not added back to income under section 87.--Section 87 of such Code (relating to income inclusion of alcohol fuel credit) is amended to read as follows: ``SEC. 87. ALCOHOL FUEL CREDIT. ``Gross income includes an amount equal to the sum of-- ``(1) the amount of the alcohol mixture credit determined with respect to the taxpayer for the taxable year under section 40(a)(1), and ``(2) the alcohol credit determined with respect to the taxpayer for the taxable year under section 40(a)(2).''. (c) Conforming Amendment.--Section 1388 of such Code (relating to definitions and special rules for cooperative organizations) is amended by adding at the end the following new subsection: ``(k) Cross Reference.--For provisions relating to the apportionment of the alcohol fuels credit between cooperative organizations and their patrons, see section 40(g)(6).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code respecting the small ethanol producer credit to: (1) authorize credit allocation among a cooperative's patrons; (2) increase the gallon capacity for eligible producers; (3) make the credit a non-passive income credit; and (4) remove the credit from the alcohol fuel credit gross income inclusion.

A bill to amend the Internal Revenue Code of 1986 to enhance the use of the small ethanol producer credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Waterways Are Vital for the Economy, Energy, Efficiency, and Environment Act of 2012'' or the ``WAVE4 Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The inland waterways navigation system is vital to the economic well-being of the Nation. (2) Energy reliability and conservation are the cornerstones of the inland waterways navigation system. (3) The efficiency of the inland waterways navigation system creates the optimum transportation mode for bulk commodities in the United States. (4) The inland waterways navigation system provides for environmental protection and ecosystem sustainability. SEC. 3. PURPOSES. In order to ensure continued safe, dependable, highly cost- effective, and environmentally sustainable navigation on the inland and intracoastal waterways of the United States, the purposes of this Act are to-- (1) improve program and project management applicable to the construction and major rehabilitation of navigation projects on such waterways; (2) optimize inland waterways navigation system reliability; (3) minimize the size and scope of inland waterways navigation project completion schedules; (4) eliminate preventable delays in inland waterways navigation project completion schedules; and (5) make inland waterways navigation capital investments through use of prioritization criteria that seek to maximize system-wide benefits and minimize overall system risk. SEC. 4. DEFINITIONS. In this Act: (1) Qualifying project.--The term ``qualifying project'' means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is-- (A) authorized before, on, or after the date of enactment of this Act; (B) not completed on the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund. (2) Major rehabilitation project.--The term ``major rehabilitation project'' means a project for the restoration of a major project or major project feature that has an estimated cost greater than $100,000,000. SEC. 5. PROJECT DELIVERY PROCESS REFORMS. The Secretary of the Army, acting through the Chief of Engineers, shall require the following: (1) Formal project management training and certification for project managers of a qualifying project. (2) Assignment as project managers for a qualifying project only of personnel fully certified by the Chief of Engineers. (3) Cost estimation that is risk-based and has a confidence level of at least 80 percent for a qualifying project. (4) Independent external peer review and submission to Congress (in the case of a feasibility report) or the Secretary (in the case of a rehabilitation evaluation report) for any qualifying project-- (A) that-- (i) has an estimated total project cost greater than $45,000,000; (ii) is subject to public safety concerns, as determined by the Chief of Engineers; (iii) involves a high level of complexity or novel or precedent-setting approaches, as determined by the Chief of Engineers; or (iv) is identified by the Chief of Engineers as a matter of significant interagency interest; or (B) for which such a review has been requested by the Governor of any State affected by the project. (5) Appointment to a project development team for a qualifying project of a member of the Inland Waterways Users Board, selected by the Chairman of the Users Board. (6) Communication quarterly to the Inland Waterways Users Board of the status of a qualifying project that is under construction. (7) Inclusion of the Chairman of the Inland Waterways Users Board and the project development team appointee under paragraph (5) as signatories of the project management plan for a qualifying project. (8) Establishment of a system to identify and apply on a continuing basis lessons learned from prior or ongoing projects so as to improve the likelihood of on-time and on-budget completion of qualifying projects. (9) Evaluation, including through use of one or more pilot projects, of early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance. (10) Such additional measures that the Secretary determines will achieve the purposes of this Act, including, as determined appropriate by the Secretary-- (A) implementation of applicable practices and procedures drawn from the Secretary's management of the military construction program; (B) creation of one or more centers of expertise for the design and review of qualifying projects; (C) development and use of a portfolio of standard designs for inland navigation locks; (D) use of full-funding contracts or formulation of a revised continuing contracts clause; and (E) establishment of procedures for recommending new project construction starts using a capital projects business model. SEC. 6. 20-YEAR CAPITAL INVESTMENT PROGRAM. (a) Program Required.--Not later than one year after the date of enactment of this Act, the Secretary of the Army, working in conjunction with the Inland Waterways Users Board, shall submit to Congress a 20-year program for making capital investments on the inland and intracoastal waterways based on application of objective national project-selection prioritization criteria, as developed by the Secretary. Such program may be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Inland Waterways Users Board. (b) Annual Review and Update.--Beginning not later than one year after the date on which a 20-year program is submitted to Congress under subsection (a), and each year thereafter, the Secretary of the Army, working in conjunction with the Inland Waterways Users Board, shall submit to Congress an updated 20-year program. Such updated program shall include identification and explanation of any changes that were made to the prior year's project-specific recommendations, including any changes that were made to the objective national project- selection prioritization criteria that were used to develop the updated recommendations. (c) Strategic Review and Update.--Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary of the Army, working in conjunction with the Inland Waterways Users Board, shall submit to Congress a strategic review of the capital investment program for the Inland Marine Transportation System and make such revisions to the program as the Secretary and Users Board jointly consider appropriate. SEC. 7. COST SHARING FOR QUALIFYING PROJECTS. (a) General Rule.--Notwithstanding any other provision of law, and subject to subsection (b), one-half of the cost of construction of a qualifying project shall be paid only from amounts appropriated from the general fund of the Treasury, and one-half of such costs shall be paid only from amounts appropriated from the Inland Waterways Trust Fund. (b) Special Rule for Dams.--Notwithstanding subsection (a), the cost of construction of a dam shall be paid only from amounts appropriated from the general fund of the Treasury. SEC. 8. LIMITATION ON EXPENDITURES FROM THE INLAND WATERWAYS TRUST FUND. Section 9506 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (c)(1), by-- (A) inserting ``and subject to subsection (d),'' after ``Except as provided in paragraph (2),''; (B) striking ``, as in effect on the date of the enactment of this section'' and inserting ``, provided that such expenditures may not exceed 50 percent of the total cost of the construction or rehabilitation''; and (2) by inserting at the end the following: ``(d) Limitation on Expenditures From Trust Fund.--(1) Amounts in the Inland Waterways Trust Fund shall not be available for expenditures for-- ``(A) construction or rehabilitation of dams; or ``(B) any rehabilitation expenditure that does not equal or exceed $100,000,000. ``(2) Amounts in the Inland Waterways Trust Fund may not be used to pay for any part of the cost to construct an authorized Federal project that exceeds the sum of-- ``(A) the total authorized cost to construct the Federal project as specified in the Public Law that authorized construction of the project or, in the case of a rehabilitation project, in the relevant rehabilitation evaluation report; ``(B) an adjustment for inflation for the time that elapses between the date of the project's authorization and the date on which construction of the project begins; and ``(C) an additional amount, if any, jointly agreed to by the Secretary and the Inland Waterways Users Board as appropriate to the project.''. SEC. 9. REVISION TO INLAND WATERWAYS USER FEE. Section 4042(b)(2)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) The Inland Waterways Trust Fund financing rate is the rate determined in accordance with the following table: The tax per ``If the use occurs: gallon is: During 2012........................................ 20 cents After 2012......................................... 26 cents''.

Waterways Are Vital for the Economy, Energy, Efficiency, and Environment Act of 2012 or WAVE4 Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to require certain delivery process reforms for qualifying construction and major rehabilitation projects for navigation infrastructure of inland and intracoastal waterways. Directs the Secretary, working in conjunction with the Inland Waterways Users Board, to submit to Congress a 20-year program for making capital investments on inland and intracoastal waterways. Authorizes such program to be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Board. Amends the Internal Revenue Code to limit expenditures from the Inland Waterways Trust Fund to 50% of the total cost of the construction or rehabilitation project. Prohibits expenditures from the Fund for: (1) construction or rehabilitation of dams, or (2) rehabilitation expenditures equal to or exceeding $100 million.

To provide for funding for construction and major rehabilitation for projects located on inland and intracoastal waterways of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child and Dependent Care Tax Credit Enhancement Act of 2017''. SEC. 2. ENHANCEMENT OF CHILD AND DEPENDENT CARE TAX CREDIT. (a) In General.--Paragraph (2) of section 21(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means 50 percent reduced (but not below 20 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $120,000.''. (b) Increase in Dollar Limit on Amount Creditable.--Subsection (c) of section 21 of such Code is amended-- (1) in paragraph (1), by striking ``$3,000'' and inserting ``$6,000'', and (2) in paragraph (2), by striking ``$6,000'' and inserting ``$12,000''. (c) Adjustment for Inflation.--Section 21 of such Code is amended-- (1) by redesignating subsection (f) as subsection (g), and (2) by inserting after subsection (e) the following new subsection: ``(f) Inflation Adjustment.-- ``(1) In general.--In the case of a calendar year beginning after 2018, the $120,000 amount in paragraph (2) of subsection (a) and the dollar amounts in subsection (c) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2017' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any dollar amount, after being increased under paragraph (1), is not a multiple of $100, such dollar amount shall be rounded to the next lowest multiple of $100.''. (d) Credit To Be Refundable.-- (1) In general.--The Internal Revenue Code of 1986 is amended-- (A) by redesignating section 21 as section 36C, and (B) by moving section 36C, as so redesignated, from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Technical amendments.-- (A) Paragraph (1) of section 23(f) of the Internal Revenue Code of 1986 is amended by striking ``21(e)'' and inserting ``36C(e)''. (B) Paragraph (6) of section 35(g) of such Code is amended by striking ``21(e)'' and inserting ``36C(e)''. (C) Paragraph (1) of section 36C(a) of such Code (as redesignated by paragraph (1)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (D) Subparagraph (C) of section 129(a)(2) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36C(e)''. (E) Paragraph (2) of section 129(b) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 36C(d)(2)''. (F) Paragraph (1) of section 129(e) of such Code is amended by striking ``section 21(b)(2)'' and inserting ``section 36C(b)(2)''. (G) Subsection (e) of section 213 of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (H) Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (I) Subparagraph (L) of section 6213(g)(2) of such Code is amended by striking ``section 21, 24, or 32,'' and inserting ``section 24, 32, or 36C,''. (J) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (K) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following: ``Sec. 36C. Expenses for household and dependent care services necessary for gainful employment.''. (L) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017.

Child and Dependent Care Tax Credit Enhancement Act of 2017 This bill amends the Internal Revenue Code, with respect to the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent, to: (1) increase to $120,000, the adjusted gross income threshold level above which such credit is incrementally reduced; (2) increase the dollar limit on the allowable amount of such credit; (3) allow an inflation adjustment to the adjusted gross income threshold and the maximum credit amounts, beginning after 2018; and (4) make such credit refundable.

Child and Dependent Care Tax Credit Enhancement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sandra Day O'Connor Civic Learning Act of 2011''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the Commissioner for Education Statistics, in administering the National Assessment of Educational Progress, should increase the sample size of students tested to improve disaggregation and analysis of data regarding progress in history and civics. SEC. 3. 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. ``(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 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 civic learning, 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 2013 through 2018-- ``(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 2011 - Expresses the sense of Congress that the Commissioner for Education Statistics, in administering the National Assessment of Educational Progress, should increase the number of students tested to improve disaggregation and analysis of data regarding progress in history and civics. Amends part C (Innovation for Teacher Quality) of title II of the Elementary and Secondary Education Act of 1965 to repeal We the People, a Civic Education program, and replace it with a program awarding competitive grants to nonprofit educational organizations to develop and implement programs that promote civic learning and engagement through instruction, professional development, and evaluations. Requires such programs to promote: (1) equity through access to funding and program benefits; (2) innovation through design, settings, and delivery; (3) scalability through broad, cost-effective implementation and institutionalization; and (4) accountability through program assessments and the identification of best practices.

To authorize the Secretary of Education to award grants to promote civic learning and engagement, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Plain Language in Government Communications Act of 2008''. SEC. 2. PURPOSE. The purpose of this Act is to improve the Federal Government's effectiveness and accountability to the public by promoting clear communication that the public can understand and use. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means an Executive agency, as that term is defined in section 105 of title 5, United States Code. (2) Plain language.--The term ``plain language'' means language that the intended audience can readily understand and use because it is clear, concise, well-organized, and follows other best practices of plain language writing. SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES. (a) Requirement to Use Plain Language in New Documents.--Within one year after the date of the enactment of this Act, each agency-- (1) shall use plain language in any covered document of the agency issued or substantially revised after the date of the enactment of this Act; (2) may use plain language in any revision of a covered document issued on or before such date; and (3) shall, when appropriate, use the English language in covered documents. (b) Guidance.--In implementing subsection (a), an agency may follow either the guidance of the Plain English Handbook, published by the Securities and Exchange Commission, or the Federal Plain Language Guidelines. If any agency has its own plain language guidance, the agency may use that guidance, as long as it is consistent with the Federal Plain Language Guidelines, the Plain English Handbook, published by the Securities and Exchange Commission, and the recommendations made by the Comptroller General under section 5(c). (c) Additional Provisions Relating to Use of English Language.-- Nothing in this Act shall be construed-- (1) to prohibit the use of a language other than English; (2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act); (3) to disparage any language or discourage any person from learning or using a language; (4) to impact or affect protections regarding language access; or (5) to be inconsistent with the Constitution of the United States. (d) Covered Document.--In this section, the term ``covered document''-- (1) means any document that explains how to obtain a benefit or service or file taxes, or that is relevant to obtaining a benefit or service or filing taxes; and (2) includes, whether in paper or electronic form, a letter, publication, form, notice, or instruction but does not include a regulation. (e) Use of Plain Language by Agencies.--Each agency should, to the extent practicable and appropriate, use plain language in any collection of information (as defined in section 3502(3)(A)(i) of title 44, United States Code). (f) Incorporation of Comptroller General Recommendations.-- (1) Reports.-- (A) Federal aviation administration.--The Administrator of the Federal Aviation Administration, acting through the Plain Language Action and Information Network, shall submit to the committees described in paragraph (2) a report on whether the recommendations made by the Comptroller General in the report under section 5(c) have been incorporated into the Federal Plain Language Guidelines described in subsection (b), and, if such recommendations have not been incorporated, an explanation of why they have not been incorporated. (B) Securities and exchange commission.--The Securities and Exchange Commission shall submit to the committees described in paragraph (2) a report on whether the recommendations made by the Comptroller General in the report under section 5(c) have been incorporated into the Plain English Handbook described in subsection (b), and, if such recommendations have not been incorporated, an explanation of why they have not been incorporated. (2) Committees.--The committees described in this paragraph are the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (3) Deadline.--The reports required under paragraph (1) shall be submitted within six months after the issuance of the report provided by the Comptroller General under section 5(c). SEC. 5. REPORTS TO CONGRESS. (a) Initial Report.--Within six months after the date of the enactment of this Act, the head of each agency shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that describes how the agency intends to meet the following objectives: (1) Communicating the requirements of this Act to agency employees. (2) Training agency employees to write in plain language. (3) Meeting the deadline set forth in section 4(a). (4) Ensuring ongoing compliance with the requirements of this Act. (5) Designating a senior official to be responsible for implementing the requirements of this Act. (6) Using, to the extent practicable and appropriate, plain language in regulations promulgated by the agency. (b) Annual and Other Reports.-- (1) The head of each agency shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on-- (A) compliance with this Act; and (B) the agency's continued efforts to meet the objectives specified in subsection (a). (2) A report under this subsection shall be submitted-- (A) annually for the first two years after the date of the enactment of this Act; and (B) once every three years thereafter. (c) Evaluation and Report by Comptroller General.--Within six months after the date of the enactment of this Act, the Comptroller General shall evaluate existing guidance for agencies on writing in plain language, including the guidance listed in section 4(b), and provide to the Office of Management and Budget, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report providing recommendations on-- (1) plain language guidelines; and (2) best practices for plain language. Passed the House of Representatives April 14, 2008. Attest: LORRAINE C. MILLER, Clerk.

Plain Language in Government Communications Act of 2008 - (Sec. 4) Requires each executive agency, within one year, to: (1) use plain language in any covered document issued or substantially revised after the date of the enactment of this Act; and (2) use the English language in covered documents when appropriate. Authorizes agencies to: (1) use plain language in any revision of a covered document issued on or before such date; and (2) follow the guidance of the Plain English Handbook published by the Securities and Exchange Commission (SEC), the Federal Plain Language Guidelines, or their own plain language guidance as long as it is consistent with such Handbook, Guidelines, and the Comptroller General's recommendations. Declares that nothing in this Act shall be construed to: (1) prohibit the use of a language other than English; (2) limit the preservation or use of Native Alaskan or Native American languages; (3) disparage any language or discourage any person from learning or using a language; (4) affect protections regarding language access; or (5) be inconsistent with the Constitution. Defines "covered document" to include: (1) any document relevant to obtaining a benefit or service or filing taxes; and (2) a letter, publication, form, notice, or instruction, in paper or electronic form, but not a regulation. Requires agencies to use plain language in any collection of information. Requires the Administrator of the Federal Aviation Administration (FAA), acting through the Plain Language Action and Information Network, and the SEC to report to specified congressional committees on whether the Comptroller General's recommendations about plain language guidelines and best practices have been incorporated into the Federal Plain Language Guidelines and the Plain English Handbook and, if not, why. (Sec. 5) Requires each agency head to report to specified congressional committees on how it intends to: (1) communicate the requirements of this Act to employees; (2) train employees to write in plain language; (3) meet the one year deadline; (4) ensure ongoing compliance with this Act; (5) designate a senior official to be responsible for implementing this Act; and (6) use plain language in promulgated regulations. Requires agency heads to report on efforts to meet such objectives and on compliance with this Act. Requires the Comptroller General to evaluate existing guidance for agencies on writing in plain language and report to the Office of Management and Budget (OMB) and specified congressional committees on plain language guidelines and best practices.

To enhance citizen access to Government information and services by establishing plain language as the standard style for Government documents issued to the public, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Recovery Act of 2005''. SEC. 2. EXPEDITED PAYMENTS OF FEDERAL ASSISTANCE FOR DEBRIS REMOVAL AND EMERGENCY PROTECTIVE MEASURES. (a) Expedited Payments Authorized.--Notwithstanding the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or any regulation issued pursuant to such Act, the Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Agency, shall pay to an eligible applicant, in accordance with subsection (b), 50 percent of the Federal share of assistance that the applicant is eligible to receive under section 403(b), 407(d), or 503 of such Act (42 U.S.C. 5170b(b), 5173(d), 5193). (b) Date of Payment.--A claim described in subsection (a) shall be paid not later than 60 days after the date on which such applicant files an eligible claim for assistance. (c) Definitions.--For purposes of this section: (1) Eligible applicant.--The term ``eligible applicant'' means the following: (A) A State government. (B) A local government. (C) A private non-profit organization or institution that owns or operates any private nonprofit educational, utility, emergency, medical, or custodial care facility, including a facility for the aged or disabled, or any other facility providing essential governmental services to the general public, and such facilities on Indian reservations. (D) An Indian tribe or authorized tribal organization, or an Alaska Native village or organization, but not Alaska Native Corporations, the ownership of which is vested in a private individual. (2) Eligible claim for assistance.--The term ``eligible claim for assistance'' means the following: (A) Debris removal.--A claim for the clearance, removal, or disposal of debris such as trees, sand, gravel, building components, wreckage, vehicles, and personal property, if such debris is the result of an emergency or major disaster and such clearance, removal, or disposal is necessary for any of the following: (i) To eliminate an immediate threat, as determined by the Secretary of Homeland Security, to human life, public health, or safety. (ii) To eliminate an immediate threat, as determined by the Secretary, of significant damage to public or private property. (iii) To ensure the economic recovery of the community affected by the emergency or major disaster to the benefit of such community and any other community, as determined by the Secretary. (iv) To ensure the provision of temporary public transportation service in the community affected by the emergency or major disaster pursuant to section 419 of the Robert T. Stafford Disaster and Emergency Assistance Act (42 U.S.C. 5186). (B) Emergency protective measures.--An action taken by an applicant before, during, or after an emergency or major disaster that is necessary for any of the following: (i) To eliminate or reduce an immediate threat, as determined by the Secretary of Homeland Security, to human life, public health, or safety. (ii) To eliminate or reduce an immediate hazard, as determined by the Secretary, that threatens significant damage to public or private property. (C) Other claims.--Any other claim that the Secretary of Homeland Security determines to be appropriate. (3) Emergency.--The term ``emergency'' has the meaning provided by section 102(1) of the Robert T. Stafford Disaster and Emergency Assistance Act (42 U.S.C. 5122(1)). (4) Major disaster.--The term ``major disaster'' has the meaning provided by section 102(2) of the Robert T. Stafford Disaster and Emergency Assistance Act (42 U.S.C. 5122(2)). SEC. 3. REQUIREMENT TO ENSURE DEBRIS CLEARANCE, REMOVAL, AND DISPOSAL FROM EMERGENCY ACCESS ROADS. (a) Requirement.--Any reimbursement authorized under section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173) for clearing and removing debris shall include reimbursement for clearing, removing, and disposing of debris from any emergency access road. (b) Emergency Access Road Defined.--For purposes of subsection (a), the term ``emergency access road'' means a road that requires access by emergency personnel, including firefighters, police, emergency medical personnel, or any other entity identified by the Secretary of Homeland Security that provides an emergency service after a declaration of an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). SEC. 4. INCLUSION OF DEBRIS REMOVAL FROM PRIVATE LAND AS ELIGIBLE CLAIM FOR FEDERAL ASSISTANCE. Section 408(c)(2)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(2)(A)) is amended-- (1) at the end of clause (i), by striking ``and''; (2) at the end of clause (ii), by striking the period and inserting ``; and''; and (3) by inserting after clause (ii) the following new clause: ``(iii) the removal, clearance, and disposal of debris from private property that is the result of an emergency or major disaster.''.

Disaster Recovery Act of 2005 - Requires the Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Agency, to pay an eligible disaster relief applicant 50 percent of the Federal share of assistance for which the applicant is eligible under specified sections of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, within 60 days after the applicant files a claim for such assistance. Requires authorized reimbursement for clearing and removing debris to include reimbursement for clearing, removing, and disposing of debris from any emergency access road. Authorizes Federal assistance for removing, clearing, and disposing of debris from private property.

To expedite payments of certain Federal emergency assistance authorized pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and to direct the Secretary of Homeland Security to exercise certain authority provided under such Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Water Sovereignty Protection Act''. SEC. 2. DEFINITION OF STATE. In this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the Virgin Islands. SEC. 3. USE OF STATE LAW BY UNITED STATES FOR ACQUIRING AND EXERCISING WATER RIGHTS. (a) In General.--When the United States seeks to appropriate water or acquire a water right in a State or to exercise any right with respect to a water right in a State, the United States shall be subject to all procedural and substantive laws of the State relating to the allocation, adjudication, appropriation, acquisition, use, and exercise of water rights to the same extent as a private person is subject to those laws. (b) Consent to Joinder.-- (1) In general.--Consent is given to join the United States in any administrative or judicial proceeding of a State relating to the allocation, adjudication, appropriation, acquisition, use, or exercise of a water right to the same extent as any private person may be joined in such a proceeding. (2) Waiver.--The United States, when a party to a proceeding described in paragraph (1)-- (A) shall be deemed to have waived any right to plead that the State laws are inapplicable or that the United States is not amenable to the State laws by reason of the sovereignty of the United States; and (B) shall be subject to the judgments, orders, and decrees issued in any such proceeding, and may obtain review of those judgments, orders, and decrees in the same manner and to the same extent as a private person under like circumstances. (c) No Implied Federal Reserved Water Rights.--The withdrawal, designation, or other reservation of land by the United States for any purpose (whether by statute or administrative action) does not give rise by implication to a Federal reserved right to water relating to that purpose. SEC. 4. MANAGEMENT AND CONTROL OF WATER IN A STATE. (a) In General.--Notwithstanding any other provision of law-- (1) management and control over water in a State shall be subject to and in accordance with the laws of the State in which the water is located; (2) Congress delegates to each State the authority to regulate water, including the authority to regulate water in interstate commerce (including regulation of usufructuary rights, trade, and transportation); and (3) the United States, and any agency or officer on behalf of the United States, may exercise management and control over water in a State only in compliance with the laws of the State in which the water is located. (b) Suit by Private Parties.--The United States waives sovereign immunity with respect to any claim for declaratory, equitable, or injunctive relief brought by a nongovernmental entity against the United States under the laws of a State relating to the management or control of water in the State. SEC. 5. COSTS AND FEES RELATING TO ADMINISTRATIVE OR JUDICIAL PROCEEDINGS. In any administrative or judicial proceeding in which the United States participates under this Act or section 208 of the Act of July 10, 1952 (commonly known as the ``McCarran Amendment'') (43 U.S.C. 666), the United States shall be subject to the imposition of costs and fees to the same extent as costs and fees may be imposed on a private person. SEC. 6. SAVINGS PROVISIONS AND DISCLAIMERS. (a) In General.--Nothing in this Act-- (1) permits an appropriation of water under State law that interferes with any treaty or other international agreement to which the United States is a party; or (2) affects, impairs, diminishes, subordinates, or enlarges-- (A) any right of the United States or any State to water under any treaty or other international agreement to which the United States is a party or under any interstate compact; or (B) any obligation of the United States to any Indian or Indian tribe relating to water, or any claim or right owned or held by or for any Indian or Indian tribe relating to water, including any obligation, claim, or right under any Indian water compact. (b) No Effect on Other Acts.--Nothing in this Act affects or modifies-- (1) section 208 of the Act of July 10, 1952 (43 U.S.C. 666); (2) the Submerged Lands Act (43 U.S.C. 1301 et seq.); or (3) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

State Water Sovereignty Protection Act - Directs the United States, when it seeks to appropriate water or acquire a water right in a State, to be subject to all procedural and substantive laws of that State relating to its water rights and uses. Gives consent to join the United States in any State proceeding relating to the allocation or use of a water right.Subjects management and control of water in a State to the laws of such State. Delegates to each State the authority to regulate water. Allows the United States to exercise management and control of water in a State only in compliance with that State's laws.Subjects the United States to the imposition of costs and fees in a proceeding to the same extent as a private person.

A bill to preserve the authority of States over water within their boundaries, to delegate to States the authority of Congress to regulate water, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Benefits Protection Act of 2005''. SEC. 2. PROPER ADMINISTRATION OF INTERNAL REVENUE LAWS AND NONDISCRIMINATION REQUIREMENTS. (a) In General.--The Secretary of the Treasury shall take no action in contravention of section 204(b)(1)(G), 204(b)(1)(H)(i), or 204(g) of the Employee Retirement Income Security Act of 1974, section 411(b)(1)(G), 411(b)(1)(H)(i), or 411(d)(6) of the Internal Revenue Code of 1986, or section 4(i)(1)(A) of the Age Discrimination in Employment Act of 1967. (b) Directive.--The Secretary of the Treasury shall apply section 411(b)(1)(H) of the Internal Revenue Code of 1986 without regard to the portion of the preamble to Treasury Decision 8360 (56 Fed. Reg. 47524- 47603, September 19, 1991) which relates to the allocation of interest adjustments through normal retirement age under a cash balance plan, as such preamble is and has been since its adoption without the force of law. SEC. 3. PROTECTION OF PARTICIPANTS FROM CONVERSIONS TO HYBRID DEFINED BENEFIT PLANS. (a) Election to Maintain Rate of Accrual in Effect Before Plan Amendment.-- (1) Amendment to erisa.--Section 204(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(b)(1)) is amended by adding at the end the following new subparagraph: ``(I)(i) Notwithstanding the preceding subparagraphs, in the case of a plan amendment to a defined benefit plan-- ``(I) which has the effect of converting the plan to a plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age (or which has a similar effect as determined under regulations issued under clause (iv)), and ``(II) which has the effect of reducing the rate of future benefit accrual of 1 or more participants, such plan shall be treated as not satisfying the requirements of this paragraph unless such plan meets the requirements of clause (ii). ``(ii) A plan meets the requirements of this clause if the plan provides each participant who has attained 40 years of age or 10 years of service (as determined under section 203) under the plan at the time such amendment takes effect with-- ``(I) notice of the plan amendment indicating that it has such effect, including a comparison of the present and projected values of the accrued benefit determined both with and without regard to the plan amendment, and ``(II) an election upon retirement to either receive benefits under the terms of the plan as in effect at the time of retirement or to receive benefits under the terms of the plan as in effect immediately before the effective date of such plan amendment (taking into account all benefit accruals under such terms since such date). ``(iii) For purposes of clause (i), an accrued benefit shall include any early retirement benefit or retirement-type subsidy (within the meaning of subsection (g)(2)(A)), but only with respect to a participant who satisfies (either before or after the effective date of the amendment) the conditions for the benefit or subsidy under the terms of the plan as in effect immediately before such date. ``(iv) The Secretary shall issue regulations under which any plan amendment which has an effect similar to the effect described in clause (i)(I) shall be treated as a plan amendment described in clause (i)(I). Such regulations may provide that if a plan sponsor represents in communications to participants and beneficiaries that a plan amendment has an effect described in the preceding sentence, such plan amendment shall be treated as a plan amendment described in clause (i)(I).''. (2) Amendment to internal revenue code.--Section 411(b)(1) of the Internal Revenue Code of 1986 (relating to accrued benefit requirements for defined benefit plans) is amended by adding at the end the following new subparagraph: ``(I) Election to maintain rate of accrual in effect before certain plan amendments.-- ``(i) In general.--Notwithstanding the preceding subparagraphs, in the case of a plan amendment to a defined benefit plan-- ``(I) which has the effect of converting the plan to a plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age (or which has a similar effect as determined under regulations issued under clause (iv)), and ``(II) which has the effect of reducing the rate of future benefit accrual of 1 or more participants, such plan shall be treated as not satisfying the requirements of this paragraph unless such plan meets the requirements of clause (ii). ``(ii) Requirements.--A plan meets the requirements of this clause if the plan provides each participant who has attained 40 years of age or 10 years of service (as determined under subsection (a)) under the plan at the time such amendment takes effect with-- ``(I) notice of the plan amendment indicating that it has such effect, including a comparison of the present and projected values of the accrued benefit determined both with and without regard to the plan amendment, and ``(II) an election upon retirement to either receive benefits under the terms of the plan as in effect at the time of retirement or to receive benefits under the terms of the plan as in effect immediately before the effective date of such plan amendment (taking into account all benefit accruals under such terms since such date). ``(iii) Treatment of early retirement benefits and retirement-type subsidies.--For purposes of clause (i), an accrued benefit shall include any early retirement benefit or retirement-type subsidy (within the meaning of subsection (d)(6)(B)(i)), but only with respect to a participant who satisfies (either before or after the effective date of the amendment) the conditions for the benefit or subsidy under the terms of the plan as in effect immediately before such date. ``(iv) Regulations.--The Secretary shall issue regulations under which any plan amendment which has an effect similar to the effect described in clause (i)(I) shall be treated as a plan amendment described in clause (i)(I). Such regulations may provide that if a plan sponsor represents in communications to participants and beneficiaries that a plan amendment has an effect described in the preceding sentence, such plan amendment shall be treated as a plan amendment described in clause (i)(I).''. (b) Effective Date and Related Rules.-- (1) In general.--The amendments made by this section apply to plan amendments taking effect before, on, or after the date of the enactment of this Act. (2) Special rule.--In the case of a plan amendment taking effect before 90 days after the date of the enactment of this Act, the requirements of section 204(b)(1)(I) of the Employee Retirement Income Security Act of 1974 (as added by this section) and section 411(b)(1)(I) of the Internal Revenue Code of 1986 (as added by this section) shall be treated as satisfied in connection with such plan amendment, in the case of any participant described in such sections 204(b)(1)(I) and 411(b)(1)(I) in connection with such plan amendment, if, as of the end of such 90-day period-- (A) the notice described in clause (i)(I) of such section 204(b)(1)(I) and clause (i)(I) of such section 411(b)(1)(I) in connection with such plan amendment has been provided to such participant, and (B) the plan provides for the election described in clause (i)(II) of such section 204(b)(1)(I) and clause (i)(II) of such section 411(b)(1)(I) in connection with such participant's retirement under the plan. SEC. 4. PREVENTION OF WEARING AWAY OF EMPLOYEE'S ACCRUED BENEFIT. (a) Amendment to ERISA.--Section 204(g) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(g)) is amended by adding at the end the following new paragraph: ``(6)(A) For purposes of paragraph (1), an applicable plan amendment adopted by a large defined benefit plan shall be treated as reducing accrued benefits of a participant if, under the terms of the plan after the adoption of the amendment, the accrued benefit of the participant may at any time be less than the sum of-- ``(i) the participant's accrued benefit for years of service before the effective date of the amendment, determined under the terms of the plan as in effect immediately before the effective date, plus ``(ii) the participant's accrued benefit determined under the formula applicable to benefit accruals under the current plan as applied to years of service after such effective date. ``(B) For purposes of this paragraph-- ``(i) The term `applicable plan amendment' means a plan amendment which has the effect of converting the plan to a plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age (or which has a similar effect as determined under regulations of the Secretary). ``(ii) The term `large defined benefit plan' means any defined benefit plan which had 100 or more participants who had accrued a benefit under the plan (whether or not vested) as of the last day of the plan year preceding the plan year in which the plan amendment becomes effective. ``(iii) An accrued benefit shall include any early retirement benefit or retirement-type subsidy (within the meaning of paragraph (2)(A)), but only with respect to a participant who satisfies (either before or after the effective date of the amendment) the conditions for the benefit or subsidy under the terms of the plan as in effect immediately before such date.''. (b) Amendment to Internal Revenue Code.--Section 411(d)(6) of the Internal Revenue Code of 1986 (relating to accrued benefit may not be decreased by amendment) is amended by adding at the end the following new subparagraph: ``(F) Treatment of plan amendments wearing away accrued benefit.-- ``(i) In general.--For purposes of subparagraph (A), an applicable plan amendment adopted by a large defined benefit plan shall be treated as reducing accrued benefits of a participant if, under the terms of the plan after the adoption of the amendment, the accrued benefit of the participant may at any time be less than the sum of-- ``(I) the participant's accrued benefit for years of service before the effective date of the amendment, determined under the terms of the plan as in effect immediately before the effective date, plus ``(II) the participant's accrued benefit determined under the formula applicable to benefit accruals under the current plan as applied to years of service after such effective date. ``(ii) Definitions.--For purposes of this subparagraph-- ``(I) Applicable plan amendment.-- The term `applicable plan amendment' means a plan amendment which has the effect of converting the plan to a plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age (or which has a similar effect as determined under regulations of the Secretary). ``(II) Large defined benefit plan.--The term `large defined benefit plan' means any defined benefit plan which had 100 or more participants who had accrued a benefit under the plan (whether or not vested) as of the last day of the plan year preceding the plan year in which the plan amendment becomes effective. ``(III) Protected accrued benefit.--An accrued benefit shall include any early retirement benefit or retirement-type subsidy (within the meaning of subparagraph (B)(i)), but only with respect to a participant who satisfies (either before or after the effective date of the amendment) the conditions for the benefit or subsidy under the terms of the plan as in effect immediately before such date.''. (c) Effective Date and Related Rules.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section apply to plan amendments taking effect before, on, or after the date of the enactment of this Act. (2) Special rule.--Notwithstanding paragraph (1), the amendments made by this section shall not apply in connection with any participant with respect to any plan amendment which has taken effect before 90 days after the date of the enactment of this Act if, as of the end of such 90-day period, the plan provides that the participant's accrued benefit shall at no time be less than the sum described in section 204(g)(6)(A) of the Employee Retirement Income Security Act of 1974 (as added by this section) or section 411(d)(6)(F)(i) of the Internal Revenue Code of 1986 (as added by this section) in connection with such plan amendment.

Pension Benefits Protection Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code with respect to pension benefits of employees in defined benefit plans. Directs the Secretary of the Treasury to apply Code provisions regarding continued accrual of benefits beyond normal retirement age under a defined benefit plan, which prohibit certain discrimination based on age, without regard to the portion of the preamble to a specified Treasury Decision which relates to allocation of interest adjustments through normal retirement age under a cash balance plan. Prohibits forced conversions of certain defined benefit plan participants to cash balance plans, and other such plans that are hybrids of defined benefit and defined contribution plans, by plan amendments which: (1) change the way the accrued benefits to participants or beneficiaries are expressed; and (2) reduce the rate of future benefit accrual of one or more participants. Requires employers, at the time such amendment takes effect, to provide employees who have attained 40 years of age or 10 years of service with certain notices and an election upon retirement to receive benefits as determined either under the plan in effect at time of retirement or under the plan in effect immediately before the plan amendment. Sets forth a formula to determine when a plan amendment adopted by a large (100 or more participants) defined benefit plan shall be treated as wearing away accrued benefits.

To amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to protect pension benefits of employees in defined benefit plans and to direct the Secretary of the Treasury to enforce the age discrimination requirements of the Internal Revenue Code of 1986.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commission on an Open Society with Security Act''. SEC. 2. FINDINGS. Congress finds that-- (1) an open society which affords free access to public facilities and spaces and which protects the right to engage in open discussion is an essential premise of American governmental institutions and democratic values; (2) the United States is currently facing a challenge to the safety and security of the public, public employees, and public facilities and spaces that is unique in the history of this Nation; (3) to meet this challenge without eroding or harming any of the basic tenets of the Republic and of our democracy, this Nation needs to assemble the best thinking available; and (4) a commission of experts from a broad base of disciplines and backgrounds is necessary to examine all the factors that should be considered in securing public safety from terrorist attacks while maintaining the highest level of free and open access to the public. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``United States Commission on an Open Society with Security'' (in this Act referred to as the ``Commission''). (b) Composition.--The Commission shall be composed of 21 members appointed by the President from among individuals representing such fields or groups as the following: architecture, technology, civil libertarians, humanists, members of the armed forces, Federal Government employees, city planners, business leaders, lawyers, artists, public building security, engineers, philosophers, historians, sociologists, and psychologists. The President shall designate one of those members to be the Chairperson of the Commission. (c) Terms; Quorum; Meetings; Vacancies.--Members shall be appointed for the life of the Commission. Nine members of the Commission shall constitute a quorum, but a lesser number may hold hearings. After its initial meeting, the Commission shall meet at the call of the Chairperson of the Commission or a majority of its members. Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment. (d) Appointments; Initial Meeting.-- (1) Appointments.--It is the sense of Congress that the members of the Commission should be appointed by not later than 90 days after the date of enactment of this Act. (2) Initial meeting.--If, after 90 days following the date of enactment of this Act, 9 or more members of the Commission have been appointed, the members who have been appointed may meet, and the Chairperson shall have the authority to begin the operations of the Commission, including the hiring of staff. SEC. 4. FUNCTIONS OF COMMISSION. (a) In General.--The Commission shall study and make findings and recommendations relating to the question of how the Government of the United States may provide, in a balanced manner, for both security in and public access to Federal buildings and other Federal property and sites. (b) Matters To Be Examined.--In carrying out this Act, the Commission shall specifically examine matters that relate to the security of, and open access to, public facilities and spaces, including-- (1) Federal, other governmental, and private security practices and proposals, building design, public space management, counterterrorism needs, and refurbishment of existing Federal facilities; (2) the effect of access to public facilities and spaces on-- (A) maintenance of security and safety; (B) free speech, the right to petition the Government, and other constitutional rights and civil liberties; (C) economies of affected jurisdictions or parts thereof; (D) physical changes and architectural aesthetics of affected areas; (E) traffic and congestion; and (F) job performance of employees within the affected facilities; (3) current and potential uses of technology to augment or replace traditional modes of security; (4) practices of and comparisons with other entities and nations; and (5) current and potential analytical methods of assessing the risks posed by the various forms of terrorism, balanced against the specific needs and values of open access. (c) Coordination of Activities.--The Commission shall take appropriate measures to avoid unnecessary duplication of efforts previously or currently being undertaken by any other person or entity. SEC. 5. POWERS OF COMMISSION. (a) In General.--The Commission or, on the authorization of the Commission, any member or agent of the Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate to carry out this Act. (b) Obtaining Official Information.--The Commission may secure directly from any department, agency, or other entity of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of such governmental entity shall furnish, to the extent authorized by law, such information to the Commission. (c) Security.-- (1) Security clearances.--The members and staff of the Commission shall hold, as a condition of appointment to or employment with the Commission, appropriate security clearances for access to the classified briefing, records, and materials to be reviewed by the Commission or its staff and shall follow the guidance and practices on security under applicable Executive orders and agency directives. (2) Conditions to granting access.--The head of an agency shall require, as a condition of granting access to a member of the Commission or a member of the staff of the Commission to classified records or materials of the agency under this Act, require the member to-- (A) execute an agreement regarding the security of such records or materials that is approved by the head of the agency; and (B) hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials. (3) Restriction on use.--The members of the Commission and the members of the staff of the Commission may not use any information acquired in the course of their official activities on the Commission for nonofficial purposes. (4) Need to know.--For purposes of any law or regulation governing access to classified information that pertains to the national security of the United States and to facilitate the advisory functions of the Commission under this Act, a member of the Commission or a member of the staff of the Commission seeking access to a record or material under this Act shall be deemed for purposes of this subsection to have a need to know the contents of the record or material. (5) Rule of construction.--A reference in this subsection to the ``staff of the Commission'' includes individuals described in sections 6(d) and 6(e). (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Administrative Support Services.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. SEC. 6. PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission shall not be compensated by reason of their service on the Commission. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.--Subject to such rules as the Commission may prescribe, the Chairperson of the Commission, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates), may appoint and fix the pay of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions; except that no rate of pay fixed under this subsection may exceed the maximum rate of basic pay payable for GS-15 of the General Schedule. (d) Staff of Federal Agencies.--Upon request of the Chairperson of the Commission, the head of any department or agency of the United States may detail, on a nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this Act. (e) Experts and Consultants.--With the approval of the Commission, the Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the maximum rate of basic pay payable for GS-15 of the General Schedule. SEC. 7. REPORT. (a) Submission to the President.--The Commission shall transmit its final report to the President not later than 2 years after the initial meeting of the Commission. Such report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative, administrative, or other action as the Commission considers appropriate. (b) Submission to the Congress.--Not later than 6 months after receiving the final report of the Commission under subsection (a), the President shall transmit such report to Congress, together with any comments or recommendations (including any proposed legislation) which the President considers appropriate. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate on the 90th day after the date on which the Commission is required to submit its final report under section 7(a). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $5,000,000 for fiscal year 2008; and (2) $5,000,000 for fiscal year 2010.

United States Commission on an Open Society with Security Act - Establishes the United States Commission on an Open Society with Security to study how the government may provide for both security in, and public access to, federal buildings and other federal property and sites.

To establish the United States Commission on an Open Society with Security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Message Preservation Act of 2015''. SECTION 2. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER RECORDS. (a) Requirement for Preservation of Electronic Messages.--Chapter 29 of title 44, United States Code is amended by adding at the end the following new section: ``Sec. 2912. Preservation of electronic messages and other records ``(a) Regulations Required.--Not later than 120 days after the date of the enactment of this section, the Archivist shall promulgate regulations governing Federal agency preservation of electronic messages that are determined to be records (as such term is defined under section 3301 of this title). Such regulations shall, at a minimum-- ``(1) require the electronic capture, management, and preservation of such electronic records in accordance with the records disposition requirements of chapter 33 of this title; ``(2) require that such electronic records are readily accessible for retrieval through electronic searches; and ``(3) include timelines for Federal agency compliance with the regulations that ensure compliance as expeditiously as practicable but not later than December 31, 2016. ``(b) Ensuring Compliance.--Not later than 2 years after the date of the enactment of this section, the Archivist shall promulgate regulations that-- ``(1) establish mandatory minimum functional requirements for electronic records management systems to ensure compliance with the requirements in paragraphs (1) and (2) of subsection (a); and ``(2) establish a process to ensure that Federal agencies' electronic records management systems meet the functional requirements established under paragraph (1). ``(c) Coverage of Other Electronic Records.--To the extent practicable, the regulations promulgated under subsections (a) and (b) shall also include requirements for the capture, management, and preservation of other electronic records. ``(d) Compliance by Federal Agencies.--Each Federal agency shall comply with the regulations promulgated under subsections (a) and (b). ``(e) Review of Regulations Required.--The Archivist shall periodically review and, as necessary, amend the regulations promulgated under subsections (a) and (b). ``(f) Reports on Implementation of Regulations.-- ``(1) Agency report to archivist.--Not later than December 31, 2017, the head of each Federal agency shall submit to the Archivist a report on the agency's compliance with the regulations promulgated under this section and shall make the report publicly available on the website of the agency. ``(2) Archivist report to congress.--Not later than 90 days after receipt of all reports required by paragraph (1), the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on Federal agency compliance with the regulations promulgated under subsection (a) and shall make the report publicly available on the website of the agency.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 29 of title 44, United States Code, is amended by adding after the item relating to section 2911 the following new item: ``2912. Preservation of electronic messages and other records.''. (c) Definitions.--Section 2901 of title 44, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (14); and (2) by striking paragraph (15) and inserting the following new paragraphs: ``(15) the term `electronic messages' means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals; and ``(16) the term `electronic records management system' means software designed to manage electronic records, including by-- ``(A) categorizing and locating records; ``(B) ensuring that records are retained as long as necessary; ``(C) identifying records that are due for disposition; and ``(D) ensuring the storage, retrieval, and disposition of records.''. SEC. 3. PRESIDENTIAL RECORDS. (a) Additional Regulations Relating to Presidential Records.-- (1) In general.--Section 2206 of title 44, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following: ``(5) provisions for establishing standards necessary for the economical and efficient management of electronic Presidential records during the President's term of office, including-- ``(A) records management controls necessary for the capture, management, and preservation of electronic messages; ``(B) records management controls necessary to ensure that electronic messages are readily accessible for retrieval through electronic searches; and ``(C) a process to ensure the electronic records management system to be used by the President for the purposes of complying with the requirements in subparagraphs (A) and (B).''. (2) Definitions.--Section 2201 of title 44, United States Code, is amended by adding at the end the following new paragraphs: ``(6) The term `electronic messages' has the meaning given that term under section 2901(15) of this title. ``(7) The term `electronic records management system' has the meaning given that term under section 2901(16) of this title.''. (b) Certification of President's Management of Presidential Records.-- (1) Certification required.--Chapter 22 of title 44, United States Code, is amended by adding at the end the following new section: ``Sec. 2210. Certification of the President's management of Presidential records ``(a) Annual Certification.--The Archivist shall annually certify whether the electronic records management controls established by the President meet requirements under sections 2203(a) and 2206(5) of this title. ``(b) Report to Congress.--The Archivist shall report annually to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives on the status of the certification.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 22 of title 44, United States Code, is amended by adding at the end the following new item: ``2210. Certification of the President's management of Presidential records.''. (c) Report to Congress.--Section 2203(g) of title 44, United States Code, is amended by adding at the end the following: ``(4) One year following the conclusion of a President's term of office, or if a President serves consecutive terms one year following the conclusion of the last term, the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on-- ``(A) the volume and format of electronic Presidential records deposited into that President's Presidential archival depository; and ``(B) whether the electronic records management controls of that President met the requirements under sections 2203(a) and 2206(5) of this title.''. (d) Effective Date.--The amendments made by this section shall take effect one year after the date of the enactment of this Act.

. Electronic Message Preservation Act of 2015 (Sec. 2) This bill requires the Archivist of the United States to promulgate regulations governing federal agency preservation of electronic messages that are federal records and to periodically review and amend, as necessary, such regulations. Such regulations, at a minimum, shall: (1) require the electronic capture, management, and preservation of such electronic records in accordance with the Federal Records Act; (2) require such records to be retrievable through electronic searches; and (3) include timelines for federal agency compliance with the regulations that ensure compliance not later than December 31, 2016. The Archivist shall promulgate regulations not later than two years after the enactment of this Act that: (1) establish mandatory minimum functional requirements for electronic records management systems and a process to ensure that such systems meet the functional requirements; and (2) include requirements for the capture, management, and preservation of other electronic records. The bill defines "electronic records management system" as software designed to manage electronic records, including by categorizing and locating records, ensuring that records are retained as long as necessary, identifying records that are due for disposition, and ensuring the storage, retrieval, and disposition of records. Federal agency heads must report to the Archivist on agency compliance with the regulations promulgated by this Act and make such reports publicly available on the agency's website. (Sec. 3) The bill requires the Archivist to: (1) establish standards for the management of electronic presidential records during a President's term of office, including records management controls necessary for the capture, management, and preservation of electronic messages and for ensuring that electronic messages are readily accessible for retrieval through electronic searches; (2) certify annually whether electronic records management controls established by a President meet the requirements of the Presidential Records Act; and (3) report annually to specified congressional committees on the status of such certification. The Archivist must report to Congress one year after the conclusion of a President's term of office on: (1) the volume and format of electronic presidential records deposited into the presidential archival depository, and (2) whether electronic records management controls of a President met the requirements of this Act and the Presidential Records Act.

Electronic Message Preservation Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Victim Restitution Enhancement Act of 1995''. SEC. 2. RESTITUTION. Section 3663 of title 18, United States Code, is amended-- (1) in subsection (f)-- (A) by striking paragraphs (1) through (3); (B) by inserting the following new paragraph: ``(1)(A) The order of restitution shall require the defendant to-- ``(i) submit a sworn statement listing all assets owned or controlled by the defendant; and ``(ii) make payment immediately, unless, in the interest of justice, the court provides for payment on a date certain or in installments. ``(B) If the court provides for payment in installments, the installments shall be in equal monthly payments over a payment period prescribed by the court unless the court establishes another schedule. ``(C) If the order of restitution permits other than immediate payment, the payment period shall not exceed 5 years, excluding any term of imprisonment served by the defendant for the offense.''; (C) by redesignating paragraph (4) as paragraph (2); and (D) by amending paragraph (2), as so redesignated, by striking ``under this section,'' and all that follows through the end of the paragraph and inserting ``under this section.''; (2) in subsection (h)-- (A) by striking ``(h) An order'' and inserting ``(h)(1) Subject to paragraph (2), an order''; (B) by redesignating paragraphs (1)(A), (1)(B), and (2) as subparagraphs (A)(i), (A)(ii), and (B), respectively; and (C) by adding at the end the following new paragraph: ``(2) Notwithstanding any other law that applies a shorter time limitation, a victim may bring an action to enforce an order of restitution on or until the date that is 20 years after the date of the order.''; and (3) by adding at the end the following new subsections: ``(j) No discharge of debt pursuant to a bankruptcy proceeding shall render an order of restitution under this section unenforceable or discharge liability to pay restitution. ``(k)(1) An order of restitution imposed pursuant to this section or by any State court is a lien in favor of the designated agent for a victim of crime entitled to restitution by reason of any Federal or State law, or if such victim cannot be identified, in favor of the United States or any State agency charged with providing restitution to victims of crime, upon all property belonging to the person against whom restitution is ordered. The lien arises at the time of the entry of the order and continues until the liability is satisfied, remitted, or set aside. The court ordering restitution shall notify all potential claimants entitled to restitution. On application of the person against whom restitution is ordered, the Attorney General or any other person or entity holding a lien pursuant to this section, shall-- ``(A) issue a certificate of release, as described in section 6325 of the Internal Revenue Code, of any lien imposed pursuant to this section, upon his acceptance of a bond described in section 6325(a)(2) of the Internal Revenue Code; or ``(B) issue a certificate of discharge, as described in section 6325 of the Internal Revenue Code, of any part of the person's property subject to a lien imposed pursuant to this subsection, upon his determination that the fair market value of that part of such property remaining subject to and available to satisfy the lien is at least three times the amount of the restitution ordered. ``(2) The provisions of sections 6323, 6331, 6332, 6334 through 6336, 6337(a), 6338 through 6343, 6901, 7402, 7403, 7424 through 7426, 7505(a), 7506, 7701, and 7805 of the Internal Revenue Code of 1986 and of section 513 of the Act of October 17, 1940 (54 Stat. 1190), apply to an order of restitution and to the lien imposed by paragraph (1) as if the liability of the person against whom restitution is ordered were for an internal revenue tax assessment where the Attorney General is the lienholder, except to the extent that the application of such statutes is modified by regulations issued by the Attorney General to accord with differences in the nature of the liabilities. For the purposes of this paragraph references in the preceding sections of the Internal Revenue Code of 1986 to `the Secretary' shall be construed to mean `the Attorney General' and references in those sections to `tax' shall be construed to mean `order of restitution'. ``(3) A notice of the lien imposed by paragraph (1) shall be considered a notice of lien for taxes payable to the United States for the purposes of any State or local law providing for the filing of a notice of a tax lien. The registration, recording, docketing, or indexing, in accordance with section 1962 of title 28, United States Code, of the judgment under which an order of restitution is imposed shall be considered for all purposes as the filing prescribed by section 6323(f)(1)(A) of the Internal Revenue Code of 1986. ``(4) Notwithstanding any other provision of this subsection, an order of restitution may be enforced by execution against the property of the person against whom it is ordered in like manner as judgments in civil cases. ``(5) No discharge of debts pursuant to a bankruptcy proceeding shall render a lien under this section unenforceable. ``(6)(A) If a person against whom restitution is ordered and whose assets are subject to a lien under this subsection files any civil action seeking money damages, including an action filed during a period of incarceration, such person shall serve notice, at the expense of that person, of the filing of the action upon each person entitled to receive restitution, or the designated agent of such person, and the Attorney General. ``(B) Failure to timely provide actual notice shall be grounds for dismissal of the underlying civil action. ``(C) A person entitled to receive restitution under this section, the Office of Victims of Crime of the Department of Justice, or any agency or instrumentality of any State charged with providing restitution to victims of crime, may intervene in the civil action described in subparagraph (A) if the court determines that such intervention would be in the interests of justice.''. SEC. 3. COSTS RECOVERABLE. Section 1918(b) of title 28, United States Code, is amended by inserting before the period the following: ``, including any amount advanced to purchase contraband in a sting operation during the investigation resulting in the conviction''.

Victim Restitution Enhancement Act of 1995 - Amends the Federal criminal code to provide that a restitution order shall require the defendant to submit a sworn statement listing all owned or controlled assets and to make payment immediately unless, in the interest of justice, the court provides for payment on a date certain or in installments. Specifies that: (1) installments shall be in equal monthly payments over a prescribed period; and (2) a payment period shall not exceed five years, excluding any term of imprisonment served by the defendant for the offense. Authorizes a victim to bring an action to enforce a restitution order until 20 years after the date of the order. Specifies that no discharge of debt pursuant to a bankruptcy proceeding shall render an order of restitution unenforceable or discharge liability to pay restitution. Declares that a restitution order constitutes a lien upon all property belonging to the defendant in favor of the designated agent for a crime victim (or, if such victim cannot be identified, in favor of the United States or any State agency charged with providing restitution to crime victims). Directs the court ordering restitution to notify all potential claimants entitled to restitution. Sets forth provisions regarding: (1) a requirement that the Attorney General or others holding such a lien issue a certificate of release or of discharge under specified circumstances; and (2) the applicability of various provisions of the Internal Revenue Code to such restitution orders and liens. Allows an order of restitution to be enforced by execution against property in like manner as judgments in civil cases. Requires a person against whom restitution is ordered, whose assets are subject to such a lien, and who files any civil action seeking money damages (including an action filed during a period of incarceration) to notify the Attorney General and each person entitled to receive restitution of the filing of the action. Makes failure to timely provide actual notice grounds for dismissal of the underlying civil action. Permits a person entitled to receive restitution, the Office of Victims of Crime of the Department of Justice, or any State agency charged with providing restitution to crime victims to intervene in such a civil action if the court determines that such intervention would be in the interests of justice. Amends the Federal judicial code to require that court costs include any amount advanced to purchase contraband in a sting operation during the investigation resulting in a conviction.

Victim Restitution Enhancement Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Utah Recreational Land Exchange Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the land located in Grand, San Juan, and Uintah Counties, Utah, that is identified on the maps as-- (A) ``BLM Subsurface only Proposed for Transfer to State Trust Lands''; (B) ``BLM Surface only Proposed for Transfer to State Trust Lands''; and (C) ``BLM Lands Proposed for Transfer to State Trust Lands''. (2) Grand county map.--The term ``Grand County Map'' means the map prepared by the Bureau of Land Management entitled ``Utah Recreational Land Exchange Act Grand County'', dated November 13, 2008, and relating to the exchange of Federal land and non-Federal land in Grand and San Juan Counties, Utah. (3) Maps.--The term ``maps'' means the Grand County Map and the Uintah County Map. (4) Non-federal land.--The term ``non-Federal land'' means the land in Grand, San Juan, and Uintah Counties, Utah, that is identified on the maps as-- (A) ``State Trust Land Proposed for Transfer to BLM''; and (B) ``State Trust Minerals Proposed for Transfer to BLM''. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Utah, as trustee under the Utah State School and Institutional Trust Lands Management Act (Utah Code Ann. 53C-1-101 et seq.). (7) Uintah county map.--The term ``Uintah County Map'' means the map prepared by the Bureau of Land Management entitled ``Utah Recreational Land Exchange Act Uintah County'', dated November 13, 2008, and relating to the exchange of Federal land and non-Federal land in Uintah County, Utah. SEC. 3. EXCHANGE OF LAND. (a) In General.--If the State offers to convey to the United States title to the non-Federal land, the Secretary shall-- (1) accept the offer; and (2) on receipt of all right, title, and interest of the State in and to the non-Federal land, convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Conditions.--The exchange authorized under subsection (a) shall be subject to-- (1) valid existing rights; (2) except as otherwise provided by this section-- (A) section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); and (B) any other applicable laws; and (3) any additional terms and conditions that the Secretary and the State mutually determine to be appropriate. (c) Title Approval.--Title to the Federal land and non-Federal land to be exchanged under this section shall be in a format acceptable to the Secretary and the State. (d) Appraisals.-- (1) In general.--The value of the Federal land and the non- Federal land shall be determined by appraisals conducted by 1 or more independent appraisers selected jointly by the Secretary and the State. (2) Applicable law.--The appraisals conducted under paragraph (1) shall be conducted in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). (3) Approval.--The appraisals conducted under paragraph (1) shall be submitted to the Secretary and the State for approval. (4) Adjustment.-- (A) In general.--If value is attributed to any parcel of Federal land because of the presence of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the value of the parcel (as otherwise established under this subsection) shall be reduced by the percentage of the Federal revenue sharing with a State under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)). (B) Limitation.--An adjustment under subparagraph (A) shall not be considered as a property right of the State. (5) Availability of appraisals.-- (A) In general.--All final appraisals, appraisal reviews, and determinations of value for land to be exchanged under this section shall be available for public review at the Utah State Office of the Bureau of Land Management at least 30 days before the conveyance of the applicable parcels. (B) Publication.--The Secretary or the State, as applicable, shall publish in a newspaper of general circulation in Salt Lake County, Utah, a notice that the appraisals are available for public inspection. (e) Conveyance of Parcels in Phases.-- (1) In general.--Notwithstanding that appraisals for all of the parcels of Federal land and non-Federal land may not have been approved under subsection (d)(3), parcels of the Federal land and non-Federal land may be exchanged under subsection (a) in 3 phases beginning on the date on which the appraised values of the parcels included in the applicable phase are approved under this subsection. (2) Phases.--The 3 phases referred to in paragraph (1) are-- (A) phase 1, consisting of the non-Federal land identified as ``phase one'' land on the Grand County Map; (B) phase 2, consisting of the non-Federal land identified as ``phase two'' land on the Grand County Map and the Uintah County Map; and (C) phase 3, consisting of any remaining non- Federal land that is not identified as ``phase one'' land or ``phase two'' land on the Grand County Map or the Uintah County Map. (3) No agreement on exchange.--If agreement has not been reached with respect to the exchange of an individual parcel of Federal land or non-Federal land, the Secretary and the State may agree to set aside the individual parcel to allow the exchange of the other parcels of Federal land and non-Federal land to proceed. (4) Timing.--It is the intent of Congress that at least the first phase of the exchange of land authorized by subsection (a) be completed not later than 360 days after the date on which the State makes the Secretary an offer to convey the non- Federal land under that subsection. (f) Reservation of Interest in Oil Shale.-- (1) In general.--With respect to Federal land that contains oil shale resources, the Secretary shall reserve an interest in the portion of the mineral estate that contains the oil shale resources. (2) Extent of interest.--The interest reserved by the United States under paragraph (1) shall consist of-- (A) 50 percent of any bonus bid or other payment received by the State as consideration for securing any lease or authorization to develop oil shale resources; (B) the amount that would have been received by the Federal Government under the applicable royalty rate if the oil shale resources had been retained in Federal ownership; and (C) 50 percent of any other payment received by the State pursuant to any lease or authorization to develop the oil shale resources. (3) Payment.--Any amounts due under paragraph (2) shall be paid by the State to the United States not less than quarterly. (4) No obligation to lease.--The State shall not be obligated to lease or otherwise develop oil shale resources in which the United States retains an interest under this subsection. (5) Valuation.--Federal land in which the Secretary reserves an interest under this subsection shall be appraised-- (A) without regard to the presence of oil shale; and (B) in accordance with subsection (d). (g) Withdrawal of Federal Land Prior to Exchange.--Subject to valid existing rights, during the period beginning on the date of enactment of this Act and ending on the earlier of the date that the Federal land is removed from the exchange or the date on which the Federal land is conveyed under this Act, the Federal land is withdrawn from-- (1) disposition (other than disposition under section 4) under the public land laws; (2) location, entry, and patent under the mining laws; and (3) the operation of-- (A) the mineral leasing laws; (B) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); and (C) the first section of the Act of July 31, 1947 (commonly known as the ``Materials Act of 1947'') (30 U.S.C. 601). (h) Appurtenant Water Rights.--Any conveyance of a parcel of Federal land or non-Federal land under this Act shall include the conveyance of water rights appurtenant to the parcel conveyed. (i) Equal Value Exchange.-- (1) In general.--The value of the Federal land and non- Federal land to be exchanged under this Act-- (A) shall be equal; or (B) shall be made equal in accordance with paragraph (2). (2) Equalization.-- (A) Surplus of federal land.--If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State-- (i) by reducing the acreage of the Federal land to be conveyed; or (ii) by adding additional State land to the non-Federal land to be conveyed. (B) Surplus of non-federal land.--If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized by reducing the acreage of the non-Federal land to be conveyed, as determined to be appropriate and acceptable by the Secretary and the State. (3) Notice and public inspection.-- (A) In general.--If the Secretary and the State determine to add or remove land from the exchange, the Secretary or the State shall-- (i) publish in a newspaper of general circulation in Salt Lake County, Utah, a notice that identifies when and where a revised exchange map will be available for public inspection; and (ii) transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a copy of the revised exchange map. (B) Limitation.--The Secretary and the State shall not add or remove land from the exchange until at least 30 days after the date on which the notice is published under subparagraph (A)(i) and the map is transmitted under subparagraph (A)(ii). SEC. 4. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE. (a) Administration of Non-Federal Land.-- (1) In general.--Subject to paragraph (2) and in accordance with section 206(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(c)), the non-Federal land acquired by the United States under this Act shall become part of, and be managed as part of, the Federal administrative unit or area in which the land is located. (2) Mineral leasing and occupancy.-- (A) In general.--Subject to valid existing rights, the non-Federal land acquired by the United States under this Act shall be withdrawn from the operation of the mineral leasing laws until the later of-- (i) the date that is 2 years after the date of enactment of this Act; or (ii) the date on which the Record of Decision authorizing the implementation of the applicable resource management plans under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is signed. (B) Exception.--Any land identified on the maps as ``Withdrawal Parcels'' is withdrawn from the operation of the mineral leasing and mineral material disposal laws. (3) Receipts.-- (A) In general.--Any mineral receipts derived from the non-Federal land acquired under this Act shall be paid into the general fund of the Treasury. (B) Applicable law.--Mineral receipts from the non- Federal land acquired under this Act shall not be subject to section 35 of the Mineral Leasing Act (30 U.S.C. 191). (b) Grazing Permits.-- (1) In general.--If land conveyed under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of acquisition, the Secretary and the State shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. (2) Renewal.--To the extent allowed by Federal or State law, on expiration of any grazing lease, permit, or contract described in paragraph (1), the holder of the lease, permit, or contract shall be entitled to a preference right to renew the lease, permit, or contract. (3) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the State from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes by the Secretary or the State. (B) Limitation.--Except to the extent reasonably necessary to accommodate surface operations in support of mineral development, the Secretary or the State shall not cancel or modify a grazing permit, lease, or contract because the land subject to the permit, lease, or contract has been leased for mineral development. (4) Base properties.--If land conveyed by the State under this Act is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit. (c) Hazardous Materials.-- (1) In general.--The Secretary and, as a condition of the exchange, the State shall make available for review and inspection any record relating to hazardous materials on the land to be exchanged under this Act. (2) Costs.--The costs of remedial actions relating to hazardous materials on land acquired under this Act shall be paid by those entities responsible for the costs under applicable law. (d) Easement.--The conveyance of Federal land in sec. 33, T. 4 S., R. 24 E., and sec. 4, T. 5 S., R. 24 E., of the Salt Lake Meridian, shall be subject to a 1,000 foot wide scenic easement and a 200 foot wide road right-of-way previously granted to the National Park Service for the Dinosaur National Monument, as described in Land Withdrawal No. U-0141143, pursuant to the Act of September 8, 1960 (74 Stat. 857,861). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Utah Recreational Land Exchange Act of 2009 - Directs the Secretary of the Interior to convey specified federal land in Grand, San Juan, and Uintah Counties, Utah, to the state of Utah in exchange for specified non-federal land in such counties. Requires the conveyance to be in three phases. Sets forth provisions regarding: (1) land valuation, appraisal, and equalization; and (2) land administration, including water rights, hazardous materials, oil shale resources, mineral leasing, and revenues. Requires the conveyance of certain federal land to be subject to a 1,000-foot wide scenic easement and a 200-foot wide road of right-of-way previously granted to the National Park Service (NPS) for the Dinosaur National Monument.

A bill to direct the exchange of certain land in Grand, San Juan, and Uintah Counties, Utah, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Immigration Accountability and Transparency Act of 2013''. SEC. 2. TRANSPARENCY REQUIREMENT FOR IMMIGRATION POLICY DIRECTIVES. (a) Reporting Requirement.--The Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives an annual report on immigration policy directives. (b) Matters Covered.--The report required by subsection (a) shall include, at a minimum-- (1) statistics on the removal of aliens from the United States during the 10-year period preceding the date of submission of the report, including the number of aliens placed in removal proceedings but not removed; (2) statistics and a cost-benefit analysis regarding the use of Federal funds to implement each immigration policy directive issued by the Department of Homeland Security during the period beginning on January 20, 2009, and ending on the date of submission of the report; (3) the number of aliens unlawfully present or without lawful status in the United States with an immigration status that was modified or otherwise adjusted as a result of each such policy directive, including an identification of the new status assigned to each such alien; (4) the number of aliens unlawfully present or without lawful status in the United States who applied for and were denied relief as a result of each such policy directive, and the percentage of such aliens against whom removal proceedings were initiated; (5) for each alien denied relief under paragraph (4) against whom removal proceedings were not initiated, an explanation of why such action was not taken and a listing of the final determination made in such alien's case, if any; (6) the number of cases in the Executive Office for Immigration Review of the Department of Justice that were administratively closed as a result of each such policy directive and an identification of the new status or statuses assigned to the aliens in such cases; (7) statistics on aliens unlawfully present or without lawful status in the United States released from prisons or administrative detention centers since January 20, 2009, including-- (A) the number of such aliens convicted or formally accused of a violent crime; and (B) the number of such aliens released in each State; and (8) detailed information on the methods used to compile and calculate the information described in paragraphs (1), (2), (3), (4), (5), (6), and (7). (c) Public Availability.--The report required by subsection (a) shall be made publicly available. (d) Reporting Deadline.--The Secretary shall submit the first report required by subsection (a) not later than 90 days after the date of the enactment of this Act. (e) Removal of Aliens From the United States.--In this Act, the term ``removal of aliens from the United States'' does not include individuals who are denied admission upon being inspected by an immigration officer at the border of the United States. SEC. 3. ACCOUNTABILITY REQUIREMENTS FOR IMMIGRATION POLICY DIRECTIVES. (a) Treatment of an Immigration Policy Directive as a Rule.--For purposes of chapters 5, 6, 7, and 8 of title 5, United States Code, an immigration policy directive shall be treated as a rule. (b) Notice Requirement.--In publishing a general notice of proposed rule making as required under section 553 of title 5, United States Code, for an immigration policy directive, the Secretary of Homeland Security shall include a report that-- (1) describes with reasonable detail the actions the Department of Homeland Security plans to take to implement and enforce the policy directive; (2) indicates whether the policy directive states a new or changed policy regarding the enforcement of any Federal law, and if so, provides a citation to such law; and (3) estimates the number of aliens present in the United States with an immigration status that will be modified as a result of the policy directive and identifies the new status or statuses to be assigned to such aliens. SEC. 4. DEFINITIONS. In this Act: (1) Immigration policy directive.--The term ``immigration policy directive'' means any communication that is not a rule, issued by the Department of Homeland Security or any agency or office within the Department, regarding the administration or enforcement of immigration law or policy, including memoranda, statements, and guidance documents. (2) Rule.--The term ``rule'' has the meaning provided in section 551 of title 5, United States Code.

DHS Immigration Accountability and Transparency Act of 2013 - Directs the Secretary of Homeland Security (DHS) to submit to Congress an annual report on DHS immigration policy directives. States that for specified purposes an immigration policy directive shall be treated as a rule.

DHS Immigration Accountability and Transparency Act of 2013

AND TERMINATION OF BANK FUNCTIONS. (a) Resolution of Functions.--The Secretary shall-- (1) complete the disposition and resolution of functions of the Bank in accordance with this Act; and (2) resolve all functions that are transferred to the Secretary under section 3(a)(2). (b) Termination of Functions.--All functions that are transferred to the Secretary under section 3(a)(2) shall terminate on the date all obligations of the Bank, and all obligations of others to the Bank, in effect immediately before the abolishment date have been satisfied, as determined by the Secretary. (c) Report to the Congress.--When the Secretary makes the determination described in subsection (b), the Secretary shall report the determination to the Committee on Financial Services of the House of Representatives and the Committee on Finance of the Senate. SEC. 5. DUTIES OF THE SECRETARY OF THE TREASURY. (a) In General.--The Secretary shall be responsible for the implementation of this Act, including-- (1) the administration and wind-up of all functions transferred to the Secretary under section 3(a)(2); (2) the administration and wind-up of any outstanding obligations of the Federal Government under any programs terminated by this Act; and (3) taking such other actions as may be necessary to wind- up any outstanding affairs of the Bank. (b) Delegation of Functions.--The Secretary may delegate to any other Federal department or agency head the performance of the functions of the Secretary under this Act, to the extent that the Secretary determines that the delegation would further the purposes of this Act. (c) Transfer of Assets and Personnel.--In connection with any delegation of functions under subsection (b), the Secretary may transfer to the department or agency concerned such assets, funds, personnel, records, and other property relating to the delegated function as the Secretary determines to be appropriate. (d) Authorities of the Secretary.--For purposes of performing the functions of the Secretary under this Act and subject to the availability of appropriations, the Secretary may-- (1) enter into contracts; (2) employ experts and consultants in accordance with section 3109 of title 5, United States Code, at rates for individuals not to exceed the per diem rate equivalent to the rate for level IV of the Executive Schedule; and (3) utilize, on a reimbursable basis, the services, facilities, and personnel of other Federal agencies. SEC. 6. PERSONNEL. Effective on the abolishment date, there are transferred to the Department of the Treasury all individuals, other than members of the Board of Directors of the Bank, who-- (1) immediately before the abolishment date, were officers or employees of the Bank; and (2) in their capacity as such an officer or employee, performed functions that are transferred to the Secretary under section 3(a)(2). SEC. 7. TRANSFER OF INSPECTOR GENERAL DUTIES. (a) Termination of the Office of Inspector General for the Export- Import Bank of the United States.--Notwithstanding any other provision of law, the Office of Inspector General for the Bank shall terminate on the abolishment date, and the assets and obligations of the Office shall be transferred to the Office of the Inspector General for the Department of the Treasury or otherwise disposed of. (b) Authority and Responsibility for Transfer or Disposal.--The Secretary shall have the authority and responsibility for transfer or disposal under subsection (a). (c) Savings Provision.--The provisions of this section shall not affect the performance of any pending audit, investigation, inspection, or report by the Office of the Inspector General for the Bank as of the abolishment date, with respect to functions transferred by this section. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any performance under the same terms and conditions and to the same extent that such performance could have been discontinued or modified if this section had not been enacted. SEC. 8. EXERCISE OF AUTHORITIES. Except as otherwise provided by law, a Federal official to whom a function is transferred by this Act may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act. SEC. 9. TRANSFER OF ASSETS. Except as otherwise provided in this Act, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this Act shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. SEC. 10. DELEGATION AND ASSIGNMENT. Except as otherwise expressly prohibited by law, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function. SEC. 11. AUTHORITY OF THE SECRETARY OF THE TREASURY WITH RESPECT TO FUNCTIONS TRANSFERRED. (a) Determinations.--If necessary, the Secretary shall make any determination of the functions that are transferred under this Act. (b) Incidental Transfers.--The Secretary, at such time or times as the Secretary shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. SEC. 12. SAVINGS PROVISIONS. (a) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges-- (1) that have been issued, made, granted, or allowed to become effective by the President, the Bank, any officer or employee of any office transferred by this Act, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act, and (2) that are in effect on the effective date of the transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (b) Proceedings.--This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office transferred by this Act, but such proceedings and applications 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 proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered 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. (c) Suits.--This Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against an office transferred by this Act, or by or against any individual in the official capacity of such individual as an officer or employee of such an office, shall abate by reason of the enactment of this Act. (e) Continuance of Suits.--If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) Administrative Procedure and Judicial Review.--Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act. SEC. 13. AVAILABILITY OF EXISTING FUNDS. Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this Act shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. SEC. 14. CONFORMING AMENDMENTS AND REPEALS. (a) Repeal of Primary Authorizing Statute.--The Export-Import Bank Act of 1945 (12 U.S.C. 635--635i-9) is hereby repealed. (b) Elimination of Related Authorizing Provisions.-- (1) Section 103 of the International Development and Finance Act of 1989 (12 U.S.C. 635 note; Public Law 101-240) is hereby repealed. (2) Section 303 of the Support for East European Democracy (SEED) Act of 1989 (12 U.S.C. 635 note; Public Law 101-179) is hereby repealed. (3) Section 1908 of the Export-Import Bank Act Amendments of 1978 (12 U.S.C. 635a-1) is amended-- (A) by striking ``(a)''; and (B) by striking subsection (b). (4) Sections 1911 and 1912 of the Export-Import Bank Act Amendments of 1978 (12 U.S.C. 635a-2 and 635a-3) are hereby repealed. (5) Section 206 of the Bank Export Services Act (12 U.S.C. 635a-4) is hereby repealed. (6) Sections 1 through 5 of Public Law 90-390 (12 U.S.C. 635j through 635n) are hereby repealed. (7) Sections 641 through 647 of the Trade and Development Enhancement Act of 1983 (12 U.S.C. 635o-635t) are hereby repealed. (8) Section 534 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (12 U.S.C. 635g note; Public Law 101-167) is amended by striking subsection (d). (9) Section 3302 of the Omnibus Trade and Competitiveness Act of 1988 (12 U.S.C. 635i-3 note; Public Law 100-418) is amended by striking subsection (a). (10) Section 1105(a) of title 31, United States Code, is amended by striking paragraph (34) and redesignating the succeeding paragraphs of such section as paragraphs (34) through (38), respectively. (11) Section 9101(3) of title 31, United States Code, is amended by striking subparagraph (C). (c) Elimination of Related Compensation Provisions.-- (1) Position at level iii.--Section 5314 of title 5, United States Code, is amended by striking the following item: ``President of the Export-Import Bank of Washington.''. (2) Positions at level iv.--Section 5315 of title 5, United States Code, is amended-- (A) by striking the following item: ``First Vice President of the Export-Import Bank of Washington.''; and (B) by striking the following item: ``Members, Board of Directors of the Export-Import Bank of Washington.''. (d) Elimination of Office of Inspector General for the Bank.-- Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1), by striking ``the President of the Export-Import Bank;''; and (2) in paragraph (2), by striking ``the Export-Import Bank,''. (e) Effective Date.--The repeals and amendments made by this section shall take effect on the abolishment date. (f) Report to the Congress on Other Amendments to Federal Statute.--The Secretary shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a written report that contains suggestions for such other amendments to Federal statutes as may be necessary or appropriate as a result of this Act. SEC. 15. REFERENCES. Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this Act-- (1) to the head of such department or office is deemed to refer to the head of the department or office to which the function is transferred; or (2) to such department or office is deemed to refer to the department or office to which the function is transferred. SEC. 16. DEFINITIONS. In this Act: (1) Function.--The term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (2) Office.--The term ``office'' includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.

Export-Import Bank Termination Act of 2012 - Abolishes the Export-Import Bank of the United States three years after enactment of this Act.

To abolish the Export-Import Bank of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Enhancement Act of 1995''. SEC. 2. URBAN UNIVERSITY BUSINESS INITIATIVE GRANTS. (a) Urban University Business Initiative Grants.-- (1) Authorization.--The Administrator of the Small Business Administration (hereafter in this section referred to as the ``Administrator'') may make grants to eligible institutions in accordance with this section. (2) Application.-- (A) In general.--An eligible institution seeking assistance under this section shall submit to the Administrator an application at such time, in such form, and containing or accompanied by such information and assurances as the Administrator may require by regulation. (B) Contents.--Except as provided in subparagraph (C), each application submitted pursuant to subparagraph (A) shall include-- (i) a description of the activities and services for which assistance is sought; (ii) evidence of coordination with any small business development center in existence in the community; and (iii) documentation of the formation of a consortium that includes, in addition to eligible institutions, one or more of the following entities: (I) A nonprofit organization. (II) A business or other employer. (C) Waiver.--The Administrator may waive the requirements of subparagraph (B)(iii) for any applicant who can demonstrate to the satisfaction of the Administrator that the applicant has devised an integrated and coordinated plan that otherwise meets the requirements of this section. (3) Selection procedures.--Not later than 120 days after the date of enactment of this Act, the Administrator shall by regulation develop a formal procedure for the submission of applications under this section and shall publish in the Federal Register an announcement of that procedure and the availability of funds under this section. (b) Authorized Activities.-- (1) In general.--Funds provided under this section shall be used to design and implement programs to assist businesses, especially those in lower income urban communities, to become more productive and able to compete in the global marketplace. (2) Specific authorized activities.--Activities conducted with funds made available under this section may include research on, or planning and implementation of technology transfer, technical training, the delivery of services, or technical assistance in-- (A) business development; (B) business creation; (C) business expansion; and (D) human resource management. (c) Peer Review Panel.-- (1) Establishment.--Not later than 90 days after the date on which the Administrator publishes the announcement in the Federal Register in accordance with subsection (a)(3), the Administrator shall appoint a peer review panel (hereafter in this section referred to as the ``panel''). (2) Membership.--In appointing the panel under paragraph (1), the Administrator shall consult with officials of other Federal agencies and with non-Federal organizations in order to ensure that-- (A) the panel membership is geographically balanced; and (B) the panel is composed of representatives from public and private institutions of higher education, labor, business, and nonprofit organizations having expertise in business development in lower income urban communities. (3) Duties.--The panel shall-- (A) review applications submitted under this section; and (B) make recommendations to the Administrator concerning the selection of grant recipients. (d) Disbursement of Funds.-- (1) Limitation on amount.--The Administrator shall not provide assistance under this section to any recipient in an amount that exceeds $400,000 during any 1-year period. (2) Equitable geographic distribution.--The Administrator shall award grants under this section in a manner that achieves equitable geographic distribution of such grants. (e) Definitions.--For purposes of this section, the following definitions shall apply: (1) Lower income urban community.--The term ``lower income urban community'' means an urban area in which the percent of residents living below the Federal poverty level is not less than 115 percent of the statewide average. (2) Urban area.-- (A) In general.--Except as provided in subparagraph (B), the term ``urban area'' means a primary metropolitan statistical area of the Bureau of the Census, Department of Commerce. (B) Exception.--With respect to a State that does not contain an urban area, as defined in subparagraph (A), the Administrator shall designate 1 area in the State as an urban area for purposes of this section. (3) Eligible institution.-- (A) Institution or consortium.--The term ``eligible institution'' means a nonprofit institution of higher education that meets the requirements of subparagraph (b), or a consortium of such institutions, any 1 of which meets the requirements of subparagraph (B). (B) Requirements.--An institution meets the requirements of this subparagraph if the institution-- (i) is located in an urban area; (ii) draws a substantial portion of its undergraduate students from the urban area in which such institution is located, or from contiguous areas; (iii) carries out programs to make postsecondary educational opportunities more accessible to residents of such urban area, or contiguous areas; (iv) has the present capacity to provide resources responsive to the needs and priorities of such urban area and contiguous areas; (v) offers a range of professional, technical, or graduate programs sufficient to sustain the capacity of such institution to provided such resources; (vi) has demonstrated and sustained a sense of responsibility to such urban area and contiguous areas and the people of such areas; and (vii) has a school of business accredited by the American Assembly of Collegiate Schools of Business (or similar organization) with faculty experienced in conducting research on issues of immediate concern to small and emerging businesses. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $10,000,000 for fiscal year 1996; and (2) such sums as may be necessary for fiscal years 1997, 1998, 1999, and 2000.

Small Business Enhancement Act of 1995 - Authorizes the Administrator of the Small Business Administration (SBA) to make grants to eligible institutions to design and implement programs to assist businesses, especially those in lower income urban communities, to become more productive and able to compete in the global marketplace. Directs the SBA Administrator to establish a peer review panel to review grant applications and make recommendations to the Administrator concerning the selection of grant recipients. Limits to $400,000 the assistance provided to any single recipient during any one-year period. Requires the SBA Administrator to achieve equitable geographic distribution in the awarding of such grants. Defines an eligible institution as a nonprofit institution of higher education that is located in an urban area, has an accredited school of business, draws a substantial amount of its enrollment from urban areas, and carries out programs to make postsecondary educational opportunities more accessible to residents of such urban or contiguous areas. Authorizes appropriations for the grant program for FY 1996 through 2000.

Small Business Enhancement Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pre-existing Condition Patient Protection Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the United States Census Bureau, 45,700,000 individuals were uninsured in 2007. (2) According to a recent study by the Commonwealth Fund, the number of underinsured adults ages 19 to 64 has jumped 60 percent over the last 4 years, from 16,000,000 in 2003 to 25,000,000 in 2007. (3) According to the Center for Disease Control and Prevention, approximately 45 percent of Americans have at least 1 chronic condition. (4) Forty-four States currently allow insurance companies to deny coverage for, limit coverage for, or charge increased premiums for a pre-existing condition. (5) Over 26,000,000 individuals were enrolled in private individual market health plans in 2007. Under the amendments made by the Health Insurance Portability and Accountability Act of 1996, these individuals have no protections against pre- existing condition exclusions or waiting periods. (6) When an individual has a 63-day gap in health insurance coverage, pre-existing condition exclusions, such as limiting coverage, can be placed on them when they become insured under a new health insurance policy. (7) Eliminating pre-existing condition exclusions for all individuals is a vital safeguard to ensuring all Americans have access to health care when in need. (8) According to a Kaiser Family Foundation/Harvard School of Public Health public opinion poll, 58 percent of Americans strongly favor the Federal Government requiring health insurance companies to cover anyone who applies for health coverage, even if they have a prior illness. SEC. 3. ELIMINATION OF PRE-EXISTING CONDITION EXCLUSIONS UNDER GROUP HEALTH PLANS. (a) Application Under the Employee Retirement Income Security Act of 1974.-- (1) Elimination of pre-existing condition exclusions.-- Section 701 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181) is amended-- (A) by amending the heading to read as follows: ``elimination of pre-existing condition exclusions''; (B) by amending subsection (a) to read as follows: ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, with respect to a participant or beneficiary-- ``(1) may not impose any pre-existing condition exclusion; and ``(2) in the case of a group health plan that offers medical care through health insurance coverage offered by a health maintenance organization, may not provide for an affiliation period with respect to coverage through the organization.''; (C) in subsection (b), by striking paragraph (3) and inserting the following: ``(3) Affiliation period.--The term `affiliation period' means a period which, under the terms of the health insurance coverage offered by the health maintenance organization, must expire before the health insurance coverage becomes effective.''; (D) by striking subsections (c), (d), (e), and (g); and (E) by redesignating subsection (f) (relating to special enrollment periods) as subsection (c). (2) Clerical amendment.--The item in the table of contents of such Act relating to section 701 is amended to read as follows: ``Sec. 701. Elimination of pre-existing condition exclusions.''. (b) Application Under Public Health Service Act.-- (1) Elimination of pre-existing condition exclusions.-- Section 2701 of the Public Health Service Act (42 U.S.C. 300gg) is amended-- (A) by amending the heading to read as follows: ``Elimination of pre-existing condition exclusions''; (B) by amending subsection (a) to read as follows: ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, with respect to a participant or beneficiary-- ``(1) may not impose any pre-existing condition exclusion; and ``(2) in the case of a group health plan that offers medical care through health insurance coverage offered by a health maintenance organization, may not provide for an affiliation period with respect to coverage through the organization.''; (C) in subsection (b), by striking paragraph (3) and inserting the following: ``(3) Affiliation period.--The term `affiliation period' means a period which, under the terms of the health insurance coverage offered by the health maintenance organization, must expire before the health insurance coverage becomes effective.''; (D) by striking subsections (c), (d), (e), and (g); and (E) by redesignating subsection (f) (relating to special enrollment periods) as subsection (c). (2) Technical amendments relating to employer size.-- Section 2711 of such Act (42 U.S.C. 300gg-11) is amended-- (A) in subsection (a)-- (i) in the heading, by striking ``Small''; (ii) in paragraph (1)-- (I) by striking ``(c) through (f)'' and inserting ``(b) through (d)''; (II) in the matter before subparagraph (A), by striking ``small''; and (III) in subparagraph (A), by striking ``small employer (as defined in section 2791(e)(4))'' and inserting ``employer''; and (iii) in paragraph (2)-- (I) by striking ``small'' each place it appears; and (II) by striking ``coverage to a'' and inserting ``coverage to an''; (B) by striking subsection (b); (C) in subsections (c), (d), and (e), by striking ``small'' each place it appears; and (D) by striking subsection (f). (c) Application Under the Internal Revenue Code of 1986.-- (1) Elimination of pre-existing condition exclusions.-- Section 9801 of the Internal Revenue Code of 1986 is amended-- (A) by amending the heading to read as follows: ``Elimination of pre-existing condition exclusions''; (B) by amending subsection (a) to read as follows: ``(a) In General.--A group health plan with respect to a participant or beneficiary may not impose any pre-existing condition exclusion.''; (C) by striking paragraph (3) of subsection (b); (D) by striking subsections (c), (d), and (e); and (E) by redesignating subsection (f) (relating to special enrollment periods) as subsection (c). (2) Clerical amendment.--The item in the table of sections of chapter 100 of such Code relating to section 9801 is amended to read as follows: ``Sec. 9801. Elimination of pre-existing condition exclusions.''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to group health plans for plan years beginning after the end of the 12th calendar month following the date of the enactment of this Act. (2) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (A) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act); or (B) the date that is after the end of the 12th calendar month following the date of enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by the amendments made by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 4. NONDISCRIMINATION IN INDIVIDUAL HEALTH INSURANCE. (a) In General.--Section 2741 of the Public Health Service Act (42 U.S.C. 300gg-41) is amended by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Guaranteed issue.--Subject to the succeeding subsections of this section, each health insurance issuer that offers health insurance coverage (as defined in section 2791(b)(1)) in the individual market to individuals residing in an area may not, with respect to an eligible individual (as defined in subsection (b)) residing in the area who desires to enroll in individual health insurance coverage-- ``(A) decline to offer such coverage to, or deny enrollment of, such individual; or ``(B) impose any pre-existing condition exclusion (as defined in section 2701(b)(1)(A)) with respect to such coverage.''. (b) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after the end of the 12th calendar month following the date of the enactment of this Act. SEC. 5. TRANSPARENCY IN CLAIMS DATA. (a) Report on Adverse Selection.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report concerning the occurrence of adverse selection as a result of the enactment of this Act. Such report shall be based on the data reported under subsection (b). (b) Mandatory Reporting.--A health insurance issuer to which this Act applies, shall upon the request of the Secretary, submit to the Secretary of Health and Human Services, data concerning-- (1) the number of new enrollees in health plans offered by the issuer during the year involved; (2) the number of enrollees who re-enrolled in health plans offered by the issuer during the year involved; (3) the demographic characteristics of enrollees; (4) the number, nature, and dollar amount of claims made by enrollees during the year involved; (5) the number of enrollees who disenrolled or declined to be re-enrolled during the year involved; and (6) any other information determined appropriate by such Secretary. (c) Enforcement.--Part C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-91 et seq.) is amended by adding at the end the following: ``SEC. 2793. PROVISION OF INFORMATION. ``(a) In General.--The Secretary shall require that group health plans and health insurance issuers to which this Act applies provide data to the Secretary, at such times and in such manner as the Secretary may require, in order to permit the Secretary to monitor compliance with the requirements of this Act (including requirements imposed under the Pre-existing Condition Patient Protection Act of 2009 (and the amendment made by that Act)). ``(b) Civil Penalties.-- ``(1) In general.--A group health plan or health insurance issuer that fails to provide information as required under subsection (a) shall be subject to a civil money penalty under this section. ``(2) Amount of penalty.-- ``(A) In general.--The maximum amount of penalty imposed under this paragraph is $100 per covered life for each day that the plan or issuer fails to comply with this section. ``(B) Consideration in imposition.--In determining the amount of any penalty to be assessed under this paragraph, the Secretary shall take into account the previous record of compliance of the entity being assessed with this section and the gravity of the violation.''. SEC. 6. REPORT ON AFFORDABLE HEALTH INSURANCE COVERAGE. Not later than 12 months after the date of enactment of this Act, the Government Accountability Office shall submit to the Secretary of Health and Human Services a report concerning the impact of this Act and other Federal laws relating to the regulation of health insurance and its effect on the affordability of health insurance coverage for individuals in all insurance markets and a description of the effect of this Act on the expansion of coverage and reductions in the number of uninsured and underinsured.

Pre-existing Condition Patient Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan from: (1) imposing any preexisting condition exclusion; or (2) providing for an affiliation period for coverage offered by a health maintenance organization (HMO). Defines an "affiliation period" as a period of time before health insurance coverage becomes effective. Requires each health insurance issuer offering coverage in the group market in a state to accept every employer in the state that applies for such coverage. Revises provisions governing individual health insurance coverage to apply certain prohibitions related to denying coverage and preexisting condition exclusions to coverage offered in an area (currently, a state). Requires the Secretary of Health and Human Services to report to Congress concerning the occurrence of adverse selection as a result of this Act. Requires health insurance issuers to which this Act applies to submit to the Secretary specified information on enrollees and claims. Directs the Secretary to require that group health plans and health insurance issuers provide data to the Secretary for compliance purposes. Sets forth civil penalties for violations. Directs the Government Accountability Office (GAO) to report to the Secretary on: (1) the impact of this Act and other relevant federal laws; and (2) this Act's effect on the affordability of health insurance coverage and on the expansion of coverage and reductions in the number of uninsured and underinsured.

A bill to amend title I of the Employee Retirement Income Security Act of 1974, title XXVII of the Public Service Act, and the Internal Revenue Code of 1986 to prohibit preexisting condition exclusions in group health plans and in health insurance coverage in the group and individual markets.

SECTION 1. SHORT TITLE. This Act may be cited as the ``True American Heroes Act''. SEC. 2. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO RESPONDED TO THE ATTACKS ON THE WORLD TRADE CENTER AND PERISHED. (a) Presentation Authorized.--In recognition of the bravery and self-sacrifice of officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government, who responded to the attacks on the World Trade Center in New York City, and perished in the tragic events of September 11, 2001 (including those who are missing and presumed dead), the President is authorized to present, on behalf of the Congress, a gold medal of appropriate design for each such officer, emergency worker, or employee to the next of kin or other representative of each such officer, emergency worker, or employee. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike gold medals with suitable emblems, devices, and inscriptions to be determined by the Secretary to be emblematic of the valor and heroism of the men and women honored. (c) Determination of Recipients.--The Secretary of the Treasury shall determine the number of medals to be presented under this section and the appropriate recipients of the medals after consulting with appropriate representatives of Federal, State, and local officers and agencies and the Port Authority of New York and New Jersey. (d) Presentment Ceremony.--The President shall consult with the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the majority leader and the minority leader of the House of Representatives, and the majority leader and the minority leader of the Senate with regard to the ceremony for presenting the gold medals under subsection (a). (e) Duplicative Gold Medals For Departments and Duty Stations.-- (1) In general.--The Secretary of the Treasury shall strike duplicates in gold of the gold medals struck pursuant to subsection (a) for presentation to each of the following: (A) The Governor of the State of New York. (B) The Mayor of the City of New York. (C) The Commissioner of the New York Police Department, the Commissioner of the New York Fire Department, the head of emergency medical services for the City of New York, and the Chairman of the Board of Directors of the Port Authority of New York and New Jersey. (D) Each precinct house, fire house, emergency response station, or other duty station or place of employment to which each person referred to in subsection (a) was assigned on September 11, 2001, for display in each such place in a manner befitting the memory of such persons. (f) Determination of Recipients.--The Secretary of the Treasury shall determine the number of medals to be presented under subsection (e) and the appropriate recipients of the medals after consulting with appropriate representatives of Federal, State, and local officers and agencies and the Port Authority of New York and New Jersey. (g) Duplicate Bronze Medals.--The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck pursuant to subsection (a) under such regulations as the Secretary may prescribe, at a price of $50 per medal. (h) Proceeds of Sale.--Amounts received from the sales of duplicate bronze medals under subsection (g) shall be deposited in a fund to be used to erect a memorial for the fallen emergency responders. (i) Use of the United States Mint at West Point, New York.--It is the sense of the Congress that the medals authorized under this section should-- (1) be designed, struck, and presented not more than 90 days after the date of the enactment of this Act; and (2) be struck at the United States Mint at West Point, New York, to the greatest extent possible. SEC. 3. CONGRESSIONAL GOLD MEDALS FOR PEOPLE ABOARD UNITED AIRLINES FLIGHT 93 WHO HELPED RESIST THE HIJACKERS AND CAUSED THE PLANE TO CRASH. (a) Congressional Findings.--The Congress finds as follows: (1) On September 11, 2001, United Airlines Flight 93, piloted by Captain James Dahl, departed from Newark International Airport at 8:01 a.m. on its scheduled route to San Francisco, California, with 7 crew members and 38 passengers on board. (2) Shortly after departure, United Airlines Flight 93 was hijacked by terrorists. (3) At 10:37 a.m. United Airlines Flight 93 crashed near Shanksville, Pennsylvania. (4) Evidence indicates that people aboard United Airlines Flight 93 learned that other hijacked planes had been used to attack the World Trade Center in New York City and resisted the actions of the hijackers on board. (5) The effort to resist the hijackers aboard United Airlines Flight 93 appears to have caused the plane to crash prematurely, potentially saving hundreds or thousands of lives and preventing the destruction of the White House, the Capitol, or another important symbol of freedom and democracy. (6) The leaders of the resistance aboard United Airlines Flight 93 demonstrated exceptional bravery, valor, and patriotism, and are worthy of the appreciation of the people of the United States. (b) Presentation of Congressional Gold Medals Authorized.--The President is authorized to award posthumously, on behalf of Congress and in recognition of heroic service to the Nation, gold medals of appropriate design to any passengers or crew members on board United Airlines Flight 93 who are identified by the Attorney General as having aided in the effort to resist the hijackers on board the plane. (c) Design and Striking.--For the purpose of the presentation referred to in subsection (b), the Secretary of the Treasury shall strike gold medals of a single design with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (d) Duplicate Medals.--Under such regulations as the Secretary of the Treasury may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medals struck under subsection (b) at a price sufficient to cover the cost of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medals. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. Passed the House of Representatives December 18, 2001. Attest: JEFF TRANDAHL, Clerk.

True American Heroes Act - Authorizes the President to present on behalf of Congress a gold medal to the next of kin or other representative of each officer, emergency worker, or employee of a State and local government agency, including the Port Authority of New York and New Jersey, and of the Federal Government, who responded to the attacks on the World Trade Center in New York City, and perished in the tragic events of September 11, 2001 (including those who are missing and presumed dead).Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Requires the proceeds from such sale to be deposited in a fund to be used to erect a memorial for the fallen emergency responders.Expresses the sense of Congress that the medals: (1) should be designed, struck, and presented within 90 days after enactment of this Act; and (2) be struck at the U.S. Mint at West Point, New York, to the greatest extent possible.Authorizes the President to award posthumously, on behalf of Congress and in recognition of heroic service to the Nation, gold medals to any passengers or crew members on board United Airlines Flight 93 who are identified by the Attorney General as having aided in the effort to resist the hijackers on board the plane.Authorizes the Secretary to strike and sell bronze duplicates.

To award congressional gold medals on behalf of government workers who responded to the attacks on the World Trade Center and perished and on behalf of people aboard United Airlines Flight 93 who helped resist the hijackers and caused the plane to crash.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Vessel Emissions Reduction Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) emissions of air pollutants from marine vessels contribute significantly to dangerous air pollution in many areas in the United States; (2) current levels of control on those emissions are not adequate to protect air quality and public health; (3) to protect air quality and public health, efforts by State and local governments to control emissions from marine vessels must be augmented by the Federal Government; (4) although the Environmental Protection Agency may require additional controls on domestic and international marine vessels entering United States ports, significant emission reductions must be achieved in the near future; and (5) it is urgent and necessary to require the Administrator of the Environmental Protection Agency to establish standards to reduce emissions of air pollutants from marine vessels in a sufficient period of time to allow all areas in the United States to meet air quality standards in accordance with applicable deadlines. SEC. 3. MARINE VESSEL FUEL SULFUR. Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended-- (1) by redesignating the first subsection (r) (relating to fuel and fuel additive importers and importation) as subsection (u) and moving that subsection so as to appear at the end of the section; and (2) by inserting after subsection (o) the following: ``(p) Marine Vessel Fuel Sulfur.-- ``(1) In general.--Subject to paragraph (3), not later than December 15, 2008, the Administrator shall promulgate regulations that, effective beginning on December 31, 2010, require marine vessels described in paragraph (2) to use fuel that contains not more than 1,000 parts per million of sulfur in the main and auxiliary engines of the vessels. ``(2) Applicability.--The regulations promulgated pursuant to paragraph (1) shall apply to all marine vessels, including any vessel flagged in a country other than the United States, at any time at which the vessels are, on entering or leaving a port or offshore terminal of the United States-- ``(A) within 200 miles of the west coast of the continental United States; and ``(B) within such distance of the east coast or Gulf coast of the United States, or the shoreline of the Great Lakes or St. Lawrence Seaway, as the Administrator determines to be appropriate for the purpose of protecting public health and the environment. ``(3) Interim requirement.-- ``(A) In general.--Notwithstanding the requirement of paragraph (1), the Administrator may promulgate regulations under that paragraph that permit marine vessel fuel sulfur content in excess of 1,000 parts per million if the Administrator determines that compliance with the requirement of paragraph (1) is not technically feasible by December 31, 2010. ``(B) Regulations.--If the Administrator makes a determination described in subparagraph (A), the Administrator shall promulgate regulations that require marine vessels-- ``(i) beginning on December 31, 2010, to use fuel that contains-- ``(I) the lowest quantity of sulfur that is technically feasible by that date; and ``(II) in no event a quantity of sulfur in excess of 2,000 parts per million; and ``(ii) to achieve compliance with the requirement of paragraph (1) on the earliest practicable date by which compliance is technically feasible. ``(4) Alternative compliance mechanism.--The Administrator may provide for an alternative mechanism of compliance under this subsection for a marine vessel if the Administrator determines that-- ``(A) the vessel employs a control technology that reduces emissions from the vessel of sulfur oxides and particulate matter to at least the same degree as the reduction that would be achieved by the vessel through compliance with the applicable fuel sulfur content limitation under this subsection; and ``(B) the emission reductions achieved as described in subparagraph (A) are in addition to any reductions required to achieve compliance with an applicable engine emission standard issued by the Administrator or the head of another Federal agency. ``(5) No effect on other authority.--Nothing in this subsection limits or otherwise affects any authority of the Administrator to regulate fuels or fuel additives for use in marine vessels or any other nonroad vehicle or engine under this Act or any other provision of law.''. SEC. 4. ADVANCED MARINE VESSEL EMISSION CONTROLS. Section 213 of the Clean Air Act (42 U.S.C. 7547) is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following: ``(d) Advanced Marine Vessel Emission Controls.-- ``(1) Standards for oceangoing vessels.-- ``(A) In general.--Not later than December 15, 2008, the Administrator shall promulgate, and from time to time revise, regulations that establish standards for emissions of oxides of nitrogen, particulate matter, hydrocarbons, and carbon monoxide from newly- manufactured and in-use main and auxiliary engines in oceangoing marine vessels that enter or leave a port or offshore terminal of the United States. ``(B) Requirement.--The standards under subparagraph (A) shall require, effective beginning on January 1, 2012, that the engines described in that subparagraph achieve the greatest degree of emission reduction achievable through the application of technology that the Administrator determines, in accordance with this paragraph, will be available for the affected engines. ``(C) Additional factors for consideration.-- ``(i) In general.--In promulgating a standard under this paragraph, the Administrator shall take into consideration-- ``(I) whether the engine is newly- manufactured or in-use (and, if the engine is in-use, the age of the engine); ``(II) the cost of applying an emission reduction technology in a period of time sufficient to achieve compliance with the standard; ``(III) noise, energy, and safety factors associated with the application of the technology; and ``(IV) the feasibility, benefits, and costs of requiring-- ``(aa) the maximum level of control required by regulations applicable to on-road, nonroad, and stationary engines; and ``(bb) the maximum level of control achieved by sources from which control technologies may be transferred, including sources that use advanced aftertreatment technologies. ``(ii) Determination.-- ``(I) In general.--If the Administrator determines, after consideration of the factors described in clause (i), that a maximum level of control described in clause (i)(IV) will not be technically achievable by January 1, 2012, the Administrator shall promulgate standards under subparagraph (A) that require the maximum level of control that the Administrator determines will be technically achievable by that date. ``(II) Additional standards.--If the Administrator makes a determination under subclause (I), the Administrator shall promulgate additional standards under subparagraph (A) that require, effective beginning on January 1, 2016-- ``(aa) the maximum level of control described in clause (i)(IV); or ``(bb) if the Administrator determines, after consideration of the factors described in clause (i), that a maximum level of control described in subclause (IV) of that clause is not technically achievable by January 1, 2016, the maximum level of control that the Administrator determines will be technically achievable by that date. ``(2) Applicability.--Standards applicable to marine engines and marine vessels promulgated under this section shall be applicable to vessels that enter or leave a port or offshore terminal of the United States, including vessels flagged in any country other than the United States. ``(3) Enforcement.-- ``(A) In general.--The standards established under this subsection shall be enforced in accordance with subsection (f). ``(B) Enforcement against certain persons.--At the discretion of the Administrator, any standard established under this subsection relating to in-use engines may be enforced against-- ``(i) the owner or operator of an in-use engine; ``(ii) any person that rebuilds or maintains an in-use engine; or ``(iii) such other person as the Administrator determines to be appropriate. ``(4) No effect on other authority.--Nothing in this subsection limits or otherwise affects any authority of the Administrator to regulate emissions of engines in marine vessels under this Act or any other provision of law.''.

Marine Vessel Emissions Reduction Act of 2007 - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations that, effective beginning on December 31, 2010, require specified marine vessels to use fuel that contains not more than 1,000 parts per million of sulfur in their main and auxiliary engines. Authorizes the Administrator to promulgate interim regulations upon determining that compliance with such requirement is not technically feasible by such date. Authorizes the Administrator to provide for an alternative mechanism of compliance for a marine vessel if: (1) the vessel employs a control technology that reduces emissions of sulfur oxides and particulate matter to at least the same degree as the reduction that would be achieved through compliance with the applicable fuel sulfur content limitation; and (2) the emission reductions achieved are in addition to any reductions required to achieve compliance with an applicable engine emission standard. Requires: (1) the Administrator, no later than December 15, 2008, to establish and periodically revise standards for emissions of oxides of nitrogen, particulate matter, hydrocarbons, and carbon monoxide from newly-manufactured and in-use main and auxiliary engines in oceangoing marine vessels that enter or leave a U.S. port or offshore terminal; and (2) such standards to require, beginning January 1, 2012, that the engines achieve the greatest degree of emission reduction achievable through the application of available technology. Directs the Administrator, upon determining that the maximum level of control required by regulations applicable to on-road, nonroad, and stationary engines or achieved by sources from which control technologies may be transferred, including sources that use advanced aftertreatment technologies, will not be technically achievable by January 1, 2012, to promulgate: (1) standards that require the level of control that will be technically achievable by that date; and (2) additional standards that require either such maximum level of control or the level that will be technically achievable beginning January 1, 2016.

To amend the Clean Air Act to reduce air pollution from marine vessels.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boat Building Investment Act of 1998''. SEC. 2. CREDIT FOR PURCHASE OF LUXURY YACHTS CONSTRUCTED IN THE UNITED STATES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30A the following new section: ``SEC. 30B. PURCHASE OF LUXURY YACHTS CONSTRUCTED IN THE UNITED STATES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the cost of any new domestic luxury yacht purchased by the taxpayer during such year. ``(b) Maximum Credit.--The amount of the credit allowed by subsection (a) with respect to any yacht shall not exceed $10,000,000. ``(c) New Domestic Luxury Yacht.--For purposes of this section, the term `new domestic luxury yacht' means any yacht if-- ``(1) the yacht is more than 50 feet in length, ``(2) substantially all of the value of which is attributable to value added in the United States, ``(3) the original use of which commences with the taxpayer, and ``(4) the yacht is designed, built, documented, and registered in the United States. ``(d) Application With Other Credits; Carryover of Excess Credit.-- 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 the preceding sections of this subpart, over ``(2) the tentative minimum tax for the taxable year. If the credit under subsection (a) exceeds the limitation of the preceding sentence, such excess shall be added to the credit allowable under subsection (a) for the succeeding taxable year. ``(e) Recapture of Credit If Yacht Ceases To Be Documented, Etc., in the United States.-- ``(1) In general.--If, during any taxable year, there is a recapture event with respect to any new domestic luxury yacht of the taxpayer, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) the aggregate decrease in the credits allowed under this section for all prior taxable years which would have resulted if no credit had been allowed under this section for the purchase of such yacht. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the recapture event occurs in: percentage is: Year 1............................... 100 Year 2............................... 85 Year 3............................... 70 Year 4............................... 55 Year 5............................... 40 Year 6............................... 25 Year 7............................... 10 Years 8 and thereafter............... 0. ``(B) Years.--References to years in the table in subparagraph (A) are references to the consecutive 12- month periods beginning with the date the yacht is placed in service by the taxpayer. ``(3) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(A) any sale or other disposition of the yacht, or ``(B) the documentation, registration, maintenance, or storage of the yacht outside the United States. ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards under this section shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining-- ``(i) the amount of any credit under subpart A, B, or D of this part, or ``(ii) the tax imposed by section 55. ``(f) Reduction in Basis.--For purposes of this subtitle, rules similar to the rules of section 50(c) (other than paragraph (3) thereof) shall apply to the credit allowed under this section.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(28) in the case of a yacht with respect to which credit was allowed under section 30B, to the extent provided in section 30B(f)(2).''. (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Purchase of luxury yachts constructed in the United States.''. (c) Effective Date.--The amendments made by this section shall apply to yachts purchased after the date of the enactment of this Act. SEC. 3. GRANTS TO ENCOURAGE PERSONS OUTSIDE THE UNITED STATES TO PURCHASE LUXURY YACHTS CONSTRUCTED IN THE UNITED STATES. (a) In General.--The Secretary of Commerce shall establish a program under which grants are provided to entities for the purpose of-- (1) encouraging persons outside the United States to purchase luxury yachts (as defined in section 30B of the Internal Revenue Code of 1986, as added by section 2(a)) which are constructed in the United States, and (2) providing specialized education and training for workers who construct such yachts. (b) Authorization.--There are authorized to be appropriated $25,000,000 for the purpose of carrying out subsection (a). Amounts appropriated for any fiscal year shall remain available under expended.

Boat Building Investment Act of 1998 - Amends the Internal Revenue Code to allow a personal tax credit (20 percent of the cost, $10 million maximum) for the purchase of a new U.S.-made luxury yacht. Sets forth credit recapture rules upon disposition or registration or maintenance outside the United States. Directs the Secretary of Commerce to establish a grant program to: (1) encourage persons outside the United to purchase such yachts; and (2) train yacht workers. Authorizes appropriations.

Boat Building Investment Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Wetlands Conservation Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) according to the United States Fish and Wildlife Service, approximately 170,200,000 acres of wetlands existed in Alaska in the 1780s and approximately 170,000,000 acres of wetlands exist now, representing a loss of less than one-tenth of 1 percent through human and natural processes; (2) according to the United States Fish and Wildlife Service more than 221,000,000 acres of wetlands existed at the time of Colonial America in the area that is now the contiguous United States and that 117,000,000 of those acres, roughly 53 percent, have been filled, drained, or otherwise removed from wetland status; (3) Alaska contains more wetlands than all of the other States combined; (4) 88 percent of Alaska's wetlands are publicly owned, while only 26 percent of the wetlands in the 48 contiguous States are publicly owned; (5) approximately 98 percent of all Alaskan communities, including 200 of the 209 remote villages in Alaska, are located in or adjacent to wetlands; (6) approximately 62 percent of all federally designated wilderness lands, 70 percent of all Federal park lands, and 90 percent of all Federal refuge lands are located in Alaska, thus providing protection against use or degradation to approximately 60,000,000 acres of wetlands in Alaska; (7) 104,000,000 acres of land were granted to the State of Alaska at statehood for purposes of economic development; (8) approximately 43,000,000 acres of land were granted to Alaska Natives through regional and village corporations and Native allotments for their use and between 45 percent and 100 percent of each Native corporation's land is categorized as wetlands; (9) development of basic community infrastructure in Alaska, where approximately 75 percent of the nonmountainous areas are wetlands, is often delayed and sometimes prevented by the existing wetlands regulatory program, with minimal identifiable environmental benefit; (10) the 1899 Rivers and Harbors Act formerly regulated disposition of dredge spoils in navigable waters, which did not include wetlands, to keep navigable waters free of impairments; (11) the 1972 Federal Water Pollution Control Act, more commonly known as the Clean Water Act, formed the basis for a broad expansion of Federal jurisdiction over wetlands by modifying the definition of ``navigable waters'' to include all ``waters of the United States''; (12) in 1975, a United States district court ordered the Army Corps of Engineers to publish revised regulations concerning the program to implement section 404 of the Clean Water Act, which expanded the scope of the program to include the discharge of dredged and fill material into wetlands; (13) the wetlands regulatory program was expanded yet again by regulatory action to include isolated wetlands (wetlands that are not adjacent to navigable waters), and such an expansion formed the basis for burdensome intrusions on the property rights of Alaskans, Alaskan Native Corporations, and the State of Alaska; (14) expansion of the wetlands regulatory program in this manner is beyond what the Congress intended when it passed the Clean Water Act and has placed unnecessary economic and administrative burdens on private property owners, small businesses, city governments, State governments, farmers, ranchers, and others, while providing negligible environmental benefits; (15) for Alaska, a State with substantial conserved wetlands and less than 1 percent private, noncorporate land ownership, the burdens of the current wetlands regulatory program unnecessarily inhibit reasonable community growth and environmentally benign resource development; (16) Alaska villages, municipalities, boroughs, city governments, and Native organizations are increasingly frustrated with the constraints of the wetlands regulatory program because it interferes with the location of community centers, airports, sanitation systems, roads, schools, industrial areas, and other critical community infrastructure; (17) policies intended to achieve ``no net loss'' of wetlands reflect a response to the 53 percent loss of the wetlands base in the 48 contiguous States, and do not take into account the large percentage of conserved wetlands in Alaska; and (18) individual landowners in Alaska have lost up to 97 percent of their property value and Alaskan communities have lost a significant portion of their tax base due to wetlands regulations. SEC. 3. AMENDMENTS TO THE FEDERAL WATER POLLUTION CONTROL ACT. (a) National Policy.--Section 101(a) of the Federal Water Pollution Control Act (33 U.S.C. 1251(a)) is amended by-- (1) striking ``and'' at the end of paragraph (6); (2) striking the period at the end of paragraph (7) and inserting in lieu thereof a semicolon; and (3) adding at the end the following new paragraphs: ``(8) it is the national policy to (A) achieve a balance between wetlands conservation and adverse economic impacts on local, regional, and private economic interests, and (B) eliminate the regulatory taking of private property by the regulatory program authorized under section 404; ``(9) it is the national policy to encourage localized wetlands planning (without mandating such planning and by providing funds to facilitate such planning), and to allow greater flexibility for the issuance of wetlands permits in States with substantial conserved wetlands; and ``(10) it is the national policy that compensatory mitigation under section 404 for the development of wetlands in a State with substantial conserved wetlands shall not be required, requested, or otherwise utilized to offset impacts to such wetlands.''. (b) Discharge Permits.--Section 404(b) of the Federal Water Pollution Control Act (33 U.S.C. 1344(b)) is amended by inserting after the period at the end the following new sentence: ``Notwithstanding the preceding sentence, such guidelines with respect to disposal sites in any State with substantial conserved wetlands-- ``(A) shall not require mitigation to compensate for wetlands loss and adverse impacts to wetlands; ``(B) may include reasonable requirements for the minimization of adverse impacts to wetlands; and ``(C) may include reasonable requirements for the avoidance of impacts, but may not require the permit applicant to establish that alternative sites do not exist.''. (c) General Permits.--Section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 1344(e)) is amended by inserting at the end the following new paragraph: ``(3) Notwithstanding the requirements of paragraphs (1) and (2), at the request of a State with substantial conserved wetlands, the Secretary shall issue a general permit on a Statewide basis for any category of activities in such State. Any such permit shall apply to the discharge of dredged or fill material into disposal sites that are up to, at a minimum, 10 acres in size, and may not contain guidelines for disposal sites that are more stringent than the guidelines for such sites in that State under subsection (b).''. (d) Nonprohibited Discharges.--Section 404(f)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)(1)) is amended by-- (1) striking the comma at the end of subparagraph (F) and inserting in lieu thereof a semicolon; and (2) adding at the end the following new subparagraph: ``(G) in a State with substantial conserved wetlands-- ``(i) associated with airport safety (ground and air); ``(ii) for the construction and maintenance of log transfer facilities relating to log transportation activities; ``(iii) for the construction of tailings impoundments utilized for treatment facilities (as determined by the development document) for the mining subcategory for which the tailings impoundments are constructed; ``(iv) for the construction of ice pads and ice roads and for the purposes of snow storage and removal; or ``(v) resulting from any silviculture activity or practice undertaken on economic base lands.''. (e) Definitions.--Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), as amended, is amended further by adding at the end the following new subsections: ``(u) Definitions.--For purposes of this section-- ``(1) the term `conserved wetlands' means wetlands that are located in the National Park System, National Wildlife Refuge System, National Wilderness System, the Wild and Scenic River System, and other similar Federal conservation systems, as well as wetlands located in comparable types of conservation systems established under State or local authority; ``(2) the term `economic base lands' means lands conveyed to, selected by, or owned by Alaska Native entities pursuant to the Alaska Native Claims Settlement Act (Public Law 92-203), as amended, or the Alaska Native Allotment Act of 1906 (34 Stat. 197), as amended, and lands conveyed to, selected by, or owned by, the State of Alaska pursuant to the Alaska Statehood Act (Public Law 85-508), as amended; and ``(3) the term `State with substantial conserved wetlands' means any State which-- ``(A) contains at least 15 acres of conserved wetlands for each acre of wetlands filled, drained, or otherwise converted within such State (based upon wetlands loss statistics reported in the 1990 United States Fish and Wildlife Service Wetlands Trends report to Congress entitled `Wetlands Losses in the United States 1780's to 1980's'); or ``(B) the Secretary of the Army determines has sufficient conserved wetlands to provide adequate wetlands conservation in such State, based on the policies set forth in this Act. ``(v) Alaska Native and State of Alaska Land Exceptions.-- ``(1)(A) Notwithstanding subsections (a) or (b), upon application by the holder of economic base lands, the Secretary shall issue a permit for the discharge of dredged or fill material into the navigable waters at a disposal site on such lands if such discharge complies with reasonable guidelines established by the Secretary under this subsection. The guidelines established by the Secretary under this subsection may be no more stringent than the guidelines established under subsection (b) for disposal sites in a State with substantial conserved wetlands, and must take into consideration the requirements of subparagraph (B). ``(B) In considering the requirements otherwise applicable under subsections (a) and (b) for use in guidelines applicable to permits issued under this paragraph, the Secretary shall-- ``(i) balance the standards and policies of this Act against the obligations of the United States to allow economic base lands to be beneficially used to create and sustain economic activity; ``(ii) with respect to Alaska Native lands, give substantial weight to the social and economic needs of Alaska Natives; and ``(iii) consider the abundance and value of conserved wetlands in the State in which such economic base lands are found. ``(2) The Secretary shall issue general permits under subsection (e)(1) for categories of activities on economic base lands relating to the development of rural Alaska community infrastructure (including water and sewer systems, airports, roads, communication sites, fuel storage sites, landfills, housing, hospitals, medical clinics, and schools) without determining whether or not such activities will cause only minimal adverse environmental effects when performed separately, or whether or not such activities will have only minimal cumulative adverse effects on the environment. ``(3) The Secretary shall consult with and provide assistance to Alaska Natives (including Alaska Native Corporations) and the State of Alaska regarding promulgation and administration of policies and regulations under this section.''.

Alaska Wetlands Conservation Act - Amends the Federal Water Pollution Control Act to provide that specified guidelines for disposal sites for the discharge of dredged and fill material into navigable waters for States with substantial conserved wetlands areas: (1) shall not require mitigation to compensate for wetlands loss and adverse impacts; (2) may include requirements for minimization of such impacts; and (3) may include requirements for avoidance of impacts but may not require the permit applicant to establish that alternative sites do not exist.Directs the Secretary of the Army, at the request of such a State, to issue a general permit for such State which applies to the discharge of dredged or fill material into disposal sites of at least ten acres, and may not contain guidelines for disposal sites that are more stringent than the guidelines described above. Describes nonprohibited discharges of such material in such States.Requires the Secretary to issue a permit to a holder of economic base lands (specified lands conveyed to or owned by Alaska Native entities or the State of Alaska) for the discharge of dredged or fill material into the navigable waters at a disposal site if such discharge complies with reasonable guideline established by the Secretary.Directs the Secretary to issue general permits for categories of activities on economic base lands relating to the development of rural Alaska community infrastructure without determining whether such activities will cause only minimal adverse environmental effects.

A bill to amend the wetlands regulatory program under the Federal Water Pollution Control Act to provide credit for the low wetlands loss rate in Alaska and recognize the significant extent of wetlands conservation in Alaska, to protect Alaskan property owners, and to ease the burden on overly regulated Alaskan cities, boroughs, municipalities, and villages.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Experimentation Right To Know Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Over 21,000,000 animals are used every year in laboratory experiments and tests conducted by research facilities subject to the Animal Welfare Act (7 U.S.C. 2131 et seq.), and many of these experiments and tests are painful, distressful and cause permanent injury or death to the animals. (2) In addition to animal experimentation and testing conducted by private research facilities, the Federal Government spends over $5,000,000,000 annually on experiments and tests involving the use of animals. (3) The Federal Government must bear the responsibility for making information on animal experimentation complete, coherent, and readily accessible to the American public. (4) While the Department of Agriculture currently requires all registered research facilities conducting animal research to file an annual report, the compilation of these reports fails to provide comprehensive annual profiles of laboratory animal use in the United States. (5) The Department of Defense conducts almost $200,000,000 worth of animal testing every year and has not provided detailed information on its experimentation programs. (6) Military researchers receive Federal funding for tests involving animals without being subject to the same review process as other researchers in the scientific community. SEC. 3. RESEARCH FACILITIES ANNUAL REPORT REGARDING ANIMAL EXPERIMENTATION AND TESTING. (a) Additional Elements of Report.--Subsection (a)(7)(B) of section 13 of the Animal Welfare Act (7 U.S.C. 2143) is amended-- (1) by striking ``and'' at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ``; and''; and (3) by adding at the end the following new clauses: ``(iv) information regarding where animals used by such facility were obtained; ``(v) an accurate count of all animals of all species used in animal experimentation testing, including rats, mice, birds and other animals; and ``(vi) information regarding the general purposes of the animal experimentation program of such facility, including whether the animals were used in the fields of research, testing, or education.''. (b) Availability of Certain Report Information.--Subsection (a)(7) of such section is amended by adding at the end the following new subparagraph: ``(C) The Secretary shall develop a system for releasing to the public information derived from subparagraph (B)(iv) regarding where animals used in research are obtained.''. SEC. 4. DEPARTMENT OF DEFENSE ANIMAL EXPERIMENTATION PROGRAMS. (a) Special Requirements for Defense Research Facilities.--Section 14 of the Animal Welfare Act (7 U.S.C. 2144) is amended-- (1) by inserting ``(a) In General.--'' after ``Sec. 14.''; and (2) by adding at the end the following new subsection: ``(b) Special Requirements for Department of Defense.--(1) The Secretary of Defense shall submit an annual report to Congress on the animal experimentation programs of the Department of Defense. The report shall provide in-depth profiles of animal research (including testing, education and training) conducted at each Department research facility. To the greatest extent possible, such report should be filed as an unclassified document. ``(2) The annual report shall include the following: ``(A) Initiatives to promote alternative research methods that would phase out and reduce the use of animals in research. ``(B) Procedures adopted to prevent unintended duplication of research. ``(C) The total cost of the animal-based research in comparison to other forms of biological research conducted by the research facilities, each military department, and the Department of Defense as a whole. ``(3) The Secretary of Defense shall establish programs to phase out and replace current uses of animals at research facilities of the Department of Defense, in accordance with the initiatives identified under paragraph (2)(A). ``(4) The Secretary of Defense shall appoint an ombudsman for animal issues at each research facility of the Department of Defense. The purpose of this individual would be to field and act on any complaints and concerns about the facility's animal care and use program. ``(5) The Secretary of Defense shall submit an annual report to the Secretary of Agriculture in accordance with section 13(a)(7). ``(6) The Secretary of Defense may submit a waiver form in place of any information regarding animal tests that the Secretary of Defense determines cannot be publicly disclosed for reasons of national security.''. (b) Review of Defense Animal Experimentation Programs.--The President shall appoint an 11 member panel of biomedical experts and animal care experts to investigate the animal use and care programs of the Department of Defense. At the direction of the President, the panel shall examine the ethics and regulation of the number and types of animal experiments conducted by the Department of Defense.

Animal Experimentation Right to Know Act - Amends the Animal Welfare Act to require annual reports from research facilities concerning animal experimentation and testing to include information regarding: (1) where animals used were obtained; (2) an accurate count of all animals of all species used in experiments; and (3) the general purposes of the animal experimentation program of the facility. Directs the Secretary of Agriculture to develop a system for release to the public of information regarding where animals used for experimentation were obtained. Directs the Secretary of Defense to submit to the Congress an annual report on the animal experimentation programs of the Department of Defense, including in-depth profiles of animal research conducted at each Department facility. Requires the initiation of alternative research methods which would phase out and reduce the use of animals in Department research. Directs the Secretary to appoint an ombudsman for animal issues at each Department research facility. Requires an annual report to the Secretary of Agriculture. Directs the President to appoint a panel of biomedical and animal care experts to investigate the animal use and care programs of the Department.

Animal Experimentation Right To Know Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Efficiency Improvement Act of 2017''. SEC. 2. WATERSENSE. (a) In General.--Part B of title III of the Energy Policy and Conservation Act is amended by adding after section 324A (42 U.S.C. 6294a) the following: ``SEC. 324B. WATERSENSE. ``(a) Establishment of WaterSense Program.-- ``(1) In general.--There is established within the Environmental Protection Agency a voluntary WaterSense program to identify and promote water-efficient products, buildings and building landscapes, facilities, processes, and services that, through voluntary labeling of, or other forms of communications regarding, products, buildings and building 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 of the Environmental Protection Agency (referred to in this section as the `Administrator') shall, consistent with this section, identify water-efficient products, buildings and building 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) whole house humidifiers; and ``(G) water-efficient buildings or facilities, and building or facility landscapes. ``(b) Duties.--The Administrator, coordinating as appropriate with the Secretary, 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, minimizing unintended or negative impacts to wastewater treatment works, recycled water quality, or water quality in receiving water; ``(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 and building 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; ``(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 often than 6 years but not less often than 10 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 and building landscape, process, or service category being addressed; ``(6) use, to the extent that an agency action is based on science-- ``(A) the best available peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and ``(B) data collected by accepted methods or best available methods (if the reliability of the method and the nature of the decision justifies use of the data); and ``(7) not later than December 31, 2022, 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 estimate aggregate production, aggregate market penetration, and savings of water, energy, and capital costs of water, wastewater, and stormwater attributable to the use of WaterSense-labeled products, buildings and building landscapes, facilities, processes, and services. ``(d) Distinction of Authorities.--In setting or maintaining specifications for Energy Star pursuant to section 324A, and WaterSense under this section, the Secretary and 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.''. (b) Conforming Amendment.--The table of contents for the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by inserting after the item relating to section 324A the following: ``Sec. 324B. WaterSense.''.

Water Efficiency Improvement Act of 2017 This bill amends the Energy Policy and Conservation Act to codify the WaterSense Program of the Environmental Protection Agency (EPA) that allows water-efficient products, buildings, landscapes, facilities, processes, and services to bear a "WaterSense" label. The EPA must establish certification criteria for the WaterSense label, enhance public awareness regarding the label, preserve the label's integrity, and review, and if appropriate, revise the WaterSense label requirements. To the maximum extent practicable and no less than annually, the EPA must estimate and publish the aggregate production, aggregate market penetration, and savings of water, energy, and capital costs of water, wastewater, and stormwater attributable to the use of WaterSense-labeled products, buildings and building landscapes, facilities, processes, and services.

Water Efficiency Improvement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Technical Assistance, Resources, and Training to Unleash the Potential of Veterans Act of 2015'' or the ``STARTUP Vets Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) startups face common challenges as they seek to transform their ideas into successful, high-growth businesses; (2) incubators and accelerators are new models of growth that drive innovation by connecting entrepreneurial individuals and teams to create viable business ventures and social initiatives; (3) incubators and accelerators support promising start-ups through partnerships, mentoring, and resources connecting them with seasoned entrepreneurs; (4) the goal of an incubator or an accelerator is to help create and grow young businesses by providing them with necessary financial, technical, and industry support and financial and technical services; and (5) veterans and members of the Armed Forces can amplify the skills they have acquired through their service in the military through entrepreneurship. SEC. 3. INCUBATOR AND ACCELERATOR GRANT PROGRAM. Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by striking subsection (f) and inserting the following: ``(f) Incubator and Accelerator Grant Program.-- ``(1) Definitions.--In this subsection-- ``(A) the term `accelerator' means an organization that-- ``(i) frequently provides, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; ``(ii) works with a startup for predetermined amount of time; or ``(iii) offers startups capital and mentorship to scale businesses; ``(B) the term `covered individual' means-- ``(i) a member of the Armed Forces, without regard to whether the member is participating in the Transition Assistance Program of the Department of Defense; ``(ii) an individual who is participating in the Transition Assistance Program of the Department of Defense; ``(iii) an individual who-- ``(I) served on active duty in any branch of the Armed Forces, including the National Guard and Reserves; and ``(II) was discharged or released from such service under conditions other than dishonorable; and ``(iv) a spouse or dependent of an individual described in clause (i), (ii), or (iii); ``(C) the term `eligible grantee' means an incubator or accelerator that-- ``(i) has a physical space, and not necessarily exclusive use of physical space, in which veterans may come together to work on business ideas; and ``(ii) has been operational for not less than 1 year before receiving a grant under the program; ``(D) the term `incubator' means an organization that is designed to accelerate the growth and success of businesses through a variety of business support resources and services, including physical space, capital, coaching, common services, and networking connections; and ``(E) the term `program' means the grant program established under paragraph (2)(A). ``(2) Establishment.-- ``(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Administrator shall establish a grant program under which the Administrator shall make grants to eligible grantees to create and operate incubators and accelerators that provide technical assistance and training to covered individuals on how to become successful entrepreneurs and form small business concerns. ``(B) Goals.--The goals of the program are-- ``(i) to enable covered individuals to effectively transfer relevant skills to launch and accelerate small business concerns owned and controlled by covered individuals; and ``(ii) to create an avenue for high- performing covered individuals to meet and collaborate on business ideas. ``(C) Designation as a technical assistance program.--The program shall be considered a management and technical assistance training program of the Administration. ``(3) Application.-- ``(A) In general.--An eligible grantee desiring to receive a grant under the program shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. ``(B) Evaluation.--Before making an award to an eligible grantee under the program, the Administrator or a designee of the Administrator shall conduct a site visit or evaluate a video submission of the eligible grantee. ``(C) Preference.--In awarding grants under the program, the Administrator shall give a preference to an eligible grantee that operates a veterans-focused incubator or accelerator within the eligible grantee as of the date on which the eligible grantee submits an application under subparagraph (A). ``(4) Use of funds.--Each eligible grantee that is awarded a grant under the program shall operate and, if necessary, create, within the eligible grantee-- ``(A) an incubator or accelerator focused on assisting covered individuals; or ``(B) an incubator or accelerator that assists all types of entrepreneurs, which shall provide targeted activities, curriculum, events, and mentorship tailored to covered individuals. ``(5) Duties.--Each eligible grantee awarded a grant under the program shall-- ``(A) establish and use a competitive process, if such a process has not been established, for selecting covered individuals to participate in the incubator or accelerator, as applicable; ``(B) create a forum for high-performing covered individuals to meet and collaborate; ``(C) designate a full-time executive director or program manager, if such a director or manager has not been designated, to manage the incubator or accelerator, as applicable; ``(D) provide training and education, including curriculum on entrepreneurship, to meet the needs of covered individuals to enable them to translate skills from their military service to entrepreneurship; ``(E) provide mentoring to covered individuals who are entrepreneurs, which shall consist of experienced and successful entrepreneurs providing advice and guidance to covered individuals who have had similar experiences; and ``(F) connect covered individuals with investors who are looking to support covered individuals as entrepreneurs. ``(6) Availability to veterans affairs.--In consultation with the Secretary of Veterans Affairs, the Associate Administrator shall make available outreach materials regarding the program for distribution and display at local facilities of the Department of Veterans Affairs. ``(7) Duration of grant.--A grant awarded under the program-- ``(A) shall be for a period of not more than 2 years; and ``(B) may be renewed for additional 2-year periods in accordance with paragraph (8). ``(8) Renewal of grant.--In renewing a grant under the program, the Administrator-- ``(A) shall consider the results of the most recent annual evaluation of the eligible grantee under paragraph (9); and ``(B) may withhold a grant if the Administrator determines that the eligible grantee failed to provide the Administrator with information necessary to complete an annual evaluation of the eligible grantee under paragraph (9). ``(9) Annual evaluations.--Not later than 1 year after the Administrator awards a grant to an eligible grantee under the program, and every year thereafter in which the eligible grantee is awarded a grant under the program, the Administrator shall conduct an evaluation of and issue a report on the eligible grantee, which shall include-- ``(A) the total number of covered individuals served by the eligible grantee; and ``(B) the total number of startups assisted by the eligible grantee. ``(10) Annual report.-- ``(A) In general.--Not later than 1 year after the date on which the Administrator establishes the program, and every year thereafter, the Associate Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the program, which shall include-- ``(i) the total number of covered individuals served by each eligible grantee awarded a grant under the program; ``(ii) to the extent possible-- ``(I) the demographics of covered individuals assisted under the program, to include gender, age, race, relationship to military, Military Occupational Code, and years of service of covered individuals; ``(II) the number of startups launched or expanded with assistance provided under the program; and ``(III) the number of jobs created with assistance provided under the program; ``(iii) results of participant satisfaction surveys, including a summary of any comments from covered individuals assisted under the program; and ``(iv) an evaluation of the effectiveness of the program in each region of the Administration during the most recent fiscal year. ``(11) Funding.--For each of fiscal years 2016 through 2020, the Administration shall use not more than $1,000,000 from amounts made available to the Office of Veterans Business Development to carry out the program.''.

Strengthening Technical Assistance, Resources, and Training to Unleash the Potential of Veterans Act of 2015 or the STARTUP Vets Act of 2015 This bill amends the Small Business Act to require the Small Business Administration (SBA) to make two-year renewable grants to create and operate incubators and accelerators that provide technical assistance and training to covered individuals on how to become successful entrepreneurs and form small business concerns. Such program shall be considered an SBA management and technical assistance training program. Program outreach materials shall be made available at local Department of Veterans Affairs facilities. "Covered individual" means: a member of the Armed Forces, without regard to whether he or she participates in the Transition Assistance Program of the Department of Defense; an individual who is participating in the Transition Assistance Program; an individual who served on active duty in any branch of the Armed Forces, including the National Guard and Reserves, and was discharged or released under conditions other than dishonorable; and a spouse or dependent.

STARTUP Vets Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Front to Heroes Postal Benefits Act''. SEC. 2. POSTAL BENEFITS PROGRAM FOR SENDING FREE MAIL TO MEMBERS OF THE ARMED FORCES SERVING IN CERTAIN OVERSEAS OPERATIONS AND HOSPITALIZED MEMBERS. (a) Availability of Postal Benefits.--The Secretary of Defense, in consultation with the United States Postal Service, shall provide for a program under which postal benefits are provided during fiscal year 2010 to qualified individuals in accordance with this section. (b) Qualified Individual.--In this section, the term ``qualified individual'' means a member of the Armed Forces described in subsection (a)(1) of section 3401 of title 39, United States Code, who is entitled to free mailing privileges under such section. (c) Postal Benefits Described.-- (1) Vouchers.--The postal benefits provided under the program shall consist of such coupons or other similar evidence of credit (in this section referred to as a ``voucher'') to permit a person possessing the voucher to make a qualified mailing to any qualified individual without charge using the Postal Service. The vouchers may be in printed, electronic, or such other format as the Secretary of Defense, in consultation with the Postal Service, shall determine to be appropriate. (2) Qualified mailing.--In this section, the term ``qualified mailing'' means the mailing of a single mail piece which-- (A) is first-class mail (including any sound- or video-recorded communication) not exceeding 13 ounces in weight and having the character of personal correspondence or parcel post not exceeding 15 pounds in weight; (B) is sent from within an area served by a United States post office; and (C) is addressed to any qualified individual. (3) Coordination rule.--Postal benefits under the program are in addition to, and not in lieu of, any reduced rates of postage or other similar benefits which might otherwise be available by or under law, including any rates of postage resulting from the application of section 3401(b) of title 39, United States Code. (d) Number of Vouchers.--A member of the Armed Forces shall be eligible for one voucher for every month (or part of a month) during fiscal year 2010 in which the member is a qualified individual. Subject to subsection (f)(2), a voucher earned during fiscal year 2010 may be used after the end of such fiscal year. (e) Transfer of Vouchers.--A qualified individual may transfer a voucher to a member of the family of the qualified individual, a nonprofit organization, or any other person selected by the qualified individual for use to send qualified mailings to the qualified individual or other qualified individuals. (f) Limitations on Use; Duration.--A voucher may not be used-- (1) for more than one qualified mailing, whether that mailing is a first-class letter or a parcel; or (2) after the expiration date of the voucher, as designated by the Secretary of Defense. (g) Regulations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense (in consultation with the Postal Service) shall prescribe such regulations as may be necessary to carry out the program, including-- (1) procedures by which vouchers will be provided or made available in timely manner to qualified individuals; and (2) procedures to ensure that the number of vouchers provided or made available with respect to any qualified individual complies with subsection (d). (h) Transfers of Funds to Postal Service.-- (1) Based on estimates.--The Secretary of Defense shall transfer to the Postal Service, out of amounts available to carry out the program and in advance of each calendar quarter during which postal benefits may be used under the program, an amount equal to the amount of postal benefits that the Secretary estimates will be used during such quarter, reduced or increased (as the case may be) by any amounts by which the Secretary finds that a determination under this subsection for a prior quarter was greater than or less than the amount finally determined for such quarter. (2) Based on final determination.--A final determination of the amount necessary to correct any previous determination under this section, and any transfer of amounts between the Postal Service and the Department of Defense based on that final determination, shall be made not later than six months after the expiration date of the final vouchers issued under the program. (3) Consultation required.--All estimates and determinations under this subsection of the amount of postal benefits under the program used in any period shall be made by the Secretary of Defense in consultation with the Postal Service.

Home Front to Heroes Postal Benefits Act - Directs the Secretary of Defense to provide for a program under which postal benefit vouchers are provided during FY2010 for members of the Armed Forces who are serving in overseas operations or who are hospitalized due to a disease or injury incurred as a result of such service. Permits the vouchers to be transferred to another person to allow that person to mail correspondence and small parcels to the member. Limits vouchers to one per month. Allows a voucher earned during FY2010 to be used after the end of that fiscal year. Directs the Secretary to transfer to the Postal Service an amount representing the amount of the vouchers used.

To provide monthly vouchers to members of the Armed Forces serving in overseas operations, or hospitalized due to a disease or injury incurred as a result of service in such operations, that a member may transfer to another person to permit the person to mail, without charge, correspondence and small parcels to members of the Armed Forces.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Stamp Trafficking Prevention and Penalty Act of 1995''. SEC. 2. BIENNIAL REAUTHORIZATION OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS. Section 9(a)(2)(A) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(2)(A)) is amended-- (1) by striking ``periodic'', and (2) by inserting ``not less frequently that at 2-year intervals'' before the semicolon. SEC. 3. DOCUMENTATION REQUIRED RELATING RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS. The first sentence of section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended by inserting ``and documentation (which may include tax documents, business licenses, certificates of incorporation, and other official documents)'' after ``information''. SEC. 4. CIVIL AND CRIMINAL FORFEITURE OF PROPERTY. (a) Forfeiture.--The Food Stamp Act of 1977 (7 U.S.C. 2011-2032) is amended by adding at the end the following: ``SEC. 24. CIVIL AND CRIMINAL FORFEITURE. ``(a) Property Subject to Forfeiture.--In the case of a violation (other than a misdemeanor) of subsection (b) or (c) of section 15, the following shall be subject to forfeiture to the United States in a civil or criminal proceeding, and no property right shall exist in them: ``(1) All coupons which have been used, transferred, acquired, altered, possessed, or presented or caused to be presented for payment or redemption in violation of subsection (b) or (c) of section 15. ``(2) All conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in paragraph (1), except that-- ``(A) no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under this section unless it appears that the owner or other person in charge of such conveyance was a consenting party or privy to a violation of subsection (b) or (c) of section 15; ``(B) no conveyance shall be forfeited under this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of any State; and ``(C) no conveyance shall be forfeited under this paragraph to the extent of an interest of an owner, by reason of any act or omission established by that owner to have been committed, or omitted without the knowledge, consent, or willful blindness of the owner. ``(3) All books, records, microfilm, tapes, and data which are used, or intended for use, in violation of subsection (b) or (c) of section 15. ``(4) All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for coupons in violation of subsection (b) or (c) of section 15, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of subsection (b) or (c) of section 15, except that no property shall be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. ``(5) All real property, including any right, title, and interest (including any leasehold interest) in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of subsection (b) or (c) of section 15 punishable by more than one year's imprisonment, except that no property shall be forfeited under this paragraph, to the extent of an interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. ``(6) All coupons which have been involved in violation of subsection (b) or (c) of section 15. ``(b) Seizure Pursuant to Supplemental Rules for Certain Admiralty and Maritime Claims; Issuance of Warrant Authorizing Seizure.--Any property subject to forfeiture to the United States under subsection (a) may be seized by the Attorney General upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made when-- ``(1) the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; ``(2) the property subject to seizure has been the subject of a prior judgment in favor of the United States in a criminal injunction or forfeiture proceeding under this section; ``(3) the Attorney General has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or ``(4) the Attorney General has probable cause to believe that the property is subject to civil forfeiture under subsection (a). In the event of seizure pursuant to paragraph (2), proceedings under subsection (e) shall be instituted promptly. The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under subsection (a) in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. ``(c) Criminal Forfeiture.--The court in imposing sentence on a person convicted of violation (other than a misdemeanor) of subsection (b) or (c) of section 15 shall order that the person forfeit to the United States any property subject to forfeiture to the United States under subsection (a). ``(d) Custody of Attorney General.--Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General, subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under this section, the Attorney General may-- ``(1) place the property under seal; ``(2) remove the property to a place designated by the Attorney General; or ``(3) require that the General Services Administration take custody of the property and remove it, if practicable, to an appropriate location for disposition in accordance with law. ``(e) Other Laws and Proceedings Applicable.--The provisions of law relating to-- ``(1) the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws; ``(2) the disposition of such property or the proceeds from the sale thereof; ``(3) the remission or mitigation of such forfeitures; and ``(4) the compromise of claims; shall apply to seizure and forfeitures incurred, or alleged to have been incurred, under this section, insofar as applicable and not inconsistent with the provisions hereof, except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or other persons as may be authorized to be designated for that purpose by the Attorney General unless such duties arise from seizures and forfeitures effected by any customs officer. ``(f) Disposition of Forfeited Property.-- ``(1) Methods.--Whenever property is forfeited under this section the Attorney General may-- ``(A) retain the property for official use or, in the manner provided with respect to transfers under section 1616a of title 19, United States Code, transfer the property to any Federal agency or to any State or local law enforcement agency which participated directly in the seizure or forfeiture of the property; ``(B) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public; ``(C) require that the General Services Administration take custody of the property and dispose of it in accordance with law; or ``(D) transfer the forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in a seizure or forfeiture of the property, if such a transfer-- ``(i) has been agreed to by the Secretary of State; ``(ii) is authorized in an international agreement between the United States and the foreign country; and ``(iii) is made to a country which, if applicable, has been certified under section 2291(h) of title 22, United States Code. ``(2) Use of proceeds from sales.--The proceeds from any sale under paragraph (1)(B) and any monies forfeited under this section shall be used-- ``(A) first, to reimburse the Department of Justice for the costs incurred by the Department to initiate and complete the forfeiture proceeding that caused the sale that produced such proceeds; ``(B) second, to reimburse the Department of Agriculture for any costs incurred by the Department to assist the Department of Justice to initiate or complete such proceeding; and ``(C) third, to reimburse the State agency for any costs incurred by the State agency to assist the Department of Justice, or the Department of Agriculture, to initiate or complete such proceeding. The amount remaining, if any, shall be available to the Secretary to carry out this Act. ``(3) Transfer of property.--The Attorney General shall ensure that any property transferred to a State or local law enforcement agency under paragraph (1)(A)-- ``(A) has a value that bears a reasonable relationship to the degree of direct participation of the State or local law enforcement agency in the law enforcement effort resulting in the forfeiture, taking into account the total value of all property forfeited and the total law enforcement effort with respect to the violation of law on which the forfeiture is based; and ``(B) is not so transferred to circumvent any requirement of State law that prohibits forfeiture or limits use or disposition of property forfeited to State or local agencies. ``(g) Forfeiture and Destruction of Coupons.--All coupons that are used, transferred, acquired, altered, possessed, or presented or caused to be presented for payment or redemption in violation of subsection (b) or (c) of section 15 shall be deemed contraband, and seized and summarily forfeited to the United States. Similarly, all coupons which are seized or come into the possession of the United States, the owners of which are unknown, shall be deemed contraband and summarily forfeited to the United States. ``(h) Vesting of Title in United States.--All right, title, and interest in property described in subsection (a) shall vest in the United States upon commission of the act giving rise to forfeiture under this section. ``(i) Stay of Civil Forfeiture Proceedings.--The filing of an indictment or information alleging a violation of section 15 which is also related to a civil forfeiture proceeding under this section shall, upon motion of the United States and for good cause shown, stay the civil forfeiture proceeding. ``(j) Venue.--In addition to the venue provided for in section 1395 of title 28, United States Code, or any other provision of law, in the case of property of a defendant charged with a violation that is the basis for forfeiture of the property under this section, a proceeding for forfeiture under this section may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought. ``(k) Agreement Between Attorney General and Postal Service for Performance of Functions.--The functions of the Attorney General under this section shall be carried out by the Postal Service pursuant to such agreement as may be entered into between the Attorney General and the Postal Service. ``(l) Expedited Procedures for Property of Retail Food Stores and Wholesale Food Concerns.-- ``(1) Petition for expedited decision; determination.--(A) A retail food store or wholesale food concern may petition the Attorney General for an expedited decision with respect to property used to carry out its food sale operations if such property is seized under this section and if such store or such concern filed the requisite claim and cost bond in the manner provided in section 1608 of title 19, United States Code. The Attorney General shall make a determination on a petition under this subsection expeditiously, including a determination of any rights or defenses available to the petitioner. If the Attorney General does not grant or deny a petition under this subsection within 20 days after the date on which the petition is filed, such property shall be returned to the owner pending further forfeiture proceedings. ``(B) With respect to a petition under this subsection, the Attorney General may-- ``(i) deny the petition and retain possession of such property; ``(ii) grant the petition, move to dismiss the forfeiture action, if filed, and promptly release such property to such store or such concern; or ``(iii) advise the petitioner that there is not adequate information available to determine the petition and promptly release such property to such store or such concern. ``(C) Release of property under subparagraph (A) or (B)(iii) does not affect any forfeiture action with respect to such property. ``(D) The Attorney General shall prescribe regulations to carry out this subsection. ``(2) Written notice of procedures.--At the time of seizure, the officer making the seizure shall furnish to any person in possession of such property a written notice specifying the procedures under this subsection. At the earliest practicable opportunity after determining ownership of the seized property, the head of the department or agency that seizes such property shall furnish a written notice to such store or such concern, and other interested parties (including lienholders), of the legal and factual basis of the seizure. ``(3) Complaint for forfeiture.--Not later than 60 days after a claim and cost bond have been filed under section 1608 of title 19, United States Code, regarding property seized under this section, the Attorney General shall file a complaint for forfeiture in the appropriate district court, except that the court may extend the period for filing for good cause shown or on agreement of the parties. If the Attorney General does not file a complaint as specified in the preceding sentence, the court shall order the return of such property to such store or such concern and the forfeiture may not take place. ``(4) Bond for release of property used in food sale operation.--Any retail food store or wholesale food concern may obtain release of property used to carry out its food sale operations by providing security in the form of a bond to the Attorney General in an amount equal to the value of such property unless the Attorney General determines such property should be retained (A) as contraband, (B) as evidence of a violation of law, or (C) because, by reason of design or other characteristic, such property is particularly suited for use in illegal activities.''. (b) Conforming Amendment.--Section 15 of the Food Stamp Act of 1977 (7 U.S.C. 2024) is amended by striking subsection (g). SEC. 5. EFFECTIVE DATES. (a) Regulations.--The amendment made by sections 2 and 3 shall take effect 60 days after the date of the enactment of this Act. (b) Laundering and Forfeiture.--The amendments made by section 4 shall take effect on the date of the enactment of this Act.

Food Stamp Trafficking Prevention and Penalty Act of 1995 - Amends the Food Stamp Act of 1977 to provide for: (1) food stamp program biennial reauthorization of retail food stores and wholesale food concerns; and (2) civil and criminal forfeiture of property for certain food stamp trafficking and use violations.

Food Stamp Trafficking Prevention and Penalty Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Swap Execution Facility Clarification Act''. SEC. 2. DEFINITION OF SWAP EXECUTION FACILITY. (a) Commodity Exchange Act.--Section 1a(50) of the Commodity Exchange Act (7 U.S.C. 1a(50)) is amended-- (1) by striking ``The term'' and inserting the following: ``(A) In general.--The term''; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by moving the margins 2 ems to the right); and (3) by adding at the end the following: ``(B) Interpretation.--In interpreting or further defining the term `swap execution facility', the Commission shall not require a swap execution facility to-- ``(i) have a minimum number of participants receive a bid or offer or respond to any trading system or platform functionality; ``(ii) display or delay bids or offers for any period of time; ``(iii) limit the means of interstate commerce utilized by market participants to enter into and execute any swap transactions on the trading system or platform; or ``(iv) require bids or offers on one trading system or platform operated by the swap execution facility to interact with bids or offers on another trading system or platform operated by the swap execution facility''. (b) Securities Exchange Act of 1934.--Section 3(a)(77) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(77)) is amended-- (1) by striking ``The term'' and inserting the following: ``(A) In general.--The term''; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by moving the margins 2 ems to the right); and (3) by adding at the end the following: ``(B) Interpretation.--In interpreting or further defining the term `security-based swap execution facility', the Commission shall not require a security- based swap execution facility to-- ``(i) have a minimum number of participants receive a bid or offer or respond to any trading system or platform functionality; ``(ii) display or delay bids or offers for any period of time; ``(iii) limit the means of interstate commerce utilized by market participants to enter into and execute any security-based swap transactions on the `method of trading functionality; or ``(iv) require bids or offers on one trading system or platform operated by the swap execution facility to interact with bids or offers on another method of trading functionality operated by the swap execution facility.''. SECTION 1. SHORT TITLE. This Act may be cited as the ``Swap Execution Facility Clarification Act''. SEC. 2. DEFINITION OF SWAP EXECUTION FACILITY. (a) Commodity Exchange Act.--Section 1a(50) of the Commodity Exchange Act (7 U.S.C. 1a(50)) is amended-- (1) by striking ``The term'' and inserting the following: ``(A) In general.--The term''; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and increasing the indentation of each such provision by 2 ems; and (3) by adding at the end the following: ``(B) Interpretation.--In interpreting or further defining the term `swap execution facility', the Commission shall not require a swap execution facility to-- ``(i) have a minimum number of participants receive a bid or offer or respond to any method of trading functionality; ``(ii) delay bids or offers for any period of time; or ``(iii) limit the means of interstate commerce utilized by market participants to enter into and execute any swap transactions on the method of trading functionality.''. (b) Securities Exchange Act of 1934.--Section 3(a)(77) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(77)), as added by section 761(a)(6) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended-- (1) by striking ``The term'' and inserting the following: ``(A) In general.--The term''; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and increasing the indentation of each such provision by 2 ems; and (3) by adding at the end the following: ``(B) Interpretation.--In interpreting or further defining the term `security-based swap execution facility', the Commission shall not require a security- based swap execution facility to-- ``(i) have a minimum number of participants receive a bid or offer or respond to any trading system or platform functionality; ``(ii) display or delay bids or offers for any period of time; ``(iii) limit the means of interstate commerce utilized by market participants to enter into and execute any security-based swap transactions on the trading system or platform; or ``(iv) require bids or offers on one trading system or platform operated by the swap execution facility to interact with bids or offers on another trading system or platform operated by the swap execution facility.''. SEC. 3. IMPLEMENTATION. The amendments made by this Act shall be implemented-- (1) without regard to-- (A) chapter 35 of title 44, United States Code; and (B) the notice and comment provisions of section 553 of title 5, United States Code; and (2) through the promulgation of an interim final rule.

Swap Execution Facility Clarification Act - Amends the Commodity Exchange Act to prohibit the Commodity Futures Trading Commission (CFTC), in interpreting or defining a "security-based swap execution facility," from requiring it to: (1) have a minimum number of participants receive a bid or offer or respond to any trading system or platform functionality, (2) display or delay bids or offers for any period of time, (3) limit the means of interstate commerce used by market participants to enter into and execute swap transactions on the trading system or platform, or (4) require bids or offers on one trading system or platform operated by the swap execution facility to interact with bids or offers on another trading system or platform operated by that facility. Amends the Securities Exchange Act of 1934 to prohibit the Securities and Exchange Commission (SEC), in interpreting or defining a "security-based swap execution facility," from requiring such a facility to do any of the things the CFTC is prohibited by this Act from requiring, with the exception that the SEC may not require such a facility to limit the means of interstate commerce used by market participants to enter into and execute security-based swap transactions on the method of trading functionality.

To refine the definition of swap execution facility in the provisions regulating swap markets added by title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Play Fair at the Olympics Act''. SEC. 2. LABOR STANDARDS AND OBSERVANCE. (a) Labor Standards and Observance.--Subchapter I of chapter 2205 of title 36, United States Code, is amended by adding at the end the following new section: ``Sec. 220513. Labor standards and observance ``The corporation shall-- ``(1) require, as a condition of a licensing agreement, that a company licensed by the corporation, including a subcontractor or supplier of such company-- ``(A) observe internationally recognized worker rights; and ``(B) submit to arbitration for the resolution of an allegation of a violation of such rights that is alleged to have occurred in such company, or in a subcontractor or supplier of such company; ``(2) include the following language in licensing agreements with companies to which the corporation is a party: `The licensee agrees not to take any action to prevent employees of the licensee from exercising their internationally recognized worker rights or to interfere with, coerce, or restrain employees in the exercise of such rights. The licensee further agrees to observe applicable domestic laws and International Labor Organization declarations and conventions relating to internationally recognized worker rights, including rights relating to the freedom of association and to collective bargaining, a minimum age for employment of children, minimum wages and maximum hours of work, occupational health and safety standards, and prohibitions against forced labor and workplace discrimination. The licensee further agrees to submit to arbitration for the resolution of an allegation of a violation of internationally recognized worker rights that is alleged to have occurred in such licensee. For purposes of this licensing agreement, the term `licensee' includes a subcontractor or supplier of the licensee.'; ``(3) publish quarterly the names of all companies, including subcontractors and suppliers of such companies, that produce goods pursuant to licensing agreements with the corporation; ``(4) establish a fund to which one percent of all fees earned pursuant to licensing agreements with companies to which the corporation is a party shall be contributed for the creation and maintenance of an independent body to expeditiously investigate and, if necessary, to expeditiously arbitrate, allegations of violations of internationally recognized worker rights that are alleged to have occurred in such companies, or in subcontractors or suppliers of such companies; and ``(5) cancel a licensing agreement with a company if such company, or a subcontractor or supplier of such company, violates an arbitration ruling made pursuant to paragraph (4) against such company, or against a subcontractor or supplier of such company, relating to a violation of internationally recognized worker rights.''. (b) Definitions.--Section 220501(b) of such title is amended-- (1) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9) respectively; and (2) by inserting after paragraph (5) the following new paragraph: ``(6) `internationally recognized worker rights' means the rights of workers specified in International Labor Organization declarations and conventions, including the Declaration on Fundamental Principles and Rights at Work, including-- ``(A) the freedom of association and the right to collective bargaining; ``(B) the elimination of forced and compulsory labor; ``(C) the abolition of child labor; ``(D) the elimination of discrimination in the workplace; and ``(E) the establishment of and adherence to-- ``(i) a minimum age for employment of children; ``(ii) minimum wages and maximum hours of work; and ``(iii) occupational health and safety standards.''. (c) Effective Date.--The amendment made by this section shall apply to licensing agreements with companies that are entered into by the United States Olympic Committee on or after the date that is 30 days after the date of the enactment of this Act. (d) Clerical Amendment to Table of Sections.--The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ``220513. Labor standards and observance.''.

Play Fair at the Olympics Act - Amends Federal law relating to the United States Olympic Committee (USOC) to direct the USOC to require observance of certain labor standards by companies that enter into licensing agreements with it, and by subcontractors and suppliers of such companies.

To amend title 36, United States Code, to require the observance of certain labor standards by companies that enter into licensing agreements with the United States Olympic Committee.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen Social Work Training Act of 2003''. SEC. 2. SOCIAL WORK STUDENTS. (a) Health Professions School.--Section 736(g)(1)(A) of the Public Health Service Act (42 U.S.C. 293(g)(1)(A)) is amended by striking ``graduate program in behavioral or mental health'' and inserting ``graduate program in behavioral or mental health including a school offering graduate programs in clinical social work, or programs in social work''. (b) Scholarships, Generally.--Section 737(d)(1)(A) of the Public Health Service Act (42 U.S.C. 293a(d)(1)(A)) is amended by striking ``mental health practice'' and inserting ``mental health practice including graduate programs in clinical psychology, graduate programs in clinical social work, or programs in social work''. (c) Faculty Positions.--Section 738(a)(3) of the Public Health Service Act (42 U.S.C. 293b(a)(3)) is amended by striking ``offering graduate programs in behavioral and mental health'' and inserting ``offering graduate programs in behavioral and mental health including graduate programs in clinical psychology, graduate programs in clinical social work, or programs in social work''. SEC. 3. GERIATRICS TRAINING PROJECTS. Section 753(b)(1) of the Public Health Service Act (42 U.S.C. 294c(b)(1)) is amended by inserting ``schools offering degrees in social work,'' after ``teaching hospitals,''. SEC. 4. SOCIAL WORK TRAINING PROGRAM. Subpart 2 of part E of title VII of the Public Health Service Act (42 U.S.C. 295 et seq.) is amended-- (1) by redesignating section 770 as section 770A; (2) by inserting after section 769, the following: ``SEC. 770. SOCIAL WORK TRAINING PROGRAM. ``(a) Training Generally.--The Secretary may make grants to, or enter into contracts with, any public or nonprofit private hospital, school offering programs in social work, or to or with a public or private nonprofit entity (which the Secretary has determined is capable of carrying out such grant or contract)-- ``(1) to plan, develop, and operate, or participate in, an approved social work training program (including an approved residency or internship program) for students, interns, residents, or practicing physicians; ``(2) to provide financial assistance (in the form of traineeships and fellowships) to students, interns, residents, practicing physicians, or other individuals, who are in need thereof, who are participants in any such program, and who plan to specialize or work in the practice of social work; ``(3) to plan, develop, and operate a program for the training of individuals who plan to teach in social work training programs; and ``(4) to provide financial assistance (in the form of traineeships and fellowships) to individuals who are participants in any such program and who plan to teach in a social work training program. ``(b) Academic Administrative Units.-- ``(1) In general.--The Secretary may make grants to or enter into contracts with schools offering programs in social work to meet the costs of projects to establish, maintain, or improve academic administrative units (which may be departments, divisions, or other units) to provide clinical instruction in social work. ``(2) Preference in making awards.--In making awards of grants and contracts under paragraph (1), the Secretary shall give preference to any qualified applicant for such an award that agrees to expend the award for the purpose of-- ``(A) establishing an academic administrative unit for programs in social work; or ``(B) substantially expanding the programs of such a unit. ``(c) Duration of Award.--The period during which payments are made to an entity from an award of a grant or contract under subsection (a) may not exceed 5 years. The provision of such payments shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. ``(d) Funding.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $10,000,000 for each of the fiscal years 2004 through 2006. ``(2) Allocation.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available not less than 20 percent for awards of grants and contracts under subsection (b).''; and (3) in section 770A (as so redesignated) by inserting ``other than section 770,'' after ``carrying out this subpart,''. SEC. 5. CLINICAL SOCIAL WORKER SERVICES. Section 1302 of the Public Health Service Act (42 U.S.C. 300e-1) is amended-- (1) in paragraphs (1) and (2), by inserting ``clinical social worker,'' after ``psychologist,'' each place it appears; (2) in paragraph (4)(A), by striking ``and psychologists'' and inserting ``psychologists, and clinical social workers''; and (3) in paragraph (5), by inserting ``clinical social work,'' after ``psychology,''.

Strengthen Social Work Training Act of 2003 - Amends the Public Health Service Act to make disadvantaged students enrolled in social work programs eligible for scholarships. Makes schools offering social work programs eligible for assistance for certain disadvantaged faculty programs, programs to support excellence in health profession education for minorities, and programs to support geriatric training projects.Authorizes grants to, or contracts with, hospitals, schools offering programs in social work, or other entities for the development of social work training programs and financial assistance to participants and teachers of such programs.Authorizes grants to, or contracts with, schools offering programs in social work to meet the costs of projects to establish or maintain administrative units to provide clinical instruction in social work.Authorizes and allocates appropriations.Adds "clinical social worker" to specified profession definitions under health maintenance organization provisions.

A bill to amend title VII of the Public Health Service Act to ensure that social work students or social work schools are eligible for support under the certain programs to assist individuals in pursing health careers and programs of grants for training projects in geriatrics, and to establish a social work training program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Child Hunger Relief Act''. SEC. 2. SCHOOL MEALS. (a) Commodities.--Section 6(c)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(c)(1)) is amended-- (1) in subparagraph (A), by striking ``on July 1, 1982, and each July 1 thereafter'' and inserting ``in accordance with subparagraph (B)''; and (2) by striking subparagraph (B) and inserting the following: ``(B) Adjustment.--The Secretary shall-- ``(i) on each January 1, increase the value of food assistance for each meal by the annual percentage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for September, October, and November each year; ``(ii) on each July 1, increase the value of food assistance for each meal by the annual percentage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for March, April, and May each year; and ``(iii) round the result of each increase to the nearest higher \1/4\ cent.''. (b) Overall Adjustment.--Section 11(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)) is amended-- (1) in paragraph (2), by striking ``98.75 cents'' and inserting ``the amount computed under paragraph (3)''; and (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) in the matter before clause (i), by striking ``July 1, 1982, and on each subsequent July 1, an annual adjustment'' and inserting ``each January 1 and July 1, a semiannual increase''; and (ii) in clause (ii), by striking ``(as established under paragraph (2) of this subsection)''; (B) in subparagraph (B)-- (i) in clause (i), by striking ``annual adjustment'' and inserting ``semiannual increase''; (ii) in clause (ii)-- (I) by striking ``annual adjustment'' and inserting ``semiannual increase''; and (II) by striking ``12-month period'' and inserting ``6-month period''; and (iii) by striking clause (iii) and inserting the following: ``(iii) Rounding.--On each January 1 and July 1, the national average payment rates for meals and supplements shall be-- ``(I) increased to the nearest higher cent; and ``(II) based on the unrounded amount previously in effect.''. (c) Payments to Service Institutions.--Section 13(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(b)(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) Adjustments.--The Secretary shall-- ``(i) on each January 1, increase each amount specified in subparagraph (A) as adjusted through the preceding July 1 to reflect changes for the 6-month period ending the preceding November 30 in the series for food away from home of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; ``(ii) on each July 1, increase each amount specified in subparagraph (A) as adjusted through the preceding January 1 to reflect changes for the 6-month period ending the preceding May 31 in the series for food away from home of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; ``(iii) base each increase on the unrounded amount previously in effect; and ``(iv) round each increase described in clauses (i) and (ii) to the nearest higher cent increment.''. (d) Reimbursement of Family or Group Day Care Home Sponsoring Organizations.-- (1) Tier i.--Section 17(f)(3)(A)(ii)(IV) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(IV)) is amended by striking subclause (IV) and inserting the following: ``(IV) Adjustments.--On each July 1 and January 1, the Secretary shall-- ``(aa) increase each reimbursement factor under this subparagraph to reflect the changes in the Consumer Price Index for food at home for the most recent 6-month period for which the data are available; ``(bb) base each increase on the unrounded amount previously in effect; and ``(cc) round each increase described in item (aa) to the nearest higher cent increment.''. (2) Tier ii.--Section 17(f)(3)(A)(iii)(I) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(I)) is amended by striking item (bb) and inserting the following: ``(bb) Adjustments.--On each July 1 and January 1, the Secretary shall increase the reimbursement factors to reflect the changes in the Consumer Price Index for food at home for the most recent 6- month period for which the data are available, base the increases on the unrounded amount previously in effect, and round the increases to the nearest higher cent increment.''. (e) Special Milk Program.--Section 3(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1772(a)) is amended-- (1) by striking paragraph (7) and inserting the following: ``(7) Minimum rate of reimbursement.--For each school year, the minimum rate of reimbursement for a \1/2\ pint of milk served in schools and other eligible institutions shall be not less than minimum rate of reimbursement in effect on September 30, 2008, as increased on a semiannual basis each school year to reflect changes in the Producer Price Index for Fresh Processed Milk published by the Bureau of Labor Statistics of the Department of Labor.''; and (2) in paragraph (8), by inserting ``higher'' after ``nearest''.

National Child Hunger Relief Act - Amends the Richard B. Russell National School Lunch Act to provide semiannual reimbursement rate adjustments for: (1) national school lunch and breakfast programs; (2) the special milk program; (3) the child and adult day care program; and (4) the summer food service program.

A bill to require semiannual indexing of certain Federal child nutrition programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Reform Act''. SEC. 2. ESTABLISHMENT OF ELECTION ADMINISTRATION COMMISSION. There is established a commission to be known as the Election Administration Commission (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall-- (1) develop, update, and adopt, by vote of the Commission, not less often than every 4 years, voluntary engineering and procedural performance standards for voting systems used in Federal, State, and local elections; (2) advise States regarding compliance with the requirements of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.) and compliance with other Federal laws regarding accessibility of registration facilities and polling places, and develop, update, and adopt, by vote of the Commission, not less often than every 4 years, voluntary procedures for maintaining and enhancing the accessibility of registration facilities, polling places, and voting methods for voters, including disabled voters; (3) have primary responsibility to carry out Federal functions under title I of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) as the Presidential designee; (4) develop, update, and adopt, by vote of the Commission, not less often than every 4 years, recommendations for voluntary procedures for maintaining and enhancing the administration of Federal, State, and local elections; (5) carry out the provisions of section 9 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) regarding mail voter registration; (6) make available information regarding the Federal election system to the public and media; (7) assemble and make available bipartisan panels of election professionals to assist any State election official, upon request, in review of election or vote counting procedures in Federal, State, and local elections; and (8) compile and make available to the public the official certified results of Federal elections and statistics regarding national voter registration and turnout. (b) Study of Election Administration.--Beginning on the date that is 1 day after the date on which all the members are initially appointed to the Commission, the Commission shall make periodic studies, which shall be made available to the public, of issues related to the administration of elections, such as procedures which represent the best practices in election administration, including-- (1) election technology and systems and ballot design; (2) voter registration, and verification and maintenance of voter rolls; (3) access to polling places; (4) alternative voting methods; and (5) the accuracy and security of election procedures and vote counts. (c) Grant Program.-- (1) Grant authority.-- (A) In general.--Not less often than once each calendar year, the Commission shall solicit and review applications from State and local governments for grants to improve and modernize the administration of elections using procedures consistent with voluntary recommendations adopted by the Commission. (B) Award.--The Commission shall, by vote, award grants to State and local governments that submit applications. (2) State and local applications.--State and local governments shall submit applications to the Commission for grants under paragraph (1) in such time and such manner and containing such information as the Commission shall by regulation require. (3) Use of funds.-- (A) Matching funds.--The Commission shall ensure that any State or local government receiving a grant under this subsection shall expend State or local funds in an amount equal to not less than 25 percent of the amount of the grant awarded. (B) Audit.--A State or local government receiving a grant under this subsection shall agree that any funds under the grant are subject to audit whenever the Commission, by vote, requests an audit. (4) Amount of grant; time.-- (A) Amount of grant.--The Commission shall award grants under this subsection for each fiscal year in an aggregate amount not to exceed $100,000,000 or such greater amount as may be appropriated for such fiscal year. (B) Time to allocate.--The Commission shall begin review of applications for grants under this subsection on the date which is 1 year after all members of the Commission are initially appointed. (5) Appropriations.--Funds appropriated for a fiscal year to the Commission to award grants under this subsection that are not used for such purpose shall be returned to the Treasury by the end of such year. (d) Report.--The Commission shall annually submit a report regarding the activities of the Commission to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. SEC. 4. MEMBERSHIP. (a) Membership.-- (1) Composition.--The Commission shall be composed of 4 members appointed by the President, by and with the advice and consent of the Senate. (2) Party affiliation.--Not more than 2 of the 4 members appointed under paragraph (1) may be members of the same party. (3) Qualifications.--Members appointed under paragraph (1) shall be chosen on the basis of experience with and knowledge of State and local election administration, integrity, impartiality, and good judgment, and members shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive or legislative branch of the Federal Government. Such individuals shall not engage in any other business, vocation, or employment. (4) Period of appointment; vacancies.-- (A) Period of appointment.--Members shall be appointed for a term of 4 years, except that of the members first appointed-- (i) 2 of the members, not affiliated with the same party, shall be appointed for 5 years; and (ii) 2 of the members, not affiliated with the same party, shall be appointed for 4 years. (B) Vacancies.-- (i) In general.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. (ii) Expired terms.--A member of the Commission may serve on the Commission after the expiration of the member's term until the successor of such member has taken office as a member of the Commission. (iii) Unexpired terms.--An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (5) Compensation of members.--Each member of the Commission shall receive compensation equivalent to the annual rate of basic pay prescribed for level IV of the Executive Schedule, under section 5315 of title 5, United States Code. (6) Chairperson; vice chairperson.-- (A) In general.--The Commission shall elect a chairperson and vice chairperson from among its members for a term of 1 year. (B) Number of terms.--A member may serve as a chairperson only once during any term of office to which such member is appointed. (C) Political affiliation.--The chairperson and vice chairperson shall not be affiliated with the same political party. (b) Date of Appointment.--The appointments of the members of the Commission shall be made not later than 45 days after the date of enactment of this Act. (c) Majority Vote.--All decision of the Commission with respect to the exercise of its duties and powers under the provisions of this Act shall be made by a majority vote of the members of the Commission. (d) Meetings.--The Commission shall meet at least once each month and at the call of any member of the Commission. (e) Jurisdiction of Commission.--The Commission shall formulate and administer policy with respect to the matters and duties in the jurisdiction of the Commission under this Act. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may hold such hearings for the purpose of carrying out this Act, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. The Commission may administer oaths and affirmations to witnesses appearing before the Commission. (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 this Act. Upon request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Administrative Support Services.--Upon the request of the chairperson of the Commission, the Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, the administrative support services that are necessary to enable the Commission to carry out its duties under this Act. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Staff.-- (1) In general.--The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (b) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (c) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act. SEC. 8. OFFICE OF ELECTION ADMINISTRATION OF THE FEDERAL ELECTION COMMISSION. There are transferred to the Commission established under section 2 all functions which the Office of Election Administration, established within the Federal Election Commission, exercised before the date of enactment of this Act. SEC. 9. UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT. (a) Transfer of Functions.--There are transferred to the Commission established under section 2 all functions which the Presidential designee under title 1 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) exercised before the date of enactment of this Act. (b) Transition.--With the consent of the appropriate department or agency concerned, the Commission is authorized to utilize the services of such officers, employees, and other personnel of the departments and agencies from which functions have been transferred to the Commission for such period of time as may reasonably be needed to facilitate the orderly transfer of functions under this section. (c) Technical Amendment.--Section 101 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff) is amended by striking subsection (a) and inserting the following: ``(a) Presidential Designee.--The Election Administration Commission shall have primary responsibility for Federal functions under this title as the Presidential designee.''. SEC. 10. TECHNICAL AMENDMENTS. (a) Federal Election Campaign Act.--Section 311(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended-- (1) in paragraph (8), by inserting ``and'' at the end; (2) in paragraph (9), by striking ``; and'' and inserting a period; and (3) by striking paragraph (10) and the second and third sentences. (b) National Voter Registration Act of 1993.--Section 9(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) is amended by striking ``Federal Election Commission'' and inserting ``Election Administration Commission''.

Transfers to the Commission: (1) all functions which the Office of Election Administration, established within the Federal Election Commission, exercised before enactment of this Act; and (2) all functions which the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act exercised before enactment of this Act.

Election Reform Act

SECTION 1. FINDINGS. Congress finds that-- (1) on June 25, 1941, President Franklin D. Roosevelt issued Executive Order No. 8802, establishing the Fair Employment Practices Commission and opening the doors for African-American individuals to enlist in the United States Marine Corps for the first time; (2) the first African-American Marine recruits were trained at Camp Montford Point, near the New River in Jacksonville, North Carolina; (3) on August 26, 1942, Howard P. Perry of Charlotte, North Carolina, was the first African-American private to set foot on Montford Point; (4) during April 1943, the first African-American Marine drill instructors took over as the senior drill instructors of the 8 platoons then in training, including-- (A) Edgar R. Huff, 16th Platoon; (B) Thomas Brokaw, 17th Platoon; (C) Charles E. Allen, 18th Platoon; (D) Gilbert H. Johnson, 19th Platoon; (E) Arnold R. Bostic, 20th Platoon; (F) Mortimer A. Cox, 21st Platoon; (G) Edgar R. Davis, Jr., 22nd Platoon; and (H) George A. Jackson, 23rd Platoon; (5) African-American Marines of the 8th Ammunition Company and the 36th Depot Company landed on the Island of Iwo Jima on D-Day, February 19, 1945; (6) the largest number of African-American Marines to serve in combat during World War II took part in the seizure of Okinawa in the Ryuku Islands, with some 2,000 African-American Marines seeing action during the campaign; (7) on November 10, 1945, Frederick C. Branch was the first African-American Marine to be commissioned as a Second Lieutenant, at the Marine Base in Quantico, Virginia; (8) overall, 19,168 African-Americans served in the Marine Corps in World War II; (9) 16 years after the closure of Montford Point as a training facility for African-American recruits, an enterprising group of men, including original Montford Point Master Sergeant Brooks E. Gray, planned a reunion of the ``Men of Montford Point'', and on September 15, 1965, approximately 400 Montford Point Marines gathered at the Adelphi Hotel in Philadelphia, Pennsylvania, and laid the foundation for the Montford Point Marine Association Inc.; (10) organized as a nonmilitary, nonprofit entity, the Montford Point Marine Association has as its main mission to preserve the legacy of the first African-American Marines, and today the Association has 36 chapters throughout the United States; (11) many of the first African-American Marines stayed in the Marine Corps for a career, including Sergeant Major Edgar R. Huff, 1 of the very first recruits at Montford Point; (12) Sergeant Major Huff was the first African-American Sergeant Major and the first African-American Marine to retire with 30 years of service, which included combat in 3 major conflicts, World War II, the Korean Conflict, and the Vietnam War; (13) Sergeant Major Huff was awarded the Bronze Star medal with a combat ``V'' for valor for saving the life of his radio operator during the Tet Offensive in Vietnam; (14) another original Montford Point Marine who saw extensive combat action in both the Korean Conflict and the Vietnam War was Sergeant Major Louis Roundtree, who was awarded the Silver Star, 4 Bronze Stars, 3 Purple Hearts, and numerous other personal and unit awards for his service during those conflicts; (15) on April 19, 1974, Montford Point was renamed ``Camp Johnson'', after legendary Montford Point Marine Sergeant Major Gilbert ``Hashmark'' Johnson; and (16) the Montford Point Marine Association has several memorials in place to perpetuate the memory of who they were and what they accomplished, including-- (A) the Montford Point Marine Association Edgar R. Huff Memorial Scholarship, which is offered annually through the Marine Corps Scholarship Foundation; (B) the Montford Point Museum located at Camp Johnson in Jacksonville, North Carolina; (C) the Brooks Elbert Gray, Jr. Consolidated Academic Instruction Facility, named in honor of original Montford Point Marine and Montford Point Marine Corps Association founder Master Gunnery Sergeant Gray (dedicated on April 15, 2005, at Camp Johnson, North Carolina); and (D) Branch Hall, a building within the Officers Candidate School in Quantico, Virginia, which was named in honor of Captain Frederick Branch during July of 1997. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to the Montford Point Marines, United States Marine Corps, collectively, in recognition of their dedicated service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the Montford Point Marines, United States Marine Corps, under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the Montford Point Marines, United States Marine Corps. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Authorizes the award of a single Congressional Gold Medal to collectively honor the Montford Point Marines, U.S. Marine Corps, in recognition of their service during World War II. (Camp Montford Point, North Carolina, was the site for the training of the first African-American Marines.) Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with the Montford Point Marines. Permits the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medal, at a price sufficient to cover the costs of the medals.

A bill to authorize the award of a Congressional gold medal to the Montford Point Marines of World War II.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Family Farm Empowerment Act of 1995''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Marketing loans for 1996 through 2002 crops of certain agricultural commodities. Sec. 3. Total acreage base system. Sec. 4. Conforming amendments to current price support programs for program crops. Sec. 5. Elimination of acreage reduction programs. Sec. 6. Extension of cottonseed oil and sunflower oil export programs. Sec. 7. Suspension of permanent price support authority. Sec. 8. Removal of three-entity rule; direct attribution. SEC. 2. MARKETING LOANS FOR 1996 THROUGH 2002 CROPS OF CERTAIN AGRICULTURAL COMMODITIES. Title I of the Agricultural Act of 1949 (7 U.S.C. 1441 et seq.) is amended by adding at the end the following: ``SEC. 116. MARKETING LOANS FOR 1996 THROUGH 2002 CROPS OF CERTAIN AGRICULTURAL COMMODITIES. ``(a) Definitions.--For the purposes of this section: ``(1) Covered commodities.--The term `covered commodities' means rice, upland cotton, feed grains, wheat, and oilseeds. ``(2) Feed grains.--The term `feed grains' means corn, grain sorghums, barley, oats, and rye. ``(3) Oilseeds.--The term `oilseeds' means soybeans, sunflower seeds, canola, rapeseed, safflower, flaxseed, mustard seed, and such other oilseeds as the Secretary may designate. ``(b) Marketing Loans.-- ``(1) Availability.--The Secretary shall make available to eligible producers on a farm a nonrecourse marketing loan for each of the 1996 through 2002 crops of covered commodities produced on the farm. The term of the marketing loan shall be 15 months in length. ``(2) Eligible producers.--To be eligible for a loan under this subsection, the producers on a farm may not plant covered commodities on a farm in excess of the total acreage base of the farm, as determined under section 503. ``(3) Loan rate.--Loans made under this subsection shall be made at the rate of 115 percent of the simple average national price received by producers of the covered commodity, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of the covered commodity, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period. ``(c) Limitation on Total Value of Marketing Loans.--The combined annual value of loans made to a producer under subsection (b) may not exceed $175,000. ``(d) Repayment.-- ``(1) Repayment rate.--Producers on a farm may repay loans made under subsection (b) for a covered commodity at a level that is the lesser of-- ``(A) the loan rate determined for the commodity; or ``(B) the prevailing domestic market price for the commodity, as determined by the Secretary. ``(2) Prevailing domestic market price.--The Secretary shall prescribe by regulation-- ``(A) a formula to determine the prevailing domestic market price for each covered commodity, which may include adjustments for differences in quality but not for differences in location; and ``(B) a mechanism by which the Secretary shall announce periodically the prevailing domestic market prices established under this subsection. ``(e) Adjustment Account.-- ``(1) Establishment.--The Secretary shall establish an Adjustment Account, which shall be used to make-- ``(A) payments to producers of the 1996 through 2002 crops of covered commodities who participate in the marketing loan program established under subsection (b); and ``(B) payments to producers of the 1994 and 1995 crops of covered commodities that are authorized under sections 101B, 103B, 105B, 107B, and 205, but not paid before the date of the enactment of this section. ``(2) Amount in account.--The Secretary shall transfer into the Adjustment Account from funds of the Commodity Credit Corporation such sums as shall be necessary to implement this section and make marketing loans available under subsection (b). ``(3) Availability of funds.--Funds in the Adjustment Account shall remain available until expended. ``(f) Advance Payment.--At the request of a producer who intends to obtain a marketing loan under subsection (b) for a crop of a covered commodity, the Secretary shall make available to the producer in advance of planting not more than 10 percent of the projected marketing loan for that crop year. ``(g) Marketing Loan Deficiency Payments.-- ``(1) In general.--For each of the 1996 through 2002 crops of covered commodities, the Secretary may make payments available to producers who, although eligible to obtain a marketing loan under subsection (b), agree to forego obtaining the loan in return for payments under this subsection. ``(2) Computation.--A payment under this subsection shall be computed by multiplying-- ``(A) the loan payment rate; by ``(B) the quantity of the covered commodity which the producer is eligible to place under loan but for which the producer foregoes obtaining the loan in return for payments under this subsection. ``(3) Loan payment rate.--For purposes of this subsection, the loan payment rate shall be the amount by which-- ``(A) the loan rate for the commodity determined under subsection (b); exceeds ``(B) the repayment rate for the commodity determined under subsection (d).''. SEC. 3. TOTAL ACREAGE BASE SYSTEM. (a) Definitions.--Section 502 of the Agricultural Act of 1949 (7 U.S.C. 1462) is amended by striking paragraph (3) and inserting the following new paragraphs: ``(3) Feed grains.--The term `feed grains' means corn, grain sorghums, barley, oats, and rye. ``(4) Covered commodity.--The term `covered commodity' means rice, upland cotton, feed grains, wheat, or oilseeds.''. (b) Crop Acreage Base.--Section 503 of such Act (7 U.S.C. 1463) is amended-- (1) in subsection (a)-- (A) by striking paragraph (1) and inserting the following new paragraph: ``(1) In general.--The Secretary shall provide for the establishment and maintenance of a total crop acreage base for covered commodities, including any covered commodity crop produced under an established practice of double cropping''; and (B) in paragraph (2), by striking ``The sum of the crop acreage bases'' and inserting ``The total crop acreage base''; (2) by striking subsection (b) and inserting the following: ``(b) Calculation.--The total crop acreage base for a farm for a crop year shall be the number of acres that is equal to the average of the acreage planted and considered planted to one of the covered commodity crops for harvest on the farm in each of the 5 crop years preceding that crop year.''; (3) by striking subsection (g); and (4) in subsection (h)-- (A) by striking ``(1) In general.--''; and (B) by striking paragraph (2).''. (c) Application of Title.--Section 509 of such Act (7 U.S.C. 1469) is amended by striking ``1991 through 1997 program crops'' and inserting ``1991 through 2002 crops of covered commodities''. SEC. 4. CONFORMING AMENDMENTS TO CURRENT PRICE SUPPORT PROGRAMS FOR PROGRAM CROPS. (a) Wheat 0/85 Program.--Section 107B(c)(1)(E) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3a(c)(1)(E)) is amended by striking ``through 1997'' in clauses (i) and (vii) each place it appears and inserting ``and 1995''. (b) Feed Grains 0/85 Program.--Section 105B(c)(1)(E) of such Act (7 U.S.C. 1444f(c)(1)(E)) is amended by striking ``through 1997'' in clauses (i) and (vii) each place it appears and inserting ``and 1995''. (c) Cotton Program.--Section 103B of such Act (7 U.S.C. 1444-2) is amended-- (1) in the section heading, by striking ``1997'' and inserting ``1995''; (2) in subsections (a)(1), (b)(1), (c)(1)(A), (c)(1)(B)(ii), and (o), by striking ``1997'' each place it appears and inserting ``1995''; (3) in subsection (c)(1)(D)(i) and (c)(1)(D)(v)(II) by striking ``through 1997'' each place it appears and inserting ``and 1995''; (4) in the heading of subsection (c)(1)(D)(v)(II), by striking ``through 1997 crops'' and inserting ``and 1995 crops''; (5) in subsection (e)(1)(D), by striking ``29\1/2\ percent for each of the 1995 and 1996 crops, and 29 percent for the 1997 crop'' and inserting ``29\1/2\ percent for the 1995 crop''; and (6) in subparagraphs (B)(i), (D)(i), (E)(i), and (F)(i) of subsection (a)(5), by striking ``1998'' each place it appears and inserting ``1996''. (d) Rice 50/85 Program.--Section 101B of such Act (7 U.S.C. 1441-2) is amended-- (1) in subsections (c)(1)(D)(i) and (c)(1)(D)(v)(II), by striking ``through 1997'' each place it appears and inserting ``and 1995''; and (2) in the heading of subsection (c)(1)(D)(v)(II), by striking ``through 1997 crops'' and inserting ``and 1995 crops''. (e) Oilseeds.--Section 205(c) of such Act (7 U.S.C. 1446f(c)) is amended by striking ``through 1997'' both places it appears and inserting ``and 1995''. SEC. 5. ELIMINATION OF ACREAGE REDUCTION PROGRAMS. (a) Wheat.--Section 107B of the Agricultural Act of 1949 (7 U.S.C. 1445b-3a) is amended by striking subsection (e) and redesignating subsections (f) through (q) as subsections (e) through (p), respectively. (b) Feed Grains.--Section 105B of such Act (7 U.S.C. 1444f) is amended by striking subsection (e) and redesignating subsections (f) through (r) as subsections (e) through (q), respectively. (c) Cotton.--Section 103B of such Act (7 U.S.C. 1444-2) is amended by striking subsection (e) and redesignating subsections (f) through (o) as subsections (e) through (n), respectively. (d) Rice.--Section 101B of such Act (7 U.S.C. 1441-2) is amended by striking subsection (e) and redesignating subsections (f) through (n) as subsections (e) through (m), respectively. SEC. 6. EXTENSION OF COTTONSEED OIL AND SUNFLOWER OIL EXPORT PROGRAMS. Section 301(b)(2)(A) of the Disaster Assistance Act of 1988 (7 U.S.C. 1464 note) is amended by striking ``through 1995'' and inserting ``through 2002''. SEC. 7. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY. (a) Wheat.-- (1) Nonapplicability of certificate requirements.--Sections 379d through 379j of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1379d-1379j) shall not be applicable to wheat processors or exporters during the period June 1, 1995, through May 31, 2003. (2) Suspension of land use, wheat marketing allocation, and producer certificate provisions.--Sections 331 through 339, 379b, and 379c of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1331 through 1339, 1379b, and 1379c) shall not be applicable to the 1996 through 2002 crops of wheat. (3) Suspension of certain quota provisions.--The joint resolution entitled ``A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended'', approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable to the crops of wheat planted for harvest in the calendar years 1996 through 2002. (4) Nonapplicability of section 107 of the agricultural act of 1949.--Section 107 of the Agricultural Act of 1949 (7 U.S.C. 1445a) shall not be applicable to the 1996 through 2002 crops of wheat. (b) Feed Grains.-- (1) Nonapplicability of section 105 of the agricultural act of 1949.--Section 105 of the Agricultural Act of 1949 (7 U.S.C. 1444b) shall not be applicable to the 1996 through 2002 crops of feed grains. (2) Recourse loan program for silage.--Section 403 of the Food Security Act of 1985 (7 U.S.C. 1444e-1) is amended by striking ``1996'' and inserting ``2002''. (c) Oilseeds.--Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking ``oilseeds'' and all that follows through ``determine),''. SEC. 8. REMOVAL OF THREE-ENTITY RULE; DIRECT ATTRIBUTION. Section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1) is amended by striking subsection (a) and inserting the following new subsection: ``(a) Direct Attribution.--In the case of payments specified in paragraphs (1) and (2) of section 1001, the Secretary shall attribute-- ``(1) payments received by an individual directly to the individual; and ``(2) payments received by an entity to individuals who own the entity in proportion to the ownership interest of the individual in the entity.''.

Family Farm Empowerment Act of 1995 - Amends the Agricultural Act of 1949 (Act) to provide nonrecourse marketing loans through 2002 for wheat, feed grains, rice, upland cotton, and oilseeds. Requires repayment at the lower of the loan rate or the prevailing domestic market price. Authorizes marketing loan deficiency payments for producers who forgo obtaining such loans. Provides for a total acreage base for such crops. Makes conforming amendments to certain price support programs. Eliminates acreage reduction programs for wheat, feed grains, cotton, and rice. Amends the Disaster Assistance Act to extend funding obligations for the cottonseed and sunflower oil export programs. Amends the Agricultural Adjustment Act of 1938 and the Act to suspend specified permanent price support provisions for wheat, feed grains (including silage), and oilseeds. Amends the Food Security Act of 1985 to replace the three-entity rule (consideration as separate entities for limitations purposes) with a direct attribution rule (based upon ownership percentage).

Family Farm Empowerment Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grandparent-Grandchild Medical Leave Act''. SEC. 2. ADDITIONAL LEAVE UNDER THE FMLA. (a) Definitions.-- (1) Inclusion of grandchild and grandparents.--Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following: ``(20) Grandchild.--The term `grandchild' means the son or daughter of an employee's son or daughter. ``(21) Grandparent.--The term `grandparent' means a parent of a parent of an employee.''. (2) Inclusion of adult children.--Section 101(12) of such Act (29 U.S.C. 2611(12)) is amended, by striking ``who is--'' and all that follows and inserting ``and includes an adult child''. (b) Leave Requirement.--Section 102 of such Act (29 U.S.C. 2612) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``or daughter'' both places it appears and inserting ``, daughter, or grandchild''; (ii) in subparagraph (B), by striking ``or daughter'' and inserting ``, daughter, or grandchild''; (iii) in subparagraph (C), by striking ``or parent'' both places it appears and inserting ``grandchild, parent, or grandparent''; and (iv) in subparagraph (E), by striking ``or parent'' and inserting ``grandchild, parent, or grandparent''; (B) in paragraph (2), by striking ``or daughter'' and inserting ``, daughter, or grandchild''; and (C) in paragraph (3), by striking ``parent,'' and inserting ``grandchild, parent, grandparent,''; (2) in subsection (e)-- (A) in paragraph (2)(A), by striking ``parent,'' and inserting ``grandchild, parent, grandparent,'' and (B) in paragraph (3), by striking ``or parent,'' and inserting ``grandchild, parent, or grandparent,''; and (3) in subsection (f)(B), by inserting ``or grandparent'' after ``parent''. (c) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended-- (1) in subsection (a), by striking ``or parent'' and inserting ``grandchild, parent, or grandparent''; (2) in subsection (b)(4)(A), by striking ``or parent'' and inserting ``grandchild, parent, or grandparent''; and (3) in subsection (b)(7), by striking ``or spouse'' and inserting ``grandchild, grandparent, or spouse''. (d) Employment and Benefits Protection.--Section 104(c)(3) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is amended-- (1) in subparagraph (A)(i), by striking ``or parent'' and inserting ``grandchild, parent, or grandparent''; and (2) in subparagraph (C)(ii), by striking ``or parent'' and inserting ``grandchild, parent, or grandparent''. SEC. 3. FEDERAL EMPLOYEES. (a) Definitions.-- (1) Inclusion of grandparents and grandchildren.--Section 6381 of title 5, United States Code, is amended-- (A) in paragraph (11) by striking ``; and'' and inserting a semicolon; (B) in paragraph (12), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(13) the term `grandchild' means the son or daughter of an employee's son or daughter; and ``(14) the term `grandparent' means a parent of a parent of an employee;''. (2) Inclusion of adult children.--Section 6381(6) of such title is amended, by striking ``who is--'' and all that follows and inserting ``and includes an adult child''. (b) Leave Requirement.--Section 6382 of title 5, United States Code, is amended-- (1) in subsection (a)(1)(C), by striking ``or parent'' both places it appears and inserting ``grandchild, parent, or grandparent''; (2) in subsection (a)(1)(E), by striking ``or parent'' and inserting ``grandchild, parent, or grandparent''; (3) in subsection (a)(3), by striking ``parent,'' and inserting ``grandchild, parent, grandparent''; (4) in subsection (e)(2)(A), by striking ``parent,'' and inserting ``grandchild, parent, grandparent''; and (5) in subsection (e)(3), by striking ``or parent,'' and inserting ``grandchild, parent, or grandparent''. (c) Certification.--Section 6383 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``or parent'' and inserting ``grandchild, parent, or grandparent,''; and (2) in subsection (b)(4)(A), by striking ``or parent'' both places it appears and inserting ``grandchild, parent, or grandparent''.

Grandparent-Grandchild Medical Leave Act This bill amends the Family and Medical Leave Act of 1993 and federal civil service law to entitle to leave an eligible employee, including a federal employee, to care for an adult child, grandparent, or grandchild (as well as for a spouse, child, or parent), if that person has a serious health condition.

Grandparent-Grandchild Medical Leave Act

SECTION 1. QUARTERLY REPORTS TO CONGRESS ON CONFERENCES SPONSORED BY THE DEPARTMENT. (a) In General.--Subchapter I of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 517. Quarterly reports to Congress on conferences sponsored by the Department ``(a) Quarterly Reports Required.--Not later than 30 days after the end of each fiscal quarter, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on covered conferences. ``(b) Matters Included.--Each report under subsection (a) shall include the following: ``(1) An accounting of the final costs to the Department of each covered conference occurring during the fiscal quarter preceding the date on which the report is submitted, including the costs related to-- ``(A) transportation and parking; ``(B) per diem payments; ``(C) lodging; ``(D) rental of halls, auditoriums, or other spaces; ``(E) rental of equipment; ``(F) refreshments; ``(G) entertainment; ``(H) contractors; and ``(I) brochures or other printed media. ``(2) The total estimated costs to the Department for covered conferences occurring during the fiscal quarter in which the report is submitted. ``(c) Covered Conference Defined.--In this section, the term `covered conference' means a conference, meeting, or other similar forum that is sponsored or co-sponsored by the Department of Veterans Affairs and is-- ``(1) attended by 50 or more individuals, including one or more employees of the Department; or ``(2) estimated to cost the Department at least $20,000.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 516 the following: ``517. Quarterly reports to Congress on conferences sponsored by the Department.''. SEC. 2. SUBMISSION OF CERTAIN INFORMATION BY THE SECRETARY OF VETERANS AFFAIRS. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 529 the following new section: ``Sec. 529A. Submission of certain information by the Secretary to Congress ``(a) In General.--The submission of information by the Secretary to the Committee on Veterans' Affairs of the House of Representatives or the Committee on Veterans' Affairs of the Senate in response to a request for such information made by a covered member of the committee shall be deemed to be-- ``(1) a covered disclosure under section 552a(b)(9) of title 5; and ``(2) a permitted disclosure under regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), including a permitted disclosure for oversight activities authorized by law as described in section 164.512(d) of title 45, Code of Federal Regulations. ``(b) Submission to Chairman.--With respect to a request for information described in subsection (a) made by a covered member of the committee who is not the chairman, the Secretary shall also submit such information to the chairman of the Committee on Veterans' Affairs of the House of Representatives or the Committee on Veterans' Affairs of the Senate, as the case may be. ``(c) Covered Member of the Committee.--In this section, the term `covered member of the committee' means the following: ``(1) The chairman or ranking member of the Committee on Veterans' Affairs of the House of Representatives or the Committee on Veterans' Affairs of the Senate. ``(2) A chairman or ranking member of a subcommittee of the Committee on Veterans' Affairs of the House of Representatives or the Committee on Veterans' Affairs of the Senate. ``(3) The designee of a chairman or ranking member described in paragraph (1) or (2).''. (b) Conforming Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 529 the following new item: ``529A. Submission of certain information by the Secretary to Congress.''. SEC. 3. PUBLICATION OF DATA ON EMPLOYMENT OF CERTAIN VETERANS BY FEDERAL CONTRACTORS. Section 4212(d) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) The Secretary of Labor shall establish and maintain an Internet website on which the Secretary shall publicly disclose the information reported to the Secretary of Labor by contractors under paragraph (1).''. Passed the House of Representatives October 11, 2011. Attest: KAREN L. HAAS, Clerk.

Requires the Secretary of Veterans Affairs (VA) to submit quarterly to the congressional veterans committees an accounting of the costs of each conference, meeting, or other similar forum sponsored or co-sponsored by the VA that is: (1) attended by at least 50 individuals, including at least 1 VA employee; and (3) estimated to cost the VA at least $20,000. Deems the submission of information by the Secretary to the veterans committees in response to a request by the chairman or ranking member of such committee or one of its subcommittees as: (1) a covered federal disclosure to a House of Congress; and (2) a permitted disclosure under regulations promulgated under the Health Insurance Portability and Accountability Act of 1996, including a permitted disclosure for oversight activities authorized by law. Directs the Secretary of Labor to establish and maintain a website for the public disclosure of information concerning the employment by federal contractors of: (1) disabled veterans, (2) veterans who served on active duty during a war or in a campaign for which a campaign badge has been authorized, (3) veterans who participated in a military operation for which a service medal was awarded, and (4) recently separated veterans.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to notify Congress of conferences sponsored by the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spent Nuclear Fuel Control and Accounting Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) several incidents involving missing or unaccounted-for spent nuclear fuel have occurred at civilian nuclear power reactors, including-- (A) the Vermont Yankee Nuclear Power Plant; (B) the Humboldt Bay Nuclear Power Plant (California); and (C) the Millstone Nuclear Power Station (Connecticut); (2) weaknesses in the accounting and control of spent nuclear fuel have been identified at several other civilian nuclear power reactors; (3) data provided by the Nuclear Regulatory Commission indicate that-- (A) operators of most civilian nuclear power reactors have removed spent fuel rods from their fuel assemblies; and (B) those rods are stored onsite in spent fuel pools or dry casks or have been shipped offsite to a storage facility; (4) individual spent fuel rods and fragments may also result from the loading of a new assembly and therefore may be new fuel; (5) individual spent fuel rods, and especially fragments of spent fuel rods, are-- (A) highly radioactive; and (B) much smaller and lighter than fuel assemblies; (6) while regulations promulgated by the Nuclear Regulatory Commission require civilian nuclear power reactors to control and account for spent nuclear fuel, they do not cover-- (A) individual spent fuel rods that have been removed from an assembly; and (B) fragments of spent fuel rods; (7) the storage and oversight of individual spent fuel rods at civilian nuclear power reactors have not been managed in a consistent manner; (8) the lack of specific guidance in the regulations promulgated by the Nuclear Regulatory Commission relating to how civilian nuclear power reactors should conduct physical inventories has resulted in inconsistent compliance with those regulations; (9) the Nuclear Regulatory Commission does not evaluate the compliance of civilian nuclear power reactors with the material control and accounting regulations promulgated by the Commission; (10) the Nuclear Regulatory Commission has much to do to implement the recommendations listed in the report published by the Government Accountability Office titled ``NRC Needs to Do More to Ensure that Power Plants Are Effectively Controlling Spent Nuclear Fuel''; and (11) the effective implementation of material control and accounting regulations by civilian nuclear power reactors is of great importance to the United States because of the potential safety and security consequences for failing to manage spent nuclear fuel, especially in the aftermath of terrorist attacks in the United States. SEC. 3. MATERIAL CONTROL AND ACCOUNTING OF DISMANTLED FUEL ASSEMBLY. The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) is amended by adding after section 137 the following: ``SEC. 138. MATERIAL CONTROL AND ACCOUNTING OF INDIVIDUAL RODS AND FRAGMENTS FROM A DISMANTLED FUEL ASSEMBLY. ``(a) Promulgation of Regulations.--The Commission shall promulgate regulations to require each civilian nuclear power reactor to provide to the Commission a report that contains a detailed record of each individual spent fuel rod, and each fragment of a spent fuel rod, that results from the loading or dismantling of a fuel assembly. ``(b) Annual Inspection.--The Commission shall promulgate regulations to require an annual inspection by the Commission of each civilian nuclear power reactor to determine the compliance of the civilian nuclear power reactor with regulations relating to the material control and accounting of spent nuclear fuel promulgated by the Commission. ``SEC. 139. GUIDANCE FOR STORING INDIVIDUAL FUEL RODS AND FRAGMENTS. ``The Commission shall develop and make available to each civilian nuclear power reactor guidance that describes-- ``(1) best management practices relating to-- ``(A) the procedures that a civilian nuclear power reactor should use to store individual fuel rods and fragments on site; and ``(B) the selection of suitable locations for the storage of individual fuel rods and fragments; and ``(2) suitable inventory practices relating to-- ``(A) the manner in which a civilian nuclear power reactor should conduct an annual inventory of any spent nuclear fuel, including individual fuel rods and fragments; and ``(B) the manner in which a civilian nuclear power reactor should catalogue each item of spent nuclear fuel, including individual rods and fragments located at the civilian nuclear power reactor. ``SEC. 140. ELECTRONIC DATA MANAGEMENT AND WASTE TRACKING SYSTEM. ``(a) Development of System.--The Commission shall develop an electronic data management and waste tracking system-- ``(1) to store and access the records of each civilian nuclear power reactor; and ``(2) to track the location of spent nuclear fuel including individual rods and fragments. ``(b) Adoption of Electronic Data Management and Waste Tracking System by Civilian Nuclear Power Reactors.--The Commission shall promulgate regulations to require each civilian nuclear power reactor-- ``(1) in the case of a civilian nuclear power reactor that is licensed before the date of enactment of this section, to digitize the existing records of the civilian nuclear power reactor; and ``(2) in the case of a civilian nuclear power reactor that is licensed on or after the date of enactment of this Act, to implement and use the electronic data management and waste tracking system described in subsection (a). ``(c) Evaluation of Existing Electronic Data Management and Waste Tracking Systems.--The Commission may evaluate existing electronic data management and waste tracking systems to determine whether those systems could be modified for purposes of complying with subsection (a).''. SEC. 4. MANIFEST REQUIREMENT FOR SPENT NUCLEAR FUEL. The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) is amended by inserting after section 180 the following: ``SEC. 181. MANIFEST REQUIREMENT FOR SPENT NUCLEAR FUEL. ``(a) Development of Manifest.--The Commission shall develop a detailed manifest form for the onsite transportation of spent fuel that indicates whether the package containing the spent fuel contains individual rods or fragments. ``(b) Promulgation of Regulations.--The Commission shall promulgate regulations to require each civilian nuclear power reactor to provide to the Commission a completed detailed manifest form developed under subsection (a) to identify and track any spent fuel rod or rod fragment that is transported within the premises of the civilian nuclear power reactor. ``SEC. 182. IDENTIFICATION OF SPENT FUEL OR ROD FRAGMENTS TRANSPORTED OUTSIDE PREMISES OF CIVILIAN NUCLEAR POWER REACTORS. ``The Commission, in consultation with the Department of Transportation, shall identify any spent fuel rod or rod fragment that is transported outside the premises of the civilian nuclear power reactor through use of manifests used by the Department of Transportation.''. SEC. 5. CONFORMING AMENDMENTS. The table of contents of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 note; 96 Stat. 2201) is amended-- (1) by adding after the item relating to section 137 the following: ``Sec. 138. Material control and accounting of dismantled fuel assembly. ``Sec. 139. Guidance for storing spent nuclear fuel. ``Sec. 140. Electronic data management and waste tracking system.''. and; (2) by adding after the item relating to section 180 the following: ``Sec. 181. Manifest requirement for spent nuclear fuel. ``Sec. 182. Identification of spent fuel or rod fragments transported outside premises of civilian nuclear power reactors.''.

Spent Nuclear Fuel Control and Accounting Act of 2006 - Amends the Nuclear Waste Policy Act of 1982 to direct the Nuclear Regulatory Commission (NRC) to promulgate regulations requiring: (1) each civilian nuclear power reactor to report a detailed record of each individual spent fuel rod, and each fragment of a spent fuel rod, that results from the loading or dismantling of a fuel assembly; and (2) annual inspections to determine the compliance of the civilian nuclear power reactor with NRC regulations relating to the material control and accounting of spent nuclear fuel. Requires the NRC to develop and make available to each civilian nuclear power reactor guidance that describes: (1) best management practices for storing individual fuel rods and fragments; and (2) suitable annual inventory practices. Directs the NRC to develop an electronic data management and waste tracking system to: (1) store and access the records of each civilian nuclear power reactor; and (2) track the location of spent nuclear fuel, including individual rods and fragments. Instructs the NRC to: (1) develop a detailed manifest form for the onsite transportation of spent fuel that indicates whether the package containing the spent fuel contains individual rods or fragments; and (2) promulgate regulations requiring each civilian nuclear power reactor to provide the NRC a complete detailed manifest form to identify and track any spent fuel rod or rod fragment transported within the reactor's premises. Directs the NRC to identify any spent fuel rod or rod fragment transported outside the premises of the civilian nuclear power reactor through use of manifests used by the Department of Transportation.

To amend the Nuclear Waste Policy Act of 1982 to improve the material control and accounting and data management systems used by civilian nuclear power reactors to better account for spent nuclear fuel and reduce the risks associated with the handling of those materials.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lost Creek Land Exchange Act of 1994''. SEC. 2. LAND EXCHANGE. (a) General.--Notwithstanding any other provision of law, the Secretary of Agriculture (referred to in this Act as the ``Secretary'') is authorized and directed to acquire by exchange certain lands and interests in lands owned by the Brand S Corporation, its successors and assigns, (referred to in this Act as the ``Corporation''), located in the Lost Creek area of the Deerlodge National Forest and within the Gallatin National Forest. (b) Offer and Acceptance of Land.-- (1) Non-federal land.--If the Corporation offers fee title that is acceptable to the United States to approximately 18,300 acres of land owned by the Corporation and available for exchange, as depicted on the map entitled ``Brand S/Forest Service Land Exchange Proposal,'' dated March 1994, and described in the ``Land Exchange Specifications'' document pursuant to paragraph (b)(3), the Secretary shall accept a warranty deed to the land. (2) Federal land.--Upon acceptance by the Secretary of title to the Corporation's lands pursuant to paragraph (b)(1), and subject to reservations and valid existing rights, the Secretary of the Interior shall convey, by patent, the fee title to approximately 10,800 acres on the Deerlodge and Gallatin National Forests, and by timber deed, the right to harvest approximately 3.5 million board feet of timber on certain Deerlodge National Forest lands, as depicted on the map referenced in paragraph (b)(1) and further defined by the document referenced in paragraph (b)(3). (3) Agreement.--The document entitled ``Brand S/Forest Service Land Exchange Specifications'' which was jointly developed and agreed to by both parties and defines the non- Federal and Federal lands involved in this exchange, and includes legal descriptions of exchange lands and interests, an Access Resolution Agreement and other agreements is hereby incorporated by reference. (c) Title.-- (1) Review of title.--Within sixty days of receipt of title documents from the Corporation, the Secretary shall review the title for the non-Federal lands described in paragraph (b) and determine whether-- (A) the applicable title standards for Federal land acquisition have been satisfied or the quality of title is otherwise acceptable to the Secretary; (B) all draft conveyances and closing documents have been received and approved; and (C) a current title commitment verifying compliance with applicable title standards has been issued to the Secretary. (2) Conveyance of title.--In the event the quality of title does not meet Federal standards or is otherwise unacceptable to the Secretary, the Secretary shall advise the Corporation regarding corrective actions necessary to make an affirmative determination. The Secretary, acting through the Secretary of the Interior, shall effect the conveyance of lands described in paragraph (b)(2) not later than ninety days after the Secretary has made an affirmative determination. (d) Resolution of Public Access.--In accordance with the terms of the Access Resolution Agreement referenced in paragraph (b)(3), the Secretary shall secure legal public road access to Gallatin National Forest System lands in-- (1) the Eightmile Creek area; and (2) the Miller Gulch--Fridley Creek--Dry Creek area. SEC. 3. GENERAL PROVISIONS. (a) Maps and Documents.--The maps referred to in section 2 are subject to such minor corrections as may be agreed upon by the Secretary and the Corporation. The Secretary shall notify the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives of any corrections made pursuant to this paragraph. The maps and documents described in section 2(b)(1) and (3) shall be on file and available for public inspection in the office of Chief, Forest Service, United States Department of Agriculture. (b) National Forest System Lands.-- (1) In general.--All lands conveyed to the United States under this Act shall be added to and administered as part of the Deerlodge or Gallatin National Forests, as appropriate, of the National Forest System by the Secretary in accordance with the laws and regulations pertaining to the National Forest System. (2) Wilderness study area acquisitions.--Lands acquired within the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area shall be managed to maintain their wilderness character and potential for inclusion in the National Wilderness Preservation System in accordance with the Montana Wilderness Study Act of 1977 (16 U.S.C. 1132 note). Subject to valid existing rights, lands acquired within the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area shall not be available for entry, appropriation, or disposal under the public land laws; for location, entry, and patent under the mining laws; or for disposition under the mineral and geothermal leasing laws, including all amendments thereto, until such time as the Congress decides on the wilderness status. (c) Valuation.--The values of the lands and interests in lands to be exchanged under this Act and described in section 2(b) are deemed to be of approximately equal value. (d) Hazardous Material Liability.--The United States of America including its departments, agencies, and employees, shall not be liable under the Comprehensive Environmental Response, Compensation and Liability Act, as amended (herein referred to as CERCLA), section 9601 and the following of title 42, United States Code, or the Clean Water Act, section 1251 and the following of title 33, United States Code, or any other Federal, State or local law, solely as a result of acquiring an interest in the Lost Creek Tract or due to circumstances or events occurring before acquisition, including any release or threat of release of hazardous substances.

Lost Creek Land Exchange Act of 1994 - Directs the Secretary of Agriculture to acquire certain lands owned by the Brand S Corporation and located in the Lost Creek area of the Deerlodge National Forest and within the Gallatin National Forest (to be added to and administered as part of such National Forests) in exchange for certain lands within such National Forests and specified timber rights on Deerlodge National Forest lands. Directs the Secretary to secure legal public road access to Gallatin National Forest System lands in the Eightmile Creek area and the Miller Gulch-Fridley Creek-Dry Creek area. Releases the United States from any liability under Federal, State, or local law solely as a result of acquiring an interest in the Lost Creek Tract or due to circumstances or events occurring before acquisition, including any release or threat of release of hazardous substances.

Lost Creek Land Exchange Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as ``Lali's Law''. SEC. 2. OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND EDUCATION GRANT PROGRAMS. (a) Technical Clarification.--Effective as if included in the enactment of the Children's Health Act of 2000 (Public Law 106-310), section 3405(a) of such Act (114 Stat. 1221) is amended by striking ``Part E of title III'' and inserting ``Part E of title III of the Public Health Service Act''. (b) Amendment.--Title III of the Public Health Service Act is amended by inserting after part D of such title (42 U.S.C. 254b et seq.) the following new part E: ``PART E--OPIOID USE DISORDER ``SEC. 341. OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND EDUCATION GRANT PROGRAMS. ``(a) Grants to States.--The Secretary may make grants to States for-- ``(1) developing standing orders for pharmacies regarding opioid overdose reversal medication; ``(2) encouraging pharmacies to dispense opioid overdose reversal medication pursuant to a standing order; ``(3) implementing best practices for persons authorized to prescribe medication regarding-- ``(A) prescribing opioids for the treatment of chronic pain; ``(B) co-prescribing opioid overdose reversal medication with opioids; and ``(C) discussing the purpose and administration of opioid overdose reversal medication with patients; ``(4) developing or adapting training materials and methods for persons authorized to prescribe or dispense medication to use in educating the public regarding-- ``(A) when and how to administer opioid overdose reversal medication; and ``(B) steps to be taken after administering opioid overdose reversal medication; and ``(5) educating the public regarding-- ``(A) the public health benefits of opioid overdose reversal medication; and ``(B) the availability of opioid overdose reversal medication without a person-specific prescription. ``(b) Certain Requirement.--A grant may be made under this section only if the State involved has authorized standing orders regarding opioid overdose reversal medication. ``(c) Preference in Making Grants.--In making grants under this section, the Secretary shall give preference to States that-- ``(1) have not issued standing orders regarding opioid overdose reversal medication; ``(2) authorize standing orders that permit community-based organizations, substance abuse programs, or other nonprofit entities to acquire, dispense, or administer opioid overdose reversal medication; ``(3) authorize standing orders that permit police, fire, or emergency medical services agencies to acquire and administer opioid overdose reversal medication; ``(4) have a higher per capita rate of opioid overdoses than other applicant States; or ``(5) meet any other criteria deemed appropriate by the Secretary. ``(d) Grant Terms.-- ``(1) Number.--A State may not receive more than one grant under this section. ``(2) Period.--A grant under this section shall be for a period of 3 years. ``(3) Amount.--A grant under this section may not exceed $500,000. ``(4) Limitation.--A State may use not more than 20 percent of a grant under this section for educating the public pursuant to subsection (a)(5). ``(e) Applications.--To be eligible to receive a grant under this section, a State shall submit an application to the Secretary in such form and manner and containing such information as the Secretary may require, including detailed proposed expenditures of grant funds. ``(f) Reporting.--Not later than 3 months after the Secretary disburses the first grant payment to any State under this section and every 6 months thereafter for 3 years, such State shall submit a report to the Secretary that includes the following: ``(1) The name and ZIP Code of each pharmacy in the State that dispenses opioid overdose reversal medication under a standing order. ``(2) The total number of opioid overdose reversal medication doses dispensed by each such pharmacy, specifying how many were dispensed with or without a person-specific prescription. ``(3) The number of pharmacists in the State who have participated in training pursuant to subsection (a)(4). ``(g) Definitions.--In this section: ``(1) Opioid overdose reversal medication.--The term `opioid overdose reversal medication' means any drug, including naloxone, that-- ``(A) blocks opioids from attaching to, but does not itself activate, opioid receptors; or ``(B) inhibits the effects of opioids on opioid receptors. ``(2) Standing order.--The term `standing order' means a document prepared by a person authorized to prescribe medication that permits another person to acquire, dispense, or administer medication without a person-specific prescription. ``(h) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2017 through 2019. ``(2) Administrative costs.--Not more than 3 percent of the amounts made available to carry out this section may be used by the Secretary for administrative expenses of carrying out this section.''. SEC. 3. CUT-GO COMPLIANCE. Subsection (f) of section 319D of the Public Health Service Act (42 U.S.C. 247d-4) is amended by inserting before the period at the end the following: ``(except such dollar amount shall be reduced by $5,000,000 for fiscal year 2017)''. Passed the House of Representatives May 12, 2016. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on May 10, 2016. Lali's Law (Sec. 2) This bill amends the Public Health Service Act to permit the Department of Health and Human Services to make grants to states that allow standing orders (documents that allow a person to acquire, dispense, or administer a prescription medication without a person-specific prescription) for opioid overdose reversal medication (e.g., naloxone). (Opioids are drugs with effects similar to opium, such as heroin and certain pain medications.) Grants may be used for: developing standing orders for opioid overdose reversal medication for pharmacies; encouraging pharmacies to dispense medication pursuant to such a standing order; implementing best practices for prescribing opioids, prescribing opioid overdose reversal medication with opioids, and discussing opioid overdose reversal medication with patients; developing training for prescribers to use in educating the public on administration of opioid overdose reversal medication; and educating the public on the availability and public health benefits of opioid overdose reversal medication. States must report on pharmacies that dispense opioid overdose reversal medication under a standing order and the number of pharmacists trained in educating the public on administration of opioid overdose reversal medication. (Sec. 3) As an offset, this bill reduces the authorization of appropriations for Centers for Disease Control and Prevention facilities.

Lali's Law

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continuity in Representation Act of 2005''. SEC. 2. REQUIRING SPECIAL ELECTIONS TO BE HELD TO FILL VACANCIES IN THE HOUSE IN EXTRAORDINARY CIRCUMSTANCES. Section 26 of the Revised Statutes of the United States (2 U.S.C. 8) is amended-- (1) by striking ``The time'' and inserting ``(a) In General.--Except as provided in subsection (b), the time''; and (2) by adding at the end the following new subsection: ``(b) Special Rules in Extraordinary Circumstances.-- ``(1) In general.--In extraordinary circumstances, the executive authority of any State in which a vacancy exists in its representation in the House of Representatives shall issue a writ of election to fill such vacancy by special election. ``(2) Timing of special election.--A special election held under this subsection to fill a vacancy shall take place not later than 49 days after the Speaker of the House of Representatives announces that the vacancy exists, unless, during the 75-day period which begins on the date of the announcement of the vacancy-- ``(A) a regularly scheduled general election for the office involved is to be held; or ``(B) another special election for the office involved is to be held, pursuant to a writ for a special election issued by the chief executive of the State prior to the date of the announcement of the vacancy. ``(3) Nominations by parties.--If a special election is to be held under this subsection, the determination of the candidates who will run in such election shall be made-- ``(A) by nominations made not later than 10 days after the Speaker announces that the vacancy exists by the political parties of the State that are authorized by State law to nominate candidates for the election; or ``(B) by any other method the State considers appropriate, including holding primary elections, that will ensure that the State will hold the special election within the deadline required under paragraph (2). ``(4) Extraordinary circumstances.-- ``(A) In general.--In this subsection, `extraordinary circumstances' occur when the Speaker of the House of Representatives announces that vacancies in the representation from the States in the House exceed 100. ``(B) Judicial review.--If any action is brought for declaratory or injunctive relief to challenge an announcement made under subparagraph (A), the following rules shall apply: ``(i) Not later than 2 days after the announcement, the action shall be filed in the United States District Court having jurisdiction in the district of the Member of the House of Representatives whose seat has been announced to be vacant and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. ``(ii) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives. ``(iii) A final decision in the action shall be made within 3 days of the filing of such action and shall not be reviewable. ``(iv) The executive authority of the State that contains the district of the Member of the House of Representatives whose seat has been announced to be vacant shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the announcement of such vacancy. ``(5) Protecting ability of absent military and overseas voters to participate in special elections.-- ``(A) Deadline for transmittal of absentee ballots.--In conducting a special election held under this subsection to fill a vacancy in its representation, the State shall ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots for the election are transmitted to absent uniformed services voters and overseas voters (as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act) not later than 15 days after the Speaker of the House of Representatives announces that the vacancy exists. ``(B) Period for ballot transit time.-- Notwithstanding the deadlines referred to in paragraphs (2) and (3), in the case of an individual who is an absent uniformed services voter or an overseas voter (as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act), a State shall accept and process any otherwise valid ballot or other election material from the voter so long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits the ballot or other material to the voter. ``(6) Application to district of columbia and territories.--This subsection shall apply-- ``(A) to a Delegate or Resident Commissioner to the Congress in the same manner as it applies to a Member of the House of Representatives; and ``(B) to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands in the same manner as it applies to a State, except that a vacancy in the representation from any such jurisdiction in the House shall not be taken into account by the Speaker in determining whether vacancies in the representation from the States in the House exceed 100 for purposes of paragraph (4)(A). ``(7) Rule of construction regarding federal election laws.--Nothing in this subsection may be construed to affect the application to special elections under this subsection of any Federal law governing the administration of elections for Federal office (including any law providing for the enforcement of any such law), including, but not limited to, the following: ``(A) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.), as amended. ``(B) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.), as amended. ``(C) The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.), as amended. ``(D) The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.), as amended. ``(E) The Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), as amended. ``(F) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as amended. ``(G) The Help America Vote Act of 2002 (42 U.S.C. 15301 et seq.), as amended.''. Passed the House of Representatives March 3, 2005. Attest: JEFF TRANDAHL, Clerk.

Continuity in Representation Act of 2005 - (Sec. 2) Amends Federal law concerning the election of Senators and Representatives to require States to hold special elections for the House of Representatives within 49 days after a vacancy is announced by the Speaker of the House in the extraordinary circumstance that vacancies in representation from the States exceed 100. Waives the 49-day requirement if, during the 75-day period beginning on the date of the vacancy announcement, a regularly scheduled general election or another special election for the office involved is to be held. Requires determination of the candidates who will run in the special election: (1) not later than ten days after the vacancy announcement by the political parties authorized by State law to nominate candidates; or (2) by any other method the State considers appropriate. Sets forth requirements for judicial review of any action brought for declaratory or injunctive relief to challenge such a vacancy announcement. Requires a final decision within three days of the filing of such an action. Makes a final decision non-reviewable. Requires a State, in conducting a special election under this Act, to ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots are transmitted to absent uniformed services voters and overseas voters not later than 15 days after the Speaker of the House announces that the vacancy exists. Requires a State to accept and process any otherwise valid ballot or other election material from an absent uniformed services voter or an overseas voter, as long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits it to the voter. Applies this Act to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands.

To require States to hold special elections to fill vacancies in the House of Representatives not later than 49 days after the vacancy is announced by the Speaker of the House of Representatives in extraordinary circumstances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investor, Shareholder, and Employee Protection Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) The failure of accounting firms to provide accurate audits of its clients is not a new or isolated problem. (2) Accounting firms have been implicated in failed audits that have cost investors billions of dollars when earnings restatements sent stock prices tumbling. (3) Auditors have an inherent conflict of interest. They are hired, and fired, by their audit clients. (4) This conflict of interest pressures auditors to sign off on substandard financial statements rather than risk losing a large client. (5) Auditing a public company for the benefit of small as well as large investors requires independence. (6) Therefore the only truly independent audit is one by a governmental agency. (7) The Federal Bureau of Audits, closely regulated by the Commission, will provide honest audits of all publicly traded companies. SEC. 3. ESTABLISHMENT OF BUREAU. (a) Establishment.--There is hereby established within the Commission an independent regulatory agency to be known as the Federal Bureau of Audits. (b) Function of the Bureau.--The Bureau shall conduct an annual audit of the financial statements that are required to be submitted by reporting issuers and to be certified under the securities laws or the rules or regulations thereunder. (c) Officers.-- (1) Bureau head.--The head of the Bureau shall be a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Additional officers.--There shall also be in the Bureau a Deputy Director and an Inspector General, each of whom shall be appointed by the President, by and with the advice and consent of the Senate. (3) Terms.--The Director, Deputy Director, and Inspector General shall be appointed for terms of 12 years, except that-- (A) the first term of office of the Deputy Director shall be eight years; and (B) the first term of office of the Inspector General shall be 4 years. (d) Independence.--Except as provided in sections 4 and 5, in the performance of their functions, the officers, employees, or other personnel of the Bureau shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent of any other part of the Commission. (e) Administrative Support.--The Commission shall provide to the Bureau such support and facilities as the Director determines it needs to carry out its functions. (f) Rules.--The Bureau is authorized to establish such procedural and administrative rules as are necessary to the exercise of its functions, but the Bureau may not establish any auditing standards within the jurisdiction of the Commission under sections 4 and 5. (g) Additional Authority.--In carrying out any of its functions, the Bureau shall have the power to hold hearings, sign and issue subpoenas, administer oaths, examine witnesses, and receive evidence at any place in the United States it may designate. The Bureau may, by one or more of its officers or by such agents as it may designate, conduct any hearing or other inquiry necessary or appropriate to its functions, except that nothing in this subsection shall be deemed to supersede the provisions of section 556 of title 5, United States Code relating to hearing examiners. (h) Conflict of Interest Provisions.--A person previously employed by the Bureau may not accept employment or compensation from an issuer audited by the Bureau or an accountant that provides audit related services to an issuer audited by the Bureau for 10 years after the last day of employment at the Bureau. Any current employee of the Bureau shall be required to place all investments in a blind trust, in accordance with regulations prescribed by the Commission. The employees of the Bureau who conduct the audits shall be exempt from the civil service pay system under section 4802 of title 5, United States Code, and shall be paid salaries that are competitive with similar private sector employment. (i) Legal Representation.--Except as provided in section 518 of title 28, United States Code, relating to litigation before the Supreme Court, attorneys designated by the Director of the Bureau may appear for, and represent the Bureau in, any civil action brought in connection with any function carried out by the Bureau pursuant to this Act or as otherwise authorized by law. SEC. 4. ASSUMPTION OF AUTHORITY BY COMMISSION OVER AUDITING STANDARDS. (a) Assumption of Authority.--Pursuant to its authority under the securities laws to require the certification, in accordance with the rules of the Commission, of financial statements and other documents of reporting issuers of securities, the Commission shall, by rule, establish and revise as necessary auditing standards for audits of such financial statements. (b) Incorporation of Current Standards.--In adopting auditing standards under this section, the Commission shall incorporate generally accepted auditing standards in effect on the date of enactment of this Act, with such modifications as the Commission determines are necessary and appropriate in the public interest and for the protection of investors. (c) Additional Requirements for Rules.--The rules prescribed by the Commission under subsection (a)-- (1) shall be available for public comment for not less than 90 days; (2) shall be prescribed not less than 180 days after the date of enactment of this Act; and (3) shall be effective on the first January 1 that occurs after the end of such 180 days. SEC. 5. FEES FOR THE RECOVERY OF COSTS OF OPERATIONS. (a) In General.--The Commission shall in accordance with this section assess and collect a fee on each reporting issuer whose financial statements are audited by the Bureau. This section applies as of the first fiscal year that begins after the date of enactment of this Act (referred to in this section as the ``first applicable fiscal year''). (b) Total Fee Revenues; Individual Fee Amounts.--The total fee revenues collected under subsection (a) for a fiscal year shall be the amounts appropriated under subsection (d)(2) for such fiscal year. Individual fees shall be assessed by the Commission on the basis of an estimate by the Commission of the amount necessary to ensure that the sum of the fees collected for such fiscal year equals the amount so appropriated. (c) Fee Waiver or Reduction.--The Commission shall grant a waiver from or a reduction of a fee assessed under subsection (a) if the Commission finds that the fee to be paid will exceed the anticipated present and future costs of the operations of the Bureau. (d) Crediting and Availability of Fees.-- (1) In general.--Fees collected for a fiscal year pursuant to subsection (a) shall be credited to the appropriation account for salaries and expenses of the Bureau and shall be available until expended without fiscal year limitation. (2) Appropriations.-- (A) First fiscal year.--For the first applicable fiscal year, there shall be available for the salaries and expenses of the Bureau $5,150,000,000. (B) Subsequent fiscal years.--For each of the four fiscal years following the first applicable fiscal year, there shall be available for the salaries and expenses of the Bureau an amount equal to the amount made available by paragraph (1) for the first applicable fiscal year, multiplied by the adjustment factor for such fiscal year (as defined in subsection (f)). (e) Collection of Unpaid Fees.--In any case where the Commission does not receive payment of a fee assessed under subsection (a) within 30 days after it is due, such fee shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31, United States Code. (f) Definition of Adjustment Factor.--For purposes of this section, the term ``adjustment factor'' applicable to a fiscal year is the lower of-- (1) the Consumer Price Index for all urban consumers (all items; United States city average) for April of the preceding fiscal year divided by such Index for April of the first applicable fiscal year; or (2) the total of discretionary budget authority provided for programs in categories other than the defense category for the immediately preceding fiscal year (as reported in the Office of Management and Budget sequestration preview report, if available, required under section 254(c) of the Balanced Budget and Emergency Deficit Control Act of 1985) divided by such budget authority for the first applicable fiscal year (as reported in the Office of Management and Budget final sequestration report submitted for such year). For purposes of this subsection, the terms ``budget authority'' and ``category'' have the meaning given such terms in the Balanced Budget and Emergency Deficit Control Act of 1985.''. SEC. 5. DEFINITIONS. As used in this Act: (1) Commission.--The term ``Commission'' means the Securities and Exchange Commission. (2) Securities laws.--The term ``securities laws'' means the Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), the Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.), and the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.). (3) Reporting issuer.--The term ``reporting issuer'' means any registrant under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) or any other issuer required to file periodic reports under section 13 or 15 of such Act (15 U.S.C. 78m, 78o).

Investor, Shareholder, and Employee Protection Act of 2002 - Establishes within the Securities and Exchange Commission (SEC) an independent regulatory agency to be known as the Federal Bureau of Audits, which shall conduct an annual audit of the financial statements submitted to the SEC by reporting issuers. Requires the President to appoint the Director of the Bureau, by and with the advice and consent of the Senate.Declares that officers, employees, and other Bureau personnel shall not be responsible to or subject to the supervision or direction of Commission personnel. Prohibits Bureau employees from receiving employment or compensation from an issuer audited by the Bureau, or any accountant that provides audit-related services to a Bureau-audited issuer, for ten years after employment with the Bureau.Requires the SEC to establish standards for such audits, incorporating generally accepted auditing standards in effect on the enactment of this Act, with any necessary and appropriate modifications.Directs the SEC to assess and collect a fee from each reporting issuer whose financial statements are audited by the Bureau.

To establish a Federal Bureau of Audits within the Securities and Exchange Commission to conduct audits of all publicly registered companies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Building Code Administration Grant Act of 2007''. SEC. 2. GRANT PROGRAM AUTHORIZED. (a) Grant Authorization.--The Secretary of Housing and Urban Development shall provide grants to local building code enforcement departments. (b) Competitive Awards.--The Secretary shall award grants under subsection (a) on a competitive basis pursuant to the criteria set forth in section 6, but also taking into consideration the following: (1) The financial need of each building code enforcement department. (2) The benefit to the local jurisdiction of having an adequately funded building code enforcement department. (3) The demonstrated ability of each building code enforcement department to work cooperatively with other local code enforcement offices, health departments, and local prosecutorial agencies. (c) Maximum Amount.--The maximum amount of any grant awarded under this section shall not exceed $1,000,000. SEC. 3. REQUIRED ELEMENTS IN GRANT PROPOSALS. In order to be eligible for a grant under section 2, a local building code enforcement department shall submit to the Secretary the following: (1) A demonstration of the jurisdiction's needs in executing building code enforcement administration. (2) A plan for the use of any funds received under this Act that addresses the needs discussed in paragraph (1) and that is consistent with the authorized uses established in section 4. (3) A plan for local governmental actions to be taken to establish and sustain local building code enforcement administration functions, without continuing Federal support, at a level at least equivalent to that proposed in the grant application. (4) A plan to create and maintain a program of public outreach that includes a regularly updated and readily accessible means of public communication, interaction, and reporting regarding the services and work of the local building code enforcement department to be supported by the grant. (5) A plan for ensuring the timely and effective administrative enforcement of building safety and fire prevention violations. SEC. 4. USE OF FUNDS; MATCHING FUNDS. (a) Authorized Uses.--Grants awarded under section 2 may be used by the grant recipient to supplement existing State or local funding for building code enforcement administration. Such funds may be used to increase staffing, provide staff training, increase staff competence and professional qualifications, support individual certification or departmental accreditation, or for capital expenditures specifically dedicated to the administration of the local building code enforcement department. (b) Matching Funds Required.-- (1) In general.--To be eligible to receive a grant under this Act, a local building code enforcement department serving-- (A) a community that is very economically disadvantaged, shall provide matching, non-Federal funds in an amount equal to not less than 5 percent of the total amount of any grant to be awarded under this Act; (B) a community that is moderately economically disadvantaged, shall provide matching, non-Federal funds in an amount equal to not less than 10 percent of the total amount of any grant to be awarded under this Act; or (C) any other community, shall provide matching, non-Federal funds in an amount equal to not less than 20 percent of the total amount of any grant to be awarded under this Act. (2) Economic distress.-- (A) In general.--The Secretary may waive the matching fund requirements under paragraph (1), and institute, by regulation, new matching fund requirements based upon the level of economic distress of the local jurisdiction in which the local building code enforcement department seeking such grant is located. (B) Content of regulations.--Any regulations instituted under subparagraph (A) shall include-- (i) a method that allows for a comparison of the degree of economic distress among the local jurisdictions of grant applicants, as measured by the differences in the extent of growth lag, the extent of poverty, and the adjusted age of housing in such jurisdiction; and (ii) any other factor determined to be relevant by the Secretary in assessing the comparative degree of economic distress among such local jurisdictions. (c) In-Kind Contributions.--In determining the non-Federal share required to be provided under subsection (b), the Secretary shall consider in-kind contributions, not to exceed 50 percent of the amount that the department contributes in non-Federal funds. (d) Waiver of Matching Requirement.--The Secretary shall waive the matching fund requirements under subsection (b) for any recipient jurisdiction that has legislatively dedicated all building code permitting fees to the conduct of local building code enforcement. SEC. 5. RATING AND RANKING OF APPLICATIONS. Eligible applications shall be rated and ranked according to the criteria described in section 6. All complete applications will be compared to one another and points assigned on a continuum within each criterion, with the maximum points awarded to the application that best meets the criterion. SEC. 6. CRITERIA. (a) Need and Community Benefit From Code Enforcement Grant Funds.-- Applications shall be rated and ranked on the degree to which the application demonstrates the intent and means to ensure cooperative and effective working relationships between local building code enforcement officials and other local agencies, as well as a community-oriented approach to building code enforcement, with the award of points as follows: ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- A detailed description of the capital expenditures to be acquired with 0-10 grant funds and a demonstration that the items' costs are reasonable. The jurisdiction's need for the capital expenditure and how the grant 0-10 funds will fulfill this need. The joint benefits provided by the proposed expenditure for the 0-5 following groups or activities: Provide a brief explanation of the benefit. (1 point will be awarded for each response, 5 points maximum). 1. Code enforcement program. 2. Community or jurisdiction. 3. Interdisciplinary code enforcement team. 4. Housing preservation, rehabilitation programs, or neighborhood improvement programs. 5. Special needs groups (disabled, elderly or low or very-low income, etc.). Does the proposed capital expenditure provide a cost savings benefit to 0-5 the jurisdiction? Provide a brief explanation of the cost savings. ---------------------------------------------------------------------------------------------------------------- (b) Current Code Enforcement and Housing Conservation Plan.--Each application shall be rated and ranked on the degree to which the local legislative body in which the applicant resides adopted a ``plan'' which addresses residential structure conservation and building code enforcement, with the award of points as follows: ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- The plan provides for proactive code enforcement (not just responding to 10 complaints), an interdisciplinary approach, and includes funding options for repairs and rehabilitation. The plan only provides for proactive code enforcement (not just 8 responding to complaints) and calls for an interdisciplinary approach and does not address funding options for repairs and rehabilitation. The plan provides for some type of proactive code enforcement (other 6 than just responding to complaints) but doesn't address coordinated interdisciplinary activities with other local public agencies or funding options. The plan provides for only reactive code enforcement. 4 The plan only refers to a need to preserve and/or improve existing 2 housing stock, without any code enforcement program. No existing plan. 0 ---------------------------------------------------------------------------------------------------------------- (c) Community-Oriented or Interdisciplinary Code Enforcement.--Each application shall be rated and ranked on the degree to which the application demonstrates the intent and means to ensure cooperative and effective working relationships between building code enforcement officials and other local agencies, as well as a community-oriented approach to code enforcement, with the award of points as follows: ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- Identify current or proposed interdisciplinary code enforcement programs 0-10 or activities and the team members (example: code enforcement, police, local prosecutors, health department, building and planning, fire, etc.). Provide a description of the team's code enforcement and coordination procedures, activities and services provided. If the current programs or resources are limited in scope, explain how receipt of the grant will be used to improve the program. Identify current or proposed community-oriented code enforcement 0-10 programs, activities or services. (Examples: community clean-ups, Neighborhood Watch programs, community meetings, door-to-door code enforcement knock and talks, etc.). If the current programs or resources are limited in scope, explain how receipt of the grant will be used to improve the program. ---------------------------------------------------------------------------------------------------------------- (d) Proactive Code Enforcement Activities.--Each application shall be rated and ranked on the effectiveness of the proposed or existing proactive activities and programs operated by any existing building code enforcement program, with the award of points as follows: ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- Encourages repairs and preservation, rather than demolition or 0-5 abandonment, of substandard residences. Abatement of (a) lead hazards and lead-based paints, (b) toxic molds and 0-5 dampness, and (c) displacement or relocation of residents. Community clean-up campaigns, which may include recycling dates, free or 0-5 reduced disposal rates at dumpsite, public clean-up days that encourage removal of unwanted or excess debris by making available extra trash pick-ups, dumpsites or trash or recycling containers on specific dates to dispose of household debris, inoperable vehicles, tires, toxic materials, etc. Resource or referral programs for Federal, State, local, and private 0-5 funds and other resources available in your jurisdiction that can assist with housing rehabilitation and repairs to rectify code violations. Public education programs on housing issues. These could include 0-5 community housing meetings dealing with homeownership, tenant/landlord issues, housing code enforcement, school age children's programs with coloring books or handouts, housing safety pamphlets, etc. Programs that encourage community involvement with groups; such as 0-5 schools, church non-profits, community service groups, utility companies, local stores, housing agency banks, etc. ---------------------------------------------------------------------------------------------------------------- (e) Capacity To Financially and Technically Support Proposed Capital Expenditures.--Each application shall be rated and ranked on the degree to which the application demonstrates the jurisdiction's financial and technical capacity to properly use and successfully support the proposed capital expenditure during the term of the grant, with the award of points as follows: ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- The anticipated ongoing program funding for the duration of the grant 0-5 program is adequate to financially support the use of the grant- financed equipment. Include details of funding and technical support sources for the capital expenditure (examples: insurance, paper, maintenance, training, supplies, personnel, monthly billing costs, etc.). The jurisdiction has the technical capabilities to use and support 0-5 equipment (examples: adequately trained staff or resources to provide training to operate technical equipment, local service provider for cell phones or 2-way radios, trained personnel to operate equipment, etc.). ---------------------------------------------------------------------------------------------------------------- SEC. 7. EVALUATION AND REPORT. (a) In General.--Grant recipients shall-- (1) be obligated to fully account and report for the use of all grants funds; and (2) provide a report to the Secretary on the effectiveness of the program undertaken by the grantee and any other criteria requested by the Secretary for the purpose of indicating the effectiveness of, and ideas for, refinement of the grant program. (b) Report.--The report required under subsection (a)(2) shall include a discussion of-- (1) the specific capabilities and functions in local building code enforcement administration that were addressed using funds received under this Act; (2) the lessons learned in carrying out the plans supported by the grant; and (3) the manner in which the programs supported by the grant are to be maintained by the grantee. (c) Content of Reports.--The Secretary shall-- (1) require each recipient of a grant under ths Act to file interim and final reports under subsection (b) to ensure that grant funds are being used as intended and to measure the effectiveness and benefits of the grant program; and (2) develop and maintain a means whereby the public can access such reports, at no cost, via the Internet. SEC. 8. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Building code enforcement department.--The term ``building code enforcement department'' means the building code inspection or enforcement agency of a local jurisdiction. (2) Jurisdiction.--The term ``jurisdiction'' means a city, county, parish, city and county authority, or city and parish authority having local authority to enforce building codes and regulations and collect fees for building permits. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $100,000,000 for each of fiscal years 2008 through 2013 to the Secretary of Housing and Urban Development to carry out the provisions of this Act. (b) Reservation.--From the amount made available under subsection (a), the Secretary may reserve not more than 5 percent for administrative costs. (c) Availability.--Any funds appropriated pursuant to subsection (a) shall remain available until expended.

Community Building Code Administration Grant Act of 2007 - Requires the Secretary of Housing and Urban Development to award grants, on a competitive basis and with federal matching funds, to qualified local building code enforcement departments to increase staffing, provide staff training, increase staff competence and professional qualifications, support individual certification or departmental accreditation, or for capital expenditures specifically dedicated to department administration. Sets forth criteria for rating and ranking of grant proposals.

A bill to promote and enhance the operation of local building code enforcement administration across the country by establishing a competitive Federal matching grant program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Travel Regional Investment Partnership Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The importance of travel and tourism cannot be overstated: travel and tourism employs America. (2) Approximately 8,300,000 domestic jobs depend on the travel and tourism industry. (3) The United States travel and tourism industry-- (A) generates more than $691,000,000,000 annually in direct spending, of which more than 85 percent is the result of domestic travel; and (B) generates more than $1,200,000,000,000 in total spending, if indirect spending is included. (4) The travel and tourism industry accounts for 2.6 percent of the Nation's gross domestic product, nearly 4 times that of the automotive industry. (5) Domestic employment related to the travel and tourism industry cannot be outsourced to other countries. (6) The current economic downturn has created the most difficult economic environment for the domestic travel and tourism industry since the period following the terrorist attacks of September 11, 2001. (7) Travel and tourism revenues dropped by nearly $130,000,000,000 during 2009. The domestic tourism economy has fallen by nearly 4.5 percent during 2009, twice the rate of the overall economy of the United States. (8) Domestic spending on travel and tourism has been in decline since the fourth quarter of fiscal year 2008, while employment in the travel and tourism industry has been falling since the second quarter of such year. (9) Public-private partnerships have been underutilized in the promotion of travel and tourism and are a dynamic tool in creating new domestic tourism markets and promoting domestic regional tourism growth. SEC. 3. DOMESTIC REGIONAL TOURISM GRANT PROGRAM. (a) Establishment.--The Secretary of Commerce shall establish a competitive grant program, to be administered by the Office of Travel and Tourism Industries, to promote domestic regional tourism growth and new domestic tourism market creation. (b) Range of Grant Monetary Amounts.--The amount of each grant awarded under this section shall be at least $100,000 and not more than $1,000,000. (c) Grantee Eligibility Requirements.-- (1) Eligible entities.--Grants may be awarded under this section to-- (A) State tourism offices; (B) local convention and visitors bureaus; and (C) partnerships between a State or local government and local tourism entities. (2) Regional diversity.--In awarding grants under this section, the Secretary may consider-- (A) giving priority to regions with low contributions to tourism marketing; (B) maintaining regional diversity of grant recipients; and (C) providing benefits to rural and less-marketed destinations. (3) Use of funds.--Grants awarded under this section may be used to-- (A) promote domestic regional tourism growth; and (B) create new domestic tourism markets. (4) Application process.-- (A) Submission.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such form, and with such information and assurances as the Secretary may require. (B) Contents.--Each application submitted under subparagraph (A) shall include-- (i) a description of the tourist promotion activities to be funded by the grant; and (ii) in the case of a partnership between a State or local government and local tourism entities-- (I) a list of the specific tourist entities that such government has partnered with in order promote tourism within the relevant domestic region; (II) the details of the partnership agreement; (III) specific information explaining how such partnership will increase regional tourism; and (IV) the anticipated positive impact of the partnership on job creation and employment in the relevant domestic region. (d) Matching Requirement.-- (1) Non-federal funds.--As a condition for receiving a grant under this section, the grant recipient shall provide, either directly or through donations from public or private entities, non-Federal matching funds, in cash or in-kind, in an amount equal to the amount of the grant. (2) Special rule for in-kind donations.--Of the amount of non-Federal matching funds required under paragraph (1), not more than 25 percent may be provided through in-kind contributions. (e) Reports.--Not later than 6 months after the end of each fiscal year in which grants are awarded by the Secretary under this section, the Secretary shall submit a report to Congress that details-- (1) travel-generated expenditures; (2) travel-generated tax receipts; and (3) travel-generated employment. (f) Definitions.--In this section: (1) Local tourist entity.--The term ``local tourist entity'' means any public or private sector business engaged in tourism-related activities. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (g) Authorization of Appropriations.--There is authorized to be appropriated, for each of the first 5 fiscal years beginning after the date of the enactment of this Act, $10,000,000, which shall be used for grants under this section and shall remain available until expended.

Travel Regional Investment Partnership Act - Directs the Secretary of Commerce to establish a competitive grant program, administered by the Office of Travel and Tourism Industries, to award grants to eligible entities (such as state tourism offices, local convention and visitors bureaus, and partnerships between a state or local government and local tourism entities) to promote domestic regional tourism growth and new domestic tourism market creation.

A bill to direct the Secretary of Commerce to establish a comprehensive grant program to promote domestic regional tourism.

That this Act may be cited as the ``National Topsoil Preservation Act of 1993''. Sec. 2. The Congress finds and declares that-- (1) topsoil is a valuable, unique, and peculiar natural resource upon which future generations will be dependent and that while ownership of land in the United States, both privately and under the control of government agencies, provides those in control with certain rights, it also carries with it a responsibility not to destroy the topsoil or so intermingle or bury it that it will not be easily and economically accessible for use at a later date; (2) in order to promote the general welfare and to protect the natural resources of the Nation for both present and future generations, it is necessary in the use and management of the Nation's land resources to provide minimum standards which incorporate environmental, ecological, social, esthetic, economic, conservation, and other factors and prevent the destruction of topsoil and unnecessary interruption of plant reproduction and soil-building processes; and (3) failure to establish minimum standards for the use of land which will protect against the loss of topsoil in and of itself causes those using inadequate standards to move to areas where destructive practices are permitted and therefore such failure to establish such minimum standards affect and is a burden upon commerce among the States. Sec. 3. Each project or activity which is carried out on Federal land (including lands under the jurisdiction of the Secretary of the Interior), for which any direct or indirect Federal assistance is provided, or which is carried out by the Secretary of the Interior or any other agency or instrumentality of the United States, and which involves the moving or covering of topsoil in changing an area of land from its natural state shall be subject to this Act. Such projects and activities shall hereinafter in this Act be referred to as ``projects''. Sec. 4. (a) There is hereby established a National Land Resources Protection Commission, hereinafter in this Act referred to as ``the Commission'', which shall be composed of the Secretary of the Interior and four other members. The President shall designate the Secretary of the Interior as Chairman of the Commission. (b) Members of the Commission shall be appointed by the President, by and with the advice and consent of the Senate, for terms of four years beginning July 1 of the year following each Presidential election. Vacancies on the Commission shall be filled in the same manner as original appointments but only for the unexpired term and any member of the Commission may be removed by the President at any time. Each member shall receive compensation at the rate of $67,500 per annum. (c) The Commission is authorized, subject to the civil service and classification laws, to select, appoint, employ, and fix the compensation of such officers and employees as are necessary to carry out the provisions of this Act and to prescribe their authority and duties. (d) The Commission shall hold such meetings, conduct such hearings, and establish such rules and regulations in accordance with chapter 5, title 5, United States Code, relating to administrative procedure, as may be reasonably necessary to enable it to carry out the provisions of this Act. (e) The Commission may delegate responsibilities hereunder within any particular State to a commission or commissions within that State under terms and conditions assuring that at least the Federal minimum standards established under the provisions of this Act will be adhered to in such State. In each State where responsibilities have been delegated hereunder, the Commission shall exercise a continuing oversight to assure that the purposes of this Act are being constantly carried out and the Commission is also authorized to cancel such delegation of authority at any time. (f) The Commission or any member may administer oaths or affirmations or take evidence; and may by a majority vote subpoena and compel the attendance of witnesses or the production of materials. Sec. 5. (a) The Commission shall establish minimum standards for all projects which assure that a minimum of twelve inches of topsoil or such lesser amount of topsoil as may exist shall be stockpiled from those areas of each project where the shape or contour of the land is changed or where the land is covered. Such topsoil shall not be intermingled with other materials or buried so that it will not be easily and economically accessible for use at a later date; and, to the extent it is sufficient or adequate to do so, such topsoil shall be used to form a top layer of uniform depth and a minimum of twelve inches deep on all areas of the completed project where soil will be exposed to natural elements. Any excess topsoil from such stockpile which is not so used or needed to cover such exposed areas to a depth of twelve inches or more shall be stockpiled permanently in a place where it will improve plant production or be easily and economically accessible for use at a later date. (b) Where sufficient subsoil which is nontoxic to plantlife will not otherwise be available on the exposed areas of a completed project and to the extent available from the project, the Commission shall require the separate stockpiling and replacement in a sublayer of sufficient quantities of appropriate soil to provide such a nontoxic layer of subsoil as if necessary for the production of such plantlife as is normally considered environmentally, ecologically, esthetically, and economically acceptable to the area. (c) The overriding objective of this section is to require that the areas of a completed project where the earth is normally exposed shall be left in at least substantially as good a condition to sustain vegetation as existed prior to the beginning of the project and to protect against the destruction of the productive capacity of existing topsoil which has currently been exposed to the elements or used to sustain plantlife; and the Commission shall establish rules and regulations and provide interpretations consistent with such objective. (d) For the purposes of this Act, the term ``topsoil'' shall mean the surface layer of soil, commonly known as the A-horizon, which contains organic and mineral matter in such quantities as are needed to provide the fertility necessary for the production of vegetation. Sec. 6. The Commission shall establish minimum standards to assure that projects covered by this Act will not cause pollution of existing streams, land slides, flooding or substantially change the volume of water to be carried by natural waterways on land adjoining the immediate construction area except where such change is consistent with an approved State or Federal water resource policy or law. Sec. 7. No soil shall be moved on any project where the moving or covering of topsoil covers an area in excess of one hundred thousand square feet until a license or letter of approval to do so has been issued by the Commission or by a commission to whom authority has been delegated under section 4(e) of this Act. A letter of approval from the director of the appropriate State soil conservation service shall be deemed sufficient for purposes of the preceding sentence with regard to any agricultural lands being restructured for the purpose of increased productivity, soil conservancy, water conservancy, or reduction of air or water pollution. Sec. 8. On all projects where the Commission deems it necessary to assure the fulfillment of the purposes of this Act, the Commission may require prior to the beginning of any moving of earth, the submission of a plan prepared by a professional engineer or surveyor. Where appropriate, aerial photographs showing details in sufficient contour to the satisfaction of the Commission or a United States Department of the Interior Geological Survey topographic map may be substituted to show the area in its current state. Such plan may require the showing of boundaries of the area of land affected and the elevation involved, drainage plans below, above, and away from the area of land affected both before and after construction, the topography of the land involved and its relationship to adjoining property, the direct flow of the water and its relationship to natural waterways, a definite and detailed plan in accordance with section 5 herein for removing and stockpiling and replacing the soil from the land in separate layers and a segregated state so as to assure that it will be kept and replaced in a usable condition for sustaining vegetation, and such other information as the Commission deems necessary to assure that the particular project will not violate the minimum standards established under this Act. The Commission may also require the posting of such bond or deposit of cash or securities as it deems necessary to assure that such standards will be met prior to completion of the project and within a reasonable time during the completion of various stages of the project. Sec. 9. The Commission shall submit a report to the Congress by July 31 of each year setting forth the activities of the Commission and shall also submit to the Congress such other reports as may be requested by committees of the Congress established by either the United States Senate or the United States House of Representatives. Sec. 10. There is authorized to be appropriated not more than $6,000,000 annually for the administration of this Act for each fiscal year commencing after September 30, 1993. compliance with budget act Sec. 11. No authority under this Act to enter into contracts or to make payments shall be effective except to the extent and in such amounts as provided in advance in appropriations Acts. Any provision of this Act which, directly or indirectly, authorizes the enactment of new budget authority shall be effective only for fiscal years beginning after September 30, 1993.

National Topsoil Preservation Act of 1993 - Establishes a National Land Resources Protection Commission which shall establish standards for stockpiling and replacing topsoil on lands where federally assisted projects are carried out. Directs the Commission to establish minimum standards to assure that projects will not pollute existing streams, cause landslides or flooding, or substantially change the water volume carried by the natural waterways adjoining the immediate construction area. Authorizes the Commission to require a plan, a compliance bond for a project prior to any earth moving, or both. Requires the Commission to report annually to the Congress. Authorizes appropriations.

National Topsoil Preservation Act of 1993

SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY. (a) Short Title.--This Act may be cited as the ``Congressional Redistricting Formula Act''. (b) Finding.--Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out congressional redistricting after an apportionment of Members of the House of Representatives because-- (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the 14th amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. SEC. 2. STANDARDS FOR ESTABLISHMENT OF CONGRESSIONAL DISTRICTS. (a) Requiring Redistricting To Follow Standards.-- (1) In general.--Notwithstanding any other provision of law, any Congressional redistricting conducted by a State after an apportionment of Representatives shall be conducted in accordance with a plan-- (A) which meets the standards described in subsection (b); and (B) is enacted in accordance with the public notice requirements of subsection (c). (2) Priority in case of conflict.--To the extent that it is inconsistent for a State to apply each of the standards described in subsection (b) in the case of a Congressional district, the State shall give priority to the standards in the order in which they are listed in subsection (b). (b) Standards Described.-- (1) Equal population.--The number of persons in each Congressional district in a State shall be as nearly equal to the number of persons in each other district in the State as is practicable. (2) Basis for determining population.--The enumeration made pursuant to section 2 of article I of the Constitution shall be the sole basis for determining population. (3) Contiguity of territory.--Congressional districts in the State shall be comprised of contiguous territory, including adjoining insular territory. (4) Consistency with voting rights act.--Congressional districts in the State shall be established in conformance with the requirements of the Voting Rights Act of 1965. (5) No dilution of voting strength.--Congressional districts in the State may not be established with the major purpose of diluting the voting strength of any person, or group, including any political party, except as necessary to comply with the requirements of the Voting Rights Act of 1965. (6) Avoiding division of units of local government.-- (A) In general.--Except as necessary to comply with the requirements of the Voting Rights Act of 1965, the boundaries of Congressional districts in the State shall be drawn so as to avoid the unnecessary division of units of local government and, to the greatest extent possible, shall be drawn in accordance with the following specific standards: (i) No more than one Congressional district shall cross the common boundary between any 2 counties, townships, towns, villages, cities, or any other units of local government. (ii) No Congressional district shall contain more than 2 fragments of counties, townships, towns, villages, cities, or any other units of local government. (iii) No county, township, town, village, city, or other unit of local government shall contain more than 2 Congressional district fragments. (B) Fragment defined.--For purposes of subparagraph (A), the term ``fragment'' means, with respect to a Congressional district, county, township, town, village, city, or other unit of local government, a portion of the unit which does not contain all the population of the Congressional district or unit of local government (as the case may be). For purposes of this specific standard, a unit of local government includes the area and population entirely surrounded by that unit's outer boundary, including the area and population of any other units of local government within that boundary. (7) Promoting compactness of districts.-- (A) In general.--Congressional districts in a State shall be compact in form, and the boundaries of districts shall be drawn so that nearby populations are not bypassed in favor of more distant populations, in accordance with the following criteria: (i) Each district shall contain no less than 60 percent of the population contained in that figure drawn around that district, bounded by only straight lines, with the shortest possible perimeter. (ii) The average of the sum of percentages calculated under clause (i) for all the districts in the State shall not be less than 75 percent. (iii) Only the population within the State in which each district is located shall be used in making the calculations described in clauses (i) and (ii), except that the population of offshore islands may be excluded in making these calculations. (B) Computation of percentages.--For purposes of computing the percentages described in subparagraph (A), the total populations of a census block shall be deemed within a Congressional district or figure surrounding that Congressional district if the geographic center of that block falls within the district or the figure drawn around the district. For purposes of the previous sentence, the geographic center of a census block shall be defined as the point contained within the boundaries of the census block which is normally calculated to display a label in that block when generating a map. (c) Public Notice Requirements.-- (1) Solicitation of comments prior to enactment.--A State may not enact a plan for Congressional redistricting unless, during a period of at least 2 weeks preceding the enactment of the plan-- (A) the State makes available on the Internet and publishes detailed maps showing the exact boundaries of each proposed Congressional district and a detailed analysis of the population of each proposed Congressional district; and (B) the State solicits comments and questions on the plan from the public, under such methods as the State may select which provide the greatest opportunity practicable for public input. (2) Sharing of information used to develop plans.-- (A) Posting of information.--During the period described in subparagraph (B), the entity of the government of a State which responsible for conducting Congressional redistricting in the State shall make available on the Internet (on a continuously updated basis) all of the population and demographic data which is used by the State to develop Congressional redistricting plans. (B) Period described.--The period described in this subparagraph is the period-- (i) which begins on the final deadline provided under section 22(b) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), for the Clerk of the House of Representatives to transmit to the State the notice of the number of Representatives to which the State is entitled in the following Congress; and (ii) which ends on the date on which the State enacts the Congressional redistricting plan. SEC. 3. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE. Nothing in this Act may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. SEC. 4. EFFECTIVE DATE. This Act shall apply with respect to any congressional redistricting which occurs after the regular decennial census conducted during 2010.

Congressional Redistricting Formula Act - Requires any congressional redistricting conducted by a state after an apportionment of Representatives to be conducted in accordance with a plan which: (1) meets certain standards; and (2) is enacted in accordance with specified public notice requirements. Sets standards regarding: (1) equal population for each congressional district in a state; (2) contiguity of territory; (3) consistency with the Voting Rights Act of 1965; (4) nondilution of the voting strength of any person or group, including any political party; (5) avoidance of fragmenting local government units; and (6) compactness of districts.

To establish the terms and conditions States must follow in carrying out Congressional redistricting.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Turkish Human Rights Compliance Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The Department of State, in its 1995 report entitled ``Country Reports on Human Rights'', documented a systematic and widespread pattern of human rights abuses by the Government of Turkey. According to the portion of the report relating to Turkey, ``the human rights situation in Turkey worsened significantly in 1994''. (2) Amnesty International, Human Rights Watch, the United Nations Committee Against Torture, the European Parliament, the International Human Rights Law Group, the Lawyers Committee for Human Rights, Physicians Without Frontiers, Freedom House, the Humanitarian Law Project, the Turkish Human Rights Associations, and other human rights monitoring organizations have documented extensive and continuing human rights abuses by the Government of Turkey, including the widespread use of torture. (3) The actions of the Government of Turkey are in violation of several international human rights agreements to which Turkey is a party, including the United Nations Universal Declaration of Human Rights, the Final Act of the Conference on Security and Cooperation in Europe, and the European Convention on Human Rights. (4) The Government of Turkey continues to deny the existence of its 15,000,000 Kurdish citizens and has used military force to deny them an identity, destroying more than 2,000 Kurdish villages and uprooting more than 2,000,000 Kurds. (5) Turkey continues its illegal military occupation of Cyprus and has obstructed efforts to reach a just and lasting resolution to the division of Cyprus and the massive uprooting of Greek Cypriots caused by the 1974 invasion by Turkey of Cyprus. (6) The Government of Turkey continues to blockade Armenia, obstructing the delivery of American and international humanitarian relief supplies. (7) Turkey continues to place prohibitive restrictions on the religious leadership of Christian communities within Turkey and has failed to protect these communities adequately from acts of violence and vandalism. (8) The Congress, in the fiscal year 1995 budget for foreign assistance, withheld 10 percent of the principal amount of direct loans to Turkey because of that country's human rights record and the situation in Cyprus. The Government of Turkey has stated that it would reject any United States assistance tied to its human rights record, which, according to independent human rights monitoring organizations, has continued to deteriorate. SEC. 3. RESTRICTIONS ON ASSISTANCE FOR TURKEY. (a) Restrictions.--Of the funds made available for fiscal year 1996 for assistance to the Government of Turkey under the Foreign Assistance Act of 1961 and the Arms Export Control Act, the President shall withhold, first from grant assistance, if any, and then from loan assistance, $500,000 for each day that Turkey does not meet the conditions of section 4. (b) Waiver.--The President may waive the application of subsection (a) if the President determines that it is in the national security interest of the United States to do so. SEC. 4. CONDITIONS. The conditions of this section are met when the President certifies to Congress that the Government of Turkey-- (1) allows free and unfettered monitoring of the human rights situation within its territory by domestic and international human rights monitoring organizations, including but not limited to, the Turkish Human Rights Association, the Conference on Security and Cooperation in Europe, Amnesty International, and Human Rights Watch; (2) recognizes the civil, cultural, and human rights of its Kurdish citizens, ceases its military operations against Kurdish civilians, and takes demonstrable steps toward a peaceful resolution of the Kurdish issue; (3) takes demonstrable steps toward the total withdrawal of its military forces from Cyprus and demonstrates its support for a settlement recognizing the sovereignty, independence, and territorial integrity of Cyprus, with a constitutional democracy based on majority rule, the rule of law, and the protection of minority rights; (4) completely removes its blockade of United States and international assistance to Armenia; and (5) removes official restrictions on Christian churches and schools and offers sufficient protection against acts of violence and harassment directed at members of the clergy, and offers sufficient protection against acts of vandalism directed at church and school property.

Turkish Human Rights Compliance Act - Requires the President, from the funds available for FY 1996 for assistance for Turkey under the Foreign Assistance Act of 1961 and the Arms Export Control Act, to withhold, first from grant assistance and then from loan assistance, $500,000 for each day that Turkey does not meet the conditions of this Act. Authorizes a presidential waiver of this Act if it is in the national security interest. Considers conditions to be met when the President certifies to the Congress that the Turkish Government: (1) allows free monitoring of the human rights situation within its territory by human rights monitoring organizations; (2) recognizes the civil, cultural, and human rights of its Kurdish citizens, ceases military operations against Kurdish civilians, and takes steps toward a peaceful resolution of the Kurdish issue; (3) takes steps toward the total withdrawal of military forces from Cyprus and supports a settlement recognizing the sovereignty and independence of Cyprus, with a constitutional democracy; (4) removes its blockade of U.S. and international assistance to Armenia; and (5) removes official restrictions on Christian churches and schools and offers sufficient protection against acts of violence, harassment, and vandalism in connection with the clergy and such churches and schools.

Turkish Human Rights Compliance Act

SECTION 1. RENEWAL COMMUNITY TAX INCENTIVES. (a) In General.--Subsection (b) of section 1400E of the Internal Revenue Code of 1986 is amended-- (1) by striking ``December 31, 2009'' in paragraphs (1)(A) and (3) and inserting ``December 31, 2012''; and (2) by striking ``January 1, 2010'' in paragraph (3) and inserting ``January 1, 2013''. (b) Zero-Percent Capital Gains Rate.-- (1) Acquisition date.--Paragraphs (2)(A)(i), (3)(A), (4)(A)(i), and (4)(B)(i) of section 1400F(b) of such Code are each amended by striking ``January 1, 2010'' and inserting ``January 1, 2013''. (2) Limitation on period of gains.--Paragraph (2) of section 1400F(c) of such Code is amended-- (A) by striking ``December 31, 2014'' and inserting ``December 31, 2017''; and (B) by striking ``2014'' in the heading and inserting ``2017''. (3) Applicable rules.--Subsection (d) of section 1400F is amended-- (A) by striking ``December 31, 2014'' the first place it appears and inserting ``December 31, 2017'', and (B) by striking ``December 31, 2014'' the second place it appears and inserting ``December 31, 2016''. (c) Commercial Revitalization Deduction.-- (1) Extension.-- (A) In general.--Subsection (g) of section 1400I of such Code is amended by striking ``December 31, 2009'' and inserting ``December 31, 2012''. (B) Conforming amendment.--Subparagraph (A) of section 1400I(d)(2) of such Code is amended by striking ``after 2001 and before 2010'' and inserting ``which begins after 2001 and before the date referred to in subsection (g)''. (2) Carryforward of unallocated state commercial revitalization expenditure ceiling.-- (A) In general.--Paragraph (1) of section 1400I(d) of such Code is amended to read as follows: ``(1) In general.--The aggregate commercial revitalization expenditure amount which a commercial revitalization agency may allocate for any calendar year is the amount equal to the sum of-- ``(A) the amount of the State commercial revitalization expenditure ceiling determined under this paragraph for such calendar year for such agency (determined without regard to subparagraph (B)), and ``(B) the aggregate of the unused State commercial revitalization expenditure ceilings determined under this paragraph for such agency for each of the 2 preceding calendar years. For purposes of subparagraph (B), amounts of expenditure ceiling shall be treated as allocated by an agency first from unused amounts for the second preceding calendar year, then from unused amounts for the 1st preceding calendar year, and then from amounts from the current year State allocation.''. (B) Effective date.--The amendment made by this subsection shall apply to calendar years beginning after the date of the enactment of this Act. (d) Increased Expensing Under Section 179.--Subparagraph (A) of section 1400J(b)(1) of such Code is amended by striking ``January 1, 2010'' and inserting ``January 1, 2013''. (e) Treatment of Certain Termination Dates Specified in Nominations.--In the case of a designation of a renewal community the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A) of section 1400E(b)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), subparagraph (B) of such section shall not apply with respect to such designation unless, after the date of the enactment of this section, the entity which made such nomination reconfirms such termination date, or amends the nomination to provide for a new termination date, in such manner as the Secretary of the Treasury (or the Secretary's designee) may provide. (f) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to periods after December 31, 2009. (2) Acquisitions.--The amendments made by subsections (b)(1) and (d) shall apply to acquisitions after December 31, 2009. (3) Commercial revitalization deduction.-- (A) In general.--The amendment made by subsection (c)(1) shall apply to buildings placed in service after December 31, 2009. (B) Conforming amendment.--The amendment made by subsection (c)(2) shall apply to calendar years beginning after December 31, 2009.

Amends the Internal Revenue Code to extend through December 31, 2012, the designation period of areas as renewal communities and tax incentives for investment in such areas, including: (1) the exclusion from gross income for income tax purposes of gain from the sale or exchange of assets (stock or business property) in such areas, (2) the tax deduction for commercial revitalization expenditures in such areas, and (3) an increased expensing allowance for the acquisition of business and investment assets in such areas.

To amend the Internal Revenue Code of 1986 to extend the Renewal Community program through end of 2012.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans and Survivors Employment and Training Act of 2007''. SEC. 2. EXPANSION OF EDUCATION PROGRAMS ELIGIBLE FOR ACCELERATED PAYMENT OF EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL. (a) In General.--Subsection (b) of section 3014A of title 38, United States Code, is amended by striking paragraph (1) and inserting the following new paragraph (1): ``(1) enrolled in either-- ``(A) an approved program of education that leads to employment in a high technology occupation in a high technology industry (as determined pursuant to regulations prescribed by the Secretary); or ``(B) an approved program of education lasting less than two years that leads to employment in a sector of the economy, as identified by the Department of Labor, that-- ``(i) is projected to-- ``(I) experience a substantial increase in the number of jobs; or ``(II) positively affect the growth of another sector of the economy; or ``(ii) consists of existing or emerging businesses that are being transformed by technology and innovation and require new skills for workers; and''. (b) Conforming Expansion of Program of Education.--Such section is further amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection (g): ``(g) For purposes of this section, a program of education includes a program of education (as defined in section 3002(3) of this title) pursued at a tribally controlled college or university (as such term is defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801)).''. (c) Conforming Amendments.-- (1) Heading amendment.--The heading of such section is amended to read as follows: ``Sec. 3014A. Accelerated payment of basic educational assistance''. (2) Clerical amendment.--The item relating to such section in the table of sections at the beginning of chapter 30 of such title is amended to read as follows: ``3014A. Accelerated payment of basic educational assistance.''. SEC. 3. ACCELERATED PAYMENT OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE FOR CERTAIN PROGRAMS OF EDUCATION. (a) In General.--Subchapter IV of chapter 35 of title 38, United States Code, is amended by inserting after section 3532 the following new section: ``Sec. 3532A. Accelerated payment of educational assistance allowance ``(a) The educational assistance allowance payable under section 3531 of this title with respect to an eligible person described in subsection (b) may, upon the election of such eligible person, be paid on accelerated basis in accordance with this section. ``(b) An eligible person described in this subsection is an individual who is-- ``(1) enrolled in either-- ``(A) an approved program of education that leads to employment in a high technology occupation in a high technology industry (as determined pursuant to regulations prescribed by the Secretary); or ``(B) an approved program of education lasting less than two years that leads to employment in a sector of the economy, as identified by the Department of Labor, that-- ``(i) is projected to-- ``(I) experience a substantial increase in the number of jobs; or ``(II) positively affect the growth of another sector of the economy; or ``(ii) consists of existing or emerging businesses that are being transformed by technology and innovation and require new skills for workers; and ``(2) charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the individual under section 3531 of this title. ``(c)(1) The amount of the accelerated payment of educational assistance payable with respect to an eligible person making an election under subsection (a) for a program of education shall be the lesser of-- ``(A) the amount equal to 60 percent of the established charges for the program of education; or ``(B) the aggregate amount of educational assistance allowance to which the individual remains entitled under this chapter at the time of the payment. ``(2) In this subsection, the term `established charges', in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary) for tuition and fees which similarly circumstanced nonveterans enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis: ``(A) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester. ``(B) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education. ``(3) The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible person under subsection (a) shall certify to the Secretary the amount of the established charges for the program of education. ``(d) An accelerated payment of educational assistance allowance made with respect to an eligible person under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary receives a certification from the educational institution regarding-- ``(1) the person's enrollment in and pursuit of the program of education; and ``(2) the amount of the established charges for the program of education. ``(e)(1) Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible person under this section, the person's entitlement to basic educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the person under section 3531 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made. ``(2) If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible person under section 3531 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the person's entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary. ``(f) The Secretary may not make an accelerated payment of educational assistance allowance under this section for a program of education with respect to an eligible person who has received an advance payment under section 3680(d) of this title for the same enrollment period. ``(g) For purposes of this section, a program of education includes a program of education (as defined in section 3002(3) of this title) pursued at a tribally controlled college or university (as such term is defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801)). ``(h) The Secretary shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of this title as the Secretary considers appropriate for purposes of this section''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 35 of such title is amended by inserting after the item relating to section 3532 the following new item: ``3532A. Accelerated payment of educational assistance allowance.''.

Veterans and Survivors Employment and Training Act of 2007 - Permits accelerated payments of educational assistance under the Montgomery GI Bill to an individual enrolled in an approved program of education that either: (1) leads to employment in a high technology occupation in a high technology industry; or (2) lasts less than two years and leads to employment in a sector of the economy that is projected to experience a substantial increase in the number of jobs, positively affect the growth of another sector of the economy, or consists of existing or emerging businesses that are being transformed by technology and innovation and require new skills for workers. Includes as an authorized program for purposes of such assistance a program of education pursued at a tribally controlled college or university as defined under the Tribally Controlled College or University Assistance Act of 1978. Permits accelerated payments, with the same requirements, for eligible individuals under the survivors' and dependents' educational assistance program, with added conditions.

A bill to amend title 38, United States Code, to expand the scope of programs of education for which accelerated payments of educational assistance under the Montgomery GI Bill may be used, and for other purposes.

SECTION 1. ALGAE DERIVED FUEL CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 40A the following new section: ``SEC. 40B. ALGAE DERIVED FUEL CREDIT. ``(a) General Rule.--For purposes of section 38, the algae derived fuel credit determined under this section for the taxable year is an amount equal to the product of $1.50 and the gallons of algae derived fuel-- ``(1) produced by the taxpayer and sold at retail for use as a fuel or used during the taxable year by the taxpayer in a trade or business, or ``(2) used by the taxpayer in the production of a mixture with another fuel and sold for use as a fuel or used by the taxpayer during the taxable year for use as a fuel in a trade or business. ``(b) Coordination With Credit Against Excise Tax.--The amount of the credit determined under this section with respect to any algae derived fuel shall be properly reduced to take into account any benefit provided with respect to such algae derived fuel solely by reason of the application of section 6426 or 6427(e). ``(c) Definition of Algae Derived Fuel.--For purposes of this section-- ``(1) The term `algae derived fuel' means a liquid hydrocarbon product that is substantially similar to current commercial fuels derived from petroleum and is derived from the biomass of algal organisms. Such term shall not include any liquid with respect to which a credit may be determined under section 40 or 40A. ``(2) The term `algal organisms' means single or multi- cellular organisms which are inherently photosynthetic and aquatic. ``(d) Mixture or Algae Derived Fuel Not Used as a Fuel, etc.--For purposes of this section, rules similar to the rules of paragraphs (3) and (4) of section 40A(d) shall apply. ``(e) Termination.--This section shall not apply to any sale or use after December 31, 2012.''. (b) Credit Treated as Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by inserting after paragraph (33) the following new paragraph: ``(34) the biodiesel fuels credit determined under section 40B(a).''. (c) Credit Included in Income.--Section 87 of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by inserting after paragraph (2) the following new paragraph: ``(3) the algae derived fuels credit determined with respect to the taxpayer for the taxable year under section 40B(a).''. (d) Deduction for Unused Credit.--Section 196(c) of such Code is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, and'', and by adding at the end the following new paragraph: ``(14) the algae derived fuels credit determined under section 40B(a).''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 40A the following new item: ``Sec. 40B. Algae derived fuel credit.''. (f) Effective Date.--The amendments made by this section shall apply to fuels sold or used in taxable years beginning after the date of the enactment of this Act. SEC. 2. EXCISE TAX CREDIT PARITY FOR ALGAE DERIVED FUEL. (a) Allowance of Credit.--Paragraph (1) of section 6426(a) of the Internal Revenue Code of 1986 is amended by striking ``and (e)'' and inserting ``(e), and (f)''. (b) Algae Derived Fuel Mixture Credit.--Section 6426 of the Internal Revenue Code of 1986 is amended by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively, and by inserting after subsection (e) the following new subsection: ``(f) Algae Derived Fuel Mixture Credit.-- ``(1) In general.--For purposes of this section, the algae derived fuel credit is the product of $1.50 and the number of gallons-- ``(A) of algae derived fuel produced by the taxpayer and sold at retail for use as a fuel or used by the taxpayer in a trade or business of the taxpayer, and ``(B) of algae derived fuel used by the taxpayer in producing any mixture of such fuel with any other fuel subsequently sold for use as a fuel or used by the taxpayer for use as a fuel in a trade or business of the taxpayer. ``(2) Algae derived fuel.--For the purposes of this section, the term `algae derived fuel' shall have the same meaning given such term in section 40B. ``(3) Termination.--This subsection shall not apply to any sale or use after December 31, 2012.''. (c) Effective Date.--The amendments made by this section shall apply to fuels sold or used for any period after the date of the enactment of this Act. SEC. 3. PARITY REGARDING PAYMENTS FOR FUEL MIXTURE. (a) In General.--Paragraph (1) of section 6427(e) of the Internal Revenue Code of 1986 is amended by inserting ``or algae derived fuel mixture credit'' after ``alternative fuel mixture credit''. (b) Termination.--Paragraph (5) of section 6427(e) of such Code is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', by inserting after subparagraph (D) the following new subparagraph: ``(E) any algae based fuel mixture sold or used after December 31, 2012.''. (c) Conforming Amendment.--The heading for section 6427(e) of such Code is amended by striking ``and Biodiesel Mixtures'' and inserting ``, Biodiesel Mixtures, and Algae Derived Mixtures''. (d) Effective Date.--The amendments made by this section shall apply to fuels sold or used for any period after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow an income and excise tax credit for the production of algae derived fuel and fuel mixtures. Defines "algae derived fuel" as a liquid hydrocarbon product that is derived from the biomass of algal organisms (single- or multi-cellular organisms that are inherently photosynthetic and aquatic). Terminates such credits after 2012.

To amend the Internal Revenue Code of 1986 to provide for a credit for algae derived fuels, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Accountability in Corporate Political Activity Act of 2010''. (b) Findings.--Congress finds as follows: (1) The Supreme Court decision in Citizens United v. FEC allows a corporation to have increased access to the election process by permitting unlimited disbursements from a corporation's general treasury funds for the purpose of political advocacy. (2) As established in the Citizens United case, the Court rejected the argument that political speech of corporations or other associations should be treated differently under the First Amendment simply because such associations are not ``natural persons'', thereby granting corporations the same First Amendment rights as individuals regarding political advocacy. (3) In the United States, 48 States prohibit individuals from voting while incarcerated, and 2 States permanently bar individuals convicted of a felony from voting. (4) Unlike individuals, corporations are not currently subject to any form of disenfranchisement from the political process due to the conviction of a crime. (5) Corporations should be subject to similar regulations and punishments as individuals for violating the law and the public's trust. SEC. 2. PROHIBITING CORPORATIONS SUBJECT TO CERTAIN CRIMINAL OR CIVIL SANCTIONS FROM ENGAGING IN CAMPAIGN-RELATED ACTIVITY. (a) Prohibition.--Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at the end the following new subsection: ``(d) Prohibiting Corporations Subject to Certain Sanctions From Engaging in Campaign-Related Activity.-- ``(1) Prohibition.--Subject to paragraph (2), a corporation described in subsection (a) may not engage in any campaign- related activity if the corporation has been subject to any of the following sanctions: ``(A) The imposition of any criminal penalty under any Federal law. ``(B) The imposition of a civil money penalty under this Act. ``(C) The imposition of a civil money penalty under any other Federal law in an amount equal to or greater than $1,000,000. ``(2) Application of prohibition.-- ``(A) In general.--Paragraph (1) shall apply with respect to a corporation only during such period of time (if any) as may be determined appropriate by the court or other entity which imposes the sanction involved. ``(B) Statement if prohibition not applied.--If the court or other entity which imposes a sanction on a corporation determines that it is not appropriate to apply paragraph (1) to the corporation for any period of time, the court or other entity shall, at the time of imposing the sanction, publicly disseminate and file with the Commission a statement of the court's or other entity's reasons for not applying paragraph (1) to the corporation. ``(3) Campaign-related activity defined.--In this paragraph, the term `campaign-related activity' means, with respect to a corporation-- ``(A) the making of a contribution by a separate segregated fund of the organization established and administered pursuant to subsection (b)(2)(C); ``(B) the disbursement of funds for an independent expenditure; or ``(C) the disbursement of funds for an electioneering communication described in section 304(f).''. (b) Dissemination of Information on Availability of Sanction.--Upon the enactment of this Act, the Federal Election Commission shall disseminate information to the public, and shall notify each State, regarding the availability of the prohibition described in section 316(d) of the Federal Election Campaign Act of 1971, as added by subsection (a), as a sanction applicable to corporations subject to any of the sanctions described in section 316(d)(1) of such Act. (c) Effective Date.--The amendment made by subsection (a) shall apply with respect to penalties imposed on or after the date of the enactment of this Act. SEC. 3. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

Accountability in Corporate Political Activity Act of 2010 - Amends the Federal Election Campaign Act of 1971 to prohibit a corporation organized by authority of any law of Congress from engaging in any campaign-related activity if the corporation has been subject to: (1) any federal criminal penalty; (2) a civil money penalty under this Act; or (3) a civil money penalty under any other federal law in an amount equal to or greater than $1 million.

To amend the Federal Election Campaign Act of 1971 to prohibit corporations which are subject to certain criminal or civil sanctions from engaging in campaign-related activity under such Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Canadian Waste Import Ban Act of 2003''. SEC. 2. CANADIAN MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following: ``SEC. 4011. CANADIAN MUNICIPAL SOLID WASTE. ``(a) Definitions.--In this section: ``(1) Agreement.--The term `Agreement' means-- ``(A) the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, signed at Ottawa on October 28, 1986 (TIAS 11099) and amended on November 25, 1992; and ``(B) any regulations promulgated to implement and enforce that Agreement. ``(2) Canadian municipal solid waste.--The term `Canadian municipal solid waste' means municipal solid waste that is generated in Canada. ``(3) Municipal solid waste.-- ``(A) In general.--The term `municipal solid waste' means-- ``(i) material discarded for disposal by-- ``(I) households (including single and multifamily residences); and ``(II) public lodgings such as hotels and motels; and ``(ii) material discarded for disposal that was generated by commercial, institutional, and industrial sources, to the extent that the material-- ``(I)(aa) is essentially the same as material described in clause (i); or ``(bb) is collected and disposed of with material described in clause (i) as part of a normal municipal solid waste collection service; and ``(II) is not subject to regulation under subtitle C. ``(B) Inclusions.--The term `municipal solid waste' includes-- ``(i) appliances; ``(ii) clothing; ``(iii) consumer product packaging; ``(iv) cosmetics; ``(v) debris resulting from construction, remodeling, repair, or demolition of a structure; ``(vi) disposable diapers; ``(vii) food containers made of glass or metal; ``(viii) food waste; ``(ix) household hazardous waste; ``(x) office supplies; ``(xi) paper; and ``(xii) yard waste. ``(C) Exclusions.--The term `municipal solid waste' does not include-- ``(i) solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste; ``(ii) solid waste, including contaminated soil and debris, resulting from-- ``(I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604, 9606); ``(II) a response action taken under a State law with authorities comparable to the authorities contained in either of those sections; or ``(III) a corrective action taken under this Act; ``(iii) recyclable material-- ``(I) that has been separated, at the source of the material, from waste destined for disposal; or ``(II) that has been managed separately from waste destined for disposal, including scrap rubber to be used as a fuel source; ``(iv) a material or product returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible potential reuse; ``(v) solid waste that is-- ``(I) generated by an industrial facility; and ``(II) transported for the purpose of treatment, storage, or disposal to a facility (which facility is in compliance with applicable State and local land use and zoning laws and regulations) or facility unit-- ``(aa) that is owned or operated by the generator of the waste; ``(bb) that is located on property owned by the generator of the waste or a company with which the generator is affiliated; or ``(cc) the capacity of which is contractually dedicated exclusively to a specific generator; ``(vi) medical waste that is segregated from or not mixed with solid waste; ``(vii) sewage sludge or residuals from a sewage treatment plant; ``(viii) combustion ash generated by a resource recovery facility or municipal incinerator; or ``(ix) waste from a manufacturing or processing (including pollution control) operation that is not essentially the same as waste normally generated by households. ``(b) Ban on Canadian Municipal Solid Waste.-- ``(1) In general.--Except as provided in paragraph (2), until the date on which the Administrator promulgates regulations to implement and enforce the Agreement (including notice and consent provisions of the Agreement), no person may import into any State, and no solid waste management facility may accept, Canadian municipal solid waste for the purpose of disposal or incineration of the Canadian municipal solid waste. ``(2) Election by governor.--The Governor of a State may elect to opt out of the ban under paragraph (1), and consent to the importation and acceptance by the State of Canadian municipal solid waste before the date specified in that paragraph, if the Governor submits to the Administrator a notice of that election by the Governor. ``(c) Authority of Administrator.-- ``(1) In general.--Beginning immediately after the date of enactment of this section, the Administrator shall-- ``(A) perform the functions of the Designated Authority of the United States described in the Agreement with respect to the importation and exportation of municipal solid waste under the Agreement; and ``(B) implement and enforce the Agreement (including notice and consent provisions of the Agreement). ``(2) Consent to importation.--In considering whether to consent to the importation of Canadian municipal solid waste under article 3(c) of the Agreement, the Administrator shall-- ``(A) obtain the consent of each State into which the Canadian municipal solid waste is to be imported; and ``(B) consider the impact of the importation on homeland security, public health, and the environment.''. (b) Conforming Amendment.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item relating to section 4010 the following: ``Sec. 4011. Canadian municipal solid waste.''.

Canadian Waste Import Ban Act of 2003 - Amends the Solid Waste Disposal Act to prohibit the importation into any State, and acceptance by a solid waste management facility, of Canadian municipal solid waste for disposal or incineration until the date on which the Administrator of the Environmental Protection Agency (EPA) promulgates regulations to implement and enforce the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada. Authorizes State Governors to opt out of such prohibition pending promulgation of regulations if notice is submitted to the Administrator. Requires the Administrator to: (1) perform the functions of the Designated Authority of the United States described in the Agreement with respect to the importation and exportation of municipal solid waste; and (2) implement and enforce the Agreement. Directs the Administrator, when making importation decisions under the Agreement, to obtain the consent of each State and to consider the impact of importation on homeland security, public health, and the environment.

A bill to amend the Solid Waste Disposal Act to prohibit the importation of Canadian municipal solid waste without State consent.

SECTION 1. SHORT TITLE. This Act may be cited as the ``What Works to Move Welfare Recipients into Jobs Act''. SEC. 2. STRENGTHENING WELFARE RESEARCH AND EVALUATION AND DEVELOPMENT OF A WHAT WORKS CLEARINGHOUSE. Section 413 of the Social Security Act (42 U.S.C. 613) is amended to read as follows: ``SEC. 413. EVALUATION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AND RELATED PROGRAMS. ``(a) Evaluation of the Impacts of TANF.--The Secretary shall conduct research on the effect of State programs funded under this part and any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) on employment, self- sufficiency, child well-being, unmarried births, marriage, poverty, economic mobility, and other factors as determined by the Secretary. ``(b) Evaluation of Grants to Improve Child Well-being by Promoting Healthy Marriage and Responsible Fatherhood.--The Secretary shall conduct research to determine the effects of the grants made under section 403(a)(2) on child well-being, marriage, family stability, economic mobility, poverty, and other factors as determined by the Secretary. ``(c) Dissemination of Information.--The Secretary shall, in consultation with States receiving funds provided under this part, develop methods of disseminating information on any research, evaluation, or study conducted under this section, including facilitating the sharing of information and best practices among States and localities. ``(d) State-initiated Evaluations.--A State shall be eligible to receive funding to evaluate the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) if-- ``(1) the State submits to the Secretary a description of the proposed evaluation; ``(2) the Secretary determines that the design and approach of the proposed evaluation is rigorous and is likely to yield information that is credible and will be useful to other States; and ``(3) unless waived by the Secretary, the State contributes to the cost of the evaluation, from non-Federal sources, an amount equal to at least 25 percent of the cost of the proposed evaluation. ``(e) Census Bureau Research.-- ``(1) The Bureau of the Census shall implement or enhance household surveys of program participation, in consultation with the Secretary and the Burueau of Labor Statistics and made available to interested parties, to allow for the assessment of the outcomes of continued welfare reform on the economic and child well-being of low-income families with children, including those who received assistance or services from a State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). The content of the surveys should include such information as may be necessary to examine the issues of unmarried childbearing, marriage, welfare dependency and compliance with work requirements, the beginning and ending of spells of assistance, work, earnings and employment stability, and the well-being of children. ``(2) To carry out the activities specified in paragraph (1), the Bureau of the Census, the Secretary, and the Bureau of Labor Statistics shall consider ways to improve the surveys and data derived from the surveys to-- ``(A) address underreporting of the receipt of means-tested benefits and tax benefits for low-income individuals and families; ``(B) increase understanding of poverty spells and long-term poverty, including by facilitating the matching of information to better understand intergenerational poverty; ``(C) generate a better geographical understanding of poverty such as through State-based estimates and measures of neighborhood poverty; ``(D) increase understanding of the effects of means-tested benefits and tax benefits on the earnings of low-income families; and ``(E) improve how poverty and economic well-being are measured, including through the use of consumption measures. ``(f) Research and Evaluation Conducted Under This Section.-- Research and evaluation conducted under this section designed to determine the effects of a program or policy (other than research conducted under subsection (e)) shall use experimental designs using random assignment or other reliable, evidence-based research methodologies that allow for the strongest possible causal inferences when random assignment is not feasible. ``(g) Development of What Works Clearinghouse of Proven and Promising Approaches to Move Welfare Recipients Into Work.-- ``(1) In general.--The Secretary, in consultation with the Secretary of Labor, shall develop a database (which shall be referred to as the `What Works Clearinghouse of Proven and Promising Projects to Move Welfare Recipients into Work') of the projects that used a proven approach or a promising approach in moving welfare recipients into work, based on independent, rigorous evaluations of the projects. The database shall include a separate listing of projects that used a developmental approach in delivering services and a further separate listing of the projects with no or negative effects. The Secretary shall add to the What Works Clearinghouse of Proven and Promising Projects to Move Welfare Recipients into Work data about the projects that, based on an independent, well-conducted experimental evaluation of a program or project, using random assignment or other research methodologies that allow for the strongest possible causal inferences, have shown they are proven, promising, developmental, or ineffective approaches. ``(2) Criteria for evidence of effectiveness of approach.-- The Secretary, in consultation with the Secretary of Labor and organizations with experience in evaluating research on the effectiveness of various approaches in delivering services to move welfare recipients into work, shall-- ``(A) establish criteria for evidence of effectiveness; and ``(B) ensure that the process for establishing the criteria-- ``(i) is transparent; ``(ii) is consistent across agencies; ``(iii) provides opportunity for public comment; and ``(iv) takes into account efforts of Federal agencies to identify and publicize effective interventions, including efforts at the Department of Health and Human Services, the Department of Education, and the Department of Justice. ``(3) Definitions.--In this subsection: ``(A) Approach.--The term `approach' means a process, product, strategy, or practice that is-- ``(i) research-based, based on the results of 1 or more empirical studies, and linked to program-determined outcomes; and ``(ii) evaluated using rigorous research designs. ``(B) Proven approach.--The term `proven approach' means an approach that-- ``(i) meets the requirements of a promising approach; and ``(ii) has demonstrated significant positive outcomes at more than 1 site in terms of increasing work and earnings of participants, reducing poverty and dependence, or strengthening families. ``(C) Promising approach.--The term `promising approach' means an approach-- ``(i) that meets the requirements of subparagraph (D)(i); ``(ii) that has been evaluated using well- designed and rigorous randomized controlled or quasi-experimental research designs; ``(iii) that has demonstrated significant positive outcomes at only 1 site in terms of increasing work and earnings of participants, reducing poverty and dependence, or strengthening families; and ``(iv) under which the benefits of the positive outcomes have exceeded the costs of achieving the outcomes. ``(D) Developmental approach.--The term `developmental approach' means an approach that-- ``(i) is research-based, grounded in relevant empirically-based knowledge, and linked to program-determined outcomes; ``(ii) is evaluated using rigorous research designs; and ``(iii) has yet to demonstrate a significant positive outcome in terms of increasing work and earnings of participants in a cost-effective way.''. SEC. 3. EFFECTIVE DATE. The amendment made by this Act shall take effect on October 1, 2016.

What Works to Move Welfare Recipients into Jobs Act This bill amends part A (Temporary Assistance for Needy Families) (TANF) of title VI of the Social Security Act to revise requirements for research by the Department of Health and Human Services (HHS) on the benefits, effects, and costs of operating different state programs funded under part A and any other state program funded with qualified state expenditures. (Sec. 2) Such research shall focus on the effect of these programs as well as of healthy marriage promotion and responsible fatherhood grants on employment, self-sufficiency, child well-being, unmarried births, marriage, poverty, economic mobility, and other factors determined by HHS. A state's contribution to the cost of a state-initiated evaluation of its program, from non-federal sources, shall increase from at least 10% to at least 25% of the cost of the proposed evaluation. The Bureau of the Census shall implement or enhance household surveys of program participation to allow for assessment of the outcomes of continued welfare reform on the economic and child well-being of low-income families with children, including those who received assistance or services from a state program funded under TANF or any other state program funded with qualified state expenditures. Research and evaluation designed to determine the effects of a program or policy (other than Census Bureau research) shall use experimental designs using random assignment or other reliable, evidence-based research methodologies that allow for the strongest possible casual inferences when random assignment is not feasible. HHS shall develop a database of the projects that used a proven or a promising approach in moving welfare recipients into work, which shall be called the What Works Clearinghouse of Proven and Promising Projects to Move Welfare Recipients into Work.

What Works to Move Welfare Recipients into Jobs Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cruise Vessel Consumer Confidence Act of 2013''. SEC. 2. CRUISE VESSEL PASSENGER PROTECTIONS. (a) In General.--Subtitle VIII of title 46, United States Code, is amended by adding at the end the following: ``CHAPTER 807--CRUISE VESSEL PASSENGER PROTECTIONS ``Sec. ``80701. Unfair or deceptive practices and unfair methods of competition. ``80702. Reimbursement for delays. ``80703. Customer service plans. ``80704. Passenger complaints. ``80705. Report. ``80706. Authorization of fees. ``80707. Definitions. ``Sec. 80701. Unfair or deceptive practices and unfair methods of competition ``(a) In General.--The Federal Maritime Commission may investigate an action by an owner of a cruise vessel relating to the sale of a ticket for passenger travel on a cruise vessel to determine if such action is-- ``(1) an unfair or deceptive practice; or ``(2) an unfair method of competition. ``(b) Origination of Investigations.--The Commission may conduct an investigation under subsection (a) on the initiative of the Commission or upon receiving a complaint submitted to the Commission. ``(c) Enforcement.-- ``(1) In general.--If the Commission determines that an action is an unfair or deceptive practice or an unfair method of competition under this section, the Commission, after notice and an opportunity for a hearing-- ``(A) shall order the owner of a cruise vessel carrying out such action to cease such action; and ``(B) if such owner violates the order under subparagraph (A), may impose on such owner a civil penalty of not more than $25,000. ``(2) Continuing violations.--For purposes of paragraph (1)(B), each day of a continuing violation shall be treated as a separate violation. ``(d) Disclosure Requirements.-- ``(1) In general.--It shall be an unfair or deceptive practice for purposes of subsection (a) for any owner of a cruise vessel offering to sell a ticket for passenger travel on a cruise vessel to fail to disclose, in writing, prior to such offer-- ``(A) the name of the cruise vessel on which the travel will take place; ``(B) the casualty history of the cruise vessel, including an identification of all man overboard instances; ``(C) a list of all complaints of crimes committed on any voyage of the cruise vessel that embarked or disembarked passengers in the United States, including all incidents reported to the Federal Bureau of Investigation without regard to investigative status, which shall indicate, for each complaint-- ``(i) whether a crew member was involved; ``(ii) whether a passenger was involved; and ``(iii) whether a minor was involved; ``(D) the number of gastric illness outbreaks on the cruise vessel for which the Centers for Disease Control and Prevention required-- ``(i) reporting of an outbreak to the Centers; or ``(ii) quarantining more than 10 passengers; ``(E) the number and length of delays of the cruise vessel due to mechanical failures; ``(F) the country under the laws of which the cruise vessel is documented; ``(G) where criminal and civil investigations and proceedings will be held for incidents that occur outside of United States waters; ``(H) a statement of whether the ticket price includes all applicable taxes and fees, including taxes and fees relating to ports of call; ``(I) an estimate of all applicable taxes and fees, including taxes and fees relating to ports of call; ``(J) any other material condition of the travel determined appropriate for disclosure by the Commission; and ``(K) instructions to passengers on how to file complaints with the Commission regarding the cruise vessel and any violations of this chapter. ``(2) Internet offers.--In the case of an offer to sell tickets for passenger travel on a cruise vessel through an Internet Web site, disclosure of the information required under paragraph (1) shall be-- ``(A) provided on the first display of the Web site that follows a search of a requested itinerary; and ``(B) in a format that is easily visible to a viewer. ``(e) Electronic Tickets.--It shall be an unfair or deceptive practice for purposes of subsection (a) for any owner of a cruise vessel offering to sell a ticket for passenger travel on a cruise vessel through an Internet Web site to require that the ticket purchaser provide a printed version of that ticket for such travel if the purchaser is able to provide identification determined appropriate by the Commission at the time of such travel. ``Sec. 80702. Reimbursement for delays ``(a) In General.--The Federal Maritime Commission shall establish a process to ensure that, in any case in which the initial departure or the final disembarking of a cruise vessel for a cruise is delayed for a period of more than 24 hours, a passenger with a ticket for the vessel subject to such delay is reimbursed by an owner of the vessel in an amount that-- ``(1) if the delay is more than 24 hours but less than 48 hours, is equal to the lesser of-- ``(A) half the price of the ticket of the passenger; or ``(B) $500; or ``(2) if the delay is 48 hours or more, is equal to the price of the ticket of the passenger. ``(b) Exceptions.--The Commission shall ensure that the process under subsection (a) establishes appropriate exceptions for delays that are the result of an unforeseeable event and are not related to a mechanical failure, including-- ``(1) inclement weather; ``(2) political unrest; ``(3) piracy; or ``(4) an action necessary to preserve the safety of passengers. ``(c) Enforcement.--If the Commission determines that an owner of a cruise vessel failed to reimburse a passenger as required under this section, the Commission, after notice and an opportunity for a hearing, may impose on such person a civil penalty of not more than $25,000. ``Sec. 80703. Customer service plans ``(a) In General.--An owner of a cruise vessel shall submit to the Federal Maritime Commission a plan with respect to customer service that includes processes for-- ``(1) appropriately notifying passengers of delays and cancellations; ``(2) ensuring transparent cancellation policies; ``(3) issuing prompt ticket refunds after cancellations; ``(4) properly accommodating passengers with disabilities or special needs; ``(5) ensuring responsiveness to passenger complaints; ``(6) notifying passengers in a timely manner of changes to planned itineraries or ports of call; and ``(7) meeting the essential needs of passengers during lengthy delays, including by providing access to-- ``(A) adequate food and potable water; ``(B) adequate restroom facilities; ``(C) electrical power; ``(D) real-time updates with respect to the delay; ``(E) cabin ventilation and comfortable cabin temperatures; and ``(F) necessary medical treatment. ``(b) Ticket Contracts.-- ``(1) Incorporation.--An owner of a cruise vessel shall incorporate the plan submitted under subsection (a) into the ticket contract of that owner. ``(2) Availability on internet.--An owner of a cruise vessel shall make the ticket contract of that owner, including the plan submitted under subsection (a), available on the Web site of that owner in an easily accessible form. ``(c) Review.--The Commission shall review each plan submitted under subsection (a) to determine if such plan is complete and may require modifications of that plan for completeness as the Commission determines necessary. ``(d) Timing.-- ``(1) Initial submission of plans.--An owner of a cruise vessel shall submit a plan under subsection (a) with respect to the vessel-- ``(A) if the vessel is owned or operated by the owner on the date of enactment of this section, not later than 120 days after such date of enactment; and ``(B) if ownership or operation of the vessel is acquired by the owner after the date of enactment of this section, not later than 120 days after the date of such acquisition. ``(2) Review of plans.--The Commission shall determine the completeness of each plan submitted to the Commission under subsection (a) not later than 120 days after receiving such plan. ``(e) Updates.--The Commission may periodically review plans submitted under subsection (a) for completeness and require updates of such plans as the Commission determines necessary. ``(f) Guidance.--Not later than 90 days after the date of enactment of this section, the Commission shall issue guidance with respect to the plans required under this section, which shall include information regarding-- ``(1) plan elements and the requirements for each of those elements; and ``(2) filing of the plans, including contact information. ``(g) Enforcement.-- ``(1) In general.--The Commission may impose, after notice and an opportunity for a hearing, on any owner of a cruise vessel who violates this section and any owner of a cruise vessel determined to be operating in violation of a plan submitted under this section, a civil penalty of not more than $25,000. ``(2) Continuing violations.--For purposes of paragraph (1), each day of a continuing violation shall be treated as a separate violation. ``Sec. 80704. Passenger complaints ``(a) In General.--The Federal Maritime Commission shall establish a process for cruise vessel passengers to report to the Commission complaints relating to subjects addressed under this chapter, which shall include a telephone number, an email address, and other appropriate electronic means for complaint submission. ``(b) Notice.--The Commission shall notify the public and require cruise vessel owners to notify passengers of the process established under subsection (a). ``Sec. 80705. Report ``Not later than 3 years after the date of enactment of this section, and every 3 years thereafter, the Federal Maritime Commission shall submit to Congress a report on the implementation of this chapter by the Commission, including any penalties imposed under this chapter. ``Sec. 80706. Authorization of fees ``(a) In General.--The Federal Maritime Commission may establish, adjust, and collect fees in cruise vessel ticket prices to fund the implementation of this chapter. ``(b) Relationship to Costs.--The Federal Maritime Commission shall ensure that fees under subsection (a) are reasonably related to the costs incurred by the Commission in implementing this chapter. ``(c) Limitations on Judicial Review.--The following shall not be subject to judicial review: ``(1) The establishment or adjustment of a fee by the Commission under this section. ``(2) The validity of a determination by the Commission for purposes of this section of the costs to implement this chapter and the processes and procedures applied by the Commission in reaching such determination. ``(3) The allocation of costs by the Commission to services it provides pursuant to this chapter and the processes and procedures applied by the Commission in establishing such allocation. ``(d) Costs Defined.--In this section, the term `costs' includes operation and maintenance costs, leasing costs, and overhead expenses associated with services provided by the Federal Maritime Commission under this chapter and the facilities and equipment used in providing such services. ``Sec. 80707. Definitions ``In this chapter, the following definitions apply: ``(1) Cruise vessel.--The term `cruise vessel' means a passenger vessel (as defined in section 2101(22)) that-- ``(A) is authorized to carry at least 250 passengers; ``(B) has onboard sleeping facilities for each passenger; and ``(C) is used for voyages that embark or disembark passengers in the United States. ``(2) Mechanical failure.--The term `mechanical failure' means, with respect to a cruise vessel, the failure of any machine or mechanical system of that vessel to function within the parameters that the manufacturer or engineer of that machine or system has specified is normal. ``(3) Owner.--The term `owner' means, with respect to a cruise vessel, the owner, charterer, managing operator, master, or other individual in charge of the vessel.''. (b) Clerical Amendment.--The analysis for subtitle VIII of title 46, United States Code, is amended by adding after the item relating to chapter 805 the following: ``807. Cruise Vessel Passenger Protections......... 80701''. (c) Rule of Construction.--Nothing in this section, including any amendment made in this section, may be construed to eliminate or replace authority provided to a department or agency under other Federal or State law.

Cruise Vessel Consumer Confidence Act of 2013 - Amends federal shipping law to authorize the Federal Maritime Commission (FMC) to investigate, on its own initiative or upon receiving a complaint, whether the sale of a ticket to a cruise vessel passenger by a cruise vessel owner is: (1) an unfair or deceptive practice, or (2) an unfair method of competition. Requires the FMC, in cases of an affirmative determination, to order the owner to cease such sales. Authorizes the FMC to impose a civil penalty of up to $25,000 for owners who violate such orders. Makes it an unfair or deceptive practice for an owner that fails to make certain written disclosures before offering to sell a ticket to a passenger. Makes it an unfair or deceptive practice for an owner offering to sell a ticket to a passenger via the Internet (electronic ticket) to require that the ticket purchaser provide a printed version of that ticket if the purchaser is able to provide appropriate identification at the time of travel. Directs the FMC to establish a process to ensure that a passenger with a ticket for a vessel whose initial departure or final disembarkment is delayed for more than 24 hours is reimbursed by the owner in an amount that is equal to: (1) the lesser of half the ticket price or $500, if the delay is between 24 and 48 hours; or (2) the full price of the ticket, if the delay is 48 hours or more. Requires a cruise vessel owner to: (1) submit a customer service plan to the FMC, (2) incorporate it into the ticket contract of that owner, and (3) make both of them easily available on the owner's website. Directs the FMC to establish a process for passengers to report complaints to the FMC. Authorizes the FMC to establish, adjust, and collect fees in ticket prices to fund implementation of this Act.

Cruise Vessel Consumer Confidence Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Silver Alert Grant Program Act of 2008''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) create a grant program to encourage the establishment and improvement of State-administered notification systems to help find missing seniors and other individuals with Alzheimer's disease and other dementia-related illnesses before the missing seniors and other individuals harm themselves or others; (2) promote best practices, based on the experiences of existing Silver Alert systems, to guide the establishment of new Silver Alert systems and the improvement of existing Silver Alert systems; and (3) increase awareness about the need for coordinated efforts between families, caregivers, local communities, and law enforcement authorities to help locate missing individuals as quickly as possible to increase the chances of safely reuniting the individuals with their families. SEC. 3. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds as follows: (1) According to the National Institute on Aging at the National Institutes of Health, as many as 5,000,000 people in the United States may suffer from Alzheimer's disease. (2) The National Institute on Aging reports that, although Alzheimer's disease usually impacts people age 60 and older, younger people can also be affected, and the risk of developing Alzheimer's disease increases with age. (3) An analysis of data on Alzheimer's disease in the United States shows that 1 in 8 people over the age of 65 have Alzheimer's disease, and that every 71 seconds another individual in the United States develops the disease. (4) The aging of the members of the baby boomer generation will increase the number of people suffering from Alzheimer's disease and other dementia-related illnesses in the coming years. (5) The Alzheimer's Association estimates that more than 60 percent of people suffering from Alzheimer's disease will wander away from their homes or care-giving facilities during their lifetimes. (6) Alzheimer's disease and other dementia-related illnesses leave their victims confused, disoriented, and often unable return to their to homes, families, or care-giving facilities. (7) States such as Colorado, Illinois, Michigan, North Carolina, and Texas have established State-administered notification systems, modeled after the highly successful Amber Alert system, to help disseminate relevant information about missing seniors and those with other dementia-related illnesses to law enforcement and other appropriate authorities in an expeditious manner. The experiences of these States have shown that the timely notification and dissemination of appropriate information about missing individuals greatly increases the chances of that the individuals will be located. (8) Other States have explored the development of such systems but have faced difficulty creating and implementing such systems due to budget constraints. (b) Sense of Congress.--It is the sense of Congress that-- (1) Silver Alert systems-- (A) should include definitive criteria for issuing Silver Alerts to ensure that the impact of such Alerts is not lessened by overly frequent notifications; (B) should not permit a determination of whether to issue a Silver Alert to be based solely on the age of the missing individual; (C) should only be used to issue Silver Alerts with respect to individuals who are incapable of making personal care decisions or managing their own personal affairs; (D) should only be initiated by a person-- (i) who has had recent contact with the missing individual with respect to whom a Silver Alert may be issued; and (ii) who is a legal guardian, a close family member, a resident of the same household, or a caregiver of the missing individual; (E) should protect the privacy, dignity, independence, and autonomy of the individuals with respect to whom Silver Alerts are issued; (F) should encourage the training of law enforcement officers and other first responders about the most appropriate methods of locating missing individuals with Alzheimer's disease and other dementia-related illnesses, determining whether an individual suffers from a dementia-related illness, and the most effective way to communicate with such an individual; and (G) should encourage coordination between appropriate State officials administering such systems and local entities administering programs under the Missing Alzheimer's Disease Patient Alert Program; and (2) the Federal Government can play an important role in preventing injuries and loss of life among those with Alzheimer's disease and other dementia-related illnesses by helping States defray the costs of establishing, implementing, and improving Silver Alert systems. SEC. 4. SILVER ALERT SYSTEM GRANT PROGRAM. (a) Grant Program Authorized.--The Attorney General is authorized to award grants to States to-- (1) establish and implement a Silver Alert system; or (2) make improvements to an existing Silver Alert system. (b) Grant Period; Minimum Award.-- (1) Grant period.--Each grant under this section shall be awarded for a one-year period, and may be renewed for additional one-year periods as the Attorney General determines to be appropriate. (2) Minimum award.--Each grant awarded to a State under this section shall be for an amount that is not less than $100,000. (c) Regulations.--Not later than one year after the date of the enactment of this Act, the Attorney General shall prescribe such regulations as may be necessary to carry out this section, including-- (1) eligibility and application criteria for States desiring to receive a grant under this section; and (2) selection criteria to be used by the Attorney General to select the States that will receive a grant under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,600,000 for each of the fiscal years 2009 through 2013. SEC. 5. ANNUAL REPORT ON SILVER ALERT SYSTEMS. Not later than one year after the date of enactment of this Act, and annually thereafter, the Attorney General shall prepare and make available to the House of Representatives and the Senate a report related to Silver Alert systems, which shall include-- (1) a list of States that have established Silver Alert systems; (2) for each State that has established such a system-- (A) the number of Silver Alerts issued; (B) the number of individuals located successfully; (C) the average period of time between the issuance of a Silver Alert and the location of the individual for whom such Alert was issued; (D) the State agency or authority issuing Silver Alerts, and the process by which Silver Alerts are disseminated; (E) the cost of establishing and operating such a system; (F) the criteria used by the State to determine whether to issue a Silver Alert; and (G) the extent to which missing individuals for whom Silver Alerts were issued crossed State lines; (3) actions States have taken to protect the privacy and dignity of the individuals for whom Silver Alerts are issued; (4) ways that States have facilitated and improved communication about missing individuals between families, caregivers, law enforcement officials, and other authorities; and (5) any other information the Attorney General determines to be appropriate. SEC. 6. DEFINITIONS. For the purposes of this Act: (1) Silver alert system.--The term ``Silver Alert system'' means a State-administered notification system to help locate missing individuals with Alzheimer's disease and other dementia-related illnesses. (2) State.--The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Silver Alert Grant Program Act of 2008 - Authorizes the Attorney General to award grants to states to implement or improve a Silver Alert system. Defines "Silver Alert system" to mean a state-administered notification system to help locate missing individuals with Alzheimer's disease and other dementia-related illnesses. Requires the Attorney General to report to Congress on Silver Alert systems, including: (1) a list of states that have established such systems; (2) information on each state's system; (3) actions states have taken to protect the privacy and dignity of the individuals for whom Silver Alerts are issued; and (4) ways that states have facilitated and improved communication about missing individuals between families, caregivers, law enforcement officials, and other authorities.

To authorize a grant program to help establish and improve State-administered notification systems to help locate missing individuals with Alzheimer's disease and other dementia-related illnesses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Screening and Prevention Act''. SEC. 2. MEDICARE COVERAGE OF COLORECTAL SCREENING. (a) In General.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by inserting after subsection (c) the following new subsection: ``(d) Frequency and Payment Limits for Screening Fecal-Occult Blood Tests, Screening Flexible Sigmoidoscopies, and Screening Colonoscopy.-- ``(1) Screening fecal-occult blood tests.-- ``(A) Payment limit.--In establishing fee schedules under section 1833(h) with respect to screening fecal- occult blood tests provided for the purpose of early detection of colon cancer, except as provided by the Secretary under paragraph (3)(A), the payment amount established for tests performed-- ``(i) in 1996 shall not exceed $5; and ``(ii) in a subsequent year, shall not exceed the limit on the payment amount established under this subsection for such tests for the preceding year, adjusted by the applicable adjustment under section 1833(h) for tests performed in such year. ``(B) Frequency limit.--Subject to revision by the Secretary under paragraph (3)(B), no payment may be made under this part for a screening fecal-occult blood test provided to an individual for the purpose of early detection of colon cancer-- ``(i) if the individual is under 50 years of age; or ``(ii) if the test is performed within the 11 months after a previous screening fecal- occult blood test. ``(2) Screening flexible sigmoid- oscopies.-- ``(A) Payment amount.--The Secretary shall establish a payment amount under section 1848 with respect to screening flexible sigmoidoscopies provided for the purpose of early detection of colon cancer that is consistent with payment amounts under such section for similar or related services, except that such payment amount shall be established without regard to subsection (a)(2)(A) of such section. ``(B) Frequency limit.--Subject to revision by the Secretary under paragraph (4)(B), no payment may be made under this part for a screening flexible sigmoidoscopy provided to an individual for the purpose of early detection of colon cancer-- ``(i) if the individual is under 50 years of age; or ``(ii) if the procedure is performed within the 47 months after a previous screening flexible sigmoidoscopy. ``(3) Screening colonoscopy for individuals at high risk for colorectal cancer.-- ``(A) Payment amount.--The Secretary shall establish a payment amount under section 1848 with respect to screening colonoscopy for individuals at high risk for colorectal cancer (as defined in subparagraph (C)) provided for the purpose of early detection of colon cancer that is consistent with payment amounts under such section for similar or related services, except that such payment amount shall be established without regard to subsection (a)(2)(A) of such section. ``(B) Frequency limit.--Subject to revision by the Secretary under paragraph (4)(B), no payment may be made under this part for a screening colonoscopy for individuals at high risk for colorectal cancer provided to an individual for the purpose of early detection of colon cancer if the procedure is performed within the 23 months after a previous screening colonoscopy. ``(C) Individual at high risk defined.--In this subsection, an `individual at high risk for colorectal cancer' is an individual who, because of family history, prior experience of cancer or precursor neoplastic polyps, a history of chronic digestive disease condition (including inflammatory bowel disease, Crohn's Disease, or ulcerative colitis), the presence of any appropriate recognized gene markers for colorectal cancer, or other predisposing factors, faces a high risk for colorectal cancer. ``(4) Reductions in payment limit and revision of frequency.-- ``(A) Reductions in payment limit.--The Secretary shall review from time to time the appropriateness of the amount of the payment limit established for screening fecal-occult blood tests under paragraph (1)(A). The Secretary may, with respect to tests performed in a year after 1998, reduce the amount of such limit as it applies nationally or in any area to the amount that the Secretary estimates is required to assure that such tests of an appropriate quality are readily and conveniently available during the year. ``(B) Revision of frequency.-- ``(i) Review.--The Secretary shall review periodically the appropriate frequency for performing screening fecal-occult blood tests, screening flexible sigmoidoscopies, and screening colonoscopy based on age and such other factors as the Secretary believes to be pertinent. ``(ii) Revision of frequency.--The Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which such tests and procedures may be paid for under this subsection, but no such revision shall apply to tests or procedures performed before January 1, 1999. ``(5) Limiting charges of nonparticipating physicians.-- ``(A) In general.--In the case of a screening flexible sigmoidoscopy provided to an individual for the purpose of early detection of colon cancer or a screening colonoscopy provided to an individual at high risk for colorectal cancer for the purpose of early detection of colon cancer for which payment may be made under this part, if a nonparticipating physician provides the procedure to an individual enrolled under this part, the physician may not charge the individual more than the limiting charge (as defined in section 1848(g)(2)). ``(B) Enforcement.--If a physician or supplier knowing and willfully imposes a charge in violation of subparagraph (A), the Secretary may apply sanctions against such physician or supplier in accordance with section 1842(j)(2).''. (b) Conforming Amendments.--(1) Paragraphs (1)(D) and (2)(D) of section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by striking ``subsection (h)(1),'' and inserting ``subsection (h)(1) or section 1834(d)(1),''. (2) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is amended by striking ``The Secretary'' and inserting ``Subject to paragraphs (1) and (3)(A) of section 1834(d), the Secretary''. (3) Clauses (i) and (ii) of section 1848(a)(2)(A) of such Act (42 U.S.C. 1395w-4(a)(2)(A)) are each amended by striking ``a service'' and inserting ``a service (other than a screening flexible sigmoidoscopy provided to an individual for the purpose of early detection of colon cancer or a screening colonoscopy provided to an individual at high risk for colorectal cancer for the purpose of early detection of colon cancer)''. (4) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end, (ii) in subparagraph (F), by striking the semicolon at the end and inserting ``, and'', and (iii) by adding at the end the following new subparagraph: ``(G) in the case of screening fecal-occult blood tests, screening flexible sigmoidoscopies, and screening colonoscopy provided for the purpose of early detection of colon cancer, which are performed more frequently than is covered under section 1834(d);''; and (B) in paragraph (7), by striking ``paragraph (1)(B) or under paragraph (1)(F)'' and inserting ``subparagraphs (B), (F), or (G) of paragraph (1)''. SEC. 3. EFFECTIVE DATE. The amendments made by section 2 shall apply to screening fecal- occult blood tests, screening flexible sigmoidoscopies, and screening colonoscopy performed on or after January 1, 1996.

Cancer Screening and Prevention Act - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of various specified colon and colorectal screening tests and corresponding payment and frequency limits.

Cancer Screening and Prevention Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Graduate Medical Education Reform Act of 2010''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Medicare indirect medical education performance adjustment and primary care training bonus. Sec. 3. Payments for graduate medical education to hospitals not otherwise eligible for payments under the Medicare program. Sec. 4. Increasing graduate medical education transparency. Sec. 5. Establishment of trust fund. Sec. 6. Partial financing for trust fund from fees on insured and self- insured health plans. SEC. 2. MEDICARE INDIRECT MEDICAL EDUCATION PERFORMANCE ADJUSTMENT AND PRIMARY CARE TRAINING BONUS. Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)) is amended-- (1) by redesignating the clause (x) as added by section 5505(b) of the Patient Protection and Affordable Care Act as clause (xi); and (2) by adding at the end the following new clauses: ``(xii) Adjustment for performance.-- ``(I) In general.--The Secretary shall establish and implement procedures under which the amount of payments that a hospital would otherwise receive for indirect medical education costs under this subparagraph for discharges occurring during an applicable period is adjusted based on the performance of the hospital on measures of health care work force priorities specified by the Secretary. ``(II) Measures.--The measures of health care workforce priorities specified by the Secretary under this clause shall include the extent of training provided in-- ``(aa) primary care (as defined in subclause (VII)), excluding fellowships; ``(bb) a variety of settings and systems; ``(cc) the coordination of patient care across settings; ``(dd) the relevant cost and value of various diagnostic and treatment options; ``(ee) interprofessional and multidisciplinary care teams; ``(ff) methods for identifying system errors and implementing system solutions; and ``(gg) the use of health information technology. ``(III) Measure development procedures.-- ``(aa) In general.--The measures of health care workforce priorities specified by the Secretary under this clause shall be measures that have been adopted or endorsed by a consensus organization (such as the Accreditation Council for Graduate Medical Education or the Commission on Osteopathic College Accreditation), that include measures that have been submitted by teaching hospitals and medical schools, and that the Secretary identifies as having used a consensus-based process for developing such measures. ``(bb) Proposed set of measures.--Not later than January 1, 2013, the Secretary shall publish in the Federal Register a proposed set of measures for use under this clause. The Secretary shall provide for a period of public comment on such measures. ``(cc) Final set of measures.--Not later than June 30, 2013, the Secretary shall publish in the Federal Register the set of measures to be specified by the Secretary for use under this clause. ``(IV) Adjustment.--Subject to subclause (V), the Secretary shall determine the amount of any adjustment under this clause to payments to a hospital under this subparagraph in an applicable period. Such adjustment may not exceed an amount equal to 3 percent of the total amount that the hospital would otherwise receive under this subparagraph in such period. ``(V) Budget neutral.--In making adjustments under this clause, the Secretary shall ensure that the total amount of payments made to all hospitals under this subparagraph for an applicable period is equal to the total amount of payments that would have been made to such hospitals under this subparagraph in such period if this clause and clause (xii)(III) had not been enacted. ``(VI) Primary care defined.--In this clause, the term `primary care' means family medicine, general internal medicine, general pediatrics, preventive medicine, obstetrics and gynecology, and psychiatry. ``(VII) Applicable period defined.--In this clause, the term `applicable period' means the 12-month period beginning on July 1 of each year (beginning with 2013). ``(xiii) Bonus payment for training in primary care.-- ``(I) In general.--Subject to subclause (III), in the case of discharges occurring during an applicable period, in addition to the amount of payments that a hospital receives for indirect medical education costs under this subparagraph for such discharges (determined after any adjustment under clause (xii)), there shall also be paid to the hospital an amount equal to 1 percent of such payments if, during such applicable period, at least 33 percent of full-time equivalent residents (excluding fellowships) enrolled in the hospital's medical residency training programs were enrolled in medical residency training programs in primary care (as defined in clause (xii)(VI)). ``(II) Payments from medical education trust fund.--Payments to hospitals under subclause (I) shall be made from the Medical Education Trust Fund under section 9512 of the Internal Revenue Code of 1986. ``(III) Limitation.--The total of the payments made to eligible hospitals under subclause (I) with respect to an applicable period shall not exceed an amount equal to the funds appropriated to such Trust Fund under subsection (b)(1) of such section 9512 for the fiscal year ending on September 30 of such applicable period.''. SEC. 3. PAYMENTS FOR GRADUATE MEDICAL EDUCATION TO HOSPITALS NOT OTHERWISE ELIGIBLE FOR PAYMENTS UNDER THE MEDICARE PROGRAM. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``graduate medical education payments for hospitals not otherwise eligible ``Sec. 1899B. (a) Program.-- ``(1) In general.--The Secretary shall establish a program under which payments are made to eligible hospitals for each applicable period for direct expenses and indirect expenses associated with operating approved graduate medical residency training programs. ``(2) Requirements.--Under the program under paragraph (1), the provisions of section 340E of the Public Health Service Act shall apply to payments to eligible hospitals in a similar manner as such provisions apply to payments to children's hospitals under such section 340E, except that-- ``(A) payments to eligible hospitals under the program shall be made from the Medical Education Trust Fund under section 9512 of the Internal Revenue Code of 1986; and ``(B) the total of the payments made to eligible hospitals under the program in an applicable period shall not exceed an amount equal to-- ``(i) the funds appropriated to such Trust Fund under subsection (b)(1) of such section 9512 for the fiscal year ending on September 30 of such applicable period; minus ``(ii) the total amount of payments made to hospitals under section 1886(d)(5)(B)(xiii) in applicable period. ``(b) Eligible Hospital Defined.--In this section, the term `eligible hospital' means the following hospitals: ``(1) A children's hospital (as defined in section 340E(g)(2) of the Public Health Service Act). ``(2) A freestanding psychiatric hospital that has-- ``(A) 90 percent or more inpatients under the age of 18; ``(B) its own Medicare provider number as of December 6, 1999; and ``(C) an accredited residency program. ``(3) A hospital-- ``(A) that annually has at least 3,000 births; ``(B) for which less than 4 percent of the total annual discharges from the hospital are Medicare discharges of individuals who, as of the time of the discharge-- ``(i) were entitled to, or enrolled for, benefits under part A; and ``(ii) were not enrolled in-- ``(I) a Medicare Advantage plan under part C; ``(II) an eligible organization under section 1876; or ``(III) a PACE program under section 1894; ``(C) that has its own Medicare provider number; and ``(D) that has an accredited residency program. ``(c) Applicable Period Defined.--In this section, the term `applicable period' has the meaning given that term in section 1886(d)(5)(B)(xii)(VII). ``(d) Regulations.--The Secretary shall promulgate regulations to carry out this section.''. SEC. 4. INCREASING GRADUATE MEDICAL EDUCATION TRANSPARENCY. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress and the National Health Care Workforce Commission under section 5101 of the Patient Protection and Affordable Care Act a report on the graduate medical education payments that hospitals receive under the Medicare program. The report shall include the following information with respect to each hospital that receives such payments: (1) The direct graduate medical education payments made to the hospital under section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)). (2) The indirect medical education payments made to the hospital under section 1886(d)(5)(B) of such Act (42 U.S.C. 1395ww(d)(1)(B)). (3) The number of residents counted for purposes of making the payments described in paragraph (1). (4) The number of residents counted for purposes of making the payments described in paragraph (2). (5) The number of residents, if any, that are not counted for purposes of making payments described in paragraph (1). (6) The number of residents, if any, that are not counted for purposes of making payments described in paragraph (2). (7) The percent that the payments described in paragraphs (1) and (2) that are made to the hospital make up of the total costs that the hospital incurs in providing graduate medical education, including salaries, benefits, operational expenses, and all other patient care costs. SEC. 5. ESTABLISHMENT OF TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9512. MEDICAL EDUCATION 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 `Medical Education Trust Fund' (hereafter in this section referred to as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section and section 9602(b). ``(b) Transfers to Fund.-- ``(1) Appropriations.--There are hereby appropriated to the Trust Fund in each fiscal year (beginning with fiscal year 2013) the sum of an amount equivalent to one-half (or, in the case of fiscal year 2013, two-thirds) of the net revenues received in the Treasury from the fees imposed under subchapter B of chapter 34 (relating to fees on health insurance and self- insured plans). ``(2) Limitation on transfers.--No amount may be appropriated or transferred to the Trust Fund on and after the date of any expenditure from the Trust Fund which is not an expenditure permitted under this section. The determination of whether an expenditure is so permitted shall be made without regard to-- ``(A) any provision of law which is not contained or referenced in this chapter or in a revenue Act; and ``(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph. ``(c) Trustee.--The Secretary of Health and Human Services shall be a trustee of the Trust Fund. ``(d) Expenditures From Trust Fund.--Amounts in the Trust Fund are available, without further appropriation, to the Secretary of Health and Human Services for making payments under sections 1886(d)(5)(B)(xiii) and 1899B of the Social Security Act. ``(e) Net Revenues.--For purposes of this section, the term `net revenues' means the amount estimated by the Secretary of the Treasury based on the excess of-- ``(1) the fees received in the Treasury under subchapter B of chapter 34, over ``(2) the decrease in the tax imposed by chapter 1 resulting from the fees imposed by such subchapter.''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 9512. Medical Education Trust Fund.''. SEC. 6. PARTIAL FINANCING FOR TRUST FUND FROM FEES ON INSURED AND SELF- INSURED HEALTH PLANS. (a) Imposition of Fee.--Section 4375(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$2'' and inserting ``$4''; and (2) by striking ``$1'' and inserting ``$3''. (b) Conforming Amendment to the Patient-Centered Outcomes Research Trust Fund.--Section 9511(b)(1)(E) of the Internal Revenue Code of 1986 is amended by inserting ``one-half (or, in the case of fiscal year 2013, one-third) of'' after ``equivalent to''.

Graduate Medical Education Reform Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish and implement procedures under which the amount of payments that a hospital would otherwise receive for indirect medical education (IME) costs for discharges occurring during an applicable period is adjusted based on the performance of the hospital on specified measures of health care work force priorities. Requires bonus payments to a hospital if at least 33% of its full-time equivalent residents were enrolled in medical residency programs in primary care during the applicable period. Directs the Secretary to establish a program of payments to eligible hospitals for direct and indirect expenses associated with operating graduate medical residency training programs. Directs the Secretary to report to Congress and the National Health Care Workforce Commission on the graduate medical education (GME) payments that hospitals receive under the Medicare program. Establishes in the Treasury the Medical Education Trust Fund. Amends the Internal Revenue Code to increase the fees on insured and self-insured health plans to provide partial financing for the Trust Fund.

A bill to establish a medical education trust fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Program Integrity Act of 2013''. SEC. 2. PAYMENT LIMITATIONS. (a) In General.--Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended-- (1) in subsection (a), by striking paragraph (3) and inserting the following: ``(3) Legal entity.-- ``(A) In general.--The term `legal entity' means-- ``(i) an organization that (subject to the requirements of this section and section 1001A) is eligible to receive a payment under a provision of law referred to in subsection (b), (c), or (d); ``(ii) a corporation, joint stock company, association, limited partnership, limited liability company, limited liability partnership, charitable organization, estate, irrevocable trust, grantor of a revocable trust, or other similar entity (as determined by the Secretary); and ``(iii) an organization that is participating in a farming operation as a partner in a general partnership or as a participant in a joint venture. ``(B) Exclusion.--The term `legal entity' does not include a general partnership or joint venture.''; (2) by striking subsections (b) through (d) and inserting the following: ``(b) Limitation on Payments for Covered Commodities and Peanuts.-- The total amount of payments received, directly or indirectly, by a person or legal entity for any crop year for 1 or more covered commodities and peanuts under title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.) (or a successor provision) may not exceed $125,000, of which-- ``(1) not more than $75,000 may consist of marketing loan gains and loan deficiency payments under subtitle B or C of title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8731 et seq.) (or a successor provision); and ``(2) not more than $50,000 may consist of any other payments made for covered commodities and peanuts under title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.) (or a successor provision). ``(c) Spousal Equity.-- ``(1) In general.--Notwithstanding subsection (b), except as provided in paragraph (2), if a person and the spouse of the person are covered by paragraph (2) and receive, directly or indirectly, any payment or gain covered by this section, the total amount of payments or gains (as applicable) covered by this section that the person and spouse may jointly receive during any crop year may not exceed an amount equal to twice the applicable dollar amounts specified in subsection (b). ``(2) Exceptions.-- ``(A) Separate farming operations.--In the case of a married couple in which each spouse, before the marriage, was separately engaged in an unrelated farming operation, each spouse shall be treated as a separate person with respect to a farming operation brought into the marriage by a spouse, subject to the condition that the farming operation shall remain a separate farming operation, as determined by the Secretary. ``(B) Election to receive separate payments.--A married couple may elect to receive payments separately in the name of each spouse if the total amount of payments and benefits described in subsection (b) that the married couple receives, directly or indirectly, does not exceed an amount equal to twice the applicable dollar amounts specified in those subsections.''; (3) in paragraph (3)(B) of subsection (f), by adding at the end the following: ``(iii) Irrevocable trusts.--In promulgating regulations to define the term `legal entity' as the term applies to irrevocable trusts, the Secretary shall ensure that irrevocable trusts are legitimate entities that have not been created for the purpose of avoiding a payment limitation.''; and (4) in subsection (h), in the second sentence, by striking ``or other entity'' and inserting ``or legal entity''. (b) Conforming Amendments.-- (1) Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended-- (A) in subsection (e), by striking ``subsections (b) and (c)'' each place it appears in paragraphs (1) and (3)(B) and inserting ``subsection (b)''; (B) in subsection (f)-- (i) in paragraph (2), by striking ``Subsections (b) and (c)'' and inserting ``Subsection (b)''; (ii) in paragraph (4)(B), by striking ``subsection (b) or (c)'' and inserting ``subsection (b)''; (iii) in paragraph (5)-- (I) in subparagraph (A), by striking ``subsection (d)''; and (II) in subparagraph (B), by striking ``subsection (b), (c), or (d)'' and inserting ``subsection (b)''; and (iv) in paragraph (6)-- (I) in subparagraph (A), by striking ``Notwithstanding subsection (d), except as provided in subsection (g)'' and inserting ``Except as provided in subsection (f)''; and (II) in subparagraph (B), by striking ``subsections (b), (c), and (d)'' and inserting ``subsection (b)''; (C) in subsection (g)-- (i) in paragraph (1)-- (I) by striking ``subsection (f)(6)(A)'' and inserting ``subsection (e)(6)(A)''; and (II) by striking ``subsection (b) or (c)'' and inserting ``subsection (b)''; and (ii) in paragraph (2)(A), by striking ``subsections (b) and (c)'' and inserting ``subsection (b)''; and (D) by redesignating subsections (e) through (h) as subsections (d) through (g), respectively. (2) Section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1) is amended-- (A) in subsection (a), by striking ``subsections (b) and (c) of section 1001'' and inserting ``section 1001(b)''; and (B) in subsection (b)(1), by striking ``subsection (b) or (c) of section 1001'' and inserting ``section 1001(b)''. (3) Section 1001B(a) of the Food Security Act of 1985 (7 U.S.C. 1308-2(a)) is amended in the matter preceding paragraph (1) by striking ``subsections (b) and (c) of section 1001'' and inserting ``section 1001(b)''. (c) Application.--The amendments made by this section shall apply beginning with the 2014 crop year. SEC. 3. PAYMENTS LIMITED TO ACTIVE FARMERS. Section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1) is amended-- (1) in subsection (b)(2)-- (A) by striking ``or active personal management'' each place it appears in subparagraphs (A)(i)(II) and (B)(ii); and (B) in subparagraph (C), by striking ``, as applied to the legal entity, are met by the legal entity, the partners or members making a significant contribution of personal labor or active personal management'' and inserting ``are met by partners or members making a significant contribution of personal labor, those partners or members''; and (2) in subsection (c)-- (A) in paragraph (1)-- (i) by striking subparagraph (A) and inserting the following: ``(A) the landowner share-rents the land at a rate that is usual and customary;''; (ii) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(C) the share of the payments received by the landowner is commensurate with the share of the crop or income received as rent.''; (B) in paragraph (2)(A), by striking ``active personal management or''; (C) in paragraph (5)-- (i) by striking ``(5)'' and all that follows through ``(A) In general.--A person'' and inserting the following: ``(5) Custom farming services.--A person''; (ii) by inserting ``under usual and customary terms'' after ``services''; and (iii) by striking subparagraph (B); and (D) by adding at the end the following: ``(7) Farm managers.--A person who otherwise meets the requirements of this subsection other than (b)(2)(A)(i)(II) shall be considered to be actively engaged in farming, as determined by the Secretary, with respect to the farming operation, including a farming operation that is a sole proprietorship, a legal entity such as a joint venture or general partnership, or a legal entity such as a corporation or limited partnership, if the person-- ``(A) makes a significant contribution of management to the farming operation necessary for the farming operation, taking into account-- ``(i) the size and complexity of the farming operation; and ``(ii) the management requirements normally and customarily required by similar farming operations; ``(B)(i) is the only person in the farming operation qualifying as actively engaged in farming by using the farm manager special class designation under this paragraph; and ``(ii) together with any other persons in the farming operation qualifying as actively engaged in farming under subsection (b)(2) or as part of a special class under this subsection, does not collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b); ``(C) does not use the management contribution under this paragraph to qualify as actively engaged in more than 1 farming operation; and ``(D) manages a farm operation that does not substantially share equipment, labor, or management with persons or legal entities that with the person collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b).''.

Farm Program Integrity Act of 2013 - Amends the Food Security Act of 1985 to establish a per farm cap of $50,000 on commodity program benefits and $75,000 on marketing loan program benefits ($125,000 total). Increases such limit to $250,000 for married couples. Limits benefits eligibility to active producers. Establishes criteria for determining whether a person acting as a farm manager is actively engaged in farming for such purposes. (Permits only one such eligibility per farm operation.)

Farm Program Integrity Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Financial Institution Reform and Authorization Act of 1997''. SEC. 2. INTERNATIONAL DEVELOPMENT ASSOCIATION. The International Development Association Act (22 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 22. ELEVENTH REPLENISHMENT. ``(a) In General.--The United States Governor is hereby authorized to agree on behalf of the United States to pay to the Association $1,600,000,000 for the eleventh replenishment of the resources of the Association, subject to obtaining the necessary appropriations. ``(b) Limitations on Authorization of Appropriations.--In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $1,600,000,000 for payment by the Secretary of the Treasury.''. SEC. 3. ASIAN DEVELOPMENT BANK. The Asian Development Bank Act (22 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS; AUTHORIZATION OF APPROPRIATIONS. ``(a) The United States Governor of the Bank is authorized to contribute on behalf of the United States $400,000,000 to the Asian Development Fund, a special fund of the Bank; except that any commitment to make such contributions shall be made subject to obtaining the necessary appropriations. ``(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $400,000,000 for payment by the Secretary of the Treasury.''. SEC. 4. EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. The European Bank for Reconstruction and Development Act, section 562(c) of Public Law 101-513 (22 U.S.C. 209l et seq.), is amended by adding at the end the following: ``(12) Participation in a general capital increase.-- ``(A) Participation in a capital increase.--The United States participation in a general capital increase of the Bank under Chapter II, Article 4(3) of the Agreement, is hereby authorized. ``(B) Increase in the united states capital subscription.--The United States Governor of the Bank is authorized to subscribe on behalf of the United States to 100,000 additional shares of the capital stock of the Bank as part of a general capital increase, subject to obtaining the necessary appropriations. ``(C) Limitation on authorization of appropriations.--To pay for the increase in the United States capital subscription as provided in subparagraph (B), there are hereby authorized to be appropriated, without fiscal year limitation, $1,270,100,000 for payment by the Secretary of the Treasury.''. SEC. 5. INTER-AMERICAN DEVELOPMENT BANK. The Inter-American Development Bank Act (22 U.S.C. 283 et seq.) is amended by adding at the end the following: ``SEC. 39. CAPITAL INCREASE; SUBSCRIPTION AND CONTRIBUTION AUTHORITY. ``For payment by the Secretary of the Treasury for the United States capital subscription as part of the eighth general increase in the authorized capital stock of the Bank, there are authorized to be appropriated, without fiscal year limitation-- ``(1) $76,832,001, for payment for paid-in shares of the Bank; and ``(2) $4,511,156,729, for payment for callable shares of the Bank.''. SEC. 6. INTEREST SUBSIDY ACCOUNT OF THE SUCCESSOR TO THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL MONETARY FUND. The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by adding at the end the following: ``SEC. 61. CONTRIBUTION TO THE INTEREST SUBSIDY ACCOUNT OF THE SUCCESSOR TO THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL MONETARY FUND. ``(a) Contribution Authorized.-- ``(1) In general.--Subject to paragraph (2), the United States Governor of the Fund may contribute $75,000,000 to the Interest Subsidy Account of the successor to the Enhanced Structural Adjustment Facility of the Fund on behalf of the United States. ``(2) Condition.--The contribution authorized in paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitation on Authorization of Appropriations.--To pay for the contribution authorized in subsection (a), there are authorized to be appropriated not to exceed $75,000,000, without fiscal year limitation, for payment by the Secretary of the Treasury.''. SEC. 7. NEW ARRANGEMENTS TO BORROW FROM THE INTERNATIONAL MONETARY FUND. Section 17 of the Bretton Woods Agreements Act (22 U.S.C. 286e-2 et seq.) is amended-- (1) in subsection (a)-- (A) by striking ``and February 24, 1983'' and inserting ``February 24, 1983, and January 27, 1997''; and (B) by striking ``4,250,000,000'' and inserting ``6,712,000,000''; (2) in subsection (b), by striking ``4,250,000,000'' and inserting ``6,712,000,000''; and (3) in subsection (d)-- (A) by inserting ``or the Decision of January 27, 1997,'' after ``February 24, 1983,''; and (B) by inserting ``or the New Arrangements to Borrow, as applicable'' before the period at the end.

International Financial Institution Reform and Authorization Act of 1997 - Amends the International Development Association Act to authorize appropriations, without fiscal year limitation, for the U.S. contribution to the 11th replenishment of the resources of the International Development Association. Amends the Asian Development Bank Act to authorize the U.S. Governor of the Asian Development Bank to contribute on behalf of the United States a specified amount to the Asian Development Fund. Authorizes appropriations. Amends the European Bank for Reconstruction and Development Act to authorize the U.S. Governor of the European Bank for Reconstruction and Development to subscribe on behalf of the United States to specified additional shares of the Bank's capital stock. Authorizes appropriations without fiscal year limitation. Amends the Inter-American Development Bank Act to authorize appropriations, without fiscal year limitation, for the U.S. capital subscription to the eighth general increase in the authorized capital stock of the Inter-American Development Bank. Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Monetary Fund (IMF) to contribute on behalf of the United States a specified amount to the Interest Subsidy Account of the successor to the Enhanced Structural Adjustment Facility of the IMF. Authorizes appropriations without fiscal year limitation. Increases: (1) the amount of loans (equivalent to Special Drawing Rights) the Secretary of the Treasury is authorized to make to the IMF; and (2) the authorization of appropriations for such loans.

International Financial Institution Reform and Authorization Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Opportunity and Affordability Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The adoption of broadband service results in enhanced economic development and public safety for communities across the Nation, improved health care and educational opportunities, and a better quality of life for all Americans. (2) Continued progress in the adoption of broadband service is vital to ensuring that the United States remains competitive and continues to create business opportunities and job growth. (3) The price of broadband service is a barrier to adoption for low-income households and can be an impediment to full participation in the emerging broadband economy. SEC. 3. PILOT PROGRAM TO EXPAND LIFELINE PROGRAM TO INCLUDE BROADBAND SERVICE. Section 254(j) of the Communications Act of 1934 (47 U.S.C. 254(j)) is amended to read as follows: ``(j) Lifeline Assistance.-- ``(1) Impact of section on lifeline assistance program.-- Except as provided in paragraph (2), nothing in this section shall affect the collection, distribution, or administration of the Lifeline program. ``(2) Pilot program to expand lifeline program to include broadband service.--As soon as practicable after the date of enactment of the Broadband Opportunity and Affordability Act, the Commission shall implement a 2-year pilot program to expand the Lifeline program to reduce the cost of broadband service for low-income consumers that will-- ``(A) apply to such broadband service as the Commission may determine to be appropriate for purposes of the pilot program; ``(B) provide such levels of support as the Commission may determine to be appropriate for such purposes; ``(C) be available to such consumers as the Commission may determine to be appropriate for such purposes under such eligibility criteria as the Commission may determine to be appropriate for such purposes; and ``(D) reimburse broadband service providers for each customer served, subject to prior authorization from the Commission to participate in the pilot program. ``(3) Criteria for pilot program.--In developing the pilot program required by paragraph (2), the Commission shall consider-- ``(A) whether State matching funds must be provided as a condition of eligibility for low-income households within a State; ``(B) the prevailing market rate for broadband service and the prevailing speed of broadband service adopted by households, using information that the Commission routinely collects or that is publicly available; and ``(C) how to ensure that the program is neutral as to the types of technology used to provide broadband service in order to promote competition from broadband service providers to qualify for participation in the pilot program. ``(4) Status report.--After the pilot program has been operational for 18 months, the Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the status of the pilot program. ``(5) Lifeline program defined.--In this subsection, the term `Lifeline program' means the service described in section 54.401(a) of the Commission's regulations (47 C.F.R. 54.401(a)).''. SEC. 4. EXPANSION OF LINK UP PROGRAM REPORT. (a) In General.--Within 180 days after the date of enactment of this Act, the Federal Communications Commission shall initiate a notice of inquiry with public notice and opportunity for comment, to determine-- (1) whether the Link Up program could be expanded to reduce the cost of initiating broadband service through providing support for computer ownership; (2) what equipment would be supported by such an expansion; (3) how much support would be available with such an expansion; and (4) the eligibility criteria for consumers to qualify for such an expansion. (b) Report.--The Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce containing the Commission's findings, conclusions, and recommendations from the inquiry. (c) Link Up Program Defined.--In this section, the term ``Link Up program'' means the service described in section 54.411(a) of the Commission's regulations (47 U.S.C. 54.411(a)).

Broadband Opportunity and Affordability Act - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to implement a two-year pilot program to expand the Lifeline program to reduce the cost of broadband service for low-income consumers.

A bill to direct the Federal Communications Commission to conduct a pilot program expanding the Lifeline Program to include broadband service, and for other purposes.

SECTION 1. EVERGLADES NATIONAL PARK. Section 102 of the Everglades National Park Protection and Expansion Act of 1989 (16 U.S.C. 410r-6) is amended-- (1) in subsection (a)-- (A) by striking ``The park boundary'' and inserting the following: ``(1) In general.--The park boundary''; (B) by striking ``The map'' and inserting the following: ``(2) Availability of map.--The map''; and (C) by adding at the end the following: ``(3) Acquisition of additional land.-- ``(A) In general.--The Secretary may acquire from 1 or more willing sellers not more than 10 acres of land located outside the boundary of the park and adjacent to or near the East Everglades area of the park for the development of administrative, housing, maintenance, or other park purposes. ``(B) Administration; applicable law.--On acquisition of the land under subparagraph (A), the land shall be administered as part of the park in accordance with the laws (including regulations) applicable to the park.''; and (2) by adding at the end the following: ``(h) Land Exchanges.-- ``(1) Definitions.--In this subsection: ``(A) Administrator.--The term `Administrator' means the Administrator of General Services. ``(B) County.--The term `County' means Miami-Dade County, Florida. ``(C) County land.--The term `County land' means the 2 parcels of land owned by the County totaling approximately 152.93 acres that are designated as `Tract 605-01' and `Tract 605-03'. ``(D) District.--The term `District' means the South Florida Water Management District. ``(E) District land.--The term `District land' means the approximately 1,054 acres of District land located in the Southern Glades Wildlife and Environmental Area and identified on the map as `South Florida Water Management District Exchange Lands'. ``(F) General services administration land.--The term `General Services Administration land' means the approximately 595.28 acres of land designated as `Site Alpha' that is declared by the Department of the Navy to be excess land. ``(G) Map.--The term `map' means the map entitled `Boundary Modification for C-111 Project, Everglades National Park', numbered 160/80,007A, and dated May 18, 2004. ``(H) National park service land.--The term `National Park Service land' means the approximately 1,054 acres of land located in the Rocky Glades area of the park and identified on the map as `NPS Exchange Lands'. ``(2) Exchange of general services administration land and county land.--The Administrator shall convey to the County fee title to the General Services Administration land in exchange for the conveyance by the County to the Secretary of fee title to the County land. ``(3) Exchange of national park service land and district land.-- ``(A) In general.--As soon as practicable after the completion of the exchange under paragraph (2), the Secretary shall convey to the District fee title to the National Park Service land in exchange for fee title to the District land. ``(B) Use of national park service land.--The National Park Service land conveyed to the District shall be used by the District for the purposes of the C-111 project, including restoration of the Everglades natural system. ``(C) Boundary adjustment.--On completion of the land exchange under subparagraph (A), the Secretary shall modify the boundary of the park to reflect the exchange of the National Park Service land and the District land. ``(4) Availability of map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.''. SEC. 2. BIG CYPRESS NATIONAL PRESERVE. Subsection (d)(3) of the first section of Public Law 93-440 (16 U.S.C. 698f) is amended by striking ``The amount described in paragraph (1)'' and inserting ``The amount described in paragraph (2)''. Passed the Senate September 15, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 2046 _______________________________________________________________________ AN ACT To authorize the exchange of certain land in Everglades National Park.

Amends the Everglades National Park Protection and Expansion Act of 1989 to authorize the Secretary of the Interior to acquire from one or more willing sellers not more than ten acres of land located outside the boundary of Everglades National Park and adjacent to or near the East Everglades area of the Park for the development of administrative, housing, maintenance, or other Park purposes. Requires such land, on acquisition, to be administered as part of the Park in accordance with the laws (including regulations) applicable to the Park. Directs the Administrator of General Services to convey to Miami-Dade County, Florida, fee title to approximately 595.28 acres of land designated as Site Alpha that is declared by the Department of the Navy to be excess land in exchange for conveyance by the County to the Secretary of fee title to two parcels of land owned by the County totaling approximately 152.93 acres that are designated as Tract 605-01 and Tract 605-03. Directs the Secretary, after the completion of such exchange, to convey to the South Florida Water Management District fee title to approximately 1,054 acres of land located in the Rocky Glades area of the Park in exchange for fee title to approximately 1,054 acres of District land located in the Southern Glades Wildlife and Environmental Area. Requires that the use of the conveyed land to the District be used by the District for the purposes of the C-111 project, including restoration of the Everglades natural system. (The C-111 Spreader Canal project modifies the existing water management system to restore historic freshwater flows to areas of the Everglades National Park and to maintain existing flood protection for surrounding areas.) Amends Federal law relating to the Big Cypress National Preserve and the Big Cypress National Preserve Addition to: (1) provide for the reduction in the amount of payment or reimbursement by the Secretary of total costs to the State of Florida of acquiring lands within Big Cypress National Preserve Addition by an amount equal to 20 percent of the amount of the total cost incurred by the Secretary in acquiring lands in the Addition other than from the State; and (2) remove the requirement for reducing the aggregate cost to the United States of acquiring lands within the Addition by an amount equal to 20 percent of the amount of the total cost incurred by the Secretary in acquiring lands in the Addition other than from the State.

A bill to authorize the exchange of certain land in Everglades National Park.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Right-To-Know Act of 2002''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Project SHAD'' means a series of tests, known as the Shipboard Hazard and Defense Project, conducted by the Department of Defense between approximately 1962 and 1970 that were intended to evaluate the effectiveness of shipboard detection and protective procedures against chemical warfare agents and biological warfare agents. (2) The term ``Project 112'' means a series of tests conducted by the Department of Defense primarily during the 1960s in and around Alaska using chemical and biological agents. SEC. 3. IDENTIFICATION OF PROJECTS. (a) Identification.--The Secretary of Defense shall identify each developmental or operational test of the Department of Defense (or a contractor of the Department of Defense) involving chemical or biological weapons, or defense against such weapons, in which members of the Armed Forces or civilians were or may have been exposed to actual or simulated hazardous agents, whether with or without their knowledge or consent. The Secretary shall identify such tests based on a thorough review of the records of the Department, including classified and unclassified records. (b) Report.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the actions of the Secretary under subsection (a). The report shall include, with respect to each test identified pursuant to subsection (a), the following: (1) A description of the test, including the test name, the date and location of the test, the test objective, and identification of each biological or chemical agent involved and the name of any solvent used to clean up after the test. (2) The number of members of the Armed Forces, and the number of persons who were not members of the Armed Forces, who may have been affected by the test. (3) Identification of any vessels or other major equipment involved in the test. SEC. 4. OVERSIGHT WORKING GROUP ON BIOLOGICAL AND CHEMICAL TESTING. (a) Establishment of Oversight Group.-- (1) In general.--The Comptroller General shall establish within the General Accounting Office an Oversight Working Group on Biological and Chemical Testing. The Oversight Working Group shall work to review activities of the Department of Defense being carried out to investigate all chemical and biological tests conducted by the Department that involved, or may have exposed, members of the Armed Forces or civilians. (2) Time for establishment.--The Oversight Working Group shall be established by the Comptroller General not later than 30 days after the date of the enactment of this Act. (3) Commencement of activities.--The Oversight Working Group shall begin their review of Department of Defense materials immediately upon being established. (b) Report on Project SHAD (and Project 112).--Not later than six months after the date of the enactment of this Act, the Oversight Working Group shall submit to Congress a report providing information concerning Project SHAD and Project 112. The report shall include the following: (1) A description of efforts underway within the Department of Defense to identify tests that were conducted as part of Project SHAD and to declassify information concerning such tests. (2) A description of each test identified under section 3(a), including the test name, test objective, chemical or biological agents involved, solvents involved, and number of members of the Armed Forces, and the number of civilians potentially affected by such test. (3) A description of the plans of the Secretary of Defense for the release of information on each test so identified. (4) A description of the actions the Secretary of Defense proposes to undertake with the Secretary of Veterans Affairs in order to notify former members of the Armed Forces potentially affected by each test so identified of their participation in the test. (5) A description of the actions the Secretary proposes to undertake in order to notify persons other than former members of the Armed Forces who were potentially affected by each test so identified of their participation in such test. (6) Information, to the extent feasible, on tests conducted as part of Project SHAD for which information has not been declassified. (7) An evaluation of the effectiveness of efforts described under paragraph (1) and any recommendations for improvement in future investigation efforts. (c) Continuing Functions.--Upon completion of the report under subsection (b), the Oversight Working Group shall continue to review Department of Defense investigations of any other cases of chemical or biological testing by the Department of Defense in which members of the Armed Forces or civilians may have been exposed to chemical or biological agents with or without their knowledge or consent. (d) Information and Historical Knowledge of Key Veterans and Veteran Service Organizations.--The Oversight Working Group shall seek to identify veterans and veterans services organizations with significant information involving test projects such as Project SHAD and Project 112 and shall seek to have such information made available to the Secretary of Defense and the Secretary of Veterans Affairs. If feasible, such information shall be included in reports of the Oversight Working Group. (e) Annual Report to Congress.--The Oversight Working Group shall submit an annual report to Congress. Each such report shall include the following: (1) Information on the activities of the Oversight Working Group during the year covered by the report. (2) With respect to any tests identified since the previous report under this section that were conducted as part of any testing of chemical or biological agents by the Department of Defense in which members of the Armed Forces or civilians may have been exposed to chemical or biological agents without their knowledge or consent, information in the same manner as provided for under subsection (c). (3) Information on costs associated with the work of the Oversight Working Group during the year covered by the report. (f) Access to Declassified Information.--As Department of Defense information relating to tests of referred to in section 3(a) is declassified, the Secretary of Defense shall ensure that such information is immediately provided to the Oversight Working Group. SEC. 5. FUNCTIONS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Notification of Veterans.--The Secretary of Veterans Affairs shall notify in writing each veteran who is determined to have been involved in any of the tests conducted as part of any testing of chemical or biological agents by the Department of Defense in which members of the Armed Forces may have been exposed to chemical or biological agents without their knowledge or consent, including testing conducted as part of Project SHAD. Such notification shall include detailed information as to the veteran's participation in such testing and of the veteran's possible exposure to chemical or biological agents or solvents as a result of such testing, including when and where the testing was conducted and what type of chemical or biological agents or solvents were used in the testing. Such notification shall also include instructions on how to receive a health care evaluation from the Department of Veterans Affairs. (b) Evaluation of Additional Information.--As additional information becomes available concerning Project SHAD or any other testing of chemical or biological agents by the Department of Defense in which members of the Armed Forces or civilians may have been exposed to chemical or biological agents without their knowledge or consent, the Secretary of Veterans Affairs, working in conjunction with the Director of the Institute of Medicine of the National Academy of Sciences, shall act expeditiously to review declassified material to determine any lasting health effects that may have been incurred by veterans as a result of such exposure. Any such health effects information shall be made available to the public and to Members of Congress upon request and to any veteran who may have incurred such health effects and shall be made available through the public internet world-wide-web site of the Department of Veterans Affairs. (c) Notification to Affected Veterans.--When health effects due to exposures referred to in subsection (b) are identified, the Secretary of Veterans Affairs shall notify by mail any veteran who, based upon the information available to the Secretary, may have been subject to such exposure. Such notification shall include notice of the possible exposure of the veteran, a description of the potential health effects of such exposure, and instructions on how to receive a health care evaluation from the Department of Veterans Affairs. (d) Clinical Evaluation.--The Institute of Medicine shall undertake an overall clinical evaluation of all chemical and biological testing conducted by the Department of Defense to determine a history of how veterans' health status may have been affected by such tests and any other information acquired as a result of those tests. SEC. 6. EXPEDITED PROCESSING OF FOIA REQUESTS. (a) Expedited Processing.--For purposes of expedited processing under section 552(a)(6)(E) of title 5, United States Code, any covered requester of a record relating to any testing, including Project SHAD, of chemical or biological agents by the Department of Defense in which members of the Armed Forces or civilians may have been exposed to chemical or biological agents without their knowledge or consent shall be deemed to have demonstrated a compelling need for such record. (b) Covered Requesters.--For purposes of this section, the term ``covered requester'' means any Member of Congress and any person acting on behalf of a veterans' service organization.

Veterans Right-To-Know Act of 2002 - Requires the Secretary of Defense to identify each developmental or operational test of the Department of Defense (DOD) involving chemical or biological weapons, or defense against such weapons, in which military personnel or civilians were or may have been exposed to actual or simulated hazardous agents, with or without their knowledge or consent.Requires the Comptroller General to establish within the General Accounting Office an Oversight Working Group on Biological and Chemical Testing to: (1) review DOD chemical and biological test activities that involved exposure to military personnel or civilians; (2) report to Congress information concerning Project SHAD (DOD tests to evaluate the effectiveness of shipboard detection and protective procedures against chemical and biological warfare agents) and Project 112 (DOD tests in and around Alaska using chemical and biological agents); (3) continue to review DOD investigations of any other cases of DOD chemical or biological testing; and (4) identify veterans and veterans organizations with significant information involving such test projects and seek to have that information made available to the Secretaries of Defense and Veterans Affairs.Directs the Secretary of Veterans Affairs to: (1) notify any veterans who may have been exposed, with instructions on how to receive a health care evaluation; and (2) review declassified material to determine any lasting health effects that may have been incurred by exposed veterans.

To provide for the disclosure of information on projects of the Department of Defense, such as Project 112 and the Shipboard Hazard and Defense Project (Project SHAD), that included testing of biological or chemical agents involving potential exposure of members of the Armed Forces to toxic agents, and for other purposes.

SECTION 1. CREDIT FOR CERTAIN ENERGY-EFFICIENT PROPERTY. (a) Business Property.-- (1) In general.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (defining energy property) is amended by striking ``or'' at the end of clause (i), by adding ``or'' at the end of clause (ii), and by inserting after clause (ii) the following new clause: ``(iii) energy-efficient building property,''. (2) Energy-efficient building property.--Subsection (a) of section 48 of such Code is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Energy-efficient building property.--For purposes of this subsection-- ``(A) In general.--The term `energy-efficient building property' means a fuel cell power plant that-- ``(i) generates electricity using an electrochemical process, ``(ii) has an electricity-only generation efficiency greater than 30 percent, and ``(iii) generates at least 0.5 kilowatt of electricity using an electrochemical process. ``(B) Limitation.--In the case of energy-efficient building property placed in service during the taxable year, the credit determined under paragraph (1) for such year with respect to such property shall not exceed an amount equal to the lesser of-- ``(i) 30 percent of the basis of such property, including expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property and for piping or wiring to interconnect such property, or ``(ii) $1,000 for each kilowatt of capacity of such property. ``(C) Special rules.--For purposes of subparagraph (A)(ii)-- ``(i) Electricity-only generation efficiency.--The electricity-only generation efficiency percentage of a fuel cell power plant is the fraction-- ``(I) the numerator of which is the total useful electrical power produced by such plant at normal operating rates, and expected to be consumed in its normal application, and ``(II) the denominator of which is the lower heating value of the fuel source for such plant. ``(ii) Determinations made on btu basis.-- The electricity-only generation efficiency percentage shall be determined on a Btu basis. ``(D) Fuel cell power plant.--The term `fuel cell power plant' means an integrated system comprised of a fuel cell stack assembly and associated balance of plant components that converts a fuel into electricity using electrochemical means. ``(E) Termination.--Such term shall not include any property placed in service after December 31, 2008.''. (3) Limitation.--Section 48(a)(2)(A) of such Code (relating to energy percentage) is amended to read as follows: ``(A) In general.--The energy percentage is-- ``(i) in the case of energy-efficient building property, 30 percent, and ``(ii) in the case of any other energy property, 10 percent.''. (4) Conforming amendments.-- (A) Section 29(b)(3)(A)(i)(III) of such Code is amended by striking ``section 48(a)(4)(C)'' and inserting ``section 48(a)(5)(C)''. (B) Section 48(a)(1) of such Code is amended by inserting ``except as provided in paragraph (4)(B),'' before ``the energy''. (5) Effective date.--The amendments made by this subsection shall apply to property placed in service after December 31, 2003, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (b) Nonbusiness Property.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. NONBUSINESS ENERGY-EFFICIENT BUILDING PROPERTY. ``(a) Credit Allowed.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the nonbusiness energy-efficient building property expenditures which are paid or incurred during such year. ``(2) Limitation.--The credit allowed under paragraph (1) with respect to property placed in service by the taxpayer during the taxable year shall not exceed an amount equal to the lesser of-- ``(A) 30 percent of the basis of such property, or ``(B) $1,000 for each kilowatt of capacity of such property. ``(b) Nonbusiness Energy-Efficient Building Property Expenditures.--For purposes of this section-- ``(1) In general.--The term `nonbusiness energy-efficient building property expenditures' means expenditures made by the taxpayer for nonbusiness energy-efficient building property installed on or in connection with a dwelling unit-- ``(A) which is located in the United States, and ``(B) which is used by the taxpayer as a residence. Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property. ``(2) Nonbusiness energy-efficient building property.--The term `nonbusiness energy-efficient building property' means energy-efficient building property (as defined in section 48(a)(4)) if-- ``(A) the original use of such property commences with the taxpayer, and ``(B) such property meets the standards (if any) applicable to such property under section 48(a)(3). ``(c) Special Rules.--For purposes of this section-- ``(1) Dollar amounts in case of joint occupancy.--In the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals the following shall apply: ``(A) The amount of the credit allowable, under subsection (a) by reason of expenditures (as the case may be) made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. ``(B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. ``(2) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(3) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made his proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(4) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. ``(5) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(6) Property financed by subsidized energy financing.-- For purposes of determining the amount of nonbusiness energy- efficient building property expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(5)(C)). ``(d) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(e) Termination.--This section shall not apply to any expenditure made after December 31, 2008.''. (2) Conforming Amendments.-- (A) Subsection (a) of section 1016 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 25C(d), in the case of amounts with respect to which a credit has been allowed under section 25C.''. (B) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Nonbusiness energy-efficient building property.''. (3) Effective date.--The amendments made by this subsection shall apply to expenditures made after December 31, 2003.

Amends the Internal Revenue Code to allow, through December 31, 2008, a limited credit for energy-efficient building property. Defines such property as a fuel cell power plant that: (1) generates electricity using an electrochemical process; (2) has an electricity-only generation efficiency greater than 30 percent; and (3) generates at least 0.5 kilowatt of electricity, using an electrochemical process.Allows, through December 31, 2008, a limited credit to an individual for nonbusiness energy-efficient building property (U.S. residential property) expenditures.

A bill to amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy-efficient property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Full Employment Act for Fiscal Year 1994''. TITLE I--SUPPLEMENTAL APPROPRIATIONS FOR FULL EMPLOYMENT ECONOMY The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide supplemental appropriations for fiscal year 1994: CHAPTER I--DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES DEPARTMENT OF AGRICULTURE Soil Conservation Service watershed and flood prevention operations For an additional amount for ``Watershed and flood prevention operations'', $43,600,000 for the costs of emergency watershed protection operations and for small watershed operations. Rural Development Administration rural water and waste disposal grants For an additional amount for ``Rural water and waste disposal grants'', $246,800,000. Food and Nutrition Service special supplemental food program for women, infants, and children (wic) For an additional amount for the special supplemental food program, $75,000,000. CHAPTER II--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES RELATED AGENCIES Small Business Administration business loans program account For an additional amount for ``Business loans program account'' for the cost of guaranteed loans authorized by section 7(a) of the Small Business Act, $140,900,000. CHAPTER III--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES DEPARTMENT OF THE INTERIOR National Park Service operation of the national park system For an additional amount for ``Operation of the national park system'', $146,500,000. construction For an additional amount for ``Construction'', $83,600,000. DEPARTMENT OF AGRICULTURE Forest Service national forest system For an additional amount for ``National forest system'', to be used for maintenance, repairs, rehabilitation, and natural resource conservation activities, $150,000,000. construction For an additional amount for ``Construction'', to be used for recreation facility and trail construction, $37,800,000. DEPARTMENT OF ENERGY energy conservation For enhanced ``Energy conservation'' activities, $100,800,000. CHAPTER IV--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED AGENCIES DEPARTMENT OF LABOR Employment and Training Administration training and employment services For an additional amount for ``Training and Employment Services'', $1,000,000,000, to carry out the Job Training Partnership Act. community service employment for older americans For an additional amount for ``Community service employment for older Americans'', $19,100,000. DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration health resources and services For an additional amount to carry out title XXVI of the Public Health Service Act, $170,000,000. Assistant Secretary for Health office of the assistant secretary for health For an additional amount for the ``Office of the Assistant Secretary for Health'' for carrying out childhood immunization activities under title III and subtitle 1 of title XXI of the Public Health Service Act, $300,000,000. Administration for Children and Families children and families services programs For an additional amount for carrying out the Head Start Act, $500,000,000. DEPARTMENT OF EDUCATION compensatory education for the disadvantaged For an additional amount for concentration grants under section 1006 of the Elementary and Secondary Education Act of 1965, $500,000,000. student financial assistance For an additional amount for ``Student financial assistance'' for payment of awards made under subpart 1 of part A of title IV of the Higher Education Act of 1965, $1,521,700,000. CHAPTER V--DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES FEDERAL AVIATION ADMINISTRATION Grants-in-Aid for Airports (liquidation of contract authorization) (airport and airway trust fund) For liquidation of obligations incurred for grants-in-aid for airport planning and development under section 14 of Public Law 91-258, as amended, and under other law authorizing such obligations, and obligations for noise compatibility planning and programs, $500,000,000, to be derived from the Airport and Airway Trust Fund. FEDERAL HIGHWAY ADMINISTRATION Federal-Aid Highways (highway trust fund) For Federal-aid highways and highway safety construction programs, $2,976,000,000, to be derived from the Highway Trust Fund. FEDERAL RAILROAD ADMINISTRATION Grants to the National Railroad Passenger Corporation For an additional amount for ``Grants to the National Railroad Passenger Corporation'', for capital improvements grants, $187,800,000. FEDERAL TRANSIT ADMINISTRATION Formula Grants For an additional amount for ``Formula grants'' for capital grants, $466,500,000. CHAPTER VI--TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT DEPARTMENT OF THE TREASURY Internal Revenue Service information systems For an additional amount for ``Information systems'', $148,400,000, to fund procurement of computer and telecommunications equipment and services. CHAPTER VII--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Homeless Assistance transitional and supportive housing demonstration program For an additional amount for ``Transitional and supportive housing demonstration program'', $423,000,000. Community Planning and Development community development grants For an additional amount for ``Community development grants'', $2,536,000,000. INDEPENDENT AGENCIES Environmental Protection Agency state revolving funds/construction grants For an additional amount for ``State revolving funds/construction grants'', to make grants under title VI of the Federal Water Pollution Control Act, as amended, $845,300,000. TITLE II--WORK HOURS SEC. 201. OVERTIME COMPENSATION LIMIT. (a) Act.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by striking out ``one and one-half times'' each place it occurs and inserting ``two times'' and by striking out ``forty hours'' each place it occurs and inserting ``thirty hours''. (b) Sections.-- (1) Section 7.--Section 7 of such Act (29 U.S.C. 207) is amended-- (A) in subsection (b)(1), by striking ``one thousand and forty'' and inserting ``seven hundred and eighty'', (B) in subsection (b)(2), by striking ``two thousand and forty'' and inserting ``one thousand five hundred and sixty'', by striking ``one thousand eight hundred and forty hours'' and inserting ``one thousand three hundred and eighty'', and by striking ``two thousand and eighty'' and inserting ``one thousand five hundred and sixty'', (C) in subsection (b), by striking ``twelve'' and inserting ``six'' and by striking ``fifty-six'' and inserting ``forty-five'', and (D) in subsection (e)(5), by striking ``eight'' and inserting ``six''. (2) Section 13.--Section 13(b)(29) (29 U.S.C. 213(b)(29)) is amended by striking out ``fifty-six hours'' and inserting ``forty-five hours''. SEC. 202. EFFECTIVE DATE. The amendments made by section 201 shall take effect upon the expiration of 180 days after the date of the enactment of this Act. TITLE III--WAGES SEC. 301. MINIMUM WAGE. Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than $7.00 an hour;''. SEC. 302. EFFECTIVE DATE. The amendment made by section 301 shall take effect upon the expiration of 180 days after the date of the enactment of this Act. TITLE IV--TAX INCENTIVES FOR FULL EMPLOYMENT SEC. 401. SENSE OF CONGRESS. It is the sense of the Congress that appropriate tax incentives should be provided to businesses that hire new employees, create new jobs, provide ongoing education and training for their employees, provide child care arrangements for their employees, establish health care plans for their employees, and undertake research and development. TITLE V--ENTITLEMENT PROGRAMS SEC. 501. SENSE OF CONGRESS. It is the sense of the Congress that individuals who receive assistance under any Federal entitlement program should seek to obtain employment providing livable wages and, where appropriate, affordable child care arrangements.

TABLE OF CONTENTS: Title I: Supplemental Appropriations for Full Employment Economy Title II: Work Hours Title III: Wages Title IV: Tax Incentives for Full Employment Title V: Entitlement Programs Full Employment Act for Fiscal Year 1994 - Title I: Supplemental Appropriations for Full Employment Economy - Makes supplemental appropriations for FY 1994 to: (1) the Department of Agriculture for watershed and flood prevention operations, rural water and waste disposal grants, the special supplemental food program, and the National Forest System; (2) the Small Business Administration for the business loans program account; (3) the Department of the Interior for the National Park System; (4) the Department of Energy for energy conservation activities; (5) the Department of Labor for training and employment services and community service employment for older Americans; (6) the Department of Health and Human Services for health resources and services, the Office of the Assistant Secretary for Health, and children and families services programs; (7) the Department of Education for compensatory education for the disadvantaged and student financial assistance; (8) the Department of Transportation for grants-in-aid for airports, Federal-aid highways, grants to the National Railroad Passenger Corporation, and formula grants; (9) the Department of the Treasury for Internal Revenue Service information systems; (10) the Department of Housing and Urban Development for homeless assistance and community development grants; and (11) the Environmental Protection Agency for construction grants. Title II: Work Hours - Amends the Fair Labor Standards Act of 1938 to require overtime to be paid at two times the regular hourly rate (currently, one- and one-half times). Reduces the regular 40-hour workweek to a 30-hour workweek. Title III: Wages - Establishes the minimum wage at $7 an hour. Title IV: Tax Incentives for Full Employment - Expresses the sense of the Congress that appropriate tax incentives should be provided to businesses that hire new employees, create new jobs, provide ongoing education and training for their employees, provide child care arrangements for their employees, establish health care plans for their employees, and undertake research and development. Title V: Entitlement Programs - Expresses the sense of the Congress that individuals who receive assistance under any Federal entitlement program should seek to obtain employment providing livable wages and, where appropriate, affordable child care arrangements.

Full Employment Act for Fiscal Year 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Preservation and Drug Price Fairness Act''. SEC. 2. AUTHORITY TO NEGOTIATE PRICES. Subsection (i) of section 1860D-11, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is repealed. SEC. 3. REPEAL OF COMPARATIVE COST ADJUSTMENT (CCA) PROGRAM. Subtitle E of title II of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, and the amendments made by such subtitle, are repealed. SEC. 4. PHARMACEUTICAL MARKET ACCESS. (a) Importation of Prescription Drugs.--Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384) is amended-- (1) in subsection (a)-- (A) by striking ``The Secretary'' and inserting ``Not later than 180 days after the date of the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, the Secretary''; and (B) by striking ``pharmacists and wholesalers'' and inserting ``pharmacists, wholesalers, and qualifying individuals''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) require that each covered product imported pursuant to such subsection complies with sections 501, 502, and 505, and other applicable requirements of this Act; and''; (B) in paragraph (2), by striking ``, including subsection (d); and'' and inserting a period; and (C) by striking paragraph (3); (3) in subsection (c), by inserting ``by pharmacists and wholesalers (but not qualifying individuals)'' after ``importation of covered products''; (4) in subsection (d)-- (A) by striking paragraphs (3) and (10); (B) in paragraph (5), by striking ``, including the professional license number of the importer, if any''; (C) in paragraph (6)-- (i) in subparagraph (C), by inserting ``(if required under subsection (e))'' before the period; (ii) in subparagraph (D), by inserting ``(if required under subsection (e))'' before the period; and (iii) in subparagraph (E), by striking ``labeling''; (D) in paragraph (7)-- (i) in subparagraph (A), by inserting ``(if required under subsection (e))'' before the period; and (ii) by amending subparagraph (B) to read as follows: ``(B) Certification from the importer or manufacturer of such product that the product meets all requirements of this Act.''; and (E) by redesignating paragraphs (4) through (9) as paragraphs (3) through (8), respectively; (5) by amending subsection (e) to read as follows: ``(e) Testing.-- ``(1) In general.--Subject to paragraph (2), regulations under subsection (a) shall require that testing referred to in paragraphs (5) through (7) of subsection (d) be conducted by the importer of the covered product, unless the covered product is a prescription drug subject to the requirements of section 505B for counterfeit-resistant technologies. ``(2) Exception.--The testing requirements of paragraphs (5) through (7) of subsection (d) shall not apply to an importer unless the importer is a wholesaler.''; (6) in subsection (f), by striking ``or designated by the Secretary, subject to such limitations as the Secretary determines to be appropriate to protect the public health''; (7) in subsection (g)-- (A) by striking ``counterfeit or''; and (B) by striking ``and the Secretary determines that the public is adequately protected from counterfeit and violative covered products being imported pursuant to subsection (a)''; (8) in subsection (i)(1)-- (A) by amending subparagraph (A) to read as follows: ``(A) In general.--The Secretary shall conduct, or contract with an entity to conduct, a study on the imports permitted pursuant to subsection (a), including consideration of the information received under subsection (d). In conducting such study, the Secretary or entity shall evaluate the compliance of importers with regulations under subsection (a), and the incidence of shipments pursuant to such subsection, if any, that have been determined to be misbranded or adulterated, and determine how such compliance contrasts with the incidence of shipments of prescription drugs transported within the United States that have been determined to be misbranded or adulterated.''; and (B) in subparagraph (B), by striking ``Not later than 2 years after the effective date of final regulations under subsection (a),'' and inserting ``Not later than 18 months after the date of the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003,''; (9) in subsection (k)(2)-- (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: ``(D) The term `qualifying individual' means an individual who is not a pharmacist or a wholesaler. ''; and (10) by striking subsections (l) and (m). (b) Use of Counterfeit-Resistant Technologies To Prevent Counterfeiting.-- (1) Misbranding.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352; deeming drugs and devices to be misbranded) is amended by adding at the end the following: ``(w) If it is a drug subject to section 503(b), unless the packaging of such drug complies with the requirements of section 505B for counterfeit-resistant technologies.''. (2) Requirements.--Title V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505A the following: ``SEC. 505B. COUNTERFEIT-RESISTANT TECHNOLOGIES. ``(a) Incorporation of Counterfeit-Resistant Technologies Into Prescription Drug Packaging.--The Secretary shall require that the packaging of any drug subject to section 503(b) incorporate-- ``(1) overt optically variable counterfeit-resistant technologies that are described in subsection (b) and comply with the standards of subsection (c); or ``(2) technologies that have an equivalent function of security, as determined by the Secretary. ``(b) Eligible Technologies.--Technologies described in this subsection-- ``(1) shall be visible to the naked eye, providing for visual identification of product authenticity without the need for readers, microscopes, lighting devices, or scanners; ``(2) shall be similar to that used by the Bureau of Engraving and Printing to secure United States currency; ``(3) shall be manufactured and distributed in a highly secure, tightly controlled environment; and ``(4) should incorporate additional layers of non-visible covert security features up to and including forensic capability. ``(c) Standards for Packaging.-- ``(1) Multiple elements.--For the purpose of making it more difficult to counterfeit the packaging of drugs subject to section 503(b), manufacturers of the drugs shall incorporate the technologies described in subsection (b) into multiple elements of the physical packaging of the drugs, including blister packs, shrink wrap, package labels, package seals, bottles, and boxes. ``(2) Labeling of shipping container.--Shipments of drugs described in subsection (a) shall include a label on the shipping container that incorporates the technologies described in subsection (b), so that officials inspecting the packages will be able to determine the authenticity of the shipment. Chain of custody procedures shall apply to such labels and shall include procedures applicable to contractual agreements for the use and distribution of the labels, methods to audit the use of the labels, and database access for the relevant governmental agencies for audit or verification of the use and distribution of the labels.''. (c) Repeal.--Subtitle C of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, and the amendments made by such subtitle, are repealed. SEC. 5. ASSURING ACCESS TO COVERAGE. Paragraph (3) of section 1860D-3(a), as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended to read as follows: ``(3) Qualifying plan defined.--For purposes of this section, the term `qualifying plan' means a prescription drug plan offered by a PDP sponsor.''. SEC. 6. REPEAL OF MA REGIONAL PLAN STABILIZATION FUND. (a) In General.--Section 1858 of the Social Security Act, as added by section 221(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended-- (1) by striking subsection (e); (2) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively; and (3) in subsection (e), as so redesignated, by striking ``subject to subsection (e),''. (b) Conforming Amendment.--Section 1851(i)(2) of the Social Security Act (42 U.S.C. 1395w-21(i)(2)), as amended by section 221(d)(5) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended by striking ``1858(h)'' and inserting ``1858(g)''. SEC. 7. REPEAL OF HEALTH SAVINGS ACCOUNTS. Section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, and the amendments made by such section, are repealed. SEC. 8. EFFECTIVE DATE. (a) In General.--The amendments made by this Act shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. (b) Application of Laws.--If any amendment to any provision of any Act is repealed by this Act, such provision shall be applied and administered as if the amendment had never been enacted.

Medicare Preservation and Drug Price Fairness Act - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to repeal the prohibition against: (1) interference by the Secretary of Health and Human Services with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors; and (2) any requirement by the Secretary of a formulary or institution of a price structure for the reimbursement of covered prescription drugs. Repeals the Comparative Cost Adjustment Program. Amends the Federal Food, Drug and Cosmetic Act to direct the Secretary to promulgate regulations allowing qualifying individuals who are neither pharmacists nor wholesalers (qualifying individuals) to import covered products (in addition to pharmacists and wholesalers, whom current law authorizes to import such products). Repeals the requirement that regulations require that a product not coming directly from the first foreign recipient of the product from the manufacturer be approved for marketing in the United States. Repeals requirements that the importer provide the Secretary with: (1) documentation from the foreign seller specifying the original source of the product and the amount of each lot of the product originally received; and (2) any other information that the Secretary determines is necessary to ensure the protection of the public health. Revises testing requirements to provide that specified tests, including ones involving authenticity and degradation of products, shall not be required unless the importer is a wholesaler. (Currently either the importer or the manufacturer may conduct such tests). Exempts from importer-wholesaler testing a prescription drug subject to requirements for counterfeit-resistant packaging. Makes permanent the requirements of Federal Food, Drug and Cosmetic Act for the importation of covered products. Classifies prescription drugs as misbranded if they do not incorporate specified counterfeit-resistant technologies in their packaging. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to repeal its requirements for the importation of prescription drugs from Canada into the United States (effectively replacing them with the requirements of this Act.) Removes Medicare Advantage (MA) prescription drug plans from the meaning of qualifying prescription drug plan. Repeals authorization for the MA Regional Plan Stabilization Fund and Health Savings Accounts.

A bill to make improvements to the Medicare Prescriptions Drug, Improvement, and Modernization Act of 2003.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Transparency Act of 2007''. SEC. 2. DISCLOSURE OF BOOK-TAX DIFFERENCES TO SECURITIES AND EXCHANGE COMMISSION. (a) Disclosure for Enforcement Purposes.-- (1) In general.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 (relating to disclosure of returns and return information for purposes other than tax administration) is amended by adding at the end the following new paragraph: ``(21) Disclosure of return information to securities and exchange commission.-- ``(A) In general.--The Secretary shall, upon written request from the Commissioner of the Securities and Exchange Commission, disclose to officers and employees of the Securities and Exchange Commission return information of specified public entities relating to the reconciliation of financial income statements reported to the Securities and Exchange Commission (or to shareholders) with income tax returns. ``(B) Restriction on use of disclosed information.--Any officers and employees of the Securities and Exchange Commission receiving return information under subparagraph (A) shall use such information only-- ``(i) for the purposes of, and to the extent necessary in, civil enforcement and administration of the securities laws (as defined in section 3 of the Securities and Exchange Act of 1934), and ``(ii) for purposes of conducting the study required under section 5(a) of the Corporate Transparency Act of 2007. ``(C) Specified public entity.--For purposes of this paragraph, the term `specified public entity' means any entity-- ``(i) issuing any class of securities required to be registered under section 12 of the Securities and Exchange Act of 1934, and ``(ii) which is required by the Secretary to file schedule M-3. In the case of an entity which is a member of an affiliated group filing a consolidated return, the term `specified public entity' means such group and not each member thereof.''. (2) Procedures and record keeping related to disclosure.-- Subsection (p)(4) of section 6103 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``(14), or (17)'' in the matter before subparagraph (A) and inserting ``(14), (17), or (21)'', and (B) by striking ``(15), or (17)'' in subparagraph (F)(ii) and inserting ``(15), (17), or (21)''. (b) Effective Date.--The amendments made by this section shall apply to requests made after the date of the enactment of this Act. SEC. 3. PUBLIC DISCLOSURE OF CERTAIN CORPORATE BOOK-TAX DIFFERENCES. (a) In General.--Subchapter B of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6104 the following new section: ``SEC. 6104A. PUBLIC DISCLOSURE OF CERTAIN CORPORATE BOOK-TAX DIFFERENCES. ``(a) In General.--The Secretary shall make publicly available, on the Internet and at the offices of the Internal Revenue Service, the information described in subsection (b) with respect to each specified entity for each taxable year ending after the date of the enactment of this section. ``(b) Information.--The information described in this subsection with respect to a specified entity are the following items: ``(1) The name and address of the specified entity. ``(2) The CUSIP identification number under which the entity files reports with the Securities and Exchange Commission, if any. ``(3) The following information relating to the worldwide consolidated income statement of the specified entity for the period ending with or within the taxable year: ``(A) The total net income (or loss) shown on such income statement. ``(B) The total net income (or loss) of foreign entities included on such income statement but not included on the consolidated tax return of the specified entity for the taxable year. ``(C) The total of adjustments (other than the item described in subparagraph (B)) reflecting the difference between the income (or loss) shown on such income statement and the item described in subparagraph (D). ``(D) The total income (or loss) of all entities included on both such income statement and the consolidated tax return of the specified entity for the taxable year. ``(4) The total net income (or loss) shown on the consolidated income tax return of the specified entity for the taxable year. ``(5) The total temporary differences between the items described in paragraphs (3)(D) and (4). ``(6) The total permanent differences between the items described in paragraphs (3)(D) and (4). ``(c) Specified Entity.--For purposes of this subsection, the term `specified entity' means any entity which is required by the Secretary to file schedule M-3. In the case of an entity which is a member of an affiliated group filing a consolidated return, the term `specified entity' means such group and not each member thereof.''. (b) Clerical Amendment.--The table of sections for subchapter B of chapter 61 of such Code is amended by inserting after the item relating to section 6104 the following new item: ``Sec. 6104A. Public disclosure of certain corporate book-tax differences.''. (c) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. PENALTY FOR FAILURE TO FILE AND FILING INACCURATE INFORMATION RELATING TO CERTAIN CORPORATE BOOK-TAX DIFFERENCES. (a) Failure To File.--Section 6652 of the Internal Revenue Code of 1986 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Failure To File Information Relating to Certain Corporate Book-Tax Differences.-- ``(1) In general.--In the case of-- ``(A) any failure by a specified entity to file any statement required by the Secretary relating to the reconciliation of financial statements with income tax returns, or ``(B) any failure by a specified entity-- ``(i) to include any of the information required to be shown on such a statement, or ``(ii) to include materially accurate information on such a statement, there shall be paid (on notice and demand by the Secretary and in the same manner as tax) by the specified entity an amount equal to the amount determined under paragraph (2) for each such failure. ``(2) Amount.-- ``(A) Corporations.--In the case of a corporation, the amount determined under this paragraph is-- ``(i) $10,000 in the case of such a specified entity with total assets at the end of the taxable year of not more than $50,000,000, ``(ii) $25,000 in the case of such a specified entity with total assets at the end of the taxable year of more than $50,000,000 but not more than $250,000,000, ``(iii) $50,000 in the case of such a specified entity with total assets at the end of the taxable year of more than $250,000,000 but not more than $1,000,000,000, and ``(iv) $100,000 in the case of such a specified entity with total assets at the end of the taxable year of more than $1,000,000,000. ``(B) Other entities.--In the case of a specified entity other than a corporation, the amount determined under this paragraph is-- ``(i) $5,000 in the case of such a specified entity with gross receipts for the taxable year of not more than $10,000,000, ``(ii) $10,000 in the case of such a specified entity with gross receipts for the taxable year of more than $10,000,000 but not more than $50,000,000, ``(iii) $25,000 in the case of such a specified entity with gross receipts for the taxable year of more than $50,000,000 but not more than $250,000,000, ``(iv) $50,000 in the case of such a specified entity with gross receipts for the taxable year of more than $250,000,000 but not more than $1,000,000,000, and ``(v) $100,000 in the case of such a specified entity with gross receipts for the taxable year of more than $1,000,000,000. ``(3) Specified entity.--For purposes of this subsection, the term `specified entity' has the meaning given such term under section 6104A.''. (b) Effective Date.--The amendments made by this sections shall apply to returns and statements filed after the date of the enactment of this Act. SEC. 5. STUDY ON BOOK-TAX DISCLOSURES. (a) In General.-- (1) Study.--The Secretary of the Treasury, in consultation with the Commissioner of the Securities and Exchange Commission and the Joint Committee on Taxation, shall conduct a study on the reconciliation of differences between the financial income statements of specified entities with income tax returns. (2) Matters included in study.--The study conducted under subsection (a) shall address-- (A) the need for additional reporting of book-tax difference to-- (i) the Internal Revenue Service, and (ii) the Securities and Exchange Commission, and (B) the benefits and risks of publicly disclosing such differences. (b) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of the Treasury shall submit to Congress a report on the matters studied under subsection (a) together with any recommendations. (c) Specified Entity.--For purposes of this section, the term ``specified entity'' has the meaning given such term under section 6104A of the Internal Revenue Code of 1986.

Corporate Transparency Act of 2007 [sic] - Amends the Internal Revenue Code to require the Secretary of the Treasury to: (1) disclose to the Securities and Exchange Commission (SEC) certain tax return information of public entities whose securities are required to be registered under the Securities and Exchange Act of 1934 relating to the reconciliation of financial income statements with income tax returns (i.e., Schedule M-3); and (2) post on the Internet certain identifying and financial information for such entities. Imposes penalties on entities that fail to file required information. Requires the Secretary to study and report to Congress on the reconciliation of differences between financial income statements of public entities with income tax returns.

A bill to amend the Internal Revenue Code of 1986 to provide for the disclosure of schedule M-3 to the Securities and Exchange Commission, to provide for the public disclosure of certain information on such schedule, to provide penalties for failure to file such schedule or inaccurately reporting information on such schedule, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jay S. Hammond Wilderness Act''. SEC. 2. FINDINGS. Congress finds that-- (1) on July 21, 1922, Jay Sterner Hammond was born in Troy, New York; (2) Hammond studied petroleum engineering at Penn State University, where he was a member of the Triangle Fraternity; (3) Hammond later served as a Marine Corps fighter pilot, serving-- (A) during World War II with the famous Black Sheep Squadron in the South Pacific; and (B) in China from 1945-1946; (4) after leaving military service, Hammond flew to Alaska, where Hammond worked as a Bush pilot, trapper, guide, and laborer; (5) a war-related illness caused Hammond to enroll at the University of Alaska, Fairbanks, where Hammond earned his degree in biological sciences in 1949; (6) after graduating from the University of Alaska, Fairbanks, Hammond went to work as a biologist, field agent, and hunter for the United States Fish and Wildlife Service; (7) in 1950, Hammond was transferred to Southwest Alaska, where Hammond-- (A) conducted predator and prey studies on the caribou herd of the Alaska Peninsula; and (B) conducted fisheries enforcement efforts out of Dillingham as a pilot; (8) Hammond-- (A) was 1 of the first people to count 64 brown bears at McNeil River in Southwest Alaska; and (B) once recorded nearly 500,000 Black Brant geese eclipsing the sun at Izembek Bay; (9) Hammond later cruised the entire shoreline of 45-mile- long Lake Clark counting wildlife and finding a future homestead site on the shore of Lake Clark; (10) upon Alaska entering the Union in 1959, Hammond ran and won election to the Alaska State House of Representatives; (11) Hammond served as an independent in the Alaska State House of Representatives from 1959 to 1965; (12) in 1960, Hammond changed his party affiliation to Republican; (13) after 3 terms in the Alaska State House of Representatives, Hammond served as a State senator from 1967 to 1973; (14) from 1972 to 1974, Hammond served as mayor of the Bristol Bay Borough; (15) during the 1960s and early 1970s, Hammond served as the manager of Bristol Bay Borough during periods in which the State legislature was not in session; (16) in 1974, Hammond was drafted by friends to run for Governor of Alaska, defeating former Republican Walter J. Hickel in the primary, and defeating the first Governor of the State, Democrat William A. Egan, in the general election; (17) the 1974 campaign for Governor was dominated by-- (A) the opposition of Hammond to oil leasing in Kachemak Bay; (B) concern about State salmon fisheries and environmental management; and (C) fear about State overspending after the discovery of oil on the North Slope; (18) Hammond-- (A) won the Republican primary for Governor in 1974 by 7,874 votes; and (B) won the general election for Governor in 1974 by a mere 221 votes after 2 recounts; (19) in 1978, Hammond again defeated Walter J. Hickel in the Republican primary by 98 votes, the closest margin in a statewide election in the history of Alaska; (20) Hammond defeated Walter J. Hickel, a write-in candidate, and Democrat Chancy Croft in the 1978 General Election by 16,000 votes; (21) as Governor, Hammond-- (A) oversaw construction of the Trans-Alaska Pipeline; (B) championed the creation of the Alaska Permanent Fund; (C) authored the Alaska Permanent Fund Dividend program, which provides citizens of Alaska a yearly dividend check from interest earnings of the State share of petroleum revenues placed in the Alaska Permanent Fund; (D) won approval of a constitutional budget reserve; (E) opposed the repeal of the State income tax; (F) championed agricultural development in Interior Alaska; and (G) oversaw the purchase of the Alaska Railroad by the State; (22) with respect to environmental issues, Hammond-- (A) opposed construction of a proposed Ramparts hydroelectric dam on the Yukon River; (B) supported the congressional creation of a 200- mile fisheries zone off the coast of the State, which improved State fishery stocks; (C) oversaw the creation of a limited entry fisheries regime in the State; (D) oversaw the creation of the largest State park in the United States, the Wood Tikchik State Park in Southwest Alaska, which contains 1,600,000 acres of wilderness; and (E) in 1980, as Governor, oversaw the enactment of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), which-- (i) dissolved the placement of 120,000,000 acres of Alaska into protected status under chapter 3203 of title 54, United States Code; (ii) designated 104,000,000 acres of land as units of the National Park System, units of the National Wildlife Refuge System, National Monuments, components of the National Wilderness Preservation System, and components of the National Wild and Scenic Rivers System; (iii) added 5,500,000 acres in 14 new units of the National Wilderness Preservation System; (iv) added more than 40,000,000 acres in 10 new units of the National Park System, including the 3,860,000-acre Lake Clark National Park and Preserve, bringing to 54,000,000 acres the total size of National Park System holdings in the State; (v) added a number of new units of the National Wildlife Refuge System in the State, bringing to 19 the number of units of the National Wildlife Refuge System covering 76,800,000 acres in the State; (vi) created 13 components of the National Wild and Scenic Rivers System running 3,131 miles; and (vii) resulted in Alaska containing 57,900,000 acres of wilderness; (23) a talented and prolific writer and poet, Hammond-- (A) presented to the University of Alaska Library Archives an impressive collection of speeches, testimony, notebooks, and papers; and (B) wrote several books on life in Alaska, including his first book entitled ``Tales of Alaska's Bush Rat Governor''; (24) Hammond died on August 2, 2005, at age 83, in his sleep, at his homestead at Port Alsworth, Alaska, after having survived-- (A) 5 plane crashes; and (B) innumerable close calls with death, including during-- (i) Hammond's first flight to Alaska and numerous subsequent flights during Hammond's 59 years in the State; and (ii) a fire at the homestead at Lake Clark; (25) Hammond was survived by-- (A) his wife, Bella; and (B) his daughters, Heidi and Dana, Dana, and Wendy; (26) Hammond-- (A) was well-respected for reaching across the aisle to forge bipartisan alliances; and (B) enjoyed many close friendships-- (i) with colleagues in both political parties; and (ii) members of his staff, who were deeply loyal to Hammond; and (27) the designation of the 2,600,000 acres of wilderness in Lake Clark National Park and Preserve, in which the homestead of Hammond is located, would-- (A) honor Hammond; and (B) be a fitting tribute to the honorable life and legacy of Hammond, who was described by the Anchorage Municipal Assembly on August 7, 2005, as ``the finest example of a true public servant . . . there are few men who have influence through their quiet articulation of what is right and fair in the way of Jay Hammond''. SEC. 3. DESIGNATION OF JAY S. HAMMOND WILDERNESS AREA. (a) Designation.--The approximately 2,600,000 acres of National Wilderness Preservation System land located within the Lake Clark National Park and Preserve designated by section 201(e)(7)(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 410hh(e)(7)(a)) shall be known and designated as the ``Jay S. Hammond Wilderness Area''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the wilderness area referred to in subsection (a) shall be deemed to be a reference to the ``Jay S. Hammond Wilderness Area''.

Jay S. Hammond Wilderness Act Designates approximately 2,600,000 acres of National Wilderness Preservation System land in the Lake Clark National Park and Preserve in Alaska as the "Jay S. Hammond Wilderness Area."

Jay S. Hammond Wilderness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mineral Hill Historic Mining District Preservation Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Mineral Hill Mine located north of Yellowstone National Park in the Gallatin National Forest possesses outstanding natural characteristics, wildlife habitats, and historic and educational values that would make the land a valuable addition to the National Forest System; (2) the mining industry in the State of Montana played an important role in the settlement and development of the western United States; (3) to understand the present and future development of natural resources in the United States, it is necessary to study the history of the mining industry; (4) the Jardine Historic Mining District, located in the Mineral Hill-Crevice Mountain Mining District, includes historically significant structures that should be retained, restored, maintained, managed, and interpreted; (5) TVX Mineral Hill, Inc., the owner of the Mineral Hill Mine, has offered to donate to the Secretary of Agriculture all right, title, and interest of the company in and to the mine; and (6) the Secretary of Agriculture should-- (A) accept the donation of the Mineral Hill Mine to maintain and preserve the Jardine Historic Mining District and the associated mine site for the benefit, use, and education of present and future generations; and (B) manage and protect the natural characteristics and wildlife habitats on the donated land, consistent with the management by the Secretary of Agriculture of adjoining land in the Gallatin National Forest. (b) Purposes.--The purposes of this Act are-- (1) to authorize the Secretary of Agriculture to accept the donation of certain land located within the boundaries of the Gallatin National Forest; (2) to provide for the management and maintenance of the donated land and associated structures for the benefit, use, and education of present and future generations; and (3) to promote cooperation between the Secretary of Agriculture, Montana Tech of the University of Montana, and other public and private entities for the purpose of providing interpretive, educational, and other services relating to the donated land. SEC. 3. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the document entitled ``Donation Agreement between TVX Mineral Hill, Inc., and the United States Department of Agriculture, Forest Service'', including any associated maps or exhibits. (2) Company.-- (A) In general.--The term ``company'' means TVX Mineral Hill, Inc., a company incorporated under the laws of the State of Minnesota. (B) Inclusions.--The term ``company'' includes-- (i) any successors and assigns of the company; and (ii) any other entity that has an interest in the donated land. (3) Donated land.--The term ``donated land'' means the non- Federal land and associated mineral rights on Federal land-- (A) located in the Gallatin National Forest in an area known as the ``Mineral Hill-Crevice Mountain Mining District'', Park County, Montana; and (B) comprised of-- (i) approximately 570 acres of non-Federal land (including mineral rights, structures, improvements, and appurtenances); and (ii) approximately 194 acres of mineral rights on Federal land. (4) Forest plan.--The term ``Forest Plan'' means the plan entitled the ``Gallatin National Forest Land and Resource Management Plan''. (5) Fund.--The term ``Fund'' means the Mineral Hill Historic Mining District Fund established by section 7(a). (6) Map.--The term ``map'' means the map entitled ``Mineral Hill Donation--April, 2001''. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. RATIFICATION OF THE AGREEMENT. (a) Ratification.--All terms, conditions, procedures, covenants, reservations, and other provisions described in the Agreement, as a matter of Federal law-- (1) are incorporated in this Act; (2) are ratified and confirmed; and (3) describe the rights and obligations of the Secretary and the company. (b) Changes.--The Secretary or the company may modify or amend the Agreement if-- (1) the Secretary and the company agree to the modification or amendment; and (2) the Secretary provides to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the modification or amendment. SEC. 5. ACCEPTANCE OF DONATED LAND. (a) In General.--If the Secretary determines that the conditions under subsection (c) have been satisfied, the Secretary may accept all right, title, and interest in and to the donated land, as depicted on the map. (b) Map.-- (1) Availability.--The map shall be on file and available for public inspection in-- (A) the Office of the Chief of the Forest Service; and (B) the office of the Forest Supervisor, Gallatin National Forest, Bozeman, Montana. (2) Conflict.--In the case of any conflict between the map, legal description, and deed of conveyance, the legal description shall control. (c) Conditions.--Before accepting title to the donated land under subsection (a), the Secretary must-- (1) find-- (A)(i) that the title to each parcel of donated land is acceptable and in conformity with the title review standards of the Attorney General; or (ii) if the title is not acceptable under clause (i), that the company has satisfied any corrective actions with regard to the title that the Secretary recommends; (B) that any boundary overlaps and encroachments on the donated land have been resolved by the company; (C) that the plan to reclaim the property has been successfully completed in accordance with the Agreement, except for post-reclamation monitoring, operation, and maintenance; and (D) that the company has obtained pollution liability insurance on the donated land-- (i) of at least $10,000,0000 in coverage; (ii) that is in effect until September 8, 2012; (iii) that names the Secretary as an additional insured; (iv) that has a deductible not greater than $1,000,000; and (v) that is satisfactory to the Secretary; and (2) approve the form and substance of all documents associated with the conveyance of the donated land. (d) Permits.--On acceptance of the donated land under subsection (a), the Secretary shall accept and meet the requirements of permits that-- (1) have been issued to the company; (2) are in effect as of the date of the acceptance; and (3) relate to the Mineral Hill Mine. (e) Recordation.--Not later than 60 days after the date of acceptance under subsection (a), the Secretary shall record the warranty deeds transferring title to the donated land to the Secretary. (f) Liability.--Except as provided under subsection (d), acceptance of the donated land by the Secretary under this section does not relieve the company of any liability or responsibility relating to the company's ownership of mining operations or other operations on the donated land. SEC. 6. ADMINISTRATION. (a) In General.--The Secretary shall manage the donated land as part of the National Forest System. (b) Applicable Law.-- (1) In general.--Except as provided in paragraph (2), the donated land shall be subject to the law (including regulations) applicable to the National Forest System. (2) Exception.--The donated land shall not be subject to location and entry under the mining laws of the United States. (c) Land Management Planning.--The Secretary shall manage the donated land-- (1) until the date on which the Secretary approves a revised version of the Forest Plan that addresses the addition of the donated land-- (A) in accordance with the Forest Plan in effect on the date of enactment of this Act; and (B) consistent with the management of National Forest System land that is adjacent to the donated land; and (2) after the date on which the revised Forest Plan is approved under paragraph (1), in accordance with the revised Forest Plan. (d) Donations.--The Secretary may solicit and accept donations from public and private agencies, educational institutions, corporations, organizations, and individuals for the purpose of carrying out this Act. (e) Buildings, Structures, and Other Features.-- (1) In general.--The Secretary may retain, restore, maintain, manage, and interpret buildings, structures, and other features on the donated land in existence on the date of enactment of this Act in accordance with-- (A) applicable law; and (B) as the Secretary determines to be appropriate, the study entitled ``Architectural Assessment Recommendations & Costs of Historic Structures: Mineral Hill Mine, Jardine, Montana'', dated October 2000 and revised January 2001, and prepared by A&E Architects, P.C., of Missoula, Montana. (2) Removal.-- (A) In general.--The Secretary may remove any building, structure, or other feature on the donated land that is not selected for retention, restoration, maintenance, management, or interpretation under paragraph (1). (B) Other laws not applicable.--In removing a building, structure, or other feature under subparagraph (A), the Secretary shall not be required-- (i) to conduct any assessments in addition to the study under paragraph (1)(B); or (ii) to comply with any other law (including regulations). (3) Effect.--Nothing in this subsection restricts the authority of the Secretary to manage or dispose of Federal property. (f) Cemetery Site.-- (1) In general.--The Secretary shall allow access to the cemetery located on the donated land for the purposes of visitation, upkeep, and maintenance. (2) New burials.--The Secretary, or a unit of local government or cemetery association to which the cemetery site is conveyed under paragraph (3), shall not allow any burials at the cemetery site after the date of enactment of this Act. (3) Conveyance.--The Secretary may convey to a unit of local government or cemetery association the cemetery site, without consideration and subject to any terms and conditions that the Secretary may require, for perpetual operation and maintenance of the site as a cemetery. SEC. 7. MINERAL HILL HISTORIC MINING DISTRICT FUND. (a) Establishment.--There is established in the Treasury of the United States an account to be known as the ``Mineral Hill Historic Mining District Fund'', consisting of-- (1) such amounts as are appropriated to the Fund under subsection (b); (2) such amounts as are appropriated to the Fund under section 8; and (3) any interest earned on investment of amounts in the Fund under subsection (d). (b) Transfers to Fund.-- (1) Natural resources receipts.--Notwithstanding any other provision of law, there are appropriated to the Fund from amounts collected by the Secretary of the Interior as fees and receipts from oil, gas, timber, coal, and other natural resources on all Federal land-- (A) $4,115,000 for fiscal year 2003; and (B) $365,000 for fiscal year 2004 and each fiscal year thereafter, adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor. (2) Donations.--There are appropriated to the Fund amounts equivalent to amounts received in the Treasury under section 6(d). (c) Expenditures From Fund. (1) In general.--Subject to paragraph (2), on request by the Secretary, without further appropriation, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to pay-- (A) the costs of the Secretary associated with acquiring the donated land under section 5; (B) the costs of retention, restoration, maintenance, management, interpretation, or removal of buildings, structures, and other features on the donated land under section 6(e); (C) the costs of response and restoration actions on the donated land, including costs associated with-- (i) compliance with the substantive requirements of the post-closure monitoring plan; and (ii) operation and maintenance activities relating to the donated land, as determined to be appropriate by the Secretary; (D) in cooperation with Montana Tech of the University of Montana, the costs of public education and interpretation of the history and geology of the donated land, including the mining industry and community life associated with the donated land; (E) the costs of grants to, contracts with, and cooperative agreements with units of Federal, State, or local government, educational institutions, corporations, organizations, and individuals for interpretative, administrative, environmental response, and environmental restoration activities; and (F) the insurance deductible under section 5(c)(1)(D)(iv). (2) Administrative expenses.--An amount not exceeding 10 percent of the amounts in the Fund shall be available in each fiscal year to pay the administrative expenses necessary to carry out this Act. (d) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund that is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (e) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (f) No Deferral or Rescission.--Amounts deposited in the Fund under this section shall not be subject to deferral or rescission under the Budget Impoundment and Control Act of 1974 (2 U.S.C. 621 et seq.) SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Mineral Hill Historic Mining District Preservation Act of 2002 - States that all terms and other provisions in the Donation Agreement between TVX Mineral Hill, Inc., and the United States Department of Agriculture, Forest Service, are incorporated in this Act, ratified, and confirmed.Authorizes the Secretary, if certain conditions have been satisfied (including that the company has obtained pollution liability insurance), to accept non-Federal land and associated mineral rights on Federal land located in Gallatin National Forest in the Mineral Hill-Crevice Mountain Mining District in Park County, Montana (the donated land).Requires the Secretary to accept and meet the requirements of permits issued to the company that relate to the Mineral Hill Mine.Prohibits subjecting the donated land to location and entry under the mining laws.Allows access to the cemetery located on the donated land for visitation and maintenance. Prohibits any burials at such site after this Act's enactment. Allows the Secretary to convey such site to a local government or cemetery association for perpetual operation and maintenance.Establishes the Mineral Hill Historic Mining District Fund in the Treasury. Transfers to the Fund specified fees and receipts collected from oil, gas, timber, coal, and other natural resources on all Federal land for FY 2003 and 2004 to pay costs of: (1) acquiring the donated land; (2) restoration, maintenance, management, interpretation, or removal of buildings, structures, and other features; (3) response and restoration actions, (4) public education and interpretation; (5) grants, contracts, and cooperative agreements for interpretive, administrative, environmental response, and environmental restoration activities; and (6) the insurance deductible.

A bill to authorize the Secretary of Agriculture to accept the donation of certain land in the Mineral Hill-Crevice Mountain Mining District in the State of Montana, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Privacy and Nondiscrimination Act of 1995''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The DNA molecule contains information about an individual's probable medical future. (2) Genetic information is uniquely private and personal information that should not be disclosed without the authorization of the individual. (3) The improper disclosure of genetic information can lead to significant harm to the individual, including stigmatization and discrimination in areas such as employment, education, health care and insurance. (4) An analysis of an individual's DNA provides information not only about an individual, but also about the individual's parents, siblings and children. (5) Current legal protections for genetic information, tissue samples and DNA samples are inadequate to protect genetic privacy, and require further attention. (6) Laws for the collection, storage and use of identifiable DNA samples and private genetic information obtained from those samples are needed both to protect individual privacy and to permit legitimate genetic research. (b) Purposes.--It is the purpose of this Act to-- (1) define the rights of individuals whose genetic information is disclosed; (2) define the circumstances under which an individual's genetic information may be disclosed; and (3) protect against discrimination by an insurer or employer based upon an individual's genetic information. SEC. 3. DEFINITIONS. As used in this Act: (1) DNA.--The term ``DNA'' means deoxyribonucleic acid. (2) DNA sample.--The term ``DNA sample'' means any human biological specimen from which DNA can be extracted, or the DNA extracted from such specimen. (3) Employer.--The term ``employer'' has the same meaning given such term in section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)). (4) Genetic information.--The term ``genetic information'' means the information about genes, gene products or inherited characteristics that may derive from an individual or a family member. (5) Genetic test.--The term ``genetic test'' means a test for determining the presence or absence of genetic characteristics in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to diagnose a genetic characteristic. (6) Insurer.--The term ``insurer'' means an insurance company, health care service contractor, fraternal benefit organization, insurance agent, third party administrator, insurance support organization or other person subject to regulation under State insurance laws. Such term includes self- funded health plans and health plans regulated under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. REQUIREMENTS FOR DISCLOSURE OF GENETIC INFORMATION. (a) Prohibition.-- (1) In general.--Except as provided in paragraph (2), regardless of the manner in which genetic information was received, or of the source of such information, including information received from an individual, an entity may not disclose or be compelled (by subpoena or any other means) to disclose genetic information about an individual unless such disclosure is specifically authorized by the individual involved or the legal representative of the individual through a written authorization which includes a description of the information being disclosed, the name of the individual or entity to whom the disclosure is being made, and the purpose of the disclosure. (2) Exceptions.--Notwithstanding paragraph (1), genetic information concerning an individual may be disclosed if such disclosure-- (A) is authorized under Federal or State criminal laws relating to the identification of individuals, or as is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; (B) is required under the specific order of a Federal or State court; (C) is authorized under Federal or State law for the purpose of establishing paternity; (D) is for the purpose of furnishing genetic information relating to a decedent to the blood relatives of the decedent for the purpose of medical diagnosis; or (E) is for the purpose of identifying bodies. (b) Application of Section.--The prohibitions of this section shall apply to any redisclosure by any entity after another entity has disclosed the genetic information. SEC. 5. PROHIBITION ON CERTAIN EMPLOYMENT PRACTICES. (a) Discrimination as to Rights or Benefits.--No employer may seek to obtain, obtain, or use the genetic information of an employee or a prospective employee, or require a genetic test of an employee or prospective employee, to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to the employee or prospective employee. (b) Enforcement.--The powers, remedies, and procedures set forth in sections 705 through 709 of the Civil Rights Act of 1964 shall be the powers, remedies, and procedures this section provides to any person alleging a violation of this section. SEC. 6. REQUIREMENTS RELATING TO INSURERS. (a) General Prohibition.--An insurer offering health insurance may not use genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, or otherwise affect health insurance. (b) Prohibition on Inducement.--With respect to a genetic test conducted in accordance with subsection (c), an insurer may not use such a genetic test as an inducement for the purchase of insurance. (c) Permissibility of Tests.--If an insurer requests that an applicant for insurance (other than an applicant for health insurance) take a genetic test in connection with an application for insurance, the use of the results of such test shall be disclosed to the applicant and the insurer shall obtain the specific written authorization of the applicant for such disclosure. (d) Application.--This section shall apply only to insurance policies issued on or after the date of enactment of this Act, and to the renewal of policies issued before, on, or after such date of enactment. SEC. 7. FURTHER RECOMMENDATION BY THE NATIONAL BIOETHICS ADVISORY COMMISSION. Not later than August 31, 1996, the National Bioethics Advisory Commission shall prepare and submit to the appropriate committees of Congress a report containing recommendations on-- (1) the development and implementation of standards to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) the development and implementation of appropriate standards for the acquisition and retention of genetic information in all settings, including appropriate exceptions.

Genetic Privacy and Nondiscrimination Act of 1995 - Establishes limitations with respect to the disclosure and use of genetic information. Prohibits disclosure of genetic information about an individual unless specifically authorized by the individual involved, or the individual's legal representative, through a written authorization which includes a description of the information being disclosed, the name of the individual or entity to whom the disclosure is being made, and the purpose of the disclosure. Allows such a disclosure if it is: (1) authorized under Federal or State criminal laws relating to the identification of individuals, or as is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; (2) required under the specific order of a Federal or State court; (3) authorized under Federal or State law for the purpose of establishing paternity; (4) intended to furnish genetic information relating to a decedent to the decedent's blood relatives for the purpose of medical diagnosis; or (5) intended for the identification of bodies. (Sec. 5) Prohibits any employer from seeking to obtain, obtaining, or using the genetic information of an employee or a prospective employee, or requiring a genetic test of an employee or prospective employee, to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to the employee or prospective employee. Provides for enforcement of such prohibition through the same powers, procedures, and remedies that are provided to a person alleging a violation under specified provisions of the Civil Rights Act of 1964. (Sec. 6) Prohibits an insurer offering health insurance from using genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, or otherwise affect health insurance. Requires, if an insurer requests that an insurance applicant (other than a health insurance applicant) take a genetic test, that: (1) the use of the results of such test be disclosed to the applicant; and (2) the insurer obtain the applicant's specific written authorization for such disclosure. Prohibits an insurer from using such a genetic test as an inducement for the purchase of insurance. (Sec. 7) Directs the National Bioethics Advisory Commission to report to the appropriate congressional committees its recommendations on the development and implementation of appropriate standards: (1) to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) for the acquisition and retention of genetic information in all settings, including appropriate exceptions.

Genetic Privacy and Nondiscrimination Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prenatally and Postnatally Diagnosed Conditions Awareness Act''. SEC. 2. PURPOSES. It is the purpose of this Act to-- (1) increase patient referrals to providers of key support services for women who have received a positive diagnosis for Down syndrome, or other prenatally or postnatally diagnosed conditions, as well as to provide up-to-date information on the range of outcomes for individuals living with the diagnosed condition, including physical, developmental, educational, and psychosocial outcomes; (2) strengthen existing networks of support through the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and other patient and provider outreach programs; and (3) ensure that patients receive up-to-date, evidence-based information about the accuracy of the test. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399R. SUPPORT FOR PATIENTS RECEIVING A POSITIVE DIAGNOSIS OF DOWN SYNDROME OR OTHER PRENATALLY OR POSTNATALLY DIAGNOSED CONDITIONS. ``(a) Definitions.--In this section: ``(1) Down syndrome.--The term `Down syndrome' refers to a chromosomal disorder caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. ``(2) Health care provider.--The term `health care provider' means any person or entity required by State or Federal law or regulation to be licensed, registered, or certified to provide health care services, and who is so licensed, registered, or certified. ``(3) Postnatally diagnosed condition.--The term `postnatally diagnosed condition' means any health condition identified during the 12-month period beginning at birth. ``(4) Prenatally diagnosed condition.--The term `prenatally diagnosed condition' means any fetal health condition identified by prenatal genetic testing or prenatal screening procedures. ``(5) Prenatal test.--The term `prenatal test' means diagnostic or screening tests offered to pregnant women seeking routine prenatal care that are administered on a required or recommended basis by a health care provider based on medical history, family background, ethnic background, previous test results, or other risk factors. ``(b) Information and Support Services.-- ``(1) In general.--The Secretary, acting through the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, or the Administrator of the Health Resources and Services Administration, may authorize and oversee certain activities, including the awarding of grants, contracts or cooperative agreements to eligible entities, to-- ``(A) collect, synthesize, and disseminate current evidence-based information relating to Down syndrome or other prenatally or postnatally diagnosed conditions; and ``(B) coordinate the provision of, and access to, new or existing supportive services for patients receiving a positive diagnosis for Down syndrome or other prenatally or postnatally diagnosed conditions, including-- ``(i) the establishment of a resource telephone hotline accessible to patients receiving a positive test result or to the parents of newly diagnosed infants with Down syndrome and other diagnosed conditions; ``(ii) the expansion and further development of the National Dissemination Center for Children with Disabilities, so that such Center can more effectively conduct outreach to new and expecting parents and provide them with up-to-date information on the range of outcomes for individuals living with the diagnosed condition, including physical, developmental, educational, and psychosocial outcomes; ``(iii) the expansion and further development of national and local peer-support programs, so that such programs can more effectively serve women who receive a positive diagnosis for Down syndrome or other prenatal conditions or parents of infants with a postnatally diagnosed condition; ``(iv) the establishment of a national registry, or network of local registries, of families willing to adopt newborns with Down syndrome or other prenatally or postnatally diagnosed conditions, and links to adoption agencies willing to place babies with Down syndrome or other prenatally or postnatally diagnosed conditions, with families willing to adopt; and ``(v) the establishment of awareness and education programs for health care providers who provide, interpret, or inform parents of the results of prenatal tests for Down syndrome or other prenatally or postnatally diagnosed conditions, to patients, consistent with the purpose described in section 2(b)(1) of the Prenatally and Postnatally Diagnosed Conditions Awareness Act. ``(2) Eligible entity.--In this subsection, the term `eligible entity' means-- ``(A) a State or a political subdivision of a State; ``(B) a consortium of 2 or more States or political subdivisions of States; ``(C) a territory; ``(D) a health facility or program operated by or pursuant to a contract with or grant from the Indian Health Service; or ``(E) any other entity with appropriate expertise in prenatally and postnatally diagnosed conditions (including nationally recognized disability groups), as determined by the Secretary. ``(3) Distribution.--In distributing funds under this subsection, the Secretary shall place an emphasis on funding partnerships between health care professional groups and disability advocacy organizations. ``(c) Provision of Information to Providers.-- ``(1) In general.--A grantee under this section shall make available to health care providers of parents who receive a prenatal or postnatal diagnosis the following: ``(A) Up-to-date, evidence-based, written information concerning the range of outcomes for individuals living with the diagnosed condition, including physical, developmental, educational, and psychosocial outcomes. ``(B) Contact information regarding support services, including information hotlines specific to Down syndrome or other prenatally or postnatally diagnosed conditions, resource centers or clearinghouses, national and local peer support groups, and other education and support programs as described in subsection (b)(2). ``(2) Informational requirements.--Information provided under this subsection shall be-- ``(A) culturally and linguistically appropriate as needed by women receiving a positive prenatal diagnosis or the family of infants receiving a postnatal diagnosis; and ``(B) approved by the Secretary. ``(d) Report.--Not later than 2 years after the date of enactment of this section, the Government Accountability Office shall submit a report to Congress concerning the effectiveness of current healthcare and family support programs serving as resources for the families of children with disabilities.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Prenatally and Postnatally Diagnosed Conditions Awareness Act - (Sec. 3) Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through either the Director of the National Institutes of Health (NIH), the Director of the Centers for Disease Control and Prevention (CDC), or the Administrator of the Health Resources and Services Administration (HRSA), to authorize and oversee certain activities relating to Down syndrome or other prenatally or postnatally diagnosed conditions. Includes among such activities the awarding of grants, contracts or cooperative agreements to eligible entities to: (1) collect, synthesize, and disseminate current evidence-based information relating to such conditions; and (2) coordinate the provision of, and access to, new or existing supportive services for patients receiving a positive diagnosis for such conditions. Includes within such supportive services: (1) the establishment of a resource telephone hotline; (2) the expansion of the National Dissemination Center for Children with Disabilities; (3) the expansion of national and local peer-support programs; (4) the establishment of a national registry, or network of local registries, of families willing to adopt newborns with such conditions; and (5) the establishment of awareness and education programs for health care providers who provide, interpret, or inform parents of the results of prenatal tests for such conditions. Requires the Secretary to place an emphasis on funding partnerships between health care professional groups and disability advocacy organizations in distributing funds. Requires a grantee under this Act to make available to health care providers of parents who receive a prenatal or postnatal diagnosis: (1) up-to-date, evidence-based, written information concerning the range of outcomes for individuals living with the diagnosed condition, including physical, developmental, educational, and psychosocial outcomes; and (2) contact information regarding support services, including information hotlines, resource centers or clearinghouses, national and local peer support groups, and other educational and support programs. Requires information provided to be culturally and linguistically appropriate and to be approved by the Secretary. Requires the Government Accountability Office (GAO) to report to Congress concerning the effectiveness of current health care and family support programs serving as resources for the families of children with disabilities.

A bill to amend the Public Health Service Act to increase the provision of scientifically sound information and support services to patients receiving a positive test diagnosis for Down syndrome or other prenatally and postnatally diagnosed conditions.