FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Depository Institution-GSE Affiliation Act of 1998''. SEC. 2. CERTAIN AFFILIATION PERMITTED. Section 18(s) of the Federal Deposit Insurance Act (12 U.S.C. 1828(s)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(4) Student loans.-- ``(A) In general.--This subsection shall not apply to any arrangement between the Holding Company (or any subsidiary of the Holding Company other than the Student Loan Marketing Association) and a depository institution, if the Secretary approves the affiliation and determines that-- ``(i) the reorganization of such Association in accordance with section 440 of the Higher Education Act of 1965, as amended, will not be adversely affected by the arrangement; ``(ii) the dissolution of the Association pursuant to such reorganization will occur before the end of the 2-year period beginning on the date on which such arrangement is consummated or on such earlier date as the Secretary deems appropriate: Provided, That the Secretary may extend this period for not more than 1 year at a time if the Secretary determines that such extension is in the public interest and is appropriate to achieve an orderly reorganization of the Association or to prevent market disruptions in connection with such reorganization, but no such extensions shall in the aggregate exceed 2 years; ``(iii) the Association will not purchase or extend credit to, or guarantee or provide credit enhancement to, any obligation of the depository institution; ``(iv) the operations of the Association will be separate from the operations of the depository institution; and ``(v) until the `dissolution date' (as that term is defined in section 440 of the Higher Education Act of 1965, as amended) has occurred, such depository institution will not use the trade name or service mark `Sallie Mae' in connection with any product or service it offers if the appropriate Federal banking agency for such depository institution determines that-- ``(I) the depository institution is the only institution offering such product or service using the `Sallie Mae' name; and ``(II) such use would result in the depository institution having an unfair competitive advantage over other depository institutions. ``(B) Terms and conditions.--In approving any arrangement referred to in subparagraph (A) the Secretary may impose any terms and conditions on such an arrangement that the Secretary considers appropriate, including-- ``(i) imposing additional restrictions on the issuance of debt obligations by the Association; or ``(ii) restricting the use of proceeds from the issuance of such debt. ``(C) Additional limitations.--In the event that the Holding Company (or any subsidiary of the Holding Company) enters into such an arrangement, the value of the Association's `investment portfolio' shall not at any time exceed the lesser of-- ``(i) the value of such portfolio on the date of the enactment of this subsection; or ``(ii) the value of such portfolio on the date such an arrangement is consummated. The term `investment portfolio' shall mean all investments shown on the consolidated balance sheet of the Association other than-- ``(I) any instrument or assets described in section 439(d) of the Higher Education Act of 1965, as amended; ``(II) any direct noncallable obligations of the United States or any agency thereof for which the full faith and credit of the United States is pledged; or ``(III) cash or cash equivalents. ``(D) Enforcement.--The terms and conditions imposed under subparagraph (B) may be enforced by the Secretary in accordance with section 440 of the Higher Education Act of 1965. ``(E) Definitions.--For purposes of this paragraph, the following definition shall apply-- ``(i) Association; holding company.-- Notwithstanding any provision in section 3, the terms `Association' and `Holding Company' have the same meanings as in section 440(i) of the Higher Education Act of 1965. ``(ii) Secretary.--The term `Secretary' means the Secretary of the Treasury.''.

Depository Institution-GSE Affiliation Act of 1998 - Amends the Federal Deposit Insurance Act to specify circumstances under which the Secretary of the Treasury may: (1) approve an affiliation between a depository institution and the Student Loan Marketing Association (SALLIE MAE) solely in its reorganized, privatized status as "the Holding Company," not in its status as a government sponsored enterprise (GSE); and (2) impose affiliation terms and conditions, including constraints upon either the issuance of debt obligations by SALLIE MAE in its GSE status, or upon the use of proceeds from such obligations. (Current law prohibits affiliations between depository institutions and GSEs.) Limits the value of the investment portfolio of SALLIE MAE in its GSE status in the event such affiliation should occur to the lesser of: (1) its value upon enactment of this Act; or (2) its value on the date such affiliation is consummated. Grants the Secretary enforcement powers under the Higher Education Act of 1965.

Depository Institution-GSE Affiliation Act of 1998

SECTION 1. DEPOSITS IN CAPITAL CONSTRUCTION FUND ACCOUNT EXCLUDED FROM NET EARNINGS FROM SELF-EMPLOYMENT. (a) In General.--Subparagraph (A) of section 607(d)(1) of the Merchant Marine Act, 1936 (46 U.S.C. 1177(d)(1)) is amended by striking ``taxable income (determined without regard to this section and section 7518 of such Code) for the taxable year shall be reduced'' and by inserting ``taxable income and net earnings from self-employment attributable to the operation of the agreement vessels (determined without regard to this section and section 7518 of such Code) for the taxable year shall each be reduced''. (b) Nonqualified Withdrawals.--Section 607(h) of the Merchant Marine Act, 1936 (46 U.S.C. 1177(h)) is amended by adding at the end thereof the following new paragraph: ``(7) Nonqualified withdrawals subject to self-employment tax.-- ``(A) In general.--In the case of any taxable year for which there is a nonqualified withdrawal (including any amount so treated under paragraph (5)), the tax imposed by section 1401 of the Internal Revenue Code of 1986 (at a rate for such taxable year unless otherwise established by the taxpayer to the satisfaction of the Secretary) shall be determined without regard to section 230 of the Social Security Act (42 U.S.C. 430). ``(B) Tax benefit rule.--If any portion of a nonqualified withdrawal is properly attributable to deposits (other than earnings on deposits) made by the taxpayer in any taxable year which did not reduce the taxpayer's liability for tax under section 1401 of such Code for any taxable year preceding the taxable year in which such withdrawal occurs, such portion shall not be taken into account under subparagraph (A).''. (c) Conforming Amendments.-- (1) Subparagraph (A) of section 7518(c)(1) of the Internal Revenue Code of 1986 is amended by striking ``taxable income (determined without regard to this section and section 607 of the Merchant Marine Act, 1936) for the taxable year shall be reduced'' and by inserting ``taxable income and net earnings from self-employment attributable to the operation of the agreement vessels (determined without regard to this section and section 607 of the Merchant Marine Act, 1936) for the taxable year shall each be reduced''. (2) Section 7518(g) of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new paragraph: ``(7) Nonqualified withdrawals subject to self-employment tax.-- ``(A) In general.--In the case of any taxable year for which there is a nonqualified withdrawal (including any amount so treated under paragraph (5)), the tax imposed by section 1401 (at a rate for such taxable year unless otherwise established by the taxpayer to the satisfaction of the Secretary) shall be determined without regard to section 230 of the Social Security Act (42 U.S.C. 430). ``(B) Tax benefit rule.--If any portion of a nonqualified withdrawal is properly attributable to deposits (other than earnings on deposits) made by the taxpayer in any taxable year which did not reduce the taxpayer's liability for tax under section 1401 for any taxable year preceding the taxable year in which such withdrawal occurs, such portion shall not be taken into account under subparagraph (A).''. (3) Section 1403(b) of the Internal Revenue Code of 1986 is amended by adding the following new paragraph. ``(3) For treatment of earnings of ship contractors deposited in special reserve funds, see subsections (d) and (h) of section 607 of the Merchant Marine Act, 1936 (46 U.S.C. 1177) and subsections (c) and (g) of section 7518''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992. (2) Waiver of statute of limitations.--If on the date of the enactment of this Act (or at any time within 1 year after such date of enactment) refund or credit of any overpayment of tax resulting from the application of the amendment made by subsection (a) is barred by any law or rule of law, refund or credit of such overpayment shall, nevertheless, be made or allowed if claim therefore is filed before the date 1 year after the date of the enactment of this Act.

Amends the Merchant Marine Act, 1936 and the Internal Revenue Code to permit participants in a capital construction fund to reduce their self-employment income by the amount of contributions to such fund. Makes nonqualified withdrawals subject to the self-employment tax.

A bill to exclude deposits into a capital construction fund account under section 607(d) of the Merchant Marine Act from net earnings from self-employment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Deserts Act of 2016''. SEC. 2. GRANT PROGRAM TO ESTABLISH GROCERY STORES IN UNDERSERVED COMMUNITIES. (a) Establishment of Grant Program.--The Secretary shall establish a program to provide capitalization grants to States for the purpose of establishing revolving funds to support the establishment and operation of grocery stores in underserved communities. (b) Administration.--A State receiving funds under this Act shall administer the revolving fund of the State through an instrumentality of the State with such powers and limitations as may be required to operate such fund in accordance with the requirements of this Act. (c) Projects and Activities Eligible for Assistance.--Amounts in a revolving fund shall be used for the purpose of making loans-- (1) to open a grocery store in an underserved community, except that such loan may not be used for the purpose of new construction; (2) to support the operations of an existing grocery store in an underserved community; (3) to facilitate the fair market value purchase of an existing grocery store in an underserved community; or (4) to support the operations of a program participant that is located in a community that would be an underserved community if the program participant was not located in such community. (d) Grocery Stores Eligible for Assistance.-- (1) Required criteria.--A State receiving a capitalization grant under this Act may only make a loan from the revolving fund of the State to an entity that the State determines-- (A) is a grocery store or will be a grocery store after opening; (B) emphasizes or will emphasize unprocessed, healthful foods; (C) provides or will provide a variety of raw fruits and vegetables; (D) provides or will provide staple foods; (E) has a plan to keep such foods in stock to the extent possible; (F) charges or will charge prices at or below municipal averages; and (G) is sufficiently qualified to operate a grocery store. (2) Priority criteria.-- (A) Nonprofit or municipally owned entities.--A State shall prioritize an application for a loan from the revolving fund of the State from a nonprofit organization or municipally owned entity that the State determines-- (i) hires or plans to hire workers who reside within the underserved community that would be served by the entity; (ii) provides or plans to provide classes or other educational information about a healthful diet; (iii) sources or plans to source food from local urban farms and gardens; (iv) does not or will not sell alcohol or tobacco products; (v) demonstrates existing supply chain relationships in the grocery industry; or (vi) demonstrates expertise in the grocery industry. (B) For-profit entities.--A State shall prioritize an application for a loan from the revolving fund of the State from a for-profit entity that the State determines meets any of the requirements in clauses (i) through (iv) of subparagraph (A). (e) Application.--An entity that desires a loan from a revolving fund of a State shall submit an application to the State at such time, in such manner, and containing such information as the State may require. (f) Loan Conditions.-- (1) In general.--A loan distributed from a revolving fund by a State may be used by a program participant only for the purposes specified in subsection (c). (2) Interest rates.--A loan distributed by a State from a revolving fund shall be made at or below market interest rates, including an interest free loan, at terms not to exceed the lesser of 30 years or the projected useful life (as determined by the State) of the project to be financed with the proceeds of the loan. (3) Structure of loan.--A loan may be distributed from a revolving fund by a State to a program participant in a lump sum or in multiple distributions over a period of years. (4) Loan amount.--A State may not provide a loan to a program participant from the revolving fund of the State in a fiscal year that exceeds 10 percent of the amount available from the fund for making distributions in that fiscal year. (5) Payments.--Annual principal and interest payments on a loan received from a revolving fund of a State shall commence not later than 1 year after the loan is disbursed to the program participant and all loans will be fully amortized upon the expiration of the term of the loan. (6) Revenue for repayment.--A program participant shall establish a dedicated source of revenue for repayment of a loan received from a revolving fund of a State. (7) Crediting revolving fund.--A revolving fund of a State shall be credited with all payments of principal and interest on all loans made from the revolving fund. (g) Administration Costs.--A State shall charge a program participant an administrative fee of not more than 4 percent of the loan amount. The State shall use the fees to administer the revolving fund and conduct administration activities under this Act. (h) Technical Assistance.--The Secretary shall provide technical assistance to program participants to assist with sourcing of food, food storage, and other operational requirements. (i) Bankruptcy.--In the case of the bankruptcy of a program participant, amounts owned on a loan from a revolving fund shall be afforded precedence over other debt. (j) Grocery Store Earnings.--Earnings of a nonprofit organization or municipally owned program participant that are attributable to a loan received from a revolving fund of a State shall be used for reinvestment into the program participant or to support the continuity of operations of the program participant. SEC. 3. CAPITALIZATION GRANTS TO FUND STATE REVOLVING FUNDS. (a) Eligibility of State for Capitalization Grant.--To be eligible for a capitalization grant, a State shall-- (1) establish a revolving fund that complies with the requirements of this Act; (2) establish a process for applications and criteria for making loans from the revolving fund, subject to the requirements in section 2(d); and (3) match no less than 20 percent, from non-Federal sources, of the amount of the capitalization grant provided to the State. (b) Upon Receipt of Capitalization Grant.--Upon the receipt of a capitalization grant, a State shall deposit such capitalization grant into the revolving fund of the State. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act-- (1) $150,000,000 for fiscal year 2017; and (2) such sums as may be necessary for subsequent fiscal years. (d) Distribution.--For a fiscal year, the Secretary shall apportion amounts made available for capitalization grants under this section among the States eligible under subsection (a) in the ratio that-- (1) the population of underserved communities in each State eligible under subsection (a); bears to (2) the population of underserved communities in all States eligible under subsection (a). SEC. 4. DEFINITIONS. In this Act: (1) Capitalization grant.--The term ``capitalization grant'' means a grant made to a State under the program. (2) Healthful food.--The term ``healthful food'' means food that reflects the most recent Dietary Guidelines for Americans. (3) Grocery store.--The term ``grocery store'' means a retail store that derives income primarily from the sale of food for home preparation and consumption. (4) Program.--The term ``program'' means the program described in section 2(a). (5) Program participant.--The term ``program participant'' means an entity that has received a loan under the program. (6) Revolving fund.--The term ``revolving fund'' means a fund established by a State for use as a depository for a capitalization grant. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (8) Staple food.--The term ``staple food'' has the meaning given the term in section 243(b) of the Agricultural Act of 2014 (7 U.S.C. 6953(b)). (9) State.--The term ``State'' means States of the Union, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (10) Underserved community.--The term ``underserved community'' has the meaning given the term in section 301B(g)(9)(A)(ii) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(9)(A)(ii)).

Food Deserts Act of 2016 This bill establishes a Department of Agriculture program to provide grants to states for revolving funds to support the establishment and operation of grocery stores in underserved communities. An underserved community is a community that has: (1) limited access to affordable, healthy foods, including fresh fruits and vegetables, in grocery retail stores or farmer-to-consumer direct markets; and (2) a high rate of hunger or food insecurity or a high poverty rate. States must use the funds to make loans to support grocery stores in underserved communities, including for: opening a store (excluding new construction), supporting an existing store, purchasing an existing store, or supporting a store located in a community that would be underserved without the store. States may only make loans for qualified grocery stores that: emphasize unprocessed, healthful foods; provide staple foods and a variety of raw fruits and vegetables; have a plan to keep the foods in stock; and charge prices at or below municipal averages. States must prioritize loan applications from entities that meet criteria, including: hiring workers from the underserved community, providing classes or educational information about a healthful diet, sourcing food from local urban farms and gardens, not selling alcohol or tobacco products, or demonstrating existing supply chain relationships or expertise in the grocery industry.

Food Deserts Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``CRA Restoration Act of 1999''. SEC. 2. COMMUNITY REINVESTMENT AMENDMENTS. (a) Financial Holding Companies.-- (1) In general.--Section 4(l)(1) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(l)(1)), as added by the Gramm-Leach-Bliley Act, is amended-- (A) by striking ``and'' at the end of subparagraph (B); (B) by redesignating subparagraph (C) as subparagraph (D); (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) All of the subsidiary depository institutions of the bank holding company have achieved a rating of `satisfactory record of meeting community credit needs', or better, at the most recent examination of each such institution; and''; and (D) in subparagraph (D) (as so redesignated by subparagraph (B) of this paragraph), by striking ``and (B)'' and inserting ``, (B), and (C)''. (2) Technical and conforming amendments.-- (A) Section 4(l)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(l)(2)) (as added by the Gramm- Leach-Bliley Act) is amended to read as follows: ``(2) Limited exclusions from community needs requirements for newly acquired depository institutions.--Any depository institution acquired by a bank holding company during the 12- month period preceding the submission of a notice under paragraph (1)(D) and any depository institution acquired after the submission of such notice may be excluded for purposes of paragraph (1)(C) during the 12-month period beginning on the date of such acquisition if-- ``(A) the bank holding company has submitted an affirmative plan to the appropriate Federal banking agency to take such action as may be necessary in order for such institution to achieve a rating of `satisfactory record of meeting community credit needs', or better, at the next examination of the institution; and ``(B) the plan has been accepted by such agency.''. (B) Section 4(m) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(m)), as added by the Gramm-Leach- Bliley Act, is amended by striking paragraphs (3) and (4) and inserting the following new paragraphs: ``(3) Authority to impose limitations.--Until the conditions described in a notice to a financial holding company under paragraph (1) are corrected-- ``(A) the Board may impose such limitations on the conduct or activities of the company or any affiliate of the company as the Board determines to be appropriate under the circumstances; and ``(B) the appropriate Federal banking agency may impose such limitations on the conduct or activities of an affiliated depository institution or subsidiary of a depository institution as the appropriate Federal banking agency determines to be appropriate under the circumstances. ``(4) Failure to correct.--If, after receiving a notice under paragraph (1), a financial holding company does not-- ``(A) execute and implement an agreement in accordance with paragraph (2); ``(B) comply with any limitations imposed under paragraph (3); ``(C) in the case of a notice of failure to comply with subsection (l)(1)(A), restore each depository institution subsidiary to well capitalized status before the end of the 180-day period beginning on the date such notice is received by the company (or such other period permitted by the Board); or ``(D) in the case of a notice of failure to comply with subparagraph (B) or (C) of subsection (l)(1), restore compliance with any such subparagraph by the date the next examination of the depository institution subsidiary is completed or by the end of such other period as the Board determines to be appropriate, the Board may require such company, under such terms and conditions as may be imposed by the Board and subject to such extension of time as may be granted in the Board's discretion, to divest control of any depository institution subsidiary or, at the election of the financial holding company, instead to cease to engage in any activity conducted by such company or its subsidiaries pursuant to this section.''. (C) Section 5(a) of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(a)), as amended by the Gramm- Leach-Bliley Act, is amended by striking ``4(l)(1)(C)'' and inserting ``4(l)(1)(D)''. (D) Section 8(c) of the International Banking Act of 1978 (12 U.S.C. 3106(c)), as amended by the Gramm- Leach-Bliley Act, is amended by striking ``4(l)(1)(C)'' and inserting ``4(l)(1)(D)''. (E) Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 2903) is amended by striking subsection (c), as added by the Gramm-Leach-Bliley Act. (b) Financial Subsidiaries.-- (1) In general.--Section 5136A(a)(2)(C) of the Revised Statutes of the United States (as added by the Gramm-Leach- Bliley Act) is amended to read as follows: ``(C) the national bank and each insured depository institution affiliate of the national bank-- ``(i) are well capitalized; ``(ii) are well managed: and ``(iii) have achieved a rating of `satisfactory record of meeting community credit needs', or better, at the most recent examination of each such bank or institution;''. (2) Technical and conforming amendment.--Section 5136A(a) of the Revised Statutes of the United States (as added by the Gramm-Leach-Bliley Act) is amended by adding at the end the following new paragraph: ``(8) Limited exclusions from community needs requirements for newly affiliated depository institutions.--Any depository institution which becomes an affiliate of a national bank during the 12-month period preceding the date of an approval by the Comptroller of the Currency under paragraph (1)(F) for such bank, and any depository institution which becomes an affiliate of the national bank after such date, may be excluded for purposes of paragraph (1)(C)(iii) during the 12-month period beginning on the date of such affiliation if-- ``(A) the national bank or such depository institution has submitted an affirmative plan to the appropriate Federal banking agency to take such action as may be necessary in order for such institution to achieve a rating of `satisfactory record of meeting community credit needs', or better, at the next examination of the institution; and ``(B) the plan has been accepted by such agency.''. (c) Repeal of CRA Sunshine Requirement.--The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by striking section 48 (as added by the Gramm-Leach-Bliley Act). (d) Repeal of Small Bank Stretch-Out.--The Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) is amended by striking section 809 (as added by the Gramm-Leach-Bliley Act). (e) Gramm-Leach-Bliley Act.--The Gramm-Leach-Bliley Act is amended by striking sections 713, 714, and 715.

Permits the exclusion from community needs requirements for 12 months of certain newly acquired depository institutions, if the bank holding company submits to the appropriate Federal banking agency, and the agency has approved, an affirmative plan for achieving a satisfactory record of meeting community credit needs, or better, at the institution's next examination. Amends the Revised Statutes of the United States to declare that a national bank may control, or hold an interest in a financial subsidiary only if such bank and each of its insured depository institution affiliates has achieved a rating of "satisfactory record of meeting community credit needs," or better, at its most recent examination. Permits the exclusion from community needs requirements for 12 months of certain newly affiliated depository institutions, if the national bank or depository institution submits to the appropriate Federal banking agency, and the agency has approved, an affirmative plan for achieving a satisfactory record of meeting community credit needs, or better, at the institution's next examination. Amends the Federal Deposit Insurance Act to repeal the mandate for full public disclosure and an annual status report of any agreement entered into between an insured depository institution, its affiliate, and any non-governmental party, pursuant to or in connection with the Community Reinvestment Act of 19977 (CRA), involving funds or other depository institution resources (including full text disclosure to the appropriate Federal banking regulatory agency). Amends CRA to repeal the graduated schedule of decreasing CRA examinations of certain small-sized banks commensurate with their record of meeting CRA "community credit needs". Amends the Gramm-Leach-Bliley Act to repeal: (1) the directive to the Board of Governors of the Federal Reserve System to conduct a comprehensive study of the CRA and report to Congress and the public on CRA default, delinquency, and profitability data; and (2) the requirement that the Secretary of the Treasury study and report to Congress on the extent to which adequate services are being provided as intended by the CRA.

CRA Restoration Act of 1999

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Ratification of agreement. Sec. 4. Waiver and releases of claims. Sec. 5. Satisfaction of claims. Sec. 6. Beneficiaries to agreement. Sec. 7. Jurisdiction. Sec. 8. Environmental compliance. Sec. 9. Miscellaneous provisions. SEC. 2. DEFINITIONS. In this Act: (1) Original agreement.--The term ``Original Agreement'' means the ``Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Agreement'' dated May 30, 2007, entered into by the Tribe and Fish Springs (including all exhibits to that agreement). (2) Agreement.--The term ``Agreement'' means the Pyramid Lake Paiute Tribe-Fish Springs Ranch 2013 Supplement to the 2007 Settlement Agreement dated November 20, 2013, entered into by the Tribe and Fish Springs, and all exhibits to that Agreement. (3) Environmental impact statement.--The term ``environmental impact statement'' means the final environmental impact statement for the North Valleys Rights-of- Way Projects prepared by the Bureau of Land Management (70 Fed. Reg. 68473). (4) Final payment date.--The term ``final payment date'' means 30 days after the date on which the Tribe executes the waivers, as authorized in section 4, on or before which Fish Springs shall pay to the Tribe the $3,600,000 and accumulated interest pursuant to subparagraph 4.2 of the Agreement. (5) Fish springs.--The term ``Fish Springs'' means the Fish Springs Ranch, LLC, a Nevada limited liability company (or a successor in interest). (6) Fish springs water rights.--The term ``Fish Springs water rights'' means the 14,108 acre feet of water available to Fish Springs pursuant to certificates of water rights issued to Fish Springs or its predecessors in interest by the State Engineer for the State of Nevada, copies of which are attached as Exhibit ``G'' to the Original Agreement. (7) Additional fish springs water rights.--The term ``additional Fish Springs water rights'' means the rights to pump and transfer up to 5,000 acre feet per year of Fish Springs water rights in excess of 8,000 acre feet per year, up to a total of 13,000 acre feet per year, pursuant to Ruling No. 3787 signed by the State Engineer for the State of Nevada on March 1, 1991, and Supplemental Ruling on Remand No. 3787A signed by the State Engineer for the State of Nevada on October 9, 1992. (8) Honey lake valley basin.--The term ``Honey Lake Valley Basin'' means the Honey Lake Valley Hydrographic Basin described as Nevada Hydrographic Water Basin 97. (9) Project.--The term ``Project'' means the project for pumping within Honey Lake Valley Basin and transfer outside of the basin by Fish Springs of not more than 13,000 acre feet per year of Fish Springs water rights, including-- (A) not more than 8,000 acre feet as described in the environmental impact statement (but not the Intermountain Water Supply, Ltd., Project described in the environmental impact statement) and the record of decision; (B) up to the 5,000 acre feet of additional Fish Springs water rights; and (C) the rights and approvals for Fish Springs to pump and transfer up to said 13,000 acre feet of groundwater per year. (10) Record of decision.--The term ``record of decision'' means the public record of the decision of the District Manager of the United States Bureau of Land Management's Carson City District in the State of Nevada issued on May 31, 2006, regarding the environmental impact statement and the Project. (11) Secretary.--The term ``Secretary'' means the Secretary of the Interior (or a designee of the Secretary). (12) Tribe.--The term ``Tribe'' means the Pyramid Lake Paiute Tribe of Indians organized under section 16 of the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act''; 25 U.S.C. 476). (13) Truckee river operating agreement.--The term ``Truckee River Operating Agreement'' means-- (A) the September 6, 2008, Truckee River Operating Agreement negotiated for the purpose of carrying out the terms of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act (Public Law 101-618); and (B) any final, signed version of the Truckee River Operating Agreement that becomes effective under the terms of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act. SEC. 3. RATIFICATION OF AGREEMENT. (a) In General.--Except to the extent that a provision of the Agreement conflicts with this Act, the Agreement is authorized and ratified. (b) Waiver and Retention of Claims.--Notwithstanding any provision of the Agreement, any waiver or retention of a claim by the Tribe relating to the Agreement shall be carried out in accordance with section 4. (c) Compliance With Applicable Law.--This section, the Original Agreement, and the Agreement satisfy all applicable requirements of section 2116 of the Revised Statutes (25 U.S.C. 177). SEC. 4. WAIVER AND RELEASES OF CLAIMS. (a) Waiver and Release of Claims by Tribe Against Fish Springs.--In return for benefits to the Tribe as set forth in the Original Agreement, the Agreement, and this Act, the Tribe, on behalf of itself and the members of the Tribe, is authorized to execute a waiver and release against Fish Springs of the following: (1) All rights under Federal, State, and other law to challenge the validity, characteristics, or exercise of the Project or use of Fish Springs water rights (including additional Fish Springs water rights), including the right to assert a senior priority against or to place a call for water on the Project or Fish Springs water rights (including additional Fish Springs water rights) regardless of the extent to which the Tribe has a water right or in the future establishes a water right that is senior to the Project or Fish Springs water rights (including additional Fish Springs water rights). (2) All claims for damages, losses, or injuries to the Tribe's water rights or claims of interference with, diversion of, or taking of the Tribe's water rights, including-- (A) claims for injury to lands or resources resulting from such damages, losses, injuries, or interference with, diversion of, or taking of tribal water rights under the Agreement or Original Agreement; and (B) claims relating to the quality of water underlying the Pyramid Lake Indian Reservation that are related to use of Fish Springs water rights (including additional Fish Springs water rights) by the Project or the implementation or operation of the Project in accordance with the Agreement or Original Agreement. (3) All claims that would impair, prevent, or interfere with one or more of the following: (A) Implementation of the Project pursuant to the terms of the Agreement or Original Agreement. (B) Deliveries of water by the Project pursuant to the terms of-- (i) the Agreement; (ii) the Original Agreement; or (iii) the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs. (C) Assignments of water rights credits pursuant to the terms of the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs. (4) All claims against Fish Springs relating in any manner to the negotiation or adoption of the Agreement or the Original Agreement. (b) Reservation of Rights and Retention of Claims by Tribe Against Fish Springs.--The Tribe, on its own behalf and on behalf of the members of the Tribe, shall retain against Fish Springs the following: (1) All claims for enforcement of the Agreement, the Original Agreement or this Act through such remedies as are available in the U.S. District Court for the District of Nevada. (2) Subject to the right of Fish Springs to carry out the Project, and subject to the waiver and release by the Tribe in subsection (a)-- (A) the right to assert and protect any right of the Tribe to surface or groundwater and any other trust resource, including the right to assert a senior priority against or to place a call for water on any water right other than against the Project or Fish Springs water rights; (B) all rights to establish, claim or acquire a water right in accordance with applicable law and to use and protect any water right acquired after the date of the enactment of this Act that is not in conflict with the Agreement, the Original Agreement or this Act; and (C) all other rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to this Act and the Agreement. (3) The right to enforce-- (A) the Tribe's rights against any party to the Truckee River Operating Agreement; (B) the Tribe's rights against any party to the Truckee River Water Quality Settlement Agreement; and (C) whatever rights exist to seek compliance with any permit issued to any wastewater treatment or reclamation facility treating wastewater generated by users of Project water. (4) The right to seek to have enforced the terms of any permit or right-of-way across Federal lands issued to Fish Springs for the Project and Project water. (c) Waiver and Release of Claims by the Tribe Against the United States.--In return for the benefits to the Tribe as set forth in the Agreement, the Original Agreement, and this Act, the Tribe, on behalf of itself and the members of the Tribe, is authorized to execute a waiver and release of all claims against the United States, including the agencies and employees of the United States, related to the Project and Fish Springs water rights (including additional Fish Springs water rights) that accrued at any time before and on the date that Fish Springs makes the payment to the Tribe as provided in paragraph 4 of the Agreement for damages, losses or injuries that are related to-- (1) the Project, Fish Springs water rights (including additional Fish Springs water rights), and the implementation, operation, or approval of the Project, including claims related to-- (A) loss of water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, and gathering rights due to loss of water, water rights or subordination of water rights) resulting from the Project or Fish Springs water rights (including additional Fish Springs water rights); (B) interference with, diversion, or taking of water resulting from the Project; or (C) failure to protect, acquire, replace, or develop water, water rights, or water infrastructure as a result of the Project or Fish Springs water rights (including additional Fish Springs water rights); (2) the record of decision, the environmental impact statement, the Agreement or the Original Agreement; (3) claims the United States, acting as trustee for the Tribe or otherwise, asserted, or could have asserted in any past proceeding related to the Project; (4) the negotiation, execution, or adoption of the Agreement, the Original Agreement, or this Act; (5) the Tribe's use and expenditure of funds paid to the Tribe under the Agreement or the Original Agreement; (6) the Tribe's acquisition and use of land under the Original Agreement; and (7) the extinguishment of claims, if any, and satisfaction of the obligations of the United States on behalf of the Tribe as set forth in subsection (e). (d) Reservation of Rights and Retention of Claims by Tribe Against the United States.--Notwithstanding the waivers and releases authorized in this Act, the Tribe, on behalf of itself and the members of the Tribe, shall retain against the United States the following: (1) All claims for enforcement of this Act through such legal and equitable remedies as are available in the U.S. District Court for the District of Nevada. (2) The right to seek to have enforced the terms of any permit or right-of-way across Federal lands issued to Fish Springs for the Project and Project water. (3) Subject to the right of Fish Springs to carry out the Project, all other rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to this Act and the Agreement. (e) Extinguishment of Waived and Released Claims.--Upon execution of the waiver and releases by the Tribe pursuant to subsections (a) and (c) and upon final payment by Fish Springs pursuant to the terms of the Agreement, the United States acting on behalf of the Tribe shall have no right or obligation to bring or assert any claims waived and released by the Tribe as set forth in subsection (a). Upon the effective date of the waivers and releases of claims authorized, the waived and released claims as set forth in subsection (a) are extinguished. (f) No United States Liability for Waived Claims.--The United States shall bear no liability for claims waived and released by the Tribe pursuant to this Act. (g) United States Reservation of Rights.--Nothing in this Act shall affect any rights, remedies, privileges, immunities, or powers of the United States, including the right to enforce the terms of the right- of-way across Federal lands for the Project granted by the Secretary to Fish Springs pursuant to the Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), with the exception that the United States may not assert any claim on the Tribe's behalf that is extinguished pursuant to subsection (e). (h) Effective Date of Waivers and Releases of Claims.--The waivers and releases authorized under subsections (a) and (c) shall take effect on the day Fish Springs makes the payment to the Tribe as provided in subparagraph 4.2 of the Agreement. SEC. 5. SATISFACTION OF CLAIMS. (a) In General.--The benefits provided to the Tribe under the Agreement, the Original Agreement, and this Act shall be considered to be full satisfaction of all claims of the Tribe waived and released pursuant to section 4 and pursuant to the Original Agreement and any claims the United States might make on behalf of the Tribe that are extinguished pursuant to section 4. (b) Effect of Failure To Execute Waivers and Releases.--If the Tribe fails to execute the waivers and releases as authorized by this Act within 60 days after the date of the enactment of this Act, this Act and the Agreement shall be null and void. SEC. 6. BENEFICIARIES TO AGREEMENT. (a) Requirement.--The beneficiaries to the Agreement shall be limited to-- (1) the parties to the Agreement; (2) any municipal water purveyor that provides Project water for wholesale or retail water service to the area serviced by the Project; (3) any water purveyor that obtains the right to use Project water for purposes other than serving retail or wholesale customers; and (4) any assignee of Water Rights Credits for Project water pursuant to the terms of the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs. (b) Prohibition.--Except as provided in subsection (a), nothing in the Agreement or this Act provides to any individual or entity third- party beneficiary status relating to the Agreement. SEC. 7. JURISDICTION. Jurisdiction over any civil action relating to the enforcement of the Agreement, the Original Agreement, or this Act shall be vested in the United States District Court for the District of Nevada. SEC. 8. ENVIRONMENTAL COMPLIANCE. Nothing in this Act precludes the United States or the Tribe, when delegated regulatory authority, from enforcing Federal environmental laws, including-- (1) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) including claims for damages for harm to natural resources; (2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (4) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); and (5) any regulation implementing one or more of the Acts listed in paragraphs (1) through (4). SEC. 9. MISCELLANEOUS PROVISIONS. (a) No Establishment of Standard.--Nothing in this Act establishes a standard for the quantification of a Federal reserved water right or any other claim of an Indian tribe other than the Tribe in any other judicial or administrative proceeding. (b) Other Claims.--Nothing in the Agreement, the Original Agreement, or this Act quantifies or otherwise adversely affects any water right, claim, or entitlement to water, or any other right of any Indian tribe, band, or community other than the Tribe.

. Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act - (Sec. 3) Authorizes and ratifies the Pyramid Lake Paiute Tribe-Fish Springs Ranch 2013 Supplement to the 2007 Settlement Agreement, dated November 20, 2013, and entered into by the Tribe and the Fish Springs Ranch (Agreement). (Sec. 4) Authorizes the Tribe, in return for the benefits set forth in the 2007 Settlement Agreement (Original Agreement), the Agreement, and this Act, to execute a waiver and release against Fish Springs of: all legal rights to challenge the validity, characteristics, or exercise of specified Fish Springs water rights or the project to pump up to 13,000 acre feet per year of such water rights from the Honey Lake Valley Basin for transfer outside of the basin (Project); all claims for damages, losses, or injuries to the Tribe's water rights or claims of interference with, diversion of, or taking of the Tribe's water rights; all claims that would impair, prevent, or interfere with implementation of the Project pursuant to the Agreement or Original Agreement, deliveries of water by the Project pursuant to those Agreements or a Water Banking Trust Agreement between Washoe County and Fish Springs, or assignments of water credits pursuant to such Trust Agreement; and all claims against Fish Springs relating to the negotiation or adoption of the Agreement or the Original Agreement. Authorizes the Tribe, in return for the benefits set forth in the Original Agreement, the Agreement, and this Act, to execute a waiver and release of all claims against the United States that accrued at any time before and on the date that Fish Springs makes the payment to the Tribe as provided in the Agreement for damages, losses, or injuries that are related to: the Project or specified Fish Springs water rights; the Agreement, the Original Agreement, the final environmental impact statement for the North Valleys Rights-of-Way Projects, or the record of decision regarding that impact statement; claims the United States asserted or could have asserted in any past proceeding related to the Project; the negotiation, execution, or adoption of the Agreement, the Original Agreement, or this Act; the Tribe's use and expenditure of funds paid to the Tribe under the Agreement or the Original Agreement; the Tribe's acquisition and use of land under the Original Agreement; and the extinguishment of the claims, if any, that the Tribe waives and releases pursuant to this Act. Lists the claims and rights that the Tribe retains against Fish Springs and the United States. Provides that the United States has no right or obligation to bring or assert, on behalf of the Tribe, the claims waived and released by the Tribe after Fish Springs makes the payment to the Tribe as provided in the Agreement. (Sec. 5) Makes this Act and the Agreement null and void if the Tribe fails to execute, within 60 days of this Act's enactment, the waivers and releases authorized by this Act. (Sec. 6) Limits the Agreement's beneficiaries to its parties, certain purveyors of Project water, and any assignee of Water Rights Credits for Project water pursuant to a Water Banking Trust Agreement between Washoe County and Fish Springs. (Sec. 7) Vests jurisdiction over any civil action relating to the enforcement of the Agreement, the Original Agreement, or this Act in the United States District Court for the District of Nevada.

Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Custody Reform Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) parents who do not find a child custody ruling to their liking in one State will often start a custody proceeding in another State in the hope of obtaining a more favorable ruling; (2) although Federal and State child custody jurisdictional laws were established to prevent this situation, gaps still exist that allow for confusion and differing interpretations by various State courts, and which lead to separate and inconsistent custody rulings between States; (3) in the event that a different ruling is handed down in the second State's court, the problem then arises of which court has jurisdiction, and which ruling should be granted full faith and credit under the Parental Kidnapping Prevention Act of 1980; (4) changes in the Parental Kidnapping Prevention Act of 1980 must be made that will provide a remedy for cases where conflicting State rulings exist-- (A) to prevent different rulings from occurring in the first instance by clarifying provisions with regard to continuing State jurisdiction to modify a child custody order; and (B) to assist the courts in this task by establishing a centralized, nationwide child custody database; and (5) in the absence of such changes, parents will continue to engage in the destructive practice of moving children across State borders to escape a previous custody ruling or arrangement, and will continue to use their helpless children as pawns in their efforts at personal retribution. SEC. 3. MODIFICATION OF REQUIREMENTS FOR COURT JURISDICTION. Section 1738A of title 28, United States Code, is amended-- (1) by amending subsection (d) to read as follows: ``(d)(1) Subject to paragraph (2), the jurisdiction of a court of a State that has made a child custody determination in accordance with this section continues as long as such State remains the residence of the child or of any contestant. ``(2) Continuing jurisdiction under paragraph (1) shall be subject to any applicable provision of law of the State that issued the initial custody determination in accordance with this section, when such State law establishes limitations on continuing jurisdiction when a child is absent from such State.''; (2) in subsection (f)-- (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (1), respectively; and (B) in paragraph (1), as so redesignated, by inserting ``pursuant to subsection (d),'' after ``the court of the other State no longer has jurisdiction,''; and (3) in subsection (g), by inserting ``or continuing jurisdiction'' after ``exercising jurisdiction''. SEC. 4. ESTABLISHMENT OF NATIONAL CHILD CUSTODY REGISTRY. Section 453 of the Social Security Act (42 U.S.C. 653) is amended by adding at the end the following new subsection: ``(g)(1) Subject to the availability of appropriations, the Secretary of Health and Human Services, in cooperation with the Attorney General, shall expand the Federal Parent Locator Service established under this section, to establish a national network to allow State courts to identify every proceeding relating to child custody jurisdiction filed before any court of the United States or of any State. Information identifying custody determinations from other countries will also be accepted for filing in the registry. ``(2) As used in this subsection-- ``(A) the term `information' includes-- ``(i) the court or jurisdiction where a custody determination is filed; ``(ii) the name of the presiding officer of the issuing court; ``(iii) the names and social security numbers of the parties; ``(iv) the name, date of birth, and social security numbers of each child; and ``(v) the status of the case; ``(B) the term `custody determination' has the same meaning given such term in section 1738A of title 28, United States Code; ``(C) the term `custody proceeding'-- ``(i) means a proceeding in which a custody determination is one of several issues, such as a proceeding for divorce or separation, as well as neglect, abuse, dependency, wardship, guardianship, termination of parental rights, adoption, protection from domestic violence, and Hague Child Abduction Convention proceedings; and ``(ii) does not include a judgment, decree, or other order of a court regarding paternity or relating to child support or any other monetary obligation of any person, or a decision made in a juvenile delinquency, status offender, or emancipation proceeding. ``(3) The Secretary of Health and Human Services, in cooperation with Attorney General, shall promulgate regulations to implement this section. ``(4) There are authorized to be appropriated such sums as are necessary to carry out this subsection.''. SEC. 5. SENSE OF SENATE REGARDING SUPERVISED VISITATION CENTERS. It is the sense of the Senate that local governments should take full advantage of the Local Crime Prevention Block Grant Program established under subtitle B of title III of the Violent Crime Control and Law Enforcement Act of 1994, to establish supervised visitation centers for children who have been removed from their parents and placed outside the home as a result of abuse or neglect or other risk of harm to them, and for children whose parents are separated or divorced and the children are at risk because of physical or mental abuse or domestic violence.

Child Custody Reform Act of 1995 - Revises provisions of the Federal judicial code (regarding full faith and credit given to child custody determinations) to provide that the jurisdiction of a court of a State that has made a child custody determination continues as long as such State remains the residence of the child or of any contestant. Specifies that such continuing jurisdiction shall be subject to any applicable provision of law of the State that issued the initial custody determination when such State law establishes limitations on continuing jurisdiction when a child is absent from such State. Amends the Social Security Act to require the Secretary of Health and Human Services to expand the Federal Parent Locator Service to establish a national network to allow State courts to identify every proceeding relating to child custody jurisdiction filed before any court of the United States or of any State. Specifies that information identifying custody determinations from other countries will also be accepted for filing in the registry. Authorizes appropriations. Expresses the sense of the Senate that local governments should take full advantage of the Local Crime Prevention Block Grant Program (established under the Violent Crime Control and Law Enforcement Act of 1994) to establish supervised visitation centers for children who have been removed from their parents and placed outside the home as a result of abuse or neglect or other risk of harm to them, and for children whose parents are separated or divorced and the children are at risk because of physical or mental abuse or domestic violence.

Child Custody Reform Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Advocate Act of 2008''. SEC. 2. PATIENT ASSISTANCE GRANTS DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Health and Human Services shall establish a demonstration program under which the Secretary may make grants to State, local and tribal entities, and public or private non- profit organizations for the development and operation of programs to provide services for patients to resolve health insurance, job retention, and debt crisis matters related to the patients' diagnosis and illness, including services described in subsection (b) to improve health care outcomes. (b) Use of Funds.--A recipient of a grant under this section shall use the grant for the purposes of recruiting, assigning, training, and employing patient health advocates (as defined in subsection (m)(2)) who have direct knowledge of the communities they serve to facilitate the care of individuals, including by performing each of the following services (and by ensuring that such services are available to such communities): (1) Acting as contacts, including by assisting in the coordination of health care services and provider referrals, for individuals who are seeking prevention or early detection services for, or who following a screening or early detection service are found to have a symptom, abnormal finding, or diagnosis of, an adverse health condition. (2) Facilitating the involvement of community organizations in assisting individuals who are at risk for or who have an adverse health condition to receive better access to high- quality health care services (such as by creating partnerships with patient advocacy groups, charities, health care centers, community hospice centers, other health care providers, or other organizations in the targeted community). (3) Notifying individuals of clinical trials and, on request, facilitating enrollment of eligible individuals in these trials. (4) Anticipating, identifying, and helping individuals to overcome barriers within the health care system to ensure prompt diagnosis and treatment. (5) Coordinating with the relevant health insurance ombudsman programs to provide information to individuals about health coverage, including private insurance, health care savings accounts, and other publicly funded programs (such as the Medicare, the Medicaid, and State children's health insurance programs under titles XVIII, XIX, and XXI of the Social Security Act, respectively, health programs operated by the Department of Veterans Affairs or the Department of Defense, and any private or governmental prescription assistance programs). (6) Conducting ongoing outreach to health disparity populations, including the uninsured, rural populations, and other medically underserved populations, in addition to assisting other individuals to seek preventive care. A recipient of a grant under subsection (a) may use such grant for operational costs of any activity carried out by such entity for the purposes described in the previous sentence. (c) Prohibitions.-- (1) Referral fees.--The Secretary of Health and Human Services shall require each recipient of a grant under this section to prohibit any patient health advocate providing services under the grant from accepting any referral fee, kickback, or other thing of value in return for referring an individual to a particular health care provider. (2) Legal fees and costs.--The Secretary of Health and Human Services shall prohibit the use of any grant funds received under this section to pay any fees or costs resulting from any litigation, arbitration, mediation, or other proceeding to resolve a legal dispute. (d) Grant Period.-- (1) Initial grant period and permissible extensions.-- Subject to paragraph (2), the Secretary of Health and Human Services-- (A) may award grants under this section for initial periods of not more than 3 years; and (B) may extend the period of a grant under this section so long as each such extension is for a period of not more than 1 year. (2) Limitation.--In no case may the Secretary award an initial grant or extend the period of a grant under this section for a period ending after the date that is 5 years after the date of the enactment of this Act. (e) Application.-- (1) In general.--To seek a grant under this section, an entity or organization described in subsection (a) shall submit an application to the Secretary of Health and Human Services in such form, in such manner, and containing such information as the Secretary may require. (2) Contents.--At a minimum, the Secretary shall require each such application to outline how the entity or organization involved will establish baseline measures and benchmarks that meet the Secretary's requirements to evaluate program outcomes. (f) Uniform Baseline Measures.--The Secretary of Health and Human Services shall establish uniform baseline measures in order to properly evaluate the impact of the programs funded under this section. (g) Preference.--In making grants under this section, the Secretary of Health and Human Services shall give preference to eligible entities that demonstrate in their applications plans to utilize services described in subsection (b) to overcome significant barriers in order to improve health care outcomes in their respective communities. (h) Duplication of Services.--An entity or organization that is receiving Federal funds for services described in subsection (b) on the date on which the entity or organization, respectively, submits an application under subsection (e) may not receive a grant under this section unless the entity or organization, respectively, can demonstrate that amounts received under the grant will be utilized to expand services or provide new services to individuals who would not otherwise be served. (i) Coordination With Other Programs.--The Secretary of Health and Human Services shall ensure coordination of the demonstration program under this section with existing authorized programs in order to facilitate access to high-quality health care services. (j) Study; Reports.-- (1) Final report by secretary.--Not later than 6 months after the completion of the demonstration program under this section, the Secretary of Health and Human Services shall conduct a study of the results of the program and submit to the Congress a report on such results that includes the following: (A) An evaluation of the program outcomes, including-- (i) quantitative analysis of baseline and benchmark measures; and (ii) aggregate information about the individuals served and program activities. (B) Recommendations on whether the programs funded under this section could be used to improve patient outcomes in other public health areas. (2) Interim reports by secretary.--The Secretary of Health and Human Services may provide interim reports to the Congress on the demonstration program under this section at such intervals as the Secretary determines to be appropriate. (3) Reports by grantees.--The Secretary of Health and Human Services may require each recipient of a grant under this section to submit interim and final reports on the programs carried out by such recipient with such grant. (k) Rule of Construction.--This section shall not be construed to authorize funding for the delivery of health care services (other than the services listed in subsection (b)). (l) Nondiscrimination.-- (1) Treatment as federal financial assistance.--For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), on the basis of sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs and activities funded or otherwise financially assisted in whole or in part under this Act (whether through grant, contract, or otherwise) are considered to be programs and activities receiving Federal financial assistance. (2) Prohibition of discrimination regarding participation, benefits, and employment.-- (A) In general.--No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any program or activity funded or otherwise financially assisted in whole or in part under this Act because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. (B) Enforcement.--The powers, remedies, and procedures set forth in title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) shall be the powers, remedies, and procedures this paragraph provides to the Secretary concerning a violation of subparagraph (A). (m) Definitions.--In this section: (1) Health disparity population.--The term ``health disparity population'' means a population that, as determined by the Secretary of Health and Human Services, has a significant disparity in the overall rate of disease incidence, prevalence, morbidity, mortality, or survival rates as compared to the health status of the general population. (2) Patient health advocate.--The term ``patient health advocate'' means, with respect to a program developed by a recipient of a grant under this section, an individual who has completed a certified social work program (or program in a related field) approved by such recipient, or has attained an equivalent level of proficiency through organization-sponsored training or work experience in areas of social work, case work, or nursing. (n) Authorization of Appropriations.-- (1) In general.--To carry out this section, there are authorized to be appropriated $10,000,000 for each of the fiscal years 2009 through 2013 . (2) Availability.--The amounts appropriated pursuant to paragraph (1) shall remain available for obligation through the end of fiscal year 2013.

Patient Advocate Act of 2008 - Requires the Secretary of Health and Human Services to establish a demonstration program under which the Secretary may make grants for the development and operation of programs to provide services for patients to resolve health insurance, job retention, and debt crisis matters related to the patients' diagnosis and illness. Includes as services to be provided by grant recipients: (1) acting as contacts for individuals who are seeking prevention or early detection services or treatment for an adverse health condition; (2) facilitating the involvement of community organizations in assisting individuals to receive better access to high-quality health care services; (3) notifying individuals of clinical trials and facilitating enrollment of individuals in trials; (4) anticipating, identifying, and helping individuals to overcome barriers within the health care system to ensure prompt diagnosis and treatment; (5) coordinating with the relevant health insurance ombudsman programs to provide information to individuals about health coverage; and (6) conducting ongoing outreach to health disparity populations in addition to assisting other individuals to seek preventive care. Directs the Secretary to: (1) require grantees to prohibit any patient health advocate providing services under the grant from accepting any referral fee, kickback, or other thing of value in return for referring an individual to a particular health care provider; and (2) prohibit the use of any grant funds to pay any fees or costs resulting from any proceeding to resolve a legal dispute. Sets forth provisions prohibiting discrimination in any program or activities funded or otherwise financially assisted under this Act.

To require the Secretary of Health and Human Services to carry out a demonstration grants program to provide for certain patient coordination, outreach, and assistance services to reduce barriers to receiving health care and improve health care outcomes.

SECTION 1. DEMONSTRATION PROJECT ON PRIORITIES IN SCHEDULING OF APPOINTMENTS OF VETERANS FOR HEALTH CARE THROUGH THE DEPARTMENT OF VETERANS AFFAIRS. (a) Project Required.--The Secretary of Veterans Affairs shall carry out a demonstration project to assess the feasibility and advisability of providing for priorities in the scheduling of appointments of veterans for health care through the Department of Veterans Affairs in accordance with the following: (1) The Department of Veterans Affairs Waiting Time for Appointments goals (30-30-20) of 2000. (2) The provisions of the Veterans Health Administration directive entitled ``Priority For Outpatient Medical Services and Inpatient Hospital Care'' (VHA Directive 2002-059). (3) The provisions of the Veterans Health Administration directive entitled ``Priority Scheduling for Outpatient Medical Services and Inpatient Hospital Care for Service Connected Veterans'' (VHA Directive 2003-062), dated October 23, 2003. (b) Period of Project.--The Secretary shall carry out the demonstration project during the two-year period beginning on October 1, 2004. (c) Locations of Project.--(1) The Secretary shall carry out the demonstration project throughout each of three Veterans Integrated Service Networks (VISNs) selected by the Secretary for purposes of the project. (2) In selecting Veterans Integrated Service Networks under paragraph (1), the Secretary shall ensure that the project is carried out in urban, rural, and highly rural areas. (d) Project Requirements and Authorities.--(1) Except as provided in paragraphs (2) and (3), in carrying out the demonstration project the Secretary shall schedule appointments for veterans for outpatient medical services and inpatient hospital care through the Department in accordance with the goals and directives referred to in subsection (a). (2) The veterans covered by the demonstration project shall include any veterans residing in a Veterans Integrated Service Network covered by the project, whether new or current enrollees with the Department and including veterans with service-connected disabilities and veterans with non-service-connected disabilities. (3) The Secretary shall schedule each appointment under the demonstration project in a Department facility unless, as determined by the Secretary-- (A) the cost of scheduling the appointment in a Department facility exceeds the cost of scheduling the appointment in a non-Department facility to an unreasonable degree; or (B) the scheduling of the appointment in a non-Department facility is required for medical or other reasons. (4) In carrying out the demonstration project, the Secretary may utilize the Preferred Pricing Program (PPP) of the Department, or similar programs or authorities, in the locations covered by the project. (5) In this subsection, the terms ``Department facility'' and ``non-Department facility'' have the meaning given such terms in section 1701 of title 38, United States Code. (e) Annual Reports on Waiting Times for Appointments for Care and Services.--(1) Not later than January 31 each year, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the waiting times of veterans for appointments for health care and services from the Department during the preceding year. (2) Each report under paragraph (1) shall specify, for the year covered by the report, the following: (A) A tabulation of the waiting time of veterans for appointments with the Department for each category of primary or specialty care or services furnished by the Department, broken out by particular Department facility and by Veterans Integrated Service Network. (B) An identification of the categories of specialty care or services for which there are lengthy delays for appointments at particular Department facilities or throughout particular Veterans Integrated Service Networks, and, for each category so identified, recommendations for the reallocation of personnel, financial, and other resources to address such delays. (f) Report on Project.--The report under subsection (e) in 2007 shall also include information on the demonstration project under this section. That information shall include-- (1) a description of the project, including the Veterans Integrated Service Networks selected for the project, the number of veterans covered by the project, the number and timeliness of appointments scheduled under the project, and the costs of carrying out the project; (2) an assessment of the feasibility and advisability of implementing the project nationwide; and (3) such other information with respect to the project as the Secretary considers appropriate.

Requires the Secretary of Veterans Affairs to: (1) carry out a demonstration project to assess the feasibility and advisability of providing for priorities in scheduling appointments for health care through the Department of Veterans Affairs in accordance with the Department's Waiting Time for Appointments goals (30-30-20) of 2000 and the provisions of the Veterans Health Administration directives entitled Priority for Outpatient Medical Services and Inpatient Hospital Care (VHA Directive 2002-059) and Priority Scheduling for Outpatient Medical Services and Inpatient Hospital Care for Service Connected Veterans (VHA Directive 2003-062); (2) select three Veterans Integrated Service Networks for the project and ensure that the project is carried out in urban, rural, and highly rural areas; (3) schedule each appointment under the project at a Department facility unless the cost is unreasonable or medical or other reasons necessitate an appointment at a non-Department facility. Requires the Secretary to report to the Committees on Veterans' Affairs in the Senate and the House of Representatives annually on waiting times of veterans for Department health care appointments.

A bill to require the Secretary of Veterans Affairs to carry out a demonstration project on priorities in the scheduling of appointments of veterans for health care through the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Botnet Prevention Act of 2016''. SEC. 2. SHUTTING DOWN BOTNETS. (a) Amendment.--Section 1345 of title 18, United States Code, is amended-- (1) in the heading, by inserting ``and abuse'' after ``fraud''; (2) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (B), by striking ``or'' at the end; (ii) in subparagraph (C), by inserting ``or'' after the semicolon; and (iii) by inserting after subparagraph (C) the following: ``(D) violating or about to violate section 1030(a)(5) of this title where such conduct has caused or would cause damage (as defined in section 1030) without authorization to 100 or more protected computers (as defined in section 1030) during any 1-year period, including by-- ``(i) impairing the availability or integrity of the protected computers without authorization; or ``(ii) installing or maintaining control over malicious software on the protected computers that, without authorization, has caused or would cause damage to the protected computers;''; and (B) in paragraph (2), by inserting ``, a violation described in subsection (a)(1)(D),'' before ``or a Federal''; and (3) by adding at the end the following: ``(c) A restraining order, prohibition, or other action described in subsection (b), if issued in circumstances described in subsection (a)(1)(D), may, upon application of the Attorney General-- ``(1) specify that no cause of action shall lie in any court against a person for complying with the restraining order, prohibition, or other action; and ``(2) provide that the United States shall pay to such person a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in complying with the restraining order, prohibition, or other action.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 63 of title 18, United States Code, is amended by striking the item relating to section 1345 and inserting the following: ``1345. Injunctions against fraud and abuse.''. SEC. 3. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE COMPUTER. (a) In General.--Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following: ``Sec. 1030A. Aggravated damage to a critical infrastructure computer ``(a) Offense.--It shall be unlawful, during and in relation to a felony violation of section 1030, to knowingly cause or attempt to cause damage to a critical infrastructure computer, if such damage results in (or, in the case of an attempted offense, would, if completed, have resulted in) the substantial impairment-- ``(1) of the operation of the critical infrastructure computer; or ``(2) of the critical infrastructure associated with such computer. ``(b) Penalty.--Any person who violates subsection (a) shall, in addition to the term of punishment provided for the felony violation of section 1030, be fined under this title, imprisoned for not more than 20 years, or both. ``(c) Consecutive Sentence.--Notwithstanding any other provision of law-- ``(1) a court shall not place any person convicted of a violation of this section on probation; ``(2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony violation of section 1030; ``(3) in determining any term of imprisonment to be imposed for the felony violation of section 1030, a court shall not in any way reduce the term to be imposed for such violation to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ``(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, if such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28. ``(d) Definitions.--In this section-- ``(1) the terms `computer' and `damage' have the meanings given the terms in section 1030; and ``(2) the term `critical infrastructure' means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have catastrophic regional or national effects on public health or safety, economic security, or national security.''. (b) Table of Sections.--The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following: ``1030A. Aggravated damage to a critical infrastructure computer.''. SEC. 4. STOPPING TRAFFICKING IN BOTNETS. (a) In General.--Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (7), by adding ``or'' at the end; and (B) by inserting after paragraph (7) the following: ``(8) intentionally traffics in the means of access to a protected computer, if-- ``(A) the trafficker knows or has reason to know the protected computer has been damaged in a manner prohibited by this section; and ``(B) the promise or agreement to pay for the means of access is made by, or on behalf of, a person the trafficker knows or has reason to know intends to use the means of access to-- ``(i) damage the protected computer in a manner prohibited by this section; or ``(ii) violate section 1037 or 1343;''; (2) in subsection (c)(3)-- (A) in subparagraph (A), by striking ``(a)(4) or (a)(7)'' and inserting ``(a)(4), (a)(7), or (a)(8)''; and (B) in subparagraph (B), by striking ``(a)(4), or (a)(7)'' and inserting ``(a)(4), (a)(7), or (a)(8)''; (3) in subsection (e)-- (A) in paragraph (11), by striking ``and'' at the end; (B) in paragraph (12), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(13) the term `traffic', except as provided in subsection (a)(6), means transfer, or otherwise dispose of, to another as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value.''; and (4) in subsection (g), in the first sentence, by inserting ``, except for a violation of subsection (a)(8),'' after ``of this section''.

Botnet Prevention Act of 2016 This bill amends the federal criminal code to expand prohibited conduct and increase criminal penalties with respect to cybercrime involving damage to computer networks.

Botnet Prevention Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifetime Income Disclosure Act''. SEC. 2. DISCLOSURE REGARDING LIFETIME INCOME. (a) In General.--Subparagraph (B) of section 105(a)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)(2)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii), by striking ``diversification.'' and inserting ``diversification, and''; and (3) by inserting at the end the following: ``(iii) the lifetime income disclosure described in subparagraph (D)(i). In the case of pension benefit statements described in clause (i) of paragraph (1)(A), a lifetime income disclosure under clause (iii) of this subparagraph shall be required to be included in only one pension benefit statement during any one 12-month period.''. (b) Lifetime Income.--Paragraph (2) of section 105(a) of such Act (29 U.S.C. 1025(a)) is amended by adding at the end the following new subparagraph: ``(D) Lifetime income disclosure.-- ``(i) In general.-- ``(I) Disclosure.--A lifetime income disclosure shall set forth the lifetime income stream equivalent of the total benefits accrued with respect to the participant or beneficiary. ``(II) Lifetime income stream equivalent of the total benefits accrued.--For purposes of this subparagraph, the term `lifetime income stream equivalent of the total benefits accrued' means the amount of monthly payments the participant or beneficiary would receive if the total accrued benefits of such participant or beneficiary were used to provide lifetime income streams described in subclause (III), based on assumptions specified in rules prescribed by the Secretary. ``(III) Lifetime income streams.-- The lifetime income streams described in this subclause are a qualified joint and survivor annuity (as defined in section 205(d)), based on assumptions specified in rules prescribed by the Secretary, including the assumption that the participant or beneficiary has a spouse of equal age, and a single life annuity. Such lifetime income streams may have a term certain or other features to the extent permitted under rules prescribed by the Secretary. ``(ii) Model disclosure.--Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act, the Secretary shall issue a model lifetime income disclosure, written in a manner so as to be understood by the average plan participant, that-- ``(I) explains that the lifetime income stream equivalent is only provided as an illustration; ``(II) explains that the actual payments under the lifetime income stream described in clause (i)(III) that may be purchased with the total benefits accrued will depend on numerous factors and may vary substantially from the lifetime income stream equivalent in the disclosures; ``(III) explains the assumptions upon which the lifetime income stream equivalent was determined; and ``(IV) provides such other similar explanations as the Secretary considers appropriate. ``(iii) Assumptions and rules.--Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act, the Secretary shall-- ``(I) prescribe assumptions that administrators of individual account plans may use in converting total accrued benefits into lifetime income stream equivalents for purposes of this subparagraph; and ``(II) issue interim final rules under clause (i). In prescribing assumptions under subclause (I), the Secretary may prescribe a single set of specific assumptions (in which case the Secretary may issue tables or factors that facilitate such conversions), or ranges of permissible assumptions. To the extent that an accrued benefit is or may be invested in a lifetime income stream described in clause (i)(III), the assumptions prescribed under subclause (I) shall, to the extent appropriate, permit administrators of individual account plans to use the amounts payable under such lifetime income stream as a lifetime income stream equivalent. ``(iv) Limitation on liability.--No plan fiduciary, plan sponsor, or other person shall have any liability under this title solely by reason of the provision of lifetime income stream equivalents which are derived in accordance with the assumptions and rules described in clause (iii) and which include the explanations contained in the model lifetime income disclosure described in clause (ii). This clause shall apply without regard to whether the provision of such lifetime income stream equivalent is required by subparagraph (B)(iii). ``(v) Effective date.--The requirement in subparagraph (B)(iii) shall apply to pension benefit statements furnished more than 12 months after the latest of the issuance by the Secretary of-- ``(I) interim final rules under clause (i); ``(II) the model disclosure under clause (ii); or ``(III) the assumptions under clause (iii).''.

Lifetime Income Disclosure Act Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the quarterly pension benefit statement furnished to a participant or beneficiary with the right to direct the investment of assets in his or her account under an individual account plan to include a lifetime income disclosure at least once during any 12-month period. Requires such lifetime income disclosure to set forth the lifetime income stream equivalent of the participant's or beneficiary's total benefits accrued. Defines a lifetime income stream equivalent of the total benefits accrued as the monthly annuity payment the participant or beneficiary would receive if those total accrued benefits were used to provide lifetime income streams to a qualified joint and survivor annuitant. Directs the Secretary of Labor to: issue a model lifetime income disclosure, written in a manner which can be understood by the average plan participant; and prescribe assumptions that plan administrators may use in converting total accrued benefits into lifetime income stream equivalents. Declares that no plan fiduciary, plan sponsor, or other person shall have any liability under ERISA solely by reason of the provision of lifetime income stream equivalents derived in accordance with such assumptions and related rules and including explanations contained in the model lifetime income disclosure.

Lifetime Income Disclosure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Our States Through Tourism Act of 2007'' or the ``HOST Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) in the 12-month period ending on June 30, 2005-- (A) tourism was the second largest industry in Louisiana, employing 175,000 workers; (B) tourism was the fifth largest industry in Mississippi, employing 126,500 workers; (C) tourism generated $600,000,000 in State and local taxes in Louisiana; (D) tourism generated $634,000,000 in State and local taxes in Mississippi; (E) tourism had a $9,900,000,000 economic impact in the State of Louisiana; (F) tourism had a $6,350,000,000 economic impact in the State of Mississippi; (G) the State of Louisiana generated $14 in revenue for every dollar the State spent on tourism; (H) the State of Mississippi generated $12 in revenue for every dollar the State spent on tourism; (2) Hurricanes Katrina and Rita severely impacted Louisiana's travel and tourism industry, reducing-- (A) direct traveler expenditures by more than 18 percent between 2004 and 2005, from $9,900,000,000 to $8,100,000,000; and (B) travel-generated employment by 9 percent between 2004 and 2005; (3) Hurricane Katrina severely impacted Mississippi's travel and tourism industry, reducing-- (A) direct traveler expenditures by more than 18 percent between 2004 and 2005, from $6,350,000,000 to $5,200,000,000; and (B) travel-generated employment by nearly 18 percent between 2004 and 2005, from 126,500 jobs to 103,885 jobs; and (4) the Gulf Coast economy cannot fully recover without the revitalization of the tourism industries in Louisiana and Mississippi. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Disaster area.--The term ``disaster area'' means the areas in Louisiana and Mississippi in which the President has declared a major disaster in response to Hurricane Katrina or Hurricane Rita. (3) Hurricane katrina and rita disaster areas.--The term ``Hurricane Katrina and Rita disaster areas'' means the geographic areas designated as major disaster areas by the President between August 27, 2005, and September 25, 2005, in Alabama, Florida, Louisiana, Mississippi, and Texas pursuant to title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (4) Major disaster.--The term ``major disaster'' has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (5) Relevant tourism entities.--The term ``relevant tourism entity'' means any convention and visitors bureau, nonprofit organization, or other tourism organization that the governor of Louisiana or the governor of Mississippi, as the case may be, after consultation with the Secretary of Commerce, determines to be eligible for a grant under section 3. (6) Small business concern.--The term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 4. TOURISM RECOVERY GRANTS. (a) In General.--The Secretary of Commerce, acting through the Assistant Secretary of Commerce for Economic Development, shall establish a grant program to assist relevant tourism entities to promote travel and tourism in Louisiana and Mississippi in accordance with this section. (b) Allocation of Funds.--From the amounts appropriated pursuant to subsection (f), the Secretary shall allocate, as expeditiously as possible-- (1) $130,000,000 to the State of Louisiana; and (2) $45,000,000 to the State of Mississippi. (c) Use of Funds.--Amounts allocated to a State under subsection (b) shall be used by the State to provide grants to any relevant tourism entity to-- (1) promote travel and tourism in the State; and (2) carry out other economic development activities that have been approved by the Secretary of Commerce, in consultation with the State. (d) Criteria.--Notwithstanding any other provision of law, a State, in awarding grants under subsection (c)-- (1) may use such criteria as the State determines appropriate; and (2) shall not be required to apply eligibility criteria for programs administered by the Federal Government, including the Department of Commerce. (e) Administrative Expenses.--Not more than 1 percent of the funds allocated to States under subsection (b) may be used for administrative expenses. (f) Authorization of Appropriations.--There are authorized to be appropriated $175,000,000 to carry out this section. SEC. 5. ECONOMIC INJURY DISASTER LOANS. (a) Loan Authorization.-- (1) In general.--The Administrator may make a loan under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) to a small business concern located in the disaster area that can demonstrate that-- (A) more than 51 percent of the revenue of that small business concern comes from tourism; and (B) such small business concern suffered direct economic injury from the slowdown in travel and tourism in the disaster area following Hurricane Katrina or Hurricane Rita. (2) Application.--Notwithstanding any other provision of law, an application for a loan described in paragraph (1) shall be submitted not later than-- (A) 18 months after the date of the enactment of this Act; or (B) such later date as the Administrator may establish. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 6. FEDERAL GULF COAST TRAVEL AND MEETINGS FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund, to be known as the Federal Gulf Coast Travel and Meetings Fund (referred to in this section as the ``Trust Fund''), consisting of such amounts as are appropriated to the Trust Fund pursuant to subsection (f) and any interest earned on investment of amounts in the Trust Fund pursuant to subsection (b). (b) Investment of Trust Fund.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Trust Fund that is not required to meet current withdrawals. Such investments may only be made in interest-bearing obligations of the United States or in obligations, whose principal and interest is guaranteed by the United States. (c) Obligations From Trust Fund.-- (1) In general.--The Secretary of the Treasury may obligate such sums as are available in the Trust Fund for the purposes described in paragraph (2). (2) Eligible uses of trust fund.--Amounts obligated under this subsection may be transferred to Federal agencies to pay for-- (A) lodging, meals, travel, and other expenditures associated with conventions, conferences, meetings or other large gatherings attended by not less than 100 Federal employees and occurring within the Hurricane Katrina and Rita disaster areas; and (B) other expenditures in the Hurricane Katrina and Rita disaster areas, in accordance with paragraph (3). (3) Prohibited uses of trust fund.--Amounts obligated under this subsection may not be transferred to Federal agencies to pay for-- (A) Federal investigations; (B) court cases; or (C) events attended by less than 100 Federal employees. (4) Other expenditures.--Amounts may not be obligated under paragraph (2)(B) before the date that is 30 days after the Secretary of the Treasury submits a report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives that sets forth the intended uses for such amounts. (d) Report.--Not later than December 31, 2007, the Secretary of Treasury shall submit a report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives that sets forth-- (1) the balance remaining in the Trust Fund; (2) the expenditures made from the Trust Fund since its inception; (3) information on the applications of the Federal agencies whose requests from the Trust Fund have been denied; (4) information on the applications that have been approved, including the amount transferred to each Federal agency and the uses for which such amounts were approved; and (5) such additional information as the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives shall reasonably require. (e) Authorization of Appropriations.--There are authorized to be appropriated $2,500,000 for fiscal year 2007 to be deposited in the Trust Fund.

Helping Our States Through Tourism Act of 2007 or HOST Act of 2007 - Directs the Secretary of Commerce to establish a grant program to assist relevant tourism entities (conventions, visitors bureaus, and other tourism organizations) to promote travel and tourism in Louisiana and Mississippi to negate the effects of Hurricanes Katrina and Rita on travel and tourism there. Authorizes the Administrator of the Small Business Administration (SBA) to make economic injury disaster loans to small businesses located within disaster areas declared as a result of such hurricanes that suffered economic injury from the slowdown in travel and tourism in such areas after such hurricanes. Establishes in the Treasury the Federal Gulf Coast Travel and Meetings Fund to pay for lodging, meals, travel, and other expenses associated with conventions, conferences, meetings, etc. attended by no fewer than 100 federal employees and occurring within such disaster areas.

A bill to address ongoing economic injury in Gulf Coast States impacted by Hurricanes Katrina and Rita by reviving tourist travel to the region.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smithsonian Institution Personnel Flexibility Act of 2002''. SEC. 2. DEFINITIONS. In this Act: (1) Employee.-- (A) In general.--The term ``employee'' means an employee of the Smithsonian Institution in the civil service who-- (i) is serving under an appointment without time limitation; and (ii) has been employed for a continuous period of at least 3 years in the civil service at the Smithsonian Institution. (B) Exclusion.--The term ``employee'' does not include-- (i) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code or any other retirement system for employees of the Federal Government; (ii) an employee having a disability on the basis of which the employee is, or would be, eligible for disability retirement under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or any other retirement system for employees of the Federal Government; (iii) an employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance; (iv) an employee who has previously received any voluntary separation incentive payment from the Federal Government under this Act or any other authority; (v) an employee covered by statutory reemployment rights who is on transfer employment with another organization; or (vi) any employee who-- (I) during the 24-month period preceding the employee's date of separation, received and did not repay a recruitment or relocation bonus under section 5753 of title 5, United States Code; (II) within the 12-month period preceding the employee's date of separation, received and did not repay a retention allowance under section 5754 of title 5, United States Code; or (III) within the 36-month period preceding the employee's date of separation, received and did not repay funds provided for student loan repayment under section 5379 of title 5, United States Code; unless the paying agency has waived its right of recovery of those funds. (2) Secretary.--The term ``Secretary'' means the Secretary of the Smithsonian Institution. SEC. 3. AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a) In General.--The Secretary may pay, or authorize the payment of, voluntary separation incentive payments to employees of the Smithsonian Institution only in accordance with the plan required under section 4. (b) Voluntary Separation Incentive Payments.--A voluntary separation incentive payment-- (1) shall be offered to employees on the basis of-- (A) organizational unit; (B) occupational series or level; (C) geographic location; (D) specific periods during which eligible employees may elect a voluntary separation incentive payment; (E) skills, knowledge, or other job-related factors; or (F) a combination of any of the factors specified in subparagraphs (A) through (E); (2) shall be paid in a lump sum after the employee's separation; (3) shall be in an amount equal to the lesser of-- (A) the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code, if the employee were entitled to payment under that section (without adjustment for any previous payment made); or (B) an amount determined by the Secretary, not to exceed $25,000; (4) may be made only in the case of an employee who voluntarily separates (whether by retirement or resignation) under this Act; (5) shall not be a basis for payment, and shall not be included in the computation, of any other type of Federal Government benefit; (6) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation; and (7) shall be paid from appropriations or funds available for the payment of the basic pay of the employee. (c) Limitation.--No amount shall be payable under this Act based on any separation occurring more than 3 years after the date of enactment of this Act. SEC. 4. INSTITUTION PLAN; CONSULTATION. (a) In General.--Before obligating any resources for voluntary separation incentive payments under section 3, the Secretary shall develop a plan outlining-- (1) the intended use of such incentive payments; and (2) a proposed organizational chart for the Smithsonian Institution once such incentive payments have been completed. (b) Plan.--The Smithsonian Institution's plan under subsection (a) shall include-- (1) the specific positions and functions of the Smithsonian Institution to be reallocated; (2) a description of which categories of employees will be offered voluntary separation incentive payments; (3) the time period during which voluntary separation incentive payments may be paid; (4) the number and amounts of voluntary separation incentive payments to be offered; and (5) a description of how the Smithsonian Institution will operate with the reallocation of positions to other functions. (c) Consultation.--The Secretary shall consult with the Office of Management and Budget regarding the Smithsonian Institution's plan prior to implementation. SEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE FEDERAL GOVERNMENT. (a) Definition of Employment.--In this section the term ``employment''-- (1) in subsection (b), includes employment under a personal services contract with the Federal Government (other than the legislative branch); and (2) in subsection (c), does not include employment under a contract described in paragraph (1). (b) Repayment Requirement.--Except as provided in subsection (c), an individual who has received a voluntary separation incentive payment under section 3 and accepts any employment for compensation with the Federal Government (other than the legislative branch) within 5 years after the date of the separation on which the payment is based shall be required to pay to the Smithsonian Institution, prior to the individual's first day of employment, the entire amount of the voluntary separation incentive payment. (c) Waiver of Repayment Requirement.-- (1) Executive branch.--If the employment under this section is with an Executive agency (as defined in section 105 of title 5, United States Code) other than the United States Postal Service or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if-- (A) the individual involved possesses unique abilities; or (B) in the case of an emergency involving a direct threat to life or property, the individual involved-- (i) has skills directly related to resolving the emergency; and (ii) will serve on a temporary basis only so long as that individual's services are made necessary by the emergency. (2) Judicial branch.--If the employment under this section is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved-- (A) possesses unique abilities; and (B) is the only qualified applicant available for the position. SEC. 6. ADDITIONAL SPACE AND RESOURCES FOR NATIONAL COLLECTIONS HELD BY THE SMITHSONIAN INSTITUTION. (a) In General.--Public Law 94-98 (20 U.S.C. 50 note; 89 Stat. 480) is amended by adding at the end the following: ``SEC. 4. ADDITIONAL SPACE AND RESOURCES FOR NATIONAL COLLECTIONS HELD BY THE SMITHSONIAN INSTITUTION. ``(a) In General.--The Board of Regents of the Smithsonian Institution may plan, design, construct, and equip additional storage and laboratory space at the museum support facility of the Smithsonian Institution in Suitland, Maryland, to accommodate the care, preservation, conservation, deposit, and study of national collections held in trust by the Institution. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $2,000,000 for fiscal year 2003; and ``(2) such sums as are necessary for each of fiscal years 2004 through 2008.''. (b) Conforming Amendment.--Section 3 of Public Law 94-98 (20 U.S.C. 50 note; 89 Stat. 480) is amended in the first sentence by striking ``the purposes of this Act.'' and inserting ``this Act (other than section 4).''. (c) Museum Support Center.-- (1) In general.--Notwithstanding any other provision of law, the Smithsonian Institution may enter into a single procurement contract for the construction of additional facilities at the Museum Support Center of the Institution. (2) Requirement.--The contract entered into under paragraph (1) and the solicitation for the contract shall include the clause specified in section 52.232-18 of title 48, Code of Federal Regulations. SEC. 7. PATENT OFFICE BUILDING IMPROVEMENTS. (a) Authorization.--Pursuant to sections 5579, 5583, 5586, and 5588 of the Revised Statutes (20 U.S.C. 41, 46, 50, and 52) and Public Law 85-357 (72 Stat. 68), the Board of Regents of the Smithsonian Institution may plan, design, and construct improvements, which may include a roof covering for the courtyard, to the Patent Office Building transferred to the Smithsonian Institution by Public Law 85- 357 (72 Stat. 68) in order to provide increased public space, enhanced visitors' services, and improved public access. (b) Design and Specifications.--The design and specifications for any exterior alterations authorized by subsection (a) shall be-- (1) submitted by the Secretary to the Commission of Fine Arts for comments and recommendations; and (2) subject to the review and approval of the National Capital Planning Commission in accordance with section 8722 of title 40, United States Code, and D.C. Code 6-641.15. (c) Authority of Historic Preservation Agencies.-- (1) In general.--The Secretary shall-- (A) take into account the effect of the improvements authorized by subsection (a) on the historic character of the Patent Office Building; and (B) provide the Advisory Council on Historic Preservation a reasonable opportunity to comment with regard to such improvements. (2) Status of smithsonian.--In carrying out this subsection, and for other projects in the District of Columbia subject to the review and approval of the National Capital Planning Commission in accordance with D.C. Code 6-641.15, the Smithsonian Institution shall be deemed to be an agency for purposes of compliance with regulations promulgated by the Advisory Council on Historic Preservation pursuant to section 106 of the National Historic Preservation Act (16 U.S.C. 470f). (d) Renovation of Patent Office Building.-- (1) In general.--Notwithstanding any other provision of law, the Smithsonian Institution may enter into a single procurement contract for the repair and renovation of the Patent Office Building. (2) Requirement.--The contract entered into under paragraph (1) and the solicitation for the contract shall include the clause specified in section 52.232-18 of title 48, Code of Federal Regulations. SEC. 8. SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) On December 4, 1987, Congress approved House Concurrent Resolution 57, designating jazz as ``a rare and valuable national American treasure''. (2) Jazz has inspired some of the Nation's leading creative artists and ranks as 1 of the greatest cultural exports of the United States. (3) Jazz is an original American art form which has inspired dancers, choreographers, poets, novelists, filmmakers, classical composers, and musicians in many other kinds of music. (4) Jazz has become an international language that bridges cultural differences and brings people of all races, ages, and backgrounds together. (5) The jazz heritage of the United States should be appreciated as broadly as possible and should be part of the educational curriculum for children in the United States. (6) The Smithsonian Institution's National Museum of American History has established April as Jazz Appreciation Month to pay tribute to jazz as both a historic and living American art form. (7) The Smithsonian Institution's National Museum of American History has received great contributions toward this effort from other governmental agencies and cultural organizations. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Smithsonian Institution has played a vital role in the preservation of American culture, including art and music; (2) the Smithsonian Institution's National Museum of American History should be commended for establishing a Jazz Appreciation Month; and (3) musicians, schools, colleges, libraries, concert halls, museums, radio and television stations, and other organizations should develop programs to explore, perpetuate, and honor jazz as a national and world treasure. Passed the Senate October 17, 2002. Attest: JERI THOMSON, Secretary.

Smithsonian Institution Personnel Flexibility Act of 2002 - (Sec. 3) Authorizes the Secretary of the Smithsonian Institution (SI) to make voluntary separation incentives to certain SI employees.(Sec. 4) Requires such payments to be in accordance with a plan developed by SI in consultation with the Office of Management and the Budget.(Sec. 5) Sets forth the effect of such payments on an individual's subsequent employment with the Federal Government.(Sec. 6) Amends specified Federal law to authorize the SI Board of Regents to provide for additional space and resources for national collections held at the SI support facility in Suitland, Maryland.(Sec. 7) Authorizes the SI Board of Regents to provide for certain improvements to the Patent Office Building.(Sec. 8) Expresses the sense of the Congress that: (1) SI has played a vital role in the preservation of American culture, including art and music; (2) SI's National Museum of American History should be commended for establishing a Jazz Appreciation Month; and (3) musicians, schools, colleges, libraries, concert halls, museums, radio and television stations, and other organizations should develop programs to explore, perpetuate, and honor jazz as a national and world treasure.

A bill to provide authority for the Smithsonian Institution to use voluntary separation incentives for personnel flexibility, and for other purposes.

TITLE I--FEDERAL PROTECTIVE SERVICE REFORM ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Federal Protective Service Reform Act''. SEC. 102. DESIGNATION OF POLICE OFFICERS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended-- (1) in section 1 by striking the section heading and inserting the following: ``SEC. 2. POLICE OFFICERS.''; (2) in sections 1 and 3 by striking ``special policemen'' each place it appears and inserting ``police officers''; (3) in section 1(a) by striking ``uniformed guards'' and inserting ``certain employees''; and (4) in section 1(b) by striking ``Special policemen'' and inserting the following: ``(1) In general.--Police officers''. SEC. 103. POWERS. Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is further amended-- (1) by adding at the end the following: ``(2) Additional powers.--Subject to paragraph (3), a police officer appointed under this section is authorized while on duty-- ``(A) to carry firearms in any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; ``(B) to petition Federal courts for arrest and search warrants and to execute such warrants; ``(C) to arrest an individual without a warrant if the individual commits a crime in the officer's presence or if the officer has probable cause to believe that the individual has committed a crime or is committing a crime; and ``(D) to conduct investigations, on and off the property in question, of offenses that have been or may be committed against property under the charge and control of the Administrator or against persons on such property. ``(3) Approval of regulations by attorney general.--The additional powers granted to police officers under paragraph (2) shall become effective only after the Commissioner of the Federal Protective Service issues regulations implementing paragraph (2) and the Attorney General of the United States approves such regulations. ``(4) Authority outside federal property.--The Administrator may enter into agreements with State and local governments to obtain authority for police officers appointed under this section to exercise, concurrently with State and local law enforcement authorities, the powers granted to such officers under this section in areas adjacent to property owned or occupied by the United States and under the charge and control of the Administrator.''; and (2) by moving the left margin of paragraph (1) (as designated by section 202(4) of this Act) so as to appropriately align with paragraphs (2), (3), and (4) (as added by paragraph (1) of this subsection). SEC. 104. PENALTIES. Section 4(a) of the Act of June 1, 1948 (40 U.S.C. 318c(a)), is amended to read as follows: ``(a) In General.--Except as provided in subsection (b), whoever violates any rule or regulation promulgated pursuant to section 2 shall be fined or imprisoned, or both, in an amount not to exceed the maximum amount provided for a Class C misdemeanor under sections 3571 and 3581 of title 18, United States Code.''. SEC. 105. SPECIAL AGENTS. ``Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended-- (1) by striking ``nonuniformed special policemen'' each place it appears and inserting ``special agents''; (2) by striking ``special policemen'' and inserting ``special agent''; and (3) by adding at the end the following: ``Any such special agent while on duty shall have the same authority outside Federal property as police officers have under section 1(b)(4).''. SEC. 106. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. ``(a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended by adding at the end the following: ``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. ``(a) In General.--The Administrator of General Services shall establish the Federal Protective Service as a separate operating service of the General Service Administration. ``(b) Appointment of Commissioner.-- ``(1) In general.--The Federal Protective Service shall be headed by a Commissioner who shall be appointed by and report directly to the Administrator. ``(2) Qualifications.--The Commissioner shall be appointed from among individuals who have at least 5 years of professional law enforcement experience in a command or supervisory position. ``(c) Duties of the Commissioner.--The Commissioner shall-- ``(1) assist the Administrator in carrying out the duties of the Administrator under this Act; ``(2) except as otherwise provided by law, serve as the law enforcement officer and security official of the United States with respect to the protection of Federal officers and employees in buildings and areas that are owned or occupied by the United States and under the charge and control of the Administrator (other than buildings and areas that are secured by the United States Secret Service); ``(3) render necessary assistance, as determined by the Administrator, to other Federal, State, and local law enforcement agencies upon request; and ``(4) coordinate the activities of the Commissioner with the activities of the Commissioner of the Public Buildings Service. Nothing in this subsection may be construed to supersede or otherwise affect the duties and responsibilities of the United States Secret Service under sections 1752 and 3056 of title 18, United States Code. ``(d) Appointment of Regional Directors and Assistant Commissioners.-- ``(1) In general.--The Commissioner may appoint regional directors and assistant commissioners of the Federal Protective Service. ``(2) Qualifications.--The Commissioner shall select individuals for appointments under paragraphs (1) from among individuals who have at least 5 years of direct law enforcement experience, including at least 2 years in a supervisory position.''. ``(b) Pay Level of Commissioner.--Section 5316 of title 5, United States Code, is amended by inserting after the paragraph relating to the Commissioner of the Public Buildings Service the following: ``Commissioner, Federal Protective Service, General Services Administration.''. SEC. 107. PAY AND BENEFITS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 7. PAY AND BENEFITS. ``(A) Survey.--The Director of the Office of Personnel Management shall conduct a survey of the pay and benefits of all Federal police forces to determine whether there are disparities between the pay and benefit of such forces that are not commensurate with differences in duties of working conditions. ``(b) Pay Schedule.--The Director of the Office of Personnel Management shall in connection with the survey conducted in subsection (a) produce a pay and benefit schedule for employees of the Federal Protective Service to be contained in the findings and recommendations. ``(c) Report.--Not later than 6 months after the date of the enactment of this section, the Director shall transmit to Congress a report containing the results of the survey conducted under subsection (a), together with the Director's findings and recommendations.''. SEC. 108. NUMBER OF POLICE OFFICERS. ``(a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 8. NUMBER OF POLICE OFFICERS. ``After the 1-year period beginning on the date of the enactment of this section, there shall be at least 730 full-time equivalent police officers in the Federal Protective Service. This number shall not be reduced unless specifically authorized by law.''. SEC. 109. EMPLOYMENT STANDARDS AND TRAINING. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING. ``(a) In General.--The Commissioner of the Federal Protective Service shall prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for buildings and areas that are owned or occupied by the United States and under the control and charge of the Administrator of General Services.''. ``(1) Contract cost.--The Commissioner of the Federal Protective Service shall conduct a cost analysis on each security personnel supply contract to determine if the use of personnel directly employed by the United States would be more cost effective for use in buildings and areas that are owned or occupied by the United States and under the control and charge of the Administrator of General Services.''. SEC. 110. AUTHORIZATION OF APPROPRIATIONS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated from the Federal Buildings Fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)) such sums as may be necessary to carry out this Act.''. TITLE II--FEDERAL FACILITY SAFETY ENHANCEMENT ACT SEC. 201. SHORT TITLE. This title may be cited as the ``Federal Facility Safety Enhancement Act.'' SEC. 202. SAFETY AND SECURITY OF PERSONS IN FEDERAL FACILITIES. The Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 22. SAFETY AND SECURITY OF PERSONS IN CHILDCARE FACILITIES. ``(a) Written Notice to Parents or Guardians.-- ``(1) Initial notification.--Before the enrollment of any child in a childcare facility located in a public building under the control of the Administrator, the Administrator shall provide to the parents or guardians of the child a written notification containing-- ``(A) an identification of the current tenants in the public building; and ``(B) the designation of the level of security of the public building. ``(2) Notification of new tenants.--After providing a written notification to the parents or guardians of a child under paragraph (1), the Administrator shall provide to the parents or guardians a written notification if any new Federal tenant is scheduled to take occupancy in the public building. ``(b) Written Notice to Federal Employees.-- ``(1) Initial notification.--The Administrator shall provide Federal employees a written notification containing-- ``(A) an identification of the current tenants in the public building; and ``(B) the designation of the level of security of the public building. ``(2) Notification of serious threats to safety or security.--As soon as practicable after being informed of a serious threat, as determined by the Administrator, that could affect the safety and security of Federal employees, members of the public and children enrolled in a childcare facility in a public building under the control of the Administrator, the Administrator shall provide notice of the threat to the contact person for each tenant in the facility and to the parents or guardians of each child in the facility. ``(c) Report to Congress.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Administrator shall transmit to Congress a comprehensive report on childcare facilities in public buildings under the control of the Administrator. ``(2) Contents.--The report to be transmitted under paragraph (1) shall include-- ``(A) an identification and description of each childcare facility located in a public building under the control of the Administrator; ``(B) an assessment of the level of safety and security of children enrolled in the childcare facility and recommendations on methods for enhancing that safety and security; and ``(C) an estimate of cost associated with recommendations furnished under paragraph (2)(B). ``(3) Windows and interior furnishings.--In conducting an assessment of a childcare facility under paragraph (2)(B), the Administrator shall examine the windows and interior furnishings of the facility to determine whether adequate protective measures have been implemented to protect children in the facility against the dangers associated with windows and interior furnishings in the event of a natural disaster or terrorist attack, including the deadly effect of flying glass.''.

Federal Protective Service Reform Act - Amends Federal law to redesignate special policemen of the General Services Administration (GSA) as police officers, and empower them to: (1) carry firearms; (2) petition Federal courts for and execute arrest and search warrants; (3) make arrests without a warrant; and (4) conduct investigations.Increases the maximum penalty for violations of any rules or regulations with respect to Federal property.Directs the Administrator to establish the Federal Protective Service (FPS) as a separate operating service of GSA, headed by a Commissioner.Requires the Director of the Office of Personnel Management to survey the pay and benefits of all Federal police forces to determine whether any disparities exist that are not commensurate with differences in duties or working conditions.Mandates at least 730 full-time police officers in the FPS one year after the enactment of this Act, with no reduction unless specifically authorized by law.Directs the FPS Commissioner to: (1) prescribe minimum standards of employment suitability in the contracting of security personnel for Federal property; and (2) analyze each security personnel supply contract to determine if the use of personnel directly employed by the United States would be more cost effective.Federal Facility Safety Enhancement Act - Amends the Public Buildings Act of 1959 to direct the GSA Administrator to notify: (1) Federal employees and, before enrollment of any child in a childcare facility located in a public building under GSA control, the child's parents or guardians of the identity of the building's current tenants and the designation of the building's level of security; and (2) the child's parents or guardians if any new Federal tenant is scheduled to take occupancy in such building.Requires the Administrator, after being informed of a serious threat that could affect the safety and security of Federal employees, the public, and children enrolled in such a childcare facility, to give notice of the threat to the contact person for each tenant and to the parents or guardians of each child in the facility.

To amend the Act of June 1, 1948 to provide for reform of the Federal Protective Service, to enhance the safety and security of federal employees, members of the public and for children enrolled in childcare facilities located in public buildings under the control of the General Services Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Cost Assessment Act of 2014''. SEC. 2. AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974. (a) Federal Regulatory Budget Cost Control System.--Title III of the Congressional Budget Act of 1974 is amended-- (1) by inserting before section 300 the following: ``PART A--GENERAL PROVISIONS''; and (2) by adding at the end the following new part: ``PART B--FEDERAL REGULATORY BUDGET COST CONTROL ``SEC. 321. DEFINITIONS. ``In this part-- ``(1) the term `CBO' means the Congressional Budget Office; ``(2) the term `direct cost of Federal regulation' means all costs incurred by, and expenditures required of, the Federal Government in issuing and enforcing Federal regulations, rules, statements, and legislation; ``(3) the term `Federal regulation, rule, statement, or legislation'-- ``(A) includes any guidance document issued after notice and an opportunity for comment in accordance with the requirements for the promulgation of a rule under chapter 5 of title 5, United States Code; and ``(B) does not include a Federal regulation, rule, statement, or legislation applying to-- ``(i) the military; or ``(ii) agency organization, management, or personnel; ``(4) the term `Federal regulatory cost'-- ``(A) means all costs incurred by, and expenditures required of, the private sector in complying with any Federal regulation, rule, statement, or legislation; and ``(B) does not include the value of any benefit under the Federal regulation, rule, statement, or legislation; ``(5) the term `gross domestic product' means the gross domestic product of the United States during a fiscal year, consistent with Department of Commerce definitions; ``(6) the term `OMB' means the Office of Management and Budget; and ``(7) the term `regulatory baseline' means the projection described in section 323(a) of the Federal regulatory cost for the fiscal year after the date of the projection and the outyears. ``SEC. 322. OMB-CBO REPORTS. ``Not later than 1 year after the date of enactment of this section, and not later than September 15th of each odd-numbered year thereafter, OMB and CBO shall jointly submit to the President, the Senate, and the House of Representatives a report that includes-- ``(1) a projection of the direct cost of Federal regulation and the Federal regulatory cost for the first fiscal year beginning after the date of the report and at least each of the 4 ensuing fiscal years; ``(2) a calculation of the estimated direct cost of Federal regulation and Federal regulatory cost as a percentage of the gross domestic product; ``(3) the reduction in estimated gross domestic product attributable to private sector compliance with all Federal regulations, rules, statements, or legislation; ``(4) a detailed description of the effect on the economy of the United States of Federal regulations, rules, statements, and legislation, which shall be categorized as relating to-- ``(A) regulation of the economy; ``(B) security, including homeland security; ``(C) the environment; ``(D) health and safety; or ``(E) the Federal budget; ``(5) a discussion of the expected reduction in personnel, administrative overhead, and programmatic costs that would be achieved by Federal agencies that issue regulations, rules, or statements with a Federal regulatory cost if the Federal agencies reduced the Federal regulatory cost by 5 percent; and ``(6) recommendations for budgeting, technical, and estimating changes to improve the Federal regulatory budgeting process. ``SEC. 323. REGULATORY BASELINE. ``(a) In General.--For the first fiscal year that begins at least 120 days after the date of enactment of this section and for every second fiscal year thereafter, CBO, in consultation with OMB, shall submit to the President, the Senate, and the House of Representatives a regulatory baseline, consisting of a projection of the Federal regulatory cost for the fiscal year and at least each of the 4 ensuing fiscal years. In preparing the projection of the regulatory baseline under this subsection, for the second fiscal year covered under the projection and each fiscal year thereafter, CBO shall adjust the baseline for the estimated growth during that fiscal year in the gross domestic product. ``(b) Deadlines.--The CBO shall submit the regulatory baselines required under subsection (a)-- ``(1) for the first regulatory baseline, not later than 30 days after the date of enactment of this section; and ``(2) for the second regulatory baseline and each regulatory baseline thereafter, not later than September 15 of the fiscal year before the first fiscal year covered under the regulatory baseline. ``SEC. 324. ESTABLISHMENT OF LEVEL AND ALLOCATIONS. ``(a) Establishment of Level.-- ``(1) In general.--In addition to the requirements under section 301, a concurrent resolution on the budget for a fiscal year shall set forth the appropriate level for the Federal regulatory cost for the fiscal year and for at least each of the 4 ensuing fiscal years. ``(2) Default total.--If there is not a level for the Federal regulatory cost that is in effect for a fiscal year under a concurrent resolution on the budget-- ``(A) for the first fiscal year that begins at least 120 days after the date of enactment of this section, the appropriate level for the Federal regulatory cost for the fiscal year shall be the amount of the first regulatory baseline submitted under section 323; and ``(B) for each fiscal year after the fiscal year described in subparagraph (A), the appropriate level for the Federal regulatory cost for the fiscal year shall be the level for the most recent fiscal year for which such a level was in effect (under subparagraph (A), this subparagraph, or a concurrent resolution on the budget). ``(b) Allocation of Totals.-- ``(1) In general.--For the first fiscal year that begins at least 120 days after the date of enactment of this section, and each fiscal year thereafter, the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives shall each allocate among each committee of its House and by major functional category the Federal regulatory cost in effect under subsection (a) for such fiscal year and at least each of the 4 ensuing fiscal years. ``(2) Suballocations.--As soon as practicable after receiving an allocation under paragraph (1), each committee shall subdivide its allocation among its subcommittees or among programs over which the committee has jurisdiction. ``(c) Point of Order.-- ``(1) In general.--It shall not be in order in the Senate or the House of Representatives to consider any bill or resolution, or amendment thereto, which would cause an allocation or suballocation of the Federal regulatory cost made under subsection (b) for a fiscal year to be exceeded. ``(2) Waiver.--A point of order under paragraph (1) may only be waived by the affirmative vote of three-fifths of the Members, duly chosen and sworn. ``(d) Determinations by Budget Committees.--For purposes of this section, the amount of the Federal regulatory cost for a fiscal year and the amount of the Federal regulatory cost of a bill or resolution, or amendment thereto, shall be determined by the Committee on the Budget of the Senate or the Committee on the Budget of the House of Representatives, as the case may be. ``SEC. 325. ANALYSIS OF FEDERAL REGULATORY COST BY CONGRESSIONAL BUDGET OFFICE. ``(a) In General.--CBO shall prepare for each bill or resolution of a public character reported by any committee of the Senate or the House of Representatives (except the Committee on Appropriations of each House), and submit to such committee-- ``(1) an estimate of the costs which would be incurred by the private sector in carrying out or complying with such bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, which shall include a discussion of the methodology used to prepare, and the basis for, each such estimate; and ``(2) a comparison of the estimate of costs described in paragraph (1) with any available estimates of costs made by such committee or by any Federal agency. ``(b) Look-Back Reviews.--CBO shall periodically submit to Congress a report that-- ``(1) reviews a sample of laws of a public character for which an estimate was prepared under subsection (a)(1); and ``(2) compares the estimates of the costs described in paragraphs (1) and (2) of subsection (a) and the actual costs incurred by the private sector in carrying out or complying with the law in the fiscal year in which it took effect and in each of the 4 fiscal years following such fiscal year.''. SEC. 3. PRESIDENT'S ANNUAL BUDGET SUBMISSIONS. Section 1105(a) of title 31, United States Code, is amended-- (1) by redesignating the second paragraph designated as paragraph (37), relating to outdated or duplicative plans and reports, as added by section 11 of the GPRA Modernization Act of 2010 (Public Law 111-352; 124 Stat. 3881), as paragraph (39); and (2) by adding at the end the following: ``(40) a regulatory authority budget analysis of the Federal regulatory cost (as defined in section 321 of the Congressional Budget Act of 1974) of complying with all current and proposed Federal regulations and proposals for complying with section 324 of the Congressional Budget Act of 1974 for the fiscal year for which the budget is submitted and the 4 fiscal years after that year.''. SEC. 4. ESTIMATION AND DISCLOSURE OF COSTS OF FEDERAL REGULATION. (a) Costs to Private Sector of New Federal Regulations.--Chapter 6 of title 5, United States Code, popularly known as the ``Regulatory Flexibility Act'', is amended-- (1) in section 603-- (A) in subsection (a), in the second sentence, by inserting before the period the following: ``and shall discuss in detail whether the cost to businesses of complying with the proposed rule will vary depending on the size of the business and, if so, to what extent the cost will vary and what factors contribute to the variation''; (B) in subsection (c)-- (i) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively, and adjusting the margin accordingly; (ii) by inserting ``(1)'' after ``(c)''; and (iii) by striking ``Consistent with the'' and inserting the following: ``(2) The analysis of significant alternatives to the proposed rule shall include a detailed analysis of the costs and benefits of the proposed rule and each alternative, which shall separately address the costs and benefits for each industry. ``(3) Consistent with the''; and (C) by adding at the end the following: ``(e) Each initial regulatory flexibility analysis shall also contain a description of the nature and amount of monetary costs that will be incurred by small entities, other businesses, and individuals in complying with the proposed rule.''; (2) in section 604(a)-- (A) in the first paragraph designated as paragraph (6) (relating to minimization of significant economic impacts), by striking ``and'' at the end; (B) by redesignating the second paragraph (6) (relating to covered agencies), as paragraph (8); and (C) by inserting after paragraph (6) the following: ``(7) a statement of the nature and amount of monetary costs that will be incurred by small entities, other businesses, and individuals in complying with the rule; and''; and (3) in section 607, by inserting before the period the following: ``, except that estimates of monetary costs under sections 603(d) and 604(a)(7) shall only be in the form of a numerical description''. (b) Agency Reports.--Each agency that prepares an initial regulatory flexibility analysis under chapter 6 of title 5, United States Code, shall, at the same time submit to each House of Congress, the Congressional Budget Office, and the Office of Management and Budget a cost estimate and cost benefit analysis of any new proposed regulations, rules, or statements that would have a Federal regulatory cost (as defined in section 321 of the Congressional Budget Act of 1974, as added by this Act) of at least $10,000,000 for any fiscal year. SEC. 5. GUIDANCE DOCUMENTS. (a) Definitions.--In this section-- (1) the terms ``agency'' and ``rule'' have the meanings given such terms in section 551 of title 5, United States Code; and (2) the term ``guidance document'' means an agency statement of general applicability and future effect, other than a rule, that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue. (b) Limitation on Guidance Documents.--An agency may not issue a guidance document unless the agency-- (1) issues the guidance document after notice and an opportunity for comment in accordance with the requirements for the promulgation of a rule under chapter 5 of title 5, United States Code; or (2) before the effective date of the guidance document, submits to Congress a report that-- (A) certifies that the guidance document is not a rule; and (B) explains in detail why the guidance document does not satisfy the definition of a rule. SEC. 6. STUDY OF NONMAJOR RULES. (a) Definitions.--In this section-- (1) the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code; (2) the term ``covered guidance document'' means any guidance document that has resulted or is likely to result in an annual effect on the economy of not less than $10,000,000; (3) the term ``covered nonmajor rule'' means any rule that has resulted in or is likely to result in an annual effect on the economy of not less than $10,000,000 and not more than $100,000,000; (4) the term ``guidance document'' means an agency statement of general applicability and future effect, other than a rule, that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue; (5) the term ``Federal regulatory cost'' has the meaning given that term under section 321 of the Congressional Budget Act of 1974, as added by section 2 of this Act; and (6) the term ``rule'' has the meaning given that term in section 804 of title 5, United States Code. (b) Reports.--Not later than 120 days after the date of enactment of this Act and every 2 years thereafter, the Comptroller General of the United States shall submit to Congress a report regarding covered nonmajor rules and covered guidance documents, which shall include, for the 4-year period immediately preceding the report-- (1) the number of covered nonmajor rules promulgated; (2) the number of covered nonmajor rules implemented; (3) the number of covered guidance documents developed; (4) the number of covered guidance documents issued; (5) the Federal regulatory cost of each covered nonmajor rule implemented; (6) the Federal regulatory cost of each covered guidance document issued; (7) the aggregate Federal regulatory cost of all covered nonmajor rules implemented; (8) the aggregate Federal regulatory cost of all covered guidance documents issued; and (9) a discussion of any covered nonmajor rule for which an initial regulatory flexibility analysis was prepared under section 603 of title 5, United States Code, a final regulatory flexibility analysis was prepared under section 604 of title 5, United States Code, or a cost benefit analysis was prepared that underestimated the actual Federal regulatory cost of implementing the covered nonmajor rule.

Regulatory Cost Assessment Act of 2014 - Amends the Congressional Budget Act of 1974 to establish and enforce a federal regulatory budget. Requires the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to submit jointly to the President and Congress an analysis of the cost and economic effects of federal regulations, including recommendations for improvements to the regulatory budgeting process. Requires CBO to submit: (1) a baseline projecting the federal regulatory cost over at least five fiscal years, (2) analysis of the regulatory cost of legislation reported by congressional committees, and (3) look-back reviews comparing CBO estimates with actual costs. Requires a concurrent resolution on the budget to include levels for the federal regulatory cost for at least five fiscal years. Establishes a process for allocating the totals among congressional committees and subcommittees, programs, and major functional categories. Establishes a point of order against legislation that would cause the allocations to be exceeded and specifies requirements for waiving the point of order. Requires the President's budget to include an analysis of the cost of compliance with current and proposed federal regulations and proposals for complying with the levels and allocations established under this Act. Amends the Regulatory Flexibility Act to require agencies to provide additional analysis of the private sector costs for compliance with new regulations. Requires federal agencies and the Government Accountability Office to provide reports and cost estimates for specified regulations.

Regulatory Cost Assessment Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Buildings Renewal Act of 2016''. SEC. 2. TAX-EXEMPT FINANCING OF QUALIFIED GOVERNMENT BUILDINGS. (a) In General.--Section 142(a) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, or'', and by adding at the end the following new paragraph: ``(16) qualified government buildings.''. (b) Qualified Government Buildings.--Section 142 of such Code is amended by adding at the end the following new subsection: ``(n) Qualified Governmental Buildings.-- ``(1) In general.--For purposes of subsection (a)(16), the term `qualified governmental buildings' means any building or facility that consists of one or more of the following: ``(A) An elementary school or a secondary school (within the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as in effect on the date of the enactment of this subsection). ``(B) A facility of a State college or university used for educational purposes. ``(C) A library maintained for, and open to, the general public. ``(D) A court of law. ``(E) A hospital, health care facility, laboratory facility or research facility. ``(F) A public safety facility (including police, fire, enhanced 911, emergency or disaster management, and ambulance or emergency medical service facilities and jails and correctional facilities). ``(G) An office for employees of a governmental unit. Such term shall include any equipment, functionally related and subordinate facility, or land (and any real property rights appurtenant thereto) with respect to any such building or facility. ``(2) Specifically excluded facilities.--Such term shall not include-- ``(A) a building or facility the primary purpose of which is one of the following: retail food and beverage services, or the provision of recreation or entertainment, or ``(B) any building or facility that includes any of the following: any private or commercial golf course, country club, massage parlor, tennis club, skating facility (including roller skating, skateboard, and ice skating), racquet sports facility (including any handball or racquetball court), hot tub facility, suntan facility, racetrack, convention center, or sports stadium or arena. ``(3) National limitation on amount of tax-exempt financing for qualified governmental building.-- ``(A) National limitation.--The aggregate amount allocated by the Secretary under subparagraph (C) shall not exceed $5,000,000,000. ``(B) Enforcement of national limitation.--An issue shall not be treated as an issue described in subsection (a)(16) if the aggregate face amount of bonds issued pursuant to such issue for any qualified governmental building (when added to the aggregate face amount of bonds previously so issued for such facility) exceeds the amount allocated to such qualified governmental building under subparagraph (C). ``(C) Allocation by the secretary.--The Secretary shall allocate a portion of the amount described in subparagraph (A) to a qualified governmental building if the Secretary determines that-- ``(i) the application for financing of such qualified governmental building meets the requirements set forth in subparagraph (D), and ``(ii) the amount of the allocation requested, if allocated by the Secretary, would not cause the national limitation set forth in subparagraph (A) to be exceeded. ``(D) Applications for financing.--An application for financing a qualified governmental building meets the requirements of this subparagraph if such application includes-- ``(i) the amount of the allocation requested, ``(ii) the name of the governmental unit that will own the project, together with complete contact information, ``(iii) a description of the project as a whole and the proposed organizational and legal structure of the project, ``(iv) a timeline showing the estimated start and completion dates for each major phase or milestone of project development and an indication of the current status of milestones on this timeline, including all necessary permits and environmental approvals, ``(v) a statement of anticipated sources and uses of funds for the project, and ``(vi) the following declaration signed by an individual who has personal knowledge of the relevant facts and circumstances: ``Under penalties of perjury, I declare that I have examined this document and, to the best of my knowledge and belief, the document contains all the relevant facts relating to the document, and such facts are true, correct, and complete.'' ``(E) Use of allocation in a timely manner.--If, following an allocation by the Secretary under subparagraph (C), bonds are not issued in the amount of such allocation after the date that is 2 years after the date of such allocation, then the unused portion of the allocation shall be withdrawn, unless the Secretary, upon a showing of good cause by the applicant, grants an extension of such date. ``(4) Exception for current refunding bonds.--Paragraph (3) shall not apply to any bond (or series of bonds) issued to refund a bond issued under subsection (a)(16) if-- ``(A) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, ``(B) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ``(C) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. For purposes of subparagraph (A), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(5) Office space.--Subsection (b)(2) shall not apply with respect to any qualified governmental building. ``(6) No depreciation or investment credit.--No depreciation, amortization, or business credit under section 38 shall be allowed with respect to any facility described in subsection (a)(16) which has been financed by the net proceeds of the issue for so long as such bonds are outstanding.''. (c) Governmentally Owned Requirement.--Section 142(b)(1)(A) of such Code is amended by striking ``or (12)'' and inserting ``(12), or (16)''. (d) Exemption From Volume Cap on Private Activity Bonds.--Section 146(g)(3) of such Code is amended by striking ``or (15)'' and inserting ``(15), or (16)''. (e) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

Public Buildings Renewal Act of 2016 This bill amends the Internal Revenue Code to permit the tax-exempt financing of certain government-owned buildings by expanding the definition of "exempt facility bond" to include bonds used for qualified government buildings. A qualified government building is a government-owned building or facility that consists of one or more of the following: an elementary or secondary school; facilities of a state college or university used for educational purposes; a public library; a court; hospital, health care, laboratory, or research facilities; public safety facilities; or offices for government employees. The bill excludes buildings or facilities that include specified recreational equipment or are used for the primary purpose of providing retail food and beverage services, recreation, or entertainment. The bill establishes: (1) a $5 billion limit on the amount of tax-exempt financing which may be provided for government buildings, and (2) procedures for allocating and applying for the financing. The bill exempts the bonds for government buildings from the volume cap on private activity bonds.

Public Buildings Renewal Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deport Convicted Foreign Criminals Act of 2011''. SEC. 2. DISCONTINUING GRANTING CERTAIN VISAS TO NATIONALS OF COUNTRY DENYING OR DELAYING ACCEPTING ALIENS. (a) Discontinuing Granting Certain Visas to Nationals of Country Denying or Delaying Accepting Aliens.--Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1253(b)) is amended by adding at the end the following: ``(4) Discontinuing granting certain visas to nationals of country denying or delaying accepting aliens.-- ``(A) Quarterly reports.-- ``(i) In general.--Not later than 90 days after the date of the enactment of the Deport Convicted Foreign Criminals Act of 2011, and every 90 days thereafter, the Secretary of Homeland Security shall submit a report to the Congress that-- ``(I) lists each country that has, during the 90-day period immediately preceding submission of the report, refused or unreasonably delayed repatriation of an alien who is a citizen, subject, national, or resident of such country; ``(II) includes the total number of aliens described under subclause (I) whose removal was refused or unreasonably delayed, disaggregated by-- ``(aa) country; ``(bb) detention status; and ``(cc) criminal status; and ``(III) lists, in a distinct section of the report, each country that was listed-- ``(aa) under subclause (I) in this report; and ``(bb) in the report submitted immediately preceding this report. ``(ii) Refuses or unreasonably delays.--A country is deemed to have refused or unreasonably delayed the acceptance of an alien who is a citizen, subject, national, or resident of that country if not later than 90 days after receiving a request to repatriate such alien from an official of the United States who is authorized to make such a request, the country does not accept the alien. ``(iii) Compliance by issuance of travel documents.--A country that is listed pursuant to clause (i)(I) may not be listed pursuant to clause (i)(III) in the report (in this clause referred to as the `later report') submitted immediately subsequent to the report in which the country is so listed if the country issues appropriate travel documents not later than 60 days after the submission of the first report referred to in this clause on behalf of-- ``(I) not less than 90 percent of the number of aliens who were included in the later report, pursuant to subparagraph (A)(i)(II), for that country; or ``(II) each alien who was included in the later report, pursuant to subparagraph (A)(i)(II), for that country, except for not more than 10 such aliens who are noncriminal aliens. ``(B) Limitation on issuance of visas.--Beginning on the date that the second report has been submitted under subparagraph (A), the Secretary of State may not issue to a citizen, subject, national, or resident of a country (other than an alien seeking refugee status)-- ``(i) beginning on the date that a country is listed pursuant to subparagraph (A)(i)(III), a nonimmigrant visa pursuant to subparagraph (A) or (G) of section 101(a)(15), except that the ambassador of such country to the United States may be issued a visa pursuant to such subparagraph (A); ``(ii) beginning 90 days after the restriction in clause (i) has applied to such country, a nonimmigrant visa pursuant to subparagraph (F), (J), (M), or (O) of section 101(a)(15); ``(iii) beginning 90 days after the restriction in clause (ii) has applied to such country, an immigrant visa as a diversity immigrant under section 203(c); ``(iv) beginning 90 days after the restriction in clause (iii) has applied to such country, a nonimmigrant visa pursuant to subparagraph (H), (L), or (P) of section 101(a)(15); ``(v) beginning 90 days after the restriction in clause (iv) has applied to such country, an immigrant visa as an employment- based immigrant under section 203(b); ``(vi) beginning 90 days after the restriction in clause (v) has applied to such country, any nonimmigrant visa; and ``(vii) beginning 90 days after the restriction in clause (vi) has applied to such country, any immigrant visa. ``(C) Period of sanction.--Except as provided under subparagraph (D), if a country is listed pursuant to subparagraph (A)(i)(III), subparagraph (B) shall apply with regard to the issuance of a visa by the Secretary of State to a citizen, subject, national, or resident of such country until the earlier of-- ``(i) a report is submitted under subparagraph (A) and the country is not listed pursuant to clause (i)(III) of such subparagraph; ``(ii) the country issues appropriate travel documents on behalf of and accepts each alien who is a citizen, subject, national, or resident of such country and whose repatriation the country has refused or unreasonably delayed; or ``(iii) the enactment into law of a joint resolution in accordance with subparagraph (E) providing for the waiver of this paragraph with respect to such country. ``(D) Periodic adjustment.--In the case of any country that is subject to a restriction on visa issuance under subparagraph (B) following submission of a report (in this subparagraph referred to as the `original report') under subparagraph (A), the Secretary of State may reverse the restriction under subparagraph (B) that was most recently applied to that country-- ``(i) only if, in the report submitted immediately subsequent to the original report, the country has accepted 50 percent of the aliens who were included in the original report, pursuant to subparagraph (A)(ii), for that country; and ``(ii) the Secretary may not reverse a restriction under subparagraph (B)(i). ``(E) Waiver.-- ``(i) Request.--The President or a designee of the President may submit a written request to Congress that this subsection be waived, wholly or in part, with respect to any country. ``(ii) Congressional action.--Each House of Congress shall take action on a joint resolution approving the waiver request not later than 20 days after receiving that request. ``(F) Effect of unauthorized issuance.--Any visa issued in violation of this paragraph shall be null and void.''. (b) Conforming Amendment.--Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended by striking subsection (d). SEC. 3. NOTICE TO STATE AND LOCAL LAW ENFORCEMENT. (a) Notice.-- (1) In general.--In the case of an alien described in paragraph (2), if that alien is released, the Secretary of Homeland Security shall provide notice as soon as practicable to the chief law enforcement officer of the State and of the local jurisdiction in which that alien is released. (2) Alien described.--An alien is described in this paragraph if the alien has been detained by the United States and has received a final order of removal under chapter 4 of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) and has not been removed. (b) Information Contained in Notice.--The notice under subsection (a) shall include the following information, if available, about each alien: (1) If the alien was released by reason of the refusal of a country of which the alien is a citizen, subject, national, or resident to accept that alien, an explanation by the Secretary of Homeland Security detailing-- (A) how the sanctions under section 241(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1253(b)(4)) were applied to that country; and (B) how such sanctions may be enhanced in order to secure the cooperation of that country in accepting that alien. (2) Name. (3) Location where the alien is released. (4) Date of release. (5) Country of nationality. (6) Detention status. (7) Criminal history, including probation and parole information. SEC. 4. INSPECTOR GENERAL REPORT. On date that is 1 day after the date that the President submits a budget under section 1105(a) of title 31, United States Code, for fiscal year 2014, the Inspector General of the Department of Homeland Security shall submit a report to Congress regarding whether or not the Secretary of Homeland Security is faithfully executing this Act and the amendments made by this Act, and is making requests to repatriate aliens as appropriate.

Deport Convicted Foreign Criminals Act of 2011 - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to report quarterly to Congress regarding each country that has refused or unreasonably delayed repatriation of an alien who is a citizen, subject, national, or resident of such country. Requires a report to include the aliens' detention and criminal status. Prohibits the Secretary of State, upon the passage of specified periods of time, from issuing certain nonimmigrant (including certain diplomatic) visas and immigrant visas to a citizen, subject, national, or resident of a listed country. Directs the Secretary of Homeland Security to notify the chief law enforcement officer of the state and of the local jurisdiction in which an alien who has been detained by the United States is released. Defines "alien" as an individual who has been detained by the United States and has received a final order of removal but has not been removed.

To amend the Immigration and Nationality Act to clarify the law prohibiting the Secretary of State from issuing certain visas to nationals of countries that refuse or unreasonably delay repatriation, and for other purposes.

SECTION 1. RELIEF OF RICHARD M. BARLOW OF BOZEMAN, MONTANA. (a) Findings.--Congress makes the following findings: (1) Richard Barlow was a counter-proliferation intelligence officer with expertise in Pakistan nuclear issues. (2) From 1980-82, Mr. Barlow served as the action officer for Pakistan proliferation matters at the Arms Control and Disarmament Agency. (3) In 1985, Mr. Barlow joined the Central Intelligence Agency, becoming a recognized issue expert on Pakistan's clandestine nuclear purchasing networks and its weapons programs. (4) After serving as a Special Agent with the Customs Service, Mr. Barlow then joined the Office of the Secretary of Defense starting in 1989, where he continued to investigate Pakistan's nuclear weapons network headed by A. Q. Khan. (5) Mr. Barlow was instrumental in the 1987 arrest and later conviction of 2 agents in Pakistan's nuclear weapons development program headed by A. Q. Khan, for which he received an award for exceptional accomplishment from the Director of the Central Intelligence Agency and numerous commendations from senior State Department and law enforcement officials. (6) In addition, Mr. Barlow received a prestigious commendation from the State Department's Legal Advisor for assistance to President Ronald Reagan and Secretary of State George P. Schultz for triggering the Solarz Amendment relating to termination of military and economic aid to Pakistan for exporting nuclear weapons technology. (7) In a classified hearing following the arrests of the Pakistani agents, Mr. Barlow, as the Central Intelligence Agency's top expert, testified truthfully to the Subcommittee on Asian Pacific Affairs of the Committee on International Relations of the House of Representatives, then known as the House Foreign Affairs Committee, that the arrested Pakistanis were agents of the Pakistani government, and revealed that Pakistan had continued to regularly violate United States nuclear export laws. (8) Mr. Barlow's actions revealed that certain Executive Branch officials had been withholding this information from the Congressional committees. (9) In 1989, Mr. Barlow joined the Office of the Secretary of Defense in the Office of Non-proliferation where he continued to investigate Pakistani proliferation networks. (10) In April 1989, Mr. Barlow received an outstanding performance review from his Department of Defense supervisors, and in June 1989 he was promoted. (11) During the spring and early summer of 1989, Mr. Barlow told his supervisors on a number of occasions that he had serious concerns that Executive Branch officials were concealing intelligence about Pakistan's nuclear program from Congress and were obstructing pending criminal investigations into Pakistan's procurement efforts in order to avoid triggering the Pressler and Solarz Amendments and to obtain approval for a proposed $1,400,000,000 sale of F-16 jets to Pakistan. (12) On August 2, 1989, Mr. Barlow raised concerns about false testimony given by senior officials to the Congress on Pakistan's nuclear capabilities to the Subcommittee on Asian Pacific Affairs of the Committee on International Relations of the House. (13) On August 4, 1989, several weeks after being promoted, Richard Barlow was handed a notice of pending termination. (14) On August 8, 1989, Mr. Barlow's security clearances were suspended for reasons that were classified and not revealed to him. (15) On August 26, 1989, Mr. Barlow, under threat of firing, was offered a series of menial, temporary assignments by Department of Defense personnel and security officials concerned about possible retaliation against him as a Congressional whistleblower by senior officials in the Office of the Secretary of Defense. (16) Mr. Barlow then underwent a 9-month long security investigation involving numerous allegations levied against him by his superiors in the Office of Secretary of Defense, all of which were found to be false. (17) In March of 1990, Mr. Barlow then had his security clearance restored and remained in a series of temporary assignments until February 1992, when he then resigned under duress. (18) At the time of his separation from government service, Mr. Barlow had completed 8 years of government service. (19) Mr. Barlow's temporary loss of his security clearance and personnel actions against him damaged his reputation and left him unable to find suitable employment inside the Government. (20) For the next 15 years, Mr. Barlow continued to serve his country as a consultant to the intelligence and law enforcement communities working on complex counterintelligence and counter-proliferation operations without the benefits he would have had if he had continued as a Federal employee. (21) In 1998, a Private Relief Bill (S. 2274, 105th Congress) was introduced to provide compensation to Mr. Barlow. On October 5, 1998, the Senate passed S. Res. 256, which referred the bill to the Court of Federal Claims instructing the court to advise the Congress as to ``the nature, extent, and character of the claim for compensation referred to in such bill as a legal or equitable claim against the United States or a gratuity''. (22) With Senate Resolution 256, the Senate recognized the importance of protecting Federal employees who inform Congress of Executive Branch distortions of the truth and other wrongdoing. (23) On March 6, 2000, the Government filed a protective order under the state secrets privilege for documents requested under discovery by Mr. Barlow relating to the Pakistan nuclear program. (24) The documents denied under the state secret privilege were documents that Mr. Barlow had official access to prior to the loss of clearance. (25) The documents denied under the state secrets privilege were subpoenaed by Mr. Barlow to substantiate the allegations he originally made regarding his claim of false testimony of Government officials to Congress on the Pakistan nuclear weapons program and the actions taken against him. (26) The evidence withheld from the Court as a result of the state secrets privilege included significant, sworn statements from a number of senior intelligence, Department of State, and Department of Defense officials corroborating Mr. Barlow's charges of Executive Branch wrongdoing. (27) As a result of the use of the state secrets privilege, Mr. Barlow and the United States Court of Federal Claims did not have access to evidence and information necessary to evaluate the key information relating to the merits of Mr. Barlow's case and accurately report its findings to the Senate. (28) Since Mr. Barlow's separation from government service in 1992, five Senate and five House committees have intervened in support of Mr. Barlow's case on a bipartisan basis, and investigations by the Central Intelligence Agency, State Department Inspectors General, and the Government Accountability Office have corroborated Mr. Barlow's findings or found that personnel actions were taken against him in reprisal. (29) Richard Barlow is recognized for his patriotism and service to his country. (b) Compensation of Certain Losses.-- (1) In general.--The Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, to Richard M. Barlow of Bozeman, Montana, the sum of $1,900,000 for the losses incurred by Richard M. Barlow relating to and as a direct consequence of personnel and security actions taken by the Department of Defense beginning on August 4th, 1989. (2) No inference of liability.--Nothing in this section shall be construed as an inference of liability on the part of the United States. (3) No agents and attorneys fees.--None of the payment authorized by this section may be paid to or received by any agent or attorney for any services rendered in connection with obtaining such payment. Any person who violates this subsection shall be guilty of a misdemeanor and shall be subject to a fine in the amount provided in title 18, United States Code. (4) Non-taxability of payment.--The payment authorized by this section is in partial reimbursement for losses incurred by Richard Barlow as a result of the personnel actions taken by the Department of Defense and is not subject to Federal, State, or local income taxation.

Provides for the relief of Richard M. Barlow of Bozeman, Montana.

For the relief of Richard M. Barlow of Bozeman, Montana.

SECTION 1. CREDIT FOR INTELLIGENT VEHICLE TECHNOLOGY SYSTEMS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. CREDIT FOR INTELLIGENT VEHICLE TECHNOLOGY SYSTEMS. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $500 for each qualified intelligent vehicle system placed in service by the taxpayer during the taxable year. ``(b) Limitation Per Vehicle.--The amount of the credit allowed under subsection (a) with respect to any vehicle shall not exceed the excess of-- ``(1) $1,000, reduced by ``(2) the aggregate amount of any credits allowed to the taxpayer under this section with respect to such vehicle for all prior taxable years. ``(c) Qualified Intelligent Vehicle System.--For purposes of this section-- ``(1) In general.--The term `qualified intelligent vehicle system' means any system of devices described in a subparagraph of paragraph (2) which is installed in a motor vehicle. ``(2) Devices described.--The following devices are described in this paragraph: ``(A) Electronic lane departure warning systems that alert the driver by means of an audio, visual, or tactile warning that the driver has departed from his or her lane of travel. ``(B) Collision avoidance systems that operate at highway speeds of 45 miles per hour or greater and utilize radar to detect potential collisions and provide a visual or audio warning for the driver. ``(C) Navigation systems that are installed devices that provide nationwide route guidance to a driver by providing audio turn-by-turn directions such that a driver can navigate to a destination without looking at a map. ``(D) Active automatic crash notification systems which use wireless telecommunication technologies to immediately alert a private emergency call center when a passenger presses the car's emergency alert button or the car's airbag deploys. ``(E) Electronic or roll stability control systems that are vehicle stability control systems that optimize vehicle control and are specifically designed to monitor and ensure the stability of the vehicle. ``(F) Side obstacle detection systems that increase drivers' awareness of vehicles in side blind spots with an audible or visual warning. ``(G) Automatic back-up warning device systems that alert drivers to people and objects behind their vehicle when backing, including systems that give the driver visibility behind the vehicle when backing up. ``(H) Adaptive cruise control systems that warn drivers of slower-moving traffic ahead. Automatically adjusts speed to maintain a driver-set gap from the vehicle ahead. These systems monitor the area ahead of the vehicle, measuring distance and relative velocity of target vehicles to automatically adjust the speed of the host vehicle to maintain speeds requested by the driver through both braking and throttle control. This includes but is not limited to systems that include a short brake pulse, reversible restraint system activation, or full emergency braking capability to the adaptive cruise control system. ``(I) Adaptive front lighting systems (AFS) that provide optimal visibility in various driving conditions by automatically modifying the beam pattern of the head lighting system in response to vehicle speed, weather conditions, and road situations (city, country, motorway), including headlamps that move with the steering wheel to help illuminate curves or turns. ``(J) Light emitting diode (LED) brake lights that are brighter and activate faster than conventional lamps allowing programming options that are not available with conventional lamps. ``(K) Seat-mounted head protection airbag systems that consist of a small airbag which deploys from the driver or passenger side seat and protects the head in a side-impact crash scenario if such system is certified as performing in a manner that results in a rating of good under the IIHS head protection rating scale in their side-impact crash rating test for front seat occupants. ``(L) Head-curtain airbag system consisting of a wide curtain safety device system embedded in the roof lining of the vehicle which-- ``(i) deploys when triggered by a crash sensor, and ``(ii) covers the front two rows of the vehicle (between the A and C pillars) and at least 80 percent of the glass area adjacent to the occupants. ``(M) Head airbag and rollover protection curtain system consisting of an enlarged roof line mounted airbag system with an enhanced capability of remaining deployed for 5 seconds to provide head, neck, and torso protection in a vehicle rollover crash scenario if such system covers at least 90 percent of the glass opening and meets the proposed occupant ejection mitigation requirements issued by the National Highway Traffic Safety Administration. ``(N) In the case of a motor vehicle any portion of which is subject to tax under section 4051, direct tire pressure monitoring systems for heavy truck applications that provide a real time determination of the condition of the pressure and temperature of the air in the tire. ``(O) Any system specifically identified by the Administrator of the National Highway Traffic Safety Administration for the purposes of this paragraph as significantly enhancing the safety or security of the driver, passengers, or load of a vehicle. ``(3) Removal from device list.--Any system specifically identified by the Administrator of the National Highway Traffic Safety Administration for removal from paragraph (2) shall be treated as not described in any subparagraph of such paragraph effect for systems placed in service after such date as the Administrator shall specify. ``(4) Motor vehicle.--The term `motor vehicle' means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. ``(d) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit. ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states, etc., not qualified.-- No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election to not take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle. ``(e) Supporting Documentation.--No credit shall be allowed under subsection (a) unless the taxpayer receives, at the time of purchase of the qualified intelligent vehicle system, such documentation as the Secretary may require. Such documentation shall identify the type of each intelligent vehicle system installed on the motor vehicle, the purchase date of the motor vehicle containing such system (or the installation date of such system in the case of installation after the date of the first retail sale). The Secretary may not require retail or manufacturer price documentation. ``(f) Termination.--This section shall not apply to any property placed in service after December 31, 2012.''. (b) Determinations by NHTSA.-- (1) In general.--The Administrator of the National Highway Traffic Safety Administration shall, during the 8-month period beginning 40 months after the date of the enactment of this Act and periodically thereafter, identify systems for inclusion in or removal from the list of systems in paragraph (2) of section 36(c) of the Internal Revenue Code of 1986, and shall publish an update of such list taking into account such inclusions and removals. (2) Advisory committee.--For purposes of making identifications described in paragraph (1), such Administrator shall-- (A) establish a committee (which shall include at least one representative from industry and one consumer) to access potentially qualified systems, (B) convene such committee and establish a regular meeting schedule, (C) require quarterly reports from such committee, and (D) make such quarterly reports available to the public. (c) Conforming Amendments.-- (1) 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 redesignating the item relating to section 36 as an item relating to section 37 and by inserting before such item the following new item: ``Sec. 36. Credit for intelligent vehicle technology systems.''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2005.

Amends the Internal Revenue Code to allow a tax credit for the cost of installing a qualified intelligent vehicle system in a motor vehicle. Defines "qualified intelligent vehicle system" to include devices designed to avoid collisions, ensure vehicle stability, provide automatic back-up warnings, or any other devices specifically identified by the Administrator of the National Highway Traffic Safety Administration as significantly enhancing motor vehicle safety.

To amend the Internal Revenue Code of 1986 to provide a credit to facilitate the accelerated development and deployment of crash avoidance and crash protection systems.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sanctioning the Use of Civilians as Defenseless Shields Act''. SEC. 2. STATEMENT OF POLICY. It shall be the policy of the United States to officially and publicly condemn the use of innocent civilians as human shields. SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ARE RESPONSIBLE FOR THE USE OF CIVILIANS AS HUMAN SHIELDS. (a) Imposition of Sanctions.-- (1) Mandatory sanctions.--The President shall impose sanctions described in subsection (d) with respect to each person on the list required under subsection (b). (2) Permissive sanctions.--The President may impose sanctions described in subsection (d) with respect to each person on the list described in subsection (c). (b) Mandatory Sanctions List.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a list of the following: (1) Each foreign person that the President determines, on or after the date of the enactment of this Act-- (A) is a member of Hizballah or is knowingly acting on behalf of Hizballah; and (B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack. (2) Each foreign person that the President determines, on or after the date of the enactment of this Act-- (A) is a member of Hamas or is knowingly acting on behalf of Hamas; and (B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack. (3) Each foreign person or agency or instrumentality of a foreign state that the President determines, on or after the date of the enactment of this Act, knowingly and materially supports, orders, controls, directs, or otherwise engages in-- (A) any act described in subparagraph (B) of paragraph (1) by a person described in that paragraph; or (B) any act described in subparagraph (B) of paragraph (2) by a person described in that paragraph. (c) Permissive Sanctions List.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the President should submit to the appropriate congressional committees a list of each foreign person that the President determines, on or after the date of the enactment of this Act, knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack, excluding foreign persons included in the most recent list under subsection (b). (d) Sanctions Described.--The sanctions to be imposed on a foreign person or an agency or instrumentality of a foreign state under this subsection are the following: (1) Blocking of property.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person or agency or instrumentality of a foreign state if such property or interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Aliens ineligible for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien who the Secretary of State or the Secretary of Homeland Security determines is subject to sanctions under subsection (a) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked.--Any visa or other documentation issued to an alien who is subject to sanctions under subsection (a), regardless of when such visa or other documentation was issued, shall be revoked and such alien shall be denied admission to the United States. (C) Exception to comply with united nations headquarters agreement and other international obligations.--The sanctions under this paragraph shall not be imposed on an individual if admitting such individual to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or with other applicable international obligations. (e) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed to carry out this section to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section 206(a) of such Act. (f) Procedures for Judicial Review of Classified Information.-- (1) In general.--If a finding under this section, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera. (2) Rule of construction.--Nothing in this subsection shall be construed to confer or imply any right to judicial review of any finding under this section or any prohibition, condition, or penalty imposed as a result of any such finding. (g) Waiver.--The President may waive the application of sanctions under this section if the President determines and reports to the appropriate congressional committees that such waiver is in the national security interest of the United States. (h) Regulatory Authority.-- (1) In general.--The President may exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. (2) Issuance of regulations.--Not later than 180 days after the date of the enactment of this Act, the President shall prescribe such regulations as may be necessary to implement this section. (i) Rule of Construction.--Nothing in this section may be construed-- (1) to limit the authorities of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other relevant provision of law; or (2) to apply with respect to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States. SEC. 4. DEFINITIONS. In this Act: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Agency or instrumentality of a foreign state.--The term ``agency or instrumentality of a foreign state'' has the meaning given that term in section 1603(b) of title 28, United States Code. (3) Appropriate congressional committees.--In this section, the term ``appropriate congressional committees'' means-- (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and (B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives. (4) Foreign person.--The term ``foreign person'' means-- (A) any citizen or national of a foreign state, wherever located; or (B) any entity not organized solely under the laws of the United States or existing solely in the United States. (5) Hamas.--The term ``Hamas'' means-- (A) the entity known as Hamas and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or (B) any person identified as an agent or instrumentality of Hamas on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (6) Hizballah.--The term ``Hizballah'' means-- (A) the entity known as Hizballah and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or (B) any person identified as an agent or instrumentality of Hizballah on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (7) United states person.--The term ``United States person'' means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States. SEC. 5. SUNSET. This Act shall cease to be effective on December 31, 2023. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Sanctioning the Use of Civilians as Defenseless Shields Act (Sec. 2) This bill states that it shall be U.S. policy to condemn the use of innocent civilians as human shields. (Sec. 3) The President shall submit to Congress within one year, and annually thereafter, a list of: each foreign person that is a member of Hizballah or Hamas or is knowingly acting on behalf of Hizballah or Hamas and knowingly directs the use of civilians protected by the law of war to shield military objectives from attack, and each foreign person or agency or instrumentality of a foreign state that knowingly and materially directs or supports any such act. The President shall impose U.S.-based property-blocking and visa sanctions, including revocation of existing visas, against a listed person, entity, or instrumentality. The President is urged to submit to Congress within one year, and annually thereafter, a list of each foreign person or entity that knowingly directs the use of civilians protected by the law of war to shield military objectives from attack, excluding those foreign persons included in the most recent mandatory sanctions list. (Sec. 5) This bill shall cease to be effective on December 31, 2023.

Sanctioning Hizballah’s Illicit Use of Civilians as Defenseless Shields Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commission on the Organization of Petroleum Exporting Countries Act of 2016''. SEC. 2. ESTABLISHMENT. There is hereby established a commission to be known as the United States Commission on the Organization of Petroleum Exporting Countries (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. (a) In General.--The Commission shall investigate any anti- competitive involvement of the Organization of Petroleum Exporting Countries (OPEC), its member nations, and affiliated entities in oil markets and make recommendations to reduce the adverse impacts on the United States of such involvement. (b) Specific Duties.--The Commission shall-- (1) investigate behavior of OPEC, its member nations, and affiliated entities, including national oil companies, designed to disadvantage United States oil producers and secure market power through anti-competitive behavior; (2) assess the impact of OPEC's policies on United States economic and energy security interests, including on innovation in both energy production and the transportation of goods and people; (3) assess existing relationships of Federal agencies with OPEC and the extent to which Federal officials are making efforts to mitigate the impact of any potential anti- competitive actions by OPEC; and (4) produce recommendations on reducing the adverse impacts on the United States of such activities, including through policy reform in the areas of taxes, trade, defense, and research and development, and diplomacy, among others. SEC. 4. MEMBERS OF COMMISSION. (a) Number and Appointment.--The Commission shall be composed of 16 members appointed by the President as follows: (1) 4 members shall be appointed from among individuals independently determined by the President to be qualified for appointment. (2) 4 members shall be appointed from a list of 8 individuals who shall be nominated by the majority leader of the Senate in consultation with the chairman of the Committee on Energy and Natural Resources of the Senate. (3) 4 members shall be appointed from a list of 8 individuals who shall be nominated by the Speaker of the House of Representatives in consultation with the chairman of the Committee on Energy and Commerce and the chairman of the Committee on Natural Resources of the House of Representatives. (4) 2 members shall be appointed from a list of 4 individuals who shall be nominated by the minority leader of the Senate in consultation with the ranking member of the Committee on Energy and Natural Resources of the Senate. (5) 2 members shall be appointed from a list of 4 individuals who shall be nominated by the minority leader of the House of Representatives in consultation with the ranking member of the Committee on Energy and Commerce and the ranking member of the Committee on Natural Resources of the House of Representatives. (b) Qualifications.-- (1) In general.--In making appointments under this section, the President shall give consideration to individuals who are knowledgeable on energy issues, including oil market dynamics, oil and gas exploration and production, crude oil refining, oil and gas pipelines, transportation-related fuel consumption, oil use efficiency, national security, foreign policy, macroeconomics, labor, environment, logistics, shipping, tourism, consumer goods, manufacturing, and tourism. (2) Balance of expertise areas.--In making appointments under this section, the President shall seek to ensure the membership of the Commission is balanced by area of expertise to the extent consistent with maintaining the highest level of expertise on the Commission. (3) U.S. citizen requirement.--Members of the Commission shall be United States citizens. (c) Timing of Appointments.--Appointments to the Commission shall be made not later than 60 days after the date of enactment of this Act. (d) Terms; Vacancies.--Each member shall be appointed for the duration of the Commission. Any vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (e) Chairman.--The chairman of the Commission shall be selected by the President. The chairman of the Commission shall be responsible for-- (1) the assignment of duties and responsibilities among staff personnel and their continuing supervision; and (2) the use and expenditure of funds available to the Commission. (f) Meetings.-- (1) Administration.--All meetings of the Commission shall be open to the public, except that a meeting or any portion of it may be closed to the public if it concerns matters or information described in section 552b(c) of title 5, United States Code. Interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject matter of the meeting. The Commission may administer oaths or affirmations to any person appearing before it. (2) Notice; minutes; public availability of documents.-- (A) Notice.--All open meetings of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting. (B) Minutes.--Minutes of each meeting shall be kept and shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. Subject to section 552 of title 5, United States Code, the minutes and records of all meetings and other documents that were made available to or prepared for the Commission shall be available for public inspection and copying at a single location in the offices of the Commission. (3) Initial meeting.--The Commission shall hold its first meeting within 30 days after all members of the Commission have been appointed. SEC. 5. STAFFING AND RESOURCES. (a) Staffing.--The chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary for the Commission to perform its duties. The executive director shall be compensated at a rate not to exceed the rate payable for Level IV of the Executive Schedule under chapter 53 of title 5, United States Code. The chairman shall select staff from among qualified individuals who are citizens of the United States. (b) Resources.--In carrying out its duties under section 3, the Commission-- (1) is authorized to secure directly from any Federal department or agency any information it deems necessary to carry out its functions under this Act, and each such department or agency is authorized to cooperate with the Commission and, to the extent permitted by law, to furnish such information (other than information described in section 552(b)(1)(A) of title 5, United States Code) to the Commission, upon the request of the Commission; (2) may enter into contracts, subject to the availability of appropriations for contracting, and employ such staff experts and consultants as may be necessary to carry out the duties of the Commission, as provided by section 3109 of title 5, United States Code; and (3) shall establish a multidisciplinary science and technical advisory panel of experts in the field of energy to assist the Commission in preparing its report, including ensuring that the scientific and technical information considered by the Commission is based on the best information available. SEC. 6. REPORT. (a) Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to Congress and the President a report of its findings and recommendations regarding the activities required by section 3. (b) Administrative Procedure for Report and Review.--Chapter 5 and chapter 7 of title 5, United States Code, do not apply to the preparation, review, or submission of the report required by subsection (a). SEC. 7. TERMINATION. The Commission shall terminate not later than 90 days after the date on which the Commission submits its report under section 6. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000 for fiscal years 2017 and 2018. (b) Availability.--Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended. SEC. 9. POLICY RECOMMENDATIONS. Not later than 90 days after receiving the report of the Commission under section 6, the President shall submit to Congress a statement of proposals to implement or respond to the Commission's recommendations contained in the report.

United States Commission on the Organization of Petroleum Exporting Countries Act of 2016 This bill establishes the United States Commission on the Organization of Petroleum Exporting Countries (OPEC) to investigate and address any practices on the part of OPEC that prevent or reduce competition in the global oil market. The Commission shall be composed of a bipartisan group of 16 experts on energy and related matters chosen by the leadership of both parties in Congress and appointed by the President. All members of the Commission must be U.S. citizens. The bill requires the Commission to: determine whether the anti-competitive behavior of OPEC is designed to disadvantage U.S. oil producers; assess the impact of OPEC's policies on U.S. economic and energy security interests; assess how federal agencies are working to alleviate the potential negative impacts of OPEC's behavior; and produce policy recommendations for tax, trade, defense, diplomacy, and other areas where OPEC's behavior is found to cause adverse impacts. The Commission must submit a report of its findings and recommendations to Congress and the President within 12 months. The Commission shall terminate within 90 days after submission of its report. On receipt of the Commission's report, the President will have 90 days to submit Congress a proposal to implement or respond to the recommendations.

United States Commission on the Organization of Petroleum Exporting Countries Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Terrorism Explosives Control Act of 2001''. TITLE IV--ADDITIONAL LAW ENFORCEMENT AUTHORITY SEC. 402. PERMITS FOR PURCHASERS OF EXPLOSIVES. (a) Definitions.--Section 841(j) of title 18, United States Code, is amended to read as follows: ``(j) Permittee means any user of explosives for a lawful purpose, who has obtained either a user permit or a limited permit under the provisions of this chapter.'' (b) Permits for Purchase of Explosives.--Section 842 of title 18, United States Code, is amended-- (1) in subsection (a)(2), by striking ``and''; (2) by striking subsection (a)(3) and inserting new subsections (a)(3) and (a)(4) to read as follows: ``(3) other than a licensee or permittee knowingly-- ``(A) to transport, ship, cause to be transported, or receive any explosive materials, or ``(B) to distribute explosive materials to any person other than a licensee or permittee; or ``(4) who is a holder of a limited permit-- ``(A) to transport, ship, cause to be transported, or receive in interstate or foreign commerce any explosive materials; or ``(B) to receive explosive materials from a licensee or permittee whose premises are located within the holder's State of residence on more than four occasions different from one another, pursuant to regulations implemented by the Secretary.''; (3) by amending subsection (b) to read as follows: ``(b) It shall be unlawful for any licensee or permittee knowingly to distribute any explosive materials to any person other than ``(1) a licensee; ``(2) a holder of a user permit; or ``(3) a holder of a limited permit who is a resident of the State where distribution is made and in which the transferor's premises are located.''; and (4) in the first sentence of subsection (f), by inserting ``, other than a holder of a limited permit,'' after ``permittee''. (c) Licenses and User Permits.--Section 843(a) of title 18, United States Code, is amended-- (1) by inserting ``or limited permit'' after ``user permit'' in the first sentence; (2) by inserting ``, including the names of and appropriate identifying information regarding all employees who will possess explosive materials, as well as fingerprints and a photograph of the applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association)'' before the period at the end of the first sentence; and (3) by striking the third sentence and inserting ``Each license or user permit shall be valid for no longer than three years from date of issuance and each limited permit shall be valid for no longer than one year from date of issuance. Each license or permit shall be renewable upon the same conditions and subject to the same restrictions as the original license or permit and upon payment of a renewal fee not to exceed one-half of the original fee.''. (d) Criteria for Approving Licenses and Permits.--Section 843(b) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (2), (3), (4), and (5), as paragraphs (3), (4), (5), and (6), respectively, and inserting a new paragraph (2) to read as follows: ``(2) none of the employees of the applicant who will possess explosive materials in the course of their employment with the applicant is a person whose possession of explosives would be unlawful under section 842(i) of this chapter;''; (2) by striking the word ``and'' at the end of paragraph (5), as redesignated; (3) by striking the period at the end of paragraph (6), as redesignated, and inserting ``; and''; and (4) by adding a new paragraph (7) to read as follows: ``(7) in the case of a limited permit, the applicant has certified in writing that he or she will not receive explosive materials on more than four occasions different from one another during the 12-month period for which the limited permit is valid.''. (e) Inspection Authority.--Section 843(f) of title 18, United States Code, is amended-- (1) in the first sentence-- (A) by striking ``permittees'' and inserting ``holders of user permits'', and (B) by inserting ``licensees and permittees'' before the words ``shall submit''; and (2) in the second sentence, by striking ``permittee'' the first time it appears and inserting ``holder of a user permit''. (f) Posting of Permits.--Section 843(g) of title 18, United States Code, is amended by inserting ``user'' before ``permits''. (g) Effective Date.--The amendments made by this section shall take effect 180 days after the date of enactment of this Act. SEC. 403. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING EXPLOSIVE MATERIALS. (a) Distribution of Explosives.--Section 842(d) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting `` or who has been committed to a mental institution;''; and (3) by adding at the end the following new paragraphs: ``(7) is an alien, other than a lawful permanent resident alien (as that term is defined in section 101(a)(20) of the Immigration and Nationality Act) or an alien described in subsection (q)(2); ``(8) who has been discharged from the Armed Forces under dishonorable conditions; or ``(9) who, having been a citizen of the United States, has renounced his citizenship.''. (b) Possession of Explosive Materials.--Section 842(i) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (3); (2) by inserting after paragraph (4) the following new paragraphs: ``(5) who, is an alien, other than a lawful permanent resident alien (as that term is defined in section 101(a)(20) of the Immigration and Nationality Act) or an alien described in subsection (q)(2); ``(6) who has been discharged from the Armed Forces under dishonorable conditions; or ``(7) who, having been a citizen of the United States, has renounced his citizenship.''. (c) Definition.--Section 842 of title 18, United States Code, is amended by adding at the end a new subsection (q) as follows: ``(q) Provisions Relating to Legal Aliens.-- ``(1) Definition.--In this subsection, the term `alien' has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)). ``(2) Exceptions.--Sections (d)(7) and (i)(5) do not apply to any alien who is in lawful non-immigrant status, is a refugee admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or is in asylum status under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), and ``(A) is a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business; ``(B) is a person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed pursuant to section 843(a), and shipping, transporting, possessing, or receiving explosive materials related to such authority; or ``(C) is a member of a NATO or other friendly foreign military force (whether or not admitted in a non-immigrant status) who is present in the United States under military orders for training or other authorized purpose, and the shipping, transporting, possessing, or receiving explosive materials is in furtherance of the military purpose.''. ``(3) Waiver.-- ``(A) Conditions for waiver.--Any individual who has been admitted to the United States under a non- immigrant visa may receive a waiver from the requirements of subsection (i)(5) if: ``(i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph (C); and ``(ii) the Attorney General approves the petition. ``(B) Petition.--Each petition under subparagraph (B) shall-- ``(i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph; and ``(ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to acquire explosives and certifying that the alien would not, absent the application of subsection (i)(5), otherwise be prohibited from such an acquisition under subsection (i). ``(C) Approval of petition.--The Attorney General shall approve a petition submitted in accordance with this paragraph if the Attorney General determines that waiving the requirements of subsection (i)(5), with respect to the petitioner-- ``(i) would be in the interests of justice; and ``(ii) would not jeopardize the public safety.''. SEC. 404. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE MATERIALS AND AMMONIUM NITRATE. Section 843 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(h) Licensed manufacturers and licensed importers and persons who manufacture or import explosive materials or ammonium nitrate shall, when required by letter issued by the Secretary, furnish samples of such explosive materials or ammonium nitrate, information on chemical composition of such products, and any other information that the Secretary determines is relevant to the identification and classification of the explosive materials or to identification of the ammonium nitrate. The Secretary may, by regulation, authorize reimbursement of the fair market value of samples furnished pursuant to this subsection, as well as the reasonable costs of shipment.''. SEC. 405. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING FEDERAL FINANCIAL ASSISTANCE. Section 844(f)(1) of title 18, United States Code, is amended by inserting ``or any institution or organization receiving Federal financial assistance,'' before the word ``shall''.

Anti-Terrorism Explosives Control Act of 2001 - Rewrites Federal criminal code provisions regarding the purchase of explosives to create a new "limited permit" category. Prohibits a holder of a limited permit from: (1) transporting, shipping, causing to be transported, or receiving in interstate or foreign commerce any explosive materials; or (2) receiving explosive materials from a licensee or permittee whose premises are located within the holder's State of residence on more than four separate occasions.Requires license, user permit, and limited permit applicants to include the names of and identifying information regarding all employees who will possess explosive materials, as well as fingerprints and a photograph. Makes each limited permit valid for no longer than one year.Prohibits certain categories of individual from being approved for licenses or permits. Requires an applicant for a limited permit to certify in writing that he or she will not receive explosive materials on more than four separate occasions during the period for which the limited permit is valid.Prohibits: (1) the distribution of explosive materials to persons committed to a mental institution; and (2) the distribution to, or possession of explosive materials by, certain aliens, persons dishonorably discharged from the armed forces, or persons who have renounced their U.S. citizenship.Requires licensed manufacturers, licensed importers, and those who manufacture or import explosive materials or ammonium nitrate to furnish samples and relevant information when required by the Secretary.Sets penalties for the destruction of property of institutions receiving Federal financial assistance.

To combat terrorism and defend the Nation against terrorist acts involving the illegal acquisition of explosives by dangerous criminals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Disability Fairness Act of 2016''. SEC. 2. PHASED-IN PAYMENT OF SSDI BENEFITS DURING THE WAITING PERIOD FOR THE TERMINALLY ILL. (a) In General.--Section 223 of the Social Security Act (42 U.S.C. 423) is amended-- (1) in subsection (a)-- (A) in paragraph (1), in the matter following subparagraph (E), by striking ``or (ii)'' and inserting ``(ii) subject to paragraph (2)(B), for each month beginning with the first month during all of which the individual is determined under subparagraph (D) of subsection (d)(2) to be under a disability and in which he becomes so entitled to such insurance benefits, or (iii)''; (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) in subparagraph (C), as so redesignated, by striking ``(ii)'' and inserting ``(iii)''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which the individual becomes entitled to such disability insurance benefits, subject to the phase-in percentage period described in paragraph (3)(A), or''; and (C) by adding at the end the following new paragraph: ``(3)(A) For purposes of paragraph (2)(B), in any case in which clause (ii) of paragraph (1) of this subsection is applicable, an individual's disability insurance benefit for the earliest period of consecutive calendar months throughout which the individual has been entitled to such insurance benefits shall be equal to the product of the benefit amount determined under paragraph (2)(B) (as determined before application of this paragraph) and-- ``(i) for the first calendar month, 50 percent; ``(ii) for the second calendar month, 75 percent; and ``(iii) for each subsequent calendar month through the twelfth calendar month, 100 percent. ``(B) If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 12 consecutive calendar months, the individual's disability insurance benefit for any month during the subsequent period of 12 consecutive calendar months shall be equal to-- ``(i) the benefit amount determined under paragraph (2)(B) (as determined before application of subparagraph (A)); minus ``(ii) the quotient obtained by dividing the total amount of disability insurance benefits provided to the individual during the earliest period of five consecutive calendar months for which the individual was entitled to such benefits on such basis by 12. ``(C) If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 24 consecutive calendar months, the individual's disability insurance benefit for any subsequent month shall be equal to 95 percent of the benefit amount determined under paragraph (2)(B) (as determined before application of subparagraphs (A) and (B)).''; and (2) in subsection (d)(2), by adding at the end the following: ``(D) For purposes of clause (ii) of paragraph (1) of subsection (a), an individual shall be determined to be under a disability upon submission of a diagnosis of a terminal illness (as defined in section 1861(dd)(3)(A)) that has been certified by not less than 2 physicians (as defined in section 1861(r)(1)) who are not related (as defined in section 267(c)(4) of the Internal Revenue Code) and are not in the same physician group practice.''. (b) Reports to Congress.-- (1) Report by social security administration.--Not later than 12 months after the date of the enactment of this Act, and each year thereafter, the Commissioner of Social Security, in coordination with the Inspector General of the Social Security Administration, shall submit to the relevant committees of Congress a report that evaluates the provision of disability insurance benefits to terminally ill individuals, including-- (A) the total number of individuals who-- (i) filed applications for disability insurance benefits (as determined under section 223(a)(3) of the Social Security Act) based on a diagnosis of a terminal illness; (ii) receive such benefits; (iii) die within 6 months of first receiving such benefits; (iv) die within 12 months of first receiving such benefits; (v) receive such benefits during the period described in section 223(a)(3)(B) of the Social Security Act; and (vi) receive such benefits during the period described in section 223(a)(3)(C) of the Social Security Act; (B) the total amount expended, including related administrative expenses, for the provision of disability insurance benefits under section 223(a)(3) of the Social Security Act to individuals diagnosed with a terminal illness; and (C) recommendations for such legislation and administrative actions as are determined appropriate for preventing fraud, waste, and abuse related to such benefits. (2) Report by government accountability office.--Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the relevant committees of Congress that evaluates the provision of disability insurance benefits to terminally ill individuals and provides recommendations for such legislation and administrative actions as are determined appropriate to improve the provision of such benefits to such individuals. (c) Effective Date; Sunset.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply to benefits payable for months beginning after December 31, 2016. (2) Sunset.--The amendments made by subsection (a) shall cease to have effect on January 1, 2022, and upon such date, section 223 of the Social Security Act shall read as if such amendments had not been enacted.

Social Security Disability Fairness Act of 2016 This bill amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prescribe formulae for payment of Social Security Disability Insurance benefits over a period of 24 consecutive calendar months for individuals determined to be under a disability upon submission of a diagnosis of a terminal illness.

Social Security Disability Fairness Act of 2016

SECTION 1. FEDERAL RENEWABLE PORTFOLIO STANDARD. Title VI of the Public Utility Regulatory Policies Act of 1978 is amended by adding at the end the following: ``SEC. 606. FEDERAL RENEWABLE PORTFOLIO STANDARD. ``(a) Minimum Renewable Generation Requirement.--For each calendar year beginning in calendar year 2005, each retail electric supplier shall submit to the Secretary, not later than April 1 of the following calendar year, renewable energy credits in an amount equal to the required annual percentage specified in subsection (b). ``(b) Required Annual Percentage.--For calendar years 2005 through 2025, the required annual percentage of the retail electric supplier's base amount that shall be generated from renewable energy resources shall be the percentage specified in the following table: Required annual ``Calendar Years percentage 2005 through 2006.......................... 1.0 2007 through 2008.......................... 2.2 2009 through 2010.......................... 3.4 2011 through 2012.......................... 4.6 2013 through 2014.......................... 5.8 2015 through 2016.......................... 7.0 2017 through 2018.......................... 8.5 2019 through 2020.......................... 10.0 2020 through 2021.......................... 12.0 2021 through 2022.......................... 14.0 2022 through 2023.......................... 16.0 2023 through 2024.......................... 18.0 2024 through 2025.......................... 20.0. ``(c) Submission of Credits.--(1) A retail electric supplier may satisfy the requirements of subsection (a) through the submission of renewable energy credits-- ``(A) issued to the retail electric supplier under subsection (d); ``(B) obtained by purchase or exchange under subsection (e); or ``(C) borrowed under subsection (f). ``(2) A credit may be counted toward compliance with subsection (a) only once. ``(d) Issuance of Credits.--(1) The Secretary shall establish, not later than 1 year after the date of enactment of this section, a program to issue, monitor the sale or exchange of, and track renewable energy credits. ``(2) Under the program, an entity that generates electric energy through the use of a renewable energy resource may apply to the Secretary for the issuance of renewable energy credits. The application shall indicate-- ``(A) the type of renewable energy resource used to produce the electricity, ``(B) the location where the electric energy was produced, and ``(C) any other information the Secretary determines appropriate. ``(3)(A) Except as provided in paragraphs (B), (C), and (D), the Secretary shall issue to an entity one renewable energy credit for each kilowatt-hour of electric energy the entity generates from the date of enactment of this section and in each subsequent calendar year through the use of a renewable energy resource at an eligible facility. ``(B) For incremental hydropower the credits shall be calculated based on the expected increase in average annual generation resulting from the efficiency improvements or capacity additions. The number of credits shall be calculated using the same water flow information used to determine a historic average annual generation baseline for the hydroelectric facility and certified by the Secretary or the Federal Energy Regulatory Commission. The calculation of the credits for incremental hydropower shall not be based on any operational changes at the hydroelectric facility not directly associated with the efficiency improvements or capacity additions. ``(C) The Secretary shall issue two renewable energy credits for each kilowatt-hour of electric energy generated and supplied to the grid in that calendar year through the use of a renewable energy resource at an eligible facility located on Indian land. For purposes of this paragraph, renewable energy generated by biomass cofired with other fuels is eligible for two credits only if the biomass was grown on the land eligible under this paragraph. ``(D) For renewable energy resources produced from a generation offset, the Secretary shall issue two renewable energy credits for each kilowatt-hour generated. ``(E) To be eligible for a renewable energy credit, the unit of electric energy generated through the use of a renewable energy resource may be sold or may be used by the generator. If both a renewable energy resource and a nonrenewable energy resource are used to generate the electric energy, the Secretary shall issue credits based on the proportion of the renewable energy resource used. The Secretary shall identify renewable energy credits by type and date of generation. ``(4) When a generator sells electric energy generated through the use of a renewable energy resource to a retail electric supplier under a contract subject to section 210 of this Act, the retail electric supplier is treated as the generator of the electric energy for the purposes of this section for the duration of the contract. ``(5) The Secretary may issue credits for existing facility offsets to be applied against a retail electric supplier's own required annual percentage. The credits are not tradeable and may only be used in the calendar year generation actually occurs. ``(e) Credit Trading.--A renewable energy credit may be sold or exchanged by the entity to whom issued or by any other entity who acquires the credit. A renewable energy credit for any year that is not used to satisfy the minimum renewable generation requirement of subsection (a) for that year may be carried forward for use within the next 4 years. ``(f) Credit Borrowing.--At any time before the end of calendar year 2005, a retail electric supplier that has reason to believe it will not have sufficient renewable energy credits to comply with subsection (a) may-- ``(1) submit a plan to the Secretary demonstrating that the retail electric supplier will earn sufficient credits within the next 3 calendar years which, when taken into account, will enable the retail electric suppliers to meet the requirements of subsection (a) for calendar year 2005 and the subsequent calendar years involved; and ``(2) upon the approval of the plan by the Secretary, apply credits that the plan demonstrates will be earned within the next 3 calendar years to meet the requirements of subsection (a) for each calendar year involved. ``(g) Credit Cost Cap.--The Secretary shall offer renewable energy credits for sale at the lesser of 3 cents per kilowatt-hour or 200 percent of the average market value of credits for the applicable compliance period. On January 1 of each year following calendar year 2005, the Secretary shall adjust for inflation the price charged per credit for such calendar year, based on the Gross Domestic Product Implicit Price Deflator. ``(h) Enforcement.--The Secretary may bring an action in the appropriate United States district court to impose a civil penalty on a retail electric supplier that does not comply with subsection (a), unless the retail electric supplier was unable to comply with subsection (a) for reasons outside of the supplier's reasonable control (including weather-related damage, mechanical failure, lack of transmission capacity or availability, strikes, lockouts, actions of a governmental authority). A retail electric supplier who does not submit the required number of renewable energy credits under subsection (a) shall be subject to a civil penalty of not more than the greater of 3 cents or 200 percent of the average market value of credits for the compliance period for each renewable energy credit not submitted. ``(i) Information Collection.--The Secretary may collect the information necessary to verify and audit-- ``(1) the annual electric energy generation and renewable energy generation of any entity applying for renewable energy credits under this section, ``(2) the validity of renewable energy credits submitted by a retail electric supplier to the Secretary, and ``(3) the quantity of electricity sales of all retail electric suppliers. ``(j) Environmental Savings Clause.--Incremental hydropower shall be subject to all applicable environmental laws and licensing and regulatory requirements. ``(k) State Savings Clause.--This section does not preclude a State from requiring additional renewable energy generation in that State, or from specifying technology mix. ``(l) Definitions.--For purposes of this section: ``(1) Biomass.--The term `biomass' means any organic material that is available on a renewable or recurring basis, including dedicated energy crops, trees grown for energy production, wood waste and wood residues, plants (including aquatic plants, grasses, and agricultural crops), residues, fibers, animal wastes and other organic waste materials, and fats and oils, except that with respect to material removed from National Forest System lands the term includes only organic material from-- ``(A) thinnings from trees that are less than 12 inches in diameter; ``(B) slash; ``(C) brush; and ``(D) mill residues. ``(2) Eligible facility.--The term `eligible facility' means-- ``(A) a facility for the generation of electric energy from a renewable energy resource that is placed in service on or after the date of enactment of this section; or ``(B) a repowering or cofiring increment that is placed in service on or after the date of enactment of this section at a facility for the generation of electric energy from a renewable energy resource that was placed in service before that date. ``(3) Eligible renewable energy resource.--The term `renewable energy resource' means solar, wind, ocean, or geothermal energy, biomass (excluding solid waste and paper that is commonly recycled), landfill gas, a generation offset, or incremental hydropower. ``(4) Generation offset.--The term `generation offset' means reduced electricity usage metered at a site where a customer consumes energy from a renewable energy technology. ``(5) Existing facility offset.--The term `existing facility offset' means renewable energy generated from an existing facility, not classified as an eligible facility, that is owned or under contract to a retail electric supplier on the date of enactment of this section. ``(6) Incremental hydropower.--The term `incremental hydropower' means additional generation that is achieved from increased efficiency or additions of capacity after the date of enactment of this section at a hydroelectric dam that was placed in service before that date. ``(7) Indian land.--The term `Indian land' means-- ``(A) any land within the limits of any Indian reservation, pueblo, or rancheria, ``(B) any land not within the limits of any Indian reservation, pueblo, or rancheria title to which was on the date of enactment of this paragraph either held by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation, ``(C) any dependent Indian community, and ``(D) any land conveyed to any Alaska Native corporation under the Alaska Native Claims Settlement Act. ``(8) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(9) Renewable energy.--The term `renewable energy' means electric energy generated by a renewable energy resource. ``(10) Renewable energy resource.--The term `renewable energy resource' means solar, wind, ocean, or geothermal energy, biomass (including municipal solid waste), landfill gas, a generation offset, or incremental hydropower. ``(11) Repowering or cofiring increment.--The term `repowering or cofiring increment' means the additional generation from a modification that is placed in service on or after the date of enactment of this section to expand electricity production at a facility used to generate electric energy from a renewable energy resource or to cofire biomass that was placed in service before the date of enactment of this section, or the additional generation above the average generation in the 3 years preceding the date of enactment of this section, to expand electricity production at a facility used to generate electric energy from a renewable energy resource or to cofire biomass that was placed in service before the date of enactment of this section. ``(12) Retail electric supplier.--The term `retail electric supplier' means a person that sells electric energy to electric consumers and sold not less than 1,000,000 megawatt-hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year, except that such term does not include the United States, a State or any political subdivision of a State, or any agency, authority, or instrumentality of any one or more of the foregoing, or a rural electric cooperative. ``(13) Retail electric supplier's base amount.--The term `retail electric supplier's base amount' means the total amount of electric energy sold by the retail electric supplier to electric customers during the most recent calendar year for which information is available, excluding electric energy generated by-- ``(A) an eligible renewable energy resource; ``(B) municipal solid waste; or ``(C) a hydroelectric facility. ``(m) Sunset.--This section expires December 31, 2030.''.

Amends the Public Utility Regulatory Policies Act of 1978 to prescribe guidelines for a Federal Renewable Portfolio Standard under which retail electric suppliers submit renewable energy credits to the Secretary.

To amend title VI of the Public Utility Regulatory Policies Act of 1978 to establish a Federal renewable energy portfolio standard for certain retail electric utilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Homebuyer Accessibility Act of 2012''. SEC. 2. VETERAN FIRST-TIME HOMEBUYER TAX CREDIT. (a) In General.--Subsection (a) of section 36 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Allowance of Credit.--In the case of an eligible veteran who purchases a principal residence in the United States during the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 10 percent of the purchase price of the residence.''. (b) Additional Limitation for Adaptive Housing Improvements.-- Paragraph (1) of section 36(b) of such Code is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Special rule for adaptive housing improvements.--In the case of a principal residence with special fixtures or movable facilities made necessary by the nature of the disability of the veteran, if such fixtures and facilities are-- ``(i) provided to the veteran pursuant to specially adapted housing assistance under chapter 21 of title 38, United States Code, or ``(ii) similar to such fixtures and facilities that would be provided to the veteran if the veteran received such assistance, then subparagraph (A) shall be increased by the lesser of $8,000 or the portion of the purchase price of the principal residence attributable such fixtures or movable facilities.''. (c) Eligible Veteran.-- (1) In general.--Paragraph (1) of section 36(c) of such Code is amended by striking ``First-time homebuyer.--The term `first time homebuyer' means any individual'' and inserting ``Eligible veteran.--The term `eligible veteran' means any individual who is a veteran (as defined in section 101(2) of title 38, United States Code)''. (2) Long-time resident.--Paragraph (6) of section 36(c) of such Code is amended by striking ``treated as a first-time homebuyer'' and inserting ``treated as meeting the no present ownership interest requirement of paragraph (1)''. (d) Recapture of Credit.--Subsection (f) of section 36 is amended to read as follows: ``(f) Recapture of Credit.-- ``(1) In general.--If a taxpayer disposes of the principal residence with respect to which a credit was allowed under subsection (a) (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the end of the 36-month period beginning on the date of the purchase of such residence by the taxpayer the tax imposed by this chapter for the taxable year of such disposition or cessation shall be increased by the amount of the credit so allowed. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraphs (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence during the 2-year period beginning on the date of the disposition or cessation referred to in paragraph (1). Paragraph (1) shall apply to such new principal residence during the 36-month period referred to therein in the same manner as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Special rule for members of the armed forces, etc.-- ``(i) In general.--In the case of the disposition of a principal residence by an individual (or a cessation referred to in paragraph (1)) in connection with Government orders received by such individual, or such individual's spouse, for qualified official extended duty service, paragraph (1) shall not apply to such disposition (or cessation). ``(ii) Qualified official extended duty service.--For purposes of this section, the term `qualified official extended duty service' means service on qualified official extended duty as-- ``(I) a member of the uniformed services, ``(II) a member of the Foreign Service of the United States, or ``(III) an employee of the intelligence community. ``(iii) Definitions.--Any term used in this subparagraph which is also used in paragraph (9) of section 121(d) shall have the same meaning as when used in such paragraph. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle.''. (e) Application of Credit.--Subsection (h) of section 36 of the Internal Revenue Code of 1986 is amended to read as follows: ``(h) Termination.--This section shall not apply to any residence purchased after December 31, 2016.''. (f) Assignment of Credit in Case of Construction.--Section 36, as amended by this Act, is amended by adding at the end the following new subsection: ``(i) Credit May Be Assigned.-- ``(1) In general.--In the case of a residence constructed by the taxpayer, if such taxpayer elects the application of this subsection for any taxable year, any portion of the credit determined under this section which is attributable to an increase under subparagraph (B) of subsection (b)(1) for such year which would (but for this subsection) be allowable to the taxpayer may be assigned to any person who is an eligible designee. The person so designated shall be allowed the amount of the credit so assigned and shall be treated as the taxpayer with respect to such credit for purposes of this title (other than this paragraph), except that such credit shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Eligible designee.--For purposes of paragraph (1), the term `eligible designee' means any person who, with respect to the residence, provides or installs any improvements, special fixtures, or movable facilities to which the credit is attributable under subparagraphs (B) of subsection (b)(1). ``(3) Election requirements.--Any election under paragraph (1) shall include such information and shall be made at such time, and in such form and manner, as the Secretary shall by regulation prescribe.''. (g) Conforming Amendments.-- (1) Paragraph (2) of section 26(b) of such Code is amended by striking ``and'' at the end of subparagraph (W), by striking the period at the end of subparagraph (X) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(Y) section 36(f) (relating to recapture of veteran first-time homebuyer tax credit).''. (2) Section 38(b) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, and'', and by adding at the end the following new paragraph: ``(37) the portion of the veteran first-time homebuyers credit assigned to the taxpayer to which the second sentence of section 36(i)(1) applies,''. (3) The heading for section 1400C(e)(4) is amended by striking ``national first-time homebuyers credit'' and inserting ``veteran first-time homebuyers credit''. (h) Clerical Amendment.--The item relating to section 36 in the table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 36. Veteran first-time homebuyer credit.''. (i) Effective Date.--The amendments made by this section shall apply to residences purchased after the date of the enactment of this Act. SEC. 3. VETERAN HOME MOBILITY IMPROVEMENT CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 37 the following new section: ``SEC. 36C. VETERAN HOME MOBILITY IMPROVEMENT CREDIT. ``(a) In General.--In the case of a veteran, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified adaptive housing improvements for the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) shall not exceed $8,000. ``(c) Qualified Adaptive Housing Improvement.--For purposes of this section, the term `qualified adaptive housing improvement' means special fixtures or movable facilities with respect to the principal residence of the veteran which are made necessary by the nature of the disability of the veteran, if such fixtures and facilities are-- ``(1) provided to the veteran pursuant to specially adapted housing assistance under chapter 21 of title 38, United States Code, or ``(2) similar to such fixtures and facilities that would be provided to the veteran if the veteran received such assistance. ``(d) Credit May Be Assigned.-- ``(1) In general.--If the taxpayer elects the application of this subsection for any taxable year, any portion of the credit under this section for such year which would (but for this subsection) be allowable to the taxpayer may be assigned to any person who is an eligible designee. The person so designated shall be allowed the amount of the credit so assigned and shall be treated as the taxpayer with respect to such credit for purposes of this title (other than this paragraph), except that such credit shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Eligible designee.--For purposes of paragraph (1), the term `eligible designee' means any person who, with respect to the residence, provides or installs any qualified adaptive housing improvements to which the credit under this section is attributable. ``(3) Election requirements.--Any election under paragraph (1) shall include such information and shall be made at such time, and in such form and manner, as the Secretary shall by regulation prescribe.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``, 36C'' after ``36B''. (2) Section 38(b), as amended by this Act, is amended by striking ``plus'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) the portion of the veteran home mobility improvement credit assigned to the taxpayer to which the second sentence of section 36C(d)(1) applies''. (3) 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 before the item relating to section 37 the following new item: ``Sec. 36C. Veteran home mobility improvement credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

Veterans Homebuyer Accessibility Act of 2012 - Amends the Internal Revenue Code, with respect to the tax credit for first-time homebuyers, to allow veterans of the Armed Forces a tax credit for 10% of the purchase price of a principal residence purchased prior to January 1, 2017. Allows an additional credit for the cost of installing special fixtures or movable facilities in a residence to accommodate a disability of the veteran. Requires a recapture of credit amounts if the veterans sells such residence within 36 months after purchasing it.

To amend the Internal Revenue Code of 1986 to allow a credit for veteran first-time homebuyers and for adaptive housing and mobility improvements for disabled veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Accountability Act of 1993''. SEC. 2. APPLICATION. (a) General Rule.--Notwithstanding any other provision of law, the laws specified in subsection (b) shall, to the extent that they relate to the terms and conditions of employment (including hiring, promotion or demotion, salary, benefits, work assignments or reassignments, overtime, and termination), the health and safety of employees, and the rights and responsibilities of employers and employees, apply to the Congress in the same manner and to the same extent as they apply-- (1) in the case of a private person, to such a person; and (2) in the case of an Executive agency (as defined by section 105 of title 5, United States Code), to such an agency. (b) Laws Made Applicable to Congress by This Act.--The laws referred to in subsection (a) are the following: (1) Social Security Act (42 U.S.C. 301 et seq.). (2) National Labor Relations Act (29 U.S.C. 151 et seq.). (3) Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). (4) Civil Rights Act of 1964. (5) Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.). (6) Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (7) Title IX of the Education Amendments of 1972. (8) Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (9) Privacy Act of 1974 (5 U.S.C. 552a, 552a note). (10) Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). (11) Ethics in Government Act of 1978. (12) Americans with Disabilities Act of 1990. (c) Application of the Freedom of Information Act.--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. (d) Application of Independent Counsel Provisions.--Chapter 40 of title 28, United States Code (relating to independent counsel), shall apply to the Congress, such that the individuals referred to in subsections (e) (1), (2), (3), (6), and (7) of this Act shall be deemed to be included in section 591(b) of title 28, United States Code. (e) Individuals Covered by Act.--This Act shall apply to the following individuals: (1) A Senator or Representative in, or Resident Commissioner or Delegate to, the Congress (hereafter in this Act referred to as ``Members''). (2) An employee of either House of Congress, of a committee of either House, or a joint committee of the two Houses. (3) An elected officer of either House who is not a Member. (4) The Legislative Counsel of either House and an employee of the Legislative Counsel. (5) A member of the Capitol Police. (6) An employee of a Member if the pay of the employee is paid by the Secretary of the Senate or the Clerk of the House of Representatives. (7) An employee of the instrumentalities of Congress, including the Congressional Research Service, the Office of Technology Assessment, the General Accounting Office, the Office of the Architect of the Capitol, the Botanic Gardens, the Government Printing Office, the Library of Congress, the Congressional Budget Office, and the Copyright Royalty Tribunal. (f) Employees in the District or State Office of a Member.--For the purposes of determining whether the individuals employed in the district or State office of a Member are subject to the laws set forth in section 2, the district or State office shall be treated as if it were an affiliated branch of a private employer under the laws in section 2. (g) Place of Residence and Political Affiliation.--Notwithstanding the laws set forth in section 2, a Member may consider the political affiliation and place of residence of an individual seeking employment on the personal staff of that Member. (h) Conforming Amendment.--Section 509 of the Americans with Disabilities Act of 1990 (104 Stat. 373) is repealed. (i) Application of Small Business Exemption to Members.--To the extent that a law referred to in section 2 contains an exemption for a small business, such an exemption shall apply to a Member if the aggregate number of employees of the Member and employees attributable to the Member does not exceed the number of employees necessary to qualify as a small business under the exemption. For the purpose of this subsection, the number of employees attributable to a Member equals the result of the sum of the employees specified in subsections (e) (2), (3), (4), (6), and (7) who work in the District of Columbia and are employed by the House in which that Member sits, divided by the number of Members in that House. SEC. 3. PROMULGATION OF IMPLEMENTING REGULATIONS. Not later than the 180-day period beginning on the date of enactment of this Act, the House of Representatives and the Senate shall each promulgate rules and regulations to carry out this Act, including specifically implementing each of the laws set forth in section 2. Such rules and regulations shall be consistent with Federal law. A House of Congress that fails to promulgate such rules and regulations within such time period shall be subject to the regulations of the relevant Executive agency. SEC. 4. RIGHT OF APPEAL. If any individual referred to in section 2(e) is aggrieved by an action taken pursuant to this Act, such individual may seek review of that action in a Federal district court of competent jurisdiction and shall have the same rights and remedies provided to private persons under the laws referred to in section 2.

Congressional Accountability Act of 1993 - Makes applicable to the Congress the following Federal laws, to the extent that they relate to the terms and conditions of employment, the health and safety of employees, and the rights and responsibilities of employers and employees: (1) Social Security Act; (2) National Labor Relations Act; (3) Fair Labor Standards Act of 1938; (4) Civil Rights Act of 1964; (5) Age Discrimination in Employment Act of 1967; (6) Occupational Safety and Health Act of 1970; (7) title IX of the Education Amendments of 1972; (8) Rehabilitation Act of 1973; (9) Privacy Act of 1974; (10) Age Discrimination Act of 1975; (11) Ethics in Government Act of 1978; and (12) Americans with Disabilities Act of 1990. Makes applicable also to the Congress specified provisions of Federal law: (1) commonly referred to as the Freedom of Information Act; and (2) relating to independent counsel.

Congressional Accountability Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Jobs in Your State Act of 2010''. SEC. 2. PROHIBITION ON USE OF CERTAIN STIMULUS AND DISASTER RELIEF FUNDS FOR BUSINESS RELOCATION INCENTIVES. (a) In General.--A State or a political subdivision of a State may not use any funds described in subsection (b) as an incentive for a business-- (1) to relocate a plant, facility, or other operation, in whole or in part, from one State to another; or (2) to expand such an operation in a State in a manner that will result in a reduction in such an operation in another State. (b) Funds Described.--The funds described in this subsection are the following: (1) Funds made available under any of the following: (A) The American Recovery and Reinvestment Act of 2009 (Public Law 111-5) or any amendment made by such Act. (B) The Hiring Incentives to Restore Employment Act (Public Law 111-147) or any amendment made by such Act. (C) Public Law 111-226 (relating to education jobs and Medicaid payments to States) or any amendment made by such Public Law. (D) The Small Business Jobs Act of 2010 (H.R. 5297, as enacted into law) or any amendment made by such Act. (E) The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5211 et seq.). (2) Funds for disaster relief administered by the Secretary of Homeland Security. (c) Enforcement.-- (1) Petition.-- (A) By political subdivision of state to governor.--A political subdivision of a State may submit to the Governor of such State a petition stating that the political subdivision has been adversely affected by a violation of subsection (a) and requesting that the Governor submit to the Secretary of Commerce a petition for an investigation of whether a violation has occurred. (B) By governor to secretary of commerce.--A Governor who receives a petition under subparagraph (A) may submit to the Secretary of Commerce a petition for an investigation of whether a violation of subsection (a) has occurred. (2) Investigation by secretary of commerce.--Upon receiving a petition from a Governor under paragraph (1)(B), the Secretary of Commerce shall conduct an investigation to determine whether a violation of subsection (a) has occurred. (3) Results of investigation; referral to secretary of the treasury.--If the Secretary of Commerce determines under paragraph (2) that a violation of subsection (a) has occurred, the State that committed the violation (or in the case of a violation by a political subdivision of a State, the State of which such political subdivision is a part) shall be liable to the United States for the amount of funds used in violation of such subsection. The Secretary of Commerce shall inform the Secretary of the Treasury that the United States has a claim against such State. (4) Collection by secretary of the treasury.--If the Secretary of the Treasury is informed under paragraph (3) that the United States has a claim against a State, the Secretary shall take such action as is necessary to collect on such claim. (5) Prohibition on receipt of certain funds until repayment made.--A State that is determined to be liable to the United States under paragraph (3) shall not receive any funds described in subsection (b) during the period beginning on the date of the determination of liability and ending on the date on which the State fully repays to the United States the amount of funds used in violation of subsection (a). (6) Rule of construction.--Nothing in this subsection shall be construed to limit the authority or responsibility of any other Federal official to enforce subsection (a) under other Federal law. (d) GAO Report.--Biannually during the 5-year period that ends on the date that is 5 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the impact of the preceding provisions of this section. Such a report shall include, for the period covered by the report-- (1) a statement of the number of petitions received by the Secretary of Commerce under subsection (c)(1)(B) and a summary of the disposition of such petitions, including a list of the instances in which the Secretary found violations of subsection (a); (2) a list of any claims of the United States described in subsection (c)(3) that arose, were outstanding, or were collected in whole or in part; and (3) a list of any funds that were withheld under subsection (c)(5). (e) State Defined.--In this section, the term ``State'' includes 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. (f) Effective Date.--This section shall apply with respect to funds obligated by a State or a political subdivision of a State after the date of the enactment of this Act.

Protecting Jobs in Your State Act of 2010 - Prohibits a state or a political subdivision from using funds made available under the American Recovery and Reinvestment Act of 2009 (ARRA), the Hiring Incentives to Restore Employment Act, Public Law 111-226 (relating to education jobs and Medicaid payments to states), the Small Business Jobs Act of 2010, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or funds for disaster relief administered by the Secretary of Homeland Security (DHS), as an incentive for a business to: (1) relocate a plant, facility, or other operation from one state to another; or (2) expand an operation in a state in a manner that will result in a reduction in such an operation in another state. Authorizes a political subdivision to submit to the state governor a petition stating that it has been adversely affected by a violation of such prohibition and requesting that the governor submit to the Secretary of Commerce a petition for an investigation. Provides that if the Secretary determines that a violation has occurred, the state in which such a violation was committed shall be liable to the United States for the amount of funds involved. Prohibits such a state from receiving any other funds under such Acts until it fully repays such amount to the United States. Directs the Comptroller General, biannually during the period that ends five years after this Act's enactment, to submit to specified committees a report on the impact of such provisions, including: (1) a statement of the number of petitions received by the Secretary of Commerce and a summary of the disposition of such petitions; (2) a list of U.S. claims that arose, were outstanding, or were collected; and (3) a list of any funds withheld.

To prohibit the use of certain stimulus and disaster relief funds for business relocation incentives.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Export Growth Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--IMPROVED COORDINATION OF EXPORT PROMOTION PROGRAMS Sec. 101. Consolidation of duplicative export promotion activities; information about trade missions and trade fairs. Sec. 102. Clarification of roles of members of Trade Promotion Coordinating Committee. Sec. 103. Representative of State agencies on Trade Promotion Coordinating Committee. Sec. 104. Reports to Congress with respect to activities of Trade Promotion Coordinating Committee. Sec. 105. Report on improvements to Export.gov as a single window for export information. Sec. 106. Report on developing a single window for information about export control compliance. TITLE II--FACILITATION OF EXPORT OPPORTUNITIES FOR SMALL BUSINESSES Sec. 201. Definitions. Sec. 202. Promotion of exporting. Sec. 203. Small business export matchmaking pilot program. Sec. 204. Export control education. Sec. 205. Small business inter-agency task force on export financing. Sec. 206. Availability of State resource guides on Export.gov. TITLE I--IMPROVED COORDINATION OF EXPORT PROMOTION PROGRAMS SEC. 101. CONSOLIDATION OF DUPLICATIVE EXPORT PROMOTION ACTIVITIES; INFORMATION ABOUT TRADE MISSIONS AND TRADE FAIRS. (a) In General.--Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(b)) is amended-- (1) in paragraph (4), by inserting ``, including by identifying opportunities to consolidate or co-locate offices of agencies involved in such activities'' after ``export financing activities''; (2) in paragraph (5)-- (A) by inserting ``, including the use and coordination of electronic databases,'' after ``the appropriate levels and allocation of resources''; and (B) by striking ``; and'' and inserting a semicolon; (3) by redesignating paragraph (6) as paragraph (7); and (4) by inserting after paragraph (5) the following: ``(6) to the maximum extent practicable, provide a detailed listing of current and future Federal and State-led trade missions, trade fairs, and related activities to ensure better delivery of services to United States businesses; and''. (b) Availability of Information.--The Secretary of Commerce shall make available the information on Federal and State-led trade missions, trade fairs, and related activities described in paragraph (6) of section 2312(b) of the Export Enhancement Act of 1988, as added by subsection (a)(4) of this section, on the website Export.gov or a successor website. SEC. 102. CLARIFICATION OF ROLES OF MEMBERS OF TRADE PROMOTION COORDINATING COMMITTEE. Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(c)) is amended-- (1) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (8), respectively; (2) by inserting after paragraph (2) the following: ``(3) with respect to export promotion and export financing activities of each department or agency that is a member of the TPCC-- ``(A) clearly identify and explain the role of the department or agency; and ``(B) describe the goals and objectives of the department or agency and explain the rationale for measuring and reporting on those goals and objectives;''; (3) in paragraph (5) (as redesignated)-- (A) by inserting ``and Congress'' after ``the President''; and (B) by striking ``paragraph (3)'' and inserting ``paragraph (4)''; (4) in paragraph (6) (as redesignated), by striking ``; and'' and inserting a semicolon; (5) by inserting after paragraph (6) (as redesignated) the following: ``(7) include any recommendations of the Comptroller General of the United States that relate to coordination of the TPCC and departments and agencies that are members of the TPCC; and''; and (6) in paragraph (8) (as redesignated), by striking ``United States National Tourism Organization'' and inserting ``United States Travel Association''. SEC. 103. REPRESENTATIVE OF STATE AGENCIES ON TRADE PROMOTION COORDINATING COMMITTEE. Section 2312(d) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Representative of state agencies.--In addition to the members specified in paragraph (1), there shall be one member of the TPCC that represents State agencies with responsibility for export promotion and export financing.''. SEC. 104. REPORTS TO CONGRESS WITH RESPECT TO ACTIVITIES OF TRADE PROMOTION COORDINATING COMMITTEE. Section 2312(f) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)) is amended to read as follows: ``(f) Reports to Congress.-- ``(1) Reports by tpcc.--The chairperson of the TPCC shall prepare and submit to the appropriate congressional committees, not later than March 30 of each year, a report that-- ``(A) describes the strategic plan developed by the TPCC pursuant to subsection (c), the implementation of such plan, and any revisions thereto; and ``(B) describes the implementation of sections 303 and 304 of the FREEDOM Support Act (22 U.S.C. 5823 and 5824) concerning funding for export promotion activities and the interagency working groups on energy of the TPCC. ``(2) Reports by inspector general of department of commerce.-- ``(A) In general.--The Inspector General of the Department of Commerce shall prepare and submit to the appropriate congressional committees, not later than March 30 of each year, a report on the extent to which-- ``(i) the TPCC is successfully carrying out the duties described in subsection (b); and ``(ii) the strategic plan described in subsection (c) is being implemented successfully. ``(B) Consultation.--In preparing the report required under subparagraph (A), the Inspector General of the Department of Commerce shall, to the maximum extent practicable, consult with the inspector general of each other Federal department or agency that is a member of the TPCC. ``(3) Appropriate congressional committees defined.--In this subsection, the term `appropriate congressional committees' means-- ``(A) the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, the Committee on Finance, the Committee on Foreign Relations, and the Committee on Small Business and Entrepreneurship of the Senate; and ``(B) the Committee on Appropriations, the Committee on Energy and Commerce, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Small Business, and the Committee on Ways and Means of the House of Representatives.''. SEC. 105. REPORT ON IMPROVEMENTS TO EXPORT.GOV AS A SINGLE WINDOW FOR EXPORT INFORMATION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of International Trade of the Small Business Administration shall, after consultation with the entities specified in subsection (b), submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes the recommendations of the Director for improving the experience provided by the website Export.gov (or a successor website) as-- (1) a comprehensive resource for information about exporting articles from the United States; and (2) a single website for exporters to submit all information required by the Federal Government with respect to the exportation of articles from the United States. (b) Entities Specified.--The entities specified in this subsection are-- (1) small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) that are exporters; and (2) the President's Export Council, State agencies with responsibility for export promotion or export financing, district export councils, and trade associations. SEC. 106. REPORT ON DEVELOPING A SINGLE WINDOW FOR INFORMATION ABOUT EXPORT CONTROL COMPLIANCE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Chief Counsel for Advocacy of the Small Business Administration shall submit to the appropriate congressional committees a report assessing the benefits of developing a website to serve as-- (1) a comprehensive resource for complying with and information about the export control laws and regulations of the United States; and (2) a single website for exporters to submit all information required by the Federal Government with respect to export controls. (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation and the Committee on Small Business and Entrepreneurship of the Senate; and (2) the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives. TITLE II--FACILITATION OF EXPORT OPPORTUNITIES FOR SMALL BUSINESSES SEC. 201. DEFINITIONS. In this title-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``region of the Administration'' has the meaning given that term in section 3(u) of the Small Business Act (15 U.S.C. 632(u)); and (3) the term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). SEC. 202. PROMOTION OF EXPORTING. Section 22(c)(11) of the Small Business Act (15 U.S.C. 649(c)(11)) is amended by inserting ``, which shall include conducting not fewer that 1 outreach event each fiscal year in each State that promotes exporting as a business development opportunity for small business concerns'' before the semicolon. SEC. 203. SMALL BUSINESS EXPORT MATCHMAKING PILOT PROGRAM. (a) Pilot Program Established.--The Administrator shall establish a pilot program to conduct, in each region of the Administration, matchmaking events that are designed to facilitate contact between small business concerns and potential foreign buyers or international clients. (b) Program.--The Administrator-- (1) shall conduct at least 1 matchmaking event in each region of the Administration each year; and (2) may hold a matchmaking event in coordination with an outreach event required under section 22(c)(11) of the Small Business Act (15 U.S.C. 649(c)(11)), as amended by section 202 of this Act. (c) Sunset.--The authority of the Administrator under this section shall terminate on September 30, 2015. SEC. 204. EXPORT CONTROL EDUCATION. Section 22 of the Small Business Act (15 U.S.C. 649) is amended-- (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: ``(l) Export Control Education.--The Associate Administrator shall ensure that all programs of the Administration to support exporting by small business concerns place a priority on educating small business concerns about Federal export control regulations.''. SEC. 205. SMALL BUSINESS INTER-AGENCY TASK FORCE ON EXPORT FINANCING. The Administrator, the Secretary of Agriculture, the Export-Import Bank of the United States, and the Overseas Private Investment Corporation shall jointly establish a Small Business Inter-Agency Task Force on Export Financing to-- (1) review and improve Federal export finance programs for small business concerns; and (2) coordinate the activities of the Federal Government to assist small business concerns seeking to export. SEC. 206. AVAILABILITY OF STATE RESOURCE GUIDES ON EXPORT.GOV. The Secretary of Commerce shall make available on the website Export.gov (or a successor website) information on the resources relating to export promotion and export financing available in each State-- (1) organized by State; and (2) including information on State agencies with responsibility for export promotion or export financing and district export councils and trade associations located in the State.

Small Business Export Growth Act of 2012 - Amends the Export Enhancement Act of 1988 to revise the duties of the Trade Promotion Coordinating Committee (TPCC). Requires the TPCC to: (1) identify opportunities to consolidate or co-locate offices of federal agencies involved in export promotion and export financing activities; (2) assess the use and coordination of electronic databases among federal agencies in support of such activities; and (3) provide a detailed listing of current and future federal and state-led trade missions, trade fairs, and related activities to ensure better delivery of services to U.S. businesses. Requires the Secretary of Commerce to make available information on federal and state-led trade missions, trade fairs, and related activities on the Export.gov website. Requires the governmentwide strategic plan for federal trade promotion efforts to: (1) clearly identify and explain the role, goals, and objectives of each TPCC member agency with respect its export promotion and export financing activities; (2) include any recommendations of the Comptroller General relating to coordination of the TPCC and member agencies; and (3) reflect the recommendations of the U.S. Travel Association (currently, U.S. National Tourism Organization) to the degree considered appropriate by the TPCC. Revises membership of the TPCC to include one member that represents state agencies with responsibility for export promotion and export financing. Requires the Inspector General of the Department of Commerce to report annually to Congress on the extent to which the TPCC is successfully carrying out its duties. Requires certain reports to Congress: (1) on recommendations for improving access about export information (including state resources) on the Export.gov website, and (2) for developing a single website for complying with and disseminating information about U.S. export control laws and regulations. Amends the Small Business Act to require that the nationwide marketing effort of the Associate Administrator of the Office of International Trade of the Small Business Administration (SBA), in promoting sales opportunities for the export of small business goods and services, to conduct at least one outreach event each fiscal year in each state. Directs the SBA Administrator to establish a small business export matchmaking pilot program designed to facilitate contact between U.S. small businesses and potential foreign buyers or international clients. Directs the SBA Administrator, the Secretary of Agriculture, the U.S. Export-Import Bank, and the Overseas Private Investment Corporation (OPIC) to jointly establish a Small Business Inter-Agency Task Force on Export Financing.

A bill to improve the coordination of export promotion programs and to facilitate export opportunities for small businesses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Fund Transparency Act of 2009''. SEC. 2. DEFINITION OF FOREIGN PRIVATE ADVISERS. Section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is amended by adding at the end the following: ``(29) The term `foreign private adviser' means any investment adviser who-- ``(A) has no place of business in the United States; ``(B) during the preceding 12 months has had-- ``(i) fewer than 15 clients in the United States; and ``(ii) assets under management attributable to clients in the United States of less than $25,000,000, or such higher amount as the Commission may, by rule, deem appropriate in accordance with the purposes of this title; and ``(C) neither holds itself out generally to the public in the United States as an investment adviser, nor acts as an investment adviser to any investment company registered under the Investment Company Act of 1940, or a company which has elected to be a business development company pursuant to section 54 of the Investment Company Act of 1940, and has not withdrawn its election.''. SEC. 3. ELIMINATION OF PRIVATE ADVISER EXEMPTION; LIMITED EXEMPTION FOR FOREIGN PRIVATE ADVISERS. Section 203(b)(3) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3(b)(3)) is amended to read as follows: ``(3) any investment adviser that is a foreign private adviser;''. SEC. 4. COLLECTION OF SYSTEMIC RISK DATA; ANNUAL AND OTHER REPORTS. Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 4) is amended-- (1) in subsection (a), by adding at the end the following: ``The Commission is authorized to require any investment adviser registered under this title to maintain such records and submit such reports as are necessary or appropriate in the public interest for the supervision of systemic risk by any Federal department or agency, and to provide or make available to such department or agency those reports or records or the information contained therein. The records of any company that, but for section 3(c)(1) or 3(c)(7) of the Investment Company Act of 1940, would be an investment company, to which any such investment adviser provides investment advice, shall be deemed to be the records of the investment adviser if such company is sponsored by the investment adviser or any affiliated person of the investment adviser or the investment adviser or any affiliated person of the investment adviser acts as underwriter, distributor, placement agent, finder, or in a similar capacity for such company.''; and (2) adding at the end the following: ``(d) Confidentiality of Reports.--Notwithstanding any other provision of law, the Commission shall not be compelled to disclose any supervisory report or information contained therein required to be filed with the Commission under subsection (a). Nothing in this subsection shall authorize the Commission to withhold information from Congress or prevent the Commission from complying with a request for information from any other Federal department or agency or any self- regulatory organization requesting the report or information for purposes within the scope of its jurisdiction, or complying with an order of a court of the United States in an action brought by the United States or the Commission. For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of such section 552.''. SEC. 5. ELIMINATION OF PROVISION. Section 210 of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 10) is amended by striking subsection (c). SEC. 6. CLARIFICATION OF RULEMAKING AUTHORITY. Section 211(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-11) is amended-- (1) by striking the second sentence; and (2) by striking the period at the end of the first sentence and inserting the following: ``, including rules and regulations defining technical, trade, and other terms used in this title. For the purposes of its rules and regulations, the Commission may-- ``(1) classify persons and matters within its jurisdiction and prescribe different requirements for different classes of persons or matters; and ``(2) ascribe different meanings to terms (including the term `client') used in different sections of this title as the Commission determines necessary to effect the purposes of this title.''.

Private Fund Transparency Act of 2009 - Amends the Investment Advisers Act of 1940 to: (1) repeal the exemption from its registration requirements for private investment advisers; and (2) continue to exempt from such requirements only foreign private advisers. Authorizes the Securities and Exchange Commission (SEC) to require any registered investment adviser to maintain and submit records for federal supervision of systemic risk. Shields the SEC from any compulsion to disclose any supervisory report or information that is required to be filed with the SEC. Repeals the general disclaimer that no provision of the Act shall be construed to require, or to authorize the SEC to require any investment adviser engaged in rendering investment supervisory services to disclose the identity, investments, or affairs of any of its clients. Empowers the SEC to ascribe different meanings to terms (including the term "client") used in different sections of the Act.

A bill to require investment advisers to private funds, including hedge funds, private equity funds, venture capital funds, and others to register with the Securities and Exchange Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colonias Gateway Initiative Act''. SEC. 2. COLONIAS GATEWAY INITIATIVE. (a) Definitions.--In this section: (1) Colonia.--The term ``colonia'' means any identifiable community that-- (A) is located in the State of Arizona, California, New Mexico, or Texas; (B) is located in the United States-Mexico border region; (C) is determined to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing; and (D) was in existence and generally recognized as a colonia before the date of enactment of this Act. (2) Regional organization.--The term ``regional organization'' means a nonprofit organization or a consortium of nonprofit organizations with the capacity to serve colonias. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (4) United states-mexico border region.--The term ``United States-Mexico border region'' means the area of the United States within 150 miles of the border between the United States and Mexico, except that such term does not include any standard metropolitan statistical area that has a population exceeding 1,000,000. (b) Grant Program.--To the extent amounts are made available to carry out this section, the Secretary may make grants under this section to 1 or more regional organizations to enhance the availability of affordable housing, economic opportunity, and infrastructure in the colonias. (c) Grants.-- (1) In general.--Grants under this section may be made only to regional organizations selected pursuant to subsection (d). (2) Selection.--After a regional organization has been selected pursuant to subsection (d) to receive a grant under this section, the Secretary may provide a grant to such organization in subsequent fiscal years, subject to subsection (f)(2). (d) Selection of Regional Organizations.-- (1) In general.--The Secretary shall select 1 or more regional organizations that submit applications for grants under this section to receive such grants. (2) Competition.--The selection under paragraph (1) shall be made pursuant to a competition, which shall-- (A) consider the proposed work plan of the applicant under subsection (f); and (B) be based upon the criteria described in paragraph (3). (3) Criteria.--Criteria for the selection of a grant recipient shall include a demonstration of the extent to which the applicant organization has the capacity to-- (A) enhance the availability of affordable housing, economic opportunity, and infrastructure in the colonias by carrying out the eligible activities set forth in subsection (g); (B) provide assistance in each State in which colonias are located; (C) form partnerships with the public and private sectors and local and regional housing and economic development intermediaries to leverage and coordinate additional resources to achieve the purposes of this section; (D) ensure accountability to the residents of the colonias through active and ongoing outreach to, and consultation with, residents and local governments; and (E) meet such other criteria as the Secretary may specify. (4) Distribution of funding.--In making the selection under paragraph (1), the Secretary shall ensure that-- (A) each State in the United States-Mexico border region receives a grant under this Act; and (B) each State receives not less than 15 percent of the amounts appropriated to carry out this Act. (e) Advisory Board.-- (1) Membership.--The Secretary shall appoint an Advisory Board that shall consist of 9 members, who shall include-- (A) 1 individual from each State in which colonias are located; (B) 3 individuals who are members of non-profit or private sector organizations having substantial investments in the colonias, at least 1 of whom is a member of such a private sector organization; and (C) 2 individuals who are residents of a colonia. (2) Chairperson.-- (A) In general.--The Secretary shall designate a member of the Advisory Board to serve as Chairperson for a 1-year term. (B) Alternating chairperson.--At the end of the 1- year term referred to in subparagraph (A), the Secretary shall designate a different member to serve as Chairperson, ensuring that the Chairperson position rotates to a member from every State in which colonias are located. (3) Term.--Advisory Board members shall be appointed for 2- year terms that shall be renewable at the discretion of the Secretary. (4) Compensation.--Advisory Board members shall serve without compensation, but the Secretary may provide members with travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (5) Functions.--The Advisory Board shall-- (A) assist any regional organization that receives a grant under this section in the development and implementation of its final work plan under subsection (f); (B) review and approve all final work plans; (C) assist the Secretary in monitoring and evaluating the performance of any regional organization in implementing its final work plan; and (D) provide such other assistance as the Secretary may request. (f) Work Plans.-- (1) Application.--Each regional organization applying for a grant under this section shall include in its application a proposed work plan. (2) Annual submission.--To be eligible to continue receiving annual grants under this section after selection pursuant to subsection (d), a regional organization shall, on an annual basis after such selection and subject to the determination of the Secretary to continue to provide grant amounts to such regional organization, submit a proposed work plan to the Advisory Board and the Secretary for review and approval. (3) Final work plan.--In any fiscal year, including the fiscal year in which any regional organization is selected pursuant to subsection (d), prior to final determination and allocation of specific grant amounts, each selected regional organization shall, with the assistance of the Advisory Board, develop a final work plan that thoroughly describes how the regional organization will use specific grant amounts to carry out its functions under this section, which shall include-- (A) a description of outcome measures and other baseline information to be used to monitor success in promoting affordable housing, economic opportunity, and infrastructure in the colonias; (B) an account of how the regional organization will strengthen the coordination of existing resources used to assist residents of the colonias, and how the regional organization will leverage additional public and private resources to complement such existing resources; (C) an explanation, in part, of the effects that implementation of the work plan will have on areas in and around colonias; and (D) such assurances as the Secretary may require that grant amounts will be used in a manner that results in assistance and investments for colonias in each State containing colonias, in accordance with requirements that the Advisory Board and the Secretary may establish that provide for a minimum level of such investment and assistance as a condition of the approval of the work plans. (4) Approval.-- (A) In general.--No grant amounts under this section for a fiscal year may be provided to a regional organization until the Secretary approves the final work plan of the organization, including a specific grant amount for the organization. (B) Considerations.--In determining whether to approve a final work plan, the Secretary shall consider whether the Advisory Board approved the plan. (C) Nonapproval of plan.--To the extent that the Advisory Board or the Secretary does not approve a work plan, the Advisory Board or the Secretary shall, to the maximum extent practicable, assist the selected regional organization that submitted the plan to develop an approvable plan. (g) Eligible Activities.--Grant amounts under this section may be used only to carry out eligible activities to benefit the colonias, including-- (1) coordination of public, private, and community-based resources and the use of grant amounts to leverage such resources; (2) technical assistance and capacity building, including training, business planning and investment advice, and the development of marketing and strategic investment plans; (3) initial and early-stage investments in activities to provide-- (A) housing, infrastructure, and economic development; (B) housing counseling and financial education, including counseling and education about avoiding predatory lending; and (C) access to financial services for residents of colonias; (4) development of comprehensive, regional, socioeconomic, and other data, and the establishment of a centralized information resource, to facilitate strategic planning and investments; (5) administrative and planning costs of any regional organization in carrying out this section, except that the Secretary may limit the amount of grant funds used for such costs; and (6) such other activities as the Secretary considers appropriate to carry out this section. (h) Grant Agreements.--A grant under this section shall be made only pursuant to a grant agreement between the Secretary and a regional organization selected under this section. (i) Termination and Recapture.--If the Secretary determines that a regional organization that was awarded a grant under this section has not substantially fulfilled its obligations under its final work plan or grant agreement, the Secretary shall terminate the participation of that regional organization under this section, and shall recapture any unexpended grant amounts. (j) Details From Other Agencies.--Upon request of any selected regional organization that has an approved work plan, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to that regional organization to assist it in carrying out its duties under this section. (k) Environmental Review.--For purposes of environmental review, projects assisted by grant amounts under this section shall-- (1) be treated as special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547); and (2) be subject to regulations issued by the Secretary to implement such section 305(c). (l) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $16,000,000 for fiscal year 2004; and (2) such sums as may be necessary for each of fiscal years 2005 through 2009. (m) Sunset.--No new grants may be provided under this section after September 30, 2009.

Colonias Gateway Initiative Act - Authorizes the Secretary of Housing and Urban Development to make grants through September 30, 2009, to regional organizations to enhance the availability of affordable housing, economic opportunity, and infrastructure in the colonias.Defines colonia as a recognized community: (1) along the United States-Mexico border region in Arizona, California, New Mexico, or Texas; and (2) lacking such services as potable water, adequate sewage systems, and safe and sanitary housing.

A bill to enhance the capacity of organizations working in the United States-Mexico border region to develop affordable housing and infrastructure and to foster economic opportunity in the colonias.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Repayment Assistance Act of 2015''. SEC. 2. EXCLUSION FROM GROSS INCOME OF BENEFITS UNDER CERTAIN STUDENT LOAN PAYMENT ASSISTANCE PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 127 the following new section: ``SEC. 127A. STUDENT LOAN PAYMENT ASSISTANCE PROGRAMS. ``(a) In General.--Gross income of a qualified employee does not include amounts paid or incurred by the employer for student loan payment assistance provided to such employee if the assistance is furnished pursuant to a program which is described in subsection (c). ``(b) Qualified Employee.--For purposes of this subsection, the term `qualified employee' means any employee who contributes (in addition to any amount excluded from gross income under this section) not less than $50 per month for payment of principal and interest on the loans subject to the student loan payment assistance program. ``(c) Limitations.-- ``(1) Assistance limitation.--The amount taken into account under subsection (a) with respect to an individual for student loan assistance with respect to student loan payments during a taxable year shall not exceed $6,000. ``(2) Earned income limitation.--The amount excluded from the income of an employee under subsection (a) for any taxable year shall not exceed the earned income of such employee for such taxable year. ``(d) Student Loan Payment Assistance Program.-- ``(1) In general.--For purposes of this section a student loan payment assistance program is a separate written plan of an employer for the exclusive benefit of his employees to provide such employees with student loan payment assistance which meets the requirements of paragraphs (2) through (10) of this subsection. If any plan would qualify as a student loan payment assistance program but for a failure to meet the requirements of this subsection, then, notwithstanding such failure, such plan shall be treated as a student loan payment assistance program in the case of employees who are not highly compensated employees. ``(2) Discrimination.--The contributions or benefits provided under the plan shall not discriminate in favor of employees who are highly compensated employees (within the meaning of section 414(q)). ``(3) Eligibility.--The program shall benefit employees who qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees described in paragraph (2). ``(4) Principal shareholders or owners.--Not more than 25 percent of the amounts paid or incurred by the employer for student loan payment assistance during the year may be provided for the class of individuals who are shareholders or owners (or their spouses or dependents), each of whom (on any day of the year) owns more than 5 percent of the stock or of the capital or profits interest in the employer. ``(5) No funding required.--A program referred to in paragraph (1) is not required to be funded. ``(6) Notification of eligible employees.--Reasonable notification of the availability and terms of the program shall be provided to eligible employees. ``(7) Statement of expenses.--The plan shall furnish to an employee, on or before January 31, a written statement showing the amounts paid or expenses incurred by the employer in providing student loan payment assistance to such employee during the previous calendar year. ``(8) Benefits.-- ``(A) In general.--A plan meets the requirements of this paragraph if the average benefits provided to employees who are not highly compensated employees under all plans of the employer is at least 55 percent of the average benefits provided to highly compensated employees under all plans of the employer. ``(B) Salary reduction agreements.--For purposes of subparagraph (A), in the case of any benefits provided through a salary reduction agreement, a plan may disregard any employees whose compensation is less than $25,000. For purposes of this subparagraph, the term `compensation' has the meaning given such term by section 414(q)(4), except that, under rules prescribed by the Secretary, an employer may elect to determine compensation on any other basis which does not discriminate in favor of highly compensated employees. ``(9) Contributions made directly to lender.--A plan meets the requirements of this paragraph if all benefits provided under the plan are paid directly to the holder of the indebtedness referred to in subsection (d)(1)(A)(i). ``(10) Matching contributions.--A plan which meets the requirements of paragraphs (2) through (9) shall not fail to be treated as a program described in this subsection merely because such plan provides for the employer to make matching contributions with respect to employee contributions. ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Student loan payment assistance.-- ``(A) In general.--The term `student loan payment assistance' means the payment of principal or interest on-- ``(i) any indebtedness incurred by the employee solely to pay qualified higher education expenses (as defined in section 221) which-- ``(I) are paid or incurred within a reasonable period of time before or after the indebtedness was incurred, and ``(II) are attributable to education furnished during a period during which the employee was an eligible student, or ``(ii) any indebtedness used to refinance indebtedness described in clause (i). Such term shall not include any payment of principal or interest on indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer or to any person by reason of a loan under any qualified employer plan (as defined in section 72(p)(4)) or under any contract referred to in section 72(p)(5). ``(B) Eligible student.--For purposes of this subsection, the term `eligible student' means, with respect to any academic period, a student who meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section. ``(C) Dependent.--The term `dependent' has the meaning given such term by section 152 (determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof). ``(2) Earned income.--The term `earned income' shall have the meaning given such term in section 32(c)(2), but such term shall not include any amounts paid or incurred by an employer for student loan payment assistance to an employee. ``(3) Employee.--The term `employee' includes, for any year, an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(4) Employer.--An individual who owns the entire interest in an unincorporated trade or business shall be treated as his own employer. A partnership shall be treated as the employer of each partner who is an employee within the meaning of paragraph (3). ``(5) Attribution rules.-- ``(A) Ownership of stock.--Ownership of stock in a corporation shall be determined in accordance with the rules provided under subsections (d) and (e) of section 1563 (without regard to section 1563(e)(3)(C)). ``(B) Interest in unincorporated trade or business.--The interest of an employee in a trade or business which is not incorporated shall be determined in accordance with regulations prescribed by the Secretary, which shall be based on principles similar to the principles which apply in the case of subparagraph (A). ``(6) Utilization test not applicable.--A student loan payment assistance program shall not be held or considered to fail to meet any requirements of subsection (c) (other than paragraphs (4) and (8) thereof) merely because of utilization rates for the different types of assistance made available under the program. ``(7) Disallowance of excluded amounts as credit or deduction.--No deduction or credit shall be allowed to the employee under any other section of this chapter for any amount excluded from the gross income of the employee by reason of this section. ``(8) Treatment of salary reduction amounts.--Any matching contribution withheld from an employee under a student loan payment assistance program pursuant to a salary reduction agreement shall be treated for purposes of this title as an amount paid by the employee and not as an amount paid by the employer.''. (b) Conforming Amendments.--Sections 221(d)(2)(A), 414(n)(3)(C) and (t)(2), 3121(a)(18), 3306(b)(13), 3401(a)(18), and 6039D(d)(1) of such Code are each amended by inserting ``127A,'' after ``127,''. (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 127 the following new item: ``Sec. 127A. Student loan payment assistance programs.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. DEDUCTION FOR STUDENT LOAN PAYMENTS WHICH ARE MATCHED BY AN EMPLOYER. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. DEDUCTION FOR STUDENT LOAN PAYMENTS WHICH ARE MATCHED BY AN EMPLOYER. ``(a) In General.--In the case of an individual who is a qualified employee (as defined in section 127A), there shall be allowed as a deduction an amount equal to the student loan payments made by such individual with respect to which an employer of such individual makes matching contributions under a student loan payment assistance program which are excludible from the gross income of such employee under section 127A. ``(b) Annual Limitation.--The amount allowable as a deduction under subsection (a) with respect to any individual for any taxable year shall not exceed $6,000. ``(c) Lifetime Limitation.--The amount allowable as a deduction under subsection (a) with respect to any individual for any taxable year shall not exceed the excess of-- ``(1) $50,000, over ``(2) the aggregate amount allowable as a deduction under subsection (a) with respect to such individual for all prior taxable years. ``(d) Denial of Double Benefit.--Any amount excluded from the gross income of an individual under section 127A shall not be treated as an amount paid by such individual for purposes of this section. The amount of principal and interest with respect to which a deduction is allowed under this section shall not be taken into account in determining the amount of any other deduction or credit allowed under this chapter.''. (b) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting after the item relating to section 223 the following new item: ``Sec. 224. Deduction for student loan payments which are matched by an employer.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Student Loan Repayment Assistance Act of 2015 Amends the Internal Revenue Code to exclude from the gross income of an employee amounts paid by an employer under a student loan payment assistance program. Requires participating employees to pay at least $50 per month on their student loans (in addition to the amount excluded from their gross income under such program). Limits the amount of such exclusion to $6,000 in a taxable year. Requires an employer student loan payment assistance program to be a separate written plan of an employer to provide employees with student loan payment assistance. Defines "student loan payment assistance" as the payment of principal or interest on any indebtedness incurred by an employee solely to pay qualified higher education expenses that are paid or incurred within a reasonable time before or after such indebtedness was incurred and that are attributable to education furnished during a period in which such employee was a student eligible for federal financial assistance. Allows an employee to take an income tax deduction in an amount equal to the employee's student loan payments that are matched by excludible employer contributions under a student loan payment assistance program. Limits the amount of such deduction to $6,000 in a taxable year and $50,000 over a lifetime.

Student Loan Repayment Assistance Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greenhouse Gas Emission Atmospheric Removal Act'' or the ``GEAR Act''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States to provide incentives to encourage the development and implementation of technology to permanently remove greenhouse gases from the atmosphere on a significant scale. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Greenhouse Gas Emission Atmospheric Removal Commission established by section 5(a). (2) Greenhouse gas.--The term ``greenhouse gas'' means-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) sulfur hexafluoride; (E) a hydrofluorocarbon; (F) a perfluorocarbon; and (G) any other gas that the Commission determines is necessary to achieve the purposes of this Act. (3) Intellectual property.--The term ``intellectual property'' means-- (A) an invention that is patentable under title 35, United States Code; and (B) any patent on an invention described in subparagraph (A). (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. GREENHOUSE GAS EMISSION ATMOSPHERIC REMOVAL PROGRAM. The Secretary, acting through the Commission, shall provide to public and private entities, on a competitive basis, financial awards for the achievement of milestones in developing and applying technology that could significantly slow or reverse the accumulation of greenhouse gases in the atmosphere by permanently capturing or sequestrating those gases without significant countervailing harmful effects. SEC. 5. GREENHOUSE GAS EMISSION ATMOSPHERIC REMOVAL COMMISSION. (a) Establishment.--There is established within the Department of Energy a commission to be known as the ``Greenhouse Gas Emission Atmospheric Removal Commission''. (b) Membership.-- (1) Composition.--The Commission shall be composed of 11 members appointed by the President, by and with the advice and consent of the Senate, who shall provide expertise in-- (A) climate science; (B) physics; (C) chemistry; (D) biology; (E) engineering; (F) economics; (G) business management; and (H) such other disciplines as the Commission determines to be necessary to achieve the purposes of this Act. (2) Term; vacancies.-- (A) Term.--A member of the Commission shall serve for a term of 6 years. (B) Vacancies.--A vacancy on the Commission-- (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment was made. (3) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (4) Meetings.--The Commission shall meet at the call of the Chairperson. (5) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (6) Chairperson and vice chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. (7) Compensation.--A member of the Commission shall be compensated at level III of the Executive Schedule. (c) Duties.--The Commission shall-- (1) subject to subsection (d), develop specific requirements for-- (A) the competition process; (B) minimum performance standards; (C) monitoring and verification procedures; and (D) the scale of awards for each milestone identified under paragraph (3); (2) establish minimum levels for the capture or net sequestration of greenhouse gases that are required to be achieved by a public or private entity to qualify for a financial award described in paragraph (3); (3) in coordination with the Secretary, offer those financial awards to public and private entities that demonstrate-- (A) a design document for a successful technology; (B) a bench scale demonstration of a technology; (C) technology described in subparagraph (A) that-- (i) is operational at demonstration scale; and (ii) achieves significant greenhouse gas reductions; and (D) operation of technology on a commercially viable scale that meets the minimum levels described in paragraph (2); and (4) submit to Congress-- (A) an annual report that describes the progress made by the Commission and recipients of financial awards under this section in achieving the demonstration goals established under paragraph (3); and (B) not later than 1 year after the date of enactment of this Act, a report that describes the levels of funding that are necessary to achieve the purposes of this Act. (d) Public Participation.--In carrying out subsection (c)(1), the Commission shall-- (1) provide notice of and, for a period of at least 60 days, an opportunity for public comment on, any draft or proposed version of the requirements described in subsection (c)(1); and (2) take into account public comments received in developing the final version of those requirements. (e) Peer Review.--No financial award may be provided under this Act until such time as the proposal for which the award is sought has been peer reviewed in accordance with such standards for peer review as the Commission shall establish. SEC. 6. INTELLECTUAL PROPERTY CONSIDERATIONS. (a) In General.--Title to any intellectual property arising from a financial award provided under this Act shall vest in 1 or more entities that are incorporated in the United States. (b) Reservation of License.--The United States-- (1) may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to have practiced for or on behalf of the United States, in connection with any intellectual property described in subsection (a); but (2) shall not, in the exercise of a license reserved under paragraph (1), publicly disclose proprietary information relating to the license. (c) Transfer of Title.--Title to any intellectual property described in subsection (a) shall not be transferred or passed, except to an entity that is incorporated in the United States, until the expiration of the first patent obtained in connection with the intellectual property. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. SEC. 8. TERMINATION OF AUTHORITY. The Commission and all authority of the Commission provided under this Act terminate on December 31, 2020.

Greenhouse Gas Emission Atmospheric Removal Act or the GEAR Act - Declares that it is the policy of the United States to provide incentives to encourage the development and implementation of technology to permanently remove greenhouse gases (GHGs) from the atmosphere on a significant scale. Establishes within the Department of Energy (DOE) the Greenhouse Gas Emission Atmospheric Removal Commission. Requires the Secretary of Energy, acting through the Commission, to provide financial awards on a competitive basis to entities for the achievement of milestones in developing and applying technology that could significantly slow or reverse the accumulation of GHGs in the atmosphere by permanently capturing or sequestrating those gases without significant countervailing harmful effects. Requires the Commission to: (1) develop specific requirements for the competition, performance, monitoring and verification, and the scale of awards; (2) establish minimum levels for the capture or net sequestration of GHGs required to qualify for a financial award; (3) offer awards to entities that demonstrate achievement of specified technological goals; and (4) establish standards for required peer review of proposals seeking such awards. Vests title to intellectual property arising from such awards in U.S. entities. Bars title transfer to an entity not incorporated in the United States until the first obtained patent expires. Authorizes the United States to reserve a license to have such property practiced on its behalf.

A bill to facilitate the development, demonstration, and implementation of technology for the use in removing carbon dioxide and other greenhouse gases from the atmosphere.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Counterfeiting and Money Laundering Deterrence Act of 1994''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) advances in technology have made United States currency particularly susceptible to counterfeiting; (2) international organizations hostile to the United States have produced counterfeits of the United States $100 bill that are extremely difficult to detect; (3) the ability to counterfeit currency allows terrorist organizations or other organizations hostile to the United States to undermine the stability of the United States currency; (4) the ability to counterfeit currency provides terrorist organizations or other organizations hostile to the United States a ready source of negotiable foreign currency with which such organizations can fund activities opposed to the interests of the United States; (5) as shown by counterfeit-resistant currencies of other countries, current technologies exist to make a $100 denomination currency that is substantially more difficult to counterfeit, without being unduly expensive to produce; (6) implementing a new, counterfeit-resistant currency would substantially impair terrorist organizations or other organizations hostile to the United States in efforts to undermine the stability of the United States currency and would eliminate a source of negotiable foreign currency with which such organizations could fund activities opposed to the interests of the United States; (7) an essential aspect of the business of international drug trafficking is the ability to launder large sums of hard currency quickly and inexpensively; (8) without the ability to convert large sums of hard currency with near impunity into readily transferable accounts in financial institutions, international drug traffickers would be severely impeded in their operations; and (9) forcing international narcotics traffickers to exchange all of their hard currency held in United States $100 bills within a specified period of time for a new, counterfeit- resistant currency would significantly increase the cost of money laundering to drug cartels, thereby reducing their profits. (b) Purposes.--The purposes of this Act are-- (1) to provide for new, counterfeit-resistant $100 currencies for use in the United States and abroad to prevent counterfeiting by terrorist and other hostile organizations; and (2) to issue the new currency in a manner that deters money laundering efforts of narcotics traffickers. SEC. 3. COUNTERFEIT-RESISTANT $100 DENOMINATION CURRENCY. (a) In General.--Subchapter II of chapter 51 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 5123. Counterfeit-resistant $100 currency ``(a) In General.--Not later than 6 months after the date of enactment of this section, the Secretary of the Treasury (hereafter in this section referred to as the `Secretary'), in consultation with the Attorney General and the Administrator of the Drug Enforcement Administration, shall design and designate a domestic use $100 denomination bill and a nondomestic use $100 denomination bill in accordance with the requirements of this section. ``(b) Design Specifications.-- ``(1) In general.--The designs for the domestic use and nondomestic use $100 currency shall incorporate-- ``(A) watermarks, holograms, multicolored patterns, multicolored dyes, or other features to make the currency substantially more difficult to counterfeit than $100 denomination United States currency in circulation on the date of enactment of this section; ``(B) substantially different coloration or markings to make the new currency clearly and readily distinguishable on casual observance from previously issued $100 denomination United States currency; and ``(C) distinctive coloration such that the domestic use $100 currency is clearly and readily distinguishable on casual observance from the nondomestic use $100 currency. ``(2) Domestic use design.--The domestic use $100 currency shall state on its face, `This note is legal tender for all debts, public and private, when presented in the United States. This note shall not constitute legal tender for any debts, public or private, when presented outside of the United States.'. ``(3) Nondomestic use design.--The nondomestic use $100 currency shall state on its face, `This note is legal tender for all debts, public and private, when presented outside of the United States.'. ``(4) Design considerations.--In determining design features for $100 denomination domestic use and nondomestic use currency in accordance with this section, the Secretary shall consider-- ``(A) the relative efficacy of particular design features in making a currency resistant to counterfeiting; and ``(B) the costs of producing bills incorporating such features. ``(c) Currency Exchange.-- ``(1) Plan.--Not later than 12 months after the date of enactment of this section, the Secretary shall develop and begin implementation of a plan to require the exchange of all existing $100 denomination United States currency held within and outside of the United States for $100 denomination domestic use and nondomestic use United States currency issued in accordance with this section. ``(2) Exchange requirements.--The plan established under paragraph (1) shall require the currency to be exchanged-- ``(A) at financial institutions regulated under United States law and subject to United States currency transaction reporting and other money laundering deterrence requirements; or ``(B) at financial institutions that the Secretary finds, because of treaty obligations, other provisions of law, or other agreements, are required to report significant transactions in United States currency to the United States Treasury, and abide by such obligations. ``(3) 6-month exchange period.-- ``(A) In general.--During the period beginning on the date that is 12 months after the date of enactment of this section and ending on the date that is 18 months after that date of enactment, the Secretary shall permit the exchange of circulating $100 denomination United States currency for equal numbers of the domestic use and nondomestic use $100 currency issued in accordance with this section at institutions described in paragraph (2). ``(B) Non-negotiability.--Except for claims pursuant to subsection (e), beginning on the date that is 18 months after the date of enactment of this section, the United States Treasury shall not recognize $100 denomination United States currency issued prior to the date that is 12 months after the date of enactment of this section as constituting a negotiable claim against the United States Treasury, and such currency shall not constitute legal tender for any debts, public or private. ``(d) Domestic Use and Nondomestic Use Currency.--Beginning on the date that is 18 months after the date of enactment of this section-- ``(1) domestic use currency issued in accordance with this section shall be recognized as constituting a negotiable claim against the United States Treasury only when presented within the United States, and shall constitute legal tender for any debts, public or private, only when presented in the United States, but such currency may be exchanged for equal values of $100 denomination nondomestic use currency (or other United States currency) only at financial institutions regulated by United States law and subject to United States currency transaction reporting and other money laundering deterrence requirements; and ``(2) nondomestic use currency shall be recognized as constituting a negotiable claim against the United States Treasury, and legal tender for any debts, public or private, only when presented outside of the United States, but such currency may be exchanged for equal values of $100 denomination domestic use currency (or other United States currency) at financial institutions regulated by United States law and subject to United States currency transaction reporting and other money laundering deterrence requirements. ``(e) Later Exchange Criteria.--United States currency in the $100 denomination issued prior to the date that is 12 months after the date of enactment of this section may be exchanged later than 18 months after that date of enactment for either domestic use or nondomestic use $100 denomination United States currency (or other United States currency) only if the Secretary finds, based on substantial evidence, that the $100 denomination United States currency to be exchanged is not the proceeds of unlawful activity, and, if the amount of such currency to be exchanged totals more than $10,000, good cause existed for not exchanging it during the exchange period specified in subsection (c)(3). ``(f) Financing.--The Secretary, in coordination with the Attorney General of the United States and the Administrator of the Drug Enforcement Administration, shall analyze the exchange of currency under this section and determine the amount of existing $100 denomination United States currency in circulation that is not exchanged for new domestic use or nondomestic use currency. Credit resulting from extinguished claims against the United States Treasury for amounts that are not exchanged within the specified exchange period shall be used to fund the requirements of this section. Any additional credit shall be deposited into the United States Treasury's general obligation fund. ``(g) Regulations.--The Secretary may promulgate such regulations as may be necessary to implement this section.''. (b) Conforming Amendment.--The chapter analysis for chapter 51, title 31, United States Code, is amended by inserting after the item relating to section 5122, the following new item: ``5123. Counterfeit-resistant $100 currency.''. SEC. 4. NOTICE OF CURRENCY EXCHANGE PERIOD. Not later than 6 months after the date of enactment of this Act, the Secretary of the Treasury shall develop and begin implementation of a plan for providing notice of the currency exchange requirements established in accordance with the amendment made by this Act to domestic and foreign governments, financial institutions, and other affected persons.

Counterfeiting and Money Laundering Deterrence Act of 1994 - Amends Federal monetary law to direct the Secretary of the Treasury to design and designate a counterfeit-resistant domestic use $100 denomination bill which shall be exchanged for existing currency according to prescribed guidelines.

Counterfeiting and Money Laundering Deterrence Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Disability Insurance Act of 2010''. SEC. 2. NON-WORK RELATED DISABILITY INSURANCE. (a) Title 5, United States Code, is amended by adding after chapter 87 the following: ``CHAPTER 88--NON-WORK RELATED DISABILITY INSURANCE ``Sec. ``8801. Definitions. ``8802. Availability of insurance. ``8803. Contracting authority. ``8804. Benefits. ``8805. Premiums. ``8806. Preemption. ``8807. Studies, reports, and audits. ``8808. Jurisdiction of courts. ``8809. Administrative functions. ``8810. Cost accounting standards. ``Sec. 8801. Definitions ``For purposes of this chapter-- ``(1) the term `Director' means the Director of the Office of Personnel Management; ``(2) the term `employee' has the meaning given such term in section 8901(1); ``(3) the term `carrier' means a voluntary association, corporation, partnership, or other nongovernmental organization which is lawfully engaged in providing, paying for, or reimbursing lost wages or salaries under group insurance policies or contracts, membership or subscription contracts, or similar group arrangements, in consideration of premiums or other periodic charges payable to the carrier, including an insurance plan duly sponsored or underwritten by an employee organization and an association of organizations or other entities described in this paragraph sponsoring a temporary benefits plan; ``(4) the term `injury' includes an injury related to pregnancy and childbirth; ``(5) the term `sickness' includes a sickness related to pregnancy and childbirth; ``(6) the term `State' includes the District of Columbia; and ``(7) the term `totally disabled', used with respect to an employee, means such employee is unable to perform the essential functions of such employee's position. ``Sec. 8802. Availability of insurance ``(a) The Director shall establish and administer a program to make available insurance coverage under this chapter for an injury occurring outside the workplace or other disability otherwise not covered under chapter 81. ``(b) Insurance shall not be available under this chapter if the injury of an employee is caused by such employee's intention to bring about the injury to himself or to another individual. ``(c) In addition to the requirements otherwise applicable under section 8801(3), an insurance contract under this chapter must be fully insured, whether through reinsurance with other carriers or otherwise. ``Sec. 8803. Contracting authority ``(a) The Director shall, without regard to section 5 of title 41 or any other statute requiring competitive bidding, contract with one or more carriers for a policy or policies of disability insurance as described under this chapter. The Director shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. ``(b)(1) Each contract under this section shall contain-- ``(A) a detailed statement of the benefits offered (including any maximums, limitations, exclusions, and other definitions of benefits); ``(B) the premiums charged (including any limitations or other conditions on their subsequent adjustment); ``(C) the terms of the enrollment period; and ``(D) such other terms and conditions (including procedures for establishing eligibility for insurance under this chapter) as may be determined by the Director, consistent with the requirements of this chapter. ``(2) Premiums charged under a contract under this section shall reasonably and equitably reflect the cost of the benefits provided, as determined by the Director. ``(c)(1) Each contract under this section shall require the carrier-- ``(A) to provide payments or benefits described in subsection (c) or (d) of section 8804 to an employee if such employee is entitled thereto under the terms of the contract; and ``(B) with respect to disputes regarding claims for payments or benefits under the terms of the contract-- ``(i) to establish internal procedures designed to resolve such disputes expeditiously; and ``(ii) to establish for disputes not resolved through procedures under clause (i), procedures for one or more alternative means of dispute resolution involving independent third-party review under circumstances acceptable to the Director. ``(2) The carrier's determination as to whether or not a particular employee is eligible to obtain insurance coverage under this chapter shall be subject to review to the extent and in the manner provided in the applicable master contract. ``(3) Nothing in this chapter shall be considered to grant authority for the third-party reviewer to change the terms of any contract under this chapter. ``(d)(1) Each contract under this section shall be for a term of 7 years, unless terminated earlier by the Director in accordance with the terms of such contract. However, the rights and responsibilities of the enrolled employee, the insurer, and the Director under each contract shall continue with respect to such employee until the termination of coverage of the enrolled employee or the effective date of a successor contract. ``(2) A 7-year contract described in paragraph (1) may be made automatically renewable, for a term of 1 year each January first, unless written notice of non-renewal is given either by the Director or the carrier not less than 180 calendar days before the renewal date, or unless modified by mutual agreement. ``(3) A 7-year contract described in paragraph (1) shall include such provisions as may be necessary to ensure that, once an employee becomes duly enrolled, insurance coverage pursuant to that enrollment shall be terminated only if the individual is separated from Federal service or, where appropriate, for non-payment of premiums. ``Sec. 8804. Benefits ``(a) The Director may prescribe reasonable minimum standards for benefit plans offered under this chapter. The benefits under this chapter shall provide for benefits as described in subsections (c) and (d). ``(b)(1) Benefits under this chapter may supplement other benefits of an employee, including worker's compensation and disability retirement income. ``(2) A contract providing benefits under this chapter shall not provide for a preexisting condition exclusion. ``(c)(1) An eligible employee may receive benefits under this chapter during the first 12 months that an employee qualifies for such benefits. An employee shall receive such benefits after the expiration of the waiting period selected by such employee under paragraph (2)(A). The amount of benefits shall be the lesser of-- ``(A) 70 percent of the monthly pay, excluding bonuses, of an employee at the time of the injury or sickness of such employee occurs; or ``(B) 70 percent of the maximum rate of basic pay provided for grade GS-15 of the general schedule. ``(2)(A) The period for which benefits are payable to an employee under this subsection will begin after the completion of a waiting period. An employee shall elect one of the following waiting period options: ``(i) On the 8th day of continuous disability. ``(ii) On the 31st day of continuous disability. ``(iii) On the 91st day of continuous disability. ``(iv) On the 181st day of continuous disability. ``(B) Employees who elect to receive benefits earlier shall pay a higher premium. ``(d)(1) An employee may receive benefits after the 12-month period established under subsection (c) has expired only if such employee is totally disabled due to injury or sickness. ``(2) The amount of total disability benefits shall be 50 percent of an employee's monthly pay, excluding bonuses, at the time of the benefits under subsection (c) have expired. Total disability benefits shall not be available to an employee once such employee reaches the age of 67. ``(e) A contract approved under this chapter shall require the carrier to cover the geographic service delivery area specified by the Director. The Director shall require carriers to include non-work related disability underserved areas in their service delivery areas. ``(f) A surviving spouse, disability annuitant, or surviving child whose annuity is terminated and is later restored, may continue enrollment in a disability benefits plan subject to the terms and conditions prescribed in regulations issued by the Office. ``Sec. 8805. Premiums ``(a) Each eligible individual obtaining insurance coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. ``(b) The amount necessary to pay the premiums for enrollment shall be withheld from the pay of the enrolled individual. ``(c) The carrier participating under this chapter shall maintain records that permit it to account for all amounts received under this chapter (including investment earnings on those amounts) separate and apart from all other funds. ``(d)(1)(A) The Employees' Life Insurance Fund is available, without fiscal year limitation, for reasonable expenses incurred in administering this chapter before the start of the first term described in section 8803(d)(1), including reasonable implementation costs. ``(B) Such Fund shall be reimbursed, before the end of the first year of the first 7-year period described in section 8803(d)(1), for all amounts obligated or expended under subparagraph (A) (including lost investment income). Reimbursement under this subparagraph shall be made by the carrier in accordance with applicable provisions included in the relevant contract. ``(C)(i) There is hereby established in the Employees' Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to the Office of Personnel Management, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first term described in section 8803(d)(1). ``(ii) A contract under this chapter shall include appropriate provisions under which the carrier involved shall, during each year, make such periodic contributions to the Non-Work Related Disability Insurance Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office of Personnel Management in administering this chapter during such year (adjusted to reconcile for any earlier overestimates or underestimates under this subparagraph) are defrayed. ``(e) Nothing in this chapter shall, in the case of an enrolled individual applying for an extension of disability insurance coverage under this chapter after the expiration of such enrolled individual's first opportunity to enroll, preclude the application of underwriting standards for later enrollment. ``Sec. 8806. Preemption ``(a) The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State, territorial, tribal, or local law, or any regulation issued thereunder, which relates to non-work related disability insurance or contracts. ``(b)(1) No tax, fee, or other monetary payment may be imposed or collected, directly or indirectly, by any State, territory, tribe, or locality, or by any political subdivision or other governmental authority thereof, on, or with respect to, any premium paid for an insurance policy under this chapter. ``(2) Paragraph (1) shall not be construed to exempt any company or other entity issuing a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such entity from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity. ``(c) No law of a State, territory, tribe, or locality, pertaining to subrogation or reimbursement with respect to benefits provided under this chapter, shall operate except as expressly adopted by the Director. ``Sec. 8807. Studies, reports, and audits ``(a) A contract under this chapter shall contain provisions requiring the carrier to furnish such reasonable reports as the Director determines to be necessary to enable the Director to carry out the Director's functions under this chapter. ``(b) Each Federal agency shall keep such records, make such certifications, and furnish the Director, the carrier, or both, with such information and reports as the Director may require. ``(c) The Director shall conduct periodic reviews of each plan under this chapter to ensure its competitiveness. ``Sec. 8808. Jurisdiction of courts ``The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8803(c) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter. ``Sec. 8809. Administrative functions ``(a)(1) Except as otherwise provided in this chapter, the Director shall prescribe regulations necessary to carry out this chapter and to make arrangements as necessary with other agencies and payroll systems to implement the program. ``(2) Except as otherwise provided by law, the Director shall specify in regulation the treatment of time spent by an individual in receipt of benefits under this chapter for the purposes of periodic increases in pay, retention purposes, and other rights, benefits, and conditions of employment for which length of service is a factor. ``(b) The carrier shall provide for periodic coordinated enrollment, promotion, and education efforts, as specified by the Director. ``Sec. 8810. Cost accounting standards ``The cost accounting standards issued pursuant to section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)) shall not apply with respect to an insurance contract under this chapter.''. (b) The analysis for part III of title 5, United States Code, is amended by adding at the end of subpart G the following: ``88. Non-Work Related Disability Insurance................. 8801''.

Federal Employee Disability Insurance Act of 2010 - Requires the Director of the Office of Personnel Management (OPM) to establish and administer a program to make available insurance coverage for an injury occurring outside the workplace or for other disability otherwise not covered under federal employee worker's compensation provisions. Makes such insurance unavailable if the injury is caused by the employee's intention to bring about the injury to himself or to another individual. Requires an insurance contract under this provision to be fully insured. Requires the Director to contract with one or more carriers for such disability insurance policies. Authorizes the Director to prescribe reasonable minimum standards for benefit plans offered. Prohibits such a contract from providing for a preexisting condition exclusion. Allows an eligible employee to receive: (1) during the first 12 months that he or she qualifies, benefits equal to the lesser of 70% of his or her monthly pay at the time the injury or sickness occurs or 70% of the maximum rate of basic pay provided for grade GS-15 of the general schedule, beginning after expiration of the waiting period elected by the employee; and (2) after such 12-month period, benefits equal to 50% of monthly pay until age 67, only if such employee is totally disabled. Requires each eligible individual obtaining insurance coverage under this Act to be responsible for 100% of the premiums, which shall be higher for employees who elect a shorter waiting period. Establishes in the Employees' Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to OPM to defray reasonable expenses incurred in administering this Act and to which contracted carriers shall make contributions necessary to cover such expenses.

To provide for a voluntary, non-work related disability insurance program for Federal employees.

SECTION 1. ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT. (a) In General.--The Secretary of Energy (in this Act referred to as the ``Secretary'') shall prioritize education and training for energy and manufacturing-related jobs in order to increase the number of skilled workers trained to work in energy and manufacturing-related fields when considering awards for existing grant programs, including by-- (1) encouraging State education agencies and local educational agencies to equip students with the skills, mentorships, training, and technical expertise necessary to fill the employment opportunities vital to managing and operating the Nation's energy and manufacturing industries, in collaboration with representatives from the energy and manufacturing industries (including the oil, gas, coal, nuclear, utility, pipeline, renewable, petrochemical, manufacturing, and electrical construction sectors) to identify the areas of highest need in each sector and the skills necessary for a high quality workforce in the following sectors of energy and manufacturing: (A) Energy efficiency industry, including work in energy efficiency, conservation, weatherization, or retrofitting, or as inspectors or auditors. (B) Pipeline industry, including work in pipeline construction and maintenance or work as engineers or technical advisors. (C) Utility industry, including work in the generation, transmission, and distribution of electricity and natural gas, such as utility technicians, operators, lineworkers, engineers, scientists, and information technology specialists. (D) Nuclear industry, including work as scientists, engineers, technicians, mathematicians, or security personnel. (E) Oil and gas industry, including work as scientists, engineers, technicians, mathematicians, petrochemical engineers, or geologists. (F) Renewable industry, including work in the development, manufacturing, and production of renewable energy sources (such as solar, hydropower, wind, or geothermal energy). (G) Coal industry, including work as coal miners, engineers, developers and manufacturers of state-of- the-art coal facilities, technology vendors, coal transportation workers and operators, or mining equipment vendors. (H) Manufacturing industry, including work as operations technicians, operations and design in additive manufacturing, 3-D printing, advanced composites, and advanced aluminum and other metal alloys, industrial energy efficiency management systems, including power electronics, and other innovative technologies. (I) Chemical manufacturing industry, including work in construction (such as welders, pipefitters, and tool and die makers) or as instrument and electrical technicians, machinists, chemical process operators, chemical engineers, quality and safety professionals, and reliability engineers; and (2) strengthening and more fully engaging Department of Energy programs and labs in carrying out the Department's workforce development initiatives including the Minorities in Energy Initiative. (b) Prohibition.--Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to incentivize, require, or coerce a State, school district, or school to adopt curricula aligned to the skills described in subsection (a). (c) Priority.--The Secretary shall prioritize the education and training of underrepresented groups in energy and manufacturing-related jobs. (d) Clearinghouse.--In carrying out this section, the Secretary shall establish a clearinghouse to-- (1) maintain and update information and resources on training and workforce development programs for energy and manufacturing-related jobs, including job training and workforce development programs available to assist displaced and unemployed energy and manufacturing workers transitioning to new employment; and (2) provide technical assistance for States, local educational agencies, schools, community colleges, universities (including minority serving institutions), workforce development programs, labor-management organizations, and industry organizations that would like to develop and implement energy and manufacturing-related training programs. (e) Collaboration.--In carrying out this section, the Secretary-- (1) shall collaborate with States, local educational agencies, schools, community colleges, universities (including minority serving institutions), workforce-training organizations, national laboratories, State energy offices, workforce investment boards, and the energy and manufacturing industries; (2) shall encourage and foster collaboration, mentorships, and partnerships among organizations (including industry, States, local educational agencies, schools, community colleges, workforce-development organizations, and colleges and universities) that currently provide effective job training programs in the energy and manufacturing fields and entities (including States, local educational agencies, schools, community colleges, workforce development programs, and colleges and universities) that seek to establish these types of programs in order to share best practices; and (3) shall collaborate with the Bureau of Labor Statistics, the Department of Commerce, the Bureau of the Census, States, and the energy and manufacturing industries to develop a comprehensive and detailed understanding of the energy and manufacturing workforce needs and opportunities by State and by region. (f) Outreach to Minority Serving Institutions.--In carrying out this section, the Secretary shall-- (1) give special consideration to increasing outreach to minority serving institutions and Historically Black Colleges and Universities; (2) make existing resources available through program cross-cutting to minority serving institutions with the objective of increasing the number of skilled minorities and women trained to go into the energy and manufacturing sectors; (3) encourage industry to improve the opportunities for students of minority serving institutions to participate in industry internships and cooperative work/study programs; and (4) partner with the Department of Energy laboratories to increase underrepresented groups' participation in internships, fellowships, traineeships, and employment at all Department of Energy laboratories. (g) Outreach to Dislocated Energy and Manufacturing Workers.--In carrying out this section, the Secretary shall-- (1) give special consideration to increasing outreach to employers and job trainers preparing dislocated energy and manufacturing workers for in-demand sectors or occupations; (2) make existing resources available through program cross-cutting to institutions serving dislocated energy and manufacturing workers with the objective of training individuals to re-enter in-demand sectors or occupations; (3) encourage the energy and manufacturing industries to improve opportunities for dislocated energy and manufacturing workers to participate in career pathways; and (4) work closely with the energy and manufacturing industries to identify energy and manufacturing operations, such as coal-fired power plants and coal mines, scheduled for closure and to provide early intervention assistance to workers employed at such energy and manufacturing operations by-- (A) partnering with State and local workforce development boards; (B) giving special consideration to employers and job trainers preparing such workers for in-demand sectors or occupations; (C) making existing resources available through program cross-cutting to institutions serving such workers with the objective of training them to re-enter in-demand sectors or occupations; and (D) encouraging the energy and manufacturing industries to improve opportunities for such workers to participate in career pathways. (h) Enrollment in Workforce Development Programs.--In carrying out this section, the Secretary shall work with industry and community- based workforce organizations to help identify candidates, including from underrepresented communities such as minorities, women, and veterans, to enroll in workforce development programs for energy and manufacturing-related jobs. (i) Prohibition.--Nothing in this section shall be construed as authorizing the creation of a new workforce development program. (j) Definitions.--In this section: (1) Career pathways; dislocated worker; in-demand sectors or occupations; local workforce development board; state workforce development board.--The terms ``career pathways'', ``dislocated worker'', ``in-demand sectors or occupations'', ``local workforce development board'', and ``State workforce development board'' have the meanings given the terms ``career pathways'', ``dislocated worker'', ``in-demand sectors or occupations'', ``local board'', and ``State board'', respectively, in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (2) Minority-serving institution.--The term ``minority- serving institution'' means an institution of higher education with a designation of one of the following: (A) Hispanic-serving institution (as defined in 20 U.S.C.1101a(a)(5)). (B) Tribal College or University (as defined in 20 U.S.C.1059c(b)). (C) Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in 20 U.S.C.1059d(b)). (D) Predominantly Black Institution (as defined in 20 U.S.C.1059e(b)). (E) Native American-serving nontribal institution (as defined in 20 U.S.C.1059f(b)). (F) Asian American and Native American Pacific Islander-serving institution (as defined in 20 U.S.C.1059g(b)). SEC. 2. REPORT. Five years after the date of enactment of this Act, the Secretary shall publish a comprehensive report to the Committee on Energy and Commerce and the Committee on Education and the Workforce of the House of Representatives and the Senate Energy and Natural Resources Committee on the outlook for energy and manufacturing sectors nationally. The report shall also include a comprehensive summary of energy and manufacturing job creation as a result of the enactment of this Act. The report shall include performance data regarding the number of program participants served, the percentage of participants in competitive integrated employment two quarters and four quarters after program completion, the median income of program participants two quarters and four quarters after program completion, and the percentage of program participants receiving industry-recognized credentials. SEC. 3. USE OF EXISTING FUNDS. No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives February 29, 2016. Attest: KAREN L. HAAS, Clerk.

(Sec. 1) This bill directs the Department of Energy (DOE), in awarding grants, to prioritize education and training for energy and manufacturing jobs, including by encouraging state and local education agencies to equip students for those jobs and strengthening DOE programs and labs carrying out workforce development initiatives. DOE must prioritize educating and training workers from underrepresented groups such as minorities, women, and veterans. DOE may encourage, but not incentivize or require, any state or school district to adopt a curriculum to equip students with the skills and training necessary to fill employment opportunities in the energy and manufacturing industries. In addition, DOE is directed to: establish a clearinghouse for information and guidance on job training and other workforce development programs for energy and manufacturing jobs; and work with the energy and manufacturing industries, educational institutions, and other government agencies to identify areas of workforce need and develop guidelines to implement the best practices for effective job training programs. The bill requires DOE to consider increasing outreach to institutions that serve minority populations. The Minorities in Energy Initiative provides for DOE to: make existing resources available to minority serving institutions with the objective of increasing the number of minorities and women trained to work in the energy and manufacturing industries; encourage the energy and manufacturing industries to improve the amount of internships and cooperative work study programs available for minority students; and increase underrepresented groups' participation in internships, fellowships, and employment at DOE laboratories. DOE must give special consideration to dislocated energy and manufacturing workers by: increasing outreach to employers and job trainers who train unemployed energy and manufacturing workers for re-entry into the job market, making existing resources available to institutions that provide job training to unemployed energy and manufacturing workers, encouraging the energy and manufacturing industries to improve opportunities for energy and manufacturing workers to participate in career pathway programs, and working with the energy and manufacturing industries to identify energy and manufacturing operations scheduled for closure and provide early intervention assistance to affected workers through partnerships with state and local workforce boards. This bill does not authorize the creation of a new workforce development program. (Sec. 2) DOE is required to submit a report to Congress, within five years, on the national outlook for the energy and manufacturing industries. The report must include a summary of energy and manufacturing jobs that have been created by this bill. In addition, the report must contain the: number of workforce training program participants served, percentage of workforce training program participants in competitive employment, median income of workforce training program participants, and percentage of workforce training program participants receiving industry-recognized credentials. (Sec. 3) This bill does not authorize additional funding to carry out its requirements.

To promote a 21st century energy and manufacturing workforce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nazi War Crimes and Japanese Imperial Government Disclosure Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1998, Congress adopted the Nazi War Crimes Disclosure Act (Public Law 105-246) requiring the executive branch to identify any still-classified records in its custody relating to Nazi war crimes, war criminals, persecution, and looted assets and to declassify and release such records to the American public. Under that Act, the President established the Nazi War Criminal Records Interagency Working Group (in this section referred to as the ``Interagency Group'') to carry out the functions required by that Act. (2) In its first year, the Interagency Group screened more than 600,000,000 pages of material relating to Nazi war crimes and has declassified 1,500,000 pages of such material and opened them to the public at the National Archives. (3) While the Interagency Group has worked diligently to screen materials and declassify millions of pages of material, the limited staff and funding available to the Interagency Group threaten its ability to complete the functions required by the Nazi War Crimes Disclosure Act. (4) Already, significant new information about the Holocaust has been revealed in the more than 400,000 records of the Office of Strategic Services that were released by the Interagency Group at the National Archives on June 26, 2000. However, further such revelations depend on the availability of adequate staff support and funding for the Interagency Group. (5) The remarkable progress made by the Interagency Group has been achieved even though Congress has not appropriated funds for the support of the Interagency Group or for the activities carried out by the various Federal agencies which hold records subject to its functions. Without the resources to review the materials being released, it will be years before the significance of the contents of such materials will be understood. (6) The Nazi War Crimes Disclosure Act charged the Interagency Group with reviewing all records that pertain to World War II, under the direction of, or in association with the Nazi government of Germany, any government occupied by the military of the Nazi government, and any government that was an ally of the Nazi government, which includes the Japanese Imperial Government. (7) After the end of World War II, the United States returned more than 18,000,000 pages of captured Japanese records to the Japanese Government at its request. (8) In order to complete the Congressional directives of the Nazi War Crimes Disclosure Act, the Interagency Group should review the materials that were returned to Japan. Therefore, the full cooperation of the Japanese Government in granting access to the Interagency Group and assisting in the review of all World War II records is desired to insure that these historic records can be reviewed, released, or otherwise made available to the public in a timely and efficient manner. (9) The Interagency Group has been working diligently to fulfill its charge under the Nazi War Crimes Disclosure Act, but the original three-year authorization of the Interagency Group under that Act does not allow for the completion of the momentous tasks outlined in that Act, specifically the completion of the review of the records pertaining to the Japanese Government. SEC. 3. EXTENSION AND MODIFICATION OF AUTHORITY OF NAZI WAR CRIMINAL RECORDS INTERAGENCY WORKING GROUP TO COVER JAPANESE IMPERIAL GOVERNMENT RECORDS. (a) Amendment to Title.--Section 1 of the Nazi War Crimes Disclosure Act (Public Law 105-246; 112 Stat. 1859; 5 U.S.C. 552 note) is amended by striking ``Nazi War Crimes Disclosure Act'' and inserting ``Nazi War Crimes and Japanese Imperial Government Disclosure Act''. (b) Extension of Authority.--Section 2(b)(1) of such Act is amended by striking ``3 years'' and inserting ``5 years''. (c) Membership.--Section 2(b)(2) of such Act is amended by striking ``3 other persons'' and inserting ``4 other persons, who shall be members of the public and of whom 3 shall be persons appointed to the Interagency Group before the date of the enactment of the Nazi War Crimes and Japanese Imperial Government Disclosure Act''. (d) Functions Regarding Japanese Imperial Government Records.-- (1) In general.--Section 2(c)(1) of such Act is amended by inserting ``and all classified Japanese Imperial Government records of the United States'' after ``of the United States''. (2) Definition of japanese imperial government records.-- Section 3 of such Act is amended-- (A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (B) by inserting after subsection (a) the following new subsection (b): ``(b) Japanese Imperial Government Records.--For purposes of this Act, the term `Japanese Imperial Government records' means classified records or portions of records that pertain to any person with respect to whom the United States Government, in its sole discretion, has grounds to believe ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, gender, religion, national origin, or political opinion, during the period beginning September 18, 1931, and ending on September 2, 1945, under the direction of, or in association with-- ``(1) the Japanese Imperial Army; ``(2) the Japanese Imperial Government; ``(3) any government in any area occupied by the military forces of the Japanese Imperial Army; ``(4) any government established with the assistance or cooperation of the Japanese Imperial Army or Japanese Imperial Government; or ``(5) any government which was an ally of the Japanese Imperial Government.''. (3) Application of exemptions.--Paragraph (3)(A) of section 3(c) of such Act, as redesignated by paragraph (2)(A) of this section, is amended to read as follows: ``(A) In general.--In applying the exemptions provided in subparagraphs (B) through (J) of paragraph (2), there shall be a presumption that the public interest will be served by disclosure and release of the Nazi war criminal records or Japanese Imperial Government records, as the case may be. The exemption may be asserted only when the head of the agency that maintains the records determines that disclosure and release would be harmful to a specific interest identified in the exemption. An agency head who makes such a determination shall promptly report such determination to the committees of Congress with appropriate jurisdiction, including the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on Government Reform and Oversight and the Permanent Select Committee on Intelligence of the House of Representatives. The exemptions set forth in paragraph (2) shall constitute the only authority pursuant to which an agency head may exempt records otherwise subject to release under paragraph (1).''. (4) Conforming amendments.--Such Act is further amended as follows: (A) In section 2(a)-- (i) by striking ``and'' at the end of paragraph (3); (ii) by striking paragraph (4); and (iii) by adding after paragraph (3) the following new paragraphs: ``(4) `Japanese Imperial Government records' has the meaning given such term under section 3(b) of this Act; and ``(5) `record' means a Nazi war criminal record or a Japanese Imperial Government record.''. (B) In section 3(c)(1), as redesignated by paragraph (2)(A) of this subsection, by inserting ``and Japanese Imperial Government records'' after ``Nazi war criminal records''. (C) In section 4(d), as so redesignated, by inserting ``or Japanese Imperial Government record'' after ``Nazi war criminal record''. (D) In section 4, by inserting ``or Japanese Imperial Government record'' after ``Nazi war criminal record'' each place it appears. (e) Authorization of Appropriations.--Section 2(d) of such Act is amended to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated for the Interagency Group to carry out this section, $5,000,000 for each of fiscal years 2001, 2002 and 2003.''. (f) Records Included.--Section 3(a)(2)(A) of such Act is amended by striking ``beginning on March 23, 1933, and ending on May 8, 1945'' and inserting ``beginning on January 1, 1931, and ending on September 2, 1945''. (g) Modification of Name of Interagency Group.--Such Act is amended by striking ``Nazi War Criminal Records Interagency Working Group'' each place it appears and inserting ``Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group''. (h) Clerical Amendments.--(1) The section heading of section 2 of such Act is amended to read as follows: ``SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMES AND JAPANESE IMPERIAL GOVERNMENT RECORDS INTERAGENCY WORKING GROUP.''. (2) The section heading of section 3 of such Act is amended to read as follows: ``SEC. 3. REQUIREMENT OF DISCLOSURE OF NAZI WAR CRIMINAL RECORDS AND JAPANESE IMPERIAL GOVERNMENT RECORDS.''. (3) The section heading of section 4 of such Act is amended to read as follows: ``SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR NAZI WAR CRIMINAL RECORDS AND JAPANESE IMPERIAL GOVERNMENT RECORDS.''. SEC. 4. REPORT ON ACTIVITIES OF NAZI WAR CRIMES AND JAPANESE IMPERIAL GOVERNMENT INTERAGENCY WORKING GROUP. (a) Report Required.--Not later than 1 year after the date of the enactment of this Act, the Nazi War Crimes and Japanese Imperial Government Interagency Working Group shall submit to Congress, including the committees of Congress specified in subsection (b), a report on the activities of the Interagency Group under the Nazi War Crimes and Japanese Imperial Government Disclosure Act, as amended by section 3 of this Act, during the one-year period ending on the date of the report. The report shall describe the activities of the Interagency Group and applicable Federal agencies under section 2(c) of that Act, as so amended, and include a description of the records processed by the Interagency Group under that Act (including the disposition of such records). (b) Committees of Congress.--The committees of Congress specified in this subsection are as follows: (1) The Committee on the Judiciary and the Select Committee on Intelligence of the Senate. (2) The Committee on the Judiciary, the Committee on Government Reform and Oversight, and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. 5. SENSE OF CONGRESS REGARDING COOPERATION OF FOREIGN NATIONS. It is the sense of Congress that foreign nations, and in particular Japan, should make every effort possible to make its records available to and cooperate with the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group established by section 2 of the Nazi War Crimes and Japanese Imperial Government Disclosure Act, as amended by section 3 of this Act, in carrying out the duties of the Interagency Group under such Act, as so amended.

Amends the Nazi War Crimes and Japanese Imperial Government Disclosure Act to rename the Nazi War Criminal Records Interagency Working Group the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group, and to extend its authority for an additional two years. Requires the Interagency Group to locate, identify, inventory, recommend for declassification, and make available to the public at the National Archives and Records Administration all classified Japanese Imperial Government records of the United States. Authorizes appropriations. Expresses the sense of Congress that foreign nations (in particular Japan) should make every effort possible to make its records available to and cooperate with the Interagency Group.

Nazi War Crimes and Japanese Imperial Government Disclosure Act

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Small Business Tax Fairness and Simplification Act of 2007''. (b) References to Internal Revenue 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. Application of cafeteria plan rules, etc., to self-employed individuals. Sec. 3. Long-term care insurance permitted to be offered under cafeteria plans and flexible spending arrangements. Sec. 4. Amortization of certain intangibles acquired from eligible small businesses. Sec. 5. Increase in exclusion of gain from qualified small business stock. Sec. 6. Standard home office deduction. Sec. 7. Qualified small businesses election of taxable year ending in a month from April to November. Sec. 8. Increase in maximum number of S corporation shareholders. Sec. 9. Government contracts with small businesses not subject to tax withholding. SEC. 2. APPLICATION OF CAFETERIA PLAN RULES, ETC., TO SELF-EMPLOYED INDIVIDUALS. (a) In General.--Section 125(d) (defining cafeteria plan) is amended by adding at the end the following new paragraph: ``(3) Employee to include self-employed.-- ``(A) In general.--The term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(B) Limitation.--The amount which may be excluded under subsection (a) with respect to a participant in a cafeteria plan by reason of being an employee under subparagraph (A) shall not exceed the employee's earned income (within the meaning of section 401(c)) derived from the trade or business with respect to which the cafeteria plan is established.'' (b) Application to Benefits Which May Be Provided Under Cafeteria Plan.-- (1) Group-term life insurance.--Section 79 (relating to group-term life insurance provided to employees) is amended by adding at the end the following new subsection: ``(f) Employee Includes Self-Employed.-- ``(1) In general.--For purposes of this section, the term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(2) Limitation.--The amount which may be excluded under the exceptions contained in subsection (a) or (b) with respect to an individual treated as an employee by reason of paragraph (1) shall not exceed the employee's earned income (within the meaning of section 401(c)) derived from the trade or business with respect to which the individual is so treated.'' (2) Accident and health plans.--Section 105(g) is amended to read as follows: ``(g) Employee Includes Self-Employed.-- ``(1) In general.--For purposes of this section, the term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(2) Limitation.--The amount which may be excluded under this section by reason of subsection (b) or (c) with respect to an individual treated as an employee by reason of paragraph (1) shall not exceed the employee's earned income (within the meaning of section 401(c)) derived from the trade or business with respect to which the accident or health insurance was established.'' (3) Contributions by employers to accident and health plans.-- (A) In general.--Section 106 is amended by adding at the end the following new subsection: ``(c) Employer to Include Self-Employed.-- ``(1) In general.--For purposes of this section, the term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(2) Limitation.--The amount which may be excluded under subsection (a) with respect to an individual treated as an employee by reason of paragraph (1) shall not exceed the employee's earned income (within the meaning of section 401(c)) derived from the trade or business with respect to which the accident or health insurance was established.'' (B) Clarification of limitations on other coverage.--The first sentence of section 162(l)(2)(B) is amended to read as follows: ``Paragraph (1) shall not apply to any taxpayer for any calendar month for which the taxpayer participates in any subsidized health plan maintained by any employer (other than an employer described in section 401(c)(4)) of the taxpayer or the spouse of the taxpayer. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. LONG-TERM CARE INSURANCE PERMITTED TO BE OFFERED UNDER CAFETERIA PLANS AND FLEXIBLE SPENDING ARRANGEMENTS. (a) Cafeteria Plans.--The last sentence of section 125(f) (defining qualified benefits) is amended to read as follows: ``Such term shall include the payment of premiums for any qualified long-term care insurance contract (as defined in section 7702B) to the extent the amount of such payment does not exceed the eligible long-term care premiums (as defined in section 213(d)(10)) for such contract''. (b) Flexible Spending Arrangements.--Section 106 (relating to contributions by employer to accident and health plans), as amended by section 2, is amended by striking subsection (c) and redesignating subsection (d) as subsection (c). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. AMORTIZATION OF CERTAIN INTANGIBLES ACQUIRED FROM ELIGIBLE SMALL BUSINESSES. (a) In General.--Section 197 (relating to amortization of goodwill and certain other intangibles) is amended by redesignating subsection (g) as subsection (h) and inserting after subsection (f) the following new subsection: ``(g) Amortization of Intangibles Acquired From Eligible Small Businesses.-- ``(1) In general.--In the case of any qualified amortizable section 197 intangible, subsection (a) shall be applied by substituting `5-year period' for `15-year period'. ``(2) Qualified amortizable section 197 intangible.--For purposes of this subsection, the term `qualified amortizable section 197 intangible' means any amortizable section 197 intangible which is acquired in a transaction (or series of transactions) involving the acquisition of assets constituting a trade or business or substantial portion thereof from an eligible small business (as defined in section 474(c)) after the date of the enactment of this subsection. ``(3) Maximum amount per business.-- ``(A) In general.--The aggregate adjusted basis of qualified amortizable section 197 intangibles of each eligible small business which the taxpayer may amortize under paragraph (1) shall not exceed $5,000,000. ``(B) Allocation of dollar amount.-- ``(i) Controlled group.--For purposes of applying the dollar limitations in subparagraph (A)-- ``(I) all component members of a controlled group shall be treated as one taxpayer, and ``(II) such dollar limitations shall be allocated among the component members of such controlled group in such manner as the Secretary prescribes. For purposes of the preceding sentence, the term `controlled group' has the meaning given to such term by section 1563(a), except that `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1). ``(ii) Partnerships and s corporations.--In the case of a partnership, the dollar limitations in subparagraph (A) shall apply with respect to the partnership and with respect to each partner. A similar rule shall apply in the case of an S corporation and its shareholders. ``(C) Subsection not to apply to trusts.--This subsection shall not apply to trusts. ``(D) Estates.--The benefit of the special deduction provided by this subsection shall be allowed to estates in the same manner as in the case of an individual. The allowable deduction shall be apportioned between the income beneficiary and the fiduciary in the manner prescribed by the Secretary. Any amount so apportioned to a beneficiary shall be taken into account for purposes of determining the amount allowable as a deduction under this subsection to such beneficiary.''. (b) Effective Date.--The amendment made by this section shall apply to acquisitions of qualified amortizable section 197 intangibles (as defined in section 197(g)(2) of the Internal Revenue Code of 1986, as added by this section) after the date of the enactment of this Act. SEC. 5. INCREASE IN EXCLUSION OF GAIN FROM QUALIFIED SMALL BUSINESS STOCK. (a) In General.--Paragraph (1) of section 1202(a) is amended by striking ``50 percent'' and inserting ``62.5 percent''. (b) Empowerment Zone Businesses.--Subparagraph (A) of section 1202(a)(2) is amended-- (1) by striking ``60 percent'' and inserting ``75 percent'', and (2) by striking ``50 percent'' and inserting ``62.5 percent''. (c) Effective Date.--The amendments made by this section shall apply to sales or exchanges of qualified small business stock in taxable years beginning after the date of the enactment of this Act. SEC. 6. STANDARD HOME OFFICE DEDUCTION. (a) In General.--Subsection (c) of section 280A (relating to disallowance of certain expenses in connection with business use of home, rental of vacation homes, etc.) is amended by adding at the end the following new paragraph: ``(7) Standard home office deduction.--Subject to the limitation of paragraph (5), in the case of a use described in paragraph (1), (2), or (4), and in the case of a use described in paragraph (3) where the dwelling unit is used by the taxpayer during the taxable year as a residence, the deductions allowed under this chapter for the taxable year by reason of being attributed to such use shall not be less than $2,500.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 7. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A MONTH FROM APRIL TO NOVEMBER. (a) In General.--Part I of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to accounting periods) is amended by inserting after section 444 the following new section: ``SEC. 444A. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A MONTH FROM APRIL TO NOVEMBER. ``(a) General Rule.--A qualified small business may elect to have a taxable year, other than the required taxable year, which ends on the last day of any of the months of April through November (or at the end of an equivalent annual period (varying from 52 to 53 weeks)). ``(b) Years for Which Election Effective.--An election under subsection (a)-- ``(1) shall be made not later than the due date (including extensions thereof) for filing the return of tax for the first taxable year of the qualified small business, and ``(2) shall be effective for such first taxable year or period and for all succeeding taxable years of such qualified small business until such election is terminated under subsection (c). ``(c) Termination.-- ``(1) In general.--An election under subsection (a) shall be terminated on the earliest of-- ``(A) the first day of the taxable year following the taxable year for which the entity fails to meet the gross receipts test, ``(B) the date on which the entity fails to qualify as an S corporation, or ``(C) the date on which the entity terminates. ``(2) Gross receipts test.--For purposes of paragraph (1), an entity fails to meet the gross receipts test if the entity fails to meet the gross receipts test of section 448(c). ``(3) Effect of termination.--An entity with respect to which an election is terminated under this subsection shall determine its taxable year for subsequent taxable years under any other method that would be permitted under subtitle A. ``(4) Income inclusion and deduction rules for period after termination.--If the termination of an election under paragraph (1)(A) results in a short taxable year-- ``(A) items relating to net profits for the period beginning on the day after its last fiscal year-end and ending on the day before the beginning of the taxable year determined under paragraph (4) shall be includible in income ratably over the succeeding 4 taxable years, or (if fewer) the number of taxable years equal to the fiscal years for which the election under this section was in effect, and ``(B) items relating to net losses for such period shall be deductible in the first taxable year after the taxable year with respect to which the election terminated. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified small business.--The term `qualified small business' means an entity-- ``(A)(i) for which an election under section 1362(a) is in effect for the first taxable year or period of such entity and for all subsequent years, or ``(ii) which is treated as a partnership for the first taxable year or period of such entity for Federal income tax purposes, ``(B) which conducts an active trade or business or which would qualify for an election to amortize start- up expenditures under section 195, and ``(C) which is a start-up business. ``(2) Start-up business.--For purposes of paragraph (1)(C), an entity shall be treated as a start-up business so long as not more than 75 percent of the entity is owned by any person who previously conducted a similar trade or business at any time within the 1-year period ending on the date on which such entity is formed. For purposes of the preceding sentence, a person and any other person bearing a relationship to such person specified in section 267(b) or 707(b)(1) shall be treated as one person, and sections 267(b) and 707(b)(1) shall be applied as if section 267(c)(4) provided that the family of an individual consists of the individual's spouse and the individual's children under the age of 21. ``(3) Required taxable year.--The term `required taxable year' has the meaning given to such term by section 444(e). ``(e) Tiered Structures.--The Secretary shall prescribe rules similar to the rules of section 444(d)(3) to eliminate abuse of this section through the use of tiered structures.''. (b) Conforming Amendment.--Section 444(a)(1) of such Code is amended by striking ``section,'' and inserting ``section and section 444A''. (c) Clerical Amendment.--The table of sections for part I of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 444 the following new item: ``Sec. 444A. Qualified small businesses election of taxable year ending in a month from April to November.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 8. INCREASE IN MAXIMUM NUMBER OF S CORPORATION SHAREHOLDERS. (a) In General.--Subparagraph (A) of section 1361(b)(1) is amended by striking ``100'' and inserting ``150''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 9. GOVERNMENT CONTRACTS WITH SMALL BUSINESSES NOT SUBJECT TO TAX WITHHOLDING. (a) In General.--Paragraph (2) of section 3402(t) is amended by striking ``and'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(J) to any specified small business.''. (b) Specified Small Business.--Subsection (t) of section 3402 is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Specified small business.--For purposes of this subsection, the term `specified small business' means a corporation or partnership which meets the gross receipts test of section 448(c) for the taxable year prior to the taxable year in which the payment is received (or, in the case of a sole proprietorship, which would meet such test if such proprietorship were a corporation).''. (c) Effective Date.--The amendments made by this section shall take effect as if included in section 511 of the Tax Increase Prevention and Reconciliation Act of 2005.

Small Business Tax Fairness and Simplification Act of 2007 - Amends the Internal Revenue Code to: (1) allow self-employed individuals to participate in cafeteria pension plans; (2) allow long-term care insurance under cafeteria plans and flexible spending arrangements; (3) allow accelerated amortization of certain intangible assets (e.g., good will) acquired from a small business; (4) increase the tax exclusion of gain from the sale of certain small business stock; (5) provide a $2,500 standard tax deduction for home business expenses; (6) permit certain small businesses to elect a taxable year ending in a month from April to November; (7) increase the allowable number of S corporation shareholders; and (8) exempt certain small businesses from withholding of tax requirements for payments made by government entities.

To amend the Internal Revenue Code of 1986 to provide tax incentives for small businesses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Voting Rights Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Indian reservation.--The term ``Indian reservation'' shall have the meaning given the term in section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503). (2) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). SEC. 3. TRIBAL ACCESS TO POLLING PLACES AND VOTER REGISTRATION. (a) Actions Requiring Preclearance.--No State or political subdivision may, unless that State or political subdivision meets the requirements of subsection (b)-- (1) eliminate the only polling place or voter registration site on an Indian reservation; (2) move or consolidate a polling place or voter registration site that is located on an Indian reservation to a location 1 mile or further from the existing location of the polling place or voter registration site; (3) move or consolidate a polling place on an Indian reservation to a location across a river, lake, mountain, or other natural boundary such that it makes travel difficult for a voter, regardless of distance; (4) eliminate in-person voting on an Indian reservation by designating an Indian reservation as a permanent absentee voting location, unless-- (A) the entire State is or becomes a permanent absentee voting State; or (B) the Indian tribe requests such a designation in accordance with section 3(c); (5) remove an early voting location or otherwise diminish early voting opportunities on an Indian reservation; or (6) decrease the number of days or hours that an in-person or early voting location is open on an Indian reservation or change the dates of in-person or early voting on an Indian reservation. (b) Preclearance.-- (1) In general.--A State or political subdivision meets the requirements of this subsection if the State or political subdivision-- (A) institutes an action in the United States District Court for the District of Columbia for a declaratory judgment that the specified activity described in subsection (a) that the State or political subdivision desires to carry out neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color, or membership in a language minority group, and unless and until the court enters such judgment the State or political subdivision shall not carry out such activity; or (B) the chief legal officer or other appropriate official of such State or subdivision submits a request to carry out the specified activity described in subsection (a) to the Attorney General and the Attorney General has not interposed an objection within 60 days after such submission, or upon good cause shown, to facilitate an expedited approval within 60 days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. (2) No limitation on future actions.--Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of an activity described in subsection (a). In the event the Attorney General affirmatively indicates that no objection will be made within the 60-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to the Attorney General's attention during the remainder of the 60-day period which would otherwise require objection in accordance with this section. Any action under this section shall be heard and determined by a court of 3 judges in accordance with the provisions of section 2284 of title 28 of the United States Code and any appeal shall lie to the Supreme Court. SEC. 4. DESIGNATION OF TRIBAL POLLING PLACES. (a) Obligations of the State.-- (1) Designation of state officer.--Each of the several States whose territory contains all or part of an Indian reservation shall designate, for each Indian tribe of each Indian reservation, an officer within that State responsible for compliance with the provisions of this Act. The State shall provide written notice to each such Indian tribe of the officer so designated. (2) Provision of polling places.--For each Indian tribe that satisfies the obligations of subsection (b), and for each election that is held at least 180 days after the Indian tribe initially satisfies such obligations, any State whose territory contains all or part of an Indian reservation of the Indian tribe-- (A) shall provide a minimum of one polling place in a location selected by the Indian tribe; (B) shall provide additional polling places in locations selected by the Indian tribe if, based on the totality of circumstances, it is shown that not providing additional polling places would result in members of the Indian tribe having less opportunity to vote than other citizens have, as determined by the Attorney General; (C) shall, at each polling place provided in accordance with this section, make voting machines, tabulation machines, ballots, provisional ballots, and other voting materials available to the same extent that such equipment and materials are made available at most other polling places in the State; (D) shall, at each polling place provided under this section, conduct the election using the same voting procedures that are used at other polling places in the State; (E) shall, at each polling place provided in accordance with this section, provide training, compensation, and other benefits to election officials and poll workers to the same extent that such training, compensation, and benefits are provided to election officials and poll workers at other polling places in the State; (F) shall cooperate in good faith with the efforts of the Indian tribe to satisfy the certifications the Indian tribe made pursuant to subparagraphs (B) through (E) of subsection (b)(1); and (G) may fulfill the State's obligations under subparagraphs (A) and (B) by relocating existing polling places, by creating new polling places, or both. (3) Equitable opportunities to vote.--When assessing the opportunities to vote provided to members of the Indian tribe and to other citizens in the State, to determine the number of additional polling places (if any) that a State must provide pursuant to subparagraph (B) of paragraph (2), the State, and any court applying this Act, shall consider-- (A) the number of voting-age citizens assigned to each polling place; (B) the distances that voters must travel to reach the polling places; (C) the time that voters must spend traveling to reach the polling places; (D) the modes of transportation that voters use to reach the polling places; (E) the existence of and access to public transportation to the polling places; and (F) any other factor relevant to effectuating the purposes of this Act. (b) Obligations of the Indian Tribe.-- (1) The State obligations in subsection (a) shall apply only if the Indian tribe files a standing request with the officer designated under subsection (a)(1) for a polling place or polling places for future elections, pursuant to subparagraphs (A) and (B) of subsection (a)(2), which-- (A) specifies the number and locations of such polling places; (B) certifies that the Indian tribe has arranged access to the facilities in which such polling places will be located, and that such access is in accordance with Federal and State law; (C) certifies that the Indian tribe will ensure that each such polling place will be open and accessible to all voting-age citizens who reside in the precinct or other geographic area assigned to such polling place, regardless of whether such citizens are or are not members of the Indian tribe or of any other Indian tribe; (D) certifies that the Indian tribe will designate election officials and poll workers to staff such polling places on every day that the polling places will be open; and (E) certifies that the Indian tribe will ensure that the election officials and poll workers who the Indian tribe designate to staff such polling places attend and satisfactorily complete any training that is required of election officials and poll workers who staff other polling places in nearby areas of the State, or requests that the State shall designate such election officials and poll workers. (2) At any time at least 60 days before an election, an Indian tribe that previously has satisfied the obligations of paragraph (1) may notify the State that the Indian tribe intends to opt out of the standing request for one or more polling places as described in subparagraphs (A) and (B) of subsection (a)(2) for a particular election or for all future elections. (c) Absentee Balloting.--In States that permit absentee or mail-in balloting, an Indian tribe may request to the State or political subdivision that an Indian reservation of the Indian tribe be designated as an absentee ballot location. In such instances, absentee ballots shall be provided to each registered voter living on the Indian reservation without the requirement of a request or an excuse for an absentee ballot. Bilingual election materials shall be provided if required by section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503). (d) Early Voting.--In States that provide for early voting, a State or local election official shall provide at least one early voting location on an Indian reservation upon the request of the applicable Indian tribe. (e) Facilities.--An Indian tribe may request to the State or political subdivision that tribal government offices or Federal facilities, such as Indian Health Service or Bureau of Indian Affairs facilities, be designated as polling places or voter registration agencies under section 7 of the National Voter Registration Act of 1993 (52 U.S.C. 20506) provided that the tribal government office or Federal facility meets the requirements of Federal and State law applied to other polling places or voter registration agencies within the State or political subdivision. (f) Tribal Government Identification.--If a State or political subdivision requires an individual to present identification for the purposes of voting or registering to vote, a tribal identification card shall be treated as a valid form of identification for such purposes. (g) Enforcement.--The government of an Indian tribe or the Attorney General of the United States may bring a civil action against a State or political subdivision, as the case may be, or against an appropriate State or political subdivision officer acting in an official capacity in an appropriate United States district court for such declaratory or injunctive relief as may be necessary to effectuate the provisions of this section. (h) Relationship to Other Laws.--Nothing in this Act shall invalidate, or limit the rights, remedies, or procedures available under, or supersede, restrict, or limit the application of, the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), or any other Federal law or regulation related to voting or the electoral process. SEC. 5. BILINGUAL ELECTION REQUIREMENTS. Section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) is amended-- (1) in subsection (b)(3)(C), by striking ``1990'' and inserting ``2010''; and (2) in subsection (c), by striking ``or in the case of Alaskan natives and American Indians, if the predominant language is historically unwritten'' and inserting ``(as of the date on which the materials or information is provided)''. SEC. 6. FEDERAL OBSERVERS TO PROTECT TRIBAL VOTING RIGHTS. Section 8(a) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)) is amended-- (1) in paragraph (1), by striking ``or'' after the semicolon; (2) in paragraph (2), by adding ``or'' after the semicolon; and (3) by inserting after paragraph (2) the following: ``(3) the Attorney General has received a written complaint from an Indian Tribe that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), are likely to occur;''. SEC. 7. ELECTION OBSERVER TRANSPARENCY. The Attorney General shall make publicly available the reports of Federal election observers appointed pursuant to section (8)(a)(3) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)(3)), as added by section 6, not later than 6 months after the date that such reports are submitted to the Attorney General. SEC. 8. TRIBAL VOTING CONSULTATION. The Attorney General shall, to the extent practicable, consult annually with Indian tribes regarding issues related to voting for members of an Indian tribe. SEC. 9. ATTORNEYS' FEES, EXPERT FEES, LITIGATION EXPENSES. In any civil action under this Act, the court, in its discretion, may award reasonable attorneys' fees, reasonable expert fees, and other reasonable litigation expenses as part of the costs to the prevailing party, other than the United States.

Native American Voting Rights Act of 2015 This bill prohibits states and local governments from: eliminating the only polling place or voter registration site on an Indian reservation; moving or consolidating a polling place or voter registration site located on an Indian reservation to a location one mile or further from the existing one; moving or consolidating a polling place on an Indian reservation to a location across a natural boundary if that makes travel difficult for a voter, regardless of distance; eliminating in-person voting on an Indian reservation by designating an Indian reservation as a permanent absentee voting location, unless the entire state is or becomes a permanent absentee voting state or the Indian tribe requests such a designation; removing an early voting location or otherwise diminishing early voting opportunities on an Indian reservation; or decreasing the number of days or hours that an in-person or early voting location is open on an Indian reservation or changing the dates of in-person or early voting on an Indian reservation. Requirements for exceptions to such prohibitions are prescribed. Each of the states whose territory contains all or part of an Indian reservation shall designate, for each Indian tribe of each Indian reservation, an officer within that state responsible for compliance with this Act. Any state whose territory contains all or part of an Indian reservation shall provide one or more polling places for each Indian tribe satisfying certain obligations. In states that provide for early voting a state or local election official shall provide upon request at least one early voting location on an Indian reservation. The Voting Rights Act of 1965 is amended to require the Office of Personnel Management to assign an appropriate number of observers whenever the Attorney General receives a written complaint from an Indian tribe that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of specified guarantees, are likely to occur.

Native American Voting Rights Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conrad State 30 Improvement Act''. SEC. 2. ELIMINATION OF SUNSET PROVISION OF CONRAD STATE 30 PROGRAM. Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking ``and before September 30, 2012''. SEC. 3. RETAINING PHYSICIANS IN MEDICALLY UNDERSERVED COMMUNITIES. Section 203(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``(A) through (C):'' and inserting a colon; and (2) by adding at the end the following: ``(D) Certain physicians who have served in medically underserved communities under section 214(l).-- ``(i) Physicians described.--An alien is described in this subparagraph if the alien has completed service requirements of a waiver or exemption requested under section 214(l), plus an additional 2 years at the location identified in the section 214(l) waiver or exemption or in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, including alien physicians who completed such service before the date of enactment of the Conrad State 30 Improvement Act. ``(ii) Construction.--Nothing in this subparagraph may be construed-- ``(I) to prevent the filing of a petition with the Secretary of Homeland Security for classification under section 204(a) or the filing of an application for adjustment of status under section 245 by an alien physician described in this subparagraph prior to the date by which such alien physician has completed the service described in section 214(l) or worked full-time as a physician for an aggregate of 5 years at the location identified in the section 214(l) waiver or exemption or in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals; or ``(II) to permit the Secretary of Homeland Security to grant such a petition or application until the alien has satisfied all the requirements of the waiver or exemption received under section 214(l).''. SEC. 4. INCENTIVES FOR PHYSICIANS TO PRACTICE IN MEDICALLY UNDERSERVED COMMUNITIES. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended, by adding at the end the following: ``(12) An alien physician described in section 212(j)(2)(B) who entered or is seeking to enter the United States as a nonimmigrant described in section 101(a)(15)(H)(i)(b) to pursue graduate medical education or training shall not be subject to the limitations described in paragraph (1) or (4), provided that the period of authorized admission of such alien as an H-1B nonimmigrant may not extend beyond the 6-year period beginning on the date on which the alien receives the exemption described in subparagraph (A), other than extensions authorized by section 104 or 106 of the American Competitiveness in the Twenty-First Century Act of 2000 (Public Law 106-313; 114 Stat. 1251) or an amendment made by such section, if an interested State agency submits a request for an exemption under section 214(l)(1)(B), but not 1 of the 10 waivers or exemptions described in subsection (l)(1)(D)(ii).''. SEC. 5. RESTRICTIONS ON WAIVERS AND PHYSICIAN PROTECTIONS. (a) In General.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(1)) is amended-- (1) by amending the matter preceding subparagraph (A) to read as follows: ``(1) In the case of a request by an interested State agency, or by an interested Federal agency, for a waiver by the Secretary of Homeland Security of the 2-year foreign residence requirement under section 212(e) on behalf of an alien described in clause (iii) of such section or in the case of a request to the Secretary of State for certification of an exemption from the limitation described in paragraphs (1) and (4) of subsection (g) on behalf of an alien described in paragraph (12) of such subsection, the Secretary of Homeland Security and the Secretary of State shall not grant such waiver or exemption certification unless--''; (2) in subparagraph (A), by striking ``United States Information Agency'' and inserting ``Secretary of State''; (3) in subparagraph (B), by striking ``would not cause the number of waivers allotted for that State for that fiscal year to exceed 30;'' and inserting ``or exemption would not cause the total number of waivers plus the total number of exemptions allotted for that State for that fiscal year to exceed 30, unless such allotment is increased pursuant to paragraph (4);''; (4) in subparagraph (C), by striking clauses (i) and (ii) and inserting the following: ``(i) the alien demonstrates a bona fide offer of full-time employment, at a health care organization, which employment has been determined by the Secretary of Homeland Security to be in the public interest; ``(ii) the alien agrees to begin employment with the health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals by the later of the date that is 90 days after receiving such waiver or exemption, 90 days after completing graduate medical education or training under a program approved pursuant to section 212(j)(1), or 90 days after receiving nonimmigrant status or employment authorization, and agrees to continue to work for a total of not less than 3 years in any status authorized for such employment under this subsection unless-- ``(I) the Secretary determines that extenuating circumstances exist that justify a lesser period of employment at such facility or organization, in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization, for the remainder of such 3-year period; ``(II) the interested State agency that requested the waiver or exemption attests that extenuating circumstances exist that justify a lesser period of employment at such facility or organization in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization so designated by the Secretary of Health and Human services, for the remainder of such 3-year period; or ``(III) if the alien elects not to pursue a determination of extenuating circumstances pursuant to subclause (I) or (II), the alien terminates the alien's employment relationship with such facility or organization, in which case the alien shall be employed for the remainder of such 3-year period, and 1 additional year for each termination, at another health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals;''; and (5) in subparagraph (D)-- (A) in clause (ii), by striking ``would not cause the number of the waivers'' and inserting ``or exemption would not cause the total number of waivers and exemptions''; and (B) in clause (iii), by inserting ``or exemption'' after ``waiver''. (b) Change of Status.--Section 214(l)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is amended-- (1) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (2) by inserting ``described in section 212(e)(iii)'' after ``status of an alien''. SEC. 6. ALLOTMENT OF WAIVERS AND EXTENSIONS; LIMITATION OF WAIVERS OF PERIOD OF AUTHORIZED ADMISSION; OTHER PHYSICIAN PROTECTIONS. Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)) is amended by adding at the end the following: ``(4)(A)(i) All States shall be allotted a total of 35 waivers and exemptions under paragraph (1)(B) for a fiscal year if, during the previous fiscal year, the total number of waivers and exemptions awarded to all the States is at least 90 percent of the total number of the waivers and exemptions available to the States that received 5 or more such waivers or exemptions. ``(ii) When an allocation has occurred under clause (i), all States shall be allotted an additional 5 waivers and exemptions under paragraph (1)(B) for each subsequent fiscal year if, during the previous fiscal year, the total number of waivers and exemptions awarded to all the States is at least 90 percent of the total number of the waivers and exemptions available to the States that received 5 or more such waivers or exemptions. ``(B) Any increase in allotments under subparagraph (A) shall be maintained indefinitely, unless in a fiscal year, the total number of such waivers and exemptions granted is 5 percent lower than in the last year in which there was an increase in the number of waivers and exemptions allotted pursuant to this paragraph, in which case-- ``(i) the number of waivers and exemptions allotted shall be decreased by 5 for all States beginning in the next fiscal year; and ``(ii) each additional 5 percent decrease in such waivers and exemptions granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers and exemptions allotted for all States, provided that the number of waivers and exemptions allotted for all States shall not drop below 30. ``(5) An alien granted a waiver or exemption under paragraph (1)(C) shall enter into an employment agreement with the contracting health facility or health care organization that-- ``(A) specifies the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time; ``(B) specifies whether the contracting facility or organization will pay for the alien's malpractice insurance premiums, including whether the employer will provide malpractice insurance and, if so, the amount of such insurance that will be provided; ``(C) describes all of the work locations that the alien will work and a statement that the contracting facility or organization will not add additional work locations without the approval of the Federal agency or State agency that requested the waiver or exemption; and ``(D) does not include a non-compete provision. ``(6) An alien granted a waiver or exemption under paragraph (1)(C) whose employment relationship with a health facility or health care organization terminates during the 3-year service period required by such paragraph-- ``(A) shall have a period of 120 days beginning on the date of such termination of employment to submit to the Secretary of Homeland Security applications or petitions to commence employment with another contracting health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and ``(B) shall be considered to be maintaining lawful status in an authorized stay during the 120-day period referred to in subsection (A). ``(7) Notwithstanding paragraph (1)-- ``(A) an alien that terminates the alien's employment relationship with a health facility or health care organization, except under paragraph (1)(C)(ii)(III), shall not be eligible for an exemption from the limitations described in paragraphs (1) and (4) of subsection (g); and ``(B) if such an alien was previously granted such exemption, the Secretary of Homeland Security shall rescind such exemption.''.

Conrad State 30 Improvement Act - Amends the Immigration and Nationality Technical Corrections Act of 1994 to make the J-1 visa waiver (Conrad state 30/medical services in underserved areas) program permanent. Includes in the priority worker preference allocation for employment-based immigrants alien physicians who have completed service requirements of a state waiver or exemption, plus an additional two years at the waiver-identified location or in a health care shortage area (including alien physicians who completed such service prior to enactment of this Act). Exempts H-1B nonimmigrant aliens seeking to enter the United States to pursue graduate medical education or training from specified entry limitations (including permitting extension of the six-year authorized period of admission under specified circumstances). Increases the number of alien physicians that a state may be allocated from 30 to 35 per fiscal year under specified circumstances. Permits an alien physician, after fulfilling a three-year service period with a health care employer, to apply for employment with a new health care employer in a health care shortage area.

A bill to provide incentives to physicians to practice in rural and medically underserved communities and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Responsibility, Accountability, and Consistency Act of 2009''. SEC. 2. EXPANSION OF INFORMATION REPORTING REQUIREMENTS. (a) In General.--Section 6041 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsections: ``(h) Application to Corporations.--Notwithstanding any regulation prescribed by the Secretary before the date of the enactment of this subsection, for purposes of this section the term `person' includes any corporation that is not an organization exempt from tax under section 501(a). ``(i) Regulations.--The Secretary may prescribe such regulations and other guidance as may be appropriate or necessary to carry out the purposes of this section, including rules to prevent duplicative reporting of transactions.''. (b) Payments for Property and Other Gross Proceeds.--Subsection (a) of section 6041 of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``amounts in consideration for property,'' after ``wages,'', (2) by inserting ``gross proceeds,'' after ``emoluments, or other'', and (3) by inserting ``gross proceeds,'' after ``setting forth the amount of such''. (c) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 2011. SEC. 3. DETERMINATION OF ELIGIBILITY FOR SAFE HARBOR TREATMENT OF INDIVIDUALS AS NON-EMPLOYEES FOR PURPOSES OF EMPLOYMENT TAXES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by adding at the end the following new section: ``SEC. 3511. SAFE HARBOR. ``(a) Termination of Certain Employment Tax Liability.-- ``(1) In general.--If-- ``(A) for purposes of employment taxes, the taxpayer did not treat an individual as an employee for any period, and ``(B) in the case of periods after December 31, 1978, all Federal tax returns (including information returns) required to be filed by the taxpayer with respect to such individual for such period are filed on a basis consistent with the taxpayer's treatment of such individual as not being an employee, then, for purposes of applying such taxes for such period with respect to the taxpayer, the individual shall be deemed not to be an employee unless the taxpayer had no reasonable basis for not treating such individual as an employee. This paragraph shall not apply with respect to an individual for any periods beginning after the date of notice of a determination that such individual should be treated as an employee of the taxpayer. ``(2) Statutory standards for satisfying the requirements of paragraph (1).--For purposes of paragraph (1), a taxpayer shall be treated as having a reasonable basis for not treating an individual as an employee only if-- ``(A) the taxpayer's treatment of such individual was in reasonable reliance on-- ``(i) a written determination issued to the taxpayer addressing the employment status of such individual or another individual holding a substantially similar position with the taxpayer, or ``(ii) a concluded examination (for employment tax purposes) of whether such individual (or another individual holding a substantially similar position) should be treated as an employee of the taxpayer, with respect to which there was no determination that such individual (or another individual holding a substantially similar position) should be treated as an employee, and ``(B) the taxpayer (or a predecessor) has not treated any other individual holding a substantially similar position as an employee for purposes of employment taxes for any period beginning after December 31, 1977. ``(b) Definitions.--For purposes of this section-- ``(1) Employment tax.--The term `employment tax' means any tax imposed by this subtitle. ``(2) Employment status.--The term `employment status' means the status of an individual, under the usual common law rules applicable in determining the employer-employee relationship, as an employee or as an independent contractor (or other individual who is not an employee). ``(c) Special Rules for Application of Section.-- ``(1) Notice of availability of section.--An officer or employee of the Internal Revenue Service shall, before or at the commencement of any examination relating to the employment status of one or more individuals who perform services for the taxpayer, provide the taxpayer with a written notice of the provisions of this section. ``(2) Rules relating to statutory standards.--For purposes of subsection (a)(2), with respect to any period beginning after the date of the enactment of this paragraph, a taxpayer may not rely on an examination commenced, or a written determination issued, if-- ``(A) the controlling facts and circumstances that formed the basis of a determination of employment status have changed or were misrepresented by the taxpayer, or ``(B) the Secretary subsequently issues contrary guidance relating to the determination of employment status that has bearing on the facts and circumstances that formed the basis of a determination of employment status. ``(3) Substantially similar position.--For purposes of this section, the determination as to whether an individual holds a position substantially similar to a position held by another individual shall be made by the Secretary in a manner consistent with the Fair Labor Standards Act of 1938. ``(d) Burden of Proof.--A taxpayer must establish entitlement to relief under this section by a preponderance of the evidence. ``(e) Petitions for Review of Status.-- ``(1) In general.--Under procedures established by the Secretary not later than 1 year after the date of the enactment of this section, any individual who performs services for a taxpayer may petition (either personally or through a designated representative or attorney) for a determination of the individual's status for employment tax purposes. ``(2) Administrative procedures.--The procedures established under paragraph (1) shall provide for-- ``(A) a determination of status not later than 90 days after the filing of the petition with respect to employment in any industry (such as the construction industry) in which employment is transient, casual, or seasonal, and ``(B) an administrative appeal of any determination that an individual is not an employee of the taxpayer. ``(3) Duty to seek service provider information.--In the case of a request by a taxpayer for a determination of an individual's status for employment tax purposes, the Secretary shall, to the extent practicable-- ``(A) seek to obtain from such individual information relating to the individual's performance of services for the taxpayer, and ``(B) provide written notice to the individual detailing any written determination of the individual's status for employment tax purposes. ``(f) Results of Misclassification Determinations.--In any case in which the Secretary determines that a taxpayer has misclassified an individual as not an employee for employment tax purposes, the Secretary shall inform the Secretary of Labor about such misclassification and notify the individual of any eligibility for the refund of self-employment taxes under chapter 2. ``(g) Regulations.--The Secretary shall, not later than 1 year after the date of the enactment of this section, prescribe such regulations as may be necessary and appropriate to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 7436(a) of such Code is amendment by striking ``section 530 of the Revenue Act of 1978'' and inserting ``section 3511''. (2) The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Safe harbor.''. (c) Termination of Section 530 of the Revenue Act of 1978.--Section 530 of the Revenue Act of 1978 shall not apply to services rendered more than 1 year after the date of the enactment of this Act. (d) Effective Date.--The amendments made by this section shall apply to services rendered more than 1 year after the date of the enactment of this Act. SEC. 4. ANNUAL REPORTS ON WORKER MISCLASSIFICATION. The Secretary of the Treasury shall issue an annual report on worker misclassification. Such report shall include the following: (1) Information on the number and type of enforcement actions against, and examinations of, employers who have misclassified workers. (2) Relief obtained as a result of such actions against, and examinations of, employers who have misclassified workers. (3) An overall estimate of the number of employers misclassifying workers, the number of workers affected, and the industries involved. (4) The impact of such misclassification on the Federal tax system. (5) Information on the outcomes of the petitions filed under section 3511(e) of the Internal Revenue Code of 1986. SEC. 5. INCREASE IN INFORMATION RETURN PENALTIES. (a) Failure To File Correct Information Returns.-- (1) In general.--Section 6721(a)(1) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$50'' and inserting ``$250'', and (B) by striking ``$250,000'' and inserting ``$3,000,000''. (2) Reduction where correction in specified period.-- (A) Correction within 30 days.--Section 6721(b)(1) of such Code is amended-- (i) by striking ``$15'' and inserting ``$50'', (ii) by striking ``$50'' and inserting ``$250'', and (iii) by striking ``$75,000'' and inserting ``$500,000''. (B) Failures corrected on or before august 1.-- Section 6721(b)(2) of such Code is amended-- (i) by striking ``$30'' and inserting ``$100'', (ii) by striking ``$50'' and inserting ``$250'', and (iii) by striking ``$150,000'' and inserting ``$1,500,000''. (3) Lower limitation for persons with gross receipts of not more than $5,000,000.--Section 6721(d)(1) of such Code is amended-- (A) in subparagraph (A)-- (i) by striking ``$100,000'' and inserting ``$1,000,000'', and (ii) by striking ``$250,000'' and inserting ``$3,000,000'', (B) in subparagraph (B)-- (i) by striking ``$25,000'' and inserting ``$175,000'', and (ii) by striking ``$75,000'' and inserting ``$500,000'', and (C) in subparagraph (C)-- (i) by striking ``$50,000'' and inserting ``$500,000'', and (ii) by striking ``$150,000'' and inserting ``$1,500,000''. (4) Penalty in case of intentional disregard.--Section 6721(e) of such Code is amended-- (A) by striking ``$100'' in paragraph (2) and inserting ``$500'', and (B) by striking ``$250,000'' in paragraph (3)(A) and inserting ``$3,000,000''. (b) Failure To Furnish Correct Payee Statements.-- (1) In general.--Section 6722(a) of such Code is amended-- (A) by striking ``$50'' and inserting ``$250'', and (B) by striking ``$100,000'' and inserting ``$1,000,000''. (2) Penalty in case of intentional disregard.--Section 6722(c) of such Code is amended-- (A) by striking ``$100'' in paragraph (1) and inserting ``$500'', and (B) by striking ``$100,000'' in paragraph (2)(A) and inserting ``$1,000,000''. (c) Failure To Comply With Other Information Reporting Requirements.--Section 6723 of such Code is amended-- (1) by striking ``$50'' and inserting ``$250'', and (2) by striking ``$100,000'' and inserting ``$1,000,000''. (d) Effective Date.--The amendments made by this section shall apply with respect to information returns required to be filed after December 31, 2009.

Taxpayer Responsibility, Accountability and Consistency Act of 2009 - Amends the Internal Revenue Code to: (1) require reporting to the Internal Revenue Service (IRS) of payments (including payments of amounts in consideration for property or of gross proceeds) of $600 or more made by or to corporations (other than tax-exempt organizations); (2) set forth safe harbor criteria and rules relating to the treatment of workers as employees or independent contractors; and (3) increase penalties for failure to file correct tax return information or comply with other information reporting requirements. Requires the Secretary of the Treasury to issue an annual report on worker misclassification.

A bill to amend the Internal Revenue Code of 1986 to modify the rules relating to the treatment of individuals as independent contractors or employees, and for other purposes.

.--If, before the end of the 20-day period beginning on the date on which Congress receives the final report required under section 5(b), Congress adopts a joint resolution expressing disapproval of the recommendations made by the Commission in the report, the President shall not suspend any regulation under section 6 pursuant the recommendations contained in the report. (b) Terms of the Resolution.--For purposes of this section, the term ``joint resolution'' means only a joint resolution which is introduced within the 20-day period beginning on the date on which the Commission transmits the final report to the Congress under section 5(b), and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That Congress disapproves the recommendations of the Gulf Deregulation Commission as submitted by the President on __________'', the blank space being filled in with the appropriate date; and (3) the title of which is as follows: ``Joint resolution disapproving the recommendations of the Gulf Deregulation Commission.''. (c) Referral.--A resolution described in subsection (b) that is introduced in the House of Representatives shall be referred to the Committee on Government Reform of the House of Representatives. A resolution described in subsection (b) introduced in the Senate shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate. (d) Discharge.--If the committee to which a resolution described in subsection (b) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the Commission transmits the final report to the Congress under section 5(b), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (e) Consideration.-- (1) Motion to consider.-- (A) In general.--On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (d)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. (B) Waiver of points of order.--All points of order against the resolution (and against consideration of the resolution) are waived. (C) Privilege.--The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. (D) Not subject to certain motions.--The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. (E) Motion to reconsider.--A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. (F) Motion to proceed to consideration.--If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Final passage.--Immediately following the conclusion of the debate on a resolution described in subsection (b) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from decisions of the chair.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (b) shall be decided without debate. (f) Consideration by Other House.-- (1) Applicable procedures.--If, before the passage by one House of a resolution of that House described in subsection (b), that House receives from the other House a resolution described in subsection (b), then the following procedures shall apply: (A) Referral and consideration.--The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) Other procedures.--With respect to a resolution described in subsection (b) of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Disposition.--Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (g) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (b), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 8. REINSTATEMENT OF REGULATIONS. (a) Reinstatement.--A regulation suspended pursuant to section 6 may be reinstated by the head of the department or agency responsible for administering the regulation pursuant to a determination that the benefits of reinstating such regulation outweigh the costs. Such determination shall be subject to direction from or reversal by the President. (b) Administrative Procedure.--The reinstatement of a regulation under this subsection shall be made in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code and with any other relevant provision of law, including any Executive Order, that applies to the issuance of regulations.

Gulf Deregulation Act - Establishes the Gulf Deregulation Commission to: (1) identify federal, state, and local regulations that have the effect of impeding recovery and relief efforts in Hurrican Katrina or Hurricane Rita disaster areas; and (2) recommend the temporary suspension of a federal regulation, or part of one, for a maximum 18-month period if it impedes the reconstruction and recovery of any hurricane disaster area and imposes a restriction or mandate on public-sector, private-sector, or nonprofit activity. Requires the President to suspend any federal regulation, as recommended by the Commission, unless Congress disapproves of such suspension. Sets forth congressional procedures for consideration of a joint resolution disapproving the Commission's recommendations. Allows reinstatement of a suspended regulation by its administering department or agency pursuant to a determination that the benefits of the reinstatement outweigh the costs. Subjects such determination to direction from or reversal by the President.

To establish the Gulf Deregulation Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act'' or the ``DAIRY PRIDE Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Dairy products are an important part of a healthy diet for both children and adults, according to the 2015-2020 Dietary Guidelines for Americans (referred to in this section as the ``Dietary Guidelines'') published by the Department of Health and Human Services and the Department of Agriculture. The Dietary Guidelines state that most Americans are not meeting recommended intake for the dairy food group. Consumption of dairy foods provides numerous health benefits, including lowering the risk of diabetes, metabolic syndrome, cardiovascular disease, and obesity. (2) The Dietary Guidelines state that dairy foods are excellent sources of critical nutrients for human health, including vitamin D, calcium, and potassium, all of which are under consumed by people of the United States. When consumed in the amounts recommended by the Food Patterns of the Department of Agriculture, on average across the calorie levels, dairy foods contribute about 67 percent of calcium, 64 percent of vitamin D, and 17 percent of magnesium. (3) About 30 percent of adolescent boys meet or exceed the recommended 3-cup equivalents per day, but less than 10 percent of adolescent females meet or exceed this recommendation. An age-related decline in dairy intake appears to begin in adolescence and intakes persist at very low levels among adult females across the age distribution. Less than 5 percent of adult females consume the recommended 3-cup equivalents per day. Overall, more than 80 percent of the entire population of the United States does not meet the daily dairy intake recommendation. (4) The Dietary Guidelines state that vitamin D and potassium amounts vary across plant-based milk alternatives. The amount of calcium per calorie is lower for most plant-based alternative milk products. To obtain the amount of calcium contained in one cup of non-fat fluid milk from a plant-based milk alternative, the portion size and calorie intake must be greater. (5) Imitation dairy products, such as plant-based products derived from rice, nuts, soybeans, hemp, coconut, algae, and other foods that imitate milk, yogurt, and cheese, often do not provide the same nutrition content as real milk, cheese, and yogurt derived from dairy cows. (6) Plant-based products labeled as milk are misleading to consumers. (7) The Food and Drug Administration has regulations that define milk and cream as the ``lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows'' (section 131.110 of title 21, Code of Federal Regulations). This definition further applies to milk used to create other dairy products, including yogurt and cheese, as specified in sections 131 and 133 of title 21, Code of Federal Regulations. (8) Given the proliferation of plant-based products in the marketplace that are mislabeled as milk despite the standard of identity defined for this substance, enforcement by the Food and Drug Administration against these practices should be improved to avoid misleading consumers. SEC. 3. PURPOSE. No food may be introduced or delivered for introduction into interstate commerce using a market name for a dairy product if the food does not meet the criterion set forth for dairy products under paragraph (z)(2) of section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) (as added by section 4(a)). SEC. 4. ENFORCEMENT OF DEFINITION. (a) In General.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z)(1) If it uses a market name for a dairy product described in subparagraph (3) and the food does not meet the criterion for being a dairy product, as described in subparagraph (2). ``(2) For purposes of this paragraph, a food is a dairy product only if the food is, contains as a primary ingredient, or is derived from, the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more hooved mammals. ``(3) A market name for a dairy product described in this subparagraph means the dairy product terms described in parts 131 and 133 of subchapter B of chapter I of title 21, Code of Federal Regulations, and sections 135.110, 135.115, and 135.140 of title 21, Code of Federal Regulations (or any successor regulations), or any other term for which the Secretary has promulgated a standard of identity with respect to a food that is formulated with a dairy product (as described in subparagraph (2)) as the primary ingredient.''. (b) Guidance.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall-- (1) not later than 90 days after the date of enactment of this Act, issue draft guidance on how enforcement of the amendment made by subsection (a) will be carried out; and (2) not later than 180 days after the date of enactment of this Act, issue final guidance on such enforcement. (c) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall report to Congress on enforcement actions taken under paragraph (z) of section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as amended by this Act, including warnings issued pursuant to such paragraph and penalties assessed under section 303 of such Act (21 U.S.C. 333) with respect to such paragraph. If food that is misbranded under section 403(z) is offered for sale in interstate commerce at the time of such report, the Commissioner of Food and Drugs shall include in such report an updated plan for enforcement with respect to such food.

Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act or the DAIRY PRIDE Act This bill amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale of any food that uses the market name of a dairy product, is not the milk of a hooved animal, is not derived from such milk, and does not contain such milk as a primary ingredient.

Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Ensure Long-Term Protection for Coal Miners Health Care Act of 2017'' or the ``HELP for Coal Miners Health Care Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Over the 8 years preceding the date of the introduction of this Act, the coal industry and the communities supported by that industry have struggled, in large part due to overregulation. (2) Excessive regulation has, in large part, made coal more expensive to mine and use and has put it at an unfair disadvantage in the marketplace. (3) Because of these struggles-- (A) the coal mining industry has lost over 30,000 jobs since President Obama's inauguration; (B) over 600 coal mines have shuttered since President Obama's inauguration; (C) more than 25 coal mining companies have filed for bankruptcy since President Obama's inauguration; (D) Kentucky alone has lost over 10,000 coal mining jobs since President Obama's inauguration; and (E) the total number of operating coal mines has hit its lowest point on record. (4) Because of the health risks often associated with mining, robust health benefits are vital to coal miner retirees; however, coal company bankruptcies, job cuts, and closures have exhausted the ability of many coal companies to continue providing health benefits to retirees and their dependents. (5) Congress has stepped in twice before, in 1992 and in 2006, to assist retired miners and to secure their health benefits. When thousands more were at risk of losing their benefits at the end of 2016, Congress intervened again to provide a 4-month extension in health benefits for orphaned retired miners and their dependents. (6) While this extension helped prevent the loss of health benefits for thousands of miners, it did not provide a long- term solution. (7) It is necessary to provide a permanent extension of health care benefits for the orphaned retirees who are at risk of losing their retirement health benefits at the end of April 2017. SEC. 3. INCLUSION OF CERTAIN RETIREES IN THE MULTIEMPLOYER HEALTH BENEFIT PLAN. (a) In General.--Section 402(h)(2)(C) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)), as amended by the Further Continuing and Security Assistance Appropriations Act, 2017, is amended-- (1) by striking clauses (ii), (iii), and (iv); and (2) by inserting after clause (i) the following: ``(ii) Calculation of excess.--The excess determined under clause (i) shall be calculated by taking into account only-- ``(I) those beneficiaries actually enrolled in the Plan as of the date of the enactment of the HELP for Coal Miners Health Care Act of 2017 who are eligible to receive health benefits under the Plan on the first day of the calendar year for which the transfer is made, other than those beneficiaries enrolled in the Plan under the terms of a participation agreement with the current or former employer of such beneficiaries; and ``(II) those beneficiaries whose health benefits, defined as those benefits payable, following death or retirement or upon a finding of disability, directly by an employer in the bituminous coal industry under a coal wage agreement (as defined in section 9701(b)(1) of the Internal Revenue Code of 1986), would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012 or 2015. For purposes of subclause (I), a beneficiary enrolled in the Plan as of the date of the enactment of the HELP for Coal Miners Health Care Act of 2017 shall be deemed to have been eligible to receive health benefits under the Plan on January 1, 2017. ``(iii) Eligibility of certain retirees.-- Individuals referred to in clause (ii)(II) shall be treated as eligible to receive health benefits under the Plan. ``(iv) Requirements for transfer.--The amount of the transfer otherwise determined under this subparagraph for a fiscal year shall be reduced by any amount transferred for the fiscal year to the Plan, to pay benefits required under the Plan, from a voluntary employees' beneficiary association established as a result of a bankruptcy proceeding described in clause (ii).''. (b) Effective Date.--The amendments made by this section shall apply to fiscal years beginning after September 30, 2016. (c) GAO Audit.--Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter, the Comptroller General of the United States shall conduct a study of the Multiemployer Health Benefit Plan described in section 402(h)(2)(C)(i) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)(i)) and shall submit to the appropriate committees of Congress a report analyzing whether Federal funds are being spent appropriately by such Plan. SEC. 4. CLARIFICATION OF FINANCING OBLIGATIONS. (a) In General.--Subsection (a) of section 9704 of the Internal Revenue Code of 1986 is amended-- (1) by striking paragraph (3), (2) by striking ``three premiums'' and inserting ``two premiums'', and (3) by striking ``, plus'' at the end of paragraph (2) and inserting a period. (b) Conforming Amendments.-- (1) Section 9704 of the Internal Revenue Code of 1986 is amended-- (A) by striking subsection (d), and (B) by redesignating subsections (e) through (j) as subsections (d) through (i), respectively. (2) Subsection (d) of section 9704 of such Code, as so redesignated, is amended-- (A) by striking ``3 separate accounts for each of the premiums described in subsections (b), (c), and (d)'' in paragraph (1) and inserting ``2 separate accounts for each of the premiums described in subsections (b) and (c)'', and (B) by striking ``or the unassigned beneficiaries premium account'' in paragraph (3)(B). (3) Subclause (I) of section 9703(b)(2)(C)(ii) of such Code is amended by striking ``9704(e)(3)(B)(i)'' and inserting ``9704(d)(3)(B)(i)''. (4) Paragraph (3) of section 9705(a) of such Code is amended-- (A) by striking ``the unassigned beneficiary premium under section 9704(a)(3) and'' in subparagraph (B), and (B) by striking ``9704(i)(1)(B)'' and inserting ``9704(h)(1)(B)''. (5) Paragraph (2) of section 9711(c) of such Code is amended-- (A) by striking ``9704(j)(2)'' in subparagraph (A)(i) and inserting ``9704(i)(2)'', (B) by striking ``9704(j)(2)(B)'' in subparagraph (B) and inserting ``9704(i)(2)(B)'', and (C) by striking ``9704(j)'' and inserting ``9704(i)''. (6) Paragraph (4) of section 9712(d) of such Code is amended by striking ``9704(j)'' and inserting ``9704(i)''. (c) Elimination of Additional Backstop Premium.-- (1) In general.--Paragraph (1) of section 9712(d) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C). (2) Conforming amendment.--Paragraph (2) of section 9712(d) of such Code is amended-- (A) by striking subparagraph (B), (B) by striking ``, and'' at the end of subparagraph (A) and inserting a period, and (C) by striking ``shall provide for--'' and all that follows through ``annual adjustments'' and inserting ``shall provide for annual adjustments''. (d) Effective Date.--The amendments made by this section shall apply to plan years beginning after September 30, 2016. SEC. 5. SENSE OF THE SENATE. It is the sense of the Senate that Congress should work with the administration to-- (1) repeal onerous regulations that have contributed to the downfall of the coal industry; and (2) support economic growth in Appalachia and other coal communities by promoting growth-oriented economic development efforts.

Helping Ensure Long-Term Protection for Coal Miners Health Care Act of 2017 or the HELP for Coal Miners Health Care Act of 2017 This bill amends the Surface Mining Control and Reclamation Act of 1977 (SMCRA) to transfer certain funds to the Multiemployer Health Benefit Plan to provide health benefits to retired coal miners and their families. The bill expands the group whose retiree health benefits are taken into account in determining the amount that the Department of the Treasury must transfer from the Abandoned Mine Reclamation Fund and the General Fund of the Treasury to the Multiemployer Health Benefit Plan. The Government Accountability Office must study the Multiemployer Health Benefit Plan and submit to Congress reports analyzing whether federal funds are being spent appropriately by the plan. The bill amends the Internal Revenue Code to repeal requirements for current and former signatories to labor agreements with the United Mineworkers of America to pay unassigned beneficiaries premiums or backstop premiums if transfers under SMCRA are less than the amount required to be transferred.

Helping Ensure Long-Term Protection for Coal Miners Health Care Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safer Oil and Gas Production Research and Development Act of 2010''. SEC. 2. PROGRAM AUTHORITY. Section 999A of the Energy Policy Act of 2005 (42 U.S.C. 16371) is amended-- (1) in subsection (a)-- (A) by striking ``ultra-deepwater'' and inserting ``deepwater''; and (B) by inserting ``well control and accident prevention,'' after ``safe operations,''; (2) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) Deepwater architecture, well control and accident prevention, and deepwater technology, including drilling to deep formations in waters greater than 500 feet.''; and (B) by striking paragraph (4) and inserting the following: ``(4) Safety and environmental technology research and development for drilling activities aimed at well control and accident prevention performed by the Department.''; and (3) in subsection (d)-- (A) in the subsection heading, by striking ``National Energy Technology Laboratory'' and inserting ``Department''; and (B) by striking ``, through the National Energy Technology Laboratory,''. SEC. 3. SAFE OIL AND GAS PRODUCTION ACCIDENT PREVENTION RESEARCH AND DEVELOPMENT PROGRAM. Section 999B of the Energy Policy Act of 2005 (42 U.S.C. 16372) is amended-- (1) in the section heading, by striking ``ultra-deepwater and unconventional onshore natural gas and other petroleum'' and inserting ``safe oil and gas production and accident prevention''; (2) in subsection (a), by striking ``to maximize'' and all that follows through the period at the end and inserting ``to ensure the safe and environmentally responsible production of natural gas and other petroleum resources of the United States.''; (3) in subsection (c)(1)-- (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: ``(D) select projects on a competitive, peer- reviewed basis.''; and (4) in subsection (d)-- (A) in paragraph (6), by striking ``ultra- deepwater'' and inserting ``deepwater''; (B) by striking paragraph (7) and inserting the following: ``(7) Focus areas for awards.-- ``(A) Deepwater resources.--Awards from allocations under section 999H(d)(1) shall focus on the research, development, and demonstration of areas that include-- ``(i) individual exploration and production technologies aimed at improving operational safety and reducing environmental impacts of exploration and production activities, including drilling, well integrity systems, well control, and blowout prevention; ``(ii) nontoxic materials for use in exploration and production activities; and ``(iii) integrated systems approach based management for exploration and production in deepwater. ``(B) Unconventional resources.--Awards from allocations under section 999H(d)(2) shall focus on research, development, and demonstration of areas that include-- ``(i) advanced coalbed methane, deep drilling, natural gas production from tight sands, natural gas production from gas shales, stranded gas, innovative exploration and production techniques, and enhanced recovery techniques; ``(ii) nontoxic materials for use in exploration and production activities; ``(iii) safety and environmental mitigation in exploration and production activities; and ``(iv) accident prevention and environmental mitigation of unconventional natural gas and other petroleum resources exploration and production. ``(C) Small producers.--Awards from allocations under section 999H(d)(3) shall be made to consortia consisting of small producers or organized primarily for the benefit of small producers, and shall focus on areas that include-- ``(i) safety and accident prevention, environmental mitigation, well control and systems integrity, and complex geology involving rapid changes in the type and quality of the oil and gas reservoirs across the reservoir; ``(ii) low reservoir pressure, unconventional natural gas reservoirs in coalbeds, deep reservoirs, tight sands, or shales; and ``(iii) unconventional oil reservoirs in tar sands and oil shales. ``(D) Safety and accident prevention technology research and development.--Awards from allocations under section 999H(d)(4) shall be expended on areas that include-- ``(i) the development of improved cementing and casing technologies; ``(ii) the best management practices for cementing, casing, and other well control activities and technologies; and ``(iii) the development of integrity and stewardship guidelines for-- ``(I) well-plugging and abandonment; ``(II) development of wellbore sealant technologies; and ``(III) improvement and standardization of blowout prevention devices.''; and (C) by adding at the end the following: ``(8) Study; report.-- ``(A) Study.--As soon as practicable after the date of enactment of this paragraph, the Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a study to determine-- ``(i) whether the benefits provided through each award under this subsection during calendar year 2011 have been maximized; and ``(ii) the new areas of research that could be carried out to meet the overall objectives of the program. ``(B) Report.--Not later than January 1, 2012, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the results of the study conducted under subparagraph (A). ``(C) Optional updates.--The Secretary may update the report described in subparagraph (B) for the 5-year period beginning on the date described in that subparagraph and each 5-year period thereafter.''; (5) in subsection (e)-- (A) in paragraph (2)-- (i) in the second sentence of subparagraph (A), by inserting ``to the Secretary for review'' after ``submit''; and (ii) in the first sentence of subparagraph (B), by striking ``Ultra-Deepwater'' and all that follows through ``and such Advisory Committees'' and inserting ``Program Advisory Committee established under section 999D(a), and the Advisory Committee''; and (B) by adding at the end the following: ``(6) Research findings and recommendations for implementation.--The Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall publish in the Federal Register an annual report on the research findings of the program carried out under this section and any recommendations for implementation that the Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, determines to be necessary.''; (6) in subsection (i)-- (A) in the subsection heading, by striking ``United States Geological Survey'' and inserting ``Department of the Interior''; and (B) by striking ``, through the United States Geological Survey,''; and (7) in the first sentence of subsection (j), by striking ``National Energy Technology Laboratory, on behalf of the''. SEC. 4. ADDITIONAL REQUIREMENTS FOR AWARDS. Section 999C(b) of the Energy Policy Act of 2005 (42 U.S.C. 16373(b)) is amended by striking ``an ultra-deepwater technology or an ultra-deepwater architecture'' and inserting ``a deepwater technology''. SEC. 5. PROGRAM ADVISORY COMMITTEE. Section 999D of the Energy Policy Act of 2005 (42 U.S.C. 16374) is amended to read as follows: ``SEC. 999D. PROGRAM ADVISORY COMMITTEE. ``(a) Establishment.--Not later than 270 days after the date of enactment of the Safer Oil and Gas Production Research and Development Act of 2010, the Secretary shall establish an advisory committee to be known as the `Program Advisory Committee' (referred to in this section as the `Advisory Committee'). ``(b) Membership.-- ``(1) In general.--The Advisory Committee shall be composed of members appointed by the Secretary, including-- ``(A) individuals with extensive research experience or operational knowledge of hydrocarbon exploration and production; ``(B) individuals broadly representative of the affected interests in hydrocarbon production, including interests in environmental protection and safety operations; ``(C) representatives of Federal agencies, including the Environmental Protection Agency and the Department of the Interior; ``(D) State regulatory agency representatives; and ``(E) other individuals, as determined by the Secretary. ``(2) Limitations.-- ``(A) In general.--The Advisory Committee shall not include individuals who are board members, officers, or employees of the program consortium. ``(B) Categorical representation.--In appointing members of the Advisory Committee, the Secretary shall ensure that no class of individuals described in any of subparagraphs (A), (B), (D), or (E) of paragraph (1) comprises more than \1/3\ of the membership of the Advisory Committee. ``(c) Subcommittees.--The Advisory Committee may establish subcommittees for separate research programs carried out under this subtitle. ``(d) Duties.--The Advisory Committee shall-- ``(1) advise the Secretary on the development and implementation of programs under this subtitle; and ``(2) carry out section 999B(e)(2)(B). ``(e) Compensation.--A member of the Advisory Committee shall serve without compensation but shall be entitled to receive travel expenses in accordance with subchapter I of chapter 57 of title 5, United States Code. ``(f) Prohibition.--The Advisory Committee shall not make recommendations on funding awards to particular consortia or other entities, or for specific projects.''. SEC. 6. DEFINITIONS. Section 999G of the Energy Policy Act of 2005 (42 U.S.C. 16377) is amended-- (1) in paragraph (1), by striking ``200 but less than 1,500 meters'' and inserting ``500 feet''; (2) by striking paragraphs (8), (9), and (10); (3) by redesignating paragraphs (2) through (7) and (11) as paragraphs (4) through (9) and (10), respectively; (4) by inserting after paragraph (1) the following: ``(2) Deepwater architecture.--The term `deepwater architecture' means the integration of technologies for the exploration for, or production of, natural gas or other petroleum resources located at deepwater depths. ``(3) Deepwater technology.--The term `deepwater technology' means a discrete technology that is specially suited to address 1 or more challenges associated with the exploration for, or production of, natural gas or other petroleum resources located at deepwater depths.''; and (5) in paragraph (10) (as redesignated by paragraph (3)), by striking ``in an economically inaccessible geological formation, including resources of small producers''. SEC. 7. FUNDING. Section 999H of the Energy Policy Act of 2005 (42 U.S.C. 16378) is amended-- (1) in the first sentence of subsection (a) by striking ``Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund'' and inserting ``Safe Oil and Gas Production and Accident Prevention Research Fund''; (2) in subsection (d)-- (A) in paragraph (1), by striking ``35 percent'' and inserting ``21.5 percent''; (B) in paragraph (2), by striking ``32.5 percent'' and inserting ``21 percent''; and (C) in paragraph (4)-- (i) by striking ``25 percent'' and inserting ``50 percent''; (ii) by striking ``complementary research'' and inserting ``safety technology research and development''; and (iii) by striking ``contract management,'' and all that follows through the period at the end and inserting ``and contract management.''; and (3) in subsection (f), by striking ``Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund'' and inserting ``Safe and Responsible Energy Production Research Fund''. SEC. 8. CONFORMING AMENDMENT. Subtitle J of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.) is amended by striking the subtitle heading and inserting ``Safe Oil and Gas Production and Accident Prevention Program''.

Safer Oil and Gas Production Research and Development Act of 2010 - Amends the Energy Policy Act of 2005 to: (1) direct the Secretary of Energy to implement a deepwater (in lieu of ultra-deepwater) technologies research and development program, which includes addressing technology challenges for well control and accident prevention; and (2) implement research supportive of such activities through the Department of Energy (DOE). Revises the petroleum resources research and development program to: (1) replace ultra-deepwater activities with deepwater architecture, well control and accident prevention and deepwater technology, including drilling to deep formations in waters greater than 500 feet (currently, greater than 15,000 feet); and (2) replace complementary research performed by the National Energy Technology Laboratory with safety and environmental technology research and development for drilling activities aimed at well control and accident prevention performed by DOE. Directs the Secretary to ensure the safe and environmentally responsible production of natural gas and other petroleum resources of the United States. Revises requirements for focus areas for awards for research, development, and demonstration to include: (1) individual deepwater resources exploration and production technologies aimed at improving operational safety and reducing environmental impacts of exploration and production activities; (2) nontoxic materials for use in exploration and production activities; (3) accident prevention and environmental mitigation of unconventional natural gas and other petroleum resources exploration and production; and (4) safety and accident prevention technology research and development, with special attention to small producers. Directs the Secretary to arrange with the National Academy of Sciences to study: (1) whether the benefits provided through each award during calendar year 2011 have been maximized; and (2) new areas of research that could be implemented to meet program objectives. Replaces the Ultra-Deepwater Advisory Committee and the Unconventional Resources Technology Advisory Committee with a Program Advisory Committee. Revises the formula for allocation of amounts obligated from the Safe Oil and Gas Production and Accident Prevention Research Fund, with an increased allocation for safety technology research and development.

A bill to amend the Energy Policy Act of 2005 to promote the research and development of technologies and best practices for the safe development and extraction of natural gas and other petroleum resources, and for other purposes.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Central American Amnesty Termination Act of 2016''. SEC. 2. FINDINGS. The Congress finds the following: (1) On December 1, 2014, in the face of serious national security threats, and despite vigorous opposition from the Congress, the Obama Administration began accepting applications for a new program known as the ``Central American Minors (CAM) Refugee/Parole Program'' (the ``CAM program''). (2) Article 1, section 8, of the Constitution gives the Congress clear jurisdiction on immigration matters, and the unilateral creation of the CAM program by executive action clearly infringes on that authority. (3) Under the CAM program, the Obama Administration allows illegal aliens from 3 Central American countries to fly to the United States and be admitted into the United States. (4) In a December 17, 2015, letter to multiple Members of the Congress, U.S. Citizenship and Immigration Services Director Leon Rodriquez acknowledged that the agency does not systematically track whether CAM program applicants previously have been removed from the United States or had prior felony convictions. (5) The December 2015 letter also revealed that certain CAM program beneficiaries are immediately eligible to work and obtain legal status in the United States. (6) Under the CAM program, certain beneficiaries are eligible ultimately to obtain permanent residence and are immediately eligible for certain taxpayer-funded Federal benefits. (7) Under the CAM program, certain beneficiaries are able to pursue citizenship in the United States after 5 years of permanent residence. (8) The CAM program provides cash, loans for flights to North America, reimbursements for DNA testing, and medical assistance. (9) The CAM program also waives certain fees for participating beneficiaries, which fees are required to be paid by potential legal immigrants who wish to enter this country in accordance with our laws. (10) The Department of State reported in April 2016, that 8,001 aliens from 3 Central American countries have applied to be admitted to the United States under the CAM program, and that 197 parents and children already have been admitted under the program. (11) The December 2015 letter also stated that at least 16 parents who completed an Affidavit of Relationship under the CAM program were Deferred Action for Childhood Arrivals (DACA) recipients, and indicated that the program plans eventually to accept applications from the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program. (12) DACA and DAPA were both created by the Obama Administration through unconstitutional executive action. An injunction to stop the creation of DAPA and the expansion of DACA was upheld by the Fifth Circuit Court of Appeals. (13) The Associated Press recently obtained information through a Freedom of Information Act request that revealed that, of the 71,000 unaccompanied alien minors placed with sponsors in the United States from February 2014 to September 2015, most of whom were from Central America, 80 percent were placed with illegal immigrants living in the United States. (14) U.S. Customs and Border Protection reports that 141,192 unaccompanied alien minors from Central American countries were apprehended by the United States Border Patrol from October 1, 2008, through February 29, 2016. (15) Total U.S. Customs and Border apprehension on the southwest border increased 28 percent in March 2016 compared to the previous year, with 33,335 total Border Patrol apprehensions, 4,201 of which were unaccompanied alien minors, and 4,448 of which were members of family units traveling together. (16) In an April 2015 hearing, the Subcommittee on Immigration and the National Interest of the Senate Committee on the Judiciary heard important testimony on the CAM program. (17) Testimony from officials within the Obama Administration at the April 2015 hearing purported that the CAM program would assist with reducing the surge of unaccompanied alien minors on our southwest border. (18) Testimony at the April 2015 hearing revealed that the CAM program will impose significant costs on taxpayers and State and local governments. (19) Testimony at the April 2015 hearing found that the CAM program is not a true refugee program, but rather is primarily an end-run around the law to create a new admissions program for alien families from 3 Central American countries in order to unite them with other illegal aliens residing in the United States. (20) The April hearing also revealed that the CAM program has contributed to the surge of unaccompanied alien minors flooding the United States, as the program provides an incentive for further illegal immigration. (21) The CAM program has been a failure and has not helped reduce the surge of unaccompanied alien minors on our southwest border. SEC. 3. CERTAIN ACTIVITIES PROHIBITED. Notwithstanding any other provision of law, no funds, resources, or fees made available to the Secretary of Homeland Security, or to any other official of a Federal agency, by any Act for any fiscal year, including any deposits into the ``Immigration Examinations Fee Account'' established under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), may be used to implement, administer, or carry out the Central American Minors Refugee/Parole Program, or any successor program.

Central American Amnesty Termination Act of 2016 This bill prohibits any funds, resources, or fees available to the Department of Homeland Security or any other federal agency, including Immigration Examinations Fee Account deposits, from being used for the Central American Minors Refugee/Parole Program or any successor program.

Central American Amnesty Termination Act of 2016

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Small Business Credit Card Act of 2018''. (b) Findings.--The Congress finds as follows: (1) Economic growth has frequently been led by the creation of millions of new, small businesses. (2) Today, small business owners are severely limited in their ability to finance new business ventures because access to capital through traditional resources has been restricted. (3) In 2017, 27 percent of small businesses surveyed cannot access adequate financing. (4) Small businesses are being pushed into using credit cards to meet capital needs. (5) This use of credit cards is especially true for innovative and rapidly growing businesses which lack the assets necessary for a traditional loan. (6) In 2017, 20 percent of small businesses say they were forced to reduce their number of employees as a result of inability to access financing. (7) In 2017, 31 percent of the small businesses surveyed used credit cards to meet their capital needs. (8) In 1993, only 16 percent of small businesses used credit cards as a source of financing. (9) One-half of small businesses using a credit card carry a monthly balance, and one-quarter of small businesses carry a monthly balance in excess of $10,000. (10) The average interest rate charged on small business credit cards is 14.16 percent. (11) Nearly one-in-three small businesses with credit cards have reported a worsening of terms, including increased interest rates, fees, and payment procedures, making it more difficult to expand operations or grow business. (12) Small business credit cards contracts do not include consumer protections provided to individuals under the CARD Act. SEC. 2. EXTENDING CREDIT CARD PROTECTIONS UNDER THE TRUTH IN LENDING ACT TO SMALL BUSINESSES. (a) Definition of Consumer.--Section 103(i) of the Truth in Lending Act (15 U.S.C. 1602(i)) is amended-- (1) by striking ``The adjective `consumer', used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is'' and inserting ``Consumer.-- ``(1) In general.--Except as provided in paragraph (2), the term `consumer', when used as an adjective to describe or modify a credit transaction or credit plan, means a transaction or credit plan under which credit is offered or extended to''; and (2) by adding at the end the following new paragraph: ``(2) Small business included under certain circumstances.-- ``(A) In general.--For purposes of any provision of this title relating to a credit card account under an open end credit plan, the term `consumer' includes any qualified small business. ``(B) Qualified small business.--For purposes of subparagraph (A), the term `qualified small business' means, with respect to any credit card account under an open end credit plan, any business concern having 50 or fewer employees, whether or not-- ``(i) the credit card account is in the name of an individual or a business entity; and ``(ii) any credit transaction involving such account is for business or personal purposes. ``(C) Exclusion of small business after `opt out' effective date.--The term `qualified small business' shall not include any business concern described in subparagraph (A) after the effective date of any election under section 135(b) by the individual or business for which the credit card account referred to in such subparagraph has been established, so long as such election remains in effect.''. (b) Amendments to Exemptions.--Section 104(1) of the Truth in Lending Act (15 U.S.C. 1603(1)) is amended-- (1) by inserting ``other than a credit transaction under an open end consumer credit plan in which the consumer is a qualified small business'' after ``agricultural purposes''; and (2) by inserting ``other than qualified small businesses'' after ``organizations''. (c) Business Credit Card Amendments.--Section 135 of the Truth in Lending Act (15 U.S.C. 1645) is amended-- (1) by striking ``The exemption provided by'' and inserting ``(a) In General.--The exemption provided by''; and (2) by adding at the end the following new subsection: ``(b) Qualified Small Business Opt Out From Coverage.-- ``(1) Notice of coverage.--The disclosures under section 127(a) before opening a credit card account under an open end credit plan for a qualified small business shall include a clear and conspicuous disclosure-- ``(A) that the qualified small business is treated as a consumer under this title and is subject to the requirements of this title as a consumer; ``(B) that the business may elect, in accordance with this subsection, to be exempt, under section 104(1), from this title to the same extent as any business other than a qualified small business; and ``(C) of the procedures for making the election and for subsequently revoking any such election. ``(2) Election.--The Board shall prescribe procedures for making an effective election under this subsection and for revoking any such election. ``(3) Prohibition on discrimination against qualified small business.--No creditor may-- ``(A) discriminate against any business concern having 50 or fewer employees in connection with any credit card account of, or any application for a credit card account by such business, under an open end credit plan on any basis; or ``(B) require any qualified small business to make an election under this subsection as a condition for opening a credit card account, or for providing more advantageous terms for any credit card account, under an open end credit plan.''.

Small Business Credit Card Act of 2018 This bill amends the Truth in Lending Act to extend to qualified small businesses credit card protections currently provided to consumers, including limitations and disclosures regarding fees and interest rates. The bill defines "qualified small business" as any business concern having 50 or fewer employees, whether or not: (1) the credit card account is in the name of an individual or a business entity, and (2) any credit transaction involving such account is for business or personal purposes. A qualified small business may elect to opt out of such coverage. A creditor is prohibited from: (1) discriminating against a qualified small business in connection with any credit card account; or (2) requiring any qualified small business to make an opt-out election as a condition for opening a credit card account, or for providing more advantageous terms for such an account.

Small Business Credit Card Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disease Research Revitalization Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Past investments in cancer and Alzheimer's disease research have resulted in better health, an improved quality of life for all Americans, and a reduction in national health care expenditures. (2) The Nation's commitment to cancer and Alzheimer's disease research has expanded the base of scientific knowledge about health and disease and revolutionized the practice of medicine. (3) The Federal Government is the single largest contributor to medical research conducted in the United States. (4) Research continues to play a vital role in the growth of this Nation's biotechnology and pharmaceutical industries. (5) The origin of many of the new drugs and procedures currently in use is based on cancer and Alzheimer's disease research supported by the National Institutes of Health. (6) Unless we make a new commitment to cancer and Alzheimer's disease research, one out of two American alive today will fall victim to one or both of these diseases. (7) Neurodegenerative diseases of the elderly, such as Alzheimer's disease, threaten to destroy the lives of millions of Americans, overwhelm the Nation's health care system, and bankrupt the Medicare and Medicaid programs. (8) Cancer is the second leading cause of death, and 552,000,000 Americans will die from the disease this year. This year, doctors will tell 1,200,000 Americans they have cancer. (9) Women have traditionally been underrepresented in medical research protocols, yet are severely affected by diseases including breast cancer, which will kill over 43,900 women this year. Ovarian cancer will claim another 14,500 lives. (10) Approximately one out of every six American men will develop prostate cancer, and over 49,200 men will die from the disease each year. (11) Four million Americans currently suffer from Alzheimer's disease and another 360,000 will be diagnosed with the disease this year. Alzheimer's disease is the fourth leading cause of death in adults. (12) As the population of this Nation grows older, the number of Americans diagnosed with Alzheimer's disease could double. (13) The mapping and sequencing of the entire human genome will lead to a new era of molecular medicine that will provide unprecedented opportunities for the prevention, diagnosis, treatment, and cure of diseases that currently plague society. (14) The fundamental way science is conducted is changing at a revolutionary pace, demanding a far greater investment in emerging new technologies and research training programs, and in developing new skills among scientific investigators. (15) Research about prevention and early diagnosis of cancer and Alzheimer's disease may result in significantly reducing the incidence of these two diseases. (16) Most Americans show overwhelming support for an increased Federal investment in cancer and Alzheimer's disease research and researchers now have unprecedented opportunities to conquer these two diseases. (17) About 14,600,000 Americans are suffering with asthma, resulting in over $6,000,000,000 in health care costs each year. (18) Almost 5,000,000 children are afflicted with asthma today and the number continues to rise, making it the leading child disease in America. SEC. 3. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002 REGARDING FEDERAL INVESTMENT IN CANCER, ALZHEIMER'S DISEASE, AND ASTHMA RESEARCH. (a) In General.--In addition to other authorizations of appropriations that are available for fiscal year 2002 for the purpose of conducting and supporting research on cancer, Alzheimer's disease, and asthma through the National Institutes of Health, there is authorized to be appropriated $2,000,000,000 for such purpose for fiscal year 2002. (b) Sense of House Regarding Budget Resolution.--It is the sense of the House of Representatives that the concurrent resolution on the budget for fiscal year 2002 should appropriately reflect the authorization of appropriations established in subsection (a). SEC. 4. SENSE OF HOUSE OF REPRESENTATIVES REGARDING AUTHORIZATIONS OF APPROPRIATIONS FOR FISCAL YEAR 2003 THROUGH 2006. It is the sense of the House of Representatives that funding for the National Institutes of Health to conduct and support research on cancer, Alzheimer's disease, and asthma should be increased-- (1) for fiscal year 2003, by $2,000,000,000 over the amount appropriated for fiscal year 2002; and (2) for each of the fiscal years 2004 through 2006, by $1,000,000,000 over the amount appropriated for the preceding fiscal year.

Disease Research Revitalization Act of 2001 - Authorizes appropriations of $2 billion for FY2002, in addition to other authorizations of appropriations that are available for FY 2002 for the purpose of conducting and supporting research on cancer, Alzheimer's disease, and asthma through the National Institutes of Health, for such purpose. Expresses the sense of the House of Representatives that the concurrent resolution on the budget for FY 2002 should appropriately reflect such authorization of appropriations.Expresses the sense of the House of Representatives regarding authorizations of appropriations for FY 2003 through 2006 to support research on cancer, Alzheimer's disease, and asthma.

To provide for an increase in the Federal investment in research on cancer, Alzheimer's disease, and asthma by $2,000,000,000 for fiscal year 2002, and to express the sense of the House of Representatives that the Federal investment in such research should further be increased for each of the fiscal years 2003 through 2006.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Efficient Transportation Act of 2009''. SEC. 2. INCREASING WEIGHT LIMITATIONS FOR CERTAIN VEHICLES. Section 127 of title 23, United States Code, is amended by adding at the end the following: ``(i) Exception to Weight Requirements.-- ``(1) In general.--Notwithstanding subsection (a), a State may authorize a vehicle with a maximum gross weight, including all enforcement tolerances, that exceeds the maximum gross weight otherwise applicable under subsection (a) to operate on the Interstate System routes in the State, if-- ``(A) the vehicle is equipped with at least 6 axles; ``(B) the weight of any single axle on a vehicle does not exceed 20,000 pounds, including enforcement tolerances; ``(C) the weight of any tandem axle on a vehicle does not exceed 34,000 pounds, including enforcement tolerances; ``(D) the weight of any group of 3 or more axles on a vehicle does not exceed 51,000 pounds, including enforcement tolerances; and ``(E) the gross weight of the vehicle does not exceed 97,000 pounds, including enforcement tolerances. ``(2) Special rules.-- ``(A) Special exception for certain states.--This subsection shall not apply to any vehicle exceeding the maximum gross weight requirements under subsection (a) which could have operated lawfully within a State before the date of the enactment of this subsection. ``(B) Increase in axle weight requirement.--A State may authorize a vehicle to exceed the maximum axle weight requirements under any one axle grouping in subparagraph (B), (C), or (D) by not more than 2,000 pounds. ``(3) Approval by state legislature.--Any State seeking to authorize a vehicle to operate on the Interstate System routes within its boundaries under paragraph (1) or to increase the maximum axle weight requirements under paragraph (2) shall do so by statute. ``(4) Reporting requirements.-- ``(A) Annual report.--If a State authorizes vehicles described in paragraph (1) to operate on highway routes in the State in a fiscal year, the State shall submit to the Secretary for the fiscal year an annual report at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, the following: ``(i) An identification of highway routes in the State, including routes not on the Interstate System, on which the State authorizes vehicles in paragraph (1) to operate. ``(ii) A description of the operating requirements and gross vehicle weight limits applicable to the vehicles in paragraph (1). ``(iii) Safety statistics, including vehicle miles traveled data, concerning the vehicles in paragraph (1). ``(B) 5-year assessments.--Following the 5th fiscal year in which a State authorizes vehicle operations described in subparagraph (A), and following each 5th fiscal year thereafter, the State shall include in the State's annual report under subparagraph (A) an assessment, developed by the Secretary under regulation, of the impacts that vehicles described in paragraph (1) have had on pavement and bridge maintenance costs incurred by the State in the preceding 5 fiscal years. ``(C) Public availability.--The Secretary shall make all information required under subparagraph (A) and (B) available to the public. ``(5) Termination.--The Secretary may terminate the operation of vehicles authorized under this subsection on a specific route if the Secretary determines that such operation poses an unreasonable safety risk based on an engineering analysis or an analysis of safety data or any other applicable data the Secretary may use. ``(6) Waiver of highway funding reduction.--Notwithstanding subsection (a), the total amount of funds apportioned to each State under section 104(b)(1) for any period may not be reduced under subsection (a) if the State authorizes a vehicle described in paragraph (1) to operate on the Interstate System in the State in accordance with this subsection.''. SEC. 3. SAFE AND EFFICIENT VEHICLE BRIDGE INFRASTRUCTURE IMPROVEMENT PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section: ``Sec. 167. Safe and efficient vehicle bridge infrastructure improvement program ``(a) Establishment.--The Secretary shall establish a safe and efficient vehicle bridge infrastructure improvement program in accordance with this section. ``(b) Apportionment of Funds to Eligible States.-- ``(1) In general.--On October 1 of each fiscal year, the Secretary shall apportion, in accordance with paragraph (2), the sums made available out of the Safe and Efficient Vehicle Trust Fund for that fiscal year to carry out this section. ``(2) Ratio to eligible states.--The sums made available out of the Safe and Efficient Vehicle Trust Fund shall be apportioned among eligible States in a ratio that-- ``(A) the total vehicle miles traveled on Interstate System highways by vehicles authorized to travel on such highways pursuant to section 127(i) in each eligible State, as determined by the Secretary; bears to ``(B) the total vehicle miles traveled on Interstate System highways by vehicles authorized to travel on such highways pursuant to section 127(i) in all eligible States, as determined by the Secretary. ``(c) Eligible Projects.--An eligible State that receives an apportionment in a fiscal year under subsection (b) shall use the amounts of the apportionment for projects eligible for assistance under section 144 for bridges determined to be eligible for replacement or rehabilitation under subsection (b) or (c) of such section. ``(d) Contract Authority.--Funds made available out of the Safe and Efficient Vehicle Trust Fund to carry out this section shall be available for obligation in the same manner as if the funds were made available from the Highway Trust Fund (other than the Mass Transit Account). ``(e) Eligible State Defined.--In this section the term `eligible State' means a State that authorizes a vehicle described in section 127(i) to operate on the Interstate System within its borders.''. (b) Clerical Amendment.--The table of sections of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 167. Safe and efficient vehicle bridge infrastructure improvement program.''. SEC. 4. OVERWEIGHT VEHICLE TAX. (a) In General.--Section 4481 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Special Rule for Certain Overweight Vehicles.--There is hereby imposed a tax (in lieu of the tax imposed by subsection (a)) on the use of any highway motor vehicle described in section 127(i) of title 23, United States Code. The rate of tax shall be equal to the lesser of-- ``(1) $100 per year, plus $22 for each 1,000 pounds (or fraction thereof) in excess of 55,000 pounds, or ``(2) $800 per year.''. (b) Effective Date.--The amendment made by this subsection shall apply to taxable periods beginning after the date of the enactment of this Act. SEC. 5. SAFE AND EFFICIENT VEHICLE TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to the trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. SAFE AND EFFICIENT VEHICLE TRUST FUND. ``(a) Creation of Fund.--There is hereby established in the Treasury of the United States a fund to be known as the `Safe and Efficient Vehicle Trust Fund', consisting of such amounts as may be-- ``(1) appropriated to the Safe and Efficient Vehicle Trust Fund as provided in this section, or ``(2) credited to the Safe and Efficient Vehicle Trust Fund as provided in section 9602(b). ``(b) Transfer to Safe and Efficient Vehicle Trust Fund of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Safe and Efficient Vehicle Trust Fund amounts equivalent to the taxes received in the Treasury under section 4481(g). ``(c) Expenditures From Safe and Efficient Vehicle Trust Fund.-- Amounts in the Safe and Efficient Vehicle Trust Fund shall be available, as provided by appropriations Acts, for fiscal years beginning 1 year after the date of the enactment of this Act for projects eligible for assistance under section 144 of title 23, United States Code.''. (b) Conforming Amendments.--The Internal Revenue Code of 1986 is amended-- (1) in paragraph (1) of section 9503(b) by striking the period at the end and inserting ``, and taxes received under section 4481 shall be determined without regard to subsection (g) thereof.''; and (2) in the table of sections for subchapter A of chapter 98 by adding at the end the following: ``Sec. 9511. Safe and Efficient Vehicle Trust Fund.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Safe and Efficient Transportation Act of 2009 - Allows a state to authorize the operation of a vehicle with a maximum gross weight (including enforcement tolerances) in excess of certain federal weight limitations on Interstate Highway System (IHS) routes in the state if: (1) the vehicle is equipped with at least six axles; (2) the weight of any single axle does not exceed 20,000 pounds; (3) the weight of any tandem axle does not exceed 34,000 pounds; (4) the weight of any group of three or more axles does not exceed 51,000 pounds; and (5) the gross weight of the vehicle does not exceed 97,000 pounds. Directs the Secretary of Transportation to establish a safe and efficient vehicle bridge infrastructure improvement program. Requires the Secretary to apportion amounts from the Safe and Efficient Vehicle Trust Fund to states for eligible bridge replacement or rehabilitation projects. Amends the Internal Revenue Code to: (1) impose an overweight vehicle tax on any vehicles that exceed federal weight limitations operating on the IHS; and (2) establish the Safe and Efficient Vehicle Trust Fund.

To amend title 23, United States Code, with respect to vehicle weight limitations applicable to the Interstate System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens and Legal Immigration Act''. SEC. 2. JUDICIAL REVIEW OF ORDERS OF REMOVAL. (a) In General.--Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by inserting ``(statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title'' after ``Notwithstanding any other provision of law''; (ii) in each of subparagraphs (B) and (C), by inserting ``(statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, and except as provided in subparagraph (D)'' after ``Notwithstanding any other provision of law''; and (iii) by adding at the end the following: ``(D) Judicial review of certain legal claims.-- Nothing in subparagraph (B) or (C) shall be construed as precluding review of constitutional claims or pure questions of law raised upon a petition for review filed with an appropriate court of appeals in accordance with this section.''; and (B) by adding at the end the following: ``(4) Claims under the united nations convention.-- Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, a petition for review filed with an appropriate court of appeals in accordance with this section shall be the sole and exclusive means for judicial review of any cause or claim under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment, except as provided in subsection (e). ``(5) Exclusive means of review.--Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, a petition for review filed with an appropriate court of appeals in accordance with this section shall be the sole and exclusive means for judicial review of an order of removal entered or issued under any provision of this Act, except as provided in subsection (e). For purposes of this Act, in every provision that limits or eliminates judicial review or jurisdiction to review, the terms `judicial review' and `jurisdiction to review' include habeas corpus review pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, sections 1361 and 1651 of such title, and review pursuant to any other provision of law (statutory or nonstatutory).''; (2) in subsection (b)-- (A) in paragraph (3)(B), by inserting ``pursuant to subsection (f)'' after ``unless''; and (B) in paragraph (9), by adding at the end the following: ``Except as otherwise provided in this section, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28, United States Code, or any other habeas corpus provision, by section 1361 or 1651 of such title, or by any other provision of law (statutory or nonstatutory), to review such an order or such questions of law or fact.''; and (3) in subsection (g), by inserting ``(statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title'' after ``notwithstanding any other provision of law''. (b) Effective Date.--The amendments made by subsection (a) shall take effect upon the date of the enactment of this Act and shall apply to cases in which the final administrative removal order was issued before, on, or after the date of the enactment of this Act. (c) Transfer of Cases.--If an alien's case, brought under section 2241 of title 28, United States Code, and challenging a final administrative removal order, is pending in a district court on the date of the enactment of this Act, then the district court shall transfer the case (or the part of the case that challenges the removal order) to the court of appeals for the circuit in which a petition for review could have been properly filed under section 242 of the Immigration and Nationality Act (8 U.S.C. 1252), as amended by this section. The court of appeals shall treat the transferred case as if it had been filed pursuant to a petition for review under such section 242, except that subsection (b)(1) of such section shall not apply.

Citizens and Legal Immigration Act - Amends the Immigration and Nationality Act (INA) to bar inadmissible arriving aliens from seeking judicial review of removal orders through habeas corpus, mandamus, or other extraordinary petitions. Imposes a similar bar on denials of discretionary relief and orders against criminal aliens with an exception for petitions for review concerning constitutional claims or pure questions of law. Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment.

To amend the Immigration and Nationality Act to modify provisions relating to judicial review of orders of removal.

SECTION 1. SHORT TITLE. This Act may be cited as the ``High-Tech Port Security Act of 2003''. SEC. 2. DEFINITIONS. In this Act: (1) Captain-of-the-port.--The term ``Captain-of-the-Port'', with respect to a port, means the individual designated by the Commandant of the Coast Guard as the Captain-of-the-Port at that port. (2) Container.--The term ``container'' means a cargo container designed or used for the international transportation of merchandise by vessel. (3) Blast-resistant container.--The term ``blast-resistant container'' means a container that incorporates blast-resistant technology and has been certified as a blast-resistant container by the Secretary pursuant to section 101. (4) Regulated container.--The term ``regulated container'' means a container that is manufactured after the date that is 15 months after the date the Secretary prescribes regulations under section 101. (5) Secretary.--The term ``Secretary'' means the Secretary of the Department of Homeland Security. (6) Vessel.--The term ``vessel'' has the meaning given that term in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401). TITLE I--PORT SECURITY AND SAFE CARGO SEC. 101. BLAST-RESISTANT CONTAINERS. (a) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe regulations-- (1) establishing standards for the certification of blast- resistant containers; (2) establishing the procedure by which interested parties may apply for such certification, including the submittal of prototypes and cost estimates; and (3) requiring that, effective on and after the date that is 15 months after the date such regulations are prescribed by the Secretary, no vessel carrying 1 or more regulated containers and seeking to enter the United States shall be allowed such entry unless all such regulated containers are certified blast- resistant containers pursuant to the standards and procedures described in this section. (b) Certification.--The Secretary shall evaluate each application for certification submitted pursuant to the regulations described in paragraphs (1) and (2) of subsection (a), and shall notify each applicant whether such container is certified as blast-resistant-- (1) not later than the date that is 90 days after the application is submitted, if such application is submitted not later than the date that is 90 days after the Secretary prescribes such regulations under subsection (a); or (2) not later than such other date as may be established by the Secretary pursuant to such regulations, if such application is submitted after the date that is 90 days after the date the regulations are prescribed. (c) Deadline.-- (1) Generally.--Not later than 15 months after the date the Secretary prescribes regulations under subsection (a), the Secretary shall deny entry of a vessel into the United States if any of the regulated containers carried by such vessel are not certified under subsections (a) and (b). (2) Extension of deadline.--The Secretary may extend the deadline under paragraph (1) for up to 1 year if the Secretary-- (A) determines that none of the prototypes with respect to which applications have been submitted prior to such deadline are economically feasible; and (B) submits a report (which may be in classified form) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives describing-- (i) the reasons for such extension; and (ii) such steps as the Secretary deems necessary or appropriate to ensure that economically feasible prototypes exist prior to the extended deadline. SEC. 102. SCREENING PRIOR TO DEPARTURE FROM PORT. (a) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe regulations-- (1) establishing standards for the certification of equipment designed to screen a container carried by a vessel entering the United States for radioactive and explosive materials before the container leaves the port; (2) establishing the procedure by which interested parties may apply for such certification, including the submittal of prototypes and cost estimates; and (3) requiring that, effective on and after the date that is 15 months after the date such regulations are prescribed by the Secretary, every container carried by a vessel entering the United States shall be screened for radioactive and explosive materials before the container leaves the port. (b) Certification.--The Secretary shall evaluate each application for certification submitted pursuant to the regulations described in paragraphs (1) and (2) of subsection (a), and shall notify each applicant whether the screening equipment is certified for purposes of screening containers for radioactive and explosive materials-- (1) not later than the date that is 90 days after the application is submitted, if such application is submitted not later than the date that is 90 days after the Secretary prescribes such regulations under subsection (a); or (2) not later than such other date as may be established by the Secretary pursuant to such regulations, if such application is submitted after the date that is 90 days after the date the regulations are prescribed. (c) Screening Equipment Deployment.-- (1) Twenty largest ports.--The Secretary shall take all necessary action, including providing grants to ports, to ensure that, not later than 15 months after the date the Secretary prescribes regulations under subsection (a), the 20 largest ports in the United States, as determined by the Secretary under section 201(a)(1), and any other United States ports determined by the Secretary to be highly vulnerable, have deployed screening equipment certified under subsections (a) and (b). (2) Other ports.--The Secretary shall take all necessary action to ensure that every other port in the United States deploys such certified screening equipment as soon as practicable. (d) Mandatory Screening Deadline.--Not later than the date that is 15 months after the date the Secretary prescribes regulations under subsection (a), the Secretary shall require that any container carried by a vessel entering any of the 20 largest ports in the United States, and any other United States port determined by the Secretary to be highly vulnerable, shall be screened for radioactive and explosive materials before the container leaves the port. TITLE II--PROTECTION OF LARGEST PORTS SEC. 201. COMMAND AND CONTROL CENTERS. (a) Establishment of Command and Control Centers.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall-- (1) identify the 20 largest ports in the United States, as measured by the number of containers processed annually at each port; and (2) in coordination with the Captain-of-the-Port and other officials responsible for security matters at each such port, develop a plan to establish a command and control center for the purpose of coordinating, monitoring, and managing all of the security operations at the port. (b) Grants.-- (1) In general.--The Secretary shall establish a grant program for providing funds to port authorities, facility operators, and State and local agencies to develop and implement the command and control centers under subsection (a)(2). (2) Application.--Each entity seeking a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. TITLE III--AUTHORIZATION OF APPROPRIATIONS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary $100,000,000 for the purpose of carrying out this Act.

High-Tech Port Security Act of 2003 - Instructs the Secretary of the Department of Homeland Security to prescribe regulations: (1) establishing certification standards and procedures for blast-resistant containers; and (2) prohibiting entry into the United States of any vessel carrying regulated containers after such regulations are prescribed unless they are all certified blast-resistant. Directs the Secretary to: (1) establish standards for the certification of equipment designed to screen a container carried by a vessel entering the United States for radioactive and explosive materials before the container leaves the port; (2) take action to ensure that the twenty largest domestic ports (and any others determined highly vulnerable) have deployed such certified screening equipment; and (3) establish command and control centers at the twenty largest domestic ports.

A bill to protect United States ports, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``EPA Science Advisory Board Reform Act of 2014''. SEC. 2. SCIENCE ADVISORY BOARD. (a) Independent Advice.--Section 8(a) of the Environmental Research, Development, and Demonstration Authorization Act of 1978 (42 U.S.C. 4365(a)) is amended by inserting ``independently'' after ``Advisory Board which shall''. (b) Membership.--Section 8(b) of the Environmental Research, Development, and Demonstration Authorization Act of 1978 (42 U.S.C. 4365(b)) is amended to read as follows: ``(b)(1) The Board shall be composed of at least nine members, one of whom shall be designated Chairman, and shall meet at such times and places as may be designated by the Chairman. ``(2) Each member of the Board shall be qualified by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section. The Administrator shall ensure that-- ``(A) the scientific and technical points of view represented on and the functions to be performed by the Board are fairly balanced among the members of the Board; ``(B) at least ten percent of the membership of the Board are from State, local, or tribal governments; ``(C) persons with substantial and relevant expertise are not excluded from the Board due to affiliation with or representation of entities that may have a potential interest in the Board's advisory activities, so long as that interest is fully disclosed to the Administrator and the public and appointment to the Board complies with section 208 of title 18, United States Code; ``(D) in the case of a Board advisory activity on a particular matter involving a specific party, no Board member having an interest in the specific party shall participate in that activity; ``(E) Board members may not participate in advisory activities that directly or indirectly involve review or evaluation of their own work; ``(F) Board members shall be designated as special Government employees; and ``(G) no federally registered lobbyist is appointed to the Board. ``(3) The Administrator shall-- ``(A) solicit public nominations for the Board by publishing a notification in the Federal Register; ``(B) solicit nominations from relevant Federal agencies, including the Departments of Agriculture, Defense, Energy, the Interior, and Health and Human Services; ``(C) make public the list of nominees, including the identity of the entities that nominated each, and shall accept public comment on the nominees; ``(D) require that, upon their provisional nomination, nominees shall file a written report disclosing financial relationships and interests, including Environmental Protection Agency grants, contracts, cooperative agreements, or other financial assistance, that are relevant to the Board's advisory activities for the three-year period prior to the date of their nomination, and relevant professional activities and public statements for the five-year period prior to the date of their nomination; and ``(E) make such reports public, with the exception of specific dollar amounts, for each member of the Board upon such member's selection. ``(4) Disclosure of relevant professional activities under paragraph (3)(D) shall include all representational work, expert testimony, and contract work as well as identifying the party for which the work was done. ``(5) Except when specifically prohibited by law, the Agency shall make all conflict of interest waivers granted to members of the Board, member committees, or investigative panels publicly available. ``(6) Any recusal agreement made by a member of the Board, a member committee, or an investigative panel, or any recusal known to the Agency that occurs during the course of a meeting or other work of the Board, member committee, or investigative panel shall promptly be made public by the Administrator. ``(7) The terms of the members of the Board shall be three years and shall be staggered so that the terms of no more than one-third of the total membership of the Board shall expire within a single fiscal year. No member shall serve more than two terms over a ten-year period.''. (c) Record.--Section 8(c) of such Act (42 U.S.C. 4365(c)) is amended-- (1) in paragraph (1)-- (A) by inserting ``or draft risk or hazard assessment,'' after ``at the time any proposed''; (B) by striking ``formal''; and (C) by inserting ``or draft risk or hazard assessment,'' after ``to the Board such proposed''; and (2) in paragraph (2)-- (A) by inserting ``or draft risk or hazard assessment,'' after ``the scientific and technical basis of the proposed''; and (B) by adding at the end the following: ``The Board's advice and comments, including dissenting views of Board members, and the response of the Administrator shall be included in the record with respect to any proposed risk or hazard assessment, criteria document, standard, limitation, or regulation and published in the Federal Register.''. (d) Member Committees and Investigative Panels.--Section 8(e)(1)(A) of such Act (42 U.S.C. 4365(e)(1)(A)) is amended by adding at the end the following: ``These member committees and investigative panels-- ``(i) shall be constituted and operate in accordance with the provisions set forth in paragraphs (2) and (3) of subsection (b), in subsection (h), and in subsection (i); ``(ii) do not have authority to make decisions on behalf of the Board; and ``(iii) may not report directly to the Environmental Protection Agency.''. (e) Public Participation.--Section 8 of such Act (42 U.S.C. 4365) is amended by amending subsection (h) to read as follows: ``(h)(1) To facilitate public participation in the advisory activities of the Board, the Administrator and the Board shall make public all reports and relevant scientific information and shall provide materials to the public at the same time as received by members of the Board. ``(2) Prior to conducting major advisory activities, the Board shall hold a public information-gathering session to discuss the state of the science related to the advisory activity. ``(3) Prior to convening a member committee or investigative panel under subsection (e) or requesting scientific advice from the Board, the Administrator shall accept, consider, and address public comments on questions to be asked of the Board. The Board, member committees, and investigative panels shall accept, consider, and address public comments on such questions and shall not accept a question that unduly narrows the scope of an advisory activity. ``(4) The Administrator and the Board shall encourage public comments, including oral comments and discussion during the proceedings, that shall not be limited by an insufficient or arbitrary time restriction. Public comments shall be provided to the Board when received. The Board's reports shall include written responses to significant comments offered by members of the public to the Board. ``(5) Following Board meetings, the public shall be given 15 calendar days to provide additional comments for consideration by the Board.''. (f) Operations.--Section 8 of such Act (42 U.S.C. 4365) is further amended by amending subsection (i) to read as follows: ``(i)(1) In carrying out its advisory activities, the Board shall strive to avoid making policy determinations or recommendations, and, in the event the Board feels compelled to offer policy advice, shall explicitly distinguish between scientific determinations and policy advice. ``(2) The Board shall clearly communicate uncertainties associated with the scientific advice provided to the Administrator or Congress. ``(3) The Board shall ensure that advice and comments reflect the views of the members and shall encourage dissenting members to make their views known to the public, the Administrator, and Congress. ``(4) The Board shall conduct periodic reviews to ensure that its advisory activities are addressing the most important scientific issues affecting the Environmental Protection Agency. ``(5) The Board shall be fully and timely responsive to Congress.''. SEC. 3. RELATION TO THE FEDERAL ADVISORY COMMITTEE ACT. Nothing in this Act or the amendments made by this Act shall be construed as supplanting the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 4. RELATION TO THE ETHICS IN GOVERNMENT ACT OF 1978. Nothing in this Act or the amendments made by this Act shall be construed as supplanting the requirements of the Ethics in Government Act of 1978 (5 U.S.C. App.). Passed the House of Representatives November 18, 2014. Attest: KAREN L. HAAS, Clerk.

EPA Science Advisory Board Reform Act of 2014 - (Sec. 2) Amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise requirements for the Science Advisory Board, which gives scientific advice to the Environmental Protection Agency (EPA), and address public disclosure of scientific and technical information that the EPA uses as a basis for agency actions. Emphasizes that the Board provides such advice independently. Revises the process of selecting members of the Board. Requires at least 10% of Board membership to represent state, local, or tribal governments. Excludes from membership any federally registered lobbyists. Directs the Board to ensure that: the points of view represented on the Board are fairly balanced among the members, persons with substantial and relevant expertise are not excluded from the Board because of affiliation with or representation of entities that might have a potential interest in the Board's advisory activities, and members do not participate in advisory activities that involve review or application of their own work. Revises Board terms of office. Revises the procedures for providing advice and comments to the EPA by: (1) including draft risk or hazard assessments in the regulatory proposals and documents made available to the Board, and (2) requiring advice and comments to be included in the record regarding any such proposal and published in the Federal Register. Revises the operation of Board member committees and investigative panels to: (1) require that they operate in accordance with the membership, participation, and policy requirements (including new requirements for public participation in advisory activities of the Board) contained in this Act; (2) deny them authority to make decisions on behalf of the Board; and (3) prohibit direct reporting to EPA. Revises requirements for public participation and transparency. Requires the EPA and the Board to make all reports and relevant scientific information available to the public concurrently when that information is made available to the Board. Adds guidelines for the conduct of Board advisory activities, including: (1) avoidance of making policy determinations or recommendations, (2) communication of uncertainties, (3) dissenting members' views, and (4) periodic reviews to ensure that such activities address the most important scientific issues affecting EPA. (Sec. 3) Prohibits this Act from being construed as supplanting the requirements of the Federal Advisory Committee Act or the Ethics in Government Act of 1978.

EPA Science Advisory Board Reform Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural America Energy Act of 2007''. SEC. 2. ADJUSTMENTS TO THE BIOENERGY PROGRAM. Section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``and''; (ii) in subparagraph (B), by striking the final period and inserting a semicolon; and (iii) by adding at the end the following new subparagraphs: ``(C) cellulosic cogeneration; ``(D) biomass gasification; and ``(E) hydrogen made from cellulosic commodities for fuel cells.''; (B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (C) by inserting after paragraph (2) the following new paragraph: ``(3) Cellulosic cogeneration.--The term `cellulosic cogeneration' means combined heat and electrical power produced from cellulose, hemicellulose, and lignin found in plant cell walls.''; and (D) in subparagraph (A) of paragraph (4), as redesignated by subparagraph (B), by striking ``corn,''; and (2) by striking subsection (f) and inserting the following: ``(f) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $25,000,000 for each of fiscal years 2008 through 2012.''. SEC. 3. INCREASED FUNDING FOR THE RENEWABLE ENERGY PROGRAM AND ADJUSTING THE PROGRAM TO BENEFIT SMALLER PROJECTS. Section 9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106) is amended by striking subsection (f) and inserting the following new subsections: ``(f) Small Projects.--The Secretary shall use not less than 15 percent of the funds available under this section to provide grants for projects that have a total cost $50,000 or less. ``(g) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $50,000,000 for each of fiscal years 2008 through 2012.''. SEC. 4. 5-YEAR EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. Section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking ``2009'' each place it appears and inserting ``2014''. SEC. 5. DEDICATED ETHANOL PIPELINE FEASIBILITY STUDIES. (a) In General.--The Secretary of Energy, in coordination with the Secretary of Agriculture and the Secretary of Transportation, shall spend up to $1,000,000 to fund feasibility studies for the construction of dedicated ethanol pipelines. (b) Conduct of Studies.-- (1) In general.--The Secretary of Energy shall-- (A) through a competitive solicitation process, select 1 or more firms having capabilities in the planning, development, and construction of dedicated ethanol pipelines to carry out the feasibility studies described in subsection (a); or (B) carry out the feasibility studies in conjunction with such firms. (2) Timing.-- (A) In general.--If the Secretary elects to select 1 or more firms under paragraph (1)(A), the Secretary shall award funding under this section not later than 120 days after the date of enactment of this Act. (B) Studies.--As a condition of receiving funds under this section, a recipient of funding shall agree to submit to the Secretary a completed feasibility study not later than 360 days after the date of enactment of this Act. (c) Study Factors.--Feasibility studies funded under this section shall include consideration of-- (1) existing or potential barriers to dedicated ethanol pipelines, including technical, siting, financing, and regulatory barriers; (2) potential evolutionary pathways for the development of an ethanol pipeline transport system, such as starting with localized gathering networks as compared to major interstate ethanol pipelines to carry larger volumes from the Midwest to the East or West coast; (3) market risk, including throughput risk, and ways of mitigating the risk; (4) regulatory, financing, and siting options that would mitigate risk in these areas and help ensure the construction of dedicated ethanol pipelines; (5) financial incentives that may be necessary for the construction of dedicated ethanol pipelines, including the return on equity that sponsors of the first dedicated ethanol pipelines will require to invest in the pipelines; (6) ethanol production of 20,000,000,000, 30,000,000,000, and 40,000,000,000 gallons per year by 2020; and (7) such other factors that the Secretary considers to be appropriate. (d) Confidentiality.--If a recipient of funding under this section requests confidential treatment for critical energy infrastructure information or commercially-sensitive data contained in a feasibility study submitted by the recipient under subsection (b)(2)(B), the Secretary shall offer to enter into a confidentiality agreement with the recipient to maintain the confidentiality of the submitted information. (e) Review; Report.--The Secretary of Energy shall-- (1) review the feasibility studies submitted under subsection (b)(2)(B) or carried out under subsection (b)(1)(B); and (2) not later than 15 months after the date of enactment of this Act, submit to Congress a report that includes-- (A) information about the potential benefits of constructing dedicated ethanol pipelines; and (B) recommendations for legislation that could help provide for the construction of dedicated ethanol pipelines. (f) Funding.--There are authorized to be appropriated to the Secretary of Energy to carry out this section $1,000,000 for fiscal year 2008, to remain available until expended. SEC. 6. CONSERVATION RESERVE PROGRAM ADJUSTMENTS TO PROTECT THE MOST ENVIRONMENTALLY SENSITIVE ACRES AND PROMOTE PRODUCTION OF BIOFUELS CROPS. (a) Reauthorization.--Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended by striking ``Through the 2007 calendar year'' and inserting the following: ``(1) Program required.--Through the 2012 calendar year''. (b) Maximum Enrollment.--Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended-- (1) by striking ``39,200,000 acres'' and inserting ``40,000,000 acres''; and (2) by striking by striking ``2007'' and inserting ``2012''. (c) Priority for Protection of Most Environmentally Sensitive Acres.--Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)), as amended by subsection (a), is amended by adding at the end the following new paragraph: ``(2) Priority for protection of most environmentally sensitive acres.--In applying subsection (b) and other provisions of this subchapter for the enrollment of land in the conservation reserve program, the Secretary shall ensure that, as contracts expire and lands are taken out of the program, the lands are replaced with the most environmentally sensitive acres, so that the program continues to protect highly erodible lands while increasing the acreage outside of the program that is available for the production of crops to accommodate biofuel production.''. SECTION 7. TRANSITIONAL ASSISTANCE FOR FARMERS WHO PLANT DEDICATED ENERGY CROPS FOR A LOCAL CELLULOSIC REFINERY. (a) In General.--The Secretary shall make transitional assistance payments to an agricultural producer during the 1st year in which the producer devotes land to the production of a qualified cellulosic crop. (b) Definitions.--In this section: (1) Cellulosic crop.--The term ``cellulosic crop'' means a tree or grass that is grown specifically to provide raw materials (feedstocks) for conversion to liquid transportation fuels or chemicals through biochemical or thermochemical processes, or for energy generation through combustion, pyrolysis, or co-firing. (2) Cellulosic refiner.--The term ``cellulosic refiner'' means the owner or operator of a cellulosic refinery. (3) Cellulosic refinery.--The term ``cellulosic refinery'' means a refinery that processes a cellulosic crop. (4) Qualifed cellulosic crop.--The term ``qualified cellulosic crop'' means, with respect to an agricultural producer, a cellulosic crop which is-- (A) the subject of a contract (or memorandum of understanding) between the producer and a cellulosic refiner, under which the producer is obligated to sell the crop to the refiner at a certain date in the future; and (B) produced not more than 70 miles from a cellulosic refinery owned or operated by the refiner. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (c) Amount of Payment.-- (1) Determined by formula.--The Secretary shall devise a formula to be used to calculate the amounts of the payments to be made to an agricultural producer under this section, which shall be based on the opportunity costs incurred by the producer during the 1st year in which the producer devotes land to the production of the qualified cellulosic crop, subject to paragraph (2) of this subsection. The Secretary shall prescribe a standard to be used to determine opportunity costs using land rental rates and other costs determined by the Secretary. (2) Limitation.--The total of the amounts paid to a single producer under this section shall not exceed 25 percent of the funds made available under subsection (e) for the fiscal year in which the amounts are so paid. (d) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out this section. (e) Limitations on Authorization of Appropriations.-- (1) In general.--To carry out this section, there are authorized to be appropriated to the Secretary not more than $4,088,000 for each of fiscal years 2008 through 2012. (2) Availability of funds.--The amounts made available under paragraph (1) are authorized to remain available until expended. SEC. 8. CREDIT FOR INSTALLATION OF WIND ENERGY PROPERTY INCLUDING BY RURAL HOMEOWNERS, FARMERS, RANCHERS, AND SMALL BUSINESSES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30D. WIND ENERGY PROPERTY. ``(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 $1,500 with respect to each half kilowatt of capacity of qualified wind energy property placed in service or installed by the taxpayer during such taxable year. ``(b) Limitation.--No credit shall be allowed under subsection (a) unless at least 50 percent of the energy produced annually by the qualified wind energy property is consumed on the site on which the property is placed in service or installed. ``(c) Qualified Wind Energy Property.--For purposes of this section, the term `qualified wind energy property' means a wind turbine of 100 kilowatts of rated capacity or less if-- ``(1) such turbine is placed in service or installed on or in connection with property located in the United States, ``(2) in the case of an individual, the property on or in connection with which such turbine is installed is a dwelling unit, ``(3) the original use of such turbine commences with the taxpayer, and ``(4) such turbine carries at least a 5-year limited warranty covering defects in design, material, or workmanship, and, for property that is not installed by the taxpayer, at least a 5-year limited warranty covering defects in installation. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Special Rules.--For purposes of this section-- ``(1) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216(b)(2)) in a cooperative housing corporation (as defined in section 216(b)(1)), such individual shall be treated as having paid his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures paid or incurred for qualified wind energy property by such corporation, and such credit shall be allocated appropriately to such individual. ``(2) 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 he owns, such individual shall be treated as having paid his proportionate share of expenditures paid or incurred for qualified wind energy property by such association, and such credit shall be allocated appropriately to such individual. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of section 528(c)(2) with respect to a condominium project of which substantially all of the units are used by individuals as dwelling units. ``(f) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to a dwelling unit or other property, the increase in the basis of such dwelling unit or other property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(g) Application of Credit.--The credit allowed under this section shall apply to property placed in service or installed after December 31, 2006, and before January 1, 2012.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) in the case of a dwelling unit or other property with respect to which a credit was allowed under section 30D, to the extent provided in section 30D(f).''. (c) Clerical Amendment.--The table of sections for subpart B 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 30C the following new item: ``Sec. 30D. Wind energy property.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2006. SEC. 9. MODIFICATION OF ACCOUNTING PRACTICES. Within 18 months after the date of enactment of this Act, the Securities and Exchange Commission shall revise the accounting practices to be followed in the preparation of accounts by persons engaged, in whole or in part, in the production of crude oil or natural gas in the United States that were developed pursuant to section 503 of the Energy Policy Conservation Act (42 U.S.C. 6383) to establish a renewable reserves classification and disclosure system. Such classification and disclosure system shall treat contracted biomass crops for a cellulosic biorefinery as renewable reserves.

Rural America Energy Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to redefine "bioenergy" to include: (1) cellulosic cogeneration; (2) biomass gasification; and (3) hydrogen made from cellulosic commodities for fuel cells. Instructs the Secretary of Agriculture (Secretary) to make available increased funds of the Commodity Credit Corporation to implement: (1) the bioenergy program; (2) renewable energy systems and energy efficiency improvements; and (3) grants for small projects. Amends the Internal Revenue Code to: (1) provide a five-year extension of credit for electricity produced from certain renewable resources; and (2) allow a tax credit for certain wind energy property placed in service or installed by the taxpayer during the taxable year. Instructs the Secretary of Energy to spend up to $1 million to fund feasibility studies for the construction of dedicated ethanol pipelines. Amends the Food Security Act of 1985 to: (1) extend the conservation reserve program through calendar 2012; and (2) direct the Secretary to ensure that, as contracts expire and lands are taken out of the program, the lands are replaced with the most environmentally sensitive acres, so that the program continues to protect highly erodible lands while increasing the acreage outside of the program available for the production of crops to accommodate biofuel production. Instructs the Secretary to make transitional assistance payments to an agricultural producer during the first year in which the producer devotes land to the production of a qualified cellulosic crop. Requires the Securities and Exchange Commission to revise specified accounting practices of persons engaged in crude oil or natural gas production in the United States to establish a renewable reserves classification and disclosure system, which shall treat contracted biomass crops for a cellulosic biorefinery as renewable reserves.

To increase the diversity and independence of the United States energy supply by providing encouragement of energy sources from rural America, including biofuels and wind energy, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Burley Buy-out Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ELIMINATION OF PRICE SUPPORT AND MARKET QUOTAS FOR BURLEY TOBACCO Sec. 101. Burley tobacco price support program. Sec. 102. Burley tobacco marketing quotas. TITLE II--COMPENSATION TO QUOTA HOLDERS AND TRANSITION ASSISTANCE TO PRODUCERS OF BURLEY TOBACCO Sec. 201. Definitions. Sec. 202. Compensation to Burley quota holders for loss of tobacco quota asset value. Sec. 203. Transition payments for active Burley tobacco producers. Sec. 204. Commodity Credit Corporation. TITLE III--ECONOMIC ASSISTANCE FOR BURLEY TOBACCO-DEPENDENT COMMUNITIES Sec. 301. Rural economic assistance grants. Sec. 302. Commodity Credit Corporation. TITLE I--ELIMINATION OF PRICE SUPPORT AND MARKET QUOTAS FOR BURLEY TOBACCO SEC. 101. BURLEY TOBACCO PRICE SUPPORT PROGRAM. Notwithstanding section 106 of the Agricultural Act of 1949 (7 U.S.C. 1445), beginning with the 2002 crop of Burley tobacco, the Secretary of Agriculture shall not make price support available, whether in the form of loans, payments, purchases, or other operations, for any crop of Burley tobacco. SEC. 102. BURLEY TOBACCO MARKETING QUOTAS. Notwithstanding part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.), beginning with the 2002 crop of Burley tobacco, the Secretary shall not proclaim a national marketing quota for Burley tobacco or apportion a marketing quota for Burley tobacco among States and farms. TITLE II--COMPENSATION TO QUOTA HOLDERS AND TRANSITION ASSISTANCE TO PRODUCERS OF BURLEY TOBACCO SEC. 201. DEFINITIONS. In this title: (1) Active burley tobacco producer.--The term ``active Burley tobacco producer'' means a person that was the actual producer, as determined by the Secretary of Agriculture, of Burley tobacco on a farm where Burley tobacco was produced pursuant to a marketing quota established under the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) for at least two of the 1999 through 2001 marketing years. (2) Burley quota holder.--The term ``Burley quota holder'' means an owner of a farm on January 1, 2002, for which a Burley tobacco farm marketing quota was established under the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) for the 2001 marketing year. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 202. COMPENSATION TO BURLEY QUOTA HOLDERS FOR LOSS OF TOBACCO QUOTA ASSET VALUE. (a) Compensation Required.--The Secretary shall make a payment under this section to an eligible Burley quota holder to compensate the Burley quota holder for the lost value of the quota on account of the elimination of marketing quotas for Burley tobacco under section 102. (b) Eligibility.--To be eligible to receive a payment under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person satisfies the definition of Burley quota holder. The application shall be submitted within such time, in such form, and in such manner as the Secretary may require. (c) Base Quota Level.--The Secretary shall determine, for each Burley quota holder whose application for payment is approved by the Secretary under subsection (b), the base quota level of the Burley quota holder for the 1991 through 2001 marketing years. The base quota level for the Burley quota holder shall be equal to the average Burley tobacco farm marketing quota established for the 1991 through 2001 marketing years for the farm owned by the Burley quota holder. (d) Payment.--The Secretary shall make a one-time payment to an eligible Burley quota holder in an amount equal to the product obtained by multiplying-- (1) $8 per pound; by (2) the base quota level established for the Burley quota holder under subsection (c). (e) Time for Payment.--The payments required by this section shall be made during fiscal year 2002. SEC. 203. TRANSITION PAYMENTS FOR ACTIVE BURLEY TOBACCO PRODUCERS. (a) Transition Payments Required.--The Secretary shall make transition payments under this section to eligible active Burley tobacco producers to lessen the financial consequences to producers of the elimination of price support for Burley tobacco under section 101. (b) Eligibility.--To be eligible to receive transition payments under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person satisfies the definition of active Burley tobacco producer. The application shall be submitted within such time, in such form, and in such manner as the Secretary may require. (c) Production History.--The Secretary shall base the transition payments made to an active Burley tobacco producer on the average quantity of Burley tobacco subject to a marketing quota that was produced by the producer during the 1999 through 2001 marketing years. (d) Payments.--The Secretary shall make transition payments to an eligible active Burley tobacco producer in an aggregate amount equal to the product obtained by multiplying-- (1) $7.50; by (2) the average quantity determined under subsection (c) for the producer. (e) Time for Payments.--The total amount calculated for an active Burley tobacco producer under subsection (d) shall be paid to the producer in five equal installments. A payment shall be made during each of the fiscal years 2002 through 2007. SEC. 204. COMMODITY CREDIT CORPORATION. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title. TITLE III--ECONOMIC ASSISTANCE FOR BURLEY TOBACCO-DEPENDENT COMMUNITIES SEC. 301. RURAL ECONOMIC ASSISTANCE GRANTS. (a) Grant Authority.--During each of the fiscal years 2002 through 2007, the Secretary of Agriculture shall use $50,000,000 of funds of the Commodity Credit Corporation to provide grants to States in which Burley tobacco is produced to assist those areas of such a State that are economically dependent on the production of Burley tobacco. (b) Grant Basis.--In making a grant under subsection (a) to a Burley tobacco-growing State, the Secretary shall base the amount of the grant on the following, as determined by the Secretary: (1) The number of counties in the State in which Burley tobacco production is a significant part of the county's economy. (2) The level of economic dependence of such counties on Burley tobacco production. (c) Use of Grants by States.--A State that receives a grant under subsection (a) shall use the grant to make grants to counties or other public or private entities in the State to assist areas that are dependent on the production of Burley tobacco, as determined by the Governor. The amount of a grant paid to a county or other entity to assist an area shall be based on (as determined by the Secretary)-- (1) the ratio of gross Burley tobacco sales receipts in the area to the total farm income in the area; and (2) the ratio of all Burley tobacco related receipts in the area to the total income in the area. (d) Use of Grants by Counties.--A county or other entity that receives a grant under subsection (c) shall use the grant in a manner determined appropriate by the county or entity (with the approval of the State) to assist Burley tobacco producers and other persons who are economically dependent on the production of Burley tobacco, including use for-- (1) on-farm diversification and alternatives to the production of tobacco and risk management; and (2) off-farm activities such as development of non-tobacco related jobs. SEC. 302. COMMODITY CREDIT CORPORATION. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title.

Burley Buy-out Act of 2001 - Directs the Secretary of Agriculture, with respect to Burley tobacco, to: (1) eliminate price supports and market quotas beginning with the 2002 crop; (2) provide eligible quota holders with FY 2002 compensation for loss of tobacco quota asset value, and eligible producers with transition assistance through FY 2007; and (3) provide economically affected States with rural economic assistance grants through FY 2007.

To eliminate the Federal quota and price support programs for Burley tobacco, to compensate quota holders for the lost quota value, to provide transition payments to producers of Burley tobacco, and to provide assistance to communities adversely affected by the elimination of the quota and price support programs.

SECTION 1. FINDINGS. The Congress finds the following: (1) Giuseppe Garibaldi was born on July 4, 1807 in Nice. (2) Garibaldi's family's involvement in coastal trade drew him to a life at sea. He was certified in 1832 as a merchant marine captain. (3) As a young man Garibaldi joined the movement of La Giovine Italia (``Young Italy'') which was founded by Giuseppe Mazzini, who was an impassioned proponent of Italian unification. (4) Garibaldi participated in various independence struggles throughout Central and South America. (5) Garibaldi came to the United States where he applied for citizenship and began learning English. He lived for a time with inventor Antonio Meucci in his home in Staten Island, New York. (6) The Garibaldi-Meucci Museum is a place where Italian- American heritage and culture can be celebrated as well as where the lives of Giuseppe Garibaldi and Antonio Meucci can be remembered. (7) The Garibaldi-Meucci Museum was listed on the U.S. National Register of Historic Places in 1980. (8) In 1854, Giuseppe Garibaldi left Staten Island, New York and returned to Italy as the commander in the conflicts of the Risorgimento to lead military forces that would provide for the unification of Italy. (9) The Risorgimento's progress was eagerly followed in a United States ideologically opposed to European dynastic ``tyranny''. The victory was viewed in this country as a powerful vindication of the right of the individual to political self-determination. (10) Giuseppe Garibaldi, who led Italy to unification in 1861, was offered a command as Major General in the Union Army by President Abraham Lincoln. Garibaldi declined, but to honor him, the 39th New York Infantry was known as ``The Garibaldi Guard''. About 150 of its 850 men were Italian. It fought in the Union Army from Bull Run to Appomattox. (11) Garibaldi was an active freemason, and thought of masonry as a network to unite men as brothers both within nations and as members of a global community. (12) Garibaldi spent the rest of his life in Caprera with his wife, Francesca Armosino, and their children and family members. He died on June 2, 1882. (13) Giuseppe Garibaldi is one of the most symbolic figures of the Republic of Italy and a national hero. Five Italian Navy ships have been named after him, including the Italian navy's current flagship, the aircraft carrier ``Giuseppe Garibaldi''. (14) On March 17, 2011, the Republic of Italy will officially celebrate Italy's 150th Anniversary with a series of activities across the nation of Italy, in Washington, DC and throughout the United States to highlight the unique partnership between Italy and the United States. As long time allies, both nations share a common set of values, historical ties, and cultural relations that span multiple centuries. (15) From the arts and sciences to political thinking and beyond, the lives and ideas of great men like Andrea Palladio and Thomas Jefferson, Benjamin Franklin and Antonio Meucci, and Giuseppe Garibaldi and Abraham Lincoln have inspired and enlightened one another. (16) Today, the legacy of immigrants is found throughout the United States in the millions of American men, women and children of Italian descent and the community organizations such as the National Italian American Foundation and others that serve to strengthen and enrich our country. (17) Upon arrival to a new home, the Italian American community faced racial, social, and religious discrimination. Yet, Italian Americans persevered with hope and hard work to reach the American dream, flourished in all areas of public and economic life, and helped build our great country while preserving their proud Italian traditions. As proud service members, they have also defended the liberty and integrity of the United States of America since the Revolutionary War, during both World Wars, the wars in Vietnam, Korea and the Persian Gulf up until today's current conflicts. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.-- (1) In general.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design in recognition of the contributions of Giuseppe Garibaldi to the Nation. (2) Display of medal in capitol visitor center.--The Architect of the Capitol shall arrange for the gold medal presented under this subsection to be displayed in the Capitol Visitor Center as part of an exhibit honoring Giuseppe Garibaldi. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS OF MEDALS. (a) National Medals.--The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.

Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal in recognition of the contributions of Giuseppe Garibaldi to the nation.

To award posthumously a Congressional Gold Medal to Giuseppe Garibaldi and to Recognize the Republic of Italy on the 150th Anniversary of its Unification.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meth Project Prevention Campaign Grant Program Act of 2010''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) methamphetamine is a leading drug threat to the United States; (2) crime related to methamphetamine abuse continues to increase, as reported by county sheriffs; (3) law enforcement reporting indicates that methamphetamine users commonly engage in identity theft to acquire personal information of another person, which the methamphetamine users either sell or exchange for methamphetamine; (4) the prevalence of identity theft is rising in many areas where rates of methamphetamine distribution and abuse are high or increasing; (5) methamphetamine laboratories pose a dangerous threat in terms of toxicity, severe environmental and property damage, violence, and public safety; (6) methamphetamine use places an excessive burden on law enforcement and local government resources; (7) 24 percent of teens nationally report it would be easy or somewhat easy to obtain methamphetamine; (8) 33 percent of teens believe there is only slight or no risk to trying methamphetamines once or twice; (9) 16 percent of teens have a friend or a family member that has used methamphetamines or been treated for methamphetamine abuse; (10) the annual economic burden of methamphetamine use in the United States is estimated at between $16,200,000,000 and $48,300,000,000 annually; (11) methamphetamine creates and increases government and individual expenditures on treatment, healthcare, and foster care services, as well as methamphetamine-related unemployment, child neglect or abuse, and other social issues; (12) the estimated annual cost of methamphetamine-related crime and criminal justice expenditures in the United States is $4,200,000,000; and (13) there are currently no particular pharmacological treatments for dependence on methamphetamine. (b) Purpose.--It is the purpose of this Act to provide adequate resources for the Department of Justice Office of Community Oriented Policing Services to implement the Meth Project Prevention Campaign in States with a critical methamphetamine problem, that will incorporate a broad range of community outreach programs by the Meth Project personnel and volunteers that mobilize communities to assist in methamphetamine awareness and prevention activities that educate youth on the risks and consequences of methamphetamine use. SEC. 3. METH PROJECT PREVENTION CAMPAIGN GRANT PROGRAM. (a) Grants Authorized.-- (1) In general.--The Attorney General, acting through the Director of the Office of Community Oriented Policing Services, may make grants to States, units of local government, or private nonprofit organizations (referred to in this section as ``eligible entities'') to establish the Meth Project Prevention Campaign, which shall be aimed at teenagers. (2) Maximum amount.--A grant made under this section shall not be in an amount more than $2,000,000 per fiscal year. (3) Duration.--A grant made under this section shall be for a period of 1 year. (b) Use of Funds.--A grant made under this section may be used for-- (1) producing and developing television, radio, Internet, and print advertisements and educational materials; (2) acquiring placement of advertisements for the Meth Project Prevention Campaign; (3) community outreach to motivate community involvement in methamphetamine education; (4) the benchmark study and periodic surveys required under subsection (c); and (5) qualitative research to assist in the development and testing of-- (A) the messaging of the Meth Project Prevention Campaign; and (B) the effectiveness of methamphetamine education. (c) Study Requirement.-- (1) Benchmark study.--An eligible entity receiving a grant under this section shall conduct a quantitative statewide benchmark survey of a statistically significant sample, to be called a ``Meth Use and Attitudes Survey'', at the beginning of the Meth Project Prevention Campaign conducted by the eligible entity to capture attitudes and behaviors related to methamphetamine throughout the State in which the eligible entity is located. (2) Periodic studies.--Not less than 2 years after the completion of the benchmark study required under paragraph (1), an eligible entity receiving a grant under this section shall regularly conduct follow-up studies consistent with the benchmark study described in paragraph (1) to track changes in attitudes and behaviors related to methamphetamine and assist in the development of methamphetamine prevention advertising and other outreach activities directed at teens. (d) Application.-- (1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) a plan for implementing a Meth Project Prevention Campaign, that shall include specific strategies for preventing or reducing methamphetamine use by youth, based on research-based interventions tailored to reaching youth and changing the behavior of youth; (B) an assurance that in developing and implementing the Meth Project Prevention Campaign, the eligible entity shall, to the extent feasible and appropriate, consult and coordinate with Federal, State, and local agencies, departments, and organizations to build broad community-based support; (C) a private fund-raising strategy; and (D) such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section. (e) Criteria.--In making grants under this section, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services, shall give priority to eligible entities that-- (1) have widespread methamphetamine use or an emerging threat of widespread methamphetamine use; (2) have a full-time executive director or dedicated personnel to oversee the implementation and execution of the Meth Project Prevention Campaign; (3) have an organizational model, including a State- specific advisory council; (4) demonstrate access to or the ability to license tested television and print copy; (5) demonstrate that the costs of paid media time and space will be matched by an equal or greater amount of no cost advertising or in-kind contributions; and (6) demonstrate a history of raising private funding to support the entity. (f) Federal Share.-- (1) In general.--The Federal share of the cost of an activity described in the application submitted under subsection (b) that is carried out with a grant under this section shall be not more than 50 percent. (2) Non-federal share.--The non-Federal share of payments under this section may be in cash or in-kind. (g) Reports to Congress.--Not later than 120 days after the last day of each fiscal year in which 1 or more grants are made under this section, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services, shall submit to Congress a report that shall include-- (1) a summary of the activities carried out with grants made under this section; (2) an assessment by the Attorney General of the programs carried out; and (3) any other information the Attorney General considers appropriate. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2011, 2012, 2013, and 2014.

Meth Project Prevention Campaign Grant Program Act of 2010 - Authorizes the Attorney General, acting through the Director of the Office of Community Oriented Policing Services, to make matching grants to states, units of local government, or private nonprofit organizations to establish the Meth Project Prevention Campaign, which shall be aimed at teenagers. Authorizes the use of grant funds for: (1) television, radio, Internet, and print advertisements and educational materials; (2) community outreach to motivate community involvement in methamphetamine education; (3) a benchmark survey and periodic studies of attitudes and behaviors related to methamphetamine ; and (4) qualitative research to assist in the development and testing of Campaign messaging and the effectiveness of methamphetamine education.

A bill to establish the Meth Project Prevention Campaign Grant Program.

SECTION 1. AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM. (a) In General.--Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following: ``Sec. 8335a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter, effective as of the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--The regulations under paragraph (1)(A) shall, in the case of any Member described in subsection (a), provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1), (3), and (4) of section 8342(a) as of the date of enactment of this section. ``(e) Exclusion.--For purposes of this section, the term `Member' does not include the Vice President.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. Termination of further retirement coverage of Members of Congress.''. SEC. 2. AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM. (a) In General.--Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: ``Sec. 8425a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this chapter, effective as of the date of enactment of this section-- ``(1) in the case of an individual who first becomes a Member before such date of enactment-- ``(A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and ``(B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and ``(2) in the case of an individual who first becomes a Member on or after such date of enactment-- ``(A) such Member shall not be subject to this chapter; and ``(B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--The regulations under paragraph (1)(A) shall, in the case of a Member described in subsection (a)(1), provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1), (3), and (4) of section 8424(a) as of the date of enactment of this section. ``(e) Exclusion.--For purposes of this section, the term `Member' does not include the Vice President.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: ``8425a. Termination of further retirement coverage of Members of Congress.''.

Amends the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to exclude Members of Congress, except the Vice President, from further CSRS and FERS retirement coverage. Prohibits further government contributions or deductions from such Member's basic pay for deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund. States that nothing in this Act shall: (1) be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under CSRS or FERS for any Member covering any period before the enactment of this Act; or (2) affect the eligibility of a Member to participate in the Thrift Savings Plan (TSP) in accordance with otherwise applicable law.

To amend title 5, United States Code, to provide for the termination of further retirement benefits for Members of Congress, except the right to continue participating in the Thrift Savings Plan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Possessions Wage Credit Act of 1993''. SEC. 2. REPLACEMENT OF POSSESSION TAX CREDIT WITH WAGE-BASED EMPLOYMENT CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45A. POSSESSIONS EMPLOYMENT CREDIT. ``(a) Amount of Credit.--For purposes of section 38, the amount of the possessions employment credit determined under this section with respect to any eligible employer for any taxable year is 40 percent of the qualified possession wages paid or incurred during such taxable year. ``(b) Qualified Possession Wages.--For purposes of this section, the term `qualified possession wages' means any wages paid or incurred by an employer for services performed by an employee while such employee is a qualified possession employee to the extent such wages do not exceed $20,000. ``(c) Qualified Possession Employee.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `qualified possession employee' means, with respect to any period, any employee of an eligible employer if-- ``(A) substantially all of the services performed during such period by such employee for such employer are performed within a possession of the United States in a trade or business of the employer, ``(B) such employee is a bona fide resident of such possession, and ``(C) such employee is subject to tax by such possession on income from sources within and without such possession. ``(2) Certain individuals not eligible.--The term `qualified possession employee' shall not include-- ``(A) any individual described in subparagraph (A), (B), or (C) of section 51(i)(1), ``(B) any 5-percent owner (as defined in section 416(i)(1)(B)), and ``(C) any individual unless such individual either-- ``(i) is employed by the employer at least 90 days, or ``(ii) has completed at least 120 hours of services performed for the employer. ``(d) Eligible Employer.--For purposes of this section-- ``(1) In general.--The term `eligible employer' means a domestic corporation which-- ``(A) elects the application of this section, and ``(B) meets the conditions of both subparagraphs (A) and (B) of paragraph (2). ``(2) Conditions which must be satisfied.--The conditions referred to in paragraph (1) are as follows: ``(A) 3-year period.--If 80 percent or more of the gross income of such domestic corporation for the 3- year period immediately preceding the close of the taxable year (or for such part of such period immediately preceding the close of such taxable year as may be applicable) was derived from sources within a possession of the United States (determined without regard to section 904(f)). ``(B) Trade or business.--If 75 percent or more of the gross income of such domestic corporation for such period or such part thereof was derived from the active conduct of a trade or business within a possession of the United States. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Possession.--The term `possession of the United States' includes the Commonwealth of Puerto Rico and the Virgin Islands. ``(2) Wages.--The term `wages' has the same meaning as when used in section 51, except that paragraph (4) of section 51(c) shall not apply. ``(3) Treatment of certain foreign taxes.--For purposes of this title, any tax of a foreign country or possession of the United States which is paid or accrued with respect to taxable income of an eligible employer for any taxable year for which an election is in effect under this section shall not be treated as income, war profits, or excess profits paid or accrued to a foreign country or possession of the United States. The preceding sentence shall not apply to the extent such amounts exceed the amount of the credit determined under subsection (a) for such taxable year. ``(4) Controlled groups.-- ``(A) Treated as single employer.--All employers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single employer for purposes of this section. ``(B) Proportionate share.--The credit (if any) determined under this section with respect to each employer described in subparagraph (A) shall be such employer's proportionate share of the wages giving rise to such credit. ``(5) Denial of double benefit.--No credit or deduction shall be allowable under any other provision of this title with respect to any wages taken into account in computing the credit allowed by this section. ``(6) Certain other rules made applicable.--Rules similar to the rules of section 51(k) and subsections (c), (d), and (e) of section 52 shall apply. ``(f) Transition Rules.--For purposes of this section-- ``(1) In general.--In the case of a taxpayer for which a credit is allowed under section 936 for its last taxable year ending before February 16, 1993, the credit determined under subsection (a) for each of the 5 taxable years in the transition period shall not be less than the lesser of-- ``(A) the old section 936 amount, or ``(B) the adjusted wage credit. ``(2) Old section 936 amount.--For purposes of paragraph (1)(A)-- ``(A) In general.--The term `old section 936 amount' means, with respect to any taxable year, the applicable percentage of the lesser of-- ``(i) the amount of the credit which would have been determined under section 936 but for section 936(i), or ``(ii) 115 percent of the average amount of the credit under section 936 of the taxpayer and its predecessors for the 3-taxable-year period ending with the taxpayer's last taxable year ending before February 16, 1993 (not taking into account years in which the taxpayer or any predecessor was not in existence). ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined as follows: ``In the case of the following year in The percent- the transition period: age is: 1st.............................. 100 2d............................... 100 3d............................... 75 4th.............................. 50 5th.............................. 25. ``(3) Adjusted wage credit.--For purposes of paragraph (1)(B)-- ``(A) In general.--The term `adjusted wage credit' means, with respect to any taxable year, the amount determined under subsection (a) by substituting the applicable percentage for 40 percent. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined as follows: ``In the case of the following year in The percent- the transition period: age is: 1st.............................. 100 2d............................... 100 3d............................... 85 4th.............................. 70 5th.............................. 55. ``(4) Treatment of additional credit.--If an additional credit is allowed to a taxpayer for any taxable year by reason of this subsection, then, for purposes of this title-- ``(A) an election under section 936 shall be treated as in effect with respect to such taxpayer for such taxable year, and ``(B) the excess of the credit allowed under this section for such taxable year over the amount of the credit which would have been allowed without regard to this subsection shall be treated as a credit allowed by section 936. ``(5) Transition period.--For purposes of this subsection, the term `transition period' means the 5-taxable-year period beginning with the taxable year which includes February 16, 1993.''. (b) Termination of Section 936 Credit.-- (1) In general.--Section 936 of such Code is amended by adding at the end the following new subsection: ``(i) Termination.--Except as provided in section 45A(f)(4), no credit shall be allowed under this section for any taxable year ending on or after February 16, 1993.''. (2) Conforming amendment.--Section 27(b) of such Code is amended by adding at the end the following new sentence: ``Except as provided in section 45A(f)(4), no credit shall be allowed under this subsection for any taxable year ending on or after February 16, 1993.''. (c) Credit Allowed as Business Credit.-- (1) In general.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(9) the possessions employment credit under section 45A(a).''. (2) Transition.--Section 39(d) of such Code is amended by adding at the end the following new paragraph: ``(4) No carryback of possessions employment credit.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45A may be carried back to any taxable year ending before February 16, 1993.''. (d) Conforming Amendments.-- (1) Sections 243(b)(1)(B)(ii) and 1361(b)(2)(D) of such Code are each amended by inserting ``45A or'' before ``936''. (2) Section 1504(b)(4) of such Code is amended by inserting ``section 45A (relating to possessions employment credit) or'' before ``section 936''. (3) Clause (ii) of section 6091(b)(2)(B) of such Code is amended by inserting ``section 45A (relating to possessions employment credit) or'' before ``section 936''. (4) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45A. Possessions employment credit.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years ending on or after February 16, 1993. SEC. 3. EXTENSION AND MODIFICATION OF DEDUCTION OF HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS. (a) 18-Month Extension.--Paragraph (6) of section 162(l) of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self-employed individuals) is amended by striking ``June 30, 1992'' and inserting ``December 31, 1993''. (b) Increase in Amount of Deduction.--Section 162(l)(1) of such Code is amended by striking ``25 percent of''. (c) Conforming Amendment.--Paragraph (2) of section 110(a) of the Tax Extension Act of 1991 is hereby repealed. (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years ending after June 30, 1992. (2) Increase.--The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 1992.

Possessions Wage Credit Act of 1993 - Amends the Internal Revenue Code to allow a possessions employment credit for wages paid or incurred by an employer for services performed by an employee within a possession of the United States, if such employee is a bona fide resident of such possession and is subject to its tax on income from sources within and without such possession. Terminates the Puerto Rico and possession tax credit.

Possessions Wage Credit Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Military Retirement Equity Act of 2003''. SEC. 2. PERMITTING INCLUSION OF PREVIOUS MILITARY SERVICE AS CREDITABLE SERVICE FOR CERTAIN DISTRICT OF COLUMBIA RETIREES. Subsection (c)(8) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-704(h), D.C. Official Code) is amended-- (1) by striking ``(8) Notwithstanding'' and inserting ``(8)(A) Except as provided in subparagraph (B), notwithstanding''; and (2) by adding at the end the following new subparagraph: ``(B)(i)(I) Except as provided in subclause (II), and subject to clause (iv), each member or former member who has performed military service before the date of the separation on which the entitlement to any annuity under this Act is based may elect to retain credit for the service by paying (in accordance with such regulations as the Mayor shall issue) to the office by which the member is employed (or, in the case of a former member, to the appropriate benefits administrator) an amount equal to 7 percent of the amount of the basic pay paid under section 204 of title 37, United States Code, to the member for each period of military service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the member may provide, or, if the Mayor determines sufficient evidence has not been so provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Mayor under clause (iii). Payment of such amount by an active member must be completed prior to the member's date of retirement or October 1, 2006, whichever is later, for the member to retain credit for the service. ``(II) In any case where military service interrupts creditable service under this subsection and reemployment pursuant to chapter 43 of title 38, United States Code, occurs on or after August 1, 1990, the deposit payable under this clause may not exceed the amount that would have been deducted and withheld under this Act from basic pay during the period of creditable service if the member had not performed the period of military service. ``(ii) Any deposit made under clause (i) more than 2 years after the later of-- ``(I) October 1, 2004; or ``(II) the date on which the member making the deposit first becomes a member following the period of military service for which such deposit is due, shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the 2-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under paragraph (5)(B). ``(iii) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Mayor as the Mayor may determine to be necessary for the administration of this subsection. ``(iv) Effective with respect to any period of military service after November 10, 1996, the percentage of basic pay under section 204 of title 37, United States Code, payable under clause (i) shall be equal to the same percentage as would be applicable under subsection (d) of this section for that same period for service as a member subject to clause (i)(II).''. SEC. 3. ADJUSTMENT IN FEDERAL BENEFIT PAYMENTS TO CERTAIN POLICE AND FIRE RETIREES TO TAKE MILITARY SERVICE ADJUSTMENT INTO ACCOUNT. (a) In General.--Section 11012 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 1- 803.02, D.C. Official Code) is amended by adding at the end the following new subsection: ``(f) Treatment of Military Service Credit Purchased by Certain Police and Fire Retirees.--For purposes of subsection (a), in determining the amount of a Federal benefit payment made to an officer or member, the benefit payment to which the officer or member is entitled under the District Retirement Program shall include any amounts which would have been included in the benefit payment under such Program if the amendments made by the District of Columbia Military Retirement Equity Act of 2003 had taken effect prior to the freeze date.''. (b) Conforming Amendment.--Section 11003(5) of such Act (sec. 1- 801.02(5), D.C. Official Code) is amended by inserting ``and (f)'' after ``section 11012(e)''. (c) Effective Date.--The amendments made by this section shall apply with respect to Federal benefit payments made after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on October 8, 2003. The summary of that version is repeated here.) District of Columbia Military Retirement Equity Act of 2003 - (Sec. 2) Amends the Policemen and Firemen's Retirement and Disability Act to permit a member or former member of the District of Columbia Metropolitan Police force, the DC Fire Department, the U.S. Park Police force, and the U.S. Secret Service to count previously performed military service as creditable service for purposes of calculating the retirement annuity payable to such member. Requires the member or former member, in order to qualify for such creditable service, to pay the member's employment office (or former member's appropriate benefits administration) an amount equal to seven percent of the amount of the military basic pay paid to the member for each period of military service after December 1956. Requires payments to be based on evidence of such basic pay or estimates of it, as the Mayor determines. Provides that payment of such amount by an active member must be completed before the member's date of retirement or October 1, 2006, whichever is later, for the member to retain credit for the service. Declares that in any case where military service interrupts such creditable service and reemployment pursuant to Federal employment and reemployment rights of members of the uniformed services occurs on or after August 1, 1990, the deposit may not exceed the amount that would have been deducted and withheld under this Act from basic pay during the period of creditable service if the member had not performed the period of military service. Provides that any such deposit made more than two years after the later of October 1, 2004 or the date on which the member first becomes a member following the period of military service concerned shall include interest computed and compounded annually, beginning on the expiration of the two-year period. Limits the percentage of military basic pay for any period of military service after November 10, 1996, to the same percentage applicable for similarly interrupted creditable service under current law. (Sec. 3) Amends the National Capital Revitalization and Self-Government Improvement Act of 1997 to provide that, in determining the amount of a Federal benefit payment made to an officer or member of the DC Police force or the DC Fire Department, the benefit payment to which the officer or member is entitled under the District Retirement Program shall include any amounts which would have been included under such Program (military service adjustment) if this Act's amendments had taken effect before June 30, 1997 (the freeze date).

To amend the Policemen and Firemen's Retirement and Disability Act to permit military service previously performed by members and former members of the Metropolitan Police Department of the District of Columbia, the Fire Department of the District of Columbia, the United States Park Police, and the United States Secret Service to count as creditable service for purposes of calculating retirement annuities payable to such members upon payment of a contribution by such members, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Newborn Screening Saves Lives Reauthorization Act of 2013''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Improved newborn and child screening and follow-up for heritable disorders. Sec. 3. Evaluating the effectiveness of newborn and child screening and follow-up programs. Sec. 4. Advisory Committee on Heritable Disorders in Newborns and Children. Sec. 5. Clearinghouse of Newborn Screening Information. Sec. 6. Laboratory quality and surveillance. Sec. 7. Interagency Coordinating Committee on Newborn and Child Screening. Sec. 8. National contingency plan for newborn screening. Sec. 9. Hunter Kelly Research Program. Sec. 10. Authorization of appropriations. Sec. 11. Reports to Congress SEC. 2. IMPROVED NEWBORN AND CHILD SCREENING AND FOLLOW-UP FOR HERITABLE DISORDERS. Section 1109 of the Public Health Service Act (42 U.S.C. 300b-8) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``subsection (j)'' and inserting ``section 1117''; and (ii) by striking ``and in consultation with the Advisory Committee'' and inserting ``and taking into consideration the expertise of the Advisory Committee''; (B) in paragraph (2), by striking ``screening and training'' and inserting ``screening, counseling, and training''; (C) in paragraph (3), by striking ``and'' at the end; (D) in paragraph (4)-- (i) by striking ``treatment'' and inserting ``follow-up and treatment''; and (ii) by striking the period and inserting ``; and''; and (E) by adding at the end the following: ``(5) to improve the timely collection, delivery, receipt, and screening of specimens, and the timely diagnosis of heritable disorders in newborns.''; (2) in subsection (h), by striking ``subsection (c)(2)'' each place that such appears and inserting ``subsection (c)''; and (3) by striking subsection (j) (relating to authorization of appropriations). SEC. 3. EVALUATING THE EFFECTIVENESS OF NEWBORN AND CHILD SCREENING AND FOLLOW-UP PROGRAMS. Section 1110 of the Public Health Service Act (42 U.S.C. 300b-9) is amended-- (1) in the section heading, by inserting ``and follow-up'' after ``child screening''; (2) in subsection (a), by striking ``of screening,'' and inserting ``, including with respect to timeliness, of screening, follow-up,''; (3) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``counseling, testing'' and inserting ``treatment, counseling, testing, follow-up,''; and (ii) by inserting before the semicolon the following: ``, including, as appropriate, through the assessment of health and development outcomes for such children through adolescence''; (B) in paragraph (2)-- (i) by striking ``counseling, testing'' and inserting ``treatment, counseling, testing, follow-up,''; and (ii) by striking ``or'' at the end; (C) in paragraph (3), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(4) methods that may be identified to improve quality in the diagnosis, treatment, and disease management of heritable disorders based on gaps in services or care; or ``(5) methods or best practices by which the eligible entities described in section 1109 can achieve the timely collection, delivery, receipt, and screening of newborn screening specimens, and the timely diagnosis of heritable disorders in newborns.''; and (4) by striking subsection (d) (relating to authorization of appropriations). SEC. 4. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. Section 1111 of the Public Health Service Act (42 U.S.C. 300b-10) is amended-- (1) in subsection (b)-- (A) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; (B) by inserting after paragraph (3), the following: ``(4) provide technical assistance, as appropriate, to individuals and organizations regarding the submission of nominations to the uniform screening panel, including prior to the submission of such nominations;''; (C) in paragraph (5) (as so redesignated), by inserting ``, including the cost'' after ``public health impact''; and (D) in paragraph (7) (as so redesignated)-- (i) in subparagraph (A), by striking ``achieve rapid diagnosis'' and inserting ``achieve best practices in rapid diagnosis and appropriate treatment''; (ii) in subparagraph (D), by inserting before the semicolon ``, including information on cost and incidence''; (iii) in subparagraph (J), by striking ``and'' at the end; (iv) in subparagraph (K), by striking the period and inserting ``; and''; and (v) by adding at the end the following: ``(L) the timely collection, delivery, receipt, and screening of specimens to be tested for heritable disorders in newborns in order to ensure rapid diagnosis and follow-up.''; (2) in subsection (d)-- (A) in paragraph (1)-- (i) by striking ``180'' and inserting ``120''; and (ii) by adding at the end the following: ``If the Secretary is unable to make a determination to adopt or reject such recommendation within such 120-day period, the Secretary shall notify the Advisory Committee and the appropriate committees of Congress of such determination together with an explanation for why the Secretary was unable to comply within such 120-day period, as well as a plan of action for consideration of such pending recommendations.''; (B) by striking paragraph (2); (C) by redesignating paragraph (3) as paragraph (2); and (D) by adding at the end the following: ``(3) Deadline for review.--For each nomination to the recommended uniform screening panel, the Advisory Committee on Heritable Disorders in Newborns and Children shall review and vote on the nominated condition within 9 months of the date on which the Advisory Committee referred the nomination to the condition review workgroup.''; (3) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; (4) by inserting after subsection (e) the following new subsection: ``(f) Meetings.--The Advisory Committee shall meet at least 4 times each calendar year, or as subject to the discretion of the Designated Federal Officer in consultation with the Chair.''; (5) in subsection (g) (as so redesignated), by striking ``Newborn Screening Saves Lives Act of 2008'' and inserting ``Newborn Screening Saves Lives Reauthorization Act of 2013''; and (6) by striking subsection (h) (relating to authorization of appropriations), as redesignated by paragraph (3). SEC. 5. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112 of the Public Health Service Act (42 U.S.C. 300b-11) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``; and'' and inserting a semicolon; (B) in paragraph (3)-- (i) by striking ``data'' and inserting ``information''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(4) maintain current information on the number of conditions for which screening is conducted in each State; and ``(5) disseminate available evidence-based guidelines related to diagnosis, counseling, and treatment with respect to conditions detected by newborn screening.''; (2) in subsection (b)(4)(D), by striking ``Newborn Screening Saves Lives Act of 2008'' and inserting ``Newborn Screening Saves Lives Reauthorization Act of 2013''; (3) in subsection (c)-- (A) by striking ``developing the clearinghouse'' and inserting ``carrying out activities''; and (B) by striking ``clearinghouse minimizes'' and inserting ``activities minimize''; and (4) by striking subsection (d) (relating to authorization of appropriations). SEC. 6. LABORATORY QUALITY AND SURVEILLANCE. Section 1113 of the Public Health Service Act (42 U.S.C. 300b-12) is amended-- (1) in the section heading, by inserting ``and surveillance'' before the period; (2) in subsection (a)-- (A) by striking the subsection enumerator and heading; (B) in the matter preceding paragraph (1), by striking ``and in consultation with the Advisory Committee'' and inserting ``and taking into consideration the expertise of the Advisory Committee''; (C) in paragraph (1)-- (i) by inserting ``timeliness for processing such tests,'' after ``newborn screening tests''; and (ii) by striking ``and'' at the end; and (D) in paragraph (2), by striking the period and inserting ``; and''; and (3) by striking subsection (b) (relating to authorization of appropriations) and inserting the following: ``(b) Surveillance Activities.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and taking into consideration the expertise of the Advisory Committee on Heritable Disorders in Newborns and Children established under section 1111, may provide, as appropriate, for the coordination of surveillance activities, including-- ``(1) through standardized data collection and reporting, as well as the use of electronic health records; and ``(2) by promoting data sharing regarding newborn screening with State-based birth defects and developmental disabilities monitoring programs.''. SEC. 7. INTERAGENCY COORDINATING COMMITTEE ON NEWBORN AND CHILD SCREENING. Section 1114 of the Public Health Service Act (42 U.S.C. 300b-13) is amended-- (1) in subsection (c), by striking ``the Administrator, the Director of the Agency for Healthcare Research and Quality'' and inserting ``the Administrator of the Health Resources and Services Administration, the Director of the Agency for Healthcare Research and Quality, the Commissioner of Food and Drugs,''; and (2) by striking subsection (e) (relating to authorization of appropriations). SEC. 8. NATIONAL CONTINGENCY PLAN FOR NEWBORN SCREENING. Section 1115(a) of the Public Health Service Act (42 U.S.C. 300b- 14(a)) is amended by adding at the end the following: ``The plan shall be updated as needed and at least every five years.''. SEC. 9. HUNTER KELLY RESEARCH PROGRAM. Section 1116(a)(1) of the Public Health Service Act (42 U.S.C. 300b-15(a)(1)) is amended-- (1) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (2) by redesignating subparagraph (C) as subparagraph (E); and (3) by inserting after subparagraph (B) the following: ``(C) by providing research findings and data for newborn conditions under review by the Advisory Committee on Heritable Disorders in Newborns and Children to be added to the recommended uniform screening panel; ``(D) conducting pilot studies on conditions recommended by the Advisory Committee on Heritable Disorders in Newborns and Children to ensure that screenings are ready for nationwide implementation; and''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Part A of title XI of the Public Health Service Act is amended by adding at the end, the following: ``SEC. 1117. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. ``There are authorized to be appropriated-- ``(1) to carry out sections 1109, 1110, 1111, and 1112, $18,334,000 for each of fiscal years 2014 through 2018; and ``(2) to carry out section 1113, $7,500,000 for each of fiscal years 2014 through 2018.''. SEC. 11. REPORTS TO CONGRESS. (a) GAO Report on Timeliness of Newborn Screening.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Health, Education, Labor and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives concerning the timeliness of screening for heritable disorders in newborns. (2) Contents.--The report submitted under paragraph (1) shall include the following: (A) An analysis of information regarding the timeliness of newborn screening, which may include the time elapsed from birth to specimen collection, specimen collection to receipt by laboratory, specimen receipt to reporting, reporting to follow-up testing, and follow-up testing to confirmed diagnosis. (B) A summary of any guidelines, recommendations, or best practices available to States and health care providers intended to support a timely newborn screening system. (C) An analysis of any barriers to maintaining a timely newborn screening system which may exist and recommendations for addressing such barriers. (b) Report by Secretary.-- (1) In general.--The Secretary of Health and Human Services shall-- (A) not later than 1 year after the date of enactment of the Newborn Screening Saves Lives Reauthorization Act of 2013, submit to the Committee on Health, Education, Labor and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on activities related to-- (i) newborn screening; and (ii) screening children who have or are at risk for heritable disorders; and (B) not less than every 2 years, shall submit to such committees an updated version of such report. (2) Contents.--The report submitted under this subsection shall contain a description of-- (A) the ongoing activities under sections 1109, 1110, and 1112 through 1115 of the Public Health Service Act; and (B) the amounts expended on such activities. Passed the Senate January 29, 2014. Attest: NANCY ERICKSON, Secretary.

(This measure has not been amended since it was reported to the Senate on December 19, 2013. Newborn Screening Saves Lives Reauthorization Act of 2013 - (Sec. 2) Amends the Public Health Service Act to extend through FY2018 a grant program for newborn and child screening programs for heritable disorders. Includes the improvement of the timely collection, delivery, and receipts, and screening of specimens, and the timely diagnosis of heritable disorders in newborns as a permissible use of grant funds. (Sec. 3) Extends through FY2018 a demonstration program to evaluate the effectiveness of screening, follow-up, counseling or health care services in reducing the morbidity and mortality caused by heritable disorders in newborn and children. Permits the program to also evaluate and assess: (1) methods to improve quality in the diagnosis, treatment, and disease management of heritable disorders based on gaps in services or care; and (2) methods or best practices by which states or political subdivisions of a state, territories, Indian health care facilities or programs, or any entity with appropriate expertise in newborn screening can achieve the timely collection, delivery, receipt, and screening of newborn screening specimens, and the timely diagnosis of heritable disorders in newborns. (Sec. 4) Reauthorizes through FY2018 and extends for five years the operation of the Advisory Committee on Heritable Disorders in Newborns and Children. Expands the duties of the Advisory Committee to include providing technical assistance to individuals and organizations regarding the submission of nominations to the uniform screening panel. Requires the Advisory Committee to give recommendations, advice, or information to the Secretary of Health and Human Services (HHS) on the timely collection, delivery, receipt, and screening of specimens to be tested for heritable disorders in newborns. Revises the process for the Secretary to consider the Advisory Committee's recommendations. Requires the Advisory Committee to meet at least four times per year. (Sec. 5) Extends through FY2018 the Newborn Screening Clearinghouse of current education and family support and services information, materials, resources, research, and data on newborn screening. (Sec. 6) Extends through FY2018 a quality assurance program requiring the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to provide for quality assurance of laboratories involved in screening for heritable disorders. Authorizes the Secretary, acting through the Director, to also provide for the coordination of surveillance activities. (Sec. 7) Makes the Interagency Coordinating Committee on Newborn and Child Screening permanent. Includes the Commissioner of Food and Drugs (FDA) as a member of the Interagency Committee. (Sec. 8) Requires the national contingency plan for newborn screening to be updated at least every five years. (Sec. 9) Allows the expansion of the Hunter Kelly Newborn Screening Research Program to include: (1) providing research findings and data for newborn conditions under review by the Advisory Committee to be added to the recommended uniform screening panel, and (2) conducting pilot studies on conditions recommended by the Advisory Committee to ensure that the screenings are ready for nationwide implementation. (Sec. 11) Requires the Comptroller General to report to the relevant congressional committees on the timeliness of screening for heritable disorders in newborns. Requires the Secretary to report to the relevant congressional committees biennially on activities related to newborn screening and screening children who have or are at risk for heritable disorders.

Newborn Screening Saves Lives Reauthorization Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Vulnerable and Displaced Iraqis Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since the beginning of the 2003 war in Iraq, according to countries hosting Iraqi refugees, up to 2,000,000 Iraqis have fled their homes for neighboring countries to avoid sectarian and other violence. (2) According to the Office of the United Nations High Commissioner for Refugees (UNHCR), there are over 2,700,000 internally displaced persons (IDPs) in Iraq, and many other vulnerable Iraqis have been unable to flee, many lacking adequate food, shelter, and other basic services. (3) The massive flow of Iraqi refugees into neighboring host countries has overwhelmed existing social, economic, and security capacities of such countries. Few Iraqis currently consider return to Iraq an option. (4) Increasing poverty and despair among displaced populations may provide fertile ground for possible recruitment by extremist groups. (5) The humanitarian crisis in Iraq and its neighbors threatens to undermine stability in the broader region. (6) The United States has yet to disclose a long-term comprehensive strategy to address the humanitarian situation of vulnerable Iraqis, especially mass displacement of Iraqis inside Iraq and as refugees into neighboring countries. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) refugees from Iraq and vulnerable Iraqis in Iraq, especially internally displaced persons, will have an impact on the stability of Iraq and the region, and the short- and long- term effects and needs of their situation must be considered within the overall Iraq policy of the United States and be addressed at the highest levels of government; (2) United States leadership is essential to sustain and expand the response of the international community, including the Government of Iraq, to the humanitarian crisis in Iraq and faced by Iraqi refugees; (3) it is critical for the United States to provide strong leadership on funding assistance requests from the UNHCR and other international organizations and nongovernmental organizations providing humanitarian assistance to vulnerable populations in Iraq, including internally displaced persons, and to Iraqi refugees in neighboring countries; (4) the United States should develop a long-term, comprehensive humanitarian strategy in coordination with the Government of Iraq, host countries, and other countries in the region, donor governments, inter-governmental organizations, international organizations, and nongovernmental organizations to meet the humanitarian needs of vulnerable Iraqis, especially Iraqi refugees and internally displaced persons, through assistance and resettlement; (5) internally displaced Iraqis and Iraqi refugees should only return when they are able to do so safely, voluntarily, and sustainably; and (6) the United States should rely on assessments of the UNHCR, which has the mandate from the international community for displaced people, nongovernmental organizations, and displaced Iraqis themselves, in developing a long-term, comprehensive humanitarian strategy to address the crisis facing refugees from Iraq and internally displaced persons in Iraq. SEC. 4. DEVELOPMENT OF REGIONAL STRATEGY. (a) In General.--The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Secretary of Defense, and the heads of other Federal agencies as appropriate, shall develop a comprehensive regional strategy to address the mass displacement of Iraqis inside Iraq and as refugees into neighboring countries. (b) Content.--The strategy required under subsection (a) shall-- (1) address the serious challenges facing refugees from Iraq, including-- (A) the lack of legal status recognized by host governments and the inability of refugees to work legally; (B) inadequate UNHCR resources to register more refugees from Iraq, assist them in Iraq and host countries, and refer them for resettlement; (C) inadequate UNHCR resources for nongovernmental organizations to assist refugees from Iraq; (D) limited access to education and healthcare; (E) critical food shortages; and (F) inadequate shelter, drinking water, sanitation, and protection; (2) address the responsibility of the Government of Iraq to help meet the urgent humanitarian needs of its citizens in Iraq and the region and steps the United States can take to provide support in this area; (3) include an assessment of the needs of vulnerable Iraqis in Iraq, especially internally displaced persons and Iraqi refugees in the region, and an estimate of assistance required in order for the United States to help meet these needs, including bilateral assistance and contributions to the Office of the United Nations High Commissioner for Refugees (UNHCR), other international organizations, and nongovernmental organizations providing humanitarian assistance to vulnerable populations in Iraq, including internally displaced persons, and to Iraqi refugees in neighboring countries; (4) include the number of refugees from Iraq that the United States plans to admit to and resettle in the United States in order to maintain the traditional United States share of world-wide refugee admissions and resettlement, participate in burden sharing with host countries, and provide a robust response to the protection needs of refugees from Iraq, and provide an explanation and justification for the number; (5) include an assessment of what conditions are necessary for the voluntary, safe, sustainable return of displaced Iraqis, relying on the evaluations of the United States High Commissioner for Refugees, nongovernmental organizations, and displaced Iraqis themselves; (6) include a description of the steps that the United States Government has taken and will take to engage the international community, including the Government of Iraq, to implement the strategy and the response of the international community to these efforts; and (7) include plans to assess the impact of the strategy. SEC. 5. REPORTS. (a) Recommendations.--Not later than April 15, 2009, the Comptroller General of the United States shall submit to the appropriate congressional committees detailed recommendations on steps the United States can take to address the humanitarian situation for vulnerable Iraqis, especially the mass displacement of Iraqis inside Iraq and as refugees into neighboring countries. (b) Comprehensive Regional Strategy.--Not later than June 1, 2009, the Secretary of State shall submit to the appropriate congressional committees a detailed description of the comprehensive regional strategy required under section 4, as well as proposed timelines and budgets for implementing the strategy. (c) Annual Report.--Not later than December 31, 2009, and annually thereafter until December 31, 2013, the Secretary of State shall submit a report to Congress on the needs of vulnerable Iraqis, the implementation of the comprehensive regional strategy, and the impact of the regional strategy. SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

Support for Vulnerable and Displaced Iraqis Act of 2008 - Directs the Secretary of State to develop a comprehensive regional strategy to address the mass displacement of Iraqis inside Iraq and as refugees into neighboring countries. Requires that such strategy: (1) address the challenges facing Iraqi refugees; (2) address the government of Iraq's responsibility to help meet the humanitarian needs of its citizens in Iraq and the region and related U.S. support; (3) assess the needs of vulnerable Iraqis in Iraq, especially internally displaced persons and Iraqi refugees in the region; (4) include the number of refugees from Iraq that the United States plans to resettle in the United States; (5) describe U.S. government steps to engage the international community and the government of Iraq in implementing such strategy; and (6) include plans to assess the strategy's impact.

A bill to address the ongoing humanitarian crisis in Iraq and potential security breakdown resulting from the mass displacement of Iraqis inside Iraq and as refugees into neighboring countries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Advisory Commission on Alternative Routes to Teacher Certification Act of 2001''. SEC. 2. PURPOSE. The purpose of this Act is to establish a commission to study, and report to the Congress recommendations on, how the States might improve and expand their systems for alternative certification of teachers. The Commission is also to make recommendations on the appropriate steps the Federal Government might take in fostering improvement and expansion of States' alternative certification programs for teachers. SEC. 3. FINDINGS. The Congress finds the following: (1) Interest among the States in providing alternate routes for certifying teachers is escalating. (2) In 1998 and 1999 alone, States developed 10 new alternate route programs. In the past 2 years, 14 States have passed, introduced, or plan to introduce, new legislation to establish alternative programs for the preparation and certification of individuals who have a bachelor's degree and want to become teachers. (3) More than 125,000 individuals have been certified through alternative routes. In 1998 and 1999, more than 24,000 teachers were certified through alternative routes in just the 28 States that collected these data. (4) 40 States have some type of alternative to going back to college and majoring in education in order to become a teacher. The States currently report 115 such programs. (5) People from all walks of life are stepping forward to meet the projected demand for teachers. Many of these individuals already have at least a bachelor's degree, and for these individuals, the old model of training teachers in undergraduate education programs is not practical. States are aggressively meeting the challenge by creating new training and licensing avenues for people to enter the teaching profession. (6) These alternative teacher certification routes provide opportunities for people from various educational backgrounds and walks of life to become teachers. They have opened doors to teaching for persons switching careers, leaving the military, and graduating from liberal arts colleges. They have also provided opportunities for former teachers who want to upgrade their credentials and get back into teaching and for people who trained to teach years ago but never did. (7) In 1999, 36 States reported that they had programs targeted specifically to bring into the teaching profession individuals from careers other than education, the individuals formerly in the military, retirees, liberal arts graduates, and others. (8) Compared with recent college graduates who come into teaching directly from a traditional teacher preparation program, those entering teaching through alternate routes-- (A) have degrees with majors in subjects other than education; (B) are more likely to have work experience in occupations other than education; (C) tend to be older; (D) are more likely to be people of color; and (E) are more likely to be men. (9) Those entering teaching through alternate routes are more likely to teach where job demand is greatest, such as in inner cities and outlying rural areas, and in high-demand subject areas. SEC. 4. ESTABLISHMENT OF A NATIONAL ADVISORY COMMISSION ON ALTERNATIVE ROUTES TO TEACHER CERTIFICATION. (a) In General.--There is established within the executive branch a National Advisory Commission on Alternative Routes to Teacher Certification (in this Act referred to as the ``Commission''), comprised of 10 members to be appointed by the Secretary of Education. The membership of the Commission shall be as follows: (1) 2 members who currently serve as college professors in schools of education. (2) 2 members who currently serve as State teacher licensure officials. (3) 2 members who currently serve as classroom teachers. (4) 2 members who serve as superintendents or comparable local educational agency officials. (5) 2 members who have special expertise in the alternative certification of teachers, including individuals currently involved in providing alternative routes to teaching and certification. (b) Sense of Congress.--It is the sense of the Congress that the Secretary of Education should draw from a number of important areas of expertise in appointing the Commission, including various experts familiar with the issue of teacher licensure and, in particular, alternative teacher certification. (c) Appointments.--Appointments to the Commission shall be made not later than 45 days after the date of the enactment of this Act. SEC. 5. RULES OF THE COMMISSION. (a) Quorum.--5 members of the Commission shall constitute a quorum for conducting the business of the Commission. (b) Initial Meeting.--If, 60 days after the date of the enactment of this Act, 5 or more members of the Commission have been appointed, members who have been appointed may meet and select the Chair (or Co- chairs) who thereafter shall have the authority to begin the operations of the Commission, including the hiring of staff. (c) Rules.--The Commission may adopt such other rules as it considers appropriate. (d) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any meeting of the Commission or any subcommittee thereof may be held in executive session to the extent that the Chair (Co-Chairs, if elected) or a majority of the members of the Commission or subcommittee determine appropriate. (e) Continuation of Membership.--If any individual is appointed to the Commission by virtue of holding a position described in section 4(a), and ceases to hold such position before the report of the Commission is submitted, such individual may continue as a member of the Commission for not longer than the 30-day period beginning on the date that such individual ceases to hold such position. SEC. 6. DUTIES OF THE COMMISSION. (a) In General.--The duties of the Commission shall include the following: (1) To conduct, for a period of not to exceed 18 months from the date of its first meeting, the review described in subsection (b). (2) To submit to the Congress a report of the results of such review, including recommendations for revisions to the Elementary and Secondary Education Act of 1965 and the Higher Education Act of 1965. (b) Review and Issuing Proposals.--The Commission shall review all existing and proposed programs for alternative teacher certification in the various States and ascertain which programs work best in terms of hiring and retaining highly qualified teachers, including professionals seeking a second career in teaching, and, when applicable, issue proposals and recommendations on the components of highly effective alternative teacher certification programs and ways for States to develop and implement such programs. The Commission shall also make recommendations concerning the appropriate measures that might be undertaken by the Federal Government to improve and expand alternative certification programs in the States, including recommendations for legislative changes to the Elementary and Secondary Education Act of 1965 and the Higher Education Act of 1965. SEC. 7. POWERS OF THE COMMISSION. (a) In General.--The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths, as the Commission or such designated subcommittee or designated member may deem advisable. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Assistance From Federal Agencies and Offices.-- (1) Information.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, as well as from any committee or other office of the legislative branch, such information, suggestions, estimates, and statistics as it requires for the purposes of its review and report. Each such department, bureau, agency, board, commission, office, establishment, instrumentality, or committee shall, to the extent not prohibited by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chair (Co-chairs, if elected). (2) Department of education.--The Secretary of Education is authorized on a nonreimbursable basis to provide the Commission with administrative services, funds, facilities, staff, and other support services for the performance of the Commission's functions. (3) General services administration.--The Administrator of General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request. (4) Other assistance.--In addition to the assistance set forth in paragraphs (1) through (3), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may deem advisable and as may be authorized by law. (5) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (6) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property in carrying out its duties under this Act. SEC. 8. STAFF OF THE COMMISSION. (a) In General.--The Chair (Co-Chairs, if elected), in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions 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 or chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (b) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.-- (1) In general.--Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (2) Exception.--Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay on account of their service on the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. REPORT OF THE COMMISSION; TERMINATION. (a) Report.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. The report of the Commission shall describe the results of its review under section 6(b), shall make the recommendations for revisions to the Elementary and Secondary Education Act of 1965 and the Higher Education Act of 1965 referred to section 6(a)(2), and shall such make recommendations to State departments of education as the Commission considers appropriate. (b) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate on the date that is 90 days after the date on which the report is required to be submitted under subsection (a). (2) Concluding activities.--The Commission may use the 90- day period referred to in paragraph (1) for the purposes of concluding its activities, including providing testimony to committees of the Congress concerning its report and disseminating such report.

National Advisory Commission on Alternative Routes to Teacher Certification Act of 2001 - Establishes within the executive branch a National Advisory Commission on Alternative Routes to Teacher Certification to study and report to Congress on how the States might improve and expand their systems for alternative certification of teachers, including recommendations on how the Federal Government might foster State alternative certification programs.

To provide for the establishment of a commission to review and make recommendations to the Congress and the States on alternative and nontraditional routes to teacher certification.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Academic Facilities and Environments for Tribal Youth Act'' or the ``SAFETY Act''. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of the Interior. (2) Indian.--The term ``Indian'' means a member of an Indian tribe. (3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION PROGRAM. (a) Definitions.--In this section: (1) Construction of replacement tribal school.--The term ``construction of a replacement tribal school'' includes the construction or renovation of-- (A) 1 or more facilities of that school; or (B) the entire campus of that school. (2) Demonstration program.--The term ``demonstration program'' means the Tribal School Construction Demonstration Program carried out under subsection (b). (3) Eligible indian tribe.--The term ``eligible Indian tribe'' means an Indian tribe that submits an application that is approved by the Secretary under subsection (b)(4). (4) Tribal school.--The term ``tribal school'' means-- (A) a school operated by the Bureau of Indian Affairs; (B) a school operated pursuant to the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and (C) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)). (b) Demonstration Program.-- (1) In general.--The Secretary shall carry out a demonstration program to be known as the ``Tribal School Construction Demonstration Program'' for fiscal years 2017 through 2021, to provide grants to eligible Indian tribes for the construction of replacement tribal schools. (2) Purposes.--The purposes of the demonstration program shall be-- (A) to provide additional Indian tribes fair opportunities to construct replacement tribal schools; (B) to accelerate construction of needed educational facilities in Indian country; and (C) to permit additional funds to be provided for the priority list of the Department for construction of replacement tribal schools. (3) Grant recipients.-- (A) In general.--In carrying out the demonstration program, subject to the availability of appropriations, the Secretary shall award a grant to each eligible Indian tribe. (B) Priority.--The Secretary shall ensure that an eligible Indian tribe currently on the priority list of the Department for construction of replacement tribal schools receives the highest priority for a grant under this section. (4) Grant applications.--An application for a grant under the section shall-- (A) include a proposal for the construction of a replacement tribal school of the Indian tribe that submits the application; and (B) be in such form as the Secretary determines appropriate. (5) Grant agreement.--As a condition of receiving a grant under this section, the eligible Indian tribe shall enter into an agreement with the Secretary that specifies-- (A) the costs of construction under the grant; (B) that the Indian tribe shall be required to contribute towards the cost of the construction a tribal share equal to at least 25 percent of the cost; and (C) any other term or condition that the Secretary determines to be appropriate. (c) Effect of Grant.--A grant received under this section-- (1) shall be in addition to any other funds received by an Indian tribe under any other provision of law; and (2) shall not affect the eligibility of an Indian tribe receiving funding, or the amount of funding received by the Indian tribe, under-- (A) the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.); or (B) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). (d) Report.--At the conclusion of the demonstration program, the Secretary shall submit to Congress a report on whether the demonstration program has achieved the purposes of the demonstration program, as described in subsection (b)(2). SEC. 4. FUNDING FOR TRIBAL COLLEGES CONSTRUCTION. Section 113 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1813) is amended to read as follows: ``SEC. 113. CONSTRUCTION OF NEW FACILITIES. ``(a) Definitions.--In this section: ``(1) Construction.--The term `construction' includes any effort to address the facility construction, maintenance, renovation, reconstruction, and replacement needs of a Tribal College or University. ``(2) Tribal college or university.--The term `Tribal College or University' has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). ``(b) Grants.--With respect to any eligible Tribal College or University that identifies a need for construction, the Secretary shall, subject to the availability of appropriations, provide grants for the construction in accordance with this section. ``(c) Application.--Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Eligible Activities.--Activities eligible for a grant under this section shall be activities that address a wide variety of facilities and infrastructure needs, including-- ``(1) building of new facilities, including-- ``(A) classrooms; ``(B) administrative offices; ``(C) libraries; ``(D) health and cultural centers; ``(E) day care centers; ``(F) technology centers; and ``(G) other education-related facilities; ``(2) renovating or expanding existing or acquired facilities; ``(3) providing existing facilities with equipment, including-- ``(A) laboratory equipment; ``(B) computer infrastructure and equipment; ``(C) library books; and ``(D) furniture; and ``(4) property acquisition. ``(e) No Matching Requirement.--A recipient of a grant under this section shall not be required to make a matching contribution for Federal amounts received. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2017 through 2021.''. SEC. 5. HOUSING ASSISTANCE FOR EDUCATORS IN SCHOOLS WITH INDIAN STUDENTS. Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by adding at the end the following: ``SEC. 545. HOUSING ASSISTANCE FOR EDUCATORS IN SCHOOLS WITH INDIAN STUDENTS. ``(a) Definitions.--In this section-- ``(1) the term `covered educator' means an individual who is employed full-time as a teacher, principal, administrator, or other licensed professional educator by a covered school; ``(2) the term `covered school' means-- ``(A) a school operated by the Bureau of Indian Affairs; ``(B) a school operated pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); ``(C) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)); and ``(D) a public elementary school or secondary school in which not less than 25 percent of the students are Indian students; ``(3) the terms `elementary school' and `secondary school' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965; and ``(4) the term `eligible applicant' means-- ``(A) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); ``(B) an Indian organization (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)); or ``(C) a tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)). ``(b) Grant Program.--The Secretary may award grants to eligible applicants to construct, including by reconstructing, renovating, and repairing, and provide housing to covered educators in rural areas. ``(c) Application.--Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Non-Federal Share.--A recipient of a grant under this section shall not be required to obtain or provide a non-Federal share in order to receive assistance under this section. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for fiscal year 2017 and each fiscal year thereafter.''. SEC. 6. BIE AND OMB PLAN. (a) In General.--The Bureau of Indian Education and the Office of Management and Budget shall jointly develop a 10-year plan to bring up to good condition, as determined by the facilities evaluation process of the Department of the Interior, in compliance with all applicable tribal requirements all of the following Bureau of Indian Education school facilities: (1) An elementary or secondary day or boarding school operated by the Bureau of Indian Education. (2) A school operated pursuant to the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.). (3) A tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)). (4) A dormitory operated by the Bureau of Indian Education for students attending a school other than a school specified in paragraphs (1) through (3). (b) Inclusions.--The plan developed under subsection (a) shall include-- (1) proposed budget requests and timelines; and (2) additional factors such as increasing enrollment capacities. (c) Effect.--For the purpose of developing the plan under subsection (a) only, section 1125(a)(5) of the Education Amendments of 1978 (25 U.S.C. 2005(a)(5)) shall not apply. (d) Report.--As soon as practicable after completion of the plan developed under subsection (a), the Secretary shall submit a report describing the plan to-- (1) the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the Senate; (2) the Committee on Indian Affairs of the Senate; (3) the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the House of Representatives; and (4) the Committee on Natural Resources of the House of Representatives. SEC. 7. GAO REPORT. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a comprehensive report describing the implementation of section 8007 of the Elementary and Secondary Education Act of 1965 (as in effect on December 9, 2015), for fiscal years preceding fiscal year 2017, and section 7007 of the Elementary and Secondary Education Act of 1965 (as in effect for fiscal year 2017), for fiscal year 2017 and subsequent fiscal years, that-- (1) evaluates the adequacy of the distribution of payments between subparagraphs (A) and (B) of subsection (a)(3) of those sections; (2) evaluates unmet need; and (3) determines the age, condition, and remaining utility of school facilities (as the term is defined in section 7013 of that Act (as in effect for fiscal year 2017)) for those local educational agencies enrolling students described in section 7003(a)(1)(C) of that Act (as so in effect) that are eligible to receive a basic support payment under-- (A) section 8003(b) of that Act (as in effect on December 9, 2015) for fiscal years preceding fiscal year 2017; and (B) section 7003(b) of that Act (as in effect for fiscal year 2017) for fiscal year 2017 and subsequent fiscal years.

Safe Academic Facilities and Environments for Tribal Youth Act or the SAFETY Act This bill directs the Department of the Interior to carry out a Tribal School Construction Demonstration Program to award grants to Indian tribes for the construction of replacement tribal schools. The program provides additional funding and opportunities for tribes to construct schools. Tribes on the Interior priority list for construction of tribal schools receive the highest priority for a grant under this program. This bill amends the Tribally Controlled Colleges and Universities Assistance Act of 1978 to revise the grant program for construction at tribal colleges and universities. The bill eliminates the requirements for Interior to identify the need for construction and tribal colleges and universities to provide matching funds. Restrictions on grant amounts and the use of constructed facilities are removed. This bill amends the Housing Act of 1949 to authorize the Department of Agriculture to award grants to Indian tribes, tribal organizations, and tribal housing entities for the construction or renovation of housing in rural areas for educators at Indian schools and schools where at least 25% of the students are Indian. The Bureau of Indian Education and the Office of Management and Budget must develop a 10-year plan to bring up to good condition certain Bureau of Indian Education school facilities. The Government Accountability Office must report on Impact Aid for construction provided to local education agencies impacted by military dependent children and children who reside on Indian lands.

SAFETY Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Services Improvement Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) historically, Federal programs have addressed the Nation's problems by providing categorical financial assistance with detailed requirements relating to the use of funds; (2) while the assistance described in paragraph (1) has been directed at critical problems, some program requirements may inadvertently impede the effective delivery of services, and the Federal government should exercise leadership in eliminating these impediments; (3) the Nation's state, local, and tribal governments and private, nonprofit organizations are dealing with increasingly complex problems that require the coordinated delivery of many kinds of services; (4) the Nation's communities are diverse, and different needs are present in different communities; and (5) it is more important than ever for the Federal Government to-- (A) review, coordinate, and rationalize rules, regulations and policies governing the range of Federal financial assistance programs; (B) reduce the barriers between programs that impede state, local, and tribal governments' ability to deliver services in a coordinated and effective manner; and (C) promote more effective and efficient local delivery of services. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) remove Federal impediments to coordination of service delivery; (2) enable more efficient use of Federal, State, and local resources through program coordination and reduction of regulation; (3) facilitate cooperation among and coordination of programs operated by state, local, and tribal governments and private, nonprofit organizations; and (4) place less emphasis in Federal service programs on measuring resources and procedures and more emphasis on accountability for achieving policy goals. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``eligible Federal financial assistance program''-- (A) means a Federal program under which financial assistance is available, directly or indirectly, to a State, local, or tribal government or a qualified organization to carry out a specified program; (B) does not include a Federal program under which financial assistance is provided by the Federal Government directly to a beneficiary of that financial assistance, or to a State to provide financial or food voucher assistance directly to a beneficiary (but may include administrative costs for such a program if administrative funding levels are set separately from benefit funding by law or regulation); (C) includes the services portion of a program that provides both direct cash payments and services; and (D) does not include a direct spending program (as defined under the Budget Enforcement Act of 1990 (2 U.S.C. 900(c)(8)). (2) the term ``eligible State, local, or tribal government'' means a State, local, or tribal government that is eligible to receive financial assistance under one or more eligible Federal financial assistance programs; (3) the term ``local government'' means-- (A) a subdivision of a State that is a unit of general local government (as defined under section 6501 of title 31, United States Code); (B) any combination of political subdivisions described in subparagraph (A) recognized by the Council; and (C) local education agencies (as defined under section 8801(18) of title 20, United States Code); (4) the term ``qualified organization'' means a private, nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986; (5) the term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, American Samoa, Guam, and the Virgin Islands; (6) the term ``qualified consortium'' means a group that-- (A) is composed of any combination of qualified organizations, State agencies, or local agencies that receive federally appropriated funds, and (B) includes representatives from not less than three organizations providing services in not less than three of the following areas: (i) Education. (ii) Head Start. (iii) Child care. (iv) Family support and preservation. (v) Maternal and child health. (vi) Job training. (vii) Housing. (viii) Nutrition. (ix) Juvenile justice. (x) Drug abuse prevention and treatment; and (7) the term ``tribal government'' means the governing entity of an Indian tribe as defined in the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a), and any amendments to such Act. SEC. 5. ESTABLISHMENT OF FEDERAL COORDINATION COUNCIL. (a) The President shall designate a Federal Coordination Council, in this Act referred to as ``Council'', composed of the following: (1) The Secretary of the Treasury. (2) The Attorney General. (3) The Secretary of the Interior. (4) The Secretary of Agriculture. (5) The Secretary of Commerce. (6) The Secretary of Labor. (7) The Secretary of Health and Human Services. (8) The Secretary of Housing and Urban Development. (9) The Secretary of Transportation. (10) The Secretary of Education. (11) The Secretary of Energy. (12) The Secretary of Veterans Affairs. (13) The Secretary of Defense. (14) The Director of the Federal Emergency Management Agency. (15) The Administrator of the Environmental Protection Agency. (16) The Director of National Drug Control Policy. (17) The Administrator of the Small Business Administration. (18) The Director of the Office of Management and Budget. (19) The Administrator of the General Services Administration. (20) The Chair, Council of Economic Advisers. (21) The Assistant to the President for Domestic Policy. (22) The Assistant to the President for Economic Policy. (23) Any additional members appointed at the discretion of the President. (b) The President shall designate the Chair of the Council from among the members of the Council. (c) The Council shall perform the following functions: (1) Review regulations governing eligible Federal financial assistance programs in the areas listed in section 4(1)(A) and identify more efficient operation and coordination of such programs. (2) Coordinate and assist Federal agencies in eliminating, revising, and coordinating regulations, including regulations with respect to the blending of funds. (3) Coordinate and assist Federal agencies in creating an application to be used to apply for assistance from eligible Federal financial assistance programs in the areas listed in section 4(1)(A). (4) Coordinate and assist Federal agencies in creating a release form to be used by a client to authorize or prohibit service providers, including schools, from sharing information across eligible Federal financial assistance programs. (5) Coordinate and assist agencies in creating a system wherein an organization or consortium of organizations may use one proposal to apply for funding from multiple eligible Federal financial assistance programs. (6) Evaluate current performance standards and evaluation criteria for eligible Federal financial assistance programs, and make specific recommendations to Federal agencies regarding how to revise such standards and criteria in order to establish specific and measurable performance and outcome measures by which program success may be judged and future funding decisions made. (7) Ensure that Federal grants program criteria award priority funding to qualified consortia. (8) Establish interagency teams comprised of staff from the agencies that administer the covered federal financial assistance programs to provide training and technical assistance to assist program coordination. (9) Establish interagency teams to provide outcome-based, cross-program evaluation of coordinated programs. (10) Identify not less than ten qualified consortia to participate in a demonstration program to determine the benefits of the following accountability procedures: (A) The qualified consortium shall select program goals from a set of specific and measurable goals identified by the State in which the members of the consortium are located. (B) The qualified consortium shall develop a flexibility and coordination plan to describe-- (i) how the consortium will attain these goals; (ii) how performance will be measured; and (iii) how the consortium will identify subgroups within the community, and collect and maintain data to measure the impact of the plan on individuals, the subgroups, and the community. SEC. 6. INCENTIVES TO FORM CONSORTIA. (a) Notwithstanding any other provision of law, members of a qualified consortium shall be exempted, without any waiver application or approval, but subject to prior notification to the agency administering the affected Federal assistance programs, from meeting requirements or providing services which are met or performed by another member of the consortium, so long as the standards of the requirement or service are met by that other member of the consortium. (b) Any funds which each individual program saves from the program coordination described in subsection (a) may be retained by the consortium in a flexible account. Flexible account funds may be used to expand, improve, or otherwise augment services provided by the consortium, consistent with the intent of Federal programs managed by consortium members, including data systems development and joint professional development with staff from other consortium members. (c) Any agency or organization that is a member of a consortium may at its discretion set aside a maximum of 10 percent of its Federal funds in the flexible account described in subsection (b). (d) The flexible account described in subsection (b) shall be administered in accordance with a memorandum of understanding agreed to by each member of the consortium. (e) The Federal agencies with jurisdiction over Federal financial assistance programs included in a consortium may designate a cognizant agency to audit flexible fund expenditures.

Family Services Improvement Act of 1996 - Directs the President to designate a Federal Coordination Council composed of various specified cabinet secretaries and other Federal agency heads to perform a variety of specified functions for the stated purposes of: (1) removing Federal impediments to coordination of service delivery; (2) enabling more efficient use of Federal, State, and local resources through program coordination and reduction of regulation; (3) facilitating cooperation among and coordination of programs operated by State, local, and tribal governments and private, nonprofit organizations; (4) identifying at least ten qualified consortia of such organizations and State or local agencies that receive federally appropriated funds, together with representatives of specified services, to participate in a demonstration program to determine the benefits of specified accountability procedures; and (5) placing less emphasis in Federal service programs on measuring resources and procedures and more emphasis on accountability for achieving policy goals.

Family Services Improvement Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Recovery Act of 2005''. SEC. 2. PUBLIC ASSISTANCE ALLOWABLE COSTS. (a) In General.--Subject to the requirements of this section, and notwithstanding any other provision of law, the President may provide assistance under sections 402 and 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a; 5170b) to an eligible State or local government to provide reimbursement for expenses incurred by the State or local government, in the period beginning January 1, 2006, and ending June 30, 2006, for the base pay and overtime expenses of employees (including employees provided by contract or mutual aid agreements) who provide essential governmental services for response and recovery operations with respect to disaster declarations made for Hurricane Katrina and Hurricane Rita on or after August 29, 2005. (b) Eligibility.--A State or local government shall be eligible for assistance under subsection (a) if the State or local government demonstrates to the satisfaction of the President that-- (1) the State or local government has suffered, with respect to the disaster declarations referred to in subsection (a), a loss in the operating revenues of the State or local government; and (2) the amount of that loss equals or exceeds 25 percent of the annual operating revenue of the State or local government in its most recent fiscal year ending before the date of the disaster declaration. (c) Essential Governmental Services Defined.--In this section, the term ``essential governmental services'' means fire, law enforcement, emergency medical, public works, emergency management, planning, and building codes services. (d) Building Code Services.--For purposes of subsections (a) and (c), employees assisting in the permitting and inspection process relating to implementation and enforcement of a building code shall be considered to provide building code services. (e) Amount of Reimbursement.--The amount of reimbursement to be provided to a State or local government under this section shall be 75 percent of the expenses incurred by the State or local government that are eligible for reimbursement under subsection (a). (f) Eligibility Determinations.--The President shall complete all eligibility determinations under subsection (b) on or before June 30, 2006. SEC. 3. DISASTER LOAN PROGRAM. Section 2(a) of the Community Disaster Loan Act of 2005 (Public Law 109-88) is amended by inserting before the period at the end the following: ``: Provided further, That notwithstanding section 417(b) of the Stafford Act such a loan may not exceed 50 percent of the operating budget of the local government to which the loan is made for the fiscal year in which the disaster occurs''. SEC. 4. FEDERAL SHARE FOR DEBRIS REMOVAL. (a) Findings.--Congress finds that-- (1) there is ambiguity concerning the Federal share of the cost of debris removal activities carried out under the Robert T. Stafford Disaster Relief and Emergency Assistance Act in connection with Hurricane Katrina and Hurricane Rita; and (2) this ambiguity creates disincentives for local governments to utilize pre-existing, cost-effective contracts to carry out such debris removal activities. (b) Federal Share.--Notwithstanding any other provision of law, the Federal share of assistance provided for debris removal under sections 403 and 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5106b; 5173) with respect to disaster declarations made for Hurricane Katrina and Hurricane Rita on or after August 29, 2005, shall be 100 percent. SEC. 5. HAZARD MITIGATION GRANT PROGRAM. (a) Federal Share.--Notwithstanding any other provision of law, the President shall contribute not less than 75 percent of the cost of hazard mitigation measures that are approved in the 1-year period beginning on the date of enactment of this Act under section 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) with respect to disaster declarations made for Hurricane Katrina and Hurricane Rita on or after August 29, 2005. To the greatest extent practicable, the President shall assist State and local governments in expediting the planning for, identification and development of, application for, and approval of such projects. (b) Total Contributions.-- (1) Percentage.--The last sentence of section 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended by striking ``7.5'' and inserting ``15''. (2) Applicability.--The amendment made by paragraph (1) shall apply with respect to major disaster declarations made on or after August 29, 2005. SEC. 6. EXTENSION OF UNEMPLOYMENT ASSISTANCE. Notwithstanding any other provision of law, in the case of an individual eligible to receive unemployment assistance under section 410(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177(a)) as a result of a disaster declaration made for Hurricane Katrina or Hurricane Rita on or after August 29, 2005-- (1) the President shall make such assistance available for 52 weeks after the date of the disaster declaration; and (2) beginning on the date of enactment of this Act, the amount of such assistance for a week of unemployment shall be not less than 50 percent of the national average weekly unemployment benefit provided to an individual as of the date of the disaster declaration. SEC. 7. EMERGENCY EQUIPMENT ASSISTANCE. Subtitle B of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197-5197h) is amended by adding at the end the following: ``SEC. 630. EMERGENCY EQUIPMENT ASSISTANCE. ``(a) Grants.--The Director shall carry out a program to make grants to States and local governments-- ``(1) to purchase or improve commercially available interoperable communications equipment that-- ``(A) complies with, where applicable, national voluntary consensus standards; ``(B) facilitates interoperability, coordination, and integration between and among emergency communications systems (including satellite phone and satellite communications equipment); and ``(C) ensures that first responders, government officials, and emergency personnel are able to adequately and effectively communicate with each other in the event of a major disaster or other emergency; ``(2) to purchase mobile equipment to generate emergency power; and ``(3) to train first responders and emergency personnel on how best to use effectively such equipment. ``(b) Purpose.--The purpose of the program shall be to improve the response capabilities of States and local governments in the event of a major disaster or other emergency. ``(c) Applications.--A State or local government seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. ``(d) Technical Assistance.--The Director shall provide to States and local governments technical assistance with respect to the procurement, installation, and use of equipment under subsection (a)(1). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2006, 2007, and 2008.''.

Gulf Coast Recovery Act of 2005 - Authorizes the President to provide assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) to reimburse an eligible state or local government 75% of the eligible expenses incurred between January 1 and June 30, 2006, for base pay and overtime expenses of employees who provide essential government services for response and recovery operations with respect Hurricanes Katrina and Rita on or after August 29, 2005. Amends the Community Disaster Loan Act of 2005 to limit a disaster loan to 50% of a local government's operating budget for the fiscal year in which the disaster occurs. Sets at 100% the federal share of assistance for debris removal under the Stafford Act with respect to such hurricanes. Requires the President to contribute at least 75% of the cost of hazard mitigation measures approved under the Stafford Act in the one-year period following enactment of this Act with respect to such hurricanes. Amends the Stafford Act to double from 7.5% to 15% of the estimated aggregate amount of federal disaster relief grants to be made with respect to a major disaster the limit on the total amount of contributions the President may make for cost-effective hazard mitigation measures in the disaster area. Extends unemployment assistance in the case of an eligible individual affected by the hurricane disasters. Requires the President to make such assistance available for 52 weeks after the date of the disaster declaration. Requires the amount of such assistance for a week of unemployment, beginning on the date of enactment of this Act, to be at least 50% of the national average weekly unemployment benefit provided to an individual as of the date of the disaster declaration. Amends the Stafford Act to require the Director of the Federal Emergency Management Agency (FEMA) to make grants to state and local governments to: (1) purchase or improve commercially available interoperable communications equipment; (2) purchase mobile equipment to generate emergency power; and (3) train first responders and emergency personnel on how to best use such equipment effectively. Authorizes appropriations for FY2006-FY2008.

To establish special rules with respect to certain disaster assistance provided for Hurricane Katrina and Hurricane Rita.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Entrepreneurial Incubators Development Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) While small businesses have been an engine of economic growth over the past decade, they often lack access to the technology available to larger businesses. (2) Business incubators have proven an effective source of economic growth in the States. (3) Scientific discoveries need to be quickly converted into job and community ventures. SEC. 3. GRANTS FOR SUPPORT OF BUSINESS INCUBATOR ACTIVITIES. (a) Purpose.--It is the purpose of this section to encourage entrepreneurial creativity and risk taking through the support of the furnishing of business incubator services for newly established small businesses and medium-sized businesses. (b) Grant Program.--To achieve the purpose of this section, the Secretary of Commerce (in this section, referred to as the ``Secretary'') shall carry out a program to provide, through grants, financial assistance for the establishment and support of entities that provide business incubator services in support of the initiation and initial sustainment of business activities by newly established small businesses and medium-sized businesses. (c) Awards of Grants.-- (1) Eligibility requirements.--The Secretary shall prescribe the eligibility requirements for the awarding of grants under this section. (2) Competitive selection.--The Secretary shall use a competitive process for the awarding of grants under this section and, under that process, select recipients of the grants on the basis of merit, with priority given to underserved rural and urban communities. (3) Applications for grants.--The Secretary shall prescribe the form and content of applications required for grants under this section. (d) Additional Administrative Authorities.-- (1) Cost-sharing.--The Secretary may require the recipient of a grant under this section to defray a specific level of its operating expenses for business incubator services out of funds available from sources other than the Federal Government. (2) Additional terms and conditions.--The Secretary, in awarding a grant, may impose any other terms and conditions for the use of the proceeds of the grant that the Secretary determines appropriate for carrying out the purpose of this section and to protect the interests of the United States, including the requirement that entities providing business incubator services that receive a grant under this section develop a plan for ultimately becoming self-sufficient. (e) Definitions.-- (1) Business incubator services.--In this section, the term ``business incubator services'' includes professional and technical services necessary for the initiation and initial sustainment of operations of a newly established business, including such services as the following: (A) Legal services.--Legal services, including aid in preparing corporate charters, partnership agreements, and basic contracts. (B) Intellectual property services.--Services in support of the protection of intellectual property through patents, trademarks, or otherwise. (C) Technology services.--Services in support of the acquisition and use of advanced technology, including the use of Internet services and web-based services. (D) Planning.--Advice on-- (i) strategic planning; and (ii) marketing, including advertising. (2) Small business and medium-sized business.-- (A) Secretary to prescribe.--The Secretary shall prescribe the definitions of the terms ``small business'' and ``medium-sized business'' for the purpose of this section. (B) Small business standards.--In defining the term ``small business'' for the purpose of this section, the Secretary shall apply the standards applicable for the definition of the term ``small-business concern'' under section 3 of the Small Business Act (15 U.S.C. 632). (f) Regulations.--The Secretary shall prescribe regulations for the grant program administered under this section. (g) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Commerce for carrying out this section $50,000,000 for fiscal year 2002, and $200,000,000 for each fiscal year thereafter.

Entrepreneurial Incubators Development Act of 2001 - Directs the Secretary of Commerce to provide financial assistance, through grants, for the establishment and support of entities that provide business incubator services (services necessary for the initiation and initial sustainment of operations of a newly established business, including legal, intellectual property, and technology services and planning) for small- and medium-sized businesses.

A bill to provide for business incubator activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Susquehanna Gateway National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Susquehanna Gateway National Heritage Area established by section 3(a). (2) Local coordinating entity.--The term ``local coordinating entity'' means the local coordinating entity for the Heritage Area designated by section 4(a). (3) Management plan.--The term ``management plan'' means the plan developed by the local coordinating entity under section 5(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Pennsylvania. SEC. 3. SUSQUEHANNA GATEWAY NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Susquehanna Gateway National Heritage Area in the State. (b) Boundaries.--The Heritage Area shall include Lancaster and York Counties, Pennsylvania. SEC. 4. DESIGNATION OF LOCAL COORDINATING ENTITY. (a) Local Coordinating Entity.--The Susquehanna Heritage Corporation, a nonprofit organization established under the laws of the State, shall be the local coordinating entity for the Heritage Area. (b) Authorities of Local Coordinating Entity.--The local coordinating entity may, for purposes of preparing and implementing the management plan, use Federal funds made available under this Act-- (1) to prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area; (2) to make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; (3) to enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and other organizations; (4) to hire and compensate staff; (5) to obtain funds or services from any source, including funds and services provided under any other Federal program or law; and (6) to contract for goods and services. (c) Duties of Local Coordinating Entity.--To further the purposes of the Heritage Area, the local coordinating entity shall-- (1) prepare a management plan for the Heritage Area in accordance with section 5; (2) give priority to the implementation of actions, goals, and strategies set forth in the management plan, including assisting units of government and other persons in-- (A) carrying out programs and projects that recognize and protect important resource values in the Heritage Area; (B) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (C) establishing and maintaining interpretive exhibits in the Heritage Area; (D) developing heritage-based recreational and educational opportunities for residents and visitors in the Heritage Area; (E) increasing public awareness of and appreciation for the natural, historic, and cultural resources of the Heritage Area; (F) restoring historic buildings that are-- (i) located in the Heritage Area; and (ii) related to the themes of the Heritage Area; and (G) installing throughout the Heritage Area clear, consistent, and appropriate signs identifying public access points and sites of interest; (3) consider the interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the Heritage Area in developing and implementing the management plan; (4) conduct public meetings at least semiannually regarding the development and implementation of the management plan; and (5) for any fiscal year for which Federal funds are received under this Act-- (A) submit to the Secretary an annual report that describes-- (i) the accomplishments of the local coordinating entity; (ii) the expenses and income of the local coordinating entity; and (iii) the entities to which the local coordinating entity made any grants; (B) make available for audit all records relating to the expenditure of the Federal funds and any matching funds; and (C) require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records relating to the expenditure of the Federal funds. (d) Prohibition on Acquisition of Real Property.-- (1) In general.--The local coordinating entity shall not use Federal funds received under this Act to acquire real property or any interest in real property. (2) Other sources.--Nothing in this Act precludes the local coordinating entity from using Federal funds from other sources for authorized purposes, including the acquisition of real property or any interest in real property. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date on which funds are first made available to carry out this Act, the local coordinating entity shall prepare and submit to the Secretary a management plan for the Heritage Area. (b) Contents.--The management plan for the Heritage Area shall-- (1) include comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area; (2) take into consideration existing State, county, and local plans; (3) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area; (4) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained; and (5) include an analysis of, and recommendations for, ways in which Federal, State, and local programs, may best be coordinated to further the purposes of this Act, including recommendations for the role of the National Park Service in the Heritage Area. (c) Disqualification From Funding.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date on which funds are first made available to carry out this Act, the local coordinating entity may not receive additional funding under this Act until the date on which the Secretary receives the proposed management plan. (d) Approval and Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date on which the local coordinating entity submits the management plan to the Secretary, the Secretary shall approve or disapprove the proposed management plan. (2) Considerations.--In determining whether to approve or disapprove the management plan, the Secretary shall consider whether-- (A) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the local coordinating entity has provided adequate opportunities (including public meetings) for public and governmental involvement in the preparation of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area; and (D) the management plan is supported by the appropriate State and local officials, the cooperation of which is needed to ensure the effective implementation of the State and local aspects of the management plan. (3) Disapproval and revisions.-- (A) In general.--If the Secretary disapproves a proposed management plan, the Secretary shall-- (i) advise the local coordinating entity, in writing, of the reasons for the disapproval; and (ii) make recommendations for revision of the proposed management plan. (B) Approval or disapproval.--The Secretary shall approve or disapprove a revised management plan not later than 180 days after the date on which the revised management plan is submitted. (e) Approval of Amendments.-- (1) In general.--The Secretary shall review and approve or disapprove substantial amendments to the management plan in accordance with subsection (d). (2) Funding.--Funds appropriated under this Act may not be expended to implement any changes made by an amendment to the management plan until the Secretary approves the amendment. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. SEC. 8. EVALUATION; REPORT. (a) In General.--Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report.-- (1) In general.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Required analysis.--If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of-- (A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to congress.--On completion of the report, the Secretary shall submit the report to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year. (b) Cost-Sharing Requirement.--The Federal share of the cost of any activity carried out using funds made available under this Act shall be not more than 50 percent. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Susquehanna Gateway National Heritage Area Act Establishes the Susquehanna Gateway National Heritage Area in Pennsylvania. Designates the Susquehanna Heritage Corporation as the local coordinating entity for the Area. Requires the Corporation to prepare and submit a management plan for the Area.

Susquehanna Gateway National Heritage Area Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Energy Cooperation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) It is in the highest national security interests of the United States to ensure secure access to reliable energy sources. (2) The United States relies heavily upon the foreign supply of crude oil to meet its energy needs, currently importing 58 percent of its total oil requirements, of which 45 percent comes from member states of the Organization of Petroleum Exporting Countries (OPEC). (3) Revenues from the sale of oil by some of these countries directly or indirectly provide funding for terrorism and propaganda hostile to the United States and Western values. (4) In the past, these countries have manipulated the dependence of the United States on their oil supplies to exert undue influence upon United States policy, as during OPEC's 1973 embargo on the sale of oil to the United States, which became a major factor in the ensuing recession. (5) Research by the Energy Information Administration of the Department of Energy has shown that the dependence of the United States on foreign oil will increase by 33 percent over the next 20 years. (6) A rise in the price of imported oil sufficient to increase gasoline prices by 10 cents per gallon at the pump would result in an additional outflow of 18 billion dollars from the United States to oil-exporting nations. (7) For economic and national security reasons, the United States should reduce, as soon as possible, its dependence on nations that do not share its interests and values. (8) The state of Israel has been a steadfast ally and a close friend of the United States since its creation in 1948. (9) Like the United States, Israel is a democracy which holds civil rights and liberties in the highest regard and is a proponent of the democratic values of peace, freedom, and justice. (10) Cooperation between the United Sates and Israel on such projects as the development of the Arrow Missile has resulted in mutual benefits to United States and Israeli security. (11) The special relationship between Israel and the United States has been and continues to be manifested in a variety of jointly-funded cooperative programs in the field of scientific research and development, such as the United States-Israel Binational Science Foundations (BSF), the United States-Israel Binational Agricultural Research and Development Fund (BARD), and the United States-Israel Binational Industrial Research and Development (BIRD) Foundation. (12) These programs, supported by the matching contributions from the Government of Israel and the Government of the United States and directed by key scientists and academics from both countries, have made possible many scientific breakthroughs in the fields of life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and others. (13) Israeli scientists and researchers have long been at the forefront of research and development in the field of alternative renewable energy sources. (14) Many of the world's top corporations have recognized Israel's technological and scientific expertise by locating important research and development facilities in Israel. (15) Among the technological breakthroughs made by Israeli scientists and researchers in the field of alternative, renewable energy sources are the development of a cathode that uses hexavalent iron salts which accept 3 electrons per ion and enable rechargeable batteries to provide 3 times as much electricity as they currently do, the development of a technique that vastly increases the efficiency of utilizing solar energy to generate hydrogen for use in energy cells, and the development of a novel membrane utilized in new and powerful direct-oxidant fuel cells which is capable of competing favorably with hydrogen fuel cells and traditional internal combustion engines. (16) Cooperation between the United States and Israel in the field of research and development of alternative renewable energy sources would be in the interests of both countries, and both countries stand to gain much from such cooperation. SEC. 3. GRANT PROGRAM. (a) Establishment.--The Assistant Secretary of Energy for Policy and International Affairs (hereafter referred to as the ``Assistant Secretary'') shall establish a grant program to award grants to eligible entities. (b) Eligible Entities.--For the purposes of this Act, ``eligible entity'' means a joint venture comprised of both Israeli and United States private business entities or a joint venture comprised of both Israeli academic persons (who reside and work in Israel) and United States academic persons, which-- (1) carries out an eligible project; and (2) is selected by the BIRD or BSF using the criteria established by the International Energy Advisory Board established under section 4. (c) Eligible Projects.--For the purposes of this Act, ``eligible project'' means a project to encourage cooperation between the United States and Israel on research, development, and commercialization of alternative energy, improved energy efficiency, and renewable energy sources. (d) Application.-- (1) Submission of applications to bird or bsf.--To receive a grant under this section, an eligible entity must submit an application to BIRD or BSF containing such information and assurances as the Directors of BIRD and BSF may require. (2) Selection of eligible entities by bird and bsf.--The Directors of BIRD and BSF may review any application submitted by any eligible entity and select any eligible entity meeting criteria established by the Advisory Board for a grant under this section. (e) Amount of Grant.--The amount of each grant to be awarded in a fiscal year under this section shall be determined by BIRD or BSF. (f) Report.--Not later than 6 months after receiving a grant under this section, each recipient shall submit a report to the Assistant Secretary documenting how the recipient used the grant funds and evaluating the level of success of each project funded by the grant. SEC. 4. INTERNATIONAL ENERGY ADVISORY BOARD. (a) Establishment.--There is established in the Department of Energy an International Energy Advisory Board (hereafter referred to as the ``Advisory Board''). (b) Duties.--The Advisory Board shall-- (1) establish criteria for the recipients of grants awarded under the grant program established in section 3(a); and (2) determine the total amount of grant money to be awarded to all grantees selected by BIRD and the total amount of grant money to be awarded to all grantees selected by BSF for each fiscal year. (c) Membership.-- (1) Number and appointment.--The Advisory Board shall be composed of 4 members as follows: (A) One member shall be appointed by the Secretary of Commerce. (B) One member shall be appointed by the Secretary of Energy. (C) Two members shall be Israeli citizens and shall be appointed by the Secretary of Energy after consultation with appropriate officials in the Israeli government. (2) Deadline for appointments.--The appointments under paragraph (1) shall be made before the expiration of the 60-day period which begins on the date of the enactment of this Act. (3) Term.--Each member shall be appointed for 4 years. (4) Vacancies.--A vacancy in the Advisory Board shall be filled in the manner in which the original appointment was made. (5) Basic pay.-- (A) Compensation.--Members shall serve without pay. (B) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (6) Quorum.--3 members of the Advisory Board shall constitute a quorum. (7) Chair.--The Chair shall be designated by the Secretary of Energy at the time of the appointment. (8) Meetings.--The Commission shall meet at least once annually at the call of the Chair. (d) Termination.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Advisory Board. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $30,000,000 for fiscal year 2005 and each succeeding fiscal year.

United States-Israel Energy Cooperation Act - Directs the Assistant Secretary of Energy for Policy and International Affairs to establish a grant program for joint ventures: (1) composed of either Israeli and United States private business entities, or of Israeli and United States academic persons; and (2) selected by the United States-Israel Binational Science Foundations (BSF), and the United States-Israel Binational Industrial Research and Development (BIRD) Foundation or BSF using criteria established by the International Energy Advisory Board (established by this Act). Requires such ventures to carry out projects that encourage cooperation between the United States and Israel on research, development, and commercialization of alternative energy, improved energy efficiency, and renewable energy sources. Establishes in the Department of Energy an International Energy Advisory Board to: (1) establish criteria for such grant recipients; and (2) determine the total amount of grant money to be awarded to all grantees selected by BIRD and by BSF for each fiscal year.

To establish a grant program to fund eligible joint ventures between United States and Israeli businesses and academic persons, to establish the International Energy Advisory Board, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Authorized Alternative Health Arrangement Act of 2011''. SEC. 2. ALTERNATIVE HEALTH ARRANGEMENTS FOR THE PROVISION OF HEALTH BENEFITS. Section 1311(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(f); Public Law 111-148) is amended by adding at the end the following new paragraph: ``(4) Alternative health arrangements for the provision of health benefits.-- ``(A) Establishment of alternative health arrangements.-- ``(i) In general.--A State may establish one or more alternative health arrangements (each referred to in this subsection as an `alternative health arrangement') that serve the beneficiaries of one or more qualified benefits programs (as defined in subparagraph (B)(i)) if the number of participants served by each such arrangement is determined by the State to be adequate for purposes of carrying out the requirements of this title. ``(ii) Designation of qualified benefits programs to be offered.--A State that establishes an alternative health arrangement shall designate one or more qualified benefits programs to be offered through such arrangement. ``(iii) Treatment as separate exchange.--An alternative health arrangement shall be in addition to an Exchange or a subsidiary Exchange under this section. ``(iv) Criteria applicable to alternative health arrangement.--An alternative health arrangement shall be deemed to be an Exchange under this title, except that-- ``(I) the requirement of section 1311(d)(2) (relating to the offering of coverage) shall only apply, with respect to such an arrangement, to the offering of qualified benefits programs and only to beneficiaries served by such programs; and ``(II) the requirements of section 1311(e)(1) (relating to certification of health plans) shall be deemed to have been satisfied with respect to qualified benefits programs offered through the arrangement by the designation of such programs by the State under clause (ii). ``(B) Qualified benefits programs.-- ``(i) Definition.--In this paragraph, the term `qualified benefits program' means an entity or arrangement (such as a program created by a group of government agencies, instrumentalities, or political subdivisions by interlocal agreement or other method authorized by State law) that-- ``(I) is established, authorized, and operating pursuant to State law to provide or administer health coverage for officials, employees, and retirees (and dependents of such officials, employees, and retirees) of a group of employers; and ``(II) the State finds, subject to clause (ii), satisfies criteria under this title to be a qualified health plan. ``(ii) Satisfaction of certain requirements.--In applying this title with respect to a qualified benefits program that is designated by a State under subparagraph (A)(ii) and offered through an alternative health arrangement, the following special rules apply: ``(I) The entity offering such coverage shall be deemed to meet the requirement of section 1301(a)(1)(C)(i) (relating to licensure as a health insurance issuer). ``(II) Section 1301(a)(1)(C)(iii) (relating to uniform premium rates) shall be applied separately to each different health benefits option offered under the qualified benefits program through the arrangement. ``(III) Section 1311(c)(1)(D) (relating to accreditation) shall be deemed to have been satisfied by virtue of the designation by the State under subparagraph (A)(ii). ``(IV) Section 1311(e)(1) (relating to certification of health plans) shall not apply insofar as it applies to accreditation under section 1311(c)(1)(D). ``(V) Section 1311(e)(2) (relating to premium considerations) shall not apply insofar as it requires alternative health arrangements to display premium information to the general public or conduct an analysis of premium growth outside of the alternative health arrangement. ``(iii) Treatment as a health plan, qualified health plan, and individual insurance coverage.--A qualified benefits program offered through an alternative health arrangement shall be treated-- ``(I) subject to clause (ii), as meeting the definition of a health plan under section 1301(b) and as a qualified health plan under this title; and ``(II) as a health plan offered in the individual market for purposes of section 5000A(f)(1)(C) of the Internal Revenue Code. ``(C) Construction.--Nothing in this paragraph shall be construed-- ``(i) to authorize or require an alternative health arrangement to offer health benefits to any individual other than a beneficiary covered under such arrangement; or ``(ii) to authorize the offering of such health benefits through an Exchange.''.

State Authorized Alternative Health Arrangement Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to authorize a state to establish one or more alternative health arrangements that serve the beneficiaries of one or more qualified benefits programs if certain requirements are met. Defines "qualified benefit program" as an entity or arrangement that: (1) is established, authorized, and operating pursuant to state law to provide or administer health coverage for officials, employees, and retirees of a group of employers; and (2) the state finds satisfies criteria to be a qualified health plan, with exceptions. Requires such a state to designate one or more qualified benefit programs to be offered through such an arrangement. States that such an arrangement is in addition to an American Health Benefits Exchange (health insurance exchange) or a subsidiary Exchange. Deems such an arrangement to be an Exchange under PPACA, except exempts the arrangement from requirements relating to offering coverage to all qualified individuals and Exchange certification. Details how health plan rules apply to the alternative health arrangements provided for under this Act. Treats a qualified benefits program offered through an alternative health arrangement as: (1) meeting the definition of a qualified health plan for purposes of the essential health benefits provisions in PPACA, and (2) a health plan offered in the individual market under the Internal Revenue Code.

To amend the Patient Protection and Affordable Care Act to provide State flexibility for the offering of health benefits through alternative health arrangements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Qualifying Renewable Chemical Production Tax Credit Act of 2012''. SEC. 2. CREDIT FOR THE PRODUCTION OF RENEWABLE CHEMICALS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CREDIT FOR PRODUCTION OF RENEWABLE CHEMICALS. ``(a) In General.--For purposes of section 38, the renewable chemicals production credit for any taxable year is an amount (determined separately for each renewable chemical produced by the taxpayer) equal to $0.15 per pound of eligible content of renewable chemical produced by the taxpayer during the taxable year. ``(b) Limitation.--The credit determined under subsection (a) with respect to any renewable chemical produced by any taxpayer during any taxable year shall not exceed the credit amount allocated by the Secretary to the taxpayer with respect to such chemical for such taxable year under subsection (e). ``(c) Eligible Content.--For purposes of this section-- ``(1) In general.--The term `eligible content' means, with respect to any renewable chemical, the biobased content percentage of the total mass of organic carbon in such chemical. ``(2) Biobased content percentage.--The term `biobased content percentage' means, with respect to any renewable chemical, the biobased content of such chemical (expressed as a percentage) determined by testing representative samples using the American Society for Testing and Materials (ASTM) D6866. ``(d) Renewable Chemical.--For purposes of this section-- ``(1) In general.--The term `renewable chemical' means any chemical which-- ``(A) is produced by the taxpayer in the United States (or in a territory or possession of the United States) from renewable biomass, ``(B) is sold, or used, by the taxpayer-- ``(i) for the production of polymers, plastics, or formulated products, or ``(ii) as polymers, plastics, or formulated products, and ``(C) is not sold or used for the production of any food, feed, or fuel. ``(2) Exceptions.--Such term shall not include any chemical if-- ``(A) the biobased content percentage of such chemical is less than 25 percent, ``(B) 10,000,000 pounds or more of such chemical was produced during calendar year 2000 from renewable biomass, ``(C) such chemical is not either the product of, or reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion, of renewable biomass, or ``(D) such chemical is composed of renewable chemicals that are eligible for a credit under this section. ``(3) Renewable biomass.--The term `renewable biomass' has the meaning given such term in section 9001(12) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101(12)). ``(e) Allocation of Credit Amounts.-- ``(1) In general.--Not later than 180 days after enactment of this section, the Secretary, in consultation with the Secretary of Agriculture, shall establish a program to allocate credit amounts under this section to applicants for taxable years. ``(2) Limitations.-- ``(A) Aggregate limitation.--The total amount of credits that may be allocated under such program shall not exceed $500,000,000. ``(B) Taxpayer limitation.--The amount of credits that may be allocated to any taxpayer for any taxable year under such program shall not exceed $25,000,000. For purposes of the preceding sentence, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. ``(3) Selection criteria.--In determining which taxpayers to make allocations of credit amount under this section, the Secretary shall take into consideration-- ``(A) the number of jobs created and maintained (directly and indirectly) in the United States (including territories and possessions of the United States) as result of such allocation during the credit period and thereafter, ``(B) the degree to which the production of the renewable chemical demonstrates reduced dependence on imported feedstocks, petroleum, non-renewable resources, or other fossil fuels, ``(C) the technological innovation involved in the production method of the renewable chemical, ``(D) the energy efficiency and reduction in lifecycle greenhouse gases of the renewable chemical or of the production method of the renewable chemical, and ``(E) whether there is a reasonable expectation of commercial viability. ``(4) Redistribution.--If a credit amount allocated to a taxpayer for a taxable year with respect to any renewable chemical (determined without regard to this paragraph) exceeds the amount of the credit with respect to such chemical determined under this section on the taxpayer's return for such taxable year-- ``(A) the credit amount allocated to such taxpayer for such taxable year with respect to such renewable chemical shall be treated as being the amount so determined on the taxpayer's return, and ``(B) such excess may be reallocated by the Secretary consistent with the requirements of paragraphs (2)(B) and (3). ``(5) Disclosure of allocations.--The Secretary shall, upon making an allocation of credit amount under this section, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. ``(f) Termination.--Notwithstanding any other provision of this section, the Secretary may not allocate any credit amount under this section to any taxable year which begins more than 5 years after the date of the enactment of this section.''. (b) Credit To Be Part of General Business Credit.-- (1) In general.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the renewable chemicals production credit determined under section 45S(a).''. (2) Credit allowable against alternative minimum tax.-- Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (vi) the following new clause: ``(vii) the credit determined under section 45S,''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Credit for production of renewable chemicals.''. (d) Effective Date.--The amendments made by this section shall apply to chemicals produced after the date of the enactment of this Act, in taxable years ending after such date.

Qualifying Renewable Chemical Production Tax Credit Act of 2012 - Amends the Internal Revenue Code to allow a business-related tax credit for the production of renewable chemicals. Defines "renewable chemical" as any chemical that is: (1) produced in the United States from renewable biomass; (2) sold or used by the taxpayer as polymers, plastics, or formulated products or for the production of polymers, plastics, or formulated products; and (3) not sold or used for the production of any food, feed, or fuel. Exempts certain chemicals, including those with a biobased content of less than 25%. Directs the Secretary of Agriculture to establish a five-year program to allocate credit amounts. Limits the total amount of allocable credits under such program to $500 million, with a limit of $25 million to any taxpayer in any taxable year.

A bill to cut taxes for innovative businesses that produce renewable chemicals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Registration Modernization Act of 2009''. SEC. 2. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION. (a) Requiring Availability of Internet for Registration.--The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) is amended by inserting after section 7 the following new section: ``SEC. 7A. INTERNET REGISTRATION. ``(a) Requiring Availability of Internet for Online Registration.-- Each State shall ensure that the following services are available to the public on the official public website of the appropriate election officials in the State: ``(1) Online access to, and distribution in electronic form of, mail voter registration application forms in accordance with paragraph (6). ``(2) Online assistance to applicants in completing voter registration application forms. ``(3) Online completion and submission by applicants of online versions of voter registration application forms. ``(4) Online acceptance of completed voter registration application forms. ``(b) Provision of Services in Nonpartisan Manner.--The services made available under subsection (a) shall be provided in a manner that ensures that-- ``(1) no person shall seek to influence an applicant's political preference or party registration; ``(2) there is no display on the website of any political preference or party allegiance; and ``(3) there is no statement or any other feature on the website the purpose or effect of which is to discourage the applicant from registering to vote. ``(c) Protection of Security of Information.--In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent unauthorized access to information provided by individuals using the services made available under subsection (a). ``(d) Effective Date.--The requirements of this section shall apply with respect to elections for Federal office occurring in 2016 and each succeeding year.''. (b) Conforming Amendments.-- (1) Timing of registration.--Section 8(a)(1) of such Act (42 U.S.C. 1973gg-6(a)(1)) is amended-- (A) by striking ``and'' at the end of subparagraph (C); (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) in the case of online registration through the official public website of an election official under section 7A, if the valid voter registration form is submitted online not later than the lesser of 15 days, or the period provided by State law, before the date of the election; and''. (2) Informing applicants of eligibility requirements and penalties.--Section 8(a)(5) of such Act (42 U.S.C. 1973gg- 6(a)(5)) is amended by striking ``and 7'' and inserting ``7, and 7A''. SEC. 3. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION. (a) Updates to Information Contained on Computerized Statewide Voter Registration List.-- (1) In general.--Section 303(a) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended by adding at the end the following new paragraph: ``(6) Use of internet by registered voters to update information.-- ``(A) In general.--The appropriate State or local election official shall ensure that any legally registered voter to whom a unique identifier has been assigned under the computerized list may update the voter's registration information, including the voter's address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, at any time as well as at any location at which under State law the voter may update the information in person. ``(B) Processing of updated information by election officials.--If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall-- ``(i) revise any information on the computerized list to reflect the update made by the voter; and ``(ii) if requested by the voter, confirm the receipt of the update by electronic mail sent to the voter. ``(C) Prevention of unauthorized revisions and fraud.--In meeting the requirements of this paragraph, the appropriate State or local election official shall establish appropriate technological security measures to prevent unauthorized persons from updating a registered voter's registration information and to prevent the entry of fraudulent data. ``(D) Effective date.--This paragraph shall take effect on January 1, 2012.''. (2) Conforming amendment relating to effective date.-- Section 303(d)(1)(A) of such Act (42 U.S.C. 15483(d)(1)(A)) is amended by striking ``subparagraph (B)'' and inserting ``subparagraph (B) and subsection (a)(6)''. (b) Effect on Voter Removal Program Under National Voter Registration Act of 1993.-- (1) Use of online update to confirm change of residence.-- Section 8(d)(1)(A) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(d)(1)(A)) is amended by inserting after ``in writing'' the following: ``or by updating information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002''. (2) Prohibiting removal of registered voters included on computerized list for failure to vote or appear to vote.-- Section 8 of such Act (42 U.S.C. 1973gg-6) is amended-- (A) in subsection (b)(2), by inserting after ``eligible voters'' the following: ``(other than an individual to whom a unique identifier has been assigned under the computerized Statewide voter registration list under section 303(a) of the Help America Vote Act of 2002)''; and (B) in subsection (d)(1)(B)(i), by striking ``has failed'' and inserting the following: ``in the case of a registrant to whom a unique identifier has not been assigned under the computerized Statewide voter registration list under section 303(a) of the Help America Vote Act of 2002, has failed''. (3) Conforming amendment relating to procedures to ensure ability to vote following failure to notify registrar of change of address.--Section 8(e) of such Act (42 U.S.C. 1973gg-6(e)) is amended in the heading by striking ``Failure to Return Card'' and inserting ``Failure to Notify Registrar of Change of Address''. (4) Effective date.--The amendments made by this subsection shall take effect on January 1, 2012. SEC. 4. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO INDIVIDUALS REGISTERED TO VOTER. (a) Including Option on Voter Registration Form To Provide E-Mail Address and Receive Information.-- (1) In general.--Section 9(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(b)) 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 new paragraph: ``(5) shall include a space for the applicant to provide an electronic mail address, together with a statement that, unless the applicant requests otherwise, the applicant shall (if eligible to register to vote) receive voter registration and voting information from the appropriate State or local election official through electronic mail sent to that address.''. (2) Effective date.--The amendments made by paragraph (1) shall take effect January 1, 2012. (b) Requiring Provision of Information by Election Officials.-- Section 302(b) of the Help America Vote Act of 2002 (42 U.S.C. 15482(b)) is amended by adding at the end the following new paragraph: ``(3) Provision of other information by electronic mail.-- If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voter registration and voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official shall provide the individual with the following information through electronic mail not later than 7 days before the date of the election involved: ``(A) The name and address of the polling place at which the individual is assigned to vote in the election. ``(B) The hours of operation for the polling place. ``(C) A description of any identification or other information the individual may be required to bring to the polling place.''. SEC. 5. CLARIFICATION OF REQUIREMENT TO REGISTER APPLICANTS PROVIDING NECESSARY INFORMATION TO SHOW ELIGIBILITY TO VOTE. Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6) is amended by adding at the end the following new subsection: ``(k) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote.--For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a `valid voter registration form' if the applicant has provided the appropriate State or local election official with all of the information necessary to demonstrate that the applicant is eligible to vote in elections for Federal office in the State or local jurisdiction involved.''. SEC. 6. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER COSTS OF COMPLIANCE WITH NEW NVRA REQUIREMENTS. (a) In General.--Section 251(b) of the Help America Vote Act of 2002 (42 U.S.C. 15401(b)) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (2) the following new paragraph: ``(2) Certain voter registration activities.--A State may use a requirements payment to carry out the requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2009.''. (b) Conforming Amendment.--Section 254(a)(1) of such Act (42 U.S.C. 15404(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting ``section 251(b)(3)''. (c) Effective Date.--The amendments made by this section shall apply with respect to fiscal year 2010 and each succeeding fiscal year.

Voter Registration Modernization Act of 2009 - Amends the National Voter Registration Act of 1993 (NVRA) to direct states to ensure the availability of the Internet for online voter registration. Amends the Help America Vote Act of 2002 (HAVA) to direct the appropriate state or local election official to ensure the availability of the Internet for updating voter registration information. Amends NVRA to allow a voter registration applicant to provide his or her email address on the appropriate form to receive voting information. Requires states to consider an applicant to have provided a valid voter registration form if he or she has provided all necessary information to demonstrate eligibility to vote. Allows a state to use a HAVA requirements payment to carry out the new NVRA requirements imposed by this Act.

To amend the National Voter Registration Act of 1993 and the Help America Vote Act of 2002 to promote the use of the Internet by State and local election officials in carrying out voter registration activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Technology Partnership Act''. SEC. 2. DEMONSTRATION PROGRAM AUTHORIZED. (a) General Authority.-- (1) In general.-- (A) Grant program.--The Director of the National Science Foundation shall, subject to appropriations, carry out a demonstration project under which the Director awards grants in accordance with this Act to 5 eligible local educational agencies. (B) Uses of funds.--A local educational agency that receives a grant under this Act may use such grant funds to develop an information technology program that builds or expands mathematics, science, and information technology curricula, to purchase equipment necessary to establish such program, and to provide teacher training in such fields. (2) Program requirements.--The program described in paragraph (1) shall-- (A) train teachers specifically in information technology, mathematics, and science; and (B) provide students with specialized training in mathematics, science, and information technology. (b) Eligible Local Educational Agency.--For purposes of this Act, a local educational agency is eligible to receive a grant under this Act if the agency-- (1) is located in one of the cities which has received an award from the National Science Foundation under the Urban Systemic Initiative program; (2) provides assurances that it has executed conditional agreements with representatives of the private sector to provide services and funds described in subsection (c); and (3) agrees to enter into an agreement with the Director to comply with the requirements of this Act. (c) Private Sector Participation.--The conditional agreement referred to in subsection (b)(2) shall describe participation by the private sector, including-- (1) the donation of computer hardware and software; (2) the establishment of internship and mentoring opportunities for students who participate in the information technology program; and (3) the donation of scholarship funds for eligible students who have participated in the information technology program. (d) Application.-- (1) In general.--Each eligible local educational agency desiring a grant under this section shall submit an application to the Director in accordance with guidelines established by the Director pursuant to paragraph (2). (2) Guidelines.-- (A) Requirements.--The guidelines referred to in paragraph (1) shall require, at a minimum, that the application include-- (i) a description of proposed activities consistent with the uses of funds and program requirements under subsection (a)(1)(B) and (a)(2); (ii) a description of the scholarship program, including criteria for selection, duration of scholarship, number of scholarships to be awarded each year, and funding levels for scholarships; and (iii) evidence of private sector participation and financial support to establish an internship, mentoring, and scholarship program. (B) Guideline publication.--The Director shall issue and publish such guidelines not later than 6 months after the date of the enactment of this Act. (3) Selection.--The Director shall select a local educational agency to receive an award under this Act in accordance with subsection (e) and on the basis of merit to be determined after conducting a comprehensive review. (e) Priority.--The Director shall give special priority in awarding grants under this Act to eligible local educational agencies that demonstrate the greatest ability to obtain commitments from representatives of the private sector to provide services and funds described under subsection (c). SEC. 3. ASSESSMENT AND REPORTING. (a) Assessment.--The Director shall assess the effectiveness of activities carried out under this Act. Such assessment shall be included as part of the assessment and reporting process used for the Urban Systemic Initiatives program. (b) Study.--The Director shall initiate a longitudinal study of eligible students selected for scholarships pursuant to this Act and shall report such findings to Congress not later than 4 years after the award of the first scholarship. Such report shall include the number of students graduating from an institution of higher education with a major in mathematics, science, or information technology and the number of students who find employment in such fields. SEC. 4. DEFINITIONS. Except as otherwise provided, for purposes of this Act-- (1) the term ``Director'' means the Director of the National Science Foundation; (2) the term ``eligible student'' means a student enrolled in the 12th grade who-- (A) would be a first-generation college student; (B) has participated in an information technology program established pursuant to this Act; (C) has demonstrated a commitment to pursue a career in information technology, mathematics, science, or engineering; and (D) has attained high academic standing and maintains a grade point average of not less than 3.0 on a 4.0 scale for the last 2 years of secondary school (11th and 12th grades); and (3) the term ``local educational agency'' has the same meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the National Science Foundation to carry out this Act, $1,500,000. (b) Maximum Grant Award.--An award made to an eligible local educational agency under this Act may not exceed $300,000.

Information Technology Partnership Act - Requires the Director of the National Science Foundation (NSF), subject to appropriations, to carry out a demonstration project under which grants are awarded to five eligible local educational agencies (LEAs) for: (1) developing information technology programs that build or expand mathematics, science, and information technology curricula; (2) purchasing equipment necessary to establish such programs; and (3) providing teacher training in such fields. Makes eligible for grants LEAs that: (1) are located in cities that have received an award from the NSF under the Urban Systemic Initiative program; (2) have provided assurances that they have executed conditional agreements with representatives of the private sector to provide services and scholarship funds; and (3) agree to enter into an agreement with the Director to comply with this Act. Sets forth application requirements. Requires the Director to give special priority for grants to LEAs that demonstrate the greatest ability to obtain commitments from the private sector for services and funds. Requires the Director to: (1) assess the effectiveness of activities under this Act; and (2) initiate a longitudinal study of students selected for scholarships and report findings to the Congress. Authorizes appropriations. Limits the maximum grant awarded to an LEA.

Information Technology Partnership Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Timber Sale Financial Accountability Act of 1995''. SEC. 2. RELIANCE ON FOREST SERVICE TIMBER SALE RECEIPTS TO FUND TIMBER SALES. (a) Timber Receipts To Cover Costs.--Section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) is amended by adding at the end the following new subsection: ``(j) Use of Timber Receipts To Cover Sale Costs.-- ``(1) Timber receipts fund.--There is hereby established in the Treasury of the United States a fund to be known as the `National Forest System Timber Receipts Fund' and consisting of receipts from the sale of trees, portions of trees, and forest products located on National Forest System lands. The Fund shall consist of two accounts, one account for units of the National Forest System located east of the Mississippi River and the other account for units located west of the Mississippi River and in Alaska. Amounts in the two accounts may not be commingled. Amounts in the Fund are to be available until expended. ``(2) Use of fund.--Amounts in an account of the Fund shall be available, in such amounts as are provided in advance in appropriation Acts, to the Secretary of Agriculture for the purpose of covering the cost to the United States-- ``(A) for design, engineering, and supervision of the construction of roads needed in connection with timber sales conducted under this section in units of the National Forest System covered by the account; and ``(B) for Forest Service preparation, advertisement, offering, awarding, and supervision of the operation of such timber sales. ``(3) Reliance on fund.--The Fund shall be the sole source of amounts for the activities specified in paragraph (2), and amounts otherwise appropriated or made available to the Secretary or the Forest Service in appropriation Acts may not be obligated or expended for such activities. ``(4) Effect on other laws.--Except as provided in paragraph (5), the following provisions of law shall not apply to receipts from the sale of trees, portions of trees, and forest products located on National Forest System lands: ``(A) The fifth paragraph under the heading ``FOREST SERVICE'' in the Act of March 4, 1907 (34 Stat. 1270; 16 U.S.C. 499). ``(B) The fourth sentence in section 9 of the Act of June 7, 1924 (43 Stat. 655; 16 U.S.C. 499; commonly known as the Clarke-McNary Act). ``(C) The sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500). ``(D) Section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500; commonly known as the Weeks Act). ``(E) The sixth paragraph under the heading ``administrative provisions, forest service'' in title II of the Department of the Interior and Related Agencies Appropriations Act, 1993 (Public Law 102-381; 106 Stat. 1400; 16 U.S.C. 500 note). ``(F) The fourteenth paragraph under the heading ``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501). ``(5) Excess amounts.--Amounts in the Fund determined by the Secretary to be in excess of the cost of accomplishing the activities specified in paragraph (2) shall be transferred to miscellaneous receipts in the Treasury of the United States. Amounts transferred shall be considered as moneys received from the national forests within the meaning of the sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500; commonly known as the Weeks Act), and the fourteenth paragraph under the heading ``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501).''. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (h)-- (A) by striking ``in a designated fund'' in the third sentence and inserting ``in the National Forest System Timber Receipts Fund established under subsection (j),''; and (B) by striking the last sentence, including the provisos; and (2) in subsection (i)(2), by striking ``, and such additional sums as may be appropriated for the construction of roads''.

Timber Sale Financial Accountability Act of 1995 - Amends the National Forest Management Act of 1976 to establish in the Treasury the National Forest System Timber Receipts Fund which shall be the sole funding source for the Forest System timber sale program.

Timber Sale Financial Accountability Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil for Iraq Liberation Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Every Middle Eastern country that possesses significant petroleum resources has long held those resources as national assets. (2) Several developments indicate that the historical precedent of a nationalized Iraqi oil sector could be undercut by United States interests. The Bush Administration has aggressively pressured the Iraqi government to privatize its oil resources and a United States oil company has secured an oil contract with the Kurdistan Regional Government and a former Administration official is reported to be seeking an oil contract with the Kurdistan Regional Government. (3) President George W. Bush released a list of benchmarks in August 2006 by which to judge success in Iraq. These benchmarks included the passage of a ``hydrocarbon act''. The Administration has characterized the bill as a national revenue sharing plan. (4) Hunt Oil Company, headquartered in Dallas, Texas, has signed a production sharing agreement for petroleum exploration, signaling that the war with Iraq has made access to Iraqi oil a reality for United States oil companies. (5) The CEO of the Hunt Oil Company is a major campaign contributor for President Bush, including a $35 million contribution to the Bush Presidential Library. He has twice been appointed to a seat on the President's Foreign Intelligence Advisory Board. At the invitation of the then Halliburton CEO, Richard Cheney, he served on the Halliburton Board of Directors. (6) The Hunt Oil deal is now part of an internal investigation by the Department of State. (7) News reports indicate that former Assistant Secretary of Defense, Richard Perle, has been pursuing oil-drilling contracts with Iraq's Kurdistan Regional Government. Mr. Perle served as chairman of the Defense Policy Advisory Committee during the run up to the war in Iraq. He was an influential advisor to the Department of Defense between 2001 and 2003 and is credited with being an early advocate of invading Iraq and as an Iraq war architect. Mr. Perle resigned from his chairmanship on March 28, 2003, just after the United States invasion of Iraq, amid controversy that there existed the potential for his business interests to profit from the war in Iraq. (8) The Department of State recently led a team of United States advisers who helped the Iraq Oil Ministry negotiate technical service contracts to help with oil production. A lobbyist representing efforts oil-friendly policies has called these contracts ``a chance to get a foot in the door with regards to future Iraqi [oil] production''. (9) The Hunt Oil deal, the reported actions by Richard Perle and speculation by United States oil interests undercuts the stated United States policy of ``revenue sharing''. (10) Certain Iraqis and analysts have concluded that the ``hydrocarbon act'' is in fact a privatization scheme to ensure control of Iraq oil by foreign oil companies. (11) Certain Iraqis and analysts have concluded that the ``hydrocarbon act'' is in fact a privatization scheme to ensure control of Iraq oil by foreign oil companies. SEC. 3. PROHIBITIONS ON CERTAIN ACTIVITIES RELATING TO THE PETROLEUM RESOURCES OF IRAQ. (a) In General.--The following shall be unlawful: (1) The entry into or the performance by a United States person, or the approval by a United States person of the entry into or the performance by an entity owned, controlled, or operated by such United States person, of-- (A) a contract that includes overall supervision or management responsibility for the development of petroleum resources located in Iraq; or (B) a guaranty of anther person's performance under such a contract. (2) The entry into or the performance by a United States person, or the approval by a United States person of the entry into or the performance by an entity owned, controlled, or operated by such United States person, of-- (A) a contract for the financing of the development of petroleum resources located in Iraq; or (B) a guaranty of another person's performance under such a contract. (3) Any investment by a United States person in the petroleum resources located in Iraq. (4) Any transaction by any United States person that evades, avoids, or violates, has the purpose of evading, avoiding, or violating, or attempts to evade, avoid, or violate, any of the prohibitions described in paragraphs (1), (2), and (3). (b) Penalties.--A violation of subsection (a) shall be punishable by not more than ten years imprisonment and a fine of not more than $1,100,000. (c) Effective Date.--This Act shall take effect on the date of the enactment of this Act and shall apply with respect to activities prohibited under subsection (a) that were entered into on or after March 20, 2003, except that if a United States person, not later than the date that is 30 days after the date of the enactment of this Act, verifiably terminates such activities, such person shall not be subject to the penalties specified in subsection (b). (d) Definitions.--In this Act: (1) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, or other organization organized under the laws of the United States. (2) Investment.--The term ``investment'' means any of the following activities if any of such activities is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Iraq or a nongovernmental entity in Iraq: (A) The entry into a contract that includes responsibility for the development of petroleum resources located in Iraq or the entry into a contract providing for the general supervision and guarantee of another person's performance of such a contract. (B) The purchase of a share of ownership, including an equity interest, in the development described in subparagraph (A). (C) The entry into a contract providing for the participation in royalties, earnings, or profits in such development. The term ``investment'' does not include the entry into or the performance or financing of a contract to sell or purchase goods, services, or technology. (3) Iraq.--The term ``Iraq'' means the land territory claimed by Iraq and any other area over which Iraq claims sovereignty, sovereign rights or jurisdiction, including the territorial sea, exclusive economic zone, and continental shelf claimed by Iraq. (4) Person.--The term ``person'' means an individual or an entity. (5) Petroleum resources.--The term ``petroleum resources'' means any petroleum, petroleum products, or natural gas originating in Iraq, including any Iraqi-origin oil inventories, wherever located. (6) United states person.--The term ``United States person'' means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States.

Oil for Iraq Liberation Act of 2008 - Prohibits: (1) the entry into or the performance by a U.S. person or an entity owned or controlled by such person of a contract that includes overall management responsibility for petroleum development in Iraq, a contract for financing petroleum development in Iraq, or the guaranty of another person's performance under either such contract; (2) any investment by such person in Iraq's petroleum resources; and (3) any transaction by such person that evades or violates such prohibitions. Sets forth penalties for violation of such prohibitions. Defines specified terms.

To prohibit certain activities relating to the petroleum resources of Iraq, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Labor-Management Partnership Act of 2018''. SEC. 2. ESTABLISHMENT OF FEDERAL LABOR-MANAGEMENT PARTNERSHIP COUNCIL. (a) In General.--Subchapter I of chapter 71 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 7107. Federal Labor-Management Partnership Council ``(a) Establishment.--There is established a council to be known as the `Federal Labor-Management Partnership Council' (referred to in this section as the `Council'). ``(b) Membership.--The Council shall be composed of-- ``(1) the Director of the Office of Personnel Management; ``(2) the Deputy Director for Management of the Office of Management and Budget; ``(3) a deputy secretary (or other officer with agency-wide authority) from each of 2 agencies not otherwise represented on the Council, who shall be appointed by the President; ``(4) the Chairman of the Federal Labor Relations Authority; ``(5) the Director of the Federal Mediation and Conciliation Service; ``(6) 2 members who shall be appointed by the President to represent the respective labor organizations representing (as exclusive representatives) the first and second largest numbers of employees subject to this chapter or any other authority permitting employees to select an exclusive representative; ``(7) 4 members who shall be appointed by the President to represent labor organizations representing (as exclusive representatives) substantial numbers of employees subject to this chapter or any other authority permitting employees to select an exclusive representative-- ``(A) each of whom shall be selected giving due consideration to such factors as the relative numbers of employees represented by the various organizations; and ``(B) not more than two of whom may, at any time, be representatives of the same labor organization or council, federation, alliance, association, or affiliation of labor organizations; ``(8) 1 member who shall be appointed by the President to represent the organization representing the largest number of senior executives (as that term is defined in section 3132(a)(3)); and ``(9) 1 member who shall be appointed by the President to represent the organization representing the largest number of management officials. ``(c) Responsibilities and Functions.--The Council shall-- ``(1) advise the President on matters involving labor- management relations in the executive branch; ``(2) support the creation of local labor-management partnership councils that promote partnership efforts in the executive branch; ``(3) collect and disseminate information about and provide guidance on partnership efforts in the executive branch, including the results of those efforts; and ``(4) use the expertise of individuals, both inside and outside the Federal Government, to foster partnership arrangements in the executive branch. ``(d) Administration.-- ``(1) Co-chairs.--The Director of the Office of Personnel Management and the Deputy Director for Management of the Office of Management and Budget shall serve as co-chairs of the Council. ``(2) Meetings.--The Council shall meet quarterly and at the call of the co-chairs or a majority of the members of the Council. ``(3) Outside input.--The Council-- ``(A) shall seek input from agencies not represented on the Council, particularly smaller agencies; ``(B) may from time to time, in the discretion of the Council, invite experts from the private and public sectors to submit information; and ``(C) shall seek input from companies, nonprofit organizations, State and local governments, employees, and customers of Federal services, as needed. ``(4) Assistance of the office of personnel management.--To the extent permitted by law and subject to the availability of appropriations, the Director of the Office of Personnel Management shall, upon request, provide such staff, facilities, support, and administrative services to the Council as the Director considers appropriate. ``(5) No compensation.--Members of the Council shall serve without compensation for their work on the Council. ``(6) Cooperation of other agencies.--Each agency shall, to the extent permitted by law, provide to the Council such assistance, information, and advice as the Council may request. ``(e) General Provisions.-- ``(1) Reporting to congress.--Any reporting to or appearances before Congress that may be requested or required of the Council shall be made by a co-chair of the Council. ``(2) Terms of membership.--A member appointed under paragraph (3), (6), (7), (8), or (9) of subsection (b) shall be appointed for a term of 3 years, except that any individual chosen to fill a vacancy under any of those paragraphs shall be-- ``(A) appointed for the unexpired term of the member replaced; and ``(B) chosen subject to the same conditions as applied with respect to the original appointment. ``(3) Service after expiration of term.--A member appointed under paragraph (3), (6), (7), (8), or (9) of subsection (b) may serve after the expiration of that member's term until a successor has taken office, but for not more than 60 days after the term expires. ``(4) Not special government employees.--A member who is not otherwise an employee shall not be considered a special Government employee for any purpose. ``(5) No termination.--Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. ``Sec. 7108. Implementation of labor-management partnerships throughout the executive branch ``The head of each agency that is subject to this chapter or any other authority permitting employees of the agency to select an exclusive representative shall take the following actions: ``(1) Create labor-management partnerships by forming labor-management committees or councils at appropriate levels, or adapting existing committees or councils if such groups exist. ``(2) Involve employees and employee representatives as full partners with management representatives to improve the civil service to better serve the public and carry out the mission of the agency. ``(3) Provide systemic training of appropriate agency employees (including line managers, first-line supervisors, and labor organization representatives) in consensual methods of dispute resolution, such as alternative dispute resolution techniques and interest-based bargaining approaches. ``(4)(A) Allow employees and employee representatives to have pre-decisional involvement in all workplace matters to the fullest extent practicable, without regard to whether those matters are negotiable subjects of bargaining under section 7106. ``(B) Provide adequate information on the matters described in subparagraph (A) expeditiously to employee representatives where not prohibited by law. ``(C) Make a good-faith attempt to resolve issues concerning proposed changes in conditions of employment, including those involving the subjects set forth in section 7106(b)(1), through discussions in the labor-management committees or councils established or adapted by the agency under paragraph (1) of this section. ``(5) Evaluate progress and improvements in organizational performance resulting from the labor-management partnerships described in paragraph (1).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 71 of title 5, United States Code, is amended by inserting after the item relating to section 7106 the following: ``7107. Federal Labor-Management Partnership Council. ``7108. Implementation of labor-management partnerships throughout the executive branch.''.

Federal Labor-Management Partnership Act of 2018 This bill establishes the Federal Labor-Management Partnership Council to: (1) advise the President on matters involving labor-management relations in the executive branch; (2) collect and disseminate information about and provide guidance on partnership efforts in the executive branch, including the results of those efforts; and (3) use the expertise of individuals, both inside and outside the federal government, to foster partnership arrangements in the executive branch. The head of each agency that is subject to authority permitting employees of the agency to select an exclusive representative shall take the following actions: (1) create labor-management partnerships by forming labor-management committees or councils at appropriate levels, or adapting existing committees or councils if such groups exist; (2) involve employees and employee representatives as full partners with management representatives to improve the civil service to better serve the public and carry out the mission of the agency; (3) provide systemic training of appropriate agency employees (including line managers, first-line supervisors, and labor organization representatives) in consensual methods of dispute resolution; (4) allow employees and employee representatives to have pre-decisional involvement in all workplace matters to the fullest extent practicable, without regard to whether those matters are negotiable subjects of bargaining; and (5) evaluate progress and improvements in organizational performance resulting from labor-management partnerships.

Federal Labor-Management Partnership Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commonsense Ozone Regulation Act''. SEC. 2. EXCLUSIVE APPLICATION OF 8-HOUR NAAQS TO COVERED EXTREME OZONE NONATTAINMENT AREAS. (a) In General.--Notwithstanding section 172(e) of the Clean Air Act (42 U.S.C. 7502(e)), any covered extreme ozone nonattainment area shall not be subject to any control (as defined in section 4(2)) pursuant to the 1-hour national primary ambient air quality standard for ozone. (b) Retroactive Applicability.--Subsection (a) applies as of the effective date of the classification of the area involved as extreme pursuant to the 8-hour national primary ambient air quality standard for ozone promulgated on July 18, 1997 (62 Fed. Reg. 38856). SEC. 3. POSTPONEMENT OF FUTURE OZONE STANDARDS FOR COVERED EXTREME OZONE NONATTAINMENT AREAS. (a) Postponement of Standard.--With respect to any covered extreme ozone nonattainment area-- (1) the Administrator may take such steps as are necessary to classify the area pursuant to any rule setting the level of the 8-hour national primary ambient air quality standard for ozone below 0.08 parts per million; and (2) until the date that is 6 months after a report on the feasability of compliance in the area with the rule described in paragraph (1) is submitted to the Congress and the Administrator under subsection (b)(4)-- (A) the rule described in paragraph (1) shall not otherwise apply; and (B) the 8-hour national primary ambient air quality standard for ozone in effect as of January 1, 2011, shall continue to apply. (b) Local Advisory Committees.-- (1) Establishment and applicability.--Subsection (a) applies with respect to a covered extreme ozone nonattainment area only if the governing board of the responsible local air agency agrees to establish, in accordance with this subsection, a local advisory committee to study the feasibility of compliance in such area with a rule described in subsection (a)(1). (2) Members.--Each local advisory committee under this subsection shall be composed of the following members, to be appointed by the governing board of the responsible local air agency: (A) A representative of the governing board of the responsible local air agency. (B) A local representative of the energy industry. (C) A local representative of the agriculture industry. (D) A local representative of the manufacturing and processing industry. (E) A local representative of the transportation industry. (F) A local representative of local government. (G) A local representative of the health care industry. (H) A local environmental justice representative. (3) Study.-- (A) Feasibility of compliance with rule.--Each local advisory committee under this subsection shall conduct a study on the feasability of compliance in the applicable covered extreme ozone nonattainment area with a rule described in subsection (a)(1), taking into account-- (i) topography of the area; (ii) weather in the area; (iii) foreign sources of pollution (both stationary and mobile) that cause ozone formation in the area; (iv) pass-through traffic and its impact on ozone formation in the area; (v) exceptional events in the area; (vi) current and future technologies needed to bring the area into compliance with the rule; and (vii) natural ozone background levels in the area. (B) Costs of compliance with rule.--Each study described in subparagraph (A) shall address the potential adverse employment impacts of, and the costs of compliance with, a rule described in subsection (a)(1) for local businesses, agriculture operations, and residents in the applicable covered extreme ozone nonattainment area. (4) Report.--Not later than 5 years after a rule described in subsection (a)(1) is promulgated as final-- (A) each local advisory committee under this subsection shall submit to the governing board of the responsible local air agency a report on the results of the study by the committee under paragraph (3), including any findings and recommendations of the committee; and (B) such governing board shall immediately submit such report, without change, to the Congress and the Administrator. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Control.--The term ``control'' has the meaning given to such term for purposes of section 172(e) of the Clean Air Act (42 U.S.C. 7502(e)) and includes any fee or penalty under section 185 of such Act (42 U.S.C. 7511d)). (3) Covered extreme ozone nonattainment area.--The term ``covered extreme ozone nonattainment area'' means a nonattainment area for ozone classified as extreme as of January 1, 2011, pursuant to the 8-hour national primary ambient air quality standard for ozone promulgated on July 18, 1997 (62 Fed. Reg. 38856). (4) Exceptional event.--The term ``exceptional event'' has the meaning given such term in section 319(b) of the Clean Air Act (42 U.S.C. 7619(b)). (5) Responsible local air agency.--The term ``responsible local air agency'' means the local air district or other local government agency or authority with responsibility for enforcing requirements relating to the prevention and regulation of air pollution for the area involved.

Commonsense [sic] Ozone Regulation Act - Prohibits a nonattainment area for ozone classified as extreme as of January 1, 2011, pursuant to the 8-hour national primary ambient air quality standard for ozone promulgated on July 18, 1997, from being subject to any control pursuant to the 1-hour national primary ambient air quality standard for ozone. Authorizes the Administrator of the Environmental Protection Agency (EPA) to classify such an area pursuant to any rule setting the level of the 8-hour standard for ozone below 0.08 parts per million. Provides that such rule will not apply, and the 8-hour national primary ambient air quality standard for ozone will continue to apply, until six months after a report on the feasibility of compliance with such rule is submitted to Congress and the Administrator. Applies such requirements with respect to such areas only if the governing board of the responsible local air agency agrees to establish a local advisory committee to study the feasibility of compliance with such rule. Requires each feasibility study to address the potential adverse employment impacts of, and the cost of compliance with, such rule for local businesses, agriculture operations, and residents in such areas. Requires such committees to report to such boards on the results of such study no later than five years after such rule is promulgated.

To address the application of the national primary ambient air quality standard for ozone with respect to extreme nonattainment areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Paycheck Fairness Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) Workers who pay dues or fees to a labor organization may not, as a matter of law, be required to pay to that organization any dues or fees supporting activities that are not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. (2) Many labor organizations use portions of the dues or fees they collect from the workers they represent for activities that are not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. These dues may be used to support political, social, or charitable causes or many other noncollective bargaining activities. Unfortunately, many workers who pay such dues or fees have insufficient information both about their rights regarding the payment of dues or fees to a labor organization and about how labor organizations spend employee dues or fees. (3) It is a fundamental tenet of this Nation that all men and women have a right to make individual and informed choices about the political, social, or charitable causes they support, and the law should protect that right to the greatest extent possible. SEC. 3. PURPOSE. The purpose of this Act is to ensure that all workers have sufficient information about their rights regarding the payment of dues or fees to labor organizations and the uses of employee dues and fees by labor organizations and that the right of all workers to make individual and informed choices about the political, social, or charitable causes they support is protected to the greatest extent possible. SEC. 4. WRITTEN CONSENT. (a) In General.-- (1) Authorization.--A labor organization accepting payment of any dues or fees from an employee as a condition of employment pursuant to an agreement authorized by Federal law must secure from each employee prior, voluntary, written authorization for any portion of such dues or fees which will be used for activities not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. (2) Requirements.--Such written authorization shall clearly state that an employee may not be required to provide such authorization and that if such authorization is provided, the employee agrees to allow any dues or fees paid to the labor organization to be used for activities which are not necessary to performing the duties of exclusive representation and which may be political, social, or charitable in nature. (b) Revocation.--An authorization described in subsection (a) shall remain in effect until revoked. Such revocation shall be effective upon 30 days written notice. (c) Civil Action by Employees.-- (1) Liability.--Any labor organization which violates this section or section 7 shall be liable to the affected employee-- (A) for damages equal to-- (i) the amount of the dues or fees accepted in violation of this section; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and (B) for such equitable relief as may be appropriate. (2) Right of action.--An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any labor organization in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of-- (A) the employees; or (B) the employees and other employees similarly situated. (3) Fees and costs.--The court in such action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitation.--An action may be brought under this subsection not later than 2 years after the date the employee knew or should have known that dues or fees were accepted or spent by a labor organization in violation of this Act, except that such period shall be extended to 3 years in the case of a willful violation. SEC. 5. NOTICE. An employer whose employees are represented by a collective bargaining representative shall be required to post a notice, of such size and in such form as the Department of Labor shall prescribe, in conspicuous places in and about its plants and offices, including all places where notices to employees are customarily posted, informing employees that any labor organization accepting payment of any dues or fees from an employee as a condition of employment pursuant to an agreement authorized by Federal law must secure from each employee prior, written authorization if any portion of such dues or fees will be used for activities not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. SEC. 6. DISCLOSURE TO WORKERS. (a) Expenses Reporting.--Section 201(b) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end the following new sentence: ``Every labor organization shall be required to attribute and report expenses in such detail as necessary to allow members to determine whether such expenses were necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues.'' (b) Disclosure.--Section 201(c) of the Labor-Management Reporting and Disclosure Act of 1959 is amended-- (1) by inserting ``and employees required to pay any dues or fees to such organization'' after ``members''; and (2) inserting ``or employee required to pay any dues or fees to such organization'' after ``member'' each place it appears. (c) Written Requests.--Section 205(b) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end the following new sentence: ``Upon written request, the Secretary shall make available complete copies of any report or other document filed pursuant to section 201.''. SEC. 7. RETALIATION AND COERCION PROHIBITED. It shall be unlawful for any labor organization to coerce, intimidate, threaten, interfere with, or retaliate against any employee in the exercise of, or on account of having exercised, any right granted or protected by this Act. SEC. 8. REGULATIONS. (a) In General.--The Secretary of Labor shall prescribe such regulations as are necessary to carry out section 5 not later than 60 days after the enactment of this Act and shall prescribe such regulations as are necessary to carry out the amendments made by section 6 not later than 120 days after the enactment of this Act. (b) Duties of Federal Election Commission.--The Federal Election Commission shall provide assistance to the Secretary of Labor in prescribing regulations under this Act, including providing the Secretary with an analysis comparing this Act and the amendments made by this Act with related provisions regarding labor organizations and their members under the Federal Election Campaign Act of 1971. SEC. 9. EFFECTIVE DATE AND APPLICATION. This Act shall be effective immediately upon enactment, except that sections 4 and 5 pertaining to worker consent and notice shall take effect 90 days after enactment and section 6 pertaining to disclosure shall take effect 150 days after enactment.

Worker Paycheck Fairness Act of 1999 - Requires a labor union accepting payment of any dues or fees from an employee as a condition of employment to secure from each employee a prior, voluntary, written authorization for any portion of such dues or fees which will be used for activities not necessary to performing the duties of exclusive representation in dealing with the employer on labor-management issues. Gives employees a right of civil action against any labor union which violates this requirement. Requires employers to post notice relating to such requirement. Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification in detail necessary to allow its members to determine whether such expenses were necessary to performing the duties of exclusive representation in dealing with the employer on labor-management issues. Requires disclosure under such Act to employees required to pay any union dues or fees (under a union security agreement) as well as to union members. Makes it unlawful for any labor organization to coerce, intimidate, threaten, interfere with, or retaliate against any employee in the exercise of, or on account of having exercised, any right granted or protected by this Act. Directs the Federal Election Commission to provide assistance to the Secretary of Labor in prescribing regulations under this Act, including providing the Secretary with an analysis comparing this Act and the amendments it makes with related provisions regarding labor organizations and their members under the Federal Election Campaign Act of 1971.

Worker Paycheck Fairness Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Useful Career Counseling in Elementary and Secondary Schools (SUCCESS) Act of 2018''. SEC. 2. BEST PRACTICES FOR SECONDARY SCHOOL COUNSELORS TRAINING GRANT. Section 114 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324) is amended-- (1) by redesignating subsection (e) as subsection (g); (2) in subsection (d)-- (A) in paragraph (2)(A), by striking ``subsection (e)'' and inserting ``subsection (g)''; and (B) in paragraph (4)(A), by striking ``subsection (e)'' and inserting ``subsection (g)''; and (3) by inserting after subsection (d) the following: ``(e) Best Practices for Elementary and Secondary School Counselors Training Grant.-- ``(1) In general.-- ``(A) Grant activities.--The Secretary shall award grants, on a competitive basis, to institutions of higher education or other entities that provide State- recognized elementary and secondary school counseling credentials (referred to in this subsection as `grantees') to enable those grantees to-- ``(i) consult with State boards or local boards (as those terms are defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)) to assess local and regional employment needs and trends; ``(ii) not later than 6 months after receipt of the award, develop best practices for training elementary and secondary school counselors on career counseling based on those trends; ``(iii) develop curricula, training modules, or materials to train elementary and secondary school counselors based on those best practices; and ``(iv) not later than 12 months after receipt of the award, start carrying out the best practices described in clause (ii) using the curricula, modules, or materials described in clause (iii) at one or more counselor training sites. ``(B) Best practices.--The best practices developed through grants under this subsection shall aim to improve-- ``(i) elementary and secondary school counselor awareness of both postsecondary education and postsecondary career options, including 2-year programs at institutions of higher education, short-term credentials, apprenticeship programs, and other skilled job training programs that lead to in-demand occupations; ``(ii) the ability of elementary and secondary school counselors to communicate to students the career opportunities and employment trends identified under subparagraph (A)(i); and ``(iii) the ability of elementary and secondary school counselors to discuss a comprehensive range of options for financing postsecondary education that will minimize student debt burden. ``(2) Evaluation of best practices.-- ``(A) Annual analysis.--Beginning not later than 24 months after receiving a grant award under this subsection, each grantee shall-- ``(i) annually analyze the results of the activities carried out under the grant, including-- ``(I) changes in the skills and knowledge of school counselors resulting from the grant program; ``(II) the number of students who receive career counseling from elementary and secondary school counselors who received training that was developed with assistance from the grant program; ``(III) changes in the number of students who enroll in postsecondary programs discussed by those counselors; and ``(IV) any other results, as determined by the Secretary; and ``(ii) determine, using the results of that analysis, the extent to which the best practices developed with a grant under this subsection are evidence-based. ``(B) Assessment.--Beginning not later than 4 years after the award of a grant under this subsection, and continuing annually for 5 additional years, each grantee shall submit an assessment of the grant program to the Secretary, which shall include-- ``(i) a description of the best practices that are determined to be evidenced-based in accordance with subparagraph (A)(ii); and ``(ii) a description of the best practices that are determined to require further review in order to determine whether those practices are evidence-based. ``(3) Dissemination of best practices.--Beginning not later than 4 years after the award of a grant under this subsection, and continuing annually for 5 additional years, the Secretary shall-- ``(A) post on the website of the Department and the website of the Perkins Collaborative Resource Network the best practices that are identified in an assessment under subparagraph (B)(i); and ``(B) disseminate those best practices to States, State boards and local boards, institutions of higher education, local educational agencies, and other entities, as determined by the Secretary. ``(f) National Analysis of State Policy for Counselor Training Requirements.--The Comptroller General shall prepare and submit a report on State elementary and secondary school counselor certification and recertification requirements. The report shall discuss the impact of those requirements on the availability of career counseling that effectively informs elementary and secondary school students about postsecondary options that lead to in-demand occupations and that minimize student debt.''.

Supporting Useful Career Counseling in Elementary and Secondary Schools (SUCCESS) Act of 2018 This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to direct the Department of Education (ED) to award competitive grants to enable institutions of higher education or other entities that provide state-recognized elementary and secondary school counseling credentials to: consult with state or local boards to assess local and regional employment needs and trends; develop best practices for training school counselors to provide career counseling based on those trends; and  implement curricula, training modules, or materials to train school counselors based on those best practices. ED shall publish and disseminate the best practices. The Government Accountability Office shall report on school counselor certification requirements and the impact of those requirements on the availability of effective career counseling.

Supporting Useful Career Counseling in Elementary and Secondary Schools (SUCCESS) Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Red River Gradient Boundary Survey Act''. SEC. 2. DEFINITIONS. In this Act: (1) Affected area.-- (A) In general.--The term ``affected area'' means land along the approximately 116-mile stretch of the Red River, from its confluence with the north fork of the Red River on the West to the 98th meridian on the east. (B) Exclusions.--The term ``affected area'' does not include the portion of the Red River within the boundary depicted on the survey prepared by the Bureau of Land Management entitled ``Township 5 South, Range 14 West, of the Indian Meridian, Oklahoma, Dependent Resurvey and Survey'' and dated February 28, 2006. (2) Gradient boundary survey method.--The term ``gradient boundary survey method'' means the measurement technique used to locate the South Bank boundary line in accordance with the methodology established in Oklahoma v. Texas, 261 U.S. 340 (1923) (recognizing that the boundary line along the Red River is subject to change due to erosion and accretion). (3) Landowner.--The term ``landowner'' means any individual, group, association, corporation, federally recognized Indian tribe or member of such an Indian tribe, or other private or governmental legal entity that owns an interest in land in the affected area. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (5) South bank.--The term ``South Bank'' means the water- washed and relatively permanent elevation or acclivity (commonly known as a ``cut bank'') along the southerly or right side of the Red River that-- (A) separates the bed of that river from the adjacent upland, whether valley or hill; and (B) usually serves, as specified in the fifth paragraph of Oklahoma v. Texas, 261 U.S. 340 (1923)-- (i) to confine the waters within the bed; and (ii) to preserve the course of the river. (6) South bank boundary line.--The term ``South Bank boundary line'' means the boundary, with respect to title and ownership, between the States of Oklahoma and Texas identified through the gradient boundary survey method that does not impact or alter the permanent political boundary line between the States along the Red River, as outlined under article II, section B of the Red River Boundary Compact enacted by the States and consented to by Congress pursuant to Public Law 106- 288 (114 Stat. 919). SEC. 3. SURVEY OF SOUTH BANK BOUNDARY LINE. (a) Survey Required.-- (1) In general.--The Secretary shall commission a survey to identify the South Bank boundary line in the affected area. (2) Requirements.--The survey shall-- (A) adhere to the gradient boundary survey method; (B) span the length of the affected area; (C) be conducted by surveyors that are-- (i) licensed and qualified to conduct official gradient boundary surveys; and (ii) selected jointly by and operating under the direction of-- (I) the Texas General Land Office, in consultation with each affected federally recognized Indian tribe; and (II) the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma and each affected federally recognized Indian tribe; and (D) be completed not later than 2 years after the date of enactment of this Act. (b) Approval.-- (1) State approval.-- (A) In general.--Not later than 60 days after the date on which the survey under subsection (a)(1) is completed, the Secretary shall submit the survey for approval to-- (i) the Texas General Land Office, in consultation with each affected federally recognized Indian tribe; and (ii) the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma and each affected federally recognized Indian tribe. (B) Timing of approval.--Not later than 60 days after the date of receipt of the survey under subparagraph (A), the Texas General Land Office, in consultation with each affected federally recognized Indian tribe, and the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma and each affected federally recognized Indian tribe, shall determine whether to approve the survey. (C) Surveys of individual parcels.-- (i) In general.--Surveys of individual parcels in the affected area shall be conducted in accordance with this section. (ii) Approval or disapproval.--A survey of an individual parcel conducted under clause (i) shall be approved or disapproved, on an individual basis, by the Texas General Land Office, in consultation with each affected federally recognized Indian tribe, and the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma and each affected federally recognized Indian tribe, by not later than 60 days after the date of receipt of the survey. (2) No federal approval required.--The survey conducted under subsection (a)(1), and any survey of an individual parcel described in paragraph (1)(C), shall not be submitted to the Secretary for approval. (c) Notices.-- (1) Secretary.--Not later than 60 days after the date on which a survey for an individual parcel is approved by the Texas General Land Office and the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma, under subsection (b)(1)(C), the heads of those offices shall submit to the Secretary-- (A) a notice of the approval of the survey; and (B) a copy of-- (i) the survey; and (ii) any field notes relating to the individual parcel. (2) Adjacent landowners.--Not later than 30 days after the date on which the Secretary receives a notice relating to an individual parcel under paragraph (1), the Secretary shall provide to each landowner of land adjacent to the individual parcel-- (A) a notice of the approval of the survey; and (B) a copy of-- (i) the survey; and (ii) any field notes relating to the individual parcel. SEC. 4. EFFECT OF ACT. Nothing in this Act-- (1) modifies any interest of the State of Oklahoma or Texas, or the sovereignty, property, or trust rights of any federally recognized Indian tribe, relating to land located north of the South Bank boundary line, as established by the survey; (2) modifies any land patented under the Act of December 22, 1928 (45 Stat. 1069, chapter 47; 43 U.S.C. 1068) (commonly known as the ``Color of Title Act''), before the date of enactment of this Act; (3) modifies or supersedes the Red River Boundary Compact enacted by the States of Oklahoma and Texas and consented to by Congress pursuant to Public Law 106-288 (114 Stat. 919); (4) creates or reinstates any Indian reservation or any portion of such a reservation; or (5) alters any valid right of the State of Oklahoma or the Kiowa, Comanche, or Apache Indian tribes to the mineral interest trust fund established under the Act of June 12, 1926 (44 Stat. 740, chapter 572). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary to carry out this Act $1,000,000.

Red River Gradient Boundary Survey Act This bill directs the Bureau of Land Management (BLM) to commission a survey to identify the South Bank boundary line with respect to land along a specified 116-mile stretch of the Red River in Oklahoma and Texas (the affected area). The survey shall: adhere to the gradient boundary survey method; span the length of the affected area; be conducted by surveyors who are licensed and qualified to conduct official gradient boundary surveys, and selected by and operating under the direction of the Texas General Land Office and the Oklahoma Commissioners of the Land Office (the offices); and be completed within two years of enactment of this bill. The BLM shall submit the survey to the offices for approval and, within 60 days of receiving it, they shall determine whether to approve it. Surveys of individual parcels in the affected area shall be conducted according to the requirements for the survey of the South Bank boundary line. A survey of such a parcel shall be approved or disapproved by the offices within 60 days of receipt. The survey for identifying the South Bank boundary line and any survey of an individual parcel shall not be submitted to the BLM for approval. After a survey for an individual parcel has been approved, the offices shall submit to the BLM: a notice of the approval of such survey, and a copy of such survey and any field notes related to the parcel.

Red River Gradient Boundary Survey Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promotion of Commerce On-Line in the Digital Era (Pro-CODE) Act of 1996''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds the following: (1) The ability to digitize information makes carrying out tremendous amounts of commerce and personal communication electronically possible. (2) Miniaturization, distributed computing, and reduced transmission costs make communication via electronic networks a reality. (3) The explosive growth in the Internet and other computer networks reflects the potential growth of electronic commerce and personal communication. (4) The Internet and the global information infrastructure have the potential to revolutionize the way individuals and businesses conduct business. (5) The full potential of the Internet for the conduct of business cannot be realized as long as it is an insecure medium in which confidential business information and sensitive personal information remain at risk of unauthorized viewing, alteration, and use. (6) Encryption of information enables businesses and individuals to protect themselves against the unauthorized viewing, alteration, and use of information by employing widely understood and readily available science and technology to ensure the confidentiality, authenticity, and integrity of information. (7) In order to promote economic growth and meet the needs of businesses and individuals in the United States, a variety of encryption products and programs should be available to promote strong, flexible, and commercially acceptable encryption capabilities. (8) United States computer, computer software and hardware, communications, and electronics businesses are leading the world technology revolution, as those businesses have developed and are prepared to offer immediately to computer users worldwide a variety of communications and computer hardware and computer software that provide strong, robust, and easy-to-use encryption. (9) United States businesses seek to market the products described in paragraph (8) in competition with scores of foreign businesses in many countries that offer similar, and frequently stronger, encryption products and programs. (10) United States businesses have been discouraged from further developing and marketing products with encryption capabilities because of regulatory efforts by the Secretary of Commerce, acting through the National Institute of Standards and Technology, and other entities to promulgate standards and guidelines in support of government-designed solutions to encryption problems that-- (A) were not developed in the private sector; and (B) have not received widespread commercial support. (11) Because of outdated Federal controls, United States businesses have been prohibited from exporting strong encryption products and programs. (12) The Secretary of Commerce, acting through the National Institute of Standards and Technology, has attempted to leverage the desire of United States businesses to sell commercial products to the United States Government, and sell a single product worldwide, to force the businesses to include features in products sold by the businesses in the United States and in foreign countries that will allow the Federal Government easy access to the plain text of all electronic information and communications. (13) Specifically, the Secretary of Commerce, acting through the National Institute of Standards and Technology, has proposed that United States businesses be allowed to sell products and programs offering strong encryption to the United States Government and in foreign countries only if the products and programs include a feature guaranteeing the Federal Government access to a key that decrypts information (hereafter in this section referred to as ``key escrow encryption''). (14) The key escrow encryption approach to regulating encryption is reflected in the approval in 1994 by the National Institute of Standards and Technology of a Federal information processing standard for a standard of escrowed encryption, known as the ``clipper chip'', that was flawed and controversial. (15) The Federal Government-- (A) has designed key escrow encryption to solve a perceived problem; and (B) has ignored the fact that-- (i) there is no demonstrated commercial demand for features which give governments easy access to information; and (ii) numerous nonkey escrow encryption alternatives are available commercially from foreign suppliers and free of charge from the Internet. (16) In order to promote electronic commerce in the twenty- first century and to realize the full potential of the Internet and other computer networks-- (A) United States businesses should be encouraged to develop and market products and programs offering encryption capabilities; and (B) the Federal Government should be prohibited from promulgating regulations and adopting policies that discourage the use and sale of encryption. (b) Purpose.--The purpose of this Act is to promote electronic commerce through the use of strong encryption by-- (1) recognizing that businesses in the United States that offer computer hardware and computer software made in the United States that incorporate encryption technology are ready and immediately able, with respect to electronic information that will be essential to conducting business in the twenty- first century to provide products that are designed to-- (A) protect the confidentiality of that information; and (B) ensure the authenticity and integrity of that information; (2) restricting the Department of Commerce with respect to the promulgation or enforcement of regulations, or the application of policies, that impose government-designed encryption standards; and (3) promoting the ability of United States businesses to sell to computer users worldwide computer software and computer hardware that provide the strong encryption demanded by such users by-- (A) restricting Federal or State regulation of the sale of such products and programs in interstate commerce; (B) prohibiting mandatory key escrow encryption systems; and (C) establishing conditions for the sale of encryption products and programs in foreign commerce. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) As is.--The term ``as is'' means, in the case of computer software (including computer software with encryption capabilities), a computer software program that is not designed, developed, or tailored by a producer of computer software for specific users or purchasers, except that such term may include computer software that-- (A) is produced for users or purchasers that supply certain installation parameters needed by the computer software program to function properly with the computer system of the user or purchaser; or (B) is customized by the user or purchaser by selecting from among options contained in the computer software program. (2) Computing device.--The term ``computing device'' means a device that incorporates one or more microprocessor-based central processing units that are capable of accepting, storing, processing, or providing output of data. (3) Computer hardware.--The term ``computer hardware'' includes computer systems, equipment, application-specific assemblies, modules, and integrated circuits. (4) Decryption.--The term ``decryption'' means the unscrambling of wire or electronic communications or information using mathematical formulas, codes, or algorithms. (5) Decryption key.--The term ``decryption key'' means the variable information used in a mathematical formula, code, or algorithm, or any component thereof, used to decrypt wire or electronic communications or information that has been encrypted. (6) Designed for installation by the user or purchaser.-- The term ``designed for installation by the user or purchaser'' means, in the case of computer software (including computer software with encryption capabilities) computer software-- (A) with respect to which the producer of that computer software-- (i) intends for the user or purchaser (including any licensee or transferee), to install the computer software program on a computing device; and (ii) has supplied the necessary instructions to do so, except that the producer or distributor of the computer software program (or any agent of such producer or distributor) may also provide telephone help-line or onsite services for computer software installation, electronic transmission, or basic operations; and (B) that is designed for installation by the user or purchaser without further substantial support by the supplier. (7) Encryption.--The term ``encryption'' means the scrambling of wire or electronic communications or information using mathematical formulas, codes, or algorithms in order to preserve the confidentiality, integrity, or authenticity of such communications or information and prevent unauthorized recipients from accessing or altering such communications or information. (8) General license.--The term ``general license'' means a general authorization that is applicable to a type of export that does not require an exporter of that type of export to, as a condition to exporting-- (A) submit a written application to the Secretary; or (B) receive prior written authorization by the Secretary. (9) Generally available.--The term ``generally available'' means, in the case of computer software (including software with encryption capabilities), computer software that-- (A) is distributed via the Internet or that is widely offered for sale, license, or transfer (without regard to whether it is offered for consideration), including over-the-counter retail sales, mail order transactions, telephone order transactions, electronic distribution, or sale on approval; or (B) preloaded on computer hardware that is widely available. (10) Internet.--The term ``Internet'' means the international computer network of both Federal and non-Federal interconnected packet-switched data networks. (11) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (12) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. SEC. 4. RESTRICTION OF DEPARTMENT OF COMMERCE ENCRYPTION ACTIVITIES IMPOSING GOVERNMENT ENCRYPTION SYSTEMS. (a) Limitation on Regulatory Authority Concerning Encryption Standards.--The Secretary may not (acting through the National Institute of Standards and Technology or otherwise) promulgate, or enforce regulations, or otherwise adopt standards or carry out policies that result in encryption standards intended for use by businesses or entities other than Federal computer systems. (b) Limitation on Authority Concerning Exports of Computer Hardware and Computer Software With Encryption Capabilities.--The Secretary may not promulgate or enforce regulations, or adopt or carry out policies in a manner inconsistent with this Act, or that have the effect of imposing government-designed encryption standards on the private sector by restricting the export of computer hardware and computer software with encryption capabilities. SEC. 5. PROMOTION OF COMMERCIAL ENCRYPTION PRODUCTS. (a) Prohibition on Restrictions on Sale or Distribution in Interstate Commerce.-- (1) In general.--Notwithstanding any other provision of law, neither the Federal Government nor any State may restrict or regulate the sale in interstate commerce, by any person of any product or program with encryption capabilities. Nothing in this paragraph may be construed to preempt any provision of Federal or State law applicable to contraband or regulated substances. (2) Applicability.--Paragraph (1) shall apply without regard to the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used for a product or program with encryption capabilities. (b) Prohibition on Mandatory Key Escrow.--Neither the Federal Government nor any State may require, as a condition of sale in interstate commerce, that a decryption key be given to any other person (including a Federal agency or an entity in the private sector that may be certified or approved by the Federal Government or a State). (c) Control of Exports by Secretary.-- (1) General rule.--Notwithstanding any other provision of law and subject to paragraphs (2), (3), and (4), the Secretary shall have exclusive authority to control exports of all computer hardware, computer software, and technology with encryption capabilities, except computer hardware, computer software, and technology that is specifically designed or modified for military use, including command, control, and intelligence applications. (2) Items that do not require validated licenses.--Only a general license may be required, except as otherwise provided under the Trading With The Enemy Act (50 U.S.C. App. 1 et seq.) or the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (but only to the extent that the authority of the International Emergency Economic Powers Act is not exercised to extend controls imposed under the Export Administration Act of 1979), for the export or reexport of-- (A) any computer software, including computer software with encryption capabilities, that is-- (i) generally available, as is, and designed for installation by the user or purchaser; or (ii) in the public domain (including on the Internet) or publicly available because it is generally accessible to the interested public in any form; or (B) any computing device or computer hardware solely because it incorporates or employs in any form computer software (including computer software with encryption capabilities) that is described in subparagraph (A). (3) Computer software and computer hardware with encryption capabilities.-- (A) In general.--Except as provided in subparagraph (B), the Secretary shall authorize the export or reexport of computer software and computer hardware with encryption capabilities under a general license for nonmilitary end-uses in any foreign country to which those exports of computer software and computer hardware of similar capability are permitted for use by financial institutions that the Secretary determines not to be controlled in fact by United States persons. (B) Exception.--The Secretary shall prohibit the export or reexport of computer software and computer hardware described in subparagraph (A) to a foreign country if the Secretary determines that there is substantial evidence that such software and computer hardware will be-- (i) diverted to a military end-use or an end-use supporting international terrorism; (ii) modified for military or terrorist end-use; or (iii) reexported without the authorization required under Federal law. (d) Statutory Construction.--Nothing in this Act may be construed to affect any law in effect on the day before the date of enactment of this Act designed to prevent the distribution of descramblers and any other equipment for illegal interceptions cable and satellite television signals.

Promotion of Commerce On-Line in the Digital Era (Pro-CODE) Act of 1996 - Prohibits the Secretary of Commerce (acting through the National Institute of Standards and Technology or otherwise) from promulgating or enforcing regulations, or otherwise adopting standards or carrying out policies: (1) that result in encryption standards intended for use by businesses or entities other than Federal computer systems; or (2) in a manner inconsistent with this Act, or that have the effect of imposing Government-designed encryption standards on the private sector by restricting the export of computer hardware and computer software with encryption capabilities. (Sec. 5) Prohibits the Federal and State governments from: (1) restricting or regulating the interstate sale by any person of any product with encryption capabilities; or (2) requiring, as a condition of such a sale, that a decryption key be given to any other person (including a Federal agency or a private entity certified or approved by the Federal or a State government). Grants the Secretary exclusive authority to control exports of all computer hardware, software, and technology with encryption capabilities, except that which is specifically designed or modified for military use, including command, control, and intelligence applications. Prohibits requiring any validated license (with limited exceptions) for the export or reexport of any: (1) computer software, including that with encryption capabilities, that is generally available, as is, and designed for installation by the purchaser, or that is in the public domain (including on the Internet) or publicly available because it is generally accessible to the public in any form; or (2) computing device or computer hardware solely because it incorporates or employs in any form such computer software (including that with encryption capabilities). Directs the Secretary to authorize the export or reexport of computer software with encryption capabilities under a general license for nonmilitary end-uses in any country to which exports of software or hardware of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software and hardware will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without requisite Federal authorization. Declares that nothing in this Act may be construed to affect any law in effect before this Act's enactment designed to prevent the distribution of descramblers and any other equipment for illegal interceptions of cable and satellite television signals.

Promotion of Commerce On-Line in the Digital Era (Pro-C0DE) Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Utah Schools and Lands Improvement Act of 1993''. SEC. 2. UTAH-NAVAJO LAND EXCHANGE. (a) Additions to Reservation.--For the purpose of securing in trust for the Navajo Nation certain lands belonging to the State of Utah, which comprise approximately thirty-eight thousand five hundred acres of surface and subsurface estate, and approximately an additional nine thousand five hundred acres of subsurface estate, as generally depicted on the map entitled ``Utah-Navajo Land Exchange'', dated May 18, 1992, such lands are hereby declared to be part of the Navajo Indian Reservation in the State of Utah effective upon the completion of conveyance from the State of Utah and acceptance of title by the United States. (b) Authorization.--The Secretary of the Interior is authorized to acquire through exchange those lands described in subsection (a) which are owned by the State of Utah, subject to valid existing rights. SEC. 3. STATE LANDS WITHIN THE GOSHUTE INDIAN RESERVATION. (a) Addition to Reservation.--For the purpose of securing in trust for the Goshute Indian Tribe certain lands belonging to the State of Utah, which comprise approximately nine hundred eighty acres of surface and subsurface estate, and an additional four hundred and eighty acres of subsurface estate, as generally depicted on the map entitled ``Utah- Goshute Land Exchange'', dated May 18, 1992, such lands are hereby declared to be part of the Goshute Indian Reservation in the State of Utah effective upon the completion of conveyance from the State of Utah and acceptance of title by the United States. (b) Authorization.--The Secretary of the Interior is authorized to acquire through exchange those lands described in subsection (a) which are owned by the State of Utah, subject to valid existing rights. (c) Other Land.--(1) The following tract of Federal land located in the State of Nevada, comprising approximately five acres more or less, together with all improvements thereon is hereby declared to be part of the Goshute Indian Reservation, and shall be held in trust for the Goshute Indian Tribe: Township 30 north, range 69 east, lots 5, 6, 7, 9, 11, and 14 of section 34. (2) No part of such lands shall be used for gaming or any related purpose. SEC. 4. IMPLEMENTATION. The exchanges authorized by sections 2 and 3 of this Act shall be conducted without cost to the Navajo Nation and the Goshute Indian Tribe. SEC. 5. STATE LANDS WITHIN THE NATIONAL FOREST SYSTEM. (a) Authorization.--The Secretary of Agriculture is authorized to accept on behalf of the United States the school and institutional trust lands owned by the State of Utah within units of the National Forest System, comprising approximately seventy-six thousand acres as depicted on a map entitled ``Utah Forest Land Exchange'', dated May 18, 1992. (b) Status.--Any lands acquired by the United States pursuant to this section shall become a part of the national forest within which such lands are located and shall be subject to all the laws and regulations applicable to the National Forest System. SEC. 6. STATE LANDS WITHIN THE NATIONAL PARK SYSTEM. (a) Authorization.--The Secretary of the Interior is hereby authorized to accept on behalf of the United States all school and institutional trust lands owned by the State of Utah located within all units of the National Park System, comprising approximately eighty thousand acres, located within the State of Utah on the date of enactment of this Act. (b) Status.--(1) Notwithstanding any other provision of law, all lands of the State of Utah within units of the National Park System that are conveyed to the United States pursuant to this section shall become a part of the appropriate unit of the National Park System, and be subject to all laws and regulations applicable to that unit of the National Park System. (2) The Secretary of the Interior shall, as a part of the exchange process of this Act, compensate the State of Utah for the fair market value of five hundred eighty and sixty-four one-hundredths acres within Capitol Reef National Park that were conveyed by the State of Utah to the United States on July 2, 1971, for which the State has never been compensated. The fair market value of these lands shall be established pursuant to section 8 of this Act. SEC. 7. OFFER TO STATE. (a) Specific Offers.--Within thirty days after enactment of this Act, the Secretary of the Interior shall transmit to the State of Utah a list of lands, or interests in lands, within the State of Utah for transfer to the State of Utah in exchange for the State lands and interests described in sections 2, 3, 5, and 6 of this Act. Such list shall include only the following Federal lands, or interests in lands: (1) Blue Mountain Telecommunications Site, fee estate, approximately six hundred and forty acres. (2) Beaver Mountain Ski Resort Site, fee estate, approximately three thousand acres, as generally depicted on the map entitled ``Beaver Mountain Ski Resort'' dated September 16, 1992. (3) The unleased coal located in the Winter Quarters tract. (4) The unleased coal located in the Crandall Canyon tract. (5) All royalties receivable by the United States with respect to coal leases in the Quitchupah (Convulsion Canyon) tract. (6) The unleased coal located in the Cottonwood Canyon tract. (7) The unleased coal located in the Soldier Creek tract. (b) Additional Offers.--(1) In addition to the lands and interests specified in subsection (a), the Secretary shall offer to the State of Utah a portion of the royalties receivable by the United States with respect to Federal geothermal, oil, gas, or other mineral interests in Utah which on December 31, 1992, were under lease and covered by an approved permit to drill or plan of development and plan of reclamation, were in production, and were not under administrative or judicial appeal. (2) No offer under this subsection shall be for royalties aggregating more than 50 per centum of the total appraised value of the State lands described in sections 2, 3, 5, and 6. (3) The Secretary shall make no offer under this subsection which would enable the State of Utah to receive royalties under this section exceeding $12,500,000 annually. (4) If the total value of lands and interests therein and royalties offered to the State pursuant to subsections (a) and (b) is less than the total value of the State lands described in sections 2, 3, 5, and 6, the Secretary shall provide the State a list of all public lands in Utah that as of December 31, 1992, the Secretary in Resource Management Plans prepared, pursuant to the Federal Land Policy and Management Act of 1976, had identified as suitable for disposal by exchange or otherwise, and shall offer to transfer to the State any or all of such lands, as selected by the State, in partial exchange for such State lands, to the extent consistent with other applicable laws and regulations. SEC. 8. APPRAISAL OF LANDS TO BE EXCHANGED. (a) Equal Value.--All exchanges authorized under this Act shall be for equal value. No later than ninety days after enactment of this Act, the Secretary of the Interior, the Secretary of Agriculture, and the Governor of the State of Utah shall provide for an appraisal of the lands or interests therein involved in the exchanges authorized by this Act. A detailed appraisal report shall utilize nationally recognized appraisal standards including, to the extent appropriate, the Uniform Appraisal Standards for Federal Land Acquisition. (b) Deadline and Dispute Resolution.--(1) If after two years from the date of enactment of this Act, the parties have not agreed upon the final terms of some or all of the exchanges authorized by this Act, including the value of the lands involved in some or all of such exchanges, notwithstanding any other provisions of law, the United States District Court for the District of Utah, Central Division, shall have jurisdiction to hear, determine, and render judgment on the value of any and all lands, or interests therein, involved in the exchange. (2) Any action provided for in this subsection can be filed with the court no sooner than two years and no later than five years after the date of enactment of this Act. Any decision of a district court under this Act may be appealed in accordance with the applicable laws and rules. (c) Adjustment.--If the State shares revenue from the selected Federal properties the value of such properties shall be the value otherwise established under this section, less the percentage which represents the Federal revenue sharing obligation, but such adjustment shall not be considered as reflecting a property right of the State of Utah. (d) Interest.--Any royalty offer by the Secretary pursuant to subsection 7(b) shall be adjusted to reflect net present value as of the effective date of the exchange. The State shall be entitled to receive a reasonable rate of interest at a rate equivalent to a five- year treasury note on the balance of the value owed by the United States from the effective date of the exchange until full value is received by the State and mineral rights revert to the United States as prescribed by subsection 9(a)(3). SEC. 9. TRANSFER OF TITLE. (a) Terms.--(1) The State of Utah shall be entitled to receive so much of those lands or interests in lands and additional royalties described in section 7 that are offered by the Secretary of the Interior and accepted by the State as are equal in value to the State lands and interests described in sections 2, 3, 5, and 6. (2) For those properties where fee simple title is to be conveyed to the State of Utah, the Secretary of the Interior shall convey, subject to valid existing rights, all right, title, and interest, subject to the provisions of subsection (b). For those properties where less than fee simple is to be conveyed to the State of Utah, the Secretary shall reserve to the United States all remaining right, title, and interest of the United States. (3) All right, title, and interest in any mineral rights described in section 7 that are conveyed to the State of Utah pursuant to this Act shall revert to the United States upon removal of minerals equal in value to the value attributed to such rights in connection with an exchange under this Act. (4) If the State of Utah accepts the offers provided for in this Act, the State shall convey to the United States, subject to valid existing rights, all right, title, and interest of the State to all school and institutional trust lands described in sections 2, 3, 5, and 6 of this Act. Except as provided in section 7(b), conveyance of all lands or interests in lands shall take place within sixty days following agreement by the Secretary of the Interior and the Governor of the State of Utah, or entry of an appropriate order of judgment by the district court. (b) Inspections.--Both parties shall inspect all pertinent records and shall conduct a physical inspection of the lands to be exchanged pursuant to this Act for the presence of any hazardous materials as presently defined by applicable law. The results of those inspections shall be made available to the parties. Responsibility for costs of remedial action related to materials identified by such inspections shall be borne by those entities responsible under existing law. (c) Conditions.--(1) With respect to the lands and interests described in section 7, enactment of this Act shall be construed as satisfying the provisions of section 206(a) of the Federal Land Policy and Management Act of 1976 requiring that exchanges of lands be in the public interest. (2) Development of any mineral interest transferred to the State of Utah pursuant to this Act shall be subject to all laws, rules, and regulations applicable to development of non-Federal mineral interests, including, where appropriate, laws, rules, and regulations applicable to such development within national forests. SEC. 10. LEGAL DESCRIPTIONS. (a) In General.--As soon as practicable after enactment, a map and legal description of the lands added to the Navajo and Goshute Indian Reservations and all lands exchanged under this Act shall be filed by the appropriate Secretary with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, and each such map and description shall have the same force and effect as if included in this Act, except that the appropriate Secretary may correct clerical and typographical errors in each such legal description and map. Each such map and legal description shall be on file and available for public inspection in the offices of the Secretary of Agriculture and the Secretary of the Interior and the Utah offices of the appropriate agencies of the Department of the Interior and Department of Agriculture. (b) Pilot.--Section 6902(b) of title 31, United States Code, is amended by striking ``acquisition.'' and inserting in lieu thereof ``acquisition, nor does this subsection apply to payments for lands in Utah acquired by the United States if at the time of such acquisition units, under applicable State law, were entitled to receive payments from the State for such lands, but in such case no payment under this chapter with respect to such acquired lands shall exceed the payment that would have been made under State law if such lands had not been acquired.''. (c) Intent.--The lands and interests described in section 7 are an offer related only to the State lands and interests described in this Act, and nothing in this Act shall be construed as precluding conveyance of other lands or interests to the State of Utah pursuant to other exchanges under applicable existing law or subsequent Act of Congress. It is the intent of Congress that the State should establish a funding mechanism, or some other mechanism, to assure that counties within the State are treated equitably as a result of this exchange. (d) Costs.--The United States and the State of Utah shall each bear its own respective costs incurred in the implementation of this Act. (e) Definition.--As used in this Act, the term ``school and institutional trust lands'' means those properties granted by the United States in the Utah Enabling Act to the State of Utah in trust and other lands which under State law must be managed for the benefit of the public school system or the institutions of the State which are designated by the Utah Enabling Act. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Utah Schools and Lands Improvement Act of 1993 - Declares specified lands in Utah to be part of the Navajo and Goshute Indian Reservations. Authorizes the Secretary of the Interior to acquire such lands through a land exchange. Declares specified lands in Nevada to be part of the Goshute Reservation. Authorizes the Secretary of: (1) Agriculture to accept on behalf of the United States the school and institutional trust lands owned by Utah within the National Forest System, to become part of the Forest System; and (2) the Interior to accept all schools and institutional trust lands owned by Utah within the National Park System, to become part of the Park System. Directs the Secretary of the Interior to submit to Utah a list of all lands within Utah for possible use in an exchange for the lands received by the United States under this Act, with limitations. Requires land appraisals to ensure an equal value exchange. Authorizes appropriations.

Utah Schools and Lands Improvement Act of 1993

SECTION 1. DEFINITIONS. Section 4131 of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7141) is amended by adding at the end the following: ``(7) Abuse.--The term `abuse', used with respect to an inhalant, means the intentional breathing of gas or vapors from the inhalant for the purpose of achieving an altered state of consciousness. ``(8) Drug.--The term `drug' includes a substance that is an inhalant, whether or not possession or consumption of the substance is legal. ``(9) Inhalant.--The term `inhalant' means a product that-- ``(A) may be a legal, commonly available product; and ``(B) has a useful purpose but can be abused, such as spray paint, glue, gasoline, correction fluid, furniture polish, a felt tip marker, pressurized whipped cream, an air freshener, butane, or cooking spray. ``(10) Use.--The term `use', used with respect to an inhalant, means abuse of the inhalant.''. SEC. 2. FINDINGS. Section 4002 of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7102) is amended-- (1) in paragraph (2), by inserting ``, and the abuse of inhalants,'' after ``other drugs''; (2) in paragraph (5), by striking ``and the illegal use of alcohol and drugs'' and inserting ``, the illegal use of alcohol and drugs, and the abuse of inhalants''; (3) in paragraph (7), by striking ``and tobacco'' each place it appears and inserting ``, tobacco, and inhalants''; (4) in paragraph (9), by striking ``and illegal drug use'' and inserting ``, illegal drug use, and inhalant abuse''; and (5) by adding at the end the following: ``(11)(A) The number of children using inhalants has doubled during the 10-year period preceding 1999. Inhalants are the third most abused class of substances by children age 12 through 14 in the United States, behind alcohol and tobacco. One of 5 students in the United States has tried inhalants by the time the student has reached the 8th grade. ``(B) Inhalant vapors react with fatty tissues in the brain, literally dissolving the tissues. A single use of inhalants can cause instant and permanent brain, heart, kidney, liver, and other organ damage. The user of an inhalant can suffer from Sudden Sniffing Death Syndrome, which can cause a user to die the first, tenth, or hundredth time the user uses an inhalant. ``(C) Because inhalants are legal, education on the dangers of inhalant abuse is the most effective method of preventing the abuse of inhalants.''. SEC. 3. PURPOSE. Section 4003 of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7103) is amended in the matter preceding paragraph (1) by inserting ``and abuse of inhalants'' after ``and drugs''. SEC. 4. GOVERNOR'S PROGRAMS. Section 4114(c)(2) of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7114(c)(2)) is amended by inserting ``(including inhalant abuse education)'' after ``drug and violence prevention''. SEC. 5. DRUG AND VIOLENCE PREVENTION PROGRAMS. Section 4116 of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7116) is amended-- (1) in subsection (a)(1)(A), by inserting ``, and the abuse of inhalants,'' after ``illegal drugs''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting ``and the abuse of inhalants'' after ``use of illegal drugs''; and (ii) by inserting ``and abuse inhalants'' after ``use illegal drugs''; and (B) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by inserting ``(including age appropriate inhalant abuse prevention programs for all students, from the preschool level through grade 12)'' after ``drug prevention''; and (ii) in subparagraph (C), by inserting ``and inhalant abuse'' after ``drug use''. SEC. 6. FEDERAL ACTIVITIES. Section 4121(a) of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7131(a)) is amended in the first sentence by striking ``illegal use of drugs'' and inserting ``illegal use of drugs, the abuse of inhalants,''. SEC. 7. MATERIALS. Section 4132(a) of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7142(a)) is amended by striking ``illegal use of alcohol and other drugs'' and inserting ``illegal use of alcohol and other drugs and the abuse of inhalants''. SEC. 8. QUALITY RATING. Section 4134(b)(1) of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7144(b)(1)) is amended by inserting ``, and the abuse of inhalants,'' after ``tobacco''.

Amends the Safe and Drug-Free Schools and Communities Act of 1994 to include prevention of the abuse of inhalants under its programs.

To amend the Safe and Drug-Free Schools and Communities Act of 1994 to prevent the abuse of inhalants through programs under that Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Automatic Voter Registration Act''. SEC. 2. AUTOMATIC VOTER REGISTRATION THROUGH STATE MOTOR VEHICLE AUTHORITIES. (a) Automatic Voter Registration.--Section 5 of the National Voter Registration Act of 1993 (52 U.S.C. 20504) is amended to read as follows: ``SEC. 5. AUTOMATIC VOTER REGISTRATION THROUGH MOTOR VEHICLE AUTHORITY. ``(a) Transmission of Information to Election Officials.-- ``(1) Transmission.--Each State's motor vehicle authority, upon receiving the identifying information described in paragraph (2) with respect to any individual who requests services from the authority, shall transmit the identifying information to the appropriate State election official. ``(2) Identifying information described.--The identifying information described in this paragraph with respect to any individual is as follows: ``(A) The individual's legal name. ``(B) The individual's age. ``(C) The individual's residence. ``(D) The individual's citizenship status. ``(E) The individual's electronic signature. ``(3) Restriction on use of information on citizenship status.--A State may not use any identifying information regarding an individual's citizenship status which is transmitted under this subsection for any purpose other than determining whether the individual is eligible to vote in elections for Federal office. ``(b) Notification to Individuals.--Upon receiving the identifying information with respect to an individual under subsection (a), the appropriate State election official shall issue a notification to the individual containing-- ``(1) a statement that, unless the individual notifies the election official prior to the expiration of the 21-calendar day period which begins on the date the official issued the notification that the individual declines to be registered to vote in elections for Federal office held in the State, the individual shall be considered to have completed and submitted a voter registration application for purposes of this Act; and ``(2) a description of the process by which the individual may decline to be registered to vote in elections for Federal office in the State. ``(c) Automatic Registration of Eligible Individuals.--Upon the expiration of the 21-calendar day period which begins on the date the appropriate State election official issues a notification to an individual under subsection (b)(1), the official shall ensure that the individual is registered to vote in elections for Federal office held in the State unless-- ``(1) the official determines that the individual does not meet the eligibility requirements for registering to vote in such elections; ``(2) prior to the expiration of such 21-calendar day period, the individual notifies the official that the individual declines to be registered to vote in such elections; or ``(3) the individual is already registered to vote in such elections.''. (b) Conforming Amendment Relating to Timing of Registration Prior to Elections.--Section 8(a)(1)(A) of such Act (52 U.S.C. 20507(a)(1)(A)) is amended to read as follows: ``(A) in the case of registration through a motor vehicle authority under section 5, if the identifying information with respect to the individual is transmitted by the authority to the appropriate State election official under section 5(a)(1) not later than the lesser of 30 days, or the period provided by State law, before the date of the election;''. (c) Other Conforming Amendment.--Section 4(a)(1) of such Act (52 U.S.C. 20503(a)(1)) is amended to read as follows: ``(1) through the State motor vehicle authority pursuant to section 5;''. SEC. 3. EFFECTIVE DATE. (a) Effective Date.--The amendments made by this Act shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act. (b) Timing of Automatic Registration of Individuals Providing Identifying Information to Motor Vehicle Authority Prior to Effective Date.--For purposes of section 5 of the National Voter Registration Act of 1993 (52 U.S.C. 20504), as amended by section 2(a), if an individual provided identifying information (as described in section 5(a)(2) of such Act) to a State motor vehicle authority prior to the effective date described in subsection (a), the authority shall transmit such information to the appropriate State election official pursuant to section 5(a)(1) of such Act not later than such effective date, unless the motor vehicle authority determines that the information is no longer valid with respect to the individual.

Automatic Voter Registration Act This bill amends the National Voter Registration Act of 1993 to require state motor vehicle authorities (MVAs), upon receiving certain identifying information with respect to any individual requesting MVA services, to transmit it to the appropriate state election official. The appropriate state election official shall then notify the individual that unless he or she notifies the official, before 21 calendar days elapse after issuance of the notification, that the individual declines to be registered to vote in federal elections in the state, the individual shall be considered to have submitted a completed voter registration application and be considered automatically registered unless: the official determines that the individual does not meet voter registration eligibility requirements, or the individual is already registered to vote. A state may not use any identifying information regarding an individual's citizenship status for any purpose other than determining whether the individual is eligible to vote in federal elections.  

Automatic Voter Registration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compact-Impact Aid Act of 2013''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) In approving the Compact of Free Association it was not the intent of Congress to cause adverse consequences for States, territories, and other jurisdictions of the United States. (2) Congress declared that if any adverse consequences to States, territories, and other jurisdictions of the United States resulted from implementation of the Compact of Free Association, Congress would act sympathetically and expeditiously to redress those adverse consequences. (3) The Government Accountability Office has reported that migration from the Freely Associated States has had a significant impact on Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii and some areas of the continental United States. (4) By placing demands on local governments for health, educational, and other social services, migration under the Compact has adversely affected the budgetary resources of several States and territories. (5) Insufficient sums have been appropriated to cover the costs incurred by Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii, resulting from increased demands placed on health, educational, and other social services by individuals from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (b) Purpose.--It is the purpose of this Act to address the unfunded mandate and adverse financial consequences resulting from the Compact by meeting the obligations set forth in the Compact. SEC. 3. ENSURING MANDATORY APPROPRIATIONS AND HEALTH SERVICES REIMBURSEMENT AS PART OF COMPACT-IMPACT AID. (a) In General.--Section 104(e)(6) of the Compact of Free Association Act of 1985 (48 U.S.C. 1904(e)(6)) is amended to read as follows: ``(6) Impact costs.-- ``(A) Authorization and continuing appropriations.-- ``(i) In general.--There is hereby authorized and appropriated to the Secretary of the Interior, for fiscal year 2013, $185,000,000 with subsequent increases as needed to address significant increases in migration for grants to any local government of the United States that demonstrates financial strain due to demands on public services by significant immigration of individuals from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, and to aid in defraying costs incurred by their governments as a result of increased demands placed on health, educational, social, or public safety services, or infrastructure related to such services due to the residence of qualified nonimmigrants. ``(ii) Awarding.--The grants under clause (i) shall be-- ``(I) awarded and administered by the Department of the Interior, Office of Insular Affairs, or any successor thereto, in accordance with regulations, policies and procedures applicable to grants so awarded and administered; and ``(II) used only for health, educational, social, or public safety services, or infrastructure related to such services, specially affected by qualified nonimmigrants. ``(iii) Enumeration.--For purposes of carrying out this subparagraph, the Secretary of the Interior shall provide for periodic enumerations of qualified nonimmigrants in the States and territories of the United States. The enumerations-- ``(I) shall be conducted at such intervals as the Secretary of the Interior shall determine; and ``(II) shall be supervised by the United States Bureau of the Census or any other organization that the Secretary of the Interior selects. ``(iv) Allocation.--The Secretary of the Interior shall allocate to each of the governments of qualified affected areas, grants under clause (i) for a fiscal year on the basis of the ratio of the number of qualified immigrants (as most recently enumerated under clause (iii)) in the respective jurisdiction to the total of such numbers for all the jurisdictions. ``(B) Treatment of certain health care impact costs.--Notwithstanding any other provision of law, for purposes of providing medical assistance for qualified nonimmigrants under title XIX of the Social Security Act in the case of a State or territory referred to in subparagraph (A)(i)-- ``(i) such individuals shall be treated in the same manner as an individual described in section 402(a)(2)(G) of Public Law 104-193, as amended; ``(ii) the Federal medical assistance percentage shall be the same percentage as is applied to medical assistance for services which are received through an Indian Health Service Facility; and ``(iii) payments under such title for medical assistance for such individuals shall not be taken into account in applying any limitations under section 1108 of the Social Security Act. ``(C) Qualified nonimmigrant defined.--In this paragraph, term `qualified nonimmigrant' means a person admitted to the United States pursuant to-- ``(i) section 141 of the Compact of Free Association set forth in title II; or ``(ii) section 141 of the Compact of Free Association between the United States and the Government of Palau.''. (b) Effective Date.--Section 104(e)(6)(B) of the Compact of Free Association Act of 1985, as amended by subsection (a), shall apply to medical assistance for items and services furnished during or after fiscal year 2013.

Compact-Impact Reimbursement Act of 2013 - Amends the Compact of Free Association Act of 1985 to authorize and appropriate FY2013 funds to the Secretary of the Interior for: (1) grants to any local government of the United States that demonstrates financial strain due to demands on public services by significant immigration from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau; and (2) aid in defraying costs incurred as a result of increased demands placed on health, educational, social, or public safety services, or infrastructure related to such services due to the residence of qualified nonimmigrants. Directs the Secretary to provide for periodic enumerations of qualified nonimmigrants in the states and territories of the United States. Defines "qualified nonimmigrant" as a person admitted to the United States pursuant to: (1) section 141 of the Compact of Free Association set forth in title II, or (2) section 141 of the Compact of Free Association between the United States and the government of Palau.

Compact-Impact Aid Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cardiomyopathy Health Education, Awareness, Risk Assessment, and Training in the Schools (HEARTS) Act of 2015''. SEC. 2. MATERIALS AND RESOURCES TO INCREASE EDUCATION AND AWARENESS OF CARDIOMYOPATHY AMONG SCHOOL ADMINISTRATORS, EDUCATORS, AND FAMILIES. 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 new section: ``SEC. 399V-6. MATERIALS AND RESOURCES TO INCREASE EDUCATION AND AWARENESS OF CARDIOMYOPATHY AMONG SCHOOL ADMINISTRATORS, EDUCATORS, AND FAMILIES. ``(a) Materials and Resources.--Not later than 18 months after the date of the enactment of this section, the Secretary, in conjunction with the Director of the Centers for Disease Control and Prevention (in this section referred to as the `Director') and in consultation with national patient advocacy and health professional organizations expert in all forms of cardiomyopathy, shall develop public education and awareness materials and resources to be disseminated to school administrators, educators, school health professionals, coaches, families, and other appropriate individuals. The materials and resources shall include-- ``(1) background information to increase education and awareness of cardiomyopathy among school administrators, educators, and families; ``(2) a cardiomyopathy risk assessment worksheet for use by parents, guardians, or other caregivers; ``(3) guidelines regarding the placement of automated external defibrillators in schools and child care centers; ``(4) training information on automated external defibrillators and cardiopulmonary resuscitation; and ``(5) recommendations for how schools and child care centers can develop and implement a cardiac emergency response plan. ``(b) Development of Materials and Resources.--The Secretary, through the Director, shall develop and update as necessary and appropriate the materials and resources under subsection (a) and, in support of such effort, the Secretary is encouraged to-- ``(1) establish an advisory panel composed of-- ``(A) representatives from multiple national patient advocacy organizations and medical professionals expert in all forms of cardiomyopathy; ``(B) a representative from the Centers for Disease Control and Prevention; and ``(C) representatives from other relevant Federal agencies; and ``(2) engage in a memorandum of understanding or cooperative agreement with a national nonprofit advocacy organization expert in all forms of cardiomyopathy. ``(c) Dissemination of Materials and Resources.--Not later than 30 months after the date of the enactment of this section, the Secretary, through the Director, shall disseminate the materials and resources under subsection (a) in accordance with the following: ``(1) Distribution by state education agencies.--The Secretary shall make available such materials and resources to State educational agencies to distribute-- ``(A) to school administrators, educators, school health professionals, coaches and parents, guardians, or other caregivers, the cardiomyopathy education and awareness materials and resources under subsection (a); ``(B) to parents, guardians, or other caregivers, the cardiomyopathy risk assessment worksheet described in subsection (a)(2); and ``(C) to school administrators and school health professionals, the-- ``(i) guidelines described in subsection (a)(3); ``(ii) training information described in subsection (a)(4); and ``(iii) recommendations described in subsection (a)(5). ``(2) Dissemination to health departments and professionals.--The Secretary shall make available such materials and resources to State and local health departments, pediatricians, hospitals, and other health professionals, such as nurses and first responders. ``(3) Posting on website.-- ``(A) CDC.-- ``(i) In general.--The Secretary, through the Director, shall post the materials and resources developed under subsection (a) on the public Internet website of the Centers for Disease Control and Prevention. ``(ii) Additional information.--The Director is encouraged to maintain on such public Internet website such additional information regarding cardiomyopathy as deemed appropriate by the Director. ``(B) State education agencies.--State educational agencies are encouraged to create public Internet webpages dedicated to cardiomyopathy and post the materials and resources developed under subsection (a) on such webpages. ``(d) Report to Congress.--Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report identifying the steps taken to increase public education and awareness of cardiomyopathy as outlined under this section. ``(e) Definitions.--For purposes of this section: ``(1) Cardiomyopathy.--The term `cardiomyopathy' means a rare heart condition, which is a disease of the heart muscle (myocardium)-- ``(A) the symptoms of which may vary from case to case, including-- ``(i) in some cases, the presentation of no symptoms (asymptomatic); and ``(ii) in many cases, the symptoms of a progressive condition that may result in an impaired ability of the heart to pump blood, fatigue, irregular heart-beats (arrhythmia), and, potentially, sudden cardiac death or heart failure; and ``(B) the recognized types of which include dilated, hypertrophic, restrictive, arrhythmogenic right ventricular dysplasia, and left ventricular noncompaction. ``(2) School administrators.--The term `school administrator' means a principal, director, manager, or other supervisor or leader within an elementary school or secondary school (as such terms are defined under section 9101 of the Elementary and Secondary Education Act of 1965), State-based early education program, or child care center. ``(3) Schools.--The term `school' means an early education program, child care center, or elementary school or secondary school (as such terms are so defined). ``(4) National nonprofit advocacy organizations expert in all forms of cardiomyopathy.--The term `national nonprofit advocacy organizations expert in all forms of cardiomyopathy' means organizations that provide support services to families or fund research, and work to increase public awareness and education regarding all types of cardiomyopathy. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $1,000,000 for fiscal year 2016, $750,000 for fiscal year 2017, and $500,000 for each of fiscal years 2018 through 2020.''.

Cardiomyopathy Health Education, Awareness, Risk Assessment, and Training in the Schools (HEARTS) Act of 2015 This bill amends the Public Health Service Act to direct the Department of Health and Human Services (HHS), in conjunction with the Centers for Disease Control and Prevention (CDC), to develop, publish, and disseminate to school personnel, state and local health departments, health professionals, and others public education and awareness materials and resources that include: (1) background information to increase education and awareness of cardiomyopathy (a disease of the heart muscle) among school administrators, educators, and families; (2) a cardiomyopathy risk assessment worksheet for use by parents, guardians, or other caregivers; (3) guidelines regarding the placement of automated external defibrillators in schools and child care centers; (4) training information on defibrillators and cardiopulmonary resuscitation (commonly known as "CPR"); and (5) recommendations for how schools and child care centers can develop and implement a cardiac emergency response plan. The CDC must update these materials and resources as necessary and, in support of such effort, HHS is encouraged to establish an advisory panel and engage in a memorandum of understanding or cooperative agreement with a national nonprofit advocacy organization with expertise in cardiomyopathy.

Cardiomyopathy Health Education, Awareness, Risk Assessment, and Training in the Schools (HEARTS) Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Renewable Water Supply Act of 2009''. SEC. 2. CLEAN RENEWABLE WATER SUPPLY BONDS. (a) In General.--Subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 54G. CLEAN RENEWABLE WATER SUPPLY BONDS. ``(a) Clean Renewable Water Supply Bonds.--For purposes of this subpart, the term `clean renewable water supply bond' means any bond issued as part of an issue if-- ``(1) 100 percent of the available project proceeds of such issue are to be used for capital expenditures incurred by qualified borrowers for 1 or more qualified projects, ``(2) the bond is issued by a qualified issuer, ``(3) the issuer designates such bond for purposes of this section, and ``(4) the bond is issued-- ``(A) pursuant to an allocation by the Secretary to such issuer of a portion of the national clean renewable water supply bond limitation under subsection (b), and ``(B) not later than 6 months after the date that such qualified issuer receives an allocation under subsection (b). ``Any allocation under subsection (b) not used within the 6-month period described in paragraph (4)(B) shall be applied to increase the national clean renewable water supply bond limitation for the next succeeding application period under subsection (b)(2)(B). ``(b) National Limitation on Amount of Bonds Designated.-- ``(1) In general.--There is a national clean renewable water supply bond limitation for each calendar year. Such limitation is-- ``(A) $100,000,000 for 2010, ``(B) $150,000,000 for 2011, ``(C) $200,000,000 for 2012, ``(D) $250,000,000 for 2013, ``(E) $500,000,000 for 2014, ``(F) $750,000,000 for 2015, ``(G) $1,000,000,000 for 2016, ``(H) $1,500,000,000 for 2017, ``(I) $1,750,000,000 for 2018, and ``(J) $0 for 2019 and thereafter. ``(2) Allocation of limitation.-- ``(A) In general.--The limitation under paragraph (1) shall be allocated by the Secretary among qualified projects as provided in this paragraph. ``(B) Method of allocation.--For each calendar year for which there is a national clean renewable water supply bond limitation greater than zero, the Secretary shall publish a notice soliciting applications by qualified issuers for allocations of such limitation to qualified projects. Such notice shall specify a 3-month application period in the calendar year during which the Secretary will accept such applications. Within 30 days after the end of such application period, and subject to the requirements of subparagraph (C), the Secretary shall allocate such limitation to qualified projects on a first-come, first-served basis, based on the order in which such applications are received from qualified issuers. ``(C) Allocation requirements.-- ``(i) Certifications regarding regulatory approvals.--No portion of the national clean renewable water supply bond limitation shall be allocated to a qualified project unless the qualified issuer has certified in its application for such allocation that as of the date of such application the qualified issuer or qualified borrower has received all Federal and State regulatory approvals necessary to construct the qualified project. ``(ii) Restriction on allocations to large projects or to individual projects.-- ``(I) In general.--The Secretary shall not allocate-- ``(aa) more than 60 percent of the national clean renewable water supply bond limitation for a calendar year to 1 or more large projects, ``(bb) more than 18 percent of the amount of the national clean renewable water supply bond limitation for a calendar year to any single project that is a large project, ``(cc) more than 12 percent of the national clean renewable water supply bond limitation for a calendar year to any single project that is not a large project, or ``(dd) more than $95,000,000 for all calendar years for any single project. ``(II) Definition of large project.--For purposes of subclause (I), the term `large project' means a qualified project that is designed to deliver more than 10,000,000 gallons of water per day. ``(III) Exception to restriction.-- Subclause (I) shall not apply to the extent its application would cause any portion of the national clean renewable water supply bond limitation for the calendar year to remain unallocated, based on applications for allocations of such limitation received by the Secretary during the application period referred to in subparagraph (B). ``(3) Carryover of unused limitation.--If the clean renewable water supply bond limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. ``(c) Maturity Limitation.-- ``(1) In general.--A bond shall not be treated as a clean renewable water supply bond if the maturity of such bond exceeds 20 years. ``(2) Coordination with section 54a.--The maturity limitation in section 54A(d)(5) shall not apply to any clean renewable water supply bond. ``(d) Definitions.--For purposes of this section-- ``(1) Governmental body.--The term `governmental body' means any State or Indian tribal government, or any political subdivision thereof. ``(2) Local water company.--The term `local water company' means any entity responsible for providing water service to the general public (including electric utility, industrial, agricultural, commercial, or residential users) pursuant to State or tribal law. ``(3) Qualified borrower.--The term `qualified borrower' means a governmental body or a local water company. ``(4) Qualified desalination facility.--The term `qualified desalination facility' means any facility that is used to produce new water supplies by desalinating seawater, groundwater, or surface water if the facility's source water includes chlorides or total dissolved solids that, either continuously or seasonally, exceed maximum permitted levels for primary or secondary drinking water under Federal or State law (as in effect on the date of issuance of the issue). ``(5) Qualified groundwater remediation facility.--The term `qualified groundwater remediation facility' means any facility that is used to reclaim contaminated or naturally impaired groundwater for direct delivery for potable use if the facility's source water includes constituents that exceed maximum contaminant levels regulated under the Safe Drinking Water Act (as in effect on the date of the enactment of this section). ``(6) Qualified issuer.--The term `qualified issuer' means-- ``(A) a governmental body, or ``(B) in the case of a State or political subdivision thereof (as defined for purposes of section 103), any entity qualified to issue tax-exempt bonds under section 103 on behalf of such State or political subdivision. ``(7) Qualified project.-- ``(A) In general.--The term `qualified project' means any facility owned by a qualified borrower which is a-- ``(i) qualified desalination facility, ``(ii) qualified recycled water facility, ``(iii) qualified groundwater remediation facility, or ``(iv) facility that is functionally related or subordinate to a facility described in clause (i), (ii), or (iii). ``(B) Environmental impact.--A project shall not be treated as a qualified project under subparagraph (A) unless such project is designed to comply with regulations issued under subsection (e) relating to the minimization of the environmental impact of the project. ``(8) Qualified recycled water facility.-- ``(A) In general.--The term `qualified recycled water facility' means any wastewater treatment facility, distribution facility, or distribution system which-- ``(i) exceeds the requirements for the treatment and disposal of wastewater under the Clean Water Act and any other Federal or State water pollution control standards for the discharge and disposal of wastewater to surface water, land, or groundwater (as such requirements and standards are in effect on the date of issuance of the issue), and ``(ii) except as provided in subparagraph (B), is used to reclaim wastewater produced by the general public (including electric utility, industrial, agricultural, commercial, or residential users) to the extent such reclaimed wastewater is used for a beneficial use that the issuer reasonably expects as of the date of issuance of the issue otherwise would have been satisfied with potable water supplies. ``(B) Impermissible uses.--Reclaimed wastewater is not used for a use described in subparagraph (A)(ii) to the extent such reclaimed wastewater is-- ``(i) discharged into a waterway or used to meet waterway discharge permit requirements and not used to supplement potable water supplies, ``(ii) used to restore habitat, ``(iii) used to provide once-through cooling for an electric generation facility, or ``(iv) intentionally introduced into the groundwater and not used to supplement potable water supplies. ``(e) Regulations.--The Secretary shall prescribe such regulations as are necessary to carry out the purposes of this section, including regulations promulgated in consultation with the Administrator of the Environmental Protection Agency to ensure the environmental impact of qualified facilities is minimized.''. (b) Study on Allocation Method.-- (1) In general.--The Secretary of the Treasury shall conduct a study on the method of allocation for the national limitation provided under section 54G(b)(2) of the Internal Revenue Code of 1986 (as added by subsection (a)) in order to determine whether a different allocation method would better result in the development of projects to provide new supplies of water in a more efficient manner. In assessing the advisability of a different allocation method, the study shall take into account-- (A) the administrative burdens on the Federal government and issuers, and (B) the environmental impact of such projects, and (C) the cost effectiveness of the projects funded. The study shall include an examination of at least three rounds of allocations. (2) Consultation and public comment.--Such study shall be conducted in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency and shall allow for public comment. (3) Submission to congress.--The study, and any recommended changes to the allocation method, shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate before July 1, 2014. (c) Conforming Amendments.-- (1) Paragraph (1) of section 54A(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (D), by inserting ``or'' at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: ``(F) a clean renewable water supply bond,''. (2) Subparagraph (C) of section 54A(d)(2) of such Code is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``, and'', and by adding at the end the following new clause: ``(vi) in the case of a clean renewable water supply bond, a purpose specified in section 54G(a)(1).''. (3) The table of sections for subpart I of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 54G. Clean renewable water supply bonds.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2009.

Clean Renewable Water Supply Act of 2009 - Amends the Internal Revenue Code to provide for the issuance, until 2019, of tax-exempt clean renewable water supply bonds to finance certain water recycling, desalination, and groundwater remediation projects that comply with requirements for minimization of environmental impact. Establishes a national clean renewable water supply bond limitation for each of calendar years 2010-2018. Sets forth provsions governing the allocation of such limitation among qualified projects. Directs the Secretary of the Treasury to conduct a study of the method of allocation to determine whether a different method would result in the development of projects to provide new supplies of water in a more efficient manner.

To amend the Internal Revenue Code of 1986 to provide for clean renewable water supply bonds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Kids Outdoors Act of 2015''. SEC. 2. FINDINGS. Congress finds as follows: (1) Children today are spending less time outdoors than any generation in human history, as evidenced by studies that show children enjoy half as much time outdoors today as they did just 20 years ago, while spending more than 7\1/2\ hours every day in front of electronic media. (2) The health of our children is at risk as evidenced by the growing obesity crisis where, in the past 30 years, childhood obesity has more than doubled in children and quadrupled in adolescents, costing the economy of the United States billions of dollars each year. (3) Our military readiness is declining as nearly 1 in 4 applicants to the military is rejected for being overweight or obese, which is the most common reason for medical disqualification. (4) Research has shown that military children and families are facing increased stress and mental strain and challenges due to multiple, extended deployments. Military family service organizations have developed programs that connect military children and families with positive, meaningful outdoor experiences that benefit mental and physical health, but they lack sufficient resources to meet increasing demand. (5) In addition to the negative economic impact of childhood obesity, the outdoor retail industry, many local tourist destinations or ``gateway communities'', and State fish and wildlife agencies rely on revenue generated when individuals spend time outdoors to create jobs in local communities. (6) Over the past several years, urbanization, changing land use patterns, increasing road traffic, and inadequate solutions to addressing these challenges in the built environment have combined to make it more difficult for many Americans to walk or bike to schools, parks, and play areas or experience the natural environment in general. (7) Spending time in green spaces outside the home, including public lands, parks, play areas, and gardens, can increase concentration, inhibition of initial impulses, and self-discipline, and has been shown to reduce stress and mental fatigue. In one study, children who were exposed to greener environments in a public housing area demonstrated less aggression, violence, and stress. (8) Visitation to our Nation's public lands has declined or remained flat in recent years, and yet, connecting with nature and the great outdoors in our communities is critical to fostering the next generation of outdoor enthusiasts who will visit, appreciate, and become stewards of our Nation's public lands. (9) Spending time outdoors in nature is beneficial to our children's physical, mental, and emotional health and has been proven to decrease symptoms of attention deficit and hyperactivity disorder, stimulate brain development, improve motor skills, result in better sleep, reduce stress, increase creativity, improve mood, and reduce children's risk of developing myopia. (10) Children who spend time playing outside are more likely to take risks, seek out adventure, develop self- confidence, and respect the value of nature. A direct childhood experience with nature before the age of 11 promotes a long- term connection to nature. (11) Conservation education and outdoor recreation experiences such as camping, hiking, boating, hunting, fishing, archery, recreational shooting, wildlife watching, and others are critical to engaging young people in the outdoors. (12) As children become more disconnected from the natural world, the hunting and angling conservation legacy of America is at risk. (13) Hunters and anglers play a critical role in reconnecting young people with nature, protecting our natural resources, and fostering a lifelong understanding of the value of conserving the natural world. (14) Research demonstrates that hunters who become engaged in hunting as children are among the most active and interested hunters as adults. The vast majority of hunters report they were introduced to hunting between the ages of 10 and 12, and the overwhelming majority of children are introduced to hunting by an adult. (15) Parks and recreation, youth-serving, service-learning, conservation, health, education, and built-environment organizations, facilities, and personnel provide critical resources and infrastructure for connecting children and families with nature. (16) It takes many dedicated men and women to work to preserve, protect, enhance, and restore America's natural resources, and with an aging workforce in the natural resource professions, it is critical for the next generation to have an appreciation for nature and be ready to take over these responsibilities. (17) Place-based service-learning opportunities use our lands and waters as the context for learning by engaging students in the process of exploration, action, and reflection. Physical activity outdoors connected with meaningful community service to solve real-world problems, such as removing invasive plants or removing trash from a streambed, strengthens communities by engaging youth as citizen stewards. (18) States nationwide and their community based partners have some notable programs that connect children and families with nature; however, most States lack sufficient resources and a comprehensive strategy to effectively engage State agencies across multiple fields. (19) States need to engage in cross-sector agency and nonprofit collaboration that involves public health and wellness, parks and recreation, transportation and city planning, and other sectors focused on connecting children and families with the outdoors to increase coordination and effective implementation of the policy tools and programs that a State can bring to bear to provide outdoor opportunities for children and families. SEC. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State; or (B) a consortium from one State that may include such State and municipalities, entities of local or tribal governments, parks and recreation departments or districts, school districts, institutions of higher education, or nonprofit organizations. (2) Local partners.--The term ``local partners'' means a municipality, entity of local or tribal government, parks and recreation departments or districts, Indian tribe, school district, institution of higher education, nonprofit organization, or a consortium of local partners. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any Indian tribe. SEC. 4. COOPERATIVE AGREEMENTS FOR DEVELOPMENT OR IMPLEMENTATION OF HEALTHY KIDS OUTDOORS STATE STRATEGIES. (a) In General.--The Secretary is authorized to issue one cooperative agreement per State to eligible entities to develop, implement, and update a 5-year State strategy, to be known as a ``Healthy Kids Outdoors State Strategy'', designed to encourage Americans, especially children, youth, and families, to be physically active outdoors. (b) Submission and Approval of Strategies.-- (1) Applications.--An application for a cooperative agreement under subsection (a) shall-- (A) be submitted not later than 120 days after the Secretary publishes guidelines under subsection (f)(1); and (B) include a Healthy Kids Outdoors State Strategy meeting the requirements of subsection (c) or a proposal for development and submission of such a strategy. (2) Approval of strategy; peer review.--Not later than 90 days after submission of a Healthy Kids Outdoors State Strategy, the Secretary shall, through a peer review process, approve or recommend changes to the strategy. (3) Strategy update.--An eligible entity receiving funds under this section shall update its Healthy Kids Outdoors State Strategy at least once every 5 years. Continued funding under this section shall be contingent upon submission of such updated strategies and reports that document impact evaluation methods consistent with the guidelines in subsection (f)(1) and lessons learned from implementing the strategy. (c) Comprehensive Strategy Requirements.--The Healthy Kids Outdoors State Strategy under subsection (a) shall include-- (1) a description of how the eligible entity will encourage Americans, especially children, youth, and families, to be physically active in the outdoors through State, local, and tribal-- (A) public health systems; (B) public parks and recreation systems; (C) public transportation and city planning systems; and (D) other public systems that connect Americans, especially children, youth, and families, to the outdoors; (2) a description of how the eligible entity will partner with nongovernmental organizations, especially those that serve children, youth, and families, including those serving military families and tribal agencies; (3) a description of how State agencies will collaborate with each other to implement the strategy; (4) a description of how funding will be spent through local planning and implementation subgrants under subsection (d); (5) a description of how the eligible entity will evaluate the effectiveness of, and measure the impact of, the strategy, including an estimate of the costs associated with such evaluation; (6) a description of how the eligible entity will provide opportunities for public involvement in developing and implementing the strategy; (7) a description of how the strategy will increase visitation to Federal public lands within the State; and (8) a description of how the eligible entity will leverage private funds to expand opportunities and further implement the strategy. (d) Local Planning and Implementation.-- (1) In general.--A Healthy Kids Outdoors State Strategy shall provide for subgrants by the cooperative agreement recipient under subsection (a) to local partners to implement the strategy through one or more of the program activities described in paragraph (2). (2) Program activities.--Program activities may include-- (A) implementing outdoor recreation and youth mentoring programs that provide opportunities to experience the outdoors, be physically active, and teach skills for lifelong participation in outdoor activities, including fishing, hunting, recreational shooting, archery, hiking, camping, outdoor play in natural environments, and wildlife watching; (B) implementing programs that connect communities with safe parks, green spaces, and outdoor recreation areas through affordable public transportation and trail systems that encourage walking, biking, and increased physical activity outdoors; (C) implementing school-based programs that use outdoor learning environments, such as wildlife habitats or gardens, and programs that use service learning to restore natural areas and maintain recreational assets; and (D) implementing education programs for parents and caregivers about the health benefits of active time outdoors to fight obesity and increase the quality of life for Americans, especially children, youth, and families. (e) Priority.--In making cooperative agreements under subsection (a) and subgrants under subsection (d)(1), the Secretary and the recipient under subsection (a), respectively, shall give preference to entities that serve individuals who have limited opportunities to experience nature, including those who are socioeconomically disadvantaged or have a disability or suffer disproportionately from physical and mental health stressors. (f) Guidelines.--Not later than 180 days after the date of the enactment of this Act, and after notice and opportunity for public comment, the Secretary shall publish in the Federal Register guidelines on the implementation of this Act, including guidelines for-- (1) developing and submitting strategies and evaluation methods under subsection (b); and (2) technical assistance and dissemination of best practices under section 7. (g) Reporting.--Not later than 2 years after the Secretary approves the Healthy Kids Outdoors State Strategy of an eligible entity receiving funds under this section, and every year thereafter, the eligible entity shall submit to the Secretary a report on the implementation of the strategy based on the entity's evaluation and assessment of meeting the goals specified in the strategy. (h) Allocation of Funds.--An eligible entity receiving funding under subsection (a) for a fiscal year-- (1) may use not more than 5 percent of the funding for administrative expenses; and (2) shall use at least 95 percent of the funding for subgrants to local partners under subsection (d). (i) Match.--An eligible entity receiving funding under subsection (a) for a fiscal year shall provide a 25-percent match through in-kind contributions or cash. SEC. 5. NATIONAL STRATEGY FOR ENCOURAGING AMERICANS TO BE ACTIVE OUTDOORS. (a) In General.--Not later than September 30, 2016, the President, in cooperation with appropriate Federal departments and agencies, shall develop and issue a national strategy for encouraging Americans, especially children, youth, and families, to be physically active outdoors. Such a strategy shall include-- (1) identification of barriers to Americans, especially children, youth, and families, spending healthy time outdoors and specific policy solutions to address those barriers; (2) identification of opportunities for partnerships with Federal, State, tribal, and local partners; (3) coordination of efforts among Federal departments and agencies to address the impacts of Americans, especially children, youth, and families, spending less active time outdoors on-- (A) public health, including childhood obesity, attention deficit disorders and stress; (B) the future of conservation in the United States; and (C) the economy; (4) identification of ongoing research needs to document the health, conservation, economic, and other outcomes of implementing the national strategy and State strategies; (5) coordination and alignment with Healthy Kids Outdoors State Strategies; and (6) an action plan for implementing the strategy at the Federal level. (b) Strategy Development.-- (1) Public participation.--Throughout the process of developing the national strategy under subsection (a), the President may use, incorporate, or otherwise consider existing Federal plans and strategies that, in whole or in part, contribute to connecting Americans, especially children, youth, and families, with the outdoors and shall provide for public participation, including a national summit of participants with demonstrated expertise in encouraging individuals to be physically active outdoors in nature. (2) Updating the national strategy.--The President shall update the national strategy not less than 5 years after the date the first national strategy is issued under subsection (a), and every 5 years thereafter. In updating the strategy, the President shall incorporate results of the evaluation under section 6. SEC. 6. NATIONAL EVALUATION OF HEALTH IMPACTS. The Secretary, in coordination with the Secretary of Health and Human Services, shall-- (1) develop recommendations for appropriate evaluation measures and criteria for a study of national significance on the health impacts of the strategies under this Act; and (2) carry out such a study. SEC. 7. TECHNICAL ASSISTANCE AND BEST PRACTICES. The Secretary shall-- (1) provide technical assistance to grantees under section 4 through cooperative agreements with national organizations with a proven track record of encouraging Americans, especially children, youth, and families, to be physically active outdoors; and (2) disseminate best practices that emerge from strategies funded under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary to carry out this Act-- (1) $1,000,000 for fiscal year 2016; (2) $2,000,000 for fiscal year 2017; and (3) $3,000,000 for fiscal year 2018. (b) Limitation.--Of the amounts made available to carry out this Act for a fiscal year, not more than 5 percent may be made available for carrying out section 7. (c) Supplement, Not Supplant.--Funds made available under this Act shall be used to supplement, and not supplant, any other Federal, State, or local funds available for activities that encourage Americans, especially children, youth, and families to be physically active outdoors.

Healthy Kids Outdoors Act of 2015 Authorizes the Department of the Interior to issue one cooperative agreement per state to eligible entities to implement and update a five-year Healthy Kids Outdoors State Strategy for encouraging Americans, especially children, youth, and families, to be physically active outdoors. Requires eligible entities to provide a 25% match of the funding that they receive under this Act through in-kind contributions or cash. Directs the President to issue a national strategy for encouraging Americans to be physically active outdoors. Directs Interior and the Department of Health and Human Services to carry out a study of national significance on the health impacts of the strategies under this Act. Requires Interior to provide technical assistance to grantees and to disseminate best practices that emerge from the state strategies funded by this Act.

Healthy Kids Outdoors Act of 2015

SECTION 1. CONTINUED AUTHORIZATION OF FUNDING OF TRANSPORTATION PROJECTS AFTER LAPSE IN TRANSPORTATION CONFORMITY. Section 176(c)(2) of the Clean Air Act (42 U.S.C 7506(c)(2)) is amended by adding at the end the following: ``(E) Notwithstanding subparagraphs (C) and (D), any transportation project identified for funding in a transportation plan and transportation improvement program adopted under section 134 of title 23 or sections 5303 through 5306 of title 49, United States Code, shall remain eligible for funding under title 23 or chapter 53 of title 49, United States Code, as applicable, after the long-range transportation plan or transportation improvement program no longer conforms as required by subparagraphs (2)(C)(i) or (2)(D), if-- ``(i) the long-range transportation plan and transportation program met the requirements of subsection (c) at the time at which a project agreement for the transportation project was approved under section 106(a)(2) of title 23, United States Code, or the project was otherwise approved for assistance under chapter 53 of title 49, United States Code, as applicable; ``(ii) the transportation project is a transportation control measure (as defined in section 93.101 of title 40 of the Code of Federal Regulations (as in effect on March 1, 1999); ``(iii) the transportation project qualifies for an exemption from the requirement that the transportation project come from a conforming metropolitan long-range transportation plan and transportation improvement program under section 93.126 or 93.127 of title 40, Code of Federal Regulations (as in effect on March 1, 1999); or ``(iv) the transportation project is exempt from a prohibition on approval under section 179(b)(1), except that this paragraph shall not apply to a transportation project described in section 179(b)(1)(B)(iv).''. SEC. 2. AMENDMENT OF LONG-RANGE TRANSPORTATION PLANS AND TRANSPORTATION IMPROVEMENT PROGRAMS NOT CONFORMING TO APPLICABLE IMPLEMENTATION PLANS. (a) Transportation Plans.--Section 134 of title 23, United States Code, is amended by adding at the end the following: ``(p) Amendments to Plans and Programs Not Conforming to Applicable Implementation Plans.--Notwithstanding any other provision of law, a long-range transportation plan or transportation improvement program under this section that no longer conforms to the applicable implementation plan under section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) and part 93 of title 40, Code of Federal Regulations (or a successor regulation), may be amended without a demonstration of conformity if the amendment is solely for the purpose for adding a transportation project-- ``(1) for which the State submits to the Administrator of the Environmental Protection Agency a request for approval as a transportation control measure (as defined in section 93.101 of title 40, Code of Federal Regulations (as in effect on March 1, 1999)) under section 110 of the Clean Air Act (42 U.S.C. 7410); or ``(2) that qualifies for an exemption from the requirement that the transportation project come from a conforming metropolitan long-range transportation improvement program under section 93.126 or 93.127 of title 40, Code of Federal Regulations (as in effect on March 1, 1999).''. (b) Mass Transportation Plans.--Section 5303 of title 49, United States Code, is amended by adding at the end the following: ``(i) Amendments of Plans and Programs Not Conforming to Applicable Implementation Plans.--Notwithstanding any other provision of law, a long-range transportation plan under this section or a transportation improvement program under section 5304 that no longer conforms to the applicable implementation plan under section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) and part 93 of title 40, Code of Federal Regulations (or a successor regulation), may be amended without a demonstration of conformity if the amendment is solely for the purpose of adding a transportation project-- ``(1) for which the State submits to the Administrator of the Environmental Protection Agency a request for approval as a transportation control measure (as defined in section 93.101 of title 40, Code of Federal Regulations (as in effect on March 1, 1999)) under section 110 of the Clean Air Act (42 U.S.C. 7410); or ``(2) that qualifies for an exemption from the requirement that the transportation project come from a conforming metropolitan long-range transportation plan under and transportation improvement program under section 93.126 and 93.127 of title 40, Code of Federal Regulations (as in effect on March 1, 1999).''.

Amends Federal-aid highway and mass transportation provisions to authorize the amendment of long-range transportation plans or improvement programs that no longer conform to SIPs without a demonstration of conformity if the amendment is solely for the purpose of adding a transportation project: (1) for which the State submits to the Administrator of the Environmental Protection Agency a request for approval as a transportation control measure; or (2) that qualifies for an exemption from the requirement that a project come from a conforming metropolitan long-range transportation plan and improvement program under Federal regulations in effect on March 1, 1999.

To amend the Clean Air Act and titles 23 and 49, United States Code, to provide for continued authorization of funding of transportation projects after a lapse in transportation conformity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chinese Communist Economic Espionage Sanctions Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Chinese Communist Party (CCP) has made it its policy to engage in economic warfare against the United States. (2) The CCP uses the resources of the People's Liberation Army (PLA) and the Chinese State to drain the United States of economic might, including by means of economic espionage and cyber espionage, unfair trade practices, unfair labor practices, and currency manipulation. (3) Chinese state-owned enterprises (SOE) and the PLA are the main beneficiary of the CCP's campaign of theft against the United States. (4) Although many SOEs are listed on stock exchanges or officially privatized, the Chinese government retains at least one-half of equity in those companies. (5) SOEs come under the control of the ministerial-level State-owned Assets Supervision and Administration Commission. (6) Members of the boards of directors and senior management of SOEs are appointed by the State-owned Assets Supervision and Administration Commission in consultation with the Communist Party's Department of Organization. (7) More than two-thirds of board members and three- quarters of senior executives of SOEs are either Communist Party members or officials. (8) Corruption within the CCP is widespread and endemic. (9) CCP officials use their positions of control and influence within and over SOE's to enrich themselves and their families. (10) The vast majority of the Chinese people do not benefit from the corruption of the CCP. (11) On May 19, 2014, the United States Department of Justice announced charges against five members of the PLA, accusing them of stealing trade secrets from United States companies and marking the first time the United States has charged foreign government employees with economic espionage. (12) The indictment charged that members of the PLA worked to ``steal information'' from United States companies ``that would be useful to their competitors in China, including state- owned enterprises''. (13) Chinese SOEs are reported to have benefitted directly from their actions, including the State Nuclear Power Technology Corporation, the Baosteel Group, and the Aluminum Corporation of China (Chinalco). (14) The chairman of the board and the majority of the boards for the State Nuclear Power Technology Corporation, the Baosteel Group, and the Aluminum Corporation of China (Chinalco) are members of the CCP. (15) On May 21, 2014, Assistant Attorney General John Carlin said that criminal charges can justify economic sanctions. (16) The indictment named members of Unit 61398 which is publicly identified as a Shanghai-based cyber unit of the PLA also known as APT1. (17) Unit 61398 is part of the 2nd Bureau of the PLA, 3rd Department of the General Staff. (18) Unit 61398 was first publically identified in 2013 as APT1 by Mandiant, a United States cyber security firm and leader in cyber incident response industry. (19) Mandiant exposed a timeline of Unit 61398's economic espionage conducted since 2006 against 141 victims across multiple industries. (20) Mandiant's conclusions have been supported by CrowdStrike, another cyber security company, which publicly revealed the existence of Unit 61486, a related PLA unit dedicated to cyber espionage. (21) George Kurts, the co-founder of CrowdStrike, stated that ``If you look at all the groups that we track in China, the indictments are just the very tip of the iceberg.''. (22) Units 61398 and 61486 are only two of at least 20 cyber threat groups in Communist China and are considered by multiple experts to have stolen vast amounts of valuable information from the United States. (23) The 2011 annual report to Congress from the Office of the Secretary of Defense, titled ``Military and Security Developments Involving the People's Republic of China'', states, ``The PRC also utilizes a large, well-organized network of enterprises, defense factories, affiliated research institutes, and computer network operations to facilitate the collection of sensitive information and export-controlled technology, as well as basic research and science that supports U.S. defense system modernization.''. (24) A 2011 report by the Office of the National Counterintelligence Executive found that ``Chinese actors are the world's most active and persistent perpetrators of economic espionage.''. (25) The 2012 annual report to Congress from the Office of the Secretary of Defense, titled ``Military and Security Developments Involving the People's Republic of China'', found that ``Chinese attempts to collect U.S. technological and economic information will continue at a high level and will represent a growing and persistent threat to U.S. economic security.''. (26) James Clapper, the Director of National Intelligence, stated, ``Among significant foreign threats . . . China remain[s] the most capable and persistent intelligence threats and are aggressive practitioners of economic espionage against the United States.''. (27) Retired General Michael Hayden, former Director of the Central Intelligence Agency and Director of the National Security Agency, stated, ``The intensity of Chinese espionage is certainly greater than that what we saw between the U.S. and the Soviets during the Cold War. The problem is China's view is that industrial espionage by the state against relatively vulnerable private enterprise is a commonly accepted state practice,''. (28) The annual report by the congressional United States- China Economic and Security Review Commission stated in 2013, ``strong evidence emerged that the Chinese government is directing and executing a large-scale cyber espionage campaign against the United States''. (29) Retired Lieutenant General Ronald Burgess, Jr., former Director of the Defense Intelligence Agency, stated, ``China has used its intelligence services to gather information via a significant network of agents and contacts using a variety of methods . . . In recent years, multiple cases of economic espionage and theft of dual-use and military technology have uncovered pervasive Chinese collection efforts,''. (30) Congressman Mike Rogers, Chairman of the Permanent Select Committee on Intelligence of the House of Representatives, stated, ``China's economic espionage has reached an intolerable level and I believe that the United States and our allies in Europe and Asia have an obligation to confront Beijing and demand that they put a stop to this piracy. Beijing is waging a massive trade war on us all, and we should band together to pressure them to stop. Combined, the United States and our allies in Europe and Asia have significant diplomatic and economic leverage over China, and we should use this to our advantage to put an end to this scourge,''. (31) The threat of Chinese espionage is so large that Senator Sheldon Whitehouse, D-Rhode Island, who chaired the Cyber Task Force of the Select Committee on Intelligence, proclaimed it to be part of ``the biggest transfer of wealth through theft and piracy in the history of mankind''. (32) Massive cyber and economic espionage organized, directed, and carried out by the CCP and the PLA has contributed to creating a $318,000,000,000 United States trade deficit with Communist China in 2013, which equals 1.89 percent of total United States gross domestic product (GDP). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the Chinese Communist Party and the Government of the People's Republic of China should be condemned for sponsoring, planning, ordering, conducting, and benefitting from cyber and economic espionage against the United States. SEC. 4. FINANCIAL MEASURES. (a) Freezing of Assets.--The President shall exercise all powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of a covered Chinese state-owned enterprise or a person who is a member of the board of directors, an executive officer, or a senior official of a covered Chinese state-owned enterprise if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (b) Enforcement.-- (1) Penalties.--A covered Chinese state-owned enterprise or a person who is a member of the board of directors, an executive officer, or a senior official of a covered Chinese state-owned enterprise shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section. (2) Requirements for financial institutions.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe or amend regulations as needed to require each financial institution that is a United States person and has within its possession or control assets that are property or interests in property of a covered Chinese state-owned enterprise or a person who is a member of the board of directors, an executive officer, or a senior official of a covered Chinese state-owned enterprise if such property and interests in property are in the United States to certify to the Secretary that, to the best of the knowledge of the financial institution, the financial institution has frozen all assets within the possession or control of the financial institution that are required to be frozen pursuant to subsection (a). (c) Regulatory Authority.--The Secretary of the Treasury shall issue such regulations, licenses, and orders as are necessary to carry out this section. (d) Definitions.--In this section: (1) Covered chinese state-owned enterprise.--The term ``covered Chinese state-owned enterprise'' means an enterprise that-- (A) is organized under the laws of the People's Republic of China, including a foreign branch of such enterprise; and (B) is owned or controlled by the Government of the People's Republic of China or the Chinese Communist Party. (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS. (a) Ineligibility for Visas.--An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if the alien is a person who is a member of the board of directors, an executive officer, or a senior official of a covered Chinese state-owned enterprise. (b) Current Visas Revoked.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a) of this section. (c) Regulatory Authority.--The Secretary of State shall prescribe such regulations as are necessary to carry out this section. SEC. 6. REPORT TO CONGRESS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Secretary of the Treasury shall submit to the appropriate congressional committees a report on-- (1) the actions taken to carry out this Act, including the number of covered Chinese state-owned enterprises and persons who are members of the board of directors, executive officers, or senior officials of covered Chinese state-owned enterprises sanctioned during the year preceding the report; and (2) efforts by the executive branch to encourage the governments of other countries to impose sanctions that are similar to the sanctions imposed under this Act. (b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (c) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Ways and Means of the House of Representatives; and (2) the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate.

Chinese Communist Economic Espionage Sanctions Act - Expresses the sense of Congress that the Chinese Communist Party and the government of China should be condemned for conducting cyber and economic espionage against the United States. Directs the President to prohibit transactions in property and property interests of a covered Chinese state-owned enterprise or a person who is a member of the board of directors, an executive officer, or a senior official of a covered Chinese state-owned enterprise if such property and property interests are in the United States, come within the United States, or are within the possession or control of a U.S. person. Directs the Secretary of the Treasury to require each financial institution that is a U.S. person and has within its possession or control such assets that are in the United States to certify to the Secretary that the financial institution has frozen these assets. Makes an alien who is a member of the board of directors, an executive officer, or a senior official of a covered Chinese state-owned enterprise ineligible for U.S. admission.

Chinese Communist Economic Espionage Sanctions Act

That this Act may be cited as the ``Energy Policy and Conservation Act Amendments of 1997''. SEC. 2. ENERGY POLICY AND CONSERVATION ACT AMENDMENTS. The Energy Policy and Conservation Act is amended-- (1) by amending section 166 (42 U.S.C. 6246) to read as follows: ``authorization of appropriations ``Sec. 166. There are authorized to be appropriated such sums as may be necessary for fiscal year 1998.''; (2) in section 181 (42 U.S.C. 6251) by striking ``September 30, 1997'' both places it appears and inserting ``September 30, 1998''; (3) in section 251(e)(1) (42 U.S.C. 6271(e)(1)) by striking ``section 252(l)(1)'' and inserting ``section 252(k)(1)''; (4) in section 252 (42 U.S.C. 6272)-- (A) in subsections (a)(1) and (b), by striking ``allocation and information provisions of the international energy program'' and inserting ``international emergency response provisions''; (B) in subsection (d)(3), by striking ``known'' and inserting ``known at the time of approval'' after ``circumstances''; (C) in subsection (e)(2) by striking ``shall'' and inserting ``may'', (D) in subsection (f)(2) by inserting ``voluntary agreement or'' after ``approved''; (E) by amending subsection (h) to read as follows-- ``(h) Section 708 of the Defense Production Act of 1950 does not apply to any agreement or action undertaken for the purpose of developing or carrying out-- ``(1) the international energy program, or ``(2) any allocation, price control, or similar program with respect to petroleum products under this Act.''; (F) in subsection (i) by inserting ``annually, or'' after ``least'' and by inserting ``during an international energy supply emergency'' after ``months''; (G) in subsection (k) by amending paragraph (2) to read as follows-- ``(2) The term `international emergency response provisions' means-- ``(A) the provisions of the international energy program which relate to international allocation of petroleum products and to the information system provided in the program, and ``(B) the emergency response measures adopted by the Governing Board of the International Energy Agency (including the July 11, 1984, decision by the Governing Board on `Stocks and Supply Disruptions') for-- ``(i) the coordinated drawdown of stocks of petroleum products held or controlled by governments, and ``(ii) complementary actions taken by governments during an existing or impending international oil supply disruption.'', and (H) by amending subsection (l) to read as follows-- ``(l) The antitrust defense under subsection (f) does not extend to the international allocation of petroleum products unless allocation is required by chapters III and IV of the international energy program during an international energy supply emergency.''; (5) section 256(h) (42 U.S.C. 6276(h)) by adding, ``There are authorized to be appropriated such sums as may be necessary for fiscal year 1998.'' after ``subtitle.''; (6) in section 281 (42 U.S.C. 6285) by striking ``September 30, 1997'' both places it appears and inserting ``September 30, 1998''; (7) in section 365(f)(1) (42 U.S.C. 6325(f)(1)) by striking ``not to exceed'' and all that follows through ``fiscal year 1993'' and inserting ``such sums as may be necessary for fiscal year 1998.''; (8) by amending section 397 (42 U.S.C. 6371f) to read as follows: ``authorization of appropriations ``Sec. 397. For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 1998.''; and (9) in section 400BB (42 U.S.C. 6374a(b)) by amending paragraph (l) to read as follows: ``(l) There are authorized to be appropriated to the Secretary for carrying out this section such sums as may be necessary for fiscal year 1998, to remain available until expended.''. SEC. 3. ENERGY CONSERVATION AND PRODUCTION ACT AMENDMENT. Section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is amended to read as follows: ``authorization of appropriations ``Sec. 422. For the purpose of carrying out the weatherization program under this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 1998.''.

Energy Policy and Conservation Act Amendments of 1997 - Amends the Energy Policy and Conservation Act to: (1) authorize appropriations for FY 1998 to implement the Strategic Petroleum Reserve; (2) extend all authorities governing domestic supply availability to September 30, 1998; and (3) declare that the requirements of the Act shall be the sole procedures applicable to international emergency response provisions. Revises prescriptions governing the international energy program and attendant international voluntary agreements. Redefines international emergency response provisions to include: (1) international energy program provisions relating to international allocation of petroleum products and to the information system provided in the program; and (2) certain emergency response measures adopted by the Governing Board of the International Energy Agency. Cites circumstances under which certain antitrust defenses shall extend to the international allocation of petroleum products during an international energy supply emergency. Authorizes appropriations for FY 1998 for the international energy program. Extends all standby energy authorities to September 30, 1998. Authorizes appropriations for FY 1998 for: (1) State energy conservation programs; (2) energy conservation projects for schools and hospitals; and (3) the alternative fuels truck commercial application program. Amends the Energy Conservation and Production Act to authorize appropriations for FY 1998 for its weatherization assistance program for low-income persons.

Energy Policy and Conservation Act Amendments of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Listing and Delisting Process Reform Act of 2001''. SEC. 2. LISTING PROCESS REFORMS. (a) Best Scientific and Commercial Data Available.-- (1) In general.--Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended-- (A) by striking the section heading and inserting the following: ``definitions and general provisions''; (B) by striking ``For the purposes of this Act--'' and inserting the following: ``(a) Definitions.--In this Act:''; and (C) by adding at the end the following: ``(b) General Provisions.--In any case in which this Act requires the Secretary to use the best scientific and commercial data available, the Secretary shall obtain and use scientific or commercial data that are empirical or have been field-tested or peer-reviewed.''. (2) Conforming amendment.--The table of contents in the first section of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is amended by striking the item relating to section 3 and inserting the following: ``Sec. 3. Definitions and general provisions.''. (b) Finding of Sufficient Biological Information To Support Recovery Planning.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``shall make'' and inserting the following: ``shall-- ``(i) make''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(ii) determine that a species is an endangered species or a threatened species only if the Secretary finds that there is sufficient biological information to support recovery planning for the species under subsection (f).''; and (2) in the first sentence of paragraph (3)(A), by inserting before the period at the end the following: ``and as to whether the petition presents sufficient biological information to support recovery planning for the species under subsection (f)''. (c) Petition Process.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following: ``(E) Listing petition information.--In the case of a petition to add a species to a list published under subsection (c), a finding that the petition presents the information described in subparagraph (A) shall not be made unless the petition provides-- ``(i) documentation from a published scientific source that the fish, wildlife, or plant that is the subject of the petition is a species; ``(ii)(I) a description of the available data on the historical and current range and distribution of the species; ``(II) an explanation of the methodology used to collect the data; and ``(III) identification of the location where the data can be reviewed; ``(iii) an appraisal of the available data on the status and trends of all extant populations of the species; ``(iv) an appraisal of the available data on the threats to the species; ``(v) an identification of the information contained or referred to in the petition that has been peer-reviewed or field-tested; and ``(vi) a description of at least 1 study or credible expert opinion, from a person not affiliated with the petitioner, to support the action requested in the petition. ``(F) Notification to states.-- ``(i) Petitioned actions.--If a petition is found to present information described in subparagraph (A), the Secretary shall-- ``(I) notify and provide a copy of the petition to the State agency of each State in which the species is believed to occur; and ``(II) solicit the assessment of the agency as to whether the petitioned action is warranted, which assessment shall be submitted to the Secretary during a comment period ending 90 days after the date of the notification. ``(ii) Other actions.--If the Secretary has not received a petition to add a species to a list published under subsection (c) and the Secretary is considering proposing to list the species as an endangered species or a threatened species under subsection (a), the Secretary shall-- ``(I) notify the State agency of each State in which the species is believed to occur; and ``(II) solicit the assessment of the agency as to whether the listing would be in accordance with subsection (a), which assessment shall be submitted to the Secretary during a comment period ending 90 days after the date of the notification. ``(iii) Consideration of state assessments.--Before publication of a finding described in subparagraph (A) that a petitioned action is warranted, the Secretary shall consider any assessments submitted with respect to the species within the comment period established under clause (i) or (ii).''. (d) Improvement of Public Hearings in the Listing Process.-- (1) In general.--Section 4(b)(5) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(5)) is amended by striking subparagraph (E) and inserting the following: ``(E) promptly hold at least 2 hearings in each State in which the species proposed for determination as an endangered species or a threatened species is located (including at least 1 hearing in an affected rural area if 1 or more rural areas within the State are affected by the determination), except that the Secretary may not be required to hold more than 10 hearings under this subparagraph with respect to the proposed regulation.''. (2) Definition of rural area.--Section 3(a) of the Endangered Species Act of 1973 (16 U.S.C. 1532(a)) (as amended by subsection (a)(1)(B)) is amended-- (A) by redesignating paragraphs (12) through (14) as paragraphs (11) through (13), respectively; and (B) by inserting before paragraph (15) the following: ``(14) Rural area.--The term `rural area' means a county or unincorporated area that has no city or town with a population of more than 10,000 individuals.''. (3) Conforming amendment.--Section 7(n) of the Endangered Species Act of 1973 (16 U.S.C. 1536(n)) is amended in the first sentence by striking ``, as defined by section 3(13) of this Act,''. (e) Emergency Listing.--Section 4(b)(7) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(7)) is amended in the first sentence by striking ``posing a significant risk to the well-being'' and inserting ``that poses an imminent threat to the continued existence''. (f) Other Listing Reforms.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9) Availability of listing data.-- ``(A) In general.--Subject to subparagraph (B), upon publication of a proposed regulation determining that a species is an endangered species or a threatened species, the Secretary shall make publicly available-- ``(i) all information on which the determination is based, including all scientific studies and data underlying the studies; and ``(ii) all information relating to the species that the Secretary possesses and that does not support the determination. ``(B) Limitation.--Subparagraph (A) does not require disclosure of any information that-- ``(i) is not required to be made available under section 552 of title 5, United States Code (commonly known as the `Freedom of Information Act'); or ``(ii) is prohibited from being disclosed under section 552a of title 5, United States Code (commonly known as the `Privacy Act'). ``(10) Establishment of criteria for scientific studies to support listing.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall promulgate regulations that establish criteria that must be met for scientific and commercial data to be used as the basis of a determination under this section that a species is an endangered species or a threatened species. ``(11) Field data.-- ``(A) Requirement.--The Secretary may not determine that a species is an endangered species or a threatened species unless the determination is supported by data obtained by observation of the species in the field. ``(B) Data from landowners.--The Secretary shall-- ``(i) accept and acknowledge receipt of data regarding the status of a species that is collected by an owner of land through observation of the species on the land; and ``(ii) include the data in the rulemaking record compiled for any determination that the species is an endangered species or a threatened species.''. SEC. 3. DEADLINE FOR DEVELOPMENT OF RECOVERY PLANS. Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the end the following: ``(6) Deadline for development of recovery plans.--The Secretary shall-- ``(A) begin developing a recovery plan required for a species under paragraph (1) on the date of promulgation of the proposed regulation to implement a determination under subsection (a)(1) with respect to the species; and ``(B) issue a recovery plan in final form not later than the date of promulgation of the final regulation to implement the determination.''. SEC. 4. DELISTING. Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) (as amended by section 3) is amended by adding at the end the following: ``(7) Effect of fulfillment of recovery plan criteria.-- ``(A) Change in status.--If the Secretary finds that the criteria of a recovery plan have been met for a change in status of the species covered by the recovery plan from an endangered species to a threatened species, or from a threatened species to an endangered species, the Secretary shall promptly publish in the Federal Register a notice of the change in status of the species. ``(B) Removal from listing.--If the Secretary finds that the criteria of a recovery plan have been met for the removal of the species covered by the recovery plan from a list published under subsection (c), the Secretary shall promptly publish in the Federal Register a notice of an intent to remove the species from the list.''.

Endangered Species Listing and Delisting Process Reform Act of 2001 - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior, when required under such Act to use the best scientific and commercial data available in the determination of a species for inclusion on the endangered or threatened list, to use data that are empirical or have been field-tested or peer-reviewed. Allows the Secretary to make such a determination only if there is sufficient biological information to support recovery planning for the species.Adds certain information required in a petition to add a species to the endangered or threatened list. Requires the Secretary to notify and provide a copy of such petition to an agency of each State in which the species is believed to occur and to solicit the assessment of such agency as to whether the petitioned action is warranted.Directs the Secretary, upon publication of a proposed regulation determining an endangered or threatened listing, to make publicly available all information on which the determination is based, as well as all information relating to the species that does not support such determination (with an exception for disclosures protected under the Freedom of Information Act or the Privacy Act).Directs the Secretary to establish criteria that must be met for scientific and commercial data to be used in a determination that a species is endangered or threatened.

A bill to amend the Endangered Species Act of 1973 to improve the processes for listing, recovery planning, and delisting, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parental Empowerment Act of 2005''. SEC. 2. REQUIRED POLICIES AND PROCEDURES. Beginning not later than 1 year after the date of the enactment of this Act, a State may not receive any funds under any program or activity administered by the Secretary of Education unless, with regard to the purchase or acquisition of any library or classroom-based reference, instructional, or other print material for use in any elementary school, the State is implementing policies and procedures that-- (1) require each local educational agency in the State to maintain a parent review and empowerment council in accordance with this Act; or (2) if the State purchases most library or classroom-based reference, instructional, or other print materials for use in elementary schools served by the State's local educational agencies, require the State educational agency to maintain such a council. SEC. 3. PARENT REVIEW AND EMPOWERMENT COUNCIL. (a) Membership.--Each council shall be composed of not less than 5 nor more than 15 members (unless a lesser or greater number of members is determined by the State (or its designee) to be necessary for organizational purposes), of which-- (1) a majority of the members must have a child who is enrolled, or was enrolled within the previous 2 school years, in an elementary school operated by the applicable educational agency; and (2) at least 1 member must have a child who is enrolled in a kindergarten operated by such agency if the kindergarten program of the agency is operated as part of a separate educational program. (b) Operations.-- (1) In general.--Each council shall provide significant input into the decision-making process of the applicable educational agency regarding the purchase or acquisition of any library or classroom-based reference, instructional, or other print material for use in any elementary school. (2) Recommendations.--Each council shall provide recommendations to the relevant decision-making body on the purchase or acquisition by the applicable educational agency of any library or classroom-based reference, instructional, or other print material for use in any elementary school, including by majority vote-- (A) recommending the acceptance in whole or in part of the proposed purchase or acquisition; (B) recommending the supervised release (such as by parent or teacher signature) of part of the proposed purchase or acquisition; (C) recommending that the relevant decision-making body review and specifically determine whether part of the proposed purchase or acquisition is appropriate; or (D) recommending against part of the proposed purchase or acquisition. (3) Timing.--Each council shall provide recommendations pursuant to paragraph (2) prior to the date of the purchase or acquisition involved. (4) Meetings.--Each council shall meet not less than every 6 months to review, consider, and provide recommendations on the purchase or acquisition by the applicable educational agency of library or classroom-based reference, instructional, or other print materials for use in any elementary school. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to create a Federal prohibition against the purchase or acquisition of any library or classroom-based reference, instructional, or other print material by a State or local educational agency if the State or agency determines that such material is appropriate. SEC. 5. REPORT. Not later than 18 months after the date of the enactment of this Act, the Secretary shall conduct a study and submit a report on the results achieved under this Act to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. SEC. 6. DEFINITIONS. In this Act: (1) The term ``applicable educational agency'' means-- (A) the local educational agency involved; or (B) in the case of a State described in section 2(2), the State educational agency. (2) The term ``child'' means a child within the age limits for which the State involved provides free public education. (3) The term ``council'' means a parent review and empowerment council maintained in accordance with this Act. (4) The term ``elementary school''-- (A) has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and (B) includes a kindergarten operated by the applicable educational agency, irrespective of whether the kindergarten is operated as part of a separate educational program or as a part of the State's elementary education under applicable State law. (5) The term ``library or classroom-based reference, instructional, or other print material'' excludes any school textbook. (6) The term ``local educational agency'' has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (7) The term ``Secretary'' means the Secretary of Education. (8) The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States. (9) The term ``State educational agency'' has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

Parental Empowerment Act of 2005 - Prohibits any state from receiving federal education funds unless the state has policies and procedures that require: (1) each local educational agency to maintain a parent review and empowerment council to provide input and recommendations regarding purchase or acquisition of library and classroom-based reference, instructional, and other print materials for use in elementary schools; or (2) the state educational agency to maintain such a council, if the state purchases most of such materials.

To prohibit a State from receiving Federal education funds unless the State has certain policies and procedures regarding the purchase or acquisition of library and classroom-based reference, instructional, and other print materials for use in elementary schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Mathematics and Science Teacher Quality Act''. SEC. 2. PARTNERSHIPS FOR MATHEMATICS AND SCIENCE TEACHER QUALITY IMPROVEMENT. (a) Subpart Heading.--The heading for part B of title II of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``Part B--Partnerships for Mathematics and Science Teacher Quality Improvement''. (b) Purpose; Definitions.-- (1) Purpose.--Subsection (a) of section 2201 such Act (20 U.S.C. 2201(a)) is amended-- (A) in the matter preceding paragraph (1), by inserting ``businesses, informal science education centers,'' after ``higher education,''; (B) in paragraph (3), by inserting ``and informal science education centers'' after ``higher education''; (C) at the end of paragraph (4), by striking ``and''; (D) at the end of paragraph (5), by striking the period and inserting ``; and''; and (E) by adding at the end the following: ``(6) replicate and apply the effectiveness of model mathematics and science professional development programs on a broader level.''. (2) Definitions.--Subsection (b) of such section is amended-- (A) in paragraph (1)(A)-- (i) in clause (ii), by striking ``and'' at the end; (ii) by striking clause (i) and redesignating clause (ii) as clause (i); (iii) by inserting after clause (i) (as so redesignated) the following: ``(ii) a teacher training department of an institution of higher education; and''. (B) in paragraph (1)(B)(i), by striking ``science, or teacher training'' and inserting ``or science''; (C) in paragraph (1)(B)(iii), before the semicolon insert ``or a consortium of businesses''; (D) in paragraph (1)(B)(iv), after ``organization'' insert ``, including an informal science education center,''; and (E) by adding at the end the following: ``(3) Mathematics and science teacher.--The term `mathematics and science teacher' means a mathematics, science, or technology teacher at the elementary school or secondary school level. ``(4) Science.--The term `science', in the context of elementary and secondary education, includes technology and pre-engineering.''. SEC. 3. GRANTS FOR PARTNERSHIPS FOR MATHEMATICS AND SCIENCE TEACHER QUALITY IMPROVEMENT. (a) Section Heading.--The section heading for section 2202 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6662) is amended to read as follows: ``SEC. 2202 GRANTS FOR PARTNERSHIPS FOR MATHEMATICS AND SCIENCE TEACHER QUALITY IMPROVEMENT.''. (b) Grants.--Subsection (a) of such section is amended-- (1) by striking paragraph (1) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; and (2) in paragraph (1) (as so redesignated)-- (A) by amending subparagraph (A) to read as follows: ``(A) In general.--The Secretary is authorized to award grants to State educational agencies to enable such agencies to award subgrants, on a competitive basis, to eligible partnerships to carry out the authorized activities described in subsection (d).''; and (B) by striking ``subparagraph (A)(i)'' in subparagraph (B) and inserting ``subsection (f)(3)''. (c) Application Requirements.--Subsection (b) of such section is amended-- (1) by amending paragraph (1) to read as follows: ``(1) In general.--Each eligible partnership desiring a subgrant under this part shall submit an application to the State educational agency, at such time, in such manner, and accompanied by such information as the State educational agency may require.''; (2) by amending paragraph (2)(C) to read as follows: ``(C) a description of how the activities to be carried out by the eligible partnership will be based on a review of scientifically based research or modeled after programs identified by the Secretary, in consultation with the Director of the National Science Foundation, to be replicated on a more expansive basis, and an explanation of how the activities are expected to improve student academic achievement and strengthen the quality of mathematics and science instruction;''; and (3) in paragraph (2)(D)-- (A) by striking ``subsection (c)'' in clause (i) and inserting ``subsection (d)''; and (B) by striking ``subsection (e)'' in clause (ii) and inserting ``subsection (f)''. (d) Priority.--Such section 2202 is amended by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Priority.--In awarding grants under this part, a State educational agency shall give priority to eligible partnerships that carry out activities modeled after programs identified by the Secretary, in consultation and coordination with the Director of the National Science Foundation, to be replicated on a more expansive basis.''. (e) Authorized Activities.--Subsection (d) of such section (as so redesignated) is amended-- (1) by inserting before the period at the end of paragraph (1) the following: ``, including activities to replicate model math and science professional development programs''; (2) by striking paragraphs (4), (5), and (10) and redesignating paragraphs (6), (7), (8), and (9) as paragraphs (4), (5), (6), and (7), respectively; and (3) in paragraph (5) (as so redesignated), by inserting ``, such as an exemplary teacher (as defined in section 9109) or a building leader'' after ``teacher''. (f) National Science Foundation.--Subsection (e)(2) of such section (as so redesignated) is amended to read as follows: ``(2) National science foundation.--In carrying out the activities authorized by this part, the Secretary shall-- ``(A) consult and coordinate with the Director of the National Science Foundation, particularly with respect to the appropriate roles for the Department and the Foundation in the conduct of summer workshops, institutes, or partnerships to improve mathematics and science teaching in elementary schools and secondary schools; ``(B) collaborate with the Director of the National Science Foundation to make widely available, including through dissemination on the Internet and to all State educational agencies and other recipients of funds under this part, information on model programs identified by the Director of the National Science Foundation to be replicated on a more expansive basis; and ``(C) in collaboration with the Director of the National Science Foundation, hold an annual summit with partnership grantees from this part and from the National Science Foundation's Mathematics and Science Partnership program to review the progress and results of awarded grants.''. (g) Evaluation and Accountability Plan.--Subsection (f) of such section (as so redesignated) is amended-- (1) in paragraph (1), by striking ``an evaluation'' and inserting ``a scientifically valid and rigorous evaluation''; and (2) by adding at the end the following: ``(3) Training and technical assistance.--The Secretary shall reserve one-half of one percent of the funding authorized under this part to provide training and technical assistance to eligible partnerships in conducting a scientifically valid and rigorous evaluation to measure the impact of activities funded under this part.''. (h) Report.--Subsection (g) of such section (as so redesignated) is amended-- (1) by striking ``subsection (e)'' and inserting ``subsection (f)''; and (2) by adding at the end the following: ``The Secretary shall place this report on the Department's Web site.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Grants to States, Local Educational Agencies, and Eligible Partnerships.--Subsection (a) of section 2103 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6603) is amended to read as follows: ``SEC. 2103. AUTHORIZATION OF APPROPRIATIONS. ``(a) Grants to States, Local Educational Agencies, and Eligible Partnerships.-- ``(1) In general.--There are authorized to be appropriated to carry out this part (other than subpart 5) and part B such sums as may be necessary for fiscal year 2008 and for each of the 5 succeeding fiscal years. ``(2) Reservation.--From the funds appropriated under paragraph (1), the Secretary shall reserve not less than 15 nor more than 20 percent to carry out part B.''. (b) National Programs.--Subsection (b) of such section is amended by striking ``2002'' and inserting ``2008''. (c) Conforming Amendment.--Section 2203 of such Act is repealed.

Improving Mathematics and Science Teacher Quality Act - Amends part B of title II of the Elementary and Secondary Education Act of 1965 (ESEA) to authorize the inclusion of informal science education centers and business consortia as partners in the grant program to improve the quality of elementary and secondary school mathematics and science teachers. Requires the inclusion of teacher training departments of institutions of higher education in such partnerships, but removes state educational agencies as partnership participants. Authorizes the Secretary of Education to award such grants to states for redistribution as competitive subgrants to eligible partnerships. (Currently, the Secretary awards grants directly to such partnerships if appropriations do not exceed a specified amount.) Requires that grant priority be given to eligible partnerships that carry out activities modeled after programs which are to be identified and disseminated by the Secretary, in consultation and coordination with the Director of the National Science Foundation, for replication on a more expansive basis. Removes the provision of financial incentives to recruit and retain teachers from authorized grant uses. Reauthorizes appropriations for the programs under parts A and B of title II of the ESEA through FY2013.

To amend provisions of the Elementary and Secondary Education Act of 1965 relating to mathematics and science instruction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Hood Families Benefits Protection Act''. SEC. 2. TREATMENT OF MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE WHO WERE KILLED OR WOUNDED IN THE SHOOTINGS AT FORT HOOD. (a) Treatment.--For purposes of the laws specified in subsection (b), a member of the Armed Forces or civilian employee of the Department of Defense who was killed or wounded by gunfire in the shootings that occurred at Fort Hood, Texas, on November 5, 2009, shall be deemed-- (1) in the case of a member, to have been killed or wounded in a combat zone as the result of an act of an enemy of the United States; and (2) in the case of a civilian employee of the Department of Defense, to have been killed or wounded while serving with the Armed Forces in a contingency operation or to have been killed or wounded in a terrorist attack. (b) Covered Laws.--Subsection (a) shall apply with respect to the following laws (and related regulations and policies): (1) Executive Order 11016 (relating to the award of the Purple Heart to members of the Armed Forces). (2) The Secretary of Defense Medal for the Defense of Freedom (for civilian employees of the Department of Defense who are killed or wounded in the line of duty). (3) Section 8102a of title 5, United States Code (relating to a death gratuity for deaths incurred in connection with an employee's service with the Armed Forces in a contingency operation). (4) Section 1413a of title 10, United States Code (relating to combat-related special compensation for retired members). (5) Section 1482a of title 10, United States Code (relating to payment of expenses incident to the death of a civilian employee while serving with the Armed Forces in a contingency operation). (6) Sections 303a(e) and 373(b)(2) of title 37, United States Code (relating to repayment of unearned portion of bonuses and other benefits when a uniformed services dies or is retired or separated with a combat-related disability). (7) Section 310 of title 37, United States Code (relating to special pay for members for duty subject to hostile fire or imminent danger). (8) Section 328 of title 37, United States Code (relating to combat-related injury rehabilitation pay for members). (9) Section 372 of title 37, United States Code (relating to continuation of special pays and allowances for members during hospitalization and rehabilitation resulting from wounds incurred while on duty in a combat zone). (10) Section 402(h) of title 37, United States Code (relating to no payment for meals received at military treatment facilities by members recovering from an injury incurred in a combat zone). (11) Section 411h of title 37, United States Code (relating to transportation of family members incident to illness or injury of members). (12) Section 1007(c)(4) of title 37, United States Code (relating to deductions from pay of members). (13) Section 112 of the Internal Revenue Code of 1986 (relating to tax treatment of combat zone compensation of members). (14) Section 134(b)(6) of the Internal Revenue Code of 1986 (relating to tax treatment of certain State payments received by members in a combat zone). (15) Section 692 of the Internal Revenue Code of 1986 (relating to income taxes of members who die in a combat zone or from injuries sustained therein and victims of terrorist attacks). (16) Section 2201 of the Internal Revenue Code of 1986 (relating to selection of rate schedule to estate of members who die in a combat zone or from injuries sustained therein and victims of terrorist attacks). (17) Section 7508 of the Internal Revenue Code of 1986 (relating to postponement of time for performing certain actions under internal revenue laws for members serving in a combat zone or recovering from injuries sustained therein). (18) Any other provision of law that treats the death or injury of a member of the Armed Forces in a combat zone as the result of an act of an enemy of the United States or the death or injury of a civilian employee in a terrorist attack or while serving with the Armed Forces in a contingency operation differently from the death or injury of members and civilian employees under other circumstances. (c) Maximum Coverage Under Servicemembers' Group Life Insurance.-- If a member of the Armed Forces who was killed in the shootings that occurred at Fort Hood or dies of wounds sustained in the shootings was insured under subchapter III of chapter 19 of title 38, United States Code, but elected to be insured in an amount less than the amount provided for under section 1967(a)(3)(A)(i) of such title, the amount for which the person is deemed to be insured under such subchapter shall be $400,000 notwithstanding such election. (d) Exception.--Subsections (a) and (c) shall not apply to a member of the Armed Forces whose wounds or death is the result of the willful misconduct of the member.

Fort Hood Families Benefits Protection Act - Treats members of the Armed Forces and civilian employees of the Department of Defense (DOD) who were killed or wounded in the shootings at Fort Hood, Texas, as members killed or wounded in a combat zone or civilian employees killed or wounded in a terrorist attack or while serving in a contingency operation, respectively, for purposes of specified laws, regulations, and policies concerning compensation, awards, and other benefits for which such members and employees are eligible. Provides the maximum amount of coverage ($400,000) under Servicemembers' Group Life Insurance for any member killed in such shootings, as well as any member who dies of wounds sustained in the shootings, notwithstanding that the member elected to be insured in a lesser amount. Excludes from the above provisions members whose wounds or death is the result of willful misconduct.

To ensure that the members of the Armed Forces and civilian employees of the Department of Defense who were killed or wounded in the shootings at Fort Hood are treated in the same manner as members who are killed or wounded in combat zones or civilian employees who are killed or wounded in a terrorist attack or while serving with the Armed Forces in a contingency operation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Medication Evaluation and Dispensing System Act of 1995''. SEC. 2. ESTABLISHMENT OF MEDICATION EVALUATION AND DISPENSING SYSTEM UNDER MEDICARE. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by inserting after section 1888 the following new section: ``medicare medication evaluation and dispensing system ``Sec. 1889. (a) Establishment.-- ``(1) In general.--In accordance with the requirements of this section, the Secretary shall establish and operate the Medicare Medication Evaluation and Dispensing System (hereafter in this section referred to as the `MMEDS') to provide for-- ``(A) prospective and retrospective review of prescription drugs furnished to Medicare beneficiaries (in accordance with subsection (b)); ``(B) educating physicians, patients, and pharmacists regarding the appropriate use of prescription drugs (in accordance with subsection (c)); and ``(C) the establishment of standards for counseling Medicare beneficiaries (consistent with the laws of the State in which a beneficiary resides) regarding the appropriate use of prescription drugs. ``(2) Treatment of drugs not covered under medicare.--The MMEDS shall provide for review, information, and counseling with respect to any prescription drug furnished to a Medicare beneficiary without regard to whether or not payment may be made for the drug under this title. ``(3) Medicare beneficiary defined.--In this section, a `Medicare beneficiary' is any individual entitled to benefits under part A or enrolled under part B. ``(b) Requirements for Review of Prescriptions.-- ``(1) In general.--The MMEDS shall provide on-line prospective review of prescriptions on a 24-hour basis and periodic retrospective review of claims. ``(2) Prospective drug utilization review.-- ``(A) In general.--The MMEDS shall provide for on- line prospective review of each outpatient prescription drug prescribed for a Medicare beneficiary before the prescription is filled or the drug is furnished, including screening for potential drug therapy problems due to therapeutic duplication, drug-to-drug interactions, drug-disease contraindications, and incorrect drug dosage or duration of drug treatment. ``(B) Discussion of appropriate use.--In conducting prospective review under the MMEDS, any individual or entity that dispenses an outpatient prescription drug shall offer (consistent with the law of the State in which the patient resides) to discuss with the patient to whom the drug is furnished or the patient's caregiver (in person if practicable, or through access to a toll-free telephone service) information regarding the appropriate use of the drug, potential interactions between the drug and other drugs dispensed to the individual, and such other matters as the Secretary may require. ``(C) Additional duties.--In carrying out this paragraph, the Secretary shall-- ``(i) develop public domain software which could be used by carriers and pharmacies to provide the on-line prospective review; and ``(ii) study the feasibility and desirability of requiring patient diagnosis codes on prescriptions and the feasibility of expanding the prospective drug utilization review program to include the identification of drug-disease contraindications, interactions with over-the-counter drugs, and drug-allergy interactions. ``(3) Retrospective drug utilization review.--As part of the MMEDS, the Secretary shall provide for a retrospective drug utilization review program to provide for the ongoing periodic examination of claims data and other records on outpatient prescription drugs furnished to Medicare beneficiaries in order to identify patterns of inappropriate or medically unnecessary patient care. ``(4) Use of electronic system.-- ``(A) In general.--As part of the MMEDS, the Secretary shall establish, by not later than June 1, 1997, a point-of-sale electronic system for use by carriers and pharmacies in the submission of information respecting outpatient prescription drugs dispensed to Medicare beneficiaries. Such system shall be consistent with the standards established by the National Council of Prescription Drug Programs. ``(B) Technical assistance.--The Secretary shall provide technical assistance in the use of the electronic system established under subparagraph (A) to carriers and pharmacies. ``(c) Education Regarding Appropriate Use of Prescription Drugs.-- ``(1) In general.--Under the MMEDS, the Secretary (either directly or through contract) shall provide for an educational outreach program to educate patients, pharmacists, and other health care providers concerning-- ``(A) instances or patterns of unnecessary or inappropriate prescribing or dispensing practices for outpatient prescription drugs, ``(B) instances or patterns of substandard care with respect to such drugs, ``(C) potential adverse reactions and interactions, and ``(D) appropriate use of generic products. ``(2) Information on changes in prescribing and dispensing practices.--Under the program described in paragraph (1), the Secretary shall provide information (in such format as the Secretary considers appropriate) on changes in prescribing and dispensing practices to promote the appropriate use of prescription drugs. ``(d) Privacy Protection.--The Secretary shall establish standards to protect from public disclosure any information provided by or through the MMEDS that identifies an individual and relates to the individual's physical or mental health and the identity of any individual (whether a patient or an individual involved in the prescribing, dispensing, or administration of the drug) who is the subject of such information. ``(e) Assistance for Participating Pharmacists.-- ``(1) In general.--The Secretary shall provide to each pharmacist meeting the requirements of paragraph (2)-- ``(A) a distinctive emblem (suitable for display to the public) indicating that the pharmacy participates in the MMEDS, and ``(B) upon request, such technical assistance as the Secretary determines may be necessary for the pharmacist to submit information to and retrieve information from the electronic system established under subsection (b)(4). ``(2) Requirements described.--A pharmacist meets the requirements of this paragraph if the pharmacist is legally authorized under State law (or the State regulatory mechanism provided by State law) of the State in which the drug is received by the beneficiary to dispense outpatient prescription drugs and meets other participation standards established by the Secretary with respect to the following: ``(A) Maintenance of patient records. ``(B) Accuracy of information submitted under the MMEDS. ``(C) Patient counseling. ``(D) Performance of drug use review activities under the MMEDS. ``(f) Adoption of Medicaid Programs.--To the extent considered appropriate by the Secretary, the MMEDS with respect to drugs furnished in a State may include elements applicable to the furnishing of covered outpatient drugs under the State Medicaid program under section 1927.''. (b) Recommendations on Coordination With Programs Under Other Plans.--Not later than October 1, 1996, the Secretary of Health and Human Services shall submit recommendations to Congress on measures-- (1) to ensure the coordination of information collected and disseminated under the Medicare Medication Evaluation and Dispensing System established under section 1889 of the Social Security Act (as added by subsection (a)) with information provided to and collected from similar programs providing services to Medicare beneficiaries enrolled in health care plans (including plans of an organization described in section 1833(a)(1)(A) of such Act or an eligible organization with an agreement in effect under section 1876 of such Act, plans serving as primary plans section 1862(b) of such Act, and medicare supplemental policies described in section 1882 of such Act); and (2) to avoid the duplication of services provided under such System with services provided under such similar programs. (c) Special Rules for Carriers.-- (1) Use of regional carriers.--Section 1842(b)(2) of the Social Security Act (42 U.S.C. 1395u(b)(2)) is amended by adding at the end the following new subparagraph: ``(E) With respect to activities related to the Medicare Medication Evaluation and Dispensing System under section 1889, the Secretary may enter into contracts with carriers under this section to perform the activities on a regional basis.''. (2) Additional functions.--Section 1842(b)(3) of such Act (42 U.S.C. 1395u(b)(3)) is amended-- (A) by striking ``and'' at the end of subparagraph (I); and (B) by inserting after subparagraph (I) the following new subparagraphs: ``(J) if it makes determinations with respect to outpatient prescription drugs which are subject to the Medicare Medication Evaluation and Dispensing System under section 1889, will receive information transmitted under the electronic system established under section 1889(b)(4); ``(K) will enter into such contracts with organizations described in subsection (f)(3) as the Secretary determines may be necessary to implement and operate (and for related functions with respect to) the electronic system established under section 1889(b)(4); and''. (3) Payment on other than a cost basis.--Section 1842(c)(1)(A) of such Act (42 U.S.C. 1395u(c)(1)(A)) is amended-- (A) by inserting ``(A)'' after ``(c)(1)'', (B) in the first sentence, by inserting ``, except as otherwise provided in subparagraph (B),'' after ``under this part, and'', and (C) by adding at the end the following: ``(B) To the extent that a contract under this section provides for activities related to the Medicare Medication Evaluation and Dispensing System under section 1889, the Secretary may provide for payment for those activities based on any method of payment determined by the Secretary to be appropriate.''. (4) Use of other entities.--Section 1842(f) of such Act (42 U.S.C. 1395u(f)) is amended-- (A) by striking ``and'' at the end of paragraph (1), (B) by striking the period at the end of paragraph (2) and inserting ``; and'', and (C) by adding at the end the following: ``(3) with respect to activities related to the Medicare Medication Evaluation and Dispensing System under section 1889, any other private entity which the Secretary determines is qualified to conduct such activities.''. SEC. 3. RECOMMENDATIONS ON MEDICARE COVERAGE OF PHARMACIST PROFESSIONAL SERVICES. Not later than the expiration of the 2-year period which begins on the date of the initial operation of the Medicare Medication Evaluation and Dispensing System under section 1889 of the Social Security Act (as added by section 2(a)), the Secretary of Health and Human Services shall submit to Congress (in consultation with actively practicing pharmacists)-- (1) an analysis of the effect on net aggregate expenditures under the Medicare program from the establishment and operation of such System; and (2) such recommendations as the Secretary considers appropriate regarding the coverage of and payment for pharmacist professional services under part B of the medicare program as the Secretary considers appropriate, except that the Secretary may recommend coverage of and payment for such services only under a methodology which does not result in an increase in net expenditures under the program (taking into account reductions in expenditures under the program as a result of demonstrable reductions in the inappropriate use of outpatient prescription drugs). SEC. 4. DISTRIBUTION OF CONSUMER GUIDE TO OUTPATIENT PRESCRIPTION DRUGS. Not later than January 1, 1997, the Secretary of Health and Human Services shall publish and disseminate a consumer guide to outpatient prescription drugs to assist medicare beneficiaries in reducing expenditures for outpatient prescription drugs and to assist individuals and entities furnishing items and services to such beneficiaries in determining the cost-effectiveness of such drugs.

Medicare Medication Evaluation and Dispensing System Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to establish and operate the Medicare Medication Evaluation and Dispensing System to provide for: (1) prospective and retrospective review of prescription drugs furnished to Medicare beneficiaries; (2) education of physicians, patients, and pharmacists in the appropriate use of prescription drugs; (3) the establishment of standards for counseling Medicare beneficiaries regarding the appropriate use of prescription drugs; and (4) review, information, and counseling with respect to any prescription drug furnished to a Medicare beneficiary without regard to whether or not payment may be made for the drug under Medicare. Sets forth requirements for review of prescriptions. Requires the Secretary to report to the Congress: (1) an analysis of the effect on net aggregate Medicare expenditures from the establishment of such a System; and (2) any recommendations on Medicare coverage of pharmacist professional services. Directs the Secretary to publish and disseminate a consumer guide to outpatient prescription drugs to assist: (1) Medicare beneficiaries in reducing expenditures for them; and (2) individuals and entities furnishing items and services to such beneficiaries in determining the cost-effectiveness of such drugs.

Medicare Medication Evaluation and Dispensing System Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Nursing Promotion Act''. SEC. 2. ESTABLISHMENT OF A NURSE DISTANCE EDUCATION PILOT PROGRAM. (a) In General.--The Secretary of Health and Human Services, in conjunction with the Secretary of Education, shall establish a Nurse Distance Education Pilot Program through which grants may be awarded for the conduct of activities to increase accessibility to nursing education. (b) Purpose.--The purpose of the Nurse Distance Education Pilot Program established under subsection (a) shall be to increase accessibility to nursing education to-- (1) provide assistance to individuals in rural areas who want to study nursing to enable such individuals to receive appropriate nursing education; (2) promote the study of nursing at all educational levels; (3) establish additional slots for nursing students at existing nursing education programs; and (4) establish new nursing education programs at institutions of higher education. (c) Application.--To be eligible to receive a grant under the Pilot Program under subsection (a), an entity shall submit to the Secretary of Health and Human Services an application at such time, in such manner, and containing such information as the Secretary may require. (d) Authorization of Appropriations.--There is authorized to be appropriated, such sums as may be necessary to carry out this section. SEC. 3. INCREASING THE DOMESTIC SUPPLY OF NURSES AND PHYSICAL THERAPISTS. (a) Not later than January 1, 2008, the Secretary of Health and Human Services, in conjunction with the Secretary of Education, shall-- (1) submit to Congress a report concerning the source of newly licensed nurses and physical therapists in each State, that shall include-- (A) for the most recent 3-year period for which data is available-- (i) separate data relating to teachers at institutions of higher education for each related occupation who have been teaching for not more than 5 years; and (ii) separate data relating to all teachers at institutions of higher education for each related occupation regardless of length of service; (B) for the most recent 3-year period for which data is available, separate data for each related occupation and for each State; (C) a description of the barriers to increasing the supply of nursing faculty, domestically trained nurses, and domestically trained physical therapists; (D) separately identify those individuals receiving their initial nursing license and those individuals licensed by endorsement from another State; (E) with respect to those individuals receiving their initial nursing license in each year, a description of the number of individuals who received their professional education in the United States and the number of individuals who received such education outside the United States; (F) to the extent practicable, a description, by State of residence and country of education, of the number of nurses and physical therapists who were educated in any of the 5 countries (other than the United States) from which the most nurses and physical therapists arrived; (G) recommendations of strategies to be utilized by Federal and State governments that would be effective in removing the barriers described in subparagraph (C), including strategies that address barriers to advancement to become registered nurses for other health care workers, such as home health aides and nurses assistants; (H) recommendations for amendments to Federal laws that would increase the supply of nursing faculty, domestically trained nurses, and domestically trained physical therapists; (I) recommendations for Federal grants, loans, and other incentives that would provide increases in nurse educators and nurse training facilities, and other measures to increase the domestic education of new nurses and physical therapists; (J) identify the effects of nurse emigration on the health care systems in their countries of origin; and (K) recommendation for amendments to Federal law that would minimize the effects of health care shortages in the countries of origin from which immigrant nurses arrived; (2) enter into a contract with the Institute of Medicine of the National Academy of Sciences for the conduct of a study, and submission of a report, to determine the level of Federal investment under titles VII and VIII of the Public Health Service Act (42 U.S.C. 292 and 296 et seq.) that is necessary to eliminate the domestic nursing and physical therapist shortage by the date that is not later than 7 years after the date on which the report is submitted; and (3) collaborate with the heads of other Federal agencies, as appropriate, in working with ministers of health or other appropriate officials of the 5 countries from which the most nurses and physical therapists arrived into the United States, to-- (A) address health worker shortages caused by emigration; and (B) ensure that there is sufficient human resource planning or other technical assistance needed to reduce further health worker shortages in such countries. SEC. 4. SHORTAGE OCCUPATIONS. (a) Exception to Direct Numerical Limitations.--Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following new subparagraph: ``(F)(i) During the period beginning on the date of the enactment of the Rural Nursing Promotion Act and ending on September 30, 2017, an alien-- ``(I) who is described in section 203(b); and ``(II) who is seeking admission to the United States to perform labor in shortage occupations designated by the Secretary of Labor for certification under section 212(a)(5)(A) due to the lack of sufficient United States workers able, willing, qualified, and available for such occupations and for which the employment of aliens will not adversely affect the terms and conditions of similarly employed United States workers. ``(ii) During the period described in clause (i), the spouse or dependent of an alien described in clause (i), if accompanying or following to join such alien.''. (b) Exception to Nondiscrimination Requirements.--Section 202(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(1)(A)) is amended by striking ``201(b)(2)(A)(i)'' and inserting ``201(b)''. (c) Exception to Per Country Levels for Family-Sponsored and Employment-Based Immigrants.--Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)), is amended by inserting ``, except for aliens described in section 201(b),'' after ``any fiscal year''. (d) Procedure for Granting Immigrant Status.--Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection: ``(l) The Secretary of Homeland Security shall provide a process for reviewing and making a determination upon a petition filed with respect to an alien described in section 201(b)(1)(F) not later than 30 days after the date a completed petition has been filed for such alien.''.

Rural Nursing Promotion Act - Requires the Secretary of Health and Human Services to establish a Nurse Distance Education Pilot Program through which grants may be awarded for activities to increase accessibility to nursing education in order to: (1) provide assistance to individuals in rural areas who want to study nursing to enable such individuals to receive appropriate nursing education; (2) promote the study of nursing at all educational levels; (3) establish additional slots for nursing students at existing nursing education programs; and (4) establish new nursing education programs at institutions of higher education. Directs the Secretary of Health and Human Services to: (1) report to Congress on the source of newly licensed nurses and physical therapists in each state; (2) contract with the National Academy of Sciences Institute of Medicine to determine the necessary level of federal investment under the Public Health Service Act to eliminate the domestic nursing and physical therapist shortage; and (3) collaborate with other agencies in working with the five countries from which the most nurses and physical therapists arrived to address health worker shortages caused by emigration. Amends the Immigration and Nationality Act to exempt aliens seeking U.S. entry to perform labor in shortage occupations from worldwide and per-country numerical limitations through September 30, 2017. Requires the Secretary of Homeland Security to provide for a process to review and make a determination upon a petition filed for immigrant status for such an alien within 30 days.

A bill to increase the nursing workforce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Polluter Pays Act''. SEC. 2. EXTENSION OF SUPERFUND TAXES. (a) Excise Taxes.-- (1) In general.--Section 4611(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Hazardous Substance Superfund Financing Rate.--The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of this subsection and before January 1, 2021.''. (2) Technical amendments.-- (A) Section 4611(b) of such Code is amended-- (i) by striking ``or exported from'' in paragraph (1)(A), (ii) by striking ``or exportation'' in paragraph (1)(B), and (iii) by striking ``and Exportation'' in the heading. (B) Section 4611(d)(3) of such Code is amended-- (i) by striking ``or exporting the crude oil, as the case may be'' in the text and inserting ``the crude oil'', and (ii) by striking ``or exports'' in the heading. (b) Corporate Environmental Income Tax.-- (1) Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``PART VII--ENVIRONMENTAL TAX ``Sec. 59A. Environmental tax. ``SEC. 59A. ENVIRONMENTAL TAX. ``(a) Imposition of Tax.--In the case of a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 0.12 percent of the excess of-- ``(1) the modified alternative minimum taxable income of such corporation for the taxable year, over ``(2) $2,000,000. ``(b) Modified Alternative Minimum Taxable Income.--For purposes of this section, the term `modified alternative minimum taxable income' means alternative minimum taxable income (as defined in section 55(b)(2)) but determined without regard to-- ``(1) the alternative tax net operating loss deduction (as defined in section 56(d)), and ``(2) the deduction allowed under section 164(a)(5). ``(c) Exception for RICs and REITs.--The tax imposed by subsection (a) shall not apply to-- ``(1) a regulated investment company to which part I of subchapter M applies, and ``(2) a real estate investment trust to which part II of subchapter M applies. ``(d) Special Rules.-- ``(1) Short taxable years.--The application of this section to taxable years of less than 12 months shall be in accordance with regulations prescribed by the Secretary. ``(2) Section 15 not to apply.--Section 15 shall not apply to the tax imposed by this section. ``(e) Application of Tax.--The tax imposed by this section shall apply to taxable years beginning after the date of the enactment of this subsection and before January 1, 2021.''. (2) Conforming amendments.-- (A) Paragraph (2) of section 26(b) of such Code is amended by inserting after subparagraph (A) the following: ``(B) section 59A (relating to environmental tax),''. (B) Section 164(a) of such Code is amended by adding at the end the following: ``(5) The environmental tax imposed by section 59A.''. (C) Section 275(a) of such Code is amended by adding at the end the following: ``Paragraph (1) shall not apply to the tax imposed by section 59A.''. (D) Section 882(a)(1) of such Code is amended by inserting ``59A,'' after ``55,''. (E) Section 1561(a) of such Code is amended-- (i) by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by inserting after paragraph (3) the following: ``(4) one $2,000,000 amount for purposes of computing the tax imposed by section 59A.''; and (ii) by striking ``and the amount specified in paragraph (3)'' and inserting ``, the amount specified in paragraph (3), and the amount specified in paragraph (4)''. (F) Section 6425(c)(1)(A) of such Code is amended by striking ``plus'' at end of clause (i), by striking ``over'' and inserting ``plus'' at the end of clause (ii), and by inserting after clause (ii) the following: ``(iii) the tax imposed by section 59A, over''. (G) Section 6655 of such Code is amended-- (i) in subsections (e)(2)(A)(i) and (e)(2)(B)(i), by striking ``taxable income and alternative minimum taxable income'' and inserting ``taxable income, alternative minimum taxable income, and modified alternative minimum taxable income'', (ii) in subsection (e)(2)(B), by adding at the end the following: ``(iii) Modified alternative minimum taxable income.--The term `modified alternative minimum taxable income' has the meaning given to such term by section 59A(b).'', and (iii) in subsection (g)(1)(A), by striking ``plus'' at the end of clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (ii) the following: ``(iii) the tax imposed by section 59A, plus''. (H) Section 9507(b)(1) of such Code is amended by inserting ``59A,'' after ``section''. (I) The table of parts for subchapter A of chapter 1 of such Code is amended by inserting after the item relating to part VI the following: ``Part VII. Environmental Tax''. (c) Effective Dates.-- (1) Excise taxes.--The amendments made by subsections (a) and (c) shall take effect on the date of the enactment of this Act. (2) Income tax.--The amendment made by subsection (b) shall apply to taxable years beginning after the date of the enactment of this Act.

Superfund Polluter Pays Act Amends the Internal Revenue Code to reinstate and extend through December 31, 2020, the Hazardous Substance Superfund financing rate and the corporate environmental income tax.

Superfund Polluter Pays Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stabilizing Affordable Housing for the Future Act''. SEC. 2. INVESTMENT THROUGH UP-FRONT GRANTS FROM GENERAL INSURANCE FUND. (a) 1997 Act.--Subsection (a) of section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a(a)) is amended by striking the last sentence. (b) 1978 Act.--Paragraph (4) of section 203(f) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z-11(f)(4)) is amended by striking the last sentence. SEC. 3. PRESERVATION OF HUD-HELD AND HUD-OWNED BUILDINGS. Section 204(a) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a(a)) is amended-- (1) by striking ``During'' and all that follows through ``and thereafter, the provision of'' and inserting ``In managing and disposing of multifamily properties during any fiscal year, the Secretary may provide''; and (2) by striking ``notwithstanding any other provision'' and inserting ``consistent with other provisions''. SEC. 4. MAINTAINING AFFORDABILITY THROUGH CONTINUED ASSISTANCE AND ESCROWING OF RENTAL ASSISTANCE. (a) Requirement To Maintain Assistance.--Subject to subsection (c) and notwithstanding any other provision of law, in managing and disposing of any multifamily property that is owned by, or subject to a mortgage held by, the Secretary of Housing and Urban Development, the Secretary shall maintain payment of any rental assistance that is attached to any dwelling units in the property and provided under a contract for the property under section 8 of the United States Housing Act of 1937 or under any other program administered by the Secretary, as provided in this section. (b) Escrow for Properties Not Meeting Housing Quality Standards.-- In the case of any transfer of a distressed multifamily property that does not comply with housing quality standards applicable to the property, the Secretary may not recapture any rental assistance described in subsection (a) for the property, but shall hold any such assistance in escrow for the property during the period of noncompliance and, upon determining that the property complies with such standards make such assistance available for the property. (c) Projects Not Feasible for Continued Assistance.--With respect to a multifamily property described in subsection (a), to the extent the Secretary, in consultation with the tenants of the property, determines that the property is not feasible for continued rental assistance payments under such section 8, or other programs, based on consideration of the costs of rehabilitating and operating the property, after utilizing all available Federal, State, and local resources including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), the Secretary may, in consultation with the tenants of that property, contract with an owner or owners of other existing housing properties to make project-based rental assistance payments for such other properties or provide other rental assistance. SEC. 5. BUILDING ACQUISITION: VALUATION OF PHYSICALLY DISTRESSED PROPERTIES SOLD BY HUD IN DISCOUNT SALES. Section 2001 of the Deficit Reduction Act of 2005 (12 U.S.C. 1701z- 11 note) is amended-- (1) in paragraph (4), by striking ``without taking into account any affordability requirements'' and inserting the following: ``as determined using industry standard appraisal practices, including consideration of the cost of repairs needed for the property subject to the loan to comply with minimum safety and building standards and the cost of maintaining the affordability restrictions applicable under the original loan or grant for the property''; and (2) in paragraph (7), by striking ``without taking into account any affordability requirements'' and inserting the following: ``as determined using industry standard appraisal practices, including consideration of the cost of repairs needed for the property to comply with minimum safety and building standards and the cost of maintaining the affordability restrictions applicable under the original loan or grant for the property''. SEC. 6. MULTIFAMILY HOUSING MORTGAGE FORECLOSURE. The Multifamily Mortgage Foreclosure Act of 1981 is amended-- (1) in section 362 (12 U.S.C. 3701)-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(7) mortgages transferred by the Secretary to State and local governments should be foreclosed in the same manner as mortgages held by the Secretary.''; (2) in section 363 (12 U.S.C. 3702)-- (A) in paragraph (9), by striking ``and'' at the end; (B) in paragraph (10), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(11) `State or local government transferee' means any state or unit of general local government, any public housing authority, or any State or local housing finance agency that has acquired mortgages pursuant to section 203 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z- 11), section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a), or any other provision of law, that were previously held by the Secretary.''; (3) in section 364 (12 U.S.C. 3703)-- (A) by inserting ``, or any State or local government transferee,'' after ``Secretary'' the first and fourth places such term appears; and (B) by inserting ``, or the State or local government transferee,'' after ``Secretary'' the second, third, and fifth places such term appears; (4) in section 365 (12 U.S.C. 3704)-- (A) by inserting ``, or any State or local government transferee,'' after ``Secretary'' the first place such term appears; (B) by inserting ``, or the State or local government transferee,'' after ``Secretary'' each other place such term appears; and (C) by striking the last 3 sentences and inserting the following: ``The entity designating the foreclosure commissioner, whether the Secretary or any State or local government transferee, shall be a guarantor of payment of any judgment against the foreclosure commissioner for damages based upon the commissioner's failure to perform properly the commissioner's duties. As between the entity designating the foreclosure commissioner, whether the Secretary or any State or local government transferee, and the mortgagor, the entity designating the foreclosure commissioner shall bear the risk of any financial default by the foreclosure commissioner. In the event that the Secretary or any State or local government transferee makes any payment pursuant to the preceding two sentences, the Secretary or any State or local government transferee shall be fully subrogated to the rights satisfied by such payment.''; (5) in section 366 (12 U.S.C. 3705)-- (A) by inserting ``, or any State or local government transferee,'' after ``Secretary'' the first, third, fourth, and fifth place such term appears; and (B) by inserting ``, or the State or local government transferee,'' after ``Secretary'' the second and sixth places such term appears; (6) in section 367 (12 U.S.C. 3706)-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``or the State or local government transferee,'' after ``Secretary,''; and (ii) in paragraph (8), by inserting ``, or the State or local government transferee'' after ``Secretary''; (B) in subsection (b)-- (i) by inserting ``, or any State or local government transferee,'' after ``Secretary'' the first and second places such term appears; and (ii) by inserting ``, or the State or local government transferee,'' after ``Secretary'' the third place such term appears; and (C) by adding at the end the following new subsection: ``(c) In any case in which a State or local government transferee is the purchaser of a multifamily project, the State or local government transferee shall manage and dispose of such project to benefit those originally intended to be assisted under the prior program unless continued operation and disposition of the property under such program is not feasible based on consideration of the costs of rehabilitating and operating the property after considering all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note).''; (7) in section 368 (12 U.S.C. 3707)-- (A) by inserting ``, or any State or local government transferee,'' after ``Secretary'' the first and third places such term appears; and (B) by inserting ``, or the State of local government transferee,'' after ``Secretary'' the second place such term appears; (8) in section 369A (12 U.S.C. 3709)-- (A) by inserting ``, or any State or local government transferee,'' after ``Secretary'' the second place such term appears; and (B) by inserting ``, or the State or local government transferee,'' after ``Secretary'' the first, third, and fourth places such term appears; (9) in section 369B (12 U.S.C. 3710)-- (A) by inserting ``, or the State of local government transferee,'' after ``Secretary'' the first and second places such term appears; and (B) by inserting ``, or any State or local government transferee,'' after ``Secretary'' each other place such term appears; (10) in section 369E (12 U.S.C. 3713), by inserting ``, or any State or local government transferee,'' after ``Secretary'' each place such term appears; and (11) in section 369F(a)(1) (12 U.S.C. 3714(a)(1)), by inserting ``, or any State or local government transferee,'' before the semicolon at the end. SEC. 7. BUILDING TRANSFERS: REQUIREMENTS FOR PURCHASERS OF FHA-INSURED PROJECTS AND SECTION 8 PROJECTS. Not later than 90 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue a proposed rulemaking, in accordance with title 5, United States Code, that applies the participation and certification requirements for potential purchasers required under section 219 of Division G of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 397) and applicable to the sale of HUD-owned multifamily housing projects and the foreclosure sale of any multifamily housing securing a mortgage held by the Secretary also to the sale of any multifamily housing having a mortgage that is insured under the National Housing Act or for which assistance is provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) under a project-based assistance contract. SEC. 8. TRANSPARENCY REGARDING BUILDING INFORMATION. (a) Required Posting on Web Site.--The Secretary of Housing and Urban Development shall make publicly available, by posting on a World Wide Web site of the Department, information regarding multifamily housing properties for which rental assistance is provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), for which other rental assistance or a subsidy is provided under a program administered by the Secretary, or for which a mortgage is insured under the National Housing Act (12 U.S.C. 1701 et seq.). (b) Required Information.--The information described in subsection (a) regarding a property shall include-- (1) information regarding the results of physical inspections of the property, including any real estate assessment center (REAC) scores for the property; (2) any notices, plans, and information relating to the property required under the Low-Income Housing Preservation and Resident Homeownership Act of 1990, including a notice of intent to prepay a mortgage under section 212, information under section 216, a second notice of intent under section 216(d), a plan of action under section 217, and notice of approval of a plan of action under section 225; (3) any notice of request to terminate an insurance contract under title II of the National Housing Act (12 U.S.C. 1707 et seq.) for a loan or mortgage on the property; (4) any notice of request to prepay a loan or mortgage on the property insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.); and (5) any notice under section 8(c)(8) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(8)) of proposed termination of an assistance contract under such section for the property. (c) Updating.--The Secretary of Housing and Urban Development shall update the information made available pursuant to this section not less than quarterly.

Stabilizing Affordable Housing for the Future Act - Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 and the Housing and Community Development Amendments of 1978 to: (1) repeal certain conditions on the authority of the Secretary of Housing and Urban Development (HUD) to manage multifamily projects, and (2) authorize the Secretary to provide grants (including up-front grants) and loans from the General Insurance Fund when managing and disposing of such properties. Instructs the Secretary to maintain rental assistance payments for dwelling units in any multifamily property program administered by the Secretary. Amends the Deficit Reduction Act of 2005 to redefine loan market value and property market value with respect to physically distressed properties sold by HUD in discount sales. Repeals the requirement not to take any affordability requirements into account in such valuation. Requires such values to be determined using industry standard appraisal practices. Amends the Multifamily Mortgage Foreclosure Act of 1981 to declare that Congress finds that mortgages transferred by the Secretary to state and local governments should be foreclosed in the same manner as mortgages held by the Secretary. Makes the entity designating the foreclosure commissioner (entity), whether the Secretary (as under current law) or any state or local government transferee, the guarantor of payment of any judgment against the foreclosure commissioner for damages based upon failure properly to perform the commissioner's duties. Makes such entity bear the risk of any financial default by the foreclosure commissioner. Declares that the entity shall be fully subrogated to the rights satisfied by such payment, in the event that any guarantee payments are made. Directs the Secretary to issue a proposed rulemaking that applies certain statutory participation and certification requirements to potential purchasers of multifamily housing with a mortgage insured under the National Housing Act, or for which assistance is provided under section 8 of the United States Housing Act of 1937. Requires the Secretary to post on a website information regarding multifamily housing properties for which: (1) federal rental assistance is provided, (2) other rental assistance or a subsidy is provided under a program administered by the Secretary, or (3) a mortgage is insured under the National Housing Act.

To preserve affordable housing opportunities for low-income families, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``San Rafael Western Legacy District and National Conservation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Conservation area.--The term ``Conservation Area'' means the San Rafael National Conservation Area established by section 201. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Western legacy district.--The term ``Western Legacy District'' means the San Rafael Western Legacy District established by section 101. TITLE I--SAN RAFAEL WESTERN LEGACY DISTRICT SEC. 101. ESTABLISHMENT OF THE SAN RAFAEL WESTERN LEGACY DISTRICT. (a) In General.--In order to promote the preservation, conservation, interpretation, scientific research, and development of the historical, cultural, natural, recreational, archeological, paleontological, environmental, biological, educational, wilderness, and scenic resources of the San Rafael region of the State of Utah, as well as the economic viability of rural communities in the region, there is hereby established the San Rafael Western Legacy District, to include the San Rafael National Conservation Area established by section 201. (b) Areas Included.--The Western Legacy District shall consist of approximately 2,842,800 acres of land in the County of Emery, Utah, as generally depicted on the map entitled ``San Rafael Western Legacy District and National Conservation Area'' and dated ______________. (c) Map and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to the Congress a map and legal description of the Western Legacy District. The map and legal description shall have the same force and effect as if included in this Act, except the Secretary may correct clerical and typographical errors in such map and legal description. Copies of the map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, and in the appropriate office of the Bureau of the Land Management in Utah. (d) Legacy Council.-- (1) In general.--The Secretary shall establish a Legacy Council to advise the Secretary with respect to the Western Legacy District. The Legacy Council may furnish advice and recommendations to the Secretary with respect to management, grants, projects, and technical assistance. (2) Membership.--The Legacy Council shall consist of not more than 10 members appointed by the Secretary. Two members shall be appointed from among the recommendations submitted by the Governor of Utah and 2 members shall be appointed from among the recommendations submitted by the Emery County Commissioners. The remaining members shall be persons recognized as experts in conservation of the historical, cultural, natural, recreational, archeological, environmental, biological, educational, and scenic resources or other disciplines directly related to the purposes for which the Western Legacy District is established. (3) Relationship to other law.--The establishment and operation of the Legacy Council established under this section shall conform to the requirement of the Federal Advisory Committee Act (5 U.S.C. App.) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (e) Assistance.-- (1) In general.--The Secretary may make grants and provide technical assistance to accomplish the purposes of this section to any nonprofit or unit of government with authority in the boundaries of the Western Legacy District. (2) Permitted uses.--Grants and technical assistance made under this section may be used for planning, reports, studies, interpretive exhibits, historic preservation projects, construction of cultural, recreational, educational, and interpretive facilities that are open to the public, and such other expenditures as are consistent with this Act. (3) Planning.--Up to $100,000 of amounts available to carry out this section each fiscal year, up to a total amount not to exceed $200,000, may be provided under this subsection only to a unit of government or a political subdivision of the State of Utah for use for planning activities. (4) Matching funds.--Federal funding provided under this section may not exceed 50 percent of the total cost of the activity carried out with such funding, except that non-Federal matching funds are not required with respect to-- (A) planning activities carried out with assistance under paragraph (3); and (B) use of assistance under this section for facilities located on public lands and that are owned by the Federal Government. (5) Authorization of appropriations.--There are authorized to be appropriated under this section not more than $1,000,000 annually for any fiscal year, not to exceed a total of $10,000,000. SEC. 102. MANAGEMENT AND USE OF THE SAN RAFAEL WESTERN LEGACY DISTRICT. (a) In General.--The Secretary, through the Bureau of Land Management and subject to all valid existing rights, shall administer the public lands within the Western Legacy District pursuant to this Act and the applicable provisions of the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.). The Secretary shall allow such uses of the public land as the Secretary determines will further the purposes for which the Western Legacy District was established. (b) Fish and Wildlife.--Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Utah with respect to fish and wildlife within the Western Legacy District. (c) Private Lands.--Nothing in this Act shall be construed as affecting private property rights within the Western Legacy District. (d) Public Lands.--Nothing in this Act shall be construed as in any way diminishing the Secretary's or the Bureau of Land Management's authorities, rights, or responsibilities for managing the public lands within the Western Legacy District. TITLE II--SAN RAFAEL NATIONAL CONSERVATION AREA SEC. 201. DESIGNATION OF THE SAN RAFAEL NATIONAL CONSERVATION AREA. (a) Purposes.--In order to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important values of the Western Legacy District and the public lands described in subsection (b), including historical, cultural, natural, recreational, scientific, archeological, paleontological, environmental, biological, wilderness, wildlife, educational, and scenic resources, there is hereby established the San Rafael National Conservation Area in the State of Utah. (b) Areas Included.--The Conservation Area shall consist of approximately 947,000 acres of public lands in the County of Emery, Utah, as generally depicted on the map entitled ``San Rafael Western Legacy District and National Conservation Area'' and dated ________. Notwithstanding any depiction on such map, the boundary of the Conservation Area shall be set back 300 feet from the edge of the Interstate 70 right-of-way and 300 feet from the edge of the State Route 24 right-of-way. (c) Map and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to the Congress a map and legal description of the Conservation Area. The map and legal description shall have the same force and effect as if included in this Act, except the Secretary may correct clerical and typographical errors in such map and legal description. Copies of the map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management and in the appropriate office of the Bureau of Land Management in Utah. SEC. 202. MANAGEMENT OF THE SAN RAFAEL NATIONAL CONSERVATION AREA. (a) Management.--The Secretary, acting through the Bureau of Land Management, shall manage the Conservation Area in a manner that conserves, protects, and enhances its resources and values, including those resources and values specified in section 201(a), and pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable provisions of law, including this Act. (b) Uses.--The Secretary shall allow only such uses of the Conservation Area as the Secretary finds will further the purposes for which the Conservation Area is established. (c) Vehicular Uses.-- (1) In general.--Except where needed for administrative purposes or to respond to an emergency, and subject to paragraph (2), use of motorized vehicles in the Conservation Area shall be-- (A) prohibited at all times in areas where roads and trails did not exist as of February 2, 2000; (B) limited to roads and trails that-- (i) existed as of February 2, 2000; and (ii) are designated for motorized vehicle use as part of the management plan prepared pursuant to subsection (f); and (C) managed consistent with section 8340 of title 43, Code of Federal Regulations (relating to designating public lands as open, limited, or closed to the use of off-road vehicles and establishing controls governing the use and operation of off-road vehicles in such areas). (2) Limitation on application.--(A) Subparagraphs (A) and (B) of paragraph (1) do not limit the provision of reasonable access to private lands or State lands within the Conservation Area. (B) Any access to private lands or State lands pursuant to subparagraph (A) of this paragraph shall be restricted to exclusive use by, respectively, the owner of the private lands or the State. (d) Withdrawals.-- (1) In general.--Subject to valid existing rights and except as provided in paragraph (2), all Federal lands within the Conservation Area and all lands and interests therein that are hereafter acquired by the United States are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the mining laws, and from operation of the mineral leasing and geothermal leasing laws and all amendments thereto. Nothing in this paragraph shall be construed to effect discretionary authority of the Secretary under other Federal laws to grant, issue, or renew rights-of-way or other land use authorizations consistent with the other provisions of this Act. (2) Communication facilities.--The Secretary may authorize the installation of communications facilities within the Conservation Area, but only to the extent that they are necessary for public safety purposes. Such facilities must have a minimal impact on the resources of the Conservation Area and must be consistent with the management plan established under subsection (f). (e) Hunting, Trapping, and Fishing.--Hunting, trapping, and fishing shall be permitted within the Conservation Area in accordance with applicable laws and regulations of the United States and the State of Utah, except that the Utah Division of Wildlife Resources, or the Secretary after consultation with the Utah Division of Wildlife Resources, may issue regulations designating zones where and establishing periods when no hunting, trapping, or fishing shall be permitted for reasons of public safety, administration, or public use and enjoyment. (f) Management Plan.--Within 4 years after the date of enactment of this Act, the Secretary shall develop a comprehensive plan for the long-range protection and management of the Conservation Area. The plan shall describe the appropriate uses and management of the Conservation Area consistent with the provisions of this Act. The plan shall include, as an integral part, a comprehensive transportation plan for the lands within the Conservation Area. In preparing the transportation plan the Secretary shall conduct a complete review of all roads and trails within the Conservation Area. The plan may incorporate appropriate decisions contained in any current management or activity plan for the area and may use information developed in previous studies of the lands within or adjacent to the Conservation Area. (g) State Trust Lands.--The State of Utah and the Secretary may agree to exchange Federal lands, Federal mineral interests, or payment of money for lands and mineral interests of approximately equal value that are managed by the Utah School and Institutional Trust Lands Administration and inheld within the boundaries of the Conservation Area. (h) Access.--The Bureau of Land Management, the State of Utah, and Emery County may agree to resolve section 2477 of the Revised Statutes and other access issues within the Conservation Area. (i) Wildlife Management.--Nothing in this Act shall be deemed to diminish the responsibility and authority of the State of Utah for management of fish and wildlife within the Conservation Area. (j) Grazing.--Where the Secretary of the Interior currently permits grazing, such grazing shall be allowed subject to all applicable laws, regulations, and executive orders. (k) No Buffer Zones.--The Congress does not intend for the establishment of the Conservation Area to lead to the creation of protective perimeters or buffer zones around the Conservation Area. The fact that there may be activities or uses on lands outside the Conservation Area that would not be permitted in the Conservation Area shall not preclude such activities or uses on such lands up to the boundary of the Conservation Area consistent with other applicable laws. (l) Water Rights.--Because the available water resources in the drainage basins included in part within the exterior boundaries of the Conservation Area have already been appropriated-- (1) nothing in this Act, the management plan required by subsection (f), or any action taken pursuant thereto, shall constitute either an express or implied reservation of surface or ground water; (2) nothing in this Act affects any valid existing water rights in existence before the date of enactment of this Act, including any water rights held by the United States; and (3) if the United States determines that additional water resources are needed for the purposes of this Act, the United States shall work, with or through any agency that is eligible to hold instream flow water rights, to acquire such rights in accordance with Utah State water law. (m) Wilderness Acts.--Nothing in this Act alters the provisions of the Wilderness Act of 1964 (16 U.S.C. 1131) or the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) as they pertain to wilderness resources within the Conservation Area. Recognizing that the designation of wilderness areas requires an Act of Congress, the Bureau of Land Management, the State of Utah, Emery County, and affected stakeholders may work toward resolving various wilderness issues within the Conservation Area. SEC. 203. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this title such sums as may be necessary.

Authorizes the Secretary to make grants (of up to 50 percent of the total cost of an SRWLD activity) and provide technical assistance to any nonprofit organization or government unit with authority in the SRWLD's boundaries. Authorizes appropriations. Title II: San Rafael National Conservation Area - Establishes the San Rafael National Conservation Area in Utah. Requires the Secretary to develop a comprehensive management plan. Prohibits the use of motorized vehicles in the Conservation Area (except for reasonable access to private or State lands) at all times in areas where roads and trails did not exist as of February 2, 2000. Limits the use of such vehicles to designated roads and trails existing before such date. Requires the United States to acquire any additional water resources needed for purposes of this Act only in accordance with Utah State water law. Authorizes appropriations.

San Rafael Western Legacy District and National Conservation Act

OF ACTION THROUGH ALTERNATIVE DISPUTE RESOLUTION. (a) In General.-- (1) State cases.--A covered health care malpractice action may not be brought in any State court during a calendar year unless the covered health care malpractice claim that is the subject of the action has been initially resolved under an alternative dispute resolution system certified for the year by the Attorney General under section 6(a), or, in the case of a State in which such a system is not in effect for the year, under the alternative Federal system established under section 6(b). (2) Federal diversity actions.--A covered health care malpractice action may not be brought in a Federal court under section 1332 of title 28, United States Code, during a calendar year unless the covered health care malpractice claim that is the subject of the action has been initially resolved under the alternative dispute resolution system described in paragraph (1) that applied in the State whose law applies in such action. (b) Initial Resolution of Claims Under ADR.--For purposes of subsection (a), an action is ``initially resolved'' under an alternative dispute resolution system if-- (1) the ADR reaches a decision on whether the defendant is liable to the plaintiff for damages; and (2) if the ADR determines that the defendant is liable, the ADR reaches a decision regarding the amount of damages assessed against the defendant. (c) Procedures for Filing Actions.-- (1) Notice of intent to contest decision.-- (A) In general.--Not later than 60 days after a decision is issued with respect to a covered health care malpractice claim under an alternative dispute resolution system, each party affected by the decision shall submit a sealed statement to a court of competent jurisdiction, selected by the arbitrator, indicating whether the party intends to contest the decision. (B) Sealed statements.--Each sealed statement submitted to a court under subparagraph (A) shall remain sealed until the earlier of-- (i) the date on which all affected parties have submitted such statement; or (ii) the submission deadline described in subparagraph (A). (2) Requirements for filing action.--A covered health care malpractice action may not be brought by a party unless-- (A) such party files the action in a court of competent jurisdiction not later than 90 days after the decision resolving the covered health care malpractice claim that is the subject of the action is issued under the applicable alternative dispute resolution system; and (B) any party has filed the notice of intent required by paragraph (1). (3) Court of competent jurisdiction.--For purposes of this subsection, the term ``court of competent jurisdiction'' means-- (A) with respect to actions filed in a State court, the appropriate State trial court; and (B) with respect to actions filed in a Federal court, the appropriate United States district court. (d) Legal Effect of Uncontested ADR Decision.--A decision reached under an alternative dispute resolution system that is not contested under subsection (c) shall, for purposes of enforcement by a court of competent jurisdiction, have the same status in the court as the verdict of a covered health care malpractice action adjudicated in a State or Federal trial court. (e) Standard of Judicial Review.--The standard of judicial review of a claim filed under subsection (c) shall be de novo. (f) Award of Costs and Attorneys' Fees After Initial ADR Resolution.-- (1) In general.--In the case of a covered health care malpractice action brought in any State or Federal court after ADR, if the final judgment or order issued (exclusive of costs, expenses, and attorneys' fees incurred after judgment or trial) in the action is not more favorable to a party contesting the ADR decision than the ADR decision, the opposing party may file with the court, not later than 10 days after the final judgment or order is issued, a petition for payment of costs and expenses, including attorneys' fees, incurred with respect to the claim or claims after the date of the ADR decision. (2) Award of costs and expenses.--If the court finds, under a petition filed under paragraph (1), with respect to a claim or claims, that the judgment or order finally obtained is not more favorable to the party contesting the ADR decision with respect to the claim or claims than the ADR decision, the court shall order the contesting party to pay the costs and expenses of the opposing party, including attorneys' fees, incurred with respect to the claim or claims after the date of the ADR decision, unless the court finds that requiring the payment of such costs and expenses would be manifestly unjust. (3) Limitation.--Attorneys' fees awarded under this subsection shall be in an amount reasonably attributable to the claim or claims involved, calculated on the basis of an hourly rate of the attorney, which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case. Attorneys' fees under this subsection may not exceed-- (A) the actual cost incurred by the party for attorneys' fees payable to an attorney for services in connection with the claim or claims; or (B) if no such cost was incurred by the party due to a contingency fee agreement, a reasonable cost that would have been incurred by the party for noncontingent attorneys' fees payable to an attorney for services in connection with the claim or claims. (g) Applicability.--The requirements of this section shall apply only to each covered health care malpractice claim arising out of an event (or events) occurring on or after the date that is 270 days after the date of enactment of this Act. SEC. 5. BASIC REQUIREMENTS FOR STATE ALTERNATIVE DISPUTE RESOLUTION SYSTEMS. The alternative dispute resolution system of a State meets the requirements of this section if the system-- (1) applies to all covered health care malpractice claims under the jurisdiction of the courts of such State; (2) requires that a written opinion resolving the dispute be issued not later than 180 days after the date on which each party against whom the claim is filed has received notice of the claim (other than in exceptional cases for which a longer period is required for the issuance of such an opinion), and that the opinion contain-- (A) findings of fact relating to the dispute; and (B) a description of the costs incurred in resolving the dispute under the system (including any fees paid to the individuals hearing and resolving the claim), together with an appropriate assessment of the costs against any of the parties; (3) requires individuals who hear and resolve claims under the system to meet such qualifications as the State may require (in accordance with regulations of the Attorney General); (4) is approved by the State or by local governments in the State; (5) with respect to a State system that consists of multiple dispute resolution procedures-- (A) permits the parties to a dispute to select the procedure to be used for the resolution of the dispute under the system; and (B) if the parties do not agree on the procedure to be used for the resolution of the dispute, assigns a particular procedure to the parties; (6) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and health care providers of any findings made under the system that such a professional or provider committed malpractice, unless, during the 90-day period beginning on the date the system resolves the claim against the professional or provider, the professional or provider brings an action contesting the decision made under the system; and (7) provides for the regular transmittal to the Administrator of the Agency for Healthcare Research and Quality of information on disputes resolved under the system, in a manner that assures that the identity of the parties to a dispute shall not be revealed. SEC. 6. CERTIFICATION OF STATE SYSTEMS; APPLICABILITY OF ALTERNATIVE FEDERAL SYSTEM. (a) Certification.-- (1) In general.--Not later than 270 days after the date of enactment of this Act and periodically thereafter, the Attorney General, in consultation with the Secretary, shall determine whether the alternative dispute resolution systems of each State meet the requirements of this Act. (2) Basis for certification.--The Attorney General shall certify the alternative dispute resolution system of a State under this subsection for a calendar year if the Attorney General determines under paragraph (1) that such system meets the requirements of section 5. (b) Applicability of Alternative Federal System.-- (1) Establishment and applicability.--Not later than 270 days after the date of enactment of this Act, the Attorney General, in consultation with the Secretary, shall establish by rulemaking an alternative Federal ADR system for the resolution of covered health care malpractice claims during a calendar year, to be used for a calendar year in States that do not have an alternative dispute resolution system that is certified under subsection (a) for such year. (2) Requirements for system.--Under the alternative Federal ADR system established under paragraph (1)-- (A) paragraphs (1), (2), (6), and (7) of section 5 shall apply to claims brought under such system; (B) the claims brought under such system shall be heard and resolved by medical and legal experts appointed as arbitrators by the Attorney General, in consultation with the Secretary; and (C) with respect to a State in which such system is in effect, the Attorney General may (at the request of such State) modify the system to take into account the existence of dispute resolution procedures in the State that affect the resolution of health care malpractice claims. (3) Treatment of states with alternative system in effect.--If the alternative Federal ADR system established under this subsection is applied with respect to a State for a calendar year such State shall reimburse the United States, at such time and in such manner as the Secretary may require, for the costs incurred by the United States during such year as a result of the application of the system with respect to the State. SEC. 7. GAO STUDY OF PRIVATE LITIGATION INSURANCE. The Comptroller General of the United States shall-- (1) undertake a study of the effectiveness of private litigation insurance markets, such as those in the United Kingdom and Germany, in providing affordable access to courts, evaluating the merit of prospective claims, and ensuring that prevailing parties in ``loser pays'' systems are reimbursed for attorneys' fees; and (2) not later than 270 days after the date of enactment of this Act, submit to Congress a report describing the results of such study.

Fair Resolution of Medical Liability Disputes Act of 2009 - Prohibits a medical malpractice action from being filed in a state court or a federal court under diversity of citizenship jurisdiction unless: (1) the claim that is the subject of the action has been initially resolved under an alternative dispute resolution (ADR) system; and (2) an affected party notifies the appropriate court of the intent to contest the decision and files the action within 90 days after such decision is issued. Provides: (1) for the payment of an opposing party's court costs and attorneys' fees by the contesting party in the case of a malpractice action brought in court after ADR if the final judgment issued in the action is not more favorable to the contesting party than the ADR decision; and (2) that an uncontested ADR decision shall have the status of a verdict in a court adjudicated action. Sets forth basic requirements for state ADR systems, including a requirement that they transmit to the state agency responsible for monitoring or disciplining health care providers any findings that a provider committed malpractice. Directs the Attorney General to: (1) certify state ADR systems that meet the requirements of this Act; and (2) establish an alternative federal ADR system for any state that does not establish its own system. Directs the Comptroller General to study the effectiveness of private litigation insurance markets in providing affordable access to courts, evaluating the merit of prospective claims, and ensuring that prevailing parties in "loser pays" systems are reimbursed for attorney's fees.

A bill to establish Federal standards for the resolution of health care malpractice claims, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent National Security Classification Board Act of 2004''. SEC. 2. PURPOSE. The purpose of this Act is to establish in the executive branch an Independent National Security Classification Board-- (1) to review the standards and procedures used in the classification system for national security information; (2) to propose and submit to Congress and the President for comment new standards and procedures to be used in the classification system for such information; (3) to establish the new standards and procedures after Congress and the President have had the opportunity to comment; and (4) to review, and make recommendations with respect to, classifications of current and new information made under the applicable classification system. SEC. 3. INDEPENDENT NATIONAL SECURITY CLASSIFICATION BOARD. (a) Establishment.--The Independent National Security Classification Board (in this Act referred to as the ``Board'') is established as an independent agency in the executive branch. (b) Composition.--The Board shall be composed of one member appointed by the President, one member jointly recommended by the Majority Leader and the Minority Leader of the Senate and appointed by the President, and one member jointly recommended by the Speaker of the House of Representatives and the Minority Leader of the House of Representatives and appointed by the President, each by and with the advice and consent of the Senate. Each member shall be knowledgeable on classification matters. (c) Term of Members.--Each member of the Board shall be appointed for a term of 5 years. A member may be reappointed for one additional 5-year term. A member whose term has expired shall continue to serve on the Board until a replacement has been appointed. (d) Vacancies.--Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner as the original appointment. (e) Separate Office.--The Board shall have its own office for carrying out its activities, and shall not share office space with any element of the intelligence community or with any other department or agency of the Federal Government. (f) Chairman.--The Board shall select a Chairman from among its members. (g) Meetings.--The Board shall meet at the call of the Chairman. (h) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (i) Availability of Information.--The decision-making process of the Board may be classified, but the final decisions of the Board and the reports submitted under this Act shall be made available to the public. (j) Initial Appointments and Meeting.-- (1) Initial appointments.--Initial appointments of members of the Board shall be made not later than 90 days after the date of the enactment of this Act. (2) Initial meeting.--The Board shall hold its first meeting not later than 30 days after the date on which all members of the Board have been appointed. (k) Website.--The Board shall establish a website not later than 90 days after the date on which all members of the Board have been appointed. SEC. 4. DUTIES OF BOARD. (a) Review of Classification System.-- (1) In general.--The Board shall conduct a thorough review of the classification system for national security information, including the policy, procedures, and practices of the system. The Board shall recommend reforms of such system to ensure-- (A) the protection of the national security of the United States; (B) the sharing of information among Government agencies; and (C) an open and informed public discussion of national security issues. (2) Scope of review.-- (A) Consultation.--The Board shall consult with the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate and the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on International Relations of the House of Representatives in determining the scope of its review of the classification system. (B) Review.--The Board shall submit a report describing the proposed scope of review to the President and the committees of Congress referred to in subparagraph (A) for comment. (C) Revisions.--Not later than 30 days after receiving the report under subparagraph (B)-- (i) the President shall notify the Board in writing of any revisions to such scope of review; and (ii) each committee of Congress referred to in subparagraph (A) may submit to the Board, in writing, any comments of the committee on the proposed scope of review. (b) Adoption of National Security Information Classification System.-- (1) Authority.--The Board shall prescribe the classification system for national security information, which shall apply to all departments and agencies of the United States. (2) Findings and recommendations.--The Board shall, in accordance with the scope of review developed under subsection (a)(2), review the classification system for national security information and submit to the President and Congress its findings and recommendations for new procedures and standards to be used in such classification system. (3) Classification system.--Not later than 180 days after the date on which all members of the Board have been confirmed by the Senate, the Board shall adopt a classification system for national security information, incorporating any comments received from the President and considering any comments received from Congress. Upon the adoption of the classification system, the system shall be used for the classification of all national security information. (c) Review of Classification Decisions.-- (1) In general.--The Board shall, upon its own initiative or pursuant to a request under paragraph (3), review any classification decision made by an Executive agency with respect to national security information. (2) Access.--The Board shall have access to all documents or other materials that are classified on the basis of containing national security information. (3) Requests for review.--The Board shall review in a timely manner the existing or proposed classification of any document or other material the review of which is requested by-- (A) the head or Inspector General of an Executive agency who is an authorized holder of such document or material; or (B) the chairman or ranking member of-- (i) the Committee on Armed Services, the Committee on Foreign Relations, or the Select Committee on Intelligence of the Senate; or (ii) the Committee on Armed Services, the Committee on International Relations, or the Permanent Select Committee on Intelligence of the House of Representatives. (4) Recommendations.-- (A) In general.--The Board may make recommendations to the President regarding decisions to classify all or portions of documents or other material for national security purposes or to declassify all or portions of documents or other material classified for such purposes. (B) Implementation.--Upon receiving a recommendation from the Board under subparagraph (A), the President shall either-- (i) accept and implement such recommendation; or (ii) not later than 60 days after receiving the recommendation if the President does not accept and implement such recommendation, transmit in writing to Congress and have posted on the Board's website a notification in unclassified form of the justification for the President's decision not to implement such recommendation. (5) Exemption from freedom of information act.--The Board shall not be required to make documents or materials reviewed under this subsection available to the public under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). (6) Regulations.--The Board shall prescribe regulations to carry out this subsection. (7) Executive agency defined.--In this section, the term ``Executive agency'' has the meaning given that term in section 105 of title 5, United States Code. SEC. 5. POWERS OF BOARD. (a) Hearings.--The Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out this Act. (b) Information From Federal Agencies.--The Board may secure directly from any Federal department or agency such information as the Board considers necessary to carry out this Act. Upon request of the Chairman of the Board, the head of such department or agency shall furnish such information to the Board. (c) Administrative Support Services.--Upon request of the Board, the Administrator of General Services shall provide to the Board, on a reimbursable basis, the administrative support necessary for the Board to carry out its duties under this Act. (d) Postal Services.--The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Gifts.--The Board may accept, use, and dispose of gifts or donations of services or property. SEC. 6. BOARD PERSONNEL MATTERS. (a) Executive Schedule Level IV.--Section 5315 of title 5, United States Code, is amended by adding at the end the following: ``Members, Independent National Security Classification Board.''. (b) Staff.-- (1) In general.--The Chairman of the Board 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 Board to perform its duties under this Act. The employment of an executive director shall be subject to confirmation by the Board. (2) Compensation.--The Chairman of the Board 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. (c) Detail of Government Employees.--Any employee of the Federal Government may be detailed to the Board without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Board $2,000,000 for fiscal year 2005, and such sums as may be necessary thereafter.

Independent National Security Classification Board Act of 2004 - Establishes the Independent National Security Classification Board as an independent agency within the executive branch. Directs the Board, with respect to national security information, to: (1) review the classification system for such information and recommend reforms to ensure the protection of national security, information sharing among Government agencies, and an open and informed public discussion; (2) prescribe the classification system for such information applicable to all departments and agencies of the United States; and (3) upon its own initiative or by request of the Inspector General of an executive agency or the chairman or ranking member of specified congressional committees, review any classification decision made by an executive agency with respect to such information. Authorizes the Board to: (1) conduct hearings; (2) secure information from any Federal agency; (3) obtain administrative support services; (4) use the U.S. Postal Service in the same manner as other Federal agencies; and (5) accept, use, and dispose of gifts or donations of services or property.

To establish an Independent National Security Classification Board in the executive branch, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Access to Data Stored Abroad Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Electronic Communications Privacy Act of 1986 (Public Law 99-508; 100 Stat. 1848) (referred to in this section as ``ECPA'') was intended to protect the privacy of electronic communications stored with providers of electronic communications services and remote computing services, while balancing the legitimate needs of law enforcement to access records stored by such providers. (2) To strike this balance, ECPA authorized governmental entities to obtain certain categories of communications data from providers using established, pre-existing forms of process--warrants and subpoenas. It also created a new form of court order, in section 2703(d) of title 18, United States Code, that governmental entities could use to obtain additional types of communications data. (3) It has been well established that courts in the United States lack the power to issue warrants authorizing extraterritorial searches and seizures, and neither ECPA nor subsequent amendments extended the warrant power of courts in the United States beyond the territorial reach of the United States. (4) Nevertheless, Congress also recognizes the legitimate needs of law enforcement agencies in the United States to obtain, through lawful process, electronic communications relevant to criminal investigations related to United States persons wherever that content may be stored. Therefore, this Act authorizes the use of search warrants extraterritorially only where the Government seeks to obtain the contents of electronic communications belonging to a United States person. SEC. 3. SCOPE AND CLARIFICATION OF WARRANT REQUIREMENT. (a) In General.--Chapter 121 of title 18, United States Code, is amended-- (1) in section 2702(a), by amending paragraph (3) to read as follows: ``(3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge to any governmental entity the contents of any communication described in section 2703(a), or any record or other information pertaining to a subscriber or customer of such service.''; (2) in section 2703-- (A) by striking subsections (a) and (b) and inserting the following: ``(a) Contents of Wire or Electronic Communication in Electronic Storage.--A governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by the provider only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction. Subject to subsection (b), a warrant issued pursuant to this subsection may be used to require the disclosure of contents of a wire or electronic communication that are in the provider's electronic storage within the United States or otherwise stored, held, or maintained within the United States by the provider. ``(b) Warrant Requirements.--A warrant issued under subsection (a) may require the disclosure of the contents of a wire or electronic communication, regardless of where such contents may be in electronic storage or otherwise stored, held, or maintained by the provider, if the account-holder whose contents are sought by the warrant is a United States person. A court issuing a warrant pursuant to this subsection, on a motion made promptly by the service provider, shall modify or vacate such warrant if the court finds that the warrant would require the provider of an electronic communications or remote computing service to violate the laws of a foreign country.''; (B) in subsection (d), in the first sentence-- (i) by striking ``(b) or''; (ii) by striking ``the contents of a wire or electronic communication, or''; and (iii) by striking ``sought, are'' and inserting ``sought are''; and (C) by adding at the end the following: ``(h) Rule of Construction.--Nothing in this section or in section 2702 shall be construed to limit the authority of a governmental entity to use an administrative subpoena authorized under a Federal or State statute or to use a Federal or State grand jury, trial, or civil discovery subpoena to-- ``(1) require an originator, addressee, or intended recipient of an electronic communication to disclose the contents of the electronic communication to the governmental entity; or ``(2) require an entity that provides electronic communication services to the officers, directors, employees, or agents of the entity (for the purpose of carrying out their duties) to disclose the contents of an electronic communication to or from an officer, director, employee, or agent of the entity to a governmental entity, if the electronic communication is held, stored, or maintained on an electronic communications system owned or operated by the entity. ``(i) Notice.--Except as provided in section 2705, not later than 10 business days after a governmental entity receives the contents of a wire or electronic communication of a subscriber or customer from a provider of electronic communication service or remote computing service under subsection (a), the governmental entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, as specified by the court issuing the warrant, the subscriber or customer-- ``(1) a copy of the warrant; and ``(2) notice that informs the customer or subscriber-- ``(A) of the nature of the law enforcement inquiry with reasonable specificity; and ``(B) that information maintained for the customer or subscriber by the provider of electronic communication service or remote computing service named in the process or request was supplied to, or requested by, the governmental entity.''; (3) in section 2704(a)(1), by striking ``section 2703(b)(2)'' and inserting ``section 2703''; (4) in section 2705-- (A) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) A governmental entity that is seeking a warrant under section 2703 may include in the application for the warrant a request, which the court shall grant, for an order delaying the notification required under section 2703(i) for a period of not more than 90 days, if the court determines that there is reason to believe that notification of the existence of the warrant may have an adverse result described in paragraph (2) of this subsection.''; and (B) in subsection (b), in the matter preceding paragraph (1), by striking ``under section 2703(b)(1)''; and (5) in section 2711-- (A) in paragraph (3)(B) by striking ``warrants; and'' and inserting ``warrants;''; (B) in paragraph (4) by striking ``thereof.'' and inserting ``thereof; and''; and (C) by adding at the end the following: ``(5) the term `United States person' means a citizen or permanent resident alien of the United States, or an entity or organization organized under the laws of the United States or a State or political subdivision thereof.''. SEC. 4. MUTUAL LEGAL ASSISTANCE TREATY REFORMS. (a) Mutual Legal Assistance Treaty Transparency and Efficiency.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish-- (A) a form for use by a foreign government filing a mutual legal assistance treaty request (referred to in this section as an ``MLAT request''), which shall-- (i) be made available on the website of the Department of Justice; and (ii) require sufficient information and be susceptible for use by a foreign government to provide all the information necessary for the MLAT request; and (B) an online docketing system for all MLAT requests, which shall allow a foreign government to track the status of an MLAT request filed by the foreign government. (2) Annual publication.--Beginning not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish on the website of the Department of Justice statistics on-- (A)(i) the number of MLAT requests made by the Department of Justice to foreign governments for the purpose of obtaining the contents of an electronic communication or other information or records from a provider of electronic communications or remote computing services; and (ii) the average length of time taken by foreign governments to process the MLAT requests described in clause (i); and (B)(i) the number of MLAT requests made to the Department of Justice by foreign governments for the purpose of obtaining the contents of an electronic communication or other information or records from a provider of electronic communications or remote computing services; and (ii) the average length of time taken by the Department of Justice to process the MLAT requests described in clause (i). (3) Notice to department of state.--The Attorney General shall notify the Secretary of State not later than 7 days after the date on which disclosure of electronic communications content to a foreign government is made pursuant to an MLAT request. (b) Preservation of Records.--The Attorney General may issue a request pursuant to section 2703(f) of title 18, United States Code, upon receipt of an MLAT request that appears to be facially valid. (c) Notification to Provider of MLAT Request.--When the Attorney General makes use of the process provided in section 2703 of title 18, United States Code, to obtain information from an electronic communications provider or a remote computing provider based on an MLAT request, the Attorney General shall notify that provider in writing that the request has been made pursuant to a mutual legal assistance treaty. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that-- (1) data localization requirements imposed by foreign governments on data providers are-- (A) incompatible with the borderless nature of the Internet; (B) an impediment to online innovation; and (C) unnecessary to meet the needs of law enforcement; and (2) the Department of Justice, the Department of State, and the United States Trade Representatives should pursue open data flow policies with foreign nations.

Law Enforcement Access to Data Stored Abroad Act Amends the federal criminal code to authorize a governmental entity to require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by the provider only pursuant to a warrant issued by a court of competent jurisdiction. Authorizes such a warrant to require such disclosure regardless of where such contents may be in electronic storage or otherwise stored, held, or maintained by the provider if the holder of the account the contents of which are sought by the warrant is a U.S. person. Requires a court, on a service provider's motion, to modify or vacate such a warrant upon finding that it would require the provider to violate the laws of a foreign country. Sets forth requirements for government notification of provider customers or subscribers regarding the receipt of communication contents pursuant to such a warrant. Directs the Attorney General to: (1) establish a form for use by a foreign government filing a mutual legal assistance treaty (MLAT) request; (2) establish an online docketing system for all MLAT requests; and (3) publish statistics annually on MLAT requests made by the Department of Justice (DOJ) to foreign governments, and by foreign governments to DOJ, to obtain the contents of communications or other information or records from a provider of electronic communications or remote computing services. Expresses the sense of Congress that: (1) data localization requirements imposed by foreign governments on data providers are incompatible with the borderless nature of the Internet, an impediment to online innovation, and unnecessary to meet the needs of law enforcement; and (2) DOJ, the Department of State, and the U.S. Trade Representative should pursue open data flow policies with foreign nations.

Law Enforcement Access to Data Stored Abroad Act